subiect to be numbered by Ages Yeares Moneths Daies Houres Minutes and their diuisions and subdiuisions wee cannot in this place omit to particularise concerning the same albeit it may be thought inconuenient to touch the obseruation of the period of Monarchies and Common-weales Periods of Monarchies Common-weales made by some Authors which by many important reasons may be amplified Some distribute the whole ages of the world into three parts ascribing to euerie age 2000 yeares which procâ—edeth from that common opinion of Elias a certaine Rabbin or Iew affirming that the world should stand 6000 yeares and then be disolued of the which they reckon 2000 yeares before the Law 2000 yeares vnder the Law and 2000 yeares vnder Christ which shal be shortned for the elects sake which opinion hath beene receuied by diuers godly fathers supposing that as the world and all things therein was created in six daies So the same should endure 6000 yeares taking each thousand yeares for a day according to the saying of Saint Peter 1. Pet. 3. That one day before the Lord is as a thousand yeares and a thousand yeares as one day In this supputation is some reason for from the beginning to Abraham with whom the first couenant was made and to whom the law of circumcision was giuen wee find to be neere 2000 yeares Of the ages of the world and likewise vnder the law vntill Christ about 2000 yeares and now vnder Christ is aboue 1620 yeares reckoning towards the last 2000 yeares Augustin writing of these ages diuideth them into sixe and reckoneth the first age to be from Adam to Noah the second from Noath to Abraham the third from Abraham to Dauid the fourth from Dauid to the captiuitie of Babylon the fifth from the Captiuitie to Christ the sixt and last vnder the kingdome of Christ vntill the end of the world Others there be that doe distribute the same into foure according to the nature of foure kinds of mettals the Golden Siluer Brasse and Iron Ages alluding to the Prophecie of Daniel of the foure Monarchies Others doe account the same by thousands or millinaries according to certaine obseruations of 6000 yeares in the alterations of things Others doe calculate according to the ages of men supposing 100 yeares for an age and so now being 56 ages and more the number 60 or before the end of the world shall come But let vs obserue the true computation of the Church most generally approoued hitherto Computation of ages by Scripture and reckon from the Creation vntill Noah 1656 yeares when hee entred into the Arke and from the Flooâ— to Abraham 367 yeares and from the departing of the Israelites out of Egypt 430 yeares and from the departing to the building of the Temple by Salomon 430 yeares and from that time to the eleuenth yeare of King Zedekiah deduced by Scripture is 427 yeares So the whole summe of these yeares commeth iustly to 3360 yeares Hereunto 70 yeares being added of the captiuitie of Babylon is 3430 yeares which are 790 Sabbaticall yeares of seuen yeares euery Sabbaticall yeare without any odde number and from that time vntill Christ there is no momentarie difference by Historicall account whereof vnderstanding Merchants ought to bee informed all men take pleasure of this obseruation in their Almanacks From the Creation of the World Aâ—no Domâ— 1620. vntill the last yeare 5582. From the said Creation vntill the Flood 1656. From the said creation vntil the Birth of our Sauior Christ 3962. Since Brute did enter the Iland of Great Brittaine 2727. Since the building of the Temple by Salomon 2649. Since the building of the Citie of Rome 2371. Since the captiuity of Babylon 2258. Since Iulius Caesar was slaine 1669. Since the Birth of our Sauiour Christ vntill the last yeare 1620. Since the Conquest of England by Duke William 553. Since the beginning of the raigne of King Iames the first of that name of England vntill the 24 of March 1620 is 17 yeares compleate but currant 18. Concerning the yeare there are many obseruations Of the seueral beginnings of the yeare and euen of the seuerall beginnings of it And let vs note Obiter that the bodie the soule of man consisting in the bloud hath 365 veines as residences agreeable to so many dayes of the yeare All our Almanackes or Kalenders beginne the yeare from the first day of Ianuary albeit this beginning differeth in many other countries which is conuenient for Merchants to obserue The Astrologians begin at the entrance of the Sun in Arijs which is the 21 of March at 12 of the clocke at noone The old Romanes did begin their yeare ab Hieberno solstitio The Egyptians and old Iewes from the 21 of March with the Astrologians Those of Asia and India ab aquinoctio Autumnali being the 23 of September at 12 of the clocke at noone The Grecians of the longest day of the yeare The Venetians of the first of March The Spaniards from the Annuntiation of the Virgin Marie the 25 of March as England Scotland and Ireland The Portugals and the East-Indies Barbarie Preste-Iohn the 29. of August Moses by Gods commandement ab equinoctio verno which is Easter according to which Easter day Easter day was ordained vpon the full Moone being the foureteenth day of the first Moone after the Sunne entred into the signe of Aries which is also vsed in Aegypt Afterwards in the yeare of our Lord 328 the Councell of Nice did ordaine Easter day alwaies to be vpon the Sabbath day or Sunday next after the full Moone And the Bishop of Alexandria made thereupon a list according to the Circle or Golden number of the Moone beginning from the figure 1 vntill number 19 for that in 19 yeares the Moone maketh her compleate reuolution concurreth with the Sun And if the number did fall out vpon a Sunday then the Sunday after was Easter day The List appointed for Easter day according to this abstract which is now altered by ten daies vpon the alteration of the Kalender by Pope Gregorie the 13. Golden numberâ— 1. The 5 of Aprill 2. The 25 of March 3. The 13 of Aprill 4. The 2 of Aprill 5. The 22 of March 6. The 10 of Aprill 7. The 30 of March 8. The 18 of Aprill 9. The 7 of Aprill 10. The 27 of March 11. The 15 of Aprill 12. The 4 of Aprill 13. The 24 of March 14. The 12 of Aprill 15. The 1 of Aprill 16. The 21 of March 17. The 9 of Aprill 18. The 29 of March 19. The 17 of Aprill Reuolution of the Sunne and Moone The yeare being exactly calculated according to the course of the Sunne or Reuolution in the Zodiake through all the twelue Signes consisteth of 365 daies 5 houres 49 minutes and 16 seconds And the reuolution of the Moone in her going course is 27 daies and about 8 houres and in her returning course about 29 daies and one halfe
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
within the citie of London being the kings Chamber After this follow the particular Letters for the deliuerie of seuerall countries and townes as Caours Carsin Monstreull Calice Rochell Turaine Poitiers Poitou Xantes Xantogne Dagonois Perigot and diuers others besides many Letters concerning the French Kings libertie and his Hostages and of the homage to be made by the Earles and Barons to the King of England who remaineth with the title of Soueraignetie and Domayne besides many other memorable things so that all matters concerning the seas and land were established for those seas and King Eâ—ward tooke sixe pence a tunne for fishing ships King Henrie the fifth who did conquere all France and had the possession of Mare Britanicum lost nothing of his right no more did Henrie the sixth and King Henrie the seuenth as may appeare by their Proclamations Treaties Chro Hollâ—ngshed and Contracts not onely with the French but with the Archdukes of Burgondie as by Guicchardins Chronicle Chr. Froiszart Guiccâ—arâ—in and the said Treatise or Historicall description of the Low-countries appeareth And as Docter d ee in his booke of Nauigation affirmeth King Henrie the seuenth in consideration of the fishing trade properly belonging vnto England in his seas and dominions had resolued to settle a trade thereupon which he preferred aboue all voyages for in those daies there was no fishing trade established in the Low-countries By original antiquitie And it is not yet one hundreth yeares compleate that one Violet Stephens and other discontented Fishmongers departed the realme of England and went into Holland to the towne of Enckhusen where they procured the inhabitants to fish for them in his Maiesties of great Brittaine seas streames and dominions which inhabitants vpon the decease of the said Englishmen Fishmongers tooke the whole trade to themselues dispersing the same into many other townes whereby the same is admirably increased Queene Marie being maried with King Philip the second of Spaine vnder whom all the seuenteene Low Prouinces were vnited granted a lease vnto the said King for the fishing of his subiects in the North parts of Ireland for one and twentie yeares for a certaine fine and paying one thousand pound yearely into the Treasurie of Ireland and Edward Fitton knight then Treasurer And the Companie of the old Haunce in primo of the said Queene Marie had also libertie to sish within the said seas vpon certaine conditions as appeareth in the Chappell of the Rolls of the Chancerie And for England Northwards licences were giuen at Scarborough Castle To this distinction of dominion of the Seas Inuention of the Porteullis I call to memorie the proceedings of that victorious King Henry the eight who during the time that Calice was vnder the Crowne of England as it hath beene full 211 yeares vsed the inuention of the signe of the Portcullis signifying the power of locking vp of the narrow Seas betweene Douer and Calice which was thought conuenient to bee vsed vpon the coyne made for the East-Indies at the beginning of that trade being peeces of the value of eight Royalls of Spaine whereof there was coyned in the Tower of London for a triall in Ianuarie 1600 some six thousand pounds which could not be made currant there because the Spanish peeces of eight Royalls had beene before that time counterfeited by other nations which made the East-Indians to doubt of our coyne although without cause This noble King Henrie hauing procured the Emperor Charles the fifth to meet with the French King went ouer in person with a great power to besiege the towne of Bulloigne in France and when he saw that the Emperors Tent or Pauillion was made with the two pillars of Hercules and the inscription Plus vltra and likewise the French Kings Tent with the three Flower deluces and the title of Primus Christianorum Rex He caused an Archer to be made vpon his Pauillion with Bow and Arrowes and his inscription was Cui adherio praeest declaring thereby his present strength whereby hee did qualifie those warres and peace was made between the Emperor and the said French King it being true that the state of a Prince doth as much consist by reputation as by strength Our Soueraigne Lord King Iames hath also beene mindfull of his right of distinct dominion for the great blessings which almightie God hath allotted to the Kingdomes of Great Brittaine Ireland and the Isles adiacent vnder his Maiesties Dominions is so visible to all the world as that thereby they are rauished with admiration For albeit that the earthly blessings are produced in seasonable times yet the blessings of the Seas are directed and pointed at by the finger of God at infallible seasons causing those watrie creatures to offer themselues for our sustenance and for the generall good of all creatures in places certaine within his Maiesties Seas Streames and Dominions and not into the maine where fishing cannot bee effected Whereupon his Maiestie before his comming into England did let the fishing of Scotland to the Hollanders for fifteene yeares it being agreed by more ancient Treaties betweene them that the fishing then agreed vpon should be eightie miles from the Coast to the end the Scoles of Herrings should not bee interrupted His Maiestie in the fourth yeare of his Raigne of Great Brittaine made a Graunt to one Collyns of Couentrie for twentie one yeres for the fishing in some parts of Ireland Graunts made for fishing and the like Graunts haue beene made for the Isles of Garnesey and Iarnesey according to the Common Law of England By the Common Law which in this point concerning his Maiesties right of dominion is very copious the handling whereof I leaue to the learned and judicious of the said Law In the seuenth yeare of his Maiesties said raigne his Highnesse caused a Proclamation to be made concerning his Dominion of fishing which being compendious and substantiall I thought conuenient here to be inserted Verbatim IAMES By the Grace of God King of Great Brittaine France and Ireland Defendor of the Faith c. To all and singular persons to whom it may appertâ—ine greeting Although We doe sufficiently know by Our experience in the Office of Regall dignitie in which by the fauour of Almightie God Wee haue beene placed and exercised these many yeares as also by obseruation which Wee haue made of other Christian Princes exemplarie actions how far the absolutenesse of Our Soueraigne Power extendeth it selfe And that in regard thereof Wee need not to yeeld account to any person vnder God for any action of Ours which is lawfully grounded vpon that iust Prerogatiue Yet such hath euer beene and shall be Our care and desire to giue satisfaction to Our neighbour Princes and friends in any action which may haue the least relation to their Subiects and Estates as We haue thought good by way of friendly Praemonition to declare vnto them all and to whomsoeuer it may appertaine as followeth Whereas Wee
a man for euery moneth besides the ships fraight and mens wages which may be agreed vpon diuersly And commonly the Company is permitted to haue one third the Owners of the ship one third and the Merchant or Merchandize one third all other incident charges to bee borne accordingly betweene them whereof Indentures of couenants are made Hauing reserued to intreat of this important businesse of Fishing in the end of this first Part of Lex Mercatoria concerning commodities which are compared to the Body of Traffick together with the Sea-lawes obserued therein with all other Customes of Commerce Let vs now proceed to the Second Part touching Moneys being the Soule of Trafficke which in times past were noted to be raised by the fishing trade now so much neglected appertaining to the Kingdoms of Great Brittaine and Ireland as hath beene shewed euen by originall Antiquitie The correspondence and long entercourse between the Societie of Gold-smiths and Fishmongers alludeth hereunto For Saint Dunstane the Bishop The allusion of Saint Dunstone termed to be the Patron of the Company of Gold-smiths had no other Elixer or Philosophers stone than the Gold and Siluer which by the benefit of fishing was obtained whereby the Kingdomes Plate and Bullion was procured For the aduancement of which fishing Trade he did aduise That three fishing dayes ought to be kept euery weeke which caused also more abstinence and hence the Prouerbe came That Saint Dunstane tooke the Deuill by the nose with his pinchers Which Custome if it were better obserued with vs would proue very beneficiall to the State and Common-wealth * ⎠* THE SECOND PART OF LEX MERCATORIA or the Auncient Law-Merchant concerning Moneys compared to the Soule of TRAFFICKE and COMMERCE WEe haue alreadie compared the three Simples or Essentiall parts of Trafficke namely Commodities Money and Exchange of Moneys vnto the Bodie Soule and Spirit And in our first pâ—rt of Lex Mercatoria treated of Commodities as the Bodie of Trafficke with the dependances thereupon as being properly the causes of Commerce with their Effects Adiâ—ncts and Accidents which methode we are now also to obserue in this second part of the Law-Merchant concerning Moneys compared to the Soule which infuseth life vnto Trafficke by the meanes of Eqâ—alitie and Equitie preuenting aduantage betweene Buyers and Sellers And because Money is made of Mettals wherof we haue not spoken in the Chapter of the Commodities whereby Commerce is maintained here we are to begin with the verie originall of Mettals and Mines as a matter worthie the knowledge of Merchants and others First we find That when commodities began much to abound in the world all manner of mettall as Gold Siluer Copper Tin Lead and Yron grew into greater estimation as being fit and more dureable for preseruation and so the purest and finest Mettall most esteemed At which time the riches of men was notwithstanding described to consist of cattel commodities and other moueables Pecuâ—ia non Pecuâ—aâ—ia and there was a commutation of commodities as hath beene declared which was found to be verie cumbersome The beginning of Moneys and did require much carriage of wares vp and downe from one countrie vnto another by reason whereof Money was deuised to be coyned to be the rule and square whereby all other things should receiue estimation and price and as it were become a measure whereby the price of all things might be set Publica Mensura to maintaine a certaine euenhood or equalitie in buying and selling and the same to haue his standing valuation only by publicke authoritie to the end that all things might equally passe by trade from one man to another Denomination of Money Concerning the denomination of Money it is deriued of Moneta which proceedeth a monendo to shew you the name of the Prince vel nummi nota and consequently the price of the peece of coyne by his authoritie made stamped and valued Pecus fuit Pecuniae fundamentum Pecunia is deriued a Pecude of Cattell as of Sheepe and Oxen the figure whereof was coyned thereupon Nummus a numerando vel nomine of the name of the Prince stamped vpon it and also so called Carolus Guildren or Floren so a Ducat of Ducatus the name of a Duke And in times past being called Stipendium was à stipe pendo before the same was coyned with a stampe but made and weighed being siluer as the Cicle of the Hebrewes The Romans in times past vsed copper Moneys calling their Exchequer Aerarium So in Germanie it is called Argentarium of the Siluer and being kept at Strasbourgh that citie is called Argentina The first Siluer moneys coyned was the 484 yeare of the foundation of Rome And the coynes of Gold was sixtie and two yeres after that Since the foundation of Rome vntill the yeare of 1622 are 2373 yeares Sterling Standerd altered in the valuation The sterling Standard of the Moneys of England was first coyned at a place so called by Osbright a Saxon King of England aboue seuâ—n hundreth yeares since at which time an ounce of Siluer was diuided into twentie peeces and so esteemed twentie pence as who should say so many peeces which so continued by denomination vntill King Henrie the sixth his time who in regard of the inhancing of Moneys in forreine parts valued the same at thirtie pence But there was more peeces made out of the said ounce and the former peeces went for three halfe pence vntill the time of King Edward the fourth and then they were currant for two pence and the said King did value the said ounce at fortie pence vntill King Henrie the eight did value the ounce of sterling Siluer at fortie and fiue pence and so continued vntill King Edward the sixth and vntill Queene Elizabeth her time and then the verie same peece or the same penie was valued at three pence and so did all three pences coyned by the said Queene weigh but a pennie weight and the sixe pence two pennie weight and accordingly the shilling and other peeces which made the ounce to be valued at sixtie pence or fiue shillings whereof twelue ounces make the pound Troy weight The pound Troy diuided by weigâ—t which remained diuided neuerthelesse in twentie pennie weight for the said ounce being still the same in weight did retaine the same name and foure and twentie graines also for euerie pennie weight and according to the said pound weight is the finesse of Siluer also diuided For if it be all pure Siluer without any Copper called Allay it is iustly called twelue ounces fine because that pound weighed twelue ounces and hath no mixture in it The pound of Siluer diuided in finesse and so euerie ounce is consequently twentie pennie weight in finesse and euerie pennie weight is twentie and foure graines in finesse The finesse of Gold is twentie and foure Carrats Finesse of Gold and euerie Carrat is foure graines in finesse and was
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
purpose as by the graunt appeareth This licence they in short time peruerted to the great disturbance of the ancient course of the Staple whereby the trade of the Realme greatly declined and the Kings Customes decreased so that from 160 thousand pounds yearely payed out of the Staple the Customes came short of 120 thousand pounds The Fraternitie of Saint Thomas of Becket These new Merchants terming themselues The fraternitie of Saint Thomas of Becket were by Act of Parlement and by direction vnder the Great Scale of England in the time of King Henrie the sixth prohibited from doing any act that might preiudice the Staple and so it continued vntill the two and twentieth yeare of King Henrie the seuenth and then there was another great complaint in Parlement against the said fraternitie for decaying of trade and a verie strict law made against them with especiall order that they should admit any of the Kings liege people into their socitie paying vnto them ten markes which vnder pretence of some priuiledges hath beene interrupted and especially by his Maiesties Proclamation in the fifteenth yeare of his Highnesse happie raigne by reason of the controuersie for the dressing and dying of cloth neuerthelesse in all their graunts exception is made That the Staplers should not be preiudiced which in the wisedome of a Parlement will be found most necessarie to be vnited againe to make a free trade vnder gouernment 8 The exportation of the materialls for cloth as woolls Fullers earth woolfells and woodashes is prohibited lately by his Maiesties Proclamation with good orders for the execution thereof according as heeretofore was done by the Correctors of the Staple for other commodities 9 Touching the warres of Christendome let vs obserue that King Edward the third had also great wars in his times with France and in Ireland and neuerthelesse he did receiue a verie great assistance by subsidies of fiftie shillings vpon euerie sacke of wooll exported for and during the time of sixe yeares which amounted to 1500 hundreth thousand pounds when one ounce of siluer was valued but at twentie pence which would now amount to foure millions and a halfe 10 And lastly the immoderate vse of forraine commodities was by the Maior and Constables of the Staple had in consideration for they had alwaies an especiall care to the inriching of the Kingdome because the prouident care of the King did put them in mind thereof insomuch that when the said King became forgetfull therein by reason of the warres and that the Kingdome wanted chaffer wares and necessarie prouisions the Parlement did absolutely deny to giue him any subsidie as appeareth by the Chronicle of Grafton in the one and fiftieth yeare of his raigne so that by the premisses things haue bin in some measure considered of when least disorder in trade appeared A Conclusion to the iudicious Reader THe triuiall vice of Enuie is said to be the mother of wickednesse and accounted to sit in an imâ—ginarie Theater Her Pallace is a dim and hollow vault wherin she waxeth pale and wan as hauing the consumption of the liuer looking a squint as borne vnder Saturne neuer resting as though shee were an arme of Ixâ—ns wheele engendred and hatched by the vgly Megara of Hell that feeds and crams her gorge with Dragons and fomes out againe deadly poyson This vâ—ce hath sent forth triple headed Cerberus vnder the shadow of Zoilus Momus and Mastix Three enuious Satyies to performe her intended tragedie but Zoylus remembring that his railing Commentaries presented by him to Ptolome king of Aegypt and his presumption to bee better learned than Homer did worke his ouerthrow goeth by with silence and shaking his head seemeth to be discontented and vnder hand he doth instigate Momus and Mastix to follow their enuious humors wherupon Momus with his carping eyes dimmed with passion hauing cursorily read ouer this booke taketh vpon him to be a great Pollitician or Statist and findeth fault that many things therein contained which he termeth Mysteries should be published and made knowne especially such as may concerne Princes in their reuenues or secrets of their mints Vnto him therefore I frame this answere confessing and auoiding that true it is That the ancient Monarchies Empires and Common-weales held the knowledge of their reuenues in such reuerence and secret that none but the officers which had the managing thereof were made priuie of them as being sacred things not fitting that the people should take notice thereof which was truely obserued in the Romane Empire and Common-weales of the Grecians But as times produce varietie and the maners of men do change breeding corruption of lawes and customes so was it found that by this secrecie officers were both emboldned and enabled to deceiue the Princes thereby and the people would pretend ignorance to giâ—e vnto them their dues whereupon the Senators of Rome by mature deliberation did ordaine that from that time forward the reuenues of their treasure and the dependances thereupon should be published and made knowne not only vnto the people but vnto strangers also which the Emperor Iustinian caused to beobserued and other Emperors succeeding him as appeareth by the Code and other Bookes which the French Kings haue imitated euer since willing and commaunding that these things should be knowne of euerie one yea euen of the meere strangers of other countries so that this obiection is of small moment especially this booke being moderate in the handling thereof Now Mastix riding a false gallop on a hackney horse being full fraighted of conceits commeth to towne and maketh two exceptions to the methode and contents of the booke first he will not allow the termes of Art by diuiding of the same according to the three essentiall parts of Trafficke next he will not haue Merchants secrets laied open or their trades divulged To the first concerning the being essence or existance of things he will make no difference betweene naturall things and things artificiall and so there is but two essentiall parts of Materia forma albeit that some Philosophers haue established three beginnings of naturall things Matter Forme and Depriuation The Matter hath no other office or function but the changing from one Forme into another Depriuation giuing an inclination thereunto for Depriuation is an imperfection so conioyned to the Matter that without her if she were seperated nothing would be ingendered and therefore in Heauen there is no Depriuation and consequently no generation ne corruption The Forme therefore giueth perfection to the thing and being also and without her the Matter is more imperfect than the eye is without the facultie of seeing or the eares without hearing But in artificialls the being hath her parts as Trafficke hath three namely Commodities Money and Exchange so other things may consist of more being or simples wherein the termes of Art are not excluded neither can they auoid Mastix his enuie To the second the whole contents of this Booke manifesteth to all judicious Merchants how necessarie the knowledge is of the matter therein contained to maintaine Equitie and Iustice by the Law of Nations and that there is no particular secret of any Merchants trade reuealed to the preiudice of any man or nation in so much that they are much pleased with it as being desirous to aduance the good and to banish the euill obseruing that vertue maketh a stranger grow naturall in a strange countrie and the vicious becommeth a meere stranger in his owne natiue soile Let vertue therefore enioy her freedome and possesse her priuiledges by the right of Law and all the people shal flourish with equitie Iustice shall maintaine Peace Peace shall procure Securitie Securitie shall nourish Wealth and Wealth Felicitie No man is to be dismayed at his small tallent or to grudge at anothers greater prosperitie for without doubt Nature hath by her secret motion denied none some perfect qualitie to supplie that want which in himselfe breeds discontent or mislike for euen as the fish hauing no eares hath a most cleere sight so though want of dignitie be a disgrace to some though want of coyne discontent diuers and though lacke of wealth impaires the credit of many yet nature hath supplied that outward ornament with such an internall reward as a loyall and louing heart notwithstanding many hard measures will with constancie spend all his time for the good of the common-wealth being thereunto imployed This worke thus at length happily concluded and commended to the kind acceptation of all gentle and well disposed minds is not compiled to please the vaine appetite of some men according to their nice opinion but is referred to the judiciall and affable judgements of this age to whom I shall during the remainder of my daies alwaies be readie to supplie any thing which in the next impression may be desired not doubting but they will measure it by the iust desert and censure thereof as their owne kind natures haue euer beene accustomed Soli Deo gloria FINIS
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
matter little sensible Here may Microcosmos the little world Man behold how little the great world is which is made for him as a Tabernacle where hee hath no abiding place but trauelleth as a Pilgrime towards the Coelestiall habitation with a thankefull mind and remembrance of the mercie of God who hath beene mindfull of the Sonne of Man and made him lower than the Angels to crowne him with glory and worship Psal. 8. Thus much I thought to demonstrate vnto Christian Merchants touching the world before wee intreate of the commodities whereby trafficke and commerce is by them and other Nations maintained according to the ancient Verse Currit Mercator ad Indos as appeareth in the next Chapter CHAP. VII Of the Commodities of all Countries whereby commerce is mainetained Corporum tria sunt genera ALbeit that the aforesaid Doctors of the Ciuile Law haue declared that there be but three kind of bodies of things namely 1 Quod continetur vno spiritu vt homo lapis c. which is contained of one spirit as man and a stone or such like 2 Quod ex pluribus inter se coherentibus constat vt edificium nauis c. which consisteth of many things ioyned together as a building a ship c. 3 Quod ex distantibus constat vt corpora vno nomine subiecta veluti populus legio grex c. which cōsisteth of distant things as many bodies vnder one name a People a Legion a Flock and the like Yet this difinition is not compleat concerning the bodie of trafficke and commerce consisting of Bodie Soule and Spirit namely Commodities Mony and exchange of Mony by Bills of Exchanges as aforesaid which are to be described in order And because Commodities like vnto the Bodie vpheld the world at the first by way of commutation and bartering of them according to necessitie and vsefulnesse Therefore may it bee thought conuenient to set downe in this place the particular commodities of all Countries and of some of them their values and estimation by meanes whereof Trafficke and Trade is established and maintained that thereupon wee may proceed accordingly Verely in the estate of Innocency all things were common but alas this communitie of things indured but a while and now by reason of our naturall corruption and pronenesse to wrong one another there is an absolute necessitie of proprietie and seuerall possession which is consonant to the Law of God as well as founded vpon the Law of man and consent of Nations it being the voyce of secondarie Nature This is my house this is my towne and this is my seruant c. whereby Meum Tuum is distinguished The reuocation of this communion of things is the nerues and bond of humane Societie and the mother of labour and diligence Who would Till the ground if he hoped not to taste of the crop of it Surely all would be waste and desolate if men were to plant and build for euery body that is nobody Wee see by experience that the strongest would depriue others of the vse of things vnlesse the law did interpose her authoritie which is two fold namely Paterna Politica effected by the fathers of families and magistrates And herein is no other equalitie to be found concerning things but a mutuall voluntarie estimation of them according to the vse and behoofe of the said things And the prouerbe is true That goods held in common are as it were no bodies goods and not manured as they ought to be whereupon Plato in his second Common-wealth vpon better consideration did reuoke his former opinion of the communitie of goods and vsed to say That no man was a gayner but another became a looser which had an ouer great regard to the propertie of goods and if there were no propertie of goods all trafficke would cease Neuerthelesse the Equalitie and Equitie in the course of Commerce must be obserued to auoid the ouerballancing of commodities as in the precedent Chapter is mentioned which requireth a third consideration of an other kind of equalitie For as we haue noted with Aristotle Riches is either Naturall or Artificiall The Naturall riches as Lands Vines Forrests Meddowes and the like The Artificiall as Money Gold Siluer Cloth and all other Manufactures and houshold Stuffe Now as this Artificiall riches is proceeding of the Naturall riches and that both these doe receiue their price and estimation by money So reason requireth a certaine equalitie betweene them which wee find to bee defectiue which is concerning the price of lands To prooue our Assertion wee can hardly make this inequalitie appeare albeit wee doe find the want of the treasure transported from vs into the parts beyond the Seas For it befalleth vnto vs concerning monyes and wealth as it doth to a Generall of a Campe of ten thousand supposed armed men whereof muster being taken at seuerall times and vpon seuerall dayes all of them are found to bee armed because they lend their Armour to each other whereas if they were all mustred in a day and at one instant a great part of them would bee found to want Armour So the like want of monyes and wealth would be found if rich men were examined for their personall estates vpon any vrgent occasion And now let vs examine the commodities of all countries beginning from the East and ending in the West Of the goodnesse and value of East India Commodities THe Merchants Trade for the East Indies tooke beginning in England in the yeare 1600 At which time Spices and all other Commodities were bought for the prices hereafter declared translated out of the Portugall tongue with my additions and obseruations concerning the goodnesse of those Commodities Cloues Cloues growing in the Ilands of Moluccos being cleane of Stalkes by the Portugal called Fusties Fusses were sold for fiftie Pardaos the Kintal or the 100 weight of 112 ll correspondent with our London quintal or hundreth accounting the Pardao or Ducatt at 5 ss is about 27 pence the pound There is another leaner and drier sort of Cloues called Crauo di Bastao which is sold for 25 ducatts which the Portugalls doe mingle many times the difference is halfe in halfe in price and the pound at 13 ½ pence Mace Mace being of a faire colour and large which groweth vpon the Nutmegs and is had also in the Iland of Bantan was sold for 74 Ducatts the hundreth which is 40 pence starling the pound Nuttmegs Nutmegs in the said places were sold for 15 Ducatts is 75 ss the hundreth and the pound weight eight pence starling Ginger Ginger being dry from Calicout called Belledin or ashe colour Ginger at 9 Ducats the hundreth is 45 ss and the pound at 5 pence or thereabouts There is an inferiour sort called Mechino of six Ducatts the Quintall Ginger in conserue at 13 ½ Ducatts is about 7 ½ pence the pound Sinamon Sinamon of Zeilan growing in that Iland was sold at thirtie
it were whereby other nations haue still an aduantage CHAP. XIII Of the nature of Bills Obligatorie beyond the Seas and in England SVch is the sinceritie and Candor Animi amongst Merchants of all nations beyond the seas in the obseruation of plaine dealing concerning the said Billâ— Obligatorie betweene man and man that no man dare presume to question his owne hand for if he be stayned therewith he is not only vtterly discredited but also detested of all Merchants The forme of the Bills being as followeth onely Mutatis mutandis Forme of Billes Obligatorie I A. B. Merchant of Amsterdam doe acknowledge by these presents to be truely indebted to the honest C. D. English Merchant dwelling at Middleborough in the summe of fiue hundreth pounds currant money for merchandise which is for commodities receiued of him to my contentment which summe of fiue hundreth pound as aforesaid I do promise to pay vnto the said C.D. or the bringer hereof within six months next after the date of these presents In witnesse whereof I haue subscribed the same at Amsterdam the 10 of Iulie 1622 Stilo nouo A.B. In the East Countries and sometimes in the Low-countries they will put a seale to it and then the word subscribed and sealed goeth together but there is no mention made of any deliuerie or deed for that is vnderstood of course in so much that if for want of payment the Bill be put in suit and the partie adiourned or cited to make his appearance The Iudge making no doubt of any such matter will instantly say to him My friend what is the reason that you haue not payed this your Bill to C. D for to deliuer a Writing or a Bill as an * Called Apocha or Apodissa by the Ciuilians Escroll as we say at the Common Law is vnknowne vnto all Merchants there and the bringer of the Bill called with vs the bearer of it shall be admitted to recouer the same without any Letter of Atturney or other Warrant Especial notes concering Bils Obligatoâ—ie The Ciuilâ— Law and the Law Merchant do require that the Bill shall declare for what the debt groweth either for Merchandize or for Money or any other lawfull consideration The words Currant Money for merchandize is because that Merchants for diuers respects tollerate commonly the moneys to go currant at a higher rate in the course of trafficke than they are valued by publicke authoritie of Kings and Common-weales And when the Bill mentioneth Money it is taken to be Money at deposito or interest wherein is to be obserued That the interest must be ioyned with the principall summe without any specification whereby it may be separated or distinguished because the debtor shall not pretend to pay the same at his best opportunitie and pleasure as may thereupon be done for money letten for loane retaining still the principall in his hands and paying the interest from time to time quarterly or halfe yearely for it is lawfull and accustomed that although one hundreth pounds were taken vp for one whole yeare after the rate of ten vpon the hundreth the Debtor or Taker vp of it may discharge the same at three moneths if he will paying one hundreth and two pounds ten shillings vnlesse the Bill made for the same be made paiable at a time limited with a penaltie of a summe of money called by the Ciuilians Poena Canonica which with vs in England is done vpon a Bond with a forfeiture of halfe or double the summe of the principall wherewith the interest is also ioyned without distinction which may not exceed the rate of ten vpon the hundreth for the yeare in the computation whereof diuers things are to obserued as we shal declare hereafter Now if a Bill made beyond the seas be done by two three or more persons as hauing bought a commoditie as partners together or taken vp moneys together at interest wherein they bind themselues all as principall Parties or Debtors yet euerie man is but bound to pay his part Subscription of Bills Obligatorie The like is if one be bound and two or more do put their hand and seale and vnder-write and seale the said Bill as Principals yet paying their proportionable parts they shall be cleered by the Ciuile Law and the custome of Merchants but if they doe simply subscribe and say we are Sureties then they are all bound for the whole as if the words we or either of vs in solidum were expressed which is the cause that in all notariall writings onely vsed vpon questionable matters decided or to be decided they do not only bind the parties with these words but they do also make a declaration of all renuntiations of priuiledges Renunciation of Priuiledges and what they be and especially of exceptio diuisionis and then it is one for all Exceptio ordinis excus sionis is to meddle with the Suerties before the Principall Renouncing the Letters of Adrian the Emperour for the cessions of goods Prolongations of paiments Vintages or free Martes all Constitutions Canons Priuiledges or Statutes and Acts of Parliament made or to be made published or enacted and in these cases the debtor is alwaies to be bound with the Suerties in all Acts or Instruments made before Notaries Renouncing also the benefit of Senatus-consultus or Arrest Velle Ioan for the prerogatiue of women which vpon the decease of their husbands doe claime their portion brought in by them in marriage or their dower or any thing else that may be alleaged or imagined In England Billes Obligatorie being made payable to the partie his Heires Executors Administrators or Assignes may conueniently be set ouer as aforesaid because the lawfull assignee shall bee of Record and registred also vpon the Bill and if there bee two or more bound in a Bill fraudulent dealing will be also better preuented for by the Common Law Acquitance to one dischargeth the rest if one doe release one of his Debtors by way of acquittance that is bound with others vnto him they are all released and acquited thereby although there were neuer so little payed of the debt insomuch that a receit for parcell of the mony receiued of one of the debtors being made in full payment of his part onely doth neuerthelesse discharge them all as for example by woefull experience may be demonstrated Three Linnen Drapers of London bought of a Merchant stranger 40 pieces of fine Hollands cloth amounting to 160 ll and gaue their ioynt Bill for the payment of it at six moneths one of them became insoluent and being imprisoned made a composition with the Merchant for eight pounds and thereupon had a generall acquitance made to him onely Shortly after the other two Linnen Drapers being somewhat pressed for the payment and ingaged for the other they did plead the other mans generall acquitance which was but a receit made of the said eight pound expressing that is was in full of his part and neuerthelesse vpon
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
same with the charges vpon commodities to the price whereat the said commodities were bought as well in his natiue countrie as in other countries where hee doth trafficke and trade In Russia Denmarke and Sweathen Rigorous dealing for Customes the Custome and Ordinances is if a Merchant doe not declare all his commodities which he importeth or exporteth but concealeth some part of them all the commodities of that kind are forfeited to the Prince and hee shall find but small fauour to redeeme them In Spaine and other Dominions of the King of Spaine the commodities concealed are onely forfeited vnlesse they bee prohibited and vnlawfull goods In England Scotland and Ireland is the like and onely the goods concealed are forfeited and may be had againe vpon reasonable composition for the Statute Law giueth authoritie to the Officer who maketh the seizure that vpon licence sued forth to compound hee may doe it safely for his part which is the one moitie and for the other moity which is the Kings Merchants are graciously dealt wichall by the Iudges or Barons of the Kings Exchequer Abuse of fauourable dealings or others thereunto authorised Insomuch that it hath happened that some Merchants relying vpon this fauourable dealing haue aduentured to expose their commodities vnto the forfeiture thereof being commodities which pay much Custome and Imposition as Cambrickes Lawnes Tabacco Cutcheneale Venice gold Threed and other things because they were in a manner assured to make composition vnder the summe which they were to pay for Custome and Imposition In France and Germany is the like for concealed commodities which are not declared in the Custome-house and Iewels and precious Stones and Pearles are freed of Custome And so was it in England vntill of late yeares since the Customes were taken to farme and yet they pay but three pro cent of the value of their appraisement Strict orders for Customes at London c. to bee rated by the Officers of the Custome-house at London But if any Merchant or Ieweller bring ouer any Iewells or precious Stones and Pearles he is to declare them to the Officers or Waiters of the place where hee landeth otherwise they will bee seized by water or land as forfeited to the King wherein more strict dealing hath beene vsed of late since the King hath letten to farme his moitie of the Seizures So that first of all the Custome of concealed goods must be payed before any composition bee made next the composition being made then may the Informer bee agreed withall And no commodities can bee deliuered vpon securitie to the owner as formerly by the Law was accustomed to be done but they must remaine in some sufficient custodie vntill the matter bee tried by Law or compounded by agreement But prohibited commodities as Allome and other things by Letters Patents and Proclamation the possession may be had vpon securitie to bee giuen to answere the value thereof according to the appraisement made of them And these commodities if the Master of the ship doe not declare them vpon his entrie made in the Custome-house vpon his oath are also subiect to the forfeiture although they come consigned vnto a Merchant or Factor vnawares by another Merchant that knew not that such commodities were prohibited to bee imported The like is it for a Merchant shipping out vnlawfull wares but heerein hee may haue intelligence by the Customer before hee doe lay them vpon the water to bee shipped Againe if a Merchant carrie money by water downe to Grauesend with an intention to bestow the same in Bayes at Sandwich or in other commodities at Canturburie hee is first to declare the same in the Searchers Office or else the money is lost and three times the value vpon information For no money of Gold or Siluer or any forrein Coyne or Plate brought into the Kingdome can be transported only for Passengers expences some foure or fiue pounds may be carried out But for commodities brought in which haue payed Custome the same may bee shipped out againe by Cocket without paying any more Custome and Imposition so it bee done vpon good Certificate that it is the same commoditie and that the propertie thereof is not altered and this must be done within sixe moneths after their importation All Merchants ships being laden Permitted to breake bulke at Tilburie-hope haue alwaies time out of mind beene permitted to breake bulke below or at Tilburie-Hope and to pay no Custome but for the goods they brought vp or landed in England and not for the goods which they did transport in the said ship or in any other vessell or ship which priuiledge and certainetie of Merchants Custome ought to be seriously obserued better than it hath beene of late And of this and other obseruations Merchants and Factors are to giue notice to their friends and Masters to the end they do not incur any danger To enter goods vpon sight which to auoid in some sort is effected by entring the goods vpon sight of the Customers view by opening of them In Barbarie and other places where the Customes are paied in kind or Species if any part bee concealed and not entered that onely will be forfeited and yet the losse is greater because they will make choice of the best as for example Suppose a Merchant doth enter diuers sorts of Linnen-cloth and concealeth some pieces the Officers will take both the tenth piece for the Custome and all the concealed pieces of the best and finest sorts to your exceeding great losse In the Low-countries and Germanie as also in most places of Italie and Turkie you shall onely forfeit the goods concealed and bee permitted to compound for them as you can agree wherein the circumstances in some places will be considered and the manner how the error grew or whether it were done with a set purpose There are also in diuerse places allowances made as in England vpon Wines in regarde of lecage of tenne or fifteene vpon the hundreth or else all the Buts and Pipes are to be filled vp Allowances made vpon Customes and Impositions and so to pay accordingly wherein the time of the voyage foule weather and other accidents are to be considered to make your composition thereafter Vpon Clothes to be shipped out Allowance vpon Clothes there is allowance made of the tenth Cloth for a wrapper which payeth no Custome and so of all other woollen Commodities which pay after the rate as three Northeren Kersies for a Cloth foure Deuonshire Kersies two single Dozens one double Dozen six Cardinals Pin-whites Statutes Stockbridges Straites and Tauistockes foure Cornish Dozens Pennystones vnfriezed Island Dozens and Northeren Plaines for one Cloth two Bridgewaters Cornish and Deuonshire double Dozens Florentines Northren Dozens single and pennystones for a Cloth to be vnderstood for a short Cloth coloured or white of twentie and foure yards long waighing 60 ll vntill 64 ll whereof English Custome was a Noble and the Merchant Straunger
also prouided by the said Statute That whosoeuer shall bee found to haue voluntarily yeelded to any arrest or his bodie to prison and so remaineth in prison for and during the time of sixe moneths thinking by that imprisonment to free his goods and to deceiue his creditors against him may the said Commission bee sued forth and executed accordingly for hee is to bee taken for a Bankerupt according to the said Statute and if the partie bee at libertie against whom the said Statute of Bankerupt is taken out the said Commissioners may if they see cause commit him to prison and giue him some allowance for his maintenance And of all their proceedings there is a Register appointed by his Maiesties Letters Patents vnder the Great Seale of England to record the same vntill the Lord Chanceller doe dissolue the said Commission by a Supersedeas Definition of the word Decoctor The Ciuilians are copious in the description of this Argument and haue attributed vnto this kind of people the name of Decoctor which is deriued from the word Decoquâ— as it were to consume the substance of things by decrease and euaporation of boyling ouer the fire otherwise called disturbers or consumers of other mens goods in the course of trafficke Neuerthelesse they doe obserue great distinctions betweene these persons as in the Treatise De Decoctoribus made by Benuenuto Straccha appeareth And the Definition of Bankerupts is three manner of waies distinguished First When a man becommeth insoluent by losing his goods and other mens by fortune mischance and casualtie which man is not taken to be infamous by the Law indeauouring to make satisfaction as he can Secondly When a man by wasting spoyling and viciously giuen consumeth his owne and other mens goods and hee by the Law is infamous Thirdly When a man is decayed partly by wasting and spoyling of his owne and other mens goods and partly by misfortune and accidents and this man is taken to be infamous if he be vicious Hereunto I may adde the fourth and most vile person who inriching himselfe with other mens goods breaketh without iust cause and onely of purpose to deceiue men according to the aforesaid example of Roan Albeit I am of opinion that the said Ciuilians haue left them out of the number to bee criminally punished as theeues to the Common-wealth by the magistrats or princes authoritie as the Banker of Florence was who breaking for many millions of ducats made a suddaine and deceitfull composition with his creditors for the one halfe and did pay them in readie money which being vnderstood by the great Duke hee caused his processe to bee made instantly and thereupon hee was executed also accordingly which was good iustice and is to be done by the Magistrates and not by the creditors Punishments of Bankrupts As of late yeares one of Genoa in Italy did vnto a debtor of his whom he knew went about to deceiue him for great summes of money whereupon hee caused a Chayre to be made and called the partie to his house and intreated him to sit therein which being made with certaine engines did suddenly so gripe and claspe in his said debtor that hee was compelled to pay him or it might haue cost him his life True it is that in Russia a man hath leaue to beat or to haue his debtor beaten vpon the hinder parts of the legs if he cannot pay and therewith is he discharged which is not so cruell as to keepe him alwayes in prison and make him to indure a lingering death wherein the vndoing of wiues and children are made partakers vniustly Concerning fraudulent dealers the Law is That by making Cession they shall not bee relieued and may bee apprehended in the Church whereas a free-man cannot bee arrested or taken in the Church but may be vnto him a place of refuge If hee bee found a fraudulent man by his bookes of account then any bargaine or sale made two or three dayes before his breaking by goods sold good cheape may bee recalled and auoyded and in like manner if he pay one man after his breaking the same may be taken to be done in fraud of all the other creditors and may be recalled for the generalitie So goods bought by him before breaking if they be found in esse may be claimed by the Seller to his particular vse and payment againe All coniectures of fraud may bee augmented and aggrauated against the fraudulent man according to the saying Semel inuentum decies factum If any man do breake in partnership the partnership is ipso facto dissolued by law but the credit of the other remaineth paying the debts of the partnership Also any commission giuen by him for the partnership is void instantly howbeit if a Factor by ignorance of his breaking haue caused his commission to be followed that which is done doth bind the Master and shall excuse the Factor Suspitious Debtors A debtor suspected by others may be touched before moneys be due and the creditor may attach some of his goods or pawns which is the cause that the writ of Latitat out of the Kings Bench court may be serued vpon them to find sureties for their apparance at the returne of the writ before the Iudges of the said court But the lawes in diuers countries do verie much differ in the proceedings and execution of these fraudulent men A question for suretiship Here ariseth a question Whether a Suretie can pretend to be discharged if the Creditors haue made or agreed with the Principal for a longer time of payment and the Principall breaketh The answer is That if he knew of the new agreement of the said partie for a longer time he is liable thereunto otherwise being bound as a Suretie for a time limited he ought to be cleered at that time or to make suit or demand to haue his satisfaction of the Principall as also of the Suretie which being neglected doth in equitie discharge the said Suretie the reason is because if the Suretie do break at or before the time of the payment the Creditor may demaund another Suretie in that mans place which is broken wherein the law is verie indifferent And this is the cause that diuers Lord Chauncellours of England for moneys taken vp at interest vpon bonds were of opinion That when the said moneys are continued or prolonged at interest the bonds should be renewed and the counter-bonds also and not to leaue the old bonds for many yeares to be vncancelled for it doth oftentimes happen vpon occasion of absence of some of the parties that a new bond is sometimes sealed and the old not taken in which breedeth contention for the new bond being made the old is void and yet may be vncancelled and also put in suit by some executor or administrator ignorant of the other new bond taken for the same and paied long before Albeit herein it seemeth there is more reason not to make new bonds howsoeuer diligent
other hauing meanes more than sufficient to maintaine the trades considering the great summes of money deliuered at interest although the money in specie be wanting which by these meanes would be supplyed And concerning the priuiledges graunted to seuerall societies it will bee easie to reconcile them by good orders to be obserued in the fishing trade wherein all men of seuerall companies may participate and the generall good is alwaies to be preferred before the particular and that societie which is against the common good ought not to bee admitted or continued for any priuate respect Answere To the second obiection That other nations are more painefull and industrious and haue more skill in the cutting salting and packing of fish and pay no fraight for the transportation of their fish Suppose it be so as you say for the present yet you cannot denie but that the same may be amended by vse and custome seeing our people can endure all climates and hardinesse as well as others and by good orders and gaine may be allured to vndertake labour and pains when want breedeth industrie and gaine is like a second life The managing to make fish more merchantable and vendible may be learned of others in time and for wages men will be procured that shall teach others we know that the prouerbe is true omne principium graue The like may bee said touching the fraight of shipping which in processe of time may be had in the same manner if the coast Townes of England were made and appropriated to bee the Ware-houses or Megasins for the grosse commodities of those countries where the Herrings are sold For the scituation of England is farre more commodious to send away the said commodities for all other countries and in diuers places at all times and seasons of the yeare when their countries are frozen for many moneths together or want many times winde and weather to performe their voyages which was the cause that the Hamburgers could not conueniently continue their fishing trade as is alledged Hauing answered sufficiently as I hope the two maine obiections against the fishing trade let vs now examine the benefit of it by the calculation made by the said gentleman Now to shew truely saith he what the charge of a Busse will be with all her furniture as Masts The whole charge of a Busse Sailes Anchors Cables and with all her fishers implements and appurtenances at the first prouided all new is a great charge she being betweene 30 and 40 Last will cost fiue hundreth pounds and may continue 20 yeares with small cost and reparations but the yeâ—rely slite and weare of her tackle and war-ropes with her nets wil cost 80 pounds And the whole charge for the keeping of her at sea for the whole Summer or three voyages for the filling of a hundred Last of caske or barrels 100 Last of barrels 72 ll For salt 4 moneths 88 ll Beere 4 moneths 42 ll For bread 4 moneths 21 ll Bacon and butter 18 ll For pease and billets 6 ll For mens wages 4 moneths 88 ll 335 ll A hundred Last of barrels filled and sold at 10 pounds the Last is 1000 ll 0 0 The charge deducted 335 0 0 Gotten 665 0 0 Here saith he plainely appeareth The profit of one Busse that there is gotten 665 pounds in one Summer whereof if that you do deduct one hundreth pounds for the wearing of the ship and the reparations of her nets against the next Summer yet still there is 565 ll remaining for cleere gaines by one bâ—sse in one yeare rating the Herrings sold but at ten pound the Last which is commonly sold by the Hollanders at Danske for fifteene and twentie pounds The charge of a Pinke of eighteene or twentie Last Of â— Pinke making fifteene Last of barrel fish he accounted accordingly to cost 260 ll and the prouision and wages to be for two moneths 57 ll and the Last sold at 14 ll 8 ss or 24 ss the barrell there is resting gaine for fifteene Last of barrell fish 158 ll He hath noted moreouer that besides the Hollanders the French men of Picardie haue also a hundreth saile of fishermen onely for Herrings on his maiesties seas euerie yeare in the Summer season and they be almost like vnto Busses but they haue not any gagers to come vnto them but they do lade themselues and returne home twice euerie yeare and find great profit by their making of two voyages yearely And hereupon he concludeth with an exhortation to all noble Exhortation for the fishing trade worshipfull and wealthie subiects to put too their aduenturing and helping hands for the speedie launching and floating forward of this great good common-wealth businesse for the strengthning of his maiesties dominions with two principall pillars which is with plentie of coine brought in for fish and Herrings from forraine nations and also for the increasing of mariners against all forreine inuasions and for the bettering of trades and setting of thousands of poore and idle people on worke But now returning to the lawfulnesse of fishing wherein we are to obserue That albeit hunting hawking and fishing be of one kind as subiect to a like law and libertie because that any wild beast fowle or fish being once taken by any man commonly it becommeth his owne proper by the law of nations yet there is a difference between these three and although hunting and hawking be almost euerie where lawfull yet fishing is forbidden in other mens ponds stankes and lakes as comparable vnto theft Statute Lawes of England Scotland and Ireland concerning fishing THe seuerall Statutes of these kingdomes haue established good orders concerning the fishing trade whereunto relation may be had containing in substance the ordinances to build ships and boats and appointing of certaine times for fishing and then onely to fish vpon paines not onely of forfeitures and fines but death also according to the manner of offence made and contempt of those decrees and ordinances Prohibiting for the increase of fishes the making setting and vsing of crowes yarres dams ditches tramlets parkings dyking in any waters where the sea ebbes and flowes and albeit some are permitted to lay nets and to make weares yet must he keep the Saturdaies slop that is to lift the same from Saturday in the afternoone vntill Monday And he is to make each space or mesh of his nets three ynches wide except for taking of Smelts and other fish which will neuer be bigger and the same is to be set vpon the water that the midstreame may haue the space of six foot wide vpon paine of fiue pounds The priuiledges of fishers And concerning the fishers safetie and priuiledges it is prouided That all ships sayling to catch Herrings shall during the taking of them let downe saile after day-light is past and let their anchor fall and keepe watch with lanterne and light vntill the day light appeare least otherwise the poore fishers should be
that our Yron is best for the casting of Ordnance and that the Sweaden cast Yron Peeces are brittle and commonly one in seuen will not abide the triall and of late the broken peeces of ours are made seruiceable for Yron in bars to be cast againe Quicksiluer Mines Mercurie or Quicksiluer naturall is not yet found in England but onely in Germanie in verie cold places and within these thirtie yeares there are two Mines of Qâ—icksiluer discouered in the West-Indies which is a helpe to the quantitie which they yearely buy to refine their Siluer Mines Sulphure Mines or Brimstone Sulphure or Brimstone being found in diuers countries cannot be better than we haue in some mountaines in Wales from whence I haue had diuers sorts of Sulphure earth or mine verie rich Some there is also in Blackemoore and Basedale in Yorkâ—shire as also many other Minerals which my workmen did shew me Minerals of diuers sorts as Terra sigillata Oacre red and yellow Bole Armoniacke Tera d' Vmbra Antimonie Salniter Blacke lead Vitrioll to be made of Copporas to say nothing of such things as are made of Mettals nor of Salt-peeter which is plentifull Allomes are made oâ— stone slate and earth And now I cannot omit to treat of the Allomes whereof in many countries great store is made but the best is at Ciuâ—ta Vecchia in Italie called Romish Allome made with small charges out of a kind of stone which yeeldeth aboue the one halfe of Allome without vsing any vrine or saltish mixture as they do in Germanie where they haue both red and white Allome at reasonable rates so they haue in many places of the Straits at Constantinople Carthagena and other places Sweaden and Poland are not without it In Scotland and Ireland great quantities can be made had not England vndertaken so much whereof I haue set downe the originall progresse and continuance concerning those workes at large the substance whereof followeth in briefe Queene Elizabeth of blessed memorie did in the sixt yeare of her raigne grant by Letters Pattents vnto one Cornelius de Vos the sole making of Copperas and Allomes within the Realme of England which was assigned by him to Iames Lord Mountioy and being renewed for twentie one yeares was confirmed vnto him by an Act of Parliament by vertue whereof one master Lane his workemaster made great quantitie of Copperas in Dorsetshire and the Isle of Purbeke and some Allome and Copperas was then sold at 30 ll the tun now vnder three pounds Afterwards about the yeare 1604 one master Atherton beganne to practise the making of Allomes in Yorkeshire about Gisborough with whom one master Bourchier now Sir Iohn Bourchier Knight did ioyne to bring it to some perfection in hope whereof and at the sute of the said Sir Iohn the King in the fourth yeare of his raigne granted certaine conditionall Letters Patents to the Lord Sheffield President of the North Sir Thomas Challoner Sir Dauid Fowles Knights and the said master Bourchier for twentie one yeares for the sole making of Allomes in Yorkeshire onely where in building of seuen houses and the vtensills for working and charges Aboue Blackâ— Moores with other extraordinaries they were out of purse in two yeares some 33 thousand pounds and could proceed no further without bringing in new men for some of the other gaue ouer in time and would proceed no further although the Germanes were now come which they had sent for There are rich Allome Mines in the Isle of Wight Hereupon other Letters Patents were obtained for thirtie one yeares for all England Scotland and Ireland without conditions and then they were out aboue 40 thousand pounds and no Allomes made to benefit although the price was raised at a certaintie and all forraine Allomes prohibited to come in And his Maiestie hath beene pleased to enter into the said workes and layed out so many thousand pounds as is not fitting to bee expressed Thus by ouercharging the workâ—s in the beginning are good businesses ouerthrowne many are the particulars which I haue obserued in writing concerning these workes But leauing this I wish good successe therein for there is Allome earth enough to continue for euer and in places West-wards as good and better than any in Yorkeshire Now from the Mines of Gold being fallen to Allome and Copperas let vs end with the Coale pits or Coale Mines Coale Mines whereof they make more account in the North than of Lead Mines and yet they are aboundant more than in any countrey of the world In the lower parts of Germanie about Acon and Collogne they haue great store of Sea-coale but it doth not cake as our Coales they melt great quantitie of yron stone with it being like vnto the Coale in Nottinghamshire or thereabouts which flameth more like vnto the Scots Coales To know the goodnesse of the diuersitie of our Coale I haue noted in the fourth Chapter of the first Part of Weights and Measures and now I am to shew how Mines may bee wrought to benefit and profit for the good of Merchants and others CHAP. IIII. Of the profitable working of Mines PHillip the second late King of Spaine perceiuing that many blind Bayards were ouerbold to vndertake the working of his Mines of Siluer in the West-Indies and yet considering on the one side that without authoritie and priuiledge they could not bee incouraged thereunto and on the other side hauing obtained the same for certaine allotted grounds vnto them they did hinder other men and themselues proceeded not did very aduisedly make all his Letters Patents as wee call them conditionall with a Prouiso A good prouiso in Lettets Patents for Mines That if the Patentees did not proceed in the workes or discontinue the worke for two yeares the Patent was void of course and vpon Certificate made of it the King made new Grants vnto others If our King were pleased to doe so many Grants or Leases made by the Companie of the Mines Royall would be made void and other men would be incouraged to trie their fortunes vpon them The next consideration concerning Mines Mettaline and Minerall is That the workes in the beginning be not choaked or suffocated with extreame charges and expences which doth discourage the vndertaker and all others whereby the works are giuen ouer or meanes are deuised to charge Princes Coffers with them For it is true That things doe prosper best when they are vnderpropped by authoritie it selfe which to doe in the beginning were more profitable than when the charges and expences haue ouerburthened them For preuention whereof I made a contract for the Lead Mines in the North parts which being imitated shall cut off all such charges as commonly the parties doe runne into in the working of Mines vpon the conceited benefit which draweth more violently than the Adamant stone For as the Portugall Antonio Diaz told the King Todos los mineros son Ricos porque quando no
so many millions of Copper moneys in foure and eight Maluedies and otherwise and in Portugall of Vintenis Patacois of so many Reas that the halfe Ryall which is our three pence is onely of Siluer and all moneys vnder it are meere Copper without any mixture of Siluer This quantitie is almost incredible for it is not many yeres since during the Kings raign of Philip the third that certaine Italians finding fault that his Octauos and Quartillos were too big gaue the King sixe millions of Ducats to coyne them at halfe the weight within a time limited and as many as they could vtter within that time Necessitas non habet legem is true in some respects The Venetians also coyne meere Copper moneys Copper moneys of the Venetians they haue Sessini which are valued at two Quatrini and three Quatrini are one halfe pennie sterling for six Quatrini are one pennie Bagatini they haue also whereof foure make one Quatrini and twentie and foure Bagatini make one pennie sterling by calculation In France they haue Mailles petit Deniers Deniers Doubles Of Fraunce and Liarts in times past most of these had some Siluer in them but vpon due consideration that it was so much Siluer wasted because the charges of refining did surmount the value and that these moneys did serue for the commutation of pettie things and trifles they haue saued that Siluer Of Germanie The like they haue done of all the small moneys in Germanie but they cause them to be Alkimed like Siluer which is done with Tin and Sal Armoniake after they be coyned which holdeth fairer for a longer time than the moneys of siluer allayed with much copper being in a maner incorporated with the copper and taketh away the smel of it Such are their Hellers Albs Hallincke and the like small copper moneys Of the Low-countries In the Low-countries they haue Duyts Mites Negemanckens Ortkens whereof foure make a Styuer and fiue Styuers make sixe pence which we may well call a Styuer for a pennie sterling eight Negemanckens and twentie and foure Mites for one pennie also In some places as in Flanders the Mite is called Corte and in the Wallone countrie Engcuni and in other places Point Pite Poot being all subdiuisions of Obolus or the halfe pennie Of many other kingdomes and states gouernment In Bohemia Poland Sweaden Denmarke East-land and many other Kingdomes and States they haue meere copper moneys tedious to describe likewise in Italie in their seuerall principalities and dukedomes Of Scotland In Scotland they haue Turnoners and pence and halfe pence in their names and much base money of Achisons Plackx Babyes Nonsuits Of Ireland and the like In Ireland they had in Queene Elizabeth her time halfe pence and pence of copper which are most of them lost and consumed The necessitie of these small moneys did appeare here with vs in England where euerie Chandler Tapster Vintner and others made tokens of lead and brasse for halfe-pences and at Bristoll by the late Queenes authoritie Farthing tokens in England were made of copper with a ship on the one side and C.B. on the other side signifying Ciuitas Bristoll these went currant for small things at Bristoll and ten miles about Hereupon it pleased our soueraigne Lord the K. to approue of the making of a competent quantitie of farthing tokens to abolish the said leaden tokens made in derogation of the Kings Prerogatiue Royall which farthing tokens being made by Engines of meere copper in the yeare 1613 with certain cautions and limitations haue on the one side two scepters crossing vnder one diademe in remembrance of the vnion betweene England and Scotland and on the other side the harpe for Ireland and the inscription of Iacobus D.G. Magnae Britt Fra. Hiber Rex And the said farthing tokens haue not onely beene found very commodious and necessarie for pettie commutations but also to be a great reliefe of the poore and means to increase charitie without which many of them had perished euerie man hauing means to giue almes euen the mechanicall poore to the indigent poore Siluer moneys To come to the coynes of siluer we haue also noted that the Romanes made but moneys of siluer the 484 yere after the foundation of Rome which was in the yeare 3695 from the beginning of the world being now about 1900 yeres since and by some coyns models extant the goodnes of it was sterling siluer being aboue 11 ounces fine since which time many are the standards of siluer moneys made in diuers countries according to occasions both in time of peace and warres as you may find in the following Chapters where wee haue reduced them from the marke weight vnto the pound weight Troy of twelue ounces And concerning the Moneys of England of the sterling Standard more followeth hereafter The Moneys of gold were but made when the Romanes had taken great wealth from all Nations Gold Moneys and was sixtie two yeares after their beginning of the making of siluer Moneys and they were of fine gold since which time also there haue beene many Standards made of gold and that from about twentie foure carrats fine vntill seuen carrats c. CHAP. VI. Of the Officers of Mints THere are diuers Officers in all Mintes The principall Officer is the Warden of the Mint next is the Mint-master the one to looke to the making of Moneys compleat according to the Standards and the other with his workemen called Monyers to make them Then there is the Comptroller to keepe the Contrebookes for the Prince State to see the bullion receiued and the assayes made thereof and the compleat moneys returned for the same weight for weight paying coynage money forthe same which is done by the Warden by the said moneys in specie as they were coyned at the first There are commonly two Assay-masters one Grauer and his deputie one that keepeth the Yrons to deliuer them to the Monyers or the Prouost or chiefe of them to see them euery night returned againe then the Sincker Smith Porter and the like in their places all these haue wages for themselues or allowances yearely from the Prince or State The Mint-master and the Monyers are paied for euery pound weight they make whereof 30 ll weight they call a Iourney The Tellors Office is but vsed in England The Sheyre booke of Moneys which the Wardens deputies execute in other countreys to keepe a Sheyre Booke of the peeces contained in the marke or pound weight although the money be deliuered by weight and not by tale For although there be suppose eight or ten peeces ouer in 100 ll by tale it doth incourage the bringer in of Bullion for the â—â—act sizing is not so much to be regarded vpon the totall in quantitie as vpon the equalitie of weight in peeces for it happeneth sometimes that one shilling will weigh one farthing or halfe penny
and fiue shillings Flemish for our twentie shillings sterling whereas before they did allow and reckon thirtie seuen shillings and six pence or thereabouts which is aboue our inhauncing of ten pro cent and ought to be almost thirtie eight shillings whereof our Mint men câ—n take no notice much lesse our Goldsmiths and Merchants which either are ignorant or wise in their owne conceits and it is a hard matter to find in one man that which belongeth to the professions of many and when it is found to imbrace it for wisdome draweth backe where blind Byard is audatious For mine owne part although it were to be wished which is not to be hoped that we were of the Scithians mind who contemned siluer and gold as much as other men do admire the same yet seeing money is by the iudgement of the wisest so necessarie to the common-wealth that it seemeth to be the Sinowes of peace and as it were the Life and Breath of warfare I could not if I were a Law-giuer with Licurgus banish gold and siluer as the causes of much euil and bring in yron in place vnlesse I might be persuaded as he was of such good successe against vnrighteous dealings as issued thereby but rather vse the pretious mettalls so conueniently as I might and supplie the defect with baser coyne whereunto these chiefe mettals of gold and siluer cannot serue without great losse and inconuenience Or else I would by the course of exchange for moneys preuent all and abound with moneys and bullion hauing such Staple commodities to procure the same withall whereof other nations are destitute Let vs now therefore enter into consideration of the Merchants Valuation in exchange Merchants valuation predominant which we haue noted to be predominant and ouerruling the Kings Valuation For if the King do value a peece of sterling siluer weighing about foure pennie weight at twelue pence it wil be currant so within the realm But Merchants in exchange wil value the same at 11 ½ pence and commonly at eleuen pence and so it will be transported in specie by a low exchange and the commodities of the realme will be sold accordingly as you may vnderstand by the declaration of exchanges in our third part of this booke hereafter This Valuation of Merchants hath two handmaides beyond the seas which do aduance the forreine coyne in price as we do by exchange abate the same For Merchants when they haue occasion to vse any species of coynes for transportation as Dollers for the East-countries to buy corne or Royalls of plate for the East-Indies or French Crownes for Fraunce will giue one two or three Styuers or Soulz vpon a peece to haue the same whereby other Merchants buying commodities will condition to make their paiment in such coynes accordingly Currant money in merchandise and so it goeth from man to man by tolleration which is called Currant money in merchandise or Permission money whereby the same are inhaunced two or three vpon the hundreth at the least This inconuenience seemeth to be remedilesse as the Placcart of the Estates of the vnited Prouinces declareth Anno 1594. albeit the course of it is beneficiall vnto them and in regard of them may well be called Permission money For when they will not breake the coyne of other nations as the manner is in all Mints then it is either valued rather aboue the value which contenteth the said nations and so is permitted to passe betweene man and man which draweth moneys vnto them which doth not endure long Valuation altered by practise with Mint masters For the last and third effect of Merchants Valuation between the Mint-masters who loue to be doing and the said Merchants commeth in place either by abating the price of the said forreine coyne by Proclamation to auoid their hands of it or to gather vp coynes before they be inhanced diuiding the benefit between them the Financiers who are Officers of their Treasurie which is done with great dexteritie euerie way in so much that when it seemeth they will not haue forreine coyne and to that end they vnderualue the same then haue they their Exchangers or Brokers to gather vp those moneys to be brought to their Mint where they will giue secretly a benefit and helpe themselues by the sheire which cannot be done without priuate authoritie So that all things duely considered there is nothing but the rule of exchange to preuent and moderate all these inconueniences which to make men beleeue is to vndertake Hercules Labours for herein doth the motion consist and Motus maior expellit minorem Touching the Proportion betweene gold and siluer in valuation albeit some are of opinion That the same is not much materiall in the course of trafficke yet experience hath shewed vnto vs that the contrarie must be beleeued before their conceits And whereas they haue made obseruation vpon my former assertion to this purpose That Spaine holdeth the Proportion of twelue to one and Portugall holdeth but ten to one they doe not marke the reason added therevnto which is That betweene those Kingdomes there are no commodities to establish any trafficke So that exportation of siluer for gold Permutation of Moneyes or gold for siluer is but a permutation betweene them without any profit But England and other Countreys affoording meanes to import aboundance of forraine commodities and gold being with vs in greater estimation than heretofore being but of late yeares aduanced from eleuen to twelue for one An. 1611. that is to say From eleuen ounces of siluer to twelue ounces of siluer for one ounce of gold was continually transported in returne of the said forraine commodities the exchange not answering the true value of the gold so that now when our gold is yet more aduanced the siluer is thereby more abated in price giuing 13 â…• for one and therefore no maruell that gold is imported vnto vs and siluer is exported there being a gaine of aboue tenne and twelue pro cent And this losse of siluer farre exceedeth the gold in value because in quantitie there is in the world 500 of siluer to one of gold Siluer is 500 to one in quantitie by weight extant and if any siluer by accident be imported it is exported againe for the East-Indies and other places they giuing more for it than the price of our Mint for gaine is the commander of all The Proportions vsed within the memorie of man are as followeth IN the Low-countries they did reckon two Phillip Dollers for the Emperours Royall of gold whereby one marke of gold did counteruaile eleuen marke of siluer being eleuen to one in the pound accordingly In Spaine one marke of gold was valued at 53 ½ Pesos euerie Peso 450 Maluedeis and euerie marke of Siluer 2250 Maluedeis maketh the marke of gold to be but 10 â…” valued by siluer but the Spanish Pistolets of twentie two Carrats fine to eleuen Royalls is eleuen of siluer
haue spent time labour and no small charges in hope that hereafter it may do good to the publicke Pawne houses if some Diuine be moued to further it The first is according to the manner of Amsterdam to which end the substance of the petition of honest and religious men his maiesties subiects is as followeth First that authoritie be giuen to A. B. to erect Pawne-houses in all conuenient places of the realmes of England Ireland and the dominions of Wales for and during the terme of one and twentie yeres vpon these conditions That all person and persons shall and may haue at all conuenient times moneys vpon pawnes of or vpon all moueable goods chattels and leases or any thing which shall be agreed vpon after the rate of ten vpon the hundreth by the yeare That the vndertakers may be authorised or licenced to take for the attendance labour and paines recompence of Officers and Seruants wages house-rent and all other charges incident thereunto as followeth For registring and keeping of all pawnes that do amount to fiftie pounds or more one farthing for euerie pound by the moneth For all pawnes that do amount to ten pounds or more vntill fiftie pounds for euerie pound one halfe pennie by the moneth For all pawnes that do not amount to ten pound for euerie pound one pennie by the moneth For euerie bill giuen for pawnes vnder ten pounds one pennie and being of ten pounds or aboue whatsoeuer it commeth vnto but two pence with such clauses conditions and cautions as shall be requisite for the securitie of the said vndertakers and agreeable with the laws of the realm of England paying vnto the Kings maiestie a reasonable summe of money yearely c. The said allowances are inferiour to the moderation of the Emperor Iustinian his Lawes and will be found verie reasonable considering that by the tolleration of Vsurie politicke men can deliuer their moneys in verie great summes at ten in the hundreth freely and without such trouble CHAP. XIII Of Mons pietatis or Banke of Charitie THe second meane to suppresse the biting vsurie of extortion vpon the common people is by prouiding a course that they may haue moneys vpon pawne without paying any interest or vsurie for the loane of it according to the manner of Bridges in Flanders which is more pleasing but it is not so vniuersall as the Pawne houses are where great summes are to be had to accommodate Merchants and all men to preuent the generall abuse albeit it cannot be denyed but that the extortion vpon the meaner sort of people is more haynous and detestable which was the cause that by the Lawes of the Romans he that tooke vsurie of the poore was more punished than he that did steale from the rich as is before declared In Italie there are Montes pietatis that is to say Mounts or Bankes of Charitie places where great summes of money are by legacies giuen for reliefe of the poore to borrow vpon pawnes and to pay onely after three or foure in the hundreth at the most to maintaine the officers and to beare the charges of such an erected Mount for euer But the manner of Bridges as aforesaid may be thought more reasonable paying the officers out of the contributions which by their means may be much increased according to the orders which are hereafter declared Moneys to be giuen to suppresse vsurie for euerie man is willing to giue for the suppression of intollerable and abhominable vsurie The rich that are charitably disposed will giue because vsurie politicke should not be biting the meaner sort of people will be contributarie because of the commodiousnes of it for who will not giue six pence or twelue pence euerie quarter of the yeare when he may borrow a reasonable summe of money without paying any vse for it for one yere or a longer time according to occasions I am sure of most mens inclinations by an attempt made of the practise hereof some yeares since for after the names taken of aboue 1500 persons that were willing to contribute yearely and some Diuines and others that would lend freely 50 ll 100 ll or more for some yeares and some 500 ll I made an alphabetical register of them which was deliuered into the hands of a great personage who as it seemeth was not worthie of the honour thereof but to my remembrance it amounted to some 2000 ll for moneys giuen and to be lent and aboue six hundreth pounds yearely during the liues of the benefactors so that no man hath cause to doubt of the collection of a great stocke for so godly a worke if authoritie were had when this was done vpon the onely hope and surmise thereof to the effecting whereof I will be willing still to doe my best endeauour Now the orders are as followeth Orders to be obserued for the gouernment of the Mount of Charitie consisting of two houses within the citie of London and the suburbes thereof and one house at Westminster where all men may borrow moneys in small summes without paying any vse or loane for the same vpon pawne to be deliuered for caution or securitie of the said moneys according to the manner of Bridges in Flanders and other countries 1 IMprimis That all men of what qualitie or condition soeuer they be being destitute of money shall haue money at all conuenient times without paying any vse or loane for the same but deliuering onely a pawne of any moueable thing so it be not aboue fortie shillings at any one time vntill a competent stock be raised for the maintenance of the said Mount of Charitie for euer 2 Item Whereas the said stocke is raised and to be increased by meanes of charitable and conscionable persons which either do freely lend moneys without taking interest for the same or do freely giue in money and yearely contributions according to their vertuous dâ—sposition which moneys may in progresse of time amount to a notable summe the Treasurer generall therefore shall be a man sufficient and of honest behauiour carefull to appoint sworne honest men vpon sureties to collect the said moneys and for keeping of the pawnes with their Clarkes and other attendants and the Surueior of accounts shall be a man diligent and skilfull in accounts all for the better incouragement of the said charitable giuers and free lenders for the aduancement of this charitable worke 3 Item Whereas the like House called Saint George was heretofore erected at Genoua in Italie by noble Knights bound in honour to see the people relieued from oppression biting vsurie and extortion which by all vertuous Knights is at all times approued and commended There shall be kept one paire of tables in euerie house containing the names of such honourable persons and vertuous Knights ' as shall be yearely contributaries by quarterly paiments during their naturall liues or lend any summe of money gratis for a time together with the names of such well disposed persons as by
naturally and lawfully borne within this your Maiesties Realme of England and also that they and euerie of them shall and may from henceforth by the same authoritie be enabled and adiudged able to all intents and constructions to demaund challenge aske haue hold and enioy landes tenements hereditaments and rents as heire or heires to any of their auncestors by reason of any descent remaine reuert or come to them or any of them by any other lawfull conueiances or means whatsoeuer or which hereafter shall come c. as if they and euerie of them had beene your Highnesse naturall subiects borne and to hold and inioy to them and euerie of them ioyntly and seuerally lands tenements and hereditaments or rents by way of purchase gift graunt or otherwise of any person or persons to all constructions and purposes as though they and euerie of them had beene your Highnesse naturall borne subiects and also that they and euerie of them from henceforth may and shall bee enabled to prosecute maintaine and avow iustifie and defend all manner of actions suits plaints and other demands whatsoeuer as liberally frankely fully lawfully surely and freely as if they and any of them had beene naturally borne within your Maiesties Realme of England and as any other person or persons naturally borne within the same may in any wise lawfully doe any Act Law Statute Prouiso Custome Ordinance or other thing whatsoeuer had made ordained or done to the contrarie in any wise notwithstanding And your Petitioners shall daily pray for your Royall Maiestie long in honour and most safetie to remaine ouer vs. This Petition in nature of an Act of Parlement The manner of proceeding in Parlement is deliuered to the Speaker of the Parlement who vpon the second reading in the Commons House procureth the same to bee referred to certaine Committees before whom the Petitioners doe appeare and after examination if there be no apparant cause that might crosse them the Bill is returned into the Parlement and read for the third time as the manner is of all Acts and then it is carried vp to the higher house and there it is commonly of course also read three times and so allowed and there it doth remaine vntill the last day of the Session of Parlement and then the Kings Royall Assent is had therevnto and there is written on the backside or within these wordes Le Roy le Veult And if it be anâ— Act which the King will not passe the Clerke of the Parlement writeth Le Roy S'aduiser'a which is a cleane and absolute refusall and all which was done is void and cannot bee reuiued in another Parlement without to begin all from the beginning againe So much for England In France all strangers that are not borne within the Kingdome and reside or dwell in the same Aubeine in France are subiect to the right of Aubeine so called Tanquam Alibi nati for after their death if they be not naturalized the King doth seise vpon all their goods they haue in France and appropriateth the same to his Exchequer or Finances without that the said strangers can dispose thereof by Testament or Will or that their lawfull heires can claime the same howbeit they may giue them and dispose thereof whiles they liue by contracts made betweene them A stranger also not dwelling within the Realme yet hauing gotten wealth or meanes within the same may dispose of it vnto his heyres and others although they were strangers Also if a stranger trauelling through the Kingdome of France should chance to die his heires shall enioy his goods which hee hath left at the time of his decease in France But when a stranger taketh letters of naturalization then may hee get wealth and possessions within the Realme lawfully and freely which letters of naturalization must be recorded in the Chamber of Accounts vpon paine of a penaltie payed to the King and his lawfull heires shall enioy the said possessions and goods so as hee be nature of the Realme or any other to whom the same be giuen by Will or Testament so as he also be naturalized as aforesaid But Monsieur Papon the Ciuilian saith That it is not sufficient for one to enioy the same to bee borne within the Realme but it must be also of a woman taken in marriage within the Realme and heerevpon alleageth an arrest or sentence of the Parlement of Paris whereby a cosin of a stranger deceased was preferred before the sister because the cosin was born within the realme and dwelling in the same and the sister did not dwell within the Realme and was borne in another countrey albeit she caused her selfe to be Naturalized after the decease of her brother whereof the Court had no regard because the goods by succession were gotten before which could not be made void by the Kings Letters Pattents Monsieur Banquet is of opinion That a Frenchman being departed the Kingdome for to dwell in another countrey that his goods present and to come doe appertaine vnto the King and cannot dispose thereof by Will or Testament as it hath beene proued by diuers Decrees of Parlement The King is Lord of all vacant goods and therefore wiues and children are to take Letters of Naturalization to purchase their quietnesse And if any stranger borne and naturalized should bee out of the Kingdome some eight or ten yeares vpon especiall occasion or otherwise hee is at his returne to take new Letters of Naturalization or a confirmation of the former by some approbation An obseruable consideration And herein is a speciall point to bee noted as a matter of record that those of Flanders Millaine and the French Countie of Sauoy are not bound to take Letters of Naturalization to dwell in this Kingdome because the French Kings pretend that the said countreys are theirs and were neuer alienated by any conseâ—t of theirs but are countries which at all times haue belongeth to the Crowne of France who doth acknowledge the subiects to bee true and loyall Frenchmen But it is requisite if they come to dwell and inhabite within the Realme that they take Letters of Naturalization to the end the Officers do not molest or trouble them By the premisses wee see that the Naturalizing in France is farre more compulsorie for Merchants than in England howbeit that in both Kingdomes if a stranger Naturalized after many yeares that hee hath inhabited the same bee desirous to returne to his father-land or natiue countrey he may surrender his Letters Pattents and bee discharged of his oath * ⎠* CHAP. XIIII Of the determination of Sea-faring causes HAuing now hitherto intreated of the Customes of Merchants with their Adiuncts and Accidents and therein obserued Time Number Weight and Measure as also the three Simples and Essentiall parts of Trafficke with their Effects and Properties let vs now consider of the Manner and Methode of the proceedings therein to see by what meanes they are determined and executed
haue hereunto caused Our seale to be put Giuen at Paris in the moneth of March and in the yeare of Our Lord 1556 and the tenth yeare of Our raigne signed by the King then in Councell and sealed with greene waxe with red and greene silke lace CHAP. XVII Of the Lawes of seuerall Countries whereby the Differences and Controuersies of Merchants are determined THe fourth and last meane to end the Differences and Controuersies happening betweene Merchants and others in the course of trafficke are the imperiall Lawes or the fundamentall Lawes of kingdomes and common-weales where the Merchants court of Prior and Consulls is not established whereof the Merchants ought not to beignorant so that in the description of them it is conuenient to make some declaration for the Merchants satisfaction appertaining to their busines and negotation All lawes are tending in substance to the vpholding of trueth maintaining of justice to defend the feeble from the mightie Finall end of the lawes for the suppressing of iniuries and to roote out the wicked from amongst the good prescribing how to liue honestly to hurt no man wilfully and to render euerie man his due carefully furthering what is right and prohibiting what is wrong summarily to be vnderstood according to the saying of our sauiour Christ. What you will haue men to do vnto you do the same vnto them Mat. 7.21 Luke 6.31 Which Alexander Seuerus the Emperor did expresse thus That which you will not haue done vnto thee do not vnto others And to this purpose let vs note three sorts of lawes namely The law of Nature whose vertue is alone Law of Nature and the same euery way in all or rather a verie notice of Gods law ingraffed in the mind of man The law of Nations which consisteth of customes manners Law of Nations and prescriptions being of like condition to all people as we haue before declared The Ciuile law which is an abridgement Ciuile Law derogating many illicentious customes which grew by peruersnesse and corruptnesse of nature and is termed Peculiar vsed by one kind of people called the the Imperiall Law Out of these was the common-law of England made whereof we are now first to intreate and therein to be somewhat prolixe for the better vnderstanding of Merchants the rather because the lawes do binde all men to Knowledge Obedience The law bindeth all men to knowledge and obedience and Punishment for indeed no man may breake them no man may be ignorant of them and lastly no man may iudge of them but according to them and therefore it is said that Iudex is taken à iudicio non iudicium à Iudice and more especially because this booke as you may find is more exactly calculated as the Prognosticators say for the Meridian of England howbeit it may serue for all other countries and places of trafficke and trade Of the Common-Lawes of the realme of England THe Common-Law of England is taken three manner of waies viz. 1 As the Lawes of the realme disseuered from all other Lawes The treatise of Doctor and Student which is the cause of the often arguing in the Lawes what matters ought of right to be determined by the Common-law or what by the Admiraltie court or by the Spirituall court 2 The Common-law is taken as the Kings court of Kings Bench or Common pleas 3 By the common-law is vnderstood such things as were law before any statute made in that point that is in question whereby that point was holden for law by the generall and particular customes and maximes of the realme or by the law of God and the law of reason whereunto the kings of England at their coronation do take a solemne oath to obserue the same and all which the inhabitants of England successiuely euer obserued Fiue nations in England namely Brittaines Romans and then Brittaines againe and then Saxons Danes and Normans Commendation of the common law Now whereas the Law-Merchant requireth breuitie and expedition all men of iudgement will confesse that hauing seene many deuises edicts and ordinances how to abridge processe and to find how long suits in law might be made shorter they neuer perceiued found nor read as yet so iust and so well deuised a meane found out as this by any man in Europe albeit that the shortnesse thereof is such that if a man haue many peremptorie exceptions Peremptorinesse of the common-law which can make the state or issue of his cause he shall be compelled to chose one exception whereupon to found his issue which chosen if he faile by the verdict of twelue men he loseth his action and cause and the rest can serue him for nothing Antiquitie of the common-law Great is the antiquitie of the common-law of England and the triall of Iuries by twelue men for we find the same to be from the time that the West Saxons had the rule and domination ouer the countries of Hamshire Wilreshire Dorsetshire Somersetshire and part of Glocestershire and also the same law was vsed amongst the Saxons which ruled Marshland and Medland that is to say the countries of Lincolne Northhampton Rutland Huntington Bedford Oxford Buckingham Cheshire Darbie Notingham and part of the shires of Glocester Warwicke Hereford and Shropshire at such time when the land was diuided into seuen kingdomes all of them being at that time inhabited with diuers nations namely Picts Scots Danes Normans Vandals and Germanes all which haue continued the proceedings of the law vntill the time of William duke of Normandie who conquered the same This William the Conqueror had the quiet possession of this land and caused amongst other lawes the Dane lawes to be collected which ruled in Deuonshire and Cornewall and a discreet view to be taken of sundrie lawes whereunto he did adde some of his Norman lawes to gouerne the people of the land now called England in so much that concerning the antiquitie of the laws and customes aforesaid they were long before vsed by the Saxons first gouernment Ann◠1198 ante Christum nay by the Brittaines themselues which was one thousand one hundred ninetie and eight yeares before the birth of our sauiour Christ being now in continuance aboue two thousand and eight hundred yeares for king Alfred caused the lawes of Marcia to be translated out of the Brittaine into the Saxon tongue and after that we find that king Lucius and king Alfred caused the continuance thereof The said Common Lawes are properly to bee taken to consist of the ancient Maximes of the said Lawes of the statute Lawes Booke Cases which are yearely obseruations vpon manners and may be called Responsa Prudentum comprehending therin the Municipall Lawes Municipall Law as gauelkind c. which is proper to all Kingdomes and Gouernments as an exception to the fundamentall Lawes thereof wherein many singular arguments drawne from Diuinitie and Humanitie are effectuall though there be no bookes for it For the
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