all remedie against his estate for euer The consideration hereof maketh the debtor to retaine in his hands what they can to maintaine themselues their wiues and children and to keepe them from perishing which maketh also against the crditors profit The bodie of euerie subiect belongeth to the king To the preiudice of the king and common-wealth and euerie subiect is a member or single part of the bodie of the common-wealth so that to take this bodie and to cast the same into prison for debt where he must lie rotting idlely and vnprofitably all the daies of his life and die miserably is no other than to strip and rob the king and common-wealth of their limbes and members and consequently of the seruices and endeauours of a great number of subiects yearely of all degrees and professions to do seruice to the king and common-wealth which number of prisoners exceedeth all the prisoners in all other countries It is therefore in christian Charity wished and in all Godly Policie desired That the bodies and endeauours of all debtors may be free from imprisonment and the creditors recouerie be made against the debtors lands and goods according to the ancient fundamentall Laws of this Kingdome being most consonant to the Law of God to christian Charitie to the rule of Iustice and to godly Policie as aforesaid And that Interim the releife of prisoners may be permitted which the late Queene Elizabeth granted for her and her Successors in the 28. yeare of her Raigne by a large Commission recorded in the high court of Chancerie the exemplification whereof was by all prisoners for debt humbly desired Many other reasons are alledged in the said remonstrance inuectiue against vsurie and vsurors which I haue omitted and hereunto let vs adde certaine obseruations in generall concerning executions The Law is said to be a mute Magistrate but the Magistrates are a liuing Law THe strength of the Law is in commanding and the strength of commanding is in the constraining or executing of the Law which belongeth vnto Iudges and Magistrates The consideration hereof did produce a diuersitie of opinions whether Iudges or Magistrates ought to be for a time or terme of life the often changing of them being according to the custome of the Romans who did instigate men to accuse those that had not discharged the place of their office duely Customs of the Romans about execuâ—ion of lawes whereby wickednesse was not onely punished but also euerie man through emulation did endeauor himselfe to follow vertue and to discharge the place of his calling Besides whereas vertue in all common-weales is the principall point whereat men aime and whereunto the Law doth bind them So the distribution of offices is a reward of vertue which cannot be done to many when they are giuen in perpetuity to some few which many times hath beene the cause of sedition by the inequall distributions of rewards and punishments in some Common-weales Inconueniences of yearely officers True it is that there are many inconueniences if the officers be but for one yeare or a short time to the hinderance of the publike good for they must leaue their place before they know the duty of it and commonly vnto one that is but a nouice in the place whereby the affaires of the Common-wealth fall into the Gouernement of such as are incapable thereof and without experience And if they be fit for the place their time is short that it doth vanish away in feasts and pleasures and matters either publike or priuate doe remaine vndecided and euerie thing protracted without due administration of justice besides how is it in common sence and reason possible that he should command with the effectuall power of a Magistrate that within a little while is as it were a cipher without power or authoritie what subiect will yeeld him due respect and reuerence whereas on the contrarie it his office be perpetuall and his estate assured he is resolued boldly to resist the wicked to defend the good Commodities had by Iudges permanent to reuenge the iniuries of the oppressed and euen to withstand tyrants who manie times haue beene astonished to see the constancie of the Iudges and Magistrates in the execution of justice according to the law and herein is the common law excellent because the Iudges and Magistrates are authorised accordingly for terme of life as the dignitie of the place requireth and are also chosen with great solemnitie in regard of their integritie knowledge and experience in the lawes whereof they are the ornaments whereas to call the yearely Iudges in question after their time expired is a derogation and dishonour to the lawes in other countries The Sherifes and many other Officers which put in euery countie the writs commandments Subalâ—erne Officers annuall and iudgements of the courts in execution are remoued euerie yeare and the same being expired they may be called to account to answere for any misdemeanors committed by them during their office by the ordinarie course of the law which maketh them vigilant and circumspect in the execution of their places which they supplie either personally or by deputies for whose offence they must answere This authoritie and seueritie of the Iudges therefore doth preuent manie mischiefes putting a feare in the hearts of the offendors of the law by the rigour thereof which in criminall cases is called by some crueltie But the mercifull Iudge is more to be blamed in these cases than the seuere because seueritie maketh men to be obedient vnto the lawes whereas too much lenitie causeth contempt both of Lawes and Magistrates Neuerthelesse as there is in all common-weales two principall points which the Magistrates are to consider namely Law and Equitie so the execution of law is to be considered by the Magistrate who sometimes being too seuere may do more hurt to the common-wealth than good seing the intention of those that made the law Lawes intention is the common good was to prouide for the good of the common-wealth Salus populi suprema lex esto This may be said especially in regard of the statute Lawes whereof we haue the example of Empson and Dudley fresh in memorie who being priuie Councellors to king Henrie 7 caused the penall lawes to be strictly executed against his subiects whereby the king gathered much treasure with the losse of the loue of his subiects which was much displeasing vnto him as the Chronicles of this realme haue recorded Because there is nothing so effectuall to cause the prince to be called a tyrant than this course of strict execution of lawes which hath an affinitie with the saying of Nicholas Machiauell sometimes Secretarie to the great Duke of Tuscanie touching the condition of men in generall It is miserable that we cannot do all things The saying of Machiauell More miserable to do that which we would do and most miserable to do that which we can do Informers neuerthelesse are necessarie members in
haue hereunto caused Our seale to be put Giuen at Paris in the moneth of March and in the yeare of Our Lord 1556 and the tenth yeare of Our raigne signed by the King then in Councell and sealed with greene waxe with red and greene silke lace CHAP. XVII Of the Lawes of seuerall Countries whereby the Differences and Controuersies of Merchants are determined THe fourth and last meane to end the Differences and Controuersies happening betweene Merchants and others in the course of trafficke are the imperiall Lawes or the fundamentall Lawes of kingdomes and common-weales where the Merchants court of Prior and Consulls is not established whereof the Merchants ought not to beignorant so that in the description of them it is conuenient to make some declaration for the Merchants satisfaction appertaining to their busines and negotation All lawes are tending in substance to the vpholding of trueth maintaining of justice to defend the feeble from the mightie Finall end of the lawes for the suppressing of iniuries and to roote out the wicked from amongst the good prescribing how to liue honestly to hurt no man wilfully and to render euerie man his due carefully furthering what is right and prohibiting what is wrong summarily to be vnderstood according to the saying of our sauiour Christ. What you will haue men to do vnto you do the same vnto them Mat. 7.21 Luke 6.31 Which Alexander Seuerus the Emperor did expresse thus That which you will not haue done vnto thee do not vnto others And to this purpose let vs note three sorts of lawes namely The law of Nature whose vertue is alone Law of Nature and the same euery way in all or rather a verie notice of Gods law ingraffed in the mind of man The law of Nations which consisteth of customes manners Law of Nations and prescriptions being of like condition to all people as we haue before declared The Ciuile law which is an abridgement Ciuile Law derogating many illicentious customes which grew by peruersnesse and corruptnesse of nature and is termed Peculiar vsed by one kind of people called the the Imperiall Law Out of these was the common-law of England made whereof we are now first to intreate and therein to be somewhat prolixe for the better vnderstanding of Merchants the rather because the lawes do binde all men to Knowledge Obedience The law bindeth all men to knowledge and obedience and Punishment for indeed no man may breake them no man may be ignorant of them and lastly no man may iudge of them but according to them and therefore it is said that Iudex is taken à iudicio non iudicium à Iudice and more especially because this booke as you may find is more exactly calculated as the Prognosticators say for the Meridian of England howbeit it may serue for all other countries and places of trafficke and trade Of the Common-Lawes of the realme of England THe Common-Law of England is taken three manner of waies viz. 1 As the Lawes of the realme disseuered from all other Lawes The treatise of Doctor and Student which is the cause of the often arguing in the Lawes what matters ought of right to be determined by the Common-law or what by the Admiraltie court or by the Spirituall court 2 The Common-law is taken as the Kings court of Kings Bench or Common pleas 3 By the common-law is vnderstood such things as were law before any statute made in that point that is in question whereby that point was holden for law by the generall and particular customes and maximes of the realme or by the law of God and the law of reason whereunto the kings of England at their coronation do take a solemne oath to obserue the same and all which the inhabitants of England successiuely euer obserued Fiue nations in England namely Brittaines Romans and then Brittaines againe and then Saxons Danes and Normans Commendation of the common law Now whereas the Law-Merchant requireth breuitie and expedition all men of iudgement will confesse that hauing seene many deuises edicts and ordinances how to abridge processe and to find how long suits in law might be made shorter they neuer perceiued found nor read as yet so iust and so well deuised a meane found out as this by any man in Europe albeit that the shortnesse thereof is such that if a man haue many peremptorie exceptions Peremptorinesse of the common-law which can make the state or issue of his cause he shall be compelled to chose one exception whereupon to found his issue which chosen if he faile by the verdict of twelue men he loseth his action and cause and the rest can serue him for nothing Antiquitie of the common-law Great is the antiquitie of the common-law of England and the triall of Iuries by twelue men for we find the same to be from the time that the West Saxons had the rule and domination ouer the countries of Hamshire Wilreshire Dorsetshire Somersetshire and part of Glocestershire and also the same law was vsed amongst the Saxons which ruled Marshland and Medland that is to say the countries of Lincolne Northhampton Rutland Huntington Bedford Oxford Buckingham Cheshire Darbie Notingham and part of the shires of Glocester Warwicke Hereford and Shropshire at such time when the land was diuided into seuen kingdomes all of them being at that time inhabited with diuers nations namely Picts Scots Danes Normans Vandals and Germanes all which haue continued the proceedings of the law vntill the time of William duke of Normandie who conquered the same This William the Conqueror had the quiet possession of this land and caused amongst other lawes the Dane lawes to be collected which ruled in Deuonshire and Cornewall and a discreet view to be taken of sundrie lawes whereunto he did adde some of his Norman lawes to gouerne the people of the land now called England in so much that concerning the antiquitie of the laws and customes aforesaid they were long before vsed by the Saxons first gouernment Ann◠1198 ante Christum nay by the Brittaines themselues which was one thousand one hundred ninetie and eight yeares before the birth of our sauiour Christ being now in continuance aboue two thousand and eight hundred yeares for king Alfred caused the lawes of Marcia to be translated out of the Brittaine into the Saxon tongue and after that we find that king Lucius and king Alfred caused the continuance thereof The said Common Lawes are properly to bee taken to consist of the ancient Maximes of the said Lawes of the statute Lawes Booke Cases which are yearely obseruations vpon manners and may be called Responsa Prudentum comprehending therin the Municipall Lawes Municipall Law as gauelkind c. which is proper to all Kingdomes and Gouernments as an exception to the fundamentall Lawes thereof wherein many singular arguments drawne from Diuinitie and Humanitie are effectuall though there be no bookes for it For the
Coelo the rather for that so many good Acts of Parlement haue beene made long since concerning the same when the Staple of our commodities did flourish both here and beyond the Seas in the time of King Edward the third The maintenance of â—ree Trade Anno 1622. And hauing of late published tenne causes of the decay of Trade it may be thought conuenient to examine the same vpon the said points 1 The vnderualuation of our moneys by Bills of Exchanges and the ouerualuation consequently of forraine coyne vnto vs which is the Efficient Cause of the want of money in England 2 Vsurie Politike practised by many and abandoning Trade 3 The litigious suits in Law to the hindrance of Trade 4 The neglect of the fishing Trade preoccupied by other Nations 5 The endraping of Wooll in other countreys of late much increased 6 The policies of Merchants of seuerall Societies 7 The false making of Cloth and other manufactures 8 The exportation of the materialls of Woolls Woolfels c. 9 The warres of Christendome Pirats and Bankerupts 10 The immoderate vse of forraine commodities within the Realme But before we come to this examination The beginning of the Staple let vs obserue the beginning of the Staple and their priuiledges in the gouernement thereof The most ancient foundation of Merchants and merchandising in this Kingdome both for Trade and Gouernement had by continuance of time before King Henrie the third did obtaine the name of Staple the commodities of the Realme as Woolls Leather Woolfells fells Lead Tinne Butter Cheese Clothes and other commodities were called Staple Merchandise The Ports from whence the said commodities were to bee transported were called Staple Ports as London Westminster Hull Boyston Bristoll Southampton New Castle and other places The places of residence of these Merchants both within this land and beyond the seas were called the Staples the Lawes and Ordinances made by the said Merchants were called Staple Lawes vnder their gouernement consisting of a Maior two Constables and other Officers hath the trade of this Kingdome time out of mind flourished to the great inriching of the Kings and Kingdomes and it hath beene supported and assisted by the wisedome of the State in all ages as may appeare by the seuerall Acts of Parlement made for that purpose in the times of Henrie the third Edward the third Richard the second Henrie the fourth Henrie the fifth Henrie the sixth and King Henrie the seuenth So that comprehending the Merchants aduenturers Societie with them which began in the said time of King Henrie the seuenth it is aboue foure hundreth yeares standing that the said Societie hath beene as we haue noted For by the prouidence of all those Princes the Staple Trade was from time to time established and especially by King Edward the third in whose raigne a great number of memorable Lawes were made for the purpose appointing the said officers and their fees to preuent extortion and all the Kings subiects that would bring their goods to the Staple and trade The ancient free Trade according to the Lawes and Ordinances thereof were admitted to be Merchants such was the free trade of this kingdome in those daies wherein the subiects of all sorts vpon all occasions might freely participate vnder gouernment At these Staples were the Kings Customes duely collected and by the officers of the Staple at two seuerall times paied into the Kings Exchequer and by their gouernment were many inconueniencies preuented whereby the former causes of the decay of trade were either moderated or reformed namely 1 The moneys of the Realme were required to bee answered in true exchange according to their intrinsike value and their Doller or other forraine coyne was by the Maior and Constables valued accordingly for there was no merchandising exchange vsed neither were Bankers knowne and when there wanted money in the kingdome or was like to want order was taken by them to import Bullion either the 1 â— or 1 â— part of the value of commodities exported The debts betweene Merchants were transferred or set ouer by bills to bee registred before the Maior or Constable which was currant without the strict proceedings of our Common Law And the like may be done now by a Register authorised by his Maiesties letters Parents 2 In those dayes vsurie was accounted to bee an abominable thing for it was not vsed by any course politike but seeing it is now so generall in all countreys the best remedie to abate the same in price is to procure plentie of money within the Realme by the meanes before mentioned which will bee more effectuall of course than any law that will be deuised for the moderation thereof 3 To auoide the litigious suits in law the said Maior and Constables of the Staple had authoritie to determine them with all expedition and if it were vpon a difference betweene a Stapler and a Merchant stranger there were two Merchants strangers admitted and ioyned with the Maior or Constables to determine the same and that with a present execution without delay especially vpon a Statute Staple acknowledged before the Maior or Constable as aforesaid 4 The fishing Trade was not preoccupied by forrain nations as it hath beene within these hundreth yeares as hath beene noted albeit such Ships as were permitted to fish in the Kings Seas and dominions payed six pence for euerie tunne burthen which is now eighteen pence and this trade might be established with vs notwithstanding that the seuerall Societies of the Merchants Aduenturers Russia and Eastland Merchants are of opinion that England cannot maintaine the same and the cloth Trade together as they haue certified 5 The indraping of wooll or making of cloth being of late much increased beyond the Seas and lesse cloth made with vs may giue the better meanes to establish the fishing Trade as aforesaid 6 The pollicies of Merchants of seuerall countries is to bee met withall as the Staplers did in times past looking to the sales both of woolls and all other Staple commodities and the prices of forraine commodities to preuent the ouerballancing in price of the said forraine wares with our natiue commodities 7 To preuent the false making of cloth let vs obserue that at these Staples Merchants goods were alwaies diligently and carefully viewed and subscribed by the Correctors and other Officers of the Staple to the end that all goods exported might bee answerable in goodnesse to their expectation vpon the view required whereby this Staple Trade continued without any interruption for they were the sole Merchants of the Realme without competitors vntill the time of King Henrie the fourth at which time certaine Mariners and Mercers of London vsing to barter English clothes in Holland Zealand Brabant and other places had by the said King Henry the fourth a gouernour set ouer them onely to bee a iudge to heare and decide their controuersies and to punish their misdemeanors with license that they might congregate themselues for that
CONSVETVDO VEL LEX MERCATORIA OR The Ancient Law-Merchant Diuided into three Parts ACCORDING TO THE Essentiall Parts of Trafficke NECESSARIE FOR ALL Statesmen Iudges Magistrates Temporall and Ciuile Lawyers Mint-men Merchants Marriners and all others negotiating in all places of the World By GERARD MALYNES Merchant Salus Populi suprema Lex esto LONDON Printed by ADAM ISLIP Anno Dom. 1622. DOCTRINA PARIT VIRTVTEM TO THE MOST HIGH AND MIGHTIE MONARCH IAMES BY THE GRACE OF GOD KING OF GREAT BRITTAINE FRANCE AND IRELAND DEFENDOR OF THE FAITH Most Dread and Gratious Soueraigne THe state of Monarchie must needes be the Supreamest thing vnder the cope of Heauen when Kings are not only Gods Lieutenants vpon earth and sit vpon his throne but also are called Gods by God himselfe in regard of their Transcendent Preheminences and Prerogatiues whereby they maintaine Religion and Iustice whichare the onely true supporters and fundamentall stayes of all Kingdomes and Common-weales so naturally vnited and conjoyned that where both of them are not properly there can be neither These high Attributes cause their Lawes to be sacred and consequently religiously to be obserued whereby Iustice is administred which is Distributiue and Commutatiue The Commutatiue part includeth Traffick which is the sole peaceable instrument to inrich kingdomes and common-weales by the meanes of Equalitie and Equitie performed especially by the Law-Merchant by reason of her stabilitie For albeit that the gouernment of the said kingdomes and common-weales doth differ one from another 1 In the making of lawes and ordinances for their owne gouernment 2 In the making of War Peace or Truce with forreine nations 3 In the prouiding of money within themselues for their safegard and defence 4 In the election of chiefe officers magistrates and 5 In the manner of the administration of Iustice wherein many mutations are incident yet the Law-Merchant hath alwaies beene found semper eadem that is constant and permanent without abrogation according to her most auncient customes concurring with the law of nations in all countries Great reuerence is due vnto Lawes at all times and hath beene in all ages Solon caused the Athenians to sweare to the obseruation of his Lawes during the time of one hundreth yeares Licurgus did imbrace a voluntarie perpetuall exile to haue his lawes obserued by the Lacedemonians vntill his return intending neuer to return and the Romans did suffer their old law of twelue tables though vniust in many points to decay by little little rather than to make a sudden alteration of it tending to the contempt of laws greater reuerence then is due to the Law-Merchant which hath proued alwaies firme and inuiolable VVise men haue obserued that happie are those Common-weales which are gouerned by Philosophers happier is that King who can wisely gouerne them but most happie is your Maiestie in whom true Philosophie doth raigne and prosper as vines do in eminent places by an inestimable treasure of an obseruing discerning and applying Princely judgement gouerning your kingdomes and dominions The consideration whereof accompanied with my bounden duetie hath emboldned me of late to dedicate vnto your sacred Maiestie a little treatise intitled The maintenance of free Trade wherein mention is made of this Volume which likewise is to be presented vnto your highnesse for it befalleth vnto me as it did to the Philosopher who by progression in wisedome endeauoring to attaine to the perfection of knowledge did perceiue that the neerer approaching thereunto seemed to him to be furthest off so my endeuours striuing to deserue some things at your royal hands seeme vnto me to merit least of all But being confident of your most gratious benignitie and superexceeding grace I do offer vnto your most judiciall eyes this Law-Merchant described according to the three essentiall parts of Trafficke with the means wherby the wealth of your Majesties kingdomes and dominions may be increased and preserued which being done by just and politike courses may properly be called the Preheminent studie of Princes grounded by Commutatio negotiativâ— vpon the rule of Equalitie and Equitie as aforesaid obserued by your High wisdome vpon the Predominant part of Trade which is the mysterie of Exchange for Moneys betweene vs and forreine Nations wherein your Highnesse doth surpasse all the Treatises and Conferences had by your noble auncestors and predecessors Kings with other Princes and States If your most excellent Maiestie therefore shall be pleased from the Zodiaque of your gratious aspect to cast some reflecting beames vpon the plaine superficies of this Law-Merchant euerie little sparke therein will become a flame and all Merchants and others shall bee enabled to draw by the Diameter of it Meridian lines of your royall fauour without which this Booke may be compared to a Sunne dyall which is no longer seruiceable than whilest the Sunne beames doe illuminate the same In hope of which superaboundant fauour I doe apostrophate this Epistle but doe multiplie my ardent praiers for your Maiesties most happie Raigne long to indure ouer vs to Gods glorie and our comforts Your Maiesties most loyall and obedient subiect GERARD MALINES TO THE COVRTEOVS RERDER THat famous Philosopher Xenophon extolling the Persian Lawes testified that their Citizens from their infancie were educated and taught not to attempt or almost to imagine any thing but honest and iust Which was the cause as Gellius reporteth that Draco a Citizen of Athens made their lawes so strict and seuere that it was said They were written with Blood and not with Inke whereas on the other side the Law made by Solon was compared to a spiders web which taketh the lesser flies and suffers the greater to escape and to breake the same So that euerie extreame being vicious Reason requireth a Law not too cruell in her Frownes nor too partiall in her Fauors Neither of these defects are incident to the Law-Merchant because the same doth properly consist of the Custome of Merchants in the course of Trafficke and is approued by all Nations according to the definition of Cicero Vera Lex est recta Ratio Natura congruens diffusa in Omnes Constans Sempiterna True Law is a right reason of nature agreeing therewith in all points diffused and spread in all Nations consisting perpetually whereby Meum and Tuum is distinguished and distributed by Number VVeight and Measure which shall bee made apparant For the maintenance of Trafficke and Commerce is so pleasant amiable and acceptable vnto all Princes and Potentates that Kings haue beene and at this day are of the Societie of Merchants And many times notwithstanding their particular differences and quarrells they doe neuerthelesse agree in this course of Trade because riches is the bright Starre whose hight Trafficke takes to direct it selfe by whereby Kingdomes and Common-weales doe flourish Merchants being the meanes and instruments to performe the same to the Glorie Illustration and Benefit of their Monarchies and States Questionlesse therefore the State of a Merchant is of great
of fishers nets to make browne paper of skins to make glew of beere leeze to make Aqua vitae and the like And here we may not omit how Almightie God by his diuine prouidence ruleth many times this negotiating commutation when the haruest of Corne faileth in one countrie and is prosperous in another countrie whereby this trade of barter by the rule of Mony doth verie much augment and the price of Corne becommeth to be much deerer Albeit the price be reasonable considering the Fermer may by the cheapnes thereof be made vnable to pay his rent And God who doth euerie thing for the best sheweth vnto vs how one nation may haue need and occasion to vse the help and meanes of other nations and which is more admirable to be noted God in the permitting of it may haue some other work in hand to manifest his glorie or to relieue his children by vnexpected meanes As the sending of the children of Iacob into Aegypt for the want of Corne to maintaine themselues doth demonstrate vnto vs. The like may be applyed for Wines Salt and other commodities for the sustenance of man which although they be corruptible commodities may contrarie to our former assertion by this accidentall or casuall extremitie be preferred in estimation of the Staple commodities which are durable and become valued only by Gold Siluer which is the cause that Spaine and Portugall being subiect to haue dearth of Corne do permit the exportation of Siluer and Gold in returne of the prouenue of it and other victuals Gold and Siluer bartered for Corne and Victuals whereby we find that those countries by reason of the West-Indian treasure being from time to time prouided with Siluer and Gold coine are neuerthelesse most destitute of the same bartring as it were in effect their Siluer and Gold for Corne and other prouisions and hauing their countries stored with meere copper Moneys This treasure passeth from them as if it were conueyed by a channel and because of the aboundance of their said Copper moneys is not so sensible vnto them as it is vnto other countries which haue not the vse of the like Copper moneys which is diuers waies to be considered especially in the time of wars when moneys are called to be the sinewes thereof or Nervi Bellorum which by meere Copper moneys can neuer be vnderstood howsoeuer necessarie in some measure for the commutation of pettie bargaines and contracts whereof more hereafter in handling the matter of Moneys To make application of this negotiating coÌ„mutation in the price of Commodities it is to bee prooued by diuers ancient Merchants bookes that within the age of a man or seuentie yeares the price of forraine Commodities with vs is farre more risen than the price of our home Commodities which by way of Antithesis is worthy the obseruation Redding colour and other mingled colour Clothes did cost 9 ll the Cloth then when Blacke Veluets were sold at 10 shillings the yeard and now the said sort of Clothes are sold but for 11 ll and 12 ll the Cloth and Veluets at 26 shillings the yeard Packe Clothes white at fiftie pound the packe of tenne pieces Cramosin Veluets at 12 shillings the yeard And now Packe Clothes of the same marke at ninetie pound and a hundreth pound and Cramosin Veluets at thirtie shillings the yeard Wooll the Todd of 28 ll weight at 12 shillings Blacke Satine at 5 shillings the yeard Wooll now aboue 20 shillings or thereabouts and Satine 15 shillings Calfe skins the dozen 5 ss Fustians the Bale of 40 ½ pieces at 12 ll the Bale Calfe skins now at 10 ss and Fustians 36 pounds and Millaine Fustians at 18 and 20 shillings the piece now at 3 ll and aboue Sayes of Norwich at 20 ss the piece and vpwards Messina silke 8 ss the pound Sayes are about 40 ss Foraine wareâ— risen 3 to 1. and Messina and the like silke aboue twentie six shillings Northerne Carseyes then 18 ss Spanish Soape 20 ss now 50 ss and Carseyes 22 ss Seuill Oyle the Tunne 12 ll now 35 ll and many times aboue fortie pound French Wine at 5 ll the Tunne now 20 ll or thereabouts Long Proines 5 ss now 15 and 16 ss Sugar 6 pence the pound now 14 and 16 pence Malmeseyes 5 ll the Butt now 18 ll and 20 ll Cotton Wool 4 d. now 15 d. and diuers other commodities accordingly So that an angel would haue bought one yeard of Veluets now three Angels or pieces of gold can be exported for the same Ten Angels would haue bought a Tun of Claret Wine in England which is now sold for aboue twentie pound and twentie foure pound Besides that our Cloth is better made than in those dayes albeit not so good as it might be made victuall and wages are deerer and Woad Mather Oyle and colours are extreamely risen A Merchant might haue sent or carried with him one packe of Clothes white broad or narrow lists and brought in returne one Chest containing nine or tenne pieces of Veluets whereas now he cannot bring aboue three or foure pieces in returne thereof For a Redding Cloth sold beyond the Seas hee might haue returned one Bale of Fustians whereas now for the value of one Bale of Fustians sold in England a Merchant must buy and export three Clothes A London mingled colour cloth would haue bought at Lisborne two chests of Sugar now one chest of Sugar will draw two Clothes out of the Realme So a Kentish Cloth would haue bought at Seuill a Tunne of Oyle and more now one Tunne of Oyle doth counteruaile three Clothes and more and other commodities accordingly giuing as it were three to one in specie for foraine commodities Commutation is compared vnto monyes in kind Compare this commutation to the monyes inhaunced in the Low Countries Germany France and some other Countries which is the same money still in specie for weight and finenesse and onely the valuation is altered and you shall find that within the said time of seventie yeares an Angel worth ten s. then is now aboue twentie sâ—illings a French Crowne six shillings now twelue shillings six pence and all other coynes accordingly or thereabouts whereas in England there is no momentarie alteration of the monyes as heereafter shall be made more apparant And the like consideration will also bee had concerning the Exchanges of monyes by Billes of Exchanges Some men are of opinion that selling our home commodities good cheape maketh a liuely trade augmenteth commerce and maintaineth all the dependances thereupon by setting the people on worke imploying Ships and augmenting the Kings Customes and Impositions But they neuer consider two principall points whereby the wealth of Kingdomes and Common-weales increaseth or decreaseth namely Inconueniences to sell commodities good cheape If commodities imported vnto vs bee dearer than in times past as we haue noted and our home commodities are not sold proportionably in price but wee will
and rechanges for it after a great rate And neuerthelesse they will bee sure to haue Pepper or any other commoditie at a certain rate agreed vpon betweene them Mony payable at the returne of the Fleet. or else in readie money payable also at the returne of the said West-Indies Fleet albeit they doe not beare the aduenture of the Siluer Bullion or Royalls of eight rather admitting a clause that if the treasure doe miscarrie they shall haue their monyes repayed within a certaine time and interest of 7 ê‘ 100 vnlesse it be they agree for the Pepper belonging to the King for many yeares to be taken at a reasonable price they bearing the aduenture of the Seas As the Lords Foulkers of Germany did contract in the yere 1592 with Philip the second King of Spaine whereby they became losers by the taking of the great Carracke the Mother of God at the Seas the next yeare following Now because in the precedent Chapters we haue spoken of a Banke and the payment of Bankers it will not be impertinent to intreat thereof before any further proceeding to the end this matter may be vnderstood of euerie Merchant and others CHAP. XX. Of Bankes and Bankers A Banke is properly a collection of all the readie money of some Kingdome The description of a Banke Common-wealth or Prouince as also of a particular Citie or Towne into the hands of some persons licensed and established thereunto by publicke authoritie of some King Prince or Commonwealth erected with great solemnitie in the view of all the people and inhabitants of that Citie Common-wealth or Kingdome with an intimation thereof made diuers times to be vpon such a day in the open market place where a scaffold is purposely erected with an ostentation of great store of money of Gold and Siluer supposed to belong to these persons or Bankers so established which is vnto them an attractiue power to persuade and allure the common people to bring their moneys into these Bankers hands where at all times they may command it and haue it againe at their owne pleasure with allowing them onely a small matter of fiue vpon euerie thousand ducats or crownes when any man will retire or draw his money into his owne hands againe which although it be but in twentie yeares yet during all that time they are to haue no more so that these persons or Bankers do become as it were the generall Seruants or Cashiers of that Prouince Citie or Common-wealth These Bankers as they haue their Companies Factors or correspondence in the chiefe places of trade in Europe so must they also keepe account with euerie man of whom they haue receiued any money into their Banke out of which number no man of that iurisdiction is almost exempted but generally all men are desirous to please them and to bring their readie money into their Banke as also such money as they haue in foreine parts In regard whereof these Bankers do giue them great credit for if any man haue occasion to bestow in merchandise or to pay in money 3 or foure thousand ducats and haue but one thousand ducats in the Banke the Bankers will pay it for him more or lesse as the partie is well knowne or credited without taking any gaine for it although it be for 3 4 6 or more monethes This seemeth to be a great commoditie as no doubt it is to men in particular but being well considered of it will be found a small friendship and no more in effect than if a man did participate the light of his candle to another mans candle for what is this credit or what are the paiments of the Banks but almost or rather altogether imaginarie As for example The maner of the Bankers paiments Peter hath two thousand ducats in Banke Iohn hath three thousand and William foure thousand and so consequently others more or lesse Peter hath occasion to pay vnto Iohn one thousand ducats he goeth to the Bankers at the appointed houres which are certaine both in the forenoone and afternoone and requireth them to pay one thousand ducats vnto Iohn whereupon they presently make Peter debtor for one thousand ducats and Iohn creditor for the same summe so that Peter hauing assigned vnto Iohn one thousand ducats hath now no more but one thousand ducats in Banke where he had two thousand before and Iohn hath foure thousand ducats in the same Banke where he had but three thousand before And so in the same manner of assignation Iohn doth pay vnto William and William vnto others without that any money is touched but remaineth still in the Bankers hand which within a short time after the erection of the Banke amounteth vnto many millions and by their industrie they doe incorporate the same which may easily be vnderstood if we do but consider what the readie money and wealth of London would come vnto if it were gathered into one mans hands much more if a great deale of riches of other countries were added thereunto as these Bankers can cunningly compasse by the course of the exchange for moneys the ebbing and flowing whereof is caused by their motion from time to time as in our Treatise of Exchanges is declared But some will say or demaund Cannot a man haue any readie money out of the Bankers hands if he haue occasion to vse it Yes that he can but before he haue it they will be so bold as to know for what purpose he demaundeth the same or what he will doe with it If it be to pay any man withall they will alwaies doe that for him as hauing account almost with all men for hee is accounted to be of no credit that hath not any money in Banke If he do demaund it for to make ouer by exchange in some other countrie they will also serue his turne in giuing him Bills of Exchanges for any place wheresoeuer because they haue their companies or correspondence in euerie place If he do demaund it for his charges and expences it will be paied him forthwith because it is but a small summe and in the end the money commeth into their hands againe If they pay out money to any man that hauing money in Banke will bestow the same in purchase of lands they will still haue an eye to haue it againe in Banke one way or other at the second and third hand so that they once being possessed of moneys they will hardly be dispossessed and their paiments are in effect all by assignation and imaginarie And if they haue any money in Banke belonging vnto Widowes and Orphanes or any other person that hath no occasion to vse the same they will allow them interest after foure or fiue vpon the hundreth in the yeare at the most and that vpon especiall favour for euerie man seeketh to please them as in matter where Commodum priuatum beareth the rule for they can easily please men in particular in giuing them some credit of that great
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
1500 Markes of Gold of eight ounces 1500 Markes of Pearles 1 Chest Emeraulds From Mexico For the King 1900 thousand Pesos of Siluer 1100 Markes of Gold For particular persons 2 millions in Siluer 64 thousand Hides 25 thousand ll Indico From Santo Domingo Island 35 thousand Hides 900 Chest Sugar of 1000 ll weight 22 thousand Kintals of Ginger 13 thousand Kintals of Logwood 50 Kintals of Salsaparilla 48 Kintals of Caniafistula 64 Roues of Cottonwooll All the Gold and Siluer was valued at thirteene millions and all the commodities at three millions whereof the King had twelue millions and one halfe De claro wherewith we conclude this Chapter of the Mines Royall and are moued to write also of other Mines and Minerals contrarie to our first intention but briefely as followeth * ⎠* CHAP. III. Of Mines and Mineralls THe next in order to be treated of are Tin Mines which are but few in number in all countries Tin Mines and in Germanie onely found somewhat plentifull but the Tin is blackish and corrupt so that our English Tin in Deuonshire and Cornewall is the only Tin of all the World which containeth foure ounces of Gold in a thousand whereof there is some twelue hundreth thousand made yearely It hath been sold for many yeares at an vnder value but his maiestie hath by way of Praeemption aduanced the price thereof which belongeth to the Dukes of Cornewall and consequently vnto the noble Prince of Wales Charles sonne and heire apparant to our soueraigne Lord king Iames. This Praeemption is letten to ferme to certaine Merchants and the gouernment of the Staneries with all the good orders obserued therein and the coynage of Tin to demonstrate the goodnesse is profitable to the kingdome and deserueth great commendation as is alreadie noted Lead Mines Leade Mines are found in all cold countries especially in Germanie in the dukedome of Brownâ—wike but it is blacke of colour and vntill it be refined it is vnseruiceable and consequently not vendible The old Duke had almost made a wall aboâ—t the citie of the sowes and pigges of Leade vntill our Leade became deere and scant and that an Antuerpian did teach them how to refine their Leade in taking away the cobble which is like vnto a knot in a peece of timber which made the Leade brittle and by his meanes all the Dukes Leade was sold in Italie Spaine and other places in France and elsewhere Scotland and Ireland haue many Leade Mines containing also Siluer The Leade Mines of England are scituated in diuers places of the kingdome but most in Darbishire in the hills of Peake Somersetshire and Wales There is great difference in the Ore as hath beene noted There are also many Lead Mines in Richmondshire vnder the countie of Yorke where I went to view them anno 1606 about Arkendale and the new Forest hauing prepared a long Yron boare of eighteene foot long for that purpose Description of many Leade Mines in Yorkshire and there I did obserue within the compasse of ten miles that the scituation of Arkendale iâ— betwixt two hills the one lying North called Windike and the other South-West called Moldersey adioyning vnto another hill called Pouncy lying West from Moldersey all belonging vnto the King and by lease vnto sir Iohn Maillorie knight There are also adioyning vnto it certaine other hills where lead Mines are as Swailedale where my lord Wharton hath his workes also Readhurst Cocka and Fellind being East from Wyndecke The Mines of Arkendale haue neuer been wrought to any purpose There is but three smelting cottages which do feed vpon the poore people and inhabitants thereabouts which at their leasure seeke for Lead Ore vpon sufferance and bring the same to the melting places where they fell the same for 20 or 24 ss the load giuing to the owners three or foure parts in ten as they can agree and one tenth to the Parson or Vicar of the Parish or Chappell A loade of Ore with them is as much as foure or fiue horses can conueniently carrie which by computation is some ten hundreth weight and is also deliuered by a measure called Load foure of these Loads will make a Fother of Lead of twentie hundreth their weight being 120 ll to the hundreth London weight so one hundreth of Lead Ore maketh but 30 ll of Lead which commeth to passe for that their manner of melting is by foot-blast and small furnaces with wood and charcoale Foolish maner of melting casting the Ore of Lead betweene them in small peeces and so still augmenting their melting which can yeeld but little the heat of the fire being choaked with the fewel and drosse of the Lead whereas flame is the greatest meane of melting of all mettaline Ores which require furnaces to be made accordingly where thirtie six or fortie hundreth may be molten together they melting three or foure hundreth There is no wood to be had but within two miles but sea coale and good peate is neere hand which may serue better cheape for they reckon 7 or 8 ss for the charge of a fother for the melting The Lead being cast into small Piggs of somewhat more than one hundreth weight are brought on horse-backe through Richmond to Burroughbridge being about thirtie miles distant and are conueyed by water to Yorke for 2 ss the hundreth and from Yorke to Hull for other two shillings so that a Fother of Lead with all charges will not stand in three pounds and there is a neerer way by Stockton on the sea-side about twentie and fiue miles which will lessen the said charges Now we are come to Yron mines Yron Mines whereof almost all countries in Europe are prouided which do much differ in goodnesse yet may be vsed according to the seuerall workes whereunto it is imployed as the Spâ—nish Yron seruing for Blades not so good for other things England hath great store of Yron Mines for by computation there are aboue eight hundreth furnaces The melting of it by flaming sea coale or Scots coale saueth a great deale of charges There are lately found more Yron Mines in Fraunce which Yron being made into bars is transported into Guinea Binea and other parts vpon the coasts of Africa where it hath continually beene in great estimation and now becommeth so aboundant that their profit is but small of those voyages and so it falleth out at this present for the price of Leade The Yron stone in Wales is found to differ from the Steele stone by meanes whereof a Germane made good Steele in barres Steele stone and also Gad Steele But the patent of sir Baesell Brooke for the making of Steele did hinder the proceedings therein and Germane Steele is best vntill of late that a Frenchman shewing the imperfection of ordinarie Steele caused his maiestie to make void the said patent and to grant another for the making of perfect Steele surpassing in goodnes the Steele of all countries So we find
six pence and withall he did write vnto other Princes concerning the same and Commissioners came ouer about it but all was in vaine whereupon he gaue an absolute authoritie to Cardinall Wolsey by letters patents as followeth HENRIE the eight by the grace of God King of England and of Fraunce defendor of the Faith Lord of Ireland to the most reuerend Father in God our most trustie and most entierly beloued Councellor the Lord Thomas Cardinall of Yorke Archbishop Legat de Leicester of the See Apostolicke Primat of England and our Chauncellor of the same greeting For as much as coynes of moneys as well of gold as of siluer be of late daies raised and inhaunced both in the realme of France Francis the French King and Charles the fifth Emperor as also in the Emperors Low-countries and in other parts vnto higher prices than the verie poiz weight and finesse and valuation of the same and otherwise than they were accustomed to bee currant by meanes whereof the money of this our realme is daily and of a long season hath beene by sundrie persons as well our subiects as strangers for their particular gaine and lucre conueyed out of this realme into the parts beyond the seas and so is likely to continue more and more to the great hinderance of the generalitie of Our subiects and people and to the no little impouerishing of our said realme if the same be not speedily remedied and foreseene We after long debating of the matter with you and sundrie other of Our Councell and after remission made vnto outward Princes for reformation thereof finding finally no manner of remedie to be had at their hands haue by mature deliberation determined That Our coynes and moneys as well of Gold as of Siluer shall bee by our Officers of our Mint from henceforth made at such finesse lay standard and value as may be equiualent correspondent and agreeable to the rates of the valuation inhaunced and raised in outward parts as is afore specified whereupon Wee haue giuen commaundement by Our other Letters vnder our great Seale to the Master Warden Comptroller and other Officers of Our said Mint and to euerie of them to see this Our determination put in execution of the said coynes by Proclamation or otherwise as in the print coyne stroake of the same Wherefore by these presents Wee will and authorise you to proceed not onely from time to time when you shall seeme conueniently by aduice of such other Our Councell as you shall thinke good to the limitation description and deuising how and after what manner and forme Our said coynes and moneys may be brought vnto the rates and values finesse lay standard and print by you and them thought to be requisite but also to appoint Our said Officers of Our Mint duely to follow execute obey and fulfill the same in euerie point according In which doing these Our Letters vnder our great Seate shall be your sufficient warrant and discharge any Act Statute Ordinance or Law or other thing whatsoeuer it be to the contrarie notwithstanding In witnesse whereof We haue caused these presents to be sealed with Our great Seale at Westminster the 23 day of Iulie in the eighteenth yeare of Our raigne c. Graftons Chronicle doth record that all was to no purpose for the inhauncing might on both sides haue run ad infinitum Afterwards in the two and twentieth yeare of his raigne finding that Merchants did transport still the moneys or made them ouer by exchange and made no imployment vpon the commodities of the realme he caused a Proclamation to be made according to an old statute 14 Richard 2 Statute of imployment That no person should make any exchange contrarie to the true meaning thereof vpon paine to be taken the Kings mortall enemie and to forfeit all that he might forfeit Hereupon it fell out that lawlesse necessitie did run to the other extreame of imbasing the moneys by allay whereby all things came to be out of order For base money maketh euerie thing deere Base moneys and ouerthroweth the course of exchange betweene Merchants and causeth much counterfeit money to be made to buy the commodities of the realme and to destroy the good moneys like vnto the seuen leane Kine of Pharaoth which deuoured the seuen fat Kine in a short time as appeared of late within the realm of Ireland which is more dangerous in those kingdomes where their moneys are of a rich standard whereby many commotions happen Commotions about base money as in Fraunce during the raigne of Philip le Bell. And Peter the fourth King of Aragon did for this cause confiscate the Islands of Maiorca and Minorca now kingdomes in the Mediterranean sea whereas the policie of those nations which do vse seuerall standards of moneys doth preuent the same because that promiscuously they make and coine moneys of seuerall standards according to the occasion which is worthie the obseruation ☞ and as all extreames are vicious and defectiue so doth it befall those countries which will haue no base money at all and are made a prey vnto other nations by the exchange for moneys which must be maintained withall as I haue made and shall make more apparant Proportion betweene gold and siluer The third effect or alteration of the Kings Valuation of money is the Proportion betweene gold and siluer being in most countries twelue to one that is to say one pound of siluer for one ounce of gold wherein there is more operation than most men do imagine For you cannot aduance or inhance the one but you abate and diminish the other for they ballance vpon this paralell And whereas England by continuance of eleuen to one hath beene a great looser of gold so now by aduancing the same not onely to twelue to one but to 13 ⅕ for one there hath followed a verie great losse of our siluer which is ouer much abated as may appeare if we do but consider that the French Crowne of sixe shillings was answered with six shillings in siluer and is now full seuen shillings and foure pence and our six shillings in siluer are the verie same for twelue ounces of Crown gold of twentie and two carrats at 3 ll 6 ss maketh 39 ll 12 ss and 108 French Crownes the which are made out of the pound weight of twelue ounces at seuen shillings foure pence maketh also 39 ll 12 ss Hereupon to equalize the siluer vnto gold againe will breed a generall inhauncing of things within the realme for the alteration of the measure of moneys causeth the denomination to follow in number to make vp the tale which requireth great prouidence Exchange fallen by the inhauncing of gold in the Low-countries For we find that other nations perceiuing our gold to be inhanced haue abated the price of exchange according to which the prices of commodities are ruled so that the same goeth at thirtie and foure shillings six pence or thirtie
lubish of twelue pence to the shilling Exchanges for London vpon twentie shillings sterling and for other places vpon the rickx doller before mentioned of thirtie and three shillings now by them inhaunced to fiftie and foure shillings lubish or so many stiuers Flemish In Pomerania they reckon by markes of sixteen shillings snudens and the Exchange is vpon the rickx doller of thirtie and two shillings of two snudens Eight markes a doller In Sweden they reckon by markes whereof eight make a doller whereupon they Exchange and two markes make a Clipping of 9 ½ stiuers In Denmarke vpon markes of sixteene shillings Exchange vpon the doller Polish guilders of 30 grosses In Dansieke they keepe their account in Polish guilders of thirtie grosses euerie guilder of eighteene pence to a grosse They buy with the great marke of sixtie grosses or the little marke of fifteene grosse also by Scoc of three great markes and they Exchange vpon the florin Polish or vpon the pound Flemish payable at foureteene daies and also one moneth Florins Polish of 18 farthings At Riga they buy by dollers or florins Polish of eighteene farthings whereof the eleuen make ten dollers but their Exchanges is made vpon the rickx doller The accounts in Barbarie are kept and commodities are sold by a ducat of ten ounces to the ducat and 8 eights to the ounce valued at twelue pence sterling In Poland their accounts are made by markes and the Exchanges vpon the doller Florins of 48 shillings and also vpon the florin of fortie and eight shillings the marke being part of it In Russia they haue small coynes of eleuen ounces fifteene pennie weight fine called Dengen whereof three hundreth and twentie peeces weigh but a marke of eight ounces They Exchange vpon the doller of Germanie but for London vpon their roble which is double ducat Roble or mark double ducat accounted to be a marke sterling or thirteen shillings foure pence Ducat Di Camera At Rome they keepe their accounts by ducats Di Camera of thirteene Iulie euerie ducat which they diuide in twentie shillings and euery shilling 12 pence Their Exchange is also made vpon the said ducat de Camera which for Lyons are made payable in markes D'or or of gold so called but are imaginarie At Millaine they keepe their Accounts by ducat imperial Ducat imperiall diuided by twentie shillings and twelue pence and their Exchanges are made also vpon the said ducat accounting eightie shillings to the ducat imperiall But all their buyings are made by a ducat currant of one hundreth and twentie shillings At Venice they account by pounds Flemish Ducat di Banes of tenne ducats of twentie and foure grosse which they diuide in twentie shillings and twelue pence also by the ducat of one hundreth twentie and foure shillings called Ducato di Banco or currant and thereupon Exchanges are made At Florence they account by crownes of twentie shillings Ducat Largo or Scripto in banco and twelue pence to the shilling or by a ducat called Largo or scripto in banco for Exchanges Florin is twentie and foure Quatrinij At Genoa Crownes of 60 shillings all Accounts and Exchanges are made by crowns of sixtie shillings diuided by twentie shillings and twelue pence and here are aboue fifteene Bankes or Exchangers At Verona the Exchange is made vpon the Ducat of ninetie three shillings and they make their accounts by twentie shillings Ducat of 93 shillings and twelue pence to the shilling At Luca Exchanges are made for diuers places in Italie and for Lyons vpon the ducat At Naples they account by ducats taries and graines Ducat of ten Carlini the ducat ten carlini tarie is two carlini or two royalls and Exchanges are made hereupon for the most places of Italie But for Lyons they Exchange by number as one hundreth twentie and fiue ducats for one hundreth crownes In Calabria Puglia Exchanges are made vpon the said ducat of ten carlini At Ancona exchange is made vpon the ducat of twentie and one grosse which is in specie twentie and three grosse Ducat of 21 grosse and is also foureteen carlini of six Bollidini for a carline At Bolognia they account by Piastra or pound of twentie Bolognesi the Exchange is vpon the ducat of foure Piastri Piastra or pound At Palermo in Sisilia the ducat is thirteene tarie of two carlini the tarie The fiue royals of Spaine are sixe tarie Ducat of thirteene tarie they account by ounces of thirtie tarie to twentie graines euerie tarie and euerie graine of sixe piccolie and their Exchanges are made vpon florines of six tarij At Lyons in Fraunce all their accounts by an edict made in the yeare 1577 are to be kept in French crownes of sixtie soulz or three pounds tournoys and their Exchanges are made thereupon Crownes of Exchange vnlesse it be for some places in Italie where they exchange for number to haue so many ducats for so many crowns of the summe but not in specie which is altogether imaginarie yet respecting value or Par. At Paris Roan c. their Accounts and Exchanges vpon the said crowne Ducat of 375 Maluedies In Spaine at Seuill Madrill and other places their accounts are all kept by Maluedies wherof three hundred seuentie and fiue are esteemed to make a ducat of exchange of eleuen ryalls euerie ryall is thirtie and foure Maluedies and so maketh but three hundreth seuentie and foure Others keepe their accounts by ryalls of thirtie and foure Maluedyes in ryalls as our English Merchants do and their Exchanges are made vpon this imaginarie ducat of three hundreth seuentie and fiue Maluedies to be payed in Banke with fiue vpon the thousand which is the sallarie of the Banker or without the banke to be payed without the same Ducat de Peso or D'oro In Castile their Exchanges are also made vpon the ducat of three hundreth seuentie and fiue Maluedies which they call in the Bill of Exchange Ducados d'oro or de peso to be paied out of the banke is better by six or eight pro milliar Ducat of 12 Royalls In the kingdome of Arragon Barselona Valensia Saragossa and Catalonia the royall of plate is twentie and three dineros and the ducat is twelue ryalls whereupon they make their Exchanges and their accounts are by twentie shillings and twelue pence for euery ducat of twelue royalls as aforesaid Ducat or Crusat of 400 reas At Lixborne they keepe their accounts by Mill Reas whereof foure hundreth Reas make a ducat alias Crusado Mill Reas is twentie and two royalls of ten testons euerie teston is one hundreth reas There is also testons of foure vintains the royall is two vintains and the Exchange is made vpon the ducat of foure hundreth c. Sultanees of 120 aspers In Turkie at Aleppo Tripoli and Constantinople by Sultanees of one hundreth and twentie aspers or dollers of
rate according to which calculation the said Royall of eight is by vs receiued at fiue shillings and two pence which is but foure shillings 2 ½ pence or thereabouts The difference is fifteene vpon the hundreth in lesse than two moneths time adde hereunto the ten in the hundreth to be had by the said Royalls of eight that the same are better in weight and finenesse than our six pence sterling which is taken to answere the said Royall by a common calculation by reason whereof there will be giuen so much in his maiesties mint or thereabouts that is to say foure shillings and fiue pence or at the least foure shillings and foure pence ½ after the rate of fiue shillings sterling for an ounce of that standard so together is twentie fiue vpon the hundreth benefit A treatise of Free trade 1622. which caused a Merchant aduenturer to set downe in print an interrogation in this manner Who will procure licence in Spaine to bring Realls into England to sell them here at tenne in the hundreth gaine which is lesse than the Exchange from thence will yeeld when he may haue for the same 25 in the 100 in Holland A matter whereby Merchants are easily induced to diuert the said Royalls from the realme to those and other countries and by the common vnderstanding to remedie the same it is thought there is no meanes to meete with forreine nations in the inhancing of moneys but wee must doe the like albeit experience hath shewed long since that this is not effectuall nor any true remedie Now if we will consider things according to the rule aforesaid it will plainely appeare that the said fifteene vpon the hundred gaine more than in England are but imaginarie if the Exchange for moneys were reformed for let fiue of these Royalls of eight bee bought in England for twentie two shillings and be transported into Holland and there buy commodities with the same which is according as the price of them is inhanced for as the money riseth in price so doth the price of commodities it may fall out the said Merchants should become losers by the commodities so that the same cannot be termed Causa mouens But the Spanish Merchants which cause their Royalls to be sent into Holland or Zealand from Spaine or from the Downes relye wholly vpon the Low-Exchange whereby they are inabled to deliuer there their money by Exchange at an vndervalue at thirtie three shillings foure pence Flemish and vnder for our twentie shillings sterling whereby the Kingdome maketh good vnto them the said fifteen vpon the hundreth consisting betweene the price of fortie two stiuers and fiftie one stiuers which is almost eighteene pro hundreth If the Royall went but for fiftie stiuers according to the valuation so that if the Exchange were made accordingly which would be aboue thirtie seuen shillings six pence this gaine would not be at all and moneys would be imported vnto vs and not exported For the rule is infallable A Maxime in Exchanges That when the Exchange answereth the true value of moneys according to their intrinsicke weight and finenesse and their extrinsicke valuation they are neuer exported because the said gaine is answered by Exchange which is the cause of transportation To make this euident in the Rickx Doller which is the maine and most vsuall coyne in Germanie Eastland the Vnited and Reconciled Low-countreys before their late Proclamations and currant in many other Countreys obserue wee that the said Doller was valued at two markes Lubish A shilling Lubish and a stiuer Flemish was all one 1575. euery marke being sixteene shillings Lubish or sixteene stiuers For in the yeare 1575 the said Rickx Doller was still coyned in the Empire for thirtie two shillings or stiuers and so currant by valuation in the Low-countreys whereby they were all one in denomination and effect But the wars in the Low-countreys hath beene the cause of the inhancing of this Doller which was brought to thirtie fiue stiuers and in the yeare 1586 to fortie fiue stiuers or to fiftie two stiuers now by intermissiue valuations and times Howbeit at Hamborough Stoade and other places in Germanie the said Doller did remaine still at thirtie two shillings Lubish or two markes and as the said Doller did inhance in price so did they in the Low-countreys coyne new stiuers accordingly sometimes lighter in weight A great Fallacie and at other times imbased by Copper or Allay and yet in account the stiuer did and doth remaine the ground of all their moneys but the said Doller holdeth his standard agreeable to the first Doller called the Burgundian Doller with Saint Andrewes Crosse coyned in the yeare 1567 which is in finenesse ten ounces twelue pennie weight of fine Siluer and foure and one halfe of these Dollers were made equiuolent to our twentie shillings sterling as a publike measure betweene vs and the Low-countreys Germanie and other places where this Doller went currant as you may obserue in the precedent Chapters These Dollers haue since beene imitated and made by the States of the Vnited Prouinces in their seuerall Mints altering onely the Armes of the seuerall Prouinces as also by the Arch-Duke Albertus in the reconciled Low Prouinces and the price of them at Hamborough Stoad and other places was but aduanced to one stiuer or shilling Lubish more that is to say at thirtie three shillings Lubish went the same went in the Low-countreys for fortie fiue stiuers which made the diuersitie of the said Par of Exchanges of thirtie three shillings foure pence for the Low-countreys and twentie foure shillings nine pence for Hamborough In the Netherlands being all one in substance This Doller is since that time as I said inhaunced to fiftie two stiuers in the Low-countreys which maketh the price of Exchange aboue thirtie eight shillings or rather thirtie nine shillings and shall the Kingdome suffer this and not alter our price of Exchange accordingly but be contented to take thirtie foure or thirtie fiue shillings and after that rate vndersell all the commodities of the Realme In Germanie This Doller is likewise since that time more inhaunced in Germanie from time to time And leauing the excessiue valuation in remote places let vs note the valuation of Hamborough where it hath beene at fiftie foure stiuers the Doller which maketh the Exchange aboue fortie shillings of their money for our twentie shillings And although we haue raised our price of Exchange from twentie shillings nine pence to thirtie fiue shillings and thereabouts shall we rest here and goe no further Haue we reason to doe it in part and not in the whole according to Iustice Equitie and true Policie and shall we be like a man that by halting in jeast became lame in earnest Absic ignorantia The moneys in Christendome which haue their ebbing and flowing doe shew their operation vpon commodities The course of money and Exchange are contraties in operation maketh by
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
Equitie to be considered of The paying of Customes Impositions Factoridge Portage Carriage and the like charges are much to be respected by them as also the execution of Wills and Testaments The publication of witnesses before them is without delay and no more witnesses are to be examined after the time of few daies limited is expired Sentences of the Prior and Consulls but sentence is immediatly to bee giuen in writing after pronunciation cleerely made by them according to the proofe and allegations vpon paine to be punished by the higher courts and in Fraunce by the court of Parlement vpon reformation of their decrees The manner of this summarie proceeding is so briefe that vpon comming of the parties before them in person or by their Atturnie they are presently to nominate their place of residence or else there is refusall made of their petition or demaund then there is but one delay admitted and in the acknowledgement of bills of debt or obligations there is admitted but one default after which the bill is held as confessed and auileable The authoritie of Prior and Consulls is greater than the authoritie of any Iudges wherein their authoritie is greater than the authoritie of all other Iudges For their said ordinance doth extend but to the adiourning of persons and the said Prior and Consulls vpon one onely default and notice left at the lodging of the offendor may auerre all bills and declare the same to be payable which notice is to be done by the messenger or serieant of the said office by fixing the copie of the demaund vpon the doore if he cannot find the person and by one witnesse or two to be affirmed and hereupon they may seise vpon the parties goods if his bodie be absent and cannot be imprisoned to pay and satisfie their said sentence and decree and thâ— goods by them seised vpon once warning giuen may be sold by them to that end If opposition be made against the seising sale or deliuerie of goods or against the cries or interpositions of decrees or against any other chiefe point where opposition may be admitted justice remaining duely garnished the parties so opposing themselues shall be sent to their Iudge and chiefe men of their prouince to declare before them the causes of their oppositions And if the partie adiourned do offer suretie yet notwithstanding he shall be caused to garnish and lay downe caution and then haue power to call his suretie so that the sentence or iudgement to be giuen shall be against the principall debtor for the principall summe and against the sureties for the charges dammage and interest only and this suretie is lyable after one default also vnlesse he put in a third man for suretie to whom also but one default can be allowed How be it that â—ll delaies are left to the discretion of the Prior and Consuls A diournmeÌ„ts and delaies vâ—ed who will admit none but vpon verie pregnant cause and if they find to haue granted any delay vpon vntrue suggestions they may impose a forfeiture vpon the partie according to their discretions and the qualitie of the cause and persons and in the proceedings there may be two citations and adiournments sometimes vsed by them Inquiries vsed especially vpon inquiries where the witnesses are admitted with the priuitie of the aduerse partie being called thereunto otherwise all the proceedings are of no value The inquiries are to be done within a limited time and may once bee prolonged vpon especiall cause and not otherwise All lawfull proofe must be done before them summarily within three daies without any further protraction vnlesse there be manifest contradiction and that by default thereof they pay the penaltie to be imposed Penalties imposed The like penalties are to be imposed if the parties do produce any friuolous thing in writing for there is alwaies expedition and breuitie intended in all their proceedings The Registers Oâ—â—ice The Register of the said Prior and Consulls is to keepe a little inuentorie of all the writings that shall be produced and shall cause the parties that doth produce them to write their names vpon euery one of them and the said Register is not to take out any coppie of matters of moment out of the Inuentorie of the said writings neither for the one partie nor for the other but onely the cause and the end wherefore the said writings are produced vpon a penaltie c. Câ—arges and daâ—ages to be taxed c. All charges and damages shall be taxed by the Prior and Consuls and be paied or the partie imprisoned not to be released without the consent of the partie And for as much as this course to determine causes is the shortest and most peremptorie of all deuises inuentions and meanes which can be imagined I haue thought conuenient to set downe the French Kings Edict concerning the same as the most compleat An Edict made by the French King concerning the Court and Authoritie of the Prior and Consulls of Roan HENRIE By the grace of GOD King of France To all manner of persons of what estate soeuer greeting As We haue bin heretofore aduertised that Our Citie of Roan is one of the best Cities in all Our Kingdomes by reason of the scituation and aptnesse for all commerce and trafficke where diuers Merchants as well of this Our Realme as of many other Nations doe vsually hold an entercourse of buying and selling for the continuance and propagation of which Trade there hath of late by Our Letters missiue beene erected and established in the same Citie a Common Place for Merchants and their Factors to assemble themselues in twice euerie day at the houres accustomed to dispatch their affaires and negotiations in such manner as is commonly vsed in the Change at Lyons Change at Lyons Bourse of Thoulouze and the Bourse at Thoulouze to the intent that the forraine commodities of other countreys may more readily be transported and exchanged away with those which Our owne bringeth forth Be it therefore knowne to all men That We through our ardent zeale and desire that We carrie to aduance the generall good of Our said Citie of Roan and to augment the common benefit and ease of all Merchants negotiating there and in all things possible to gratifie them that they may not bee distracted and drawne from their affaires and businesses into sundrie courts and jurisdictions by meanes of suites and variances arising at any time about their trafficke by the deliberate aduice of Our priuie Councell together with diuers Noblemen and Princes of Our blood besides other great and honourable personages of Our owne proper motion assured knowledge and regall authoritie haue approoued and confirmed and by these presents doe approue and confirme the making and establishing of the said Common Place in that Our Citie of Roan instantly ratifying the same in all points with the Change of Lyons and Bourse of Thoulouze Willing and ordaining and Our pleasure is That
all Merchants Factors and all others of what Nation soeuer may assemble themselues in the same twice euerie day at the houres accustomed and in their meetings shall freely vse their trafficke and passe their businesse as well by exchange as otherwise not onely in the same place License to exchange but also in any other whatsoeuer within the liberties of Our said Citie of Roan when and where they shall thinke good with all assurance and safetie to their merchandise and withall those priuiledges and liberties which Merchants trading to Our Townes of Lyons and Thoulouze doe enioy and vse according to the grant of Our predecessors Kings of France and of Vs. Furthermore We will and ordaine That the Merchants of the said Towne of Roan frequenting the same place shall euerie yeare cause a societie of Merchants to bee in the lodge of the said Bourse or in any other place in the said Citie and at such time as they shall thinke good in which meeting they shall chuse out of the said number three officers viz. A Prior and two Consulls to remaine â—n their authoritie for one yeare and so yearely to bee changed and there new to bee elected according to the ordinarie forme of most voyces Indifferent election not onely the Merchants of the Citie of Roan but also the Merchant strangers being to be present and assistant in the said election which election and nomination being fully ended the said Prior aâ—d Consulls shall haue present power in them to take knowledge to giue judgement betweene all men of what estate qualitie or condition soeuer they be of all suits controuersies and differences touching matters of merchandising or buying and selling in such manner as the Conseruator of the Faire at Lyons and the Prior and Consulls at Thoulouze doe as well for Obligations Bills of Debt Receits Blankes signed Bills of Exchange Generall and particular associations answeres by sureties associations of Merchants either generall or particular assurances accounts transportations bargaines and partenerships for matters aforesaid or any thing belonging therevnto with as full strength and according to the iudgements and condemnations of the said Conseruators of Lyons and the Prior and Consulls of Thoulouze And that the judgements and sentences decrees and ordinances commissions and commandements of the said Prior and Consulls of Roan by speeches prouisions or definitiues shall stand in as much force and effect for any matter judicially determined as those causes which the Conseruator of Lyons and Prior and Consulls of Thoulouze and others of Our Iudges doe decide And the same shall be executed by Our Serieants and Officers in such manner and forme as they are in their behalfe aboue named either by committing to prison The manner of executions or by inflicting seuere punishment if it bee so decreed and ordained and to that end shall Our Messengers and Officers bee bound to performe the executions Our Gaolers and Keepers of Our prisons shall likewise be bound to receiue and keepe all such prisoners in such manner as if they were committed vnto them by Our abouesaid Iudges and with the like bond and penaltâ—â— if any escape happen as they be bound to keepe the prisoners by the authoritie of the said Iudges For so We haue enioyned and doe enioyne Our Messengers and other Officers Gaolers and Keepers of prisons vpon such penalties as the case shall require and according as by the said Prior and Consulls shall bee set downe and declared without any default according as the offence committed shall require Moreouer Wee haue permitted and doe permit Our said Prior and Consulls to take vnto them 20 of the said Merchants or more or lesse as they shall thinke reasonable to assist them in their proceeding and judgements in causes of Merchandise Bills of Exchange Ayde in their execution assurances and differences as aforesaid and to cause to be executed their sentences judgements and ordinances of pawnes and consignements prouisions seizing of goods and all their other condemnations sentences or appointments to proceed therein by cries proclamations giuing notice to themselues or leauing notice at their houses by proofe sales dipositings deliueries and execution definitiue as the case shall require Likewise We giue them power to direct the same processe Summarie proceedings and to proceed therein according to their ordinances as well in matters summarily as by prouision as acknowledgement of Bills subscriptions and Bills of exchange And the like in acts of Pawnes and Consignements by one onely fault duely proued by summoning the person at his house or fixing there a copie of the commission or processe in all places where it is lawfull to be done And touching other matters where two defaults shall be made or summoned in person they shall proceed obserue and keepe the course according to the Kings ordinances And for all matters wherein they shall giue sentence of execution according to their knowledge Wee will and doe permit them as aforesaid to cause the execution to passe in all places of Our Court of Parlement at Roan and in all other places of Our Kingdome where need shall require without any disturbance or let to be done by any of Our Iudges Iustices or Officers either against them or their deputies neither shall they let or hinder any summons or arrest exploit or assignement to be done before them And to giue their assistance in all causes appertaining to their knowledge touching matter of trafficke and all things therunto belonging against all merchants trading in Our said Citie of Roan and as touching their Factors dealers and intermedlers of what qualitie soeuer they be sent by them into diuers Countreys Regions and Prouinces as well within as without Our Kingdome Countreys and dominions vnder Our obeysance for the cause of trafficke merchandising and doing of businesse and all other things thereunto belonging Wee will and ordaine Constraint to bring their Caâ—â— les c. That they may bee constrained to bring their causes and proofe for all matters aforesaid before the said Prior and Consulls for the time being or that shall heereafter execute these offices bee it either for the rendring of account and satisfaction of part or of whole or condemnations in penalties or other condemnations for amends for trespasses and of all other things that shall be requisite concerning and belonging to the trade of merchandise according as they shall deserue whereof Wee haue permitted them and doe giue them power to vse the forme euen as the said Conseruator at Lyons Prior and Consuls of Thoulouze and other Our Iudges doe And to cause execution to be serued on the offendors either by arrest attachment of goods and sale thereof or by imprisonment of the parties condemned Prohibition to other Iudges euen as they shall thinke good inhibiting all Our Iudges to presume to take knowledge of any matter or plea thereunto belonging which Our command Wee will bee notified vnto them and vnto whom it shall
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