5400 Geometricall Miles or 21600 ordinarie Miles But whereas the Miles in all Kingdomes and Countries and almost in euerie Prouince or Shire doe differ I haue thought conuenient to admit one measure of one million of Acres of ground to measure the whole Globe therby according to the Map which is not only intelligible vnto al men but al merchants also may haue vse hereof For by the number of the millions of Acres comparing one Kingdome vnto another or one Countrie vnto another Countrie they may know the bignesse and spaciousnesse thereof which we haue particularly obserued in Europe with a distinction also of the Dominion of Princes in these seuerall Countries knowne by the name France Italy Germany and others which many times falleth into consideration vpon singular occasions This Globe of the world is diuided to be two third parts Water or Seas and one third part Land and of this Land there is one third part not inhabited and the other two third parts are as followeth The whole Circumference by the aforesaid measure is 19 803 575000 which is 29 milliars 803 millions 575 thousand Acres and the milliar is tenne hundreth millions A Milliar is ten hundreth Millions So the ⅔ part water is 19 milliars 869 millions and 50 thousand acres of ground answerable and the other part third is 9 milliars 934 millions 525000 acres Hereof deduct ⅓ part not inhabited which is 3 milliars 311 millions 508 thousand acres So rest 6 milliars 623 millions 17 thousand acres of land inhabited whereof followeth a particular distribution First for Europe or Christendome England containeth 29 millions 568 thousand acres Scotland containeth 14 millions 432 thousand acres Ireland containeth 18 millions So these three Kingdoms with all their dominions of lands and Ilands adiacent vnder the Diademe of King Iames containe 62 millions of acres of ground c. England is by this computation accordingly with the dominion of Wales and all Islands thereunto belonging the thousand part of the whole Globe or the 222 part of the earth inhabited or the 333 part of the whole earth and Scotland may be full the one halfe of this computation that is the 444 part of the earth inhabited or the 666 part of the whole earth and the Monarchie of great Brittaine and the Kingdome of Ireland is the 480 part of the whole Globe vnnecessarie fractions in cypher omitted The bodie of the Sunne is 166 times bigger than the whole Globe of the world and so accordingly for the seas and earth as aforesaid The 17 Prouinces of the Low-countries Containe 10 millions 797 thousand acres whereof The reconciled prouinces with Spaine containe 7 millions 197 thousand acres The vnited prouinces vnder the States containe 3 millions 599 thousand acres The Kingdome of France diuided into 32 prouinces containeth in all 82 millions 879 thousand acres The kingdomes of Spaine being eight in number containe as followeth   m. Castile 25 Millions 730. Andalusia 2 millions 425 Granado 2 millions 128 Nauarre 1 million 458 Leon galisia 9 millions 124 Arragon 13 millions 104 Biscaye 3 millions 412 Portugal 10 millions 154 In all containing 67 millions 535 thousand acres ITALIA Vnder Spaine   m. Naples 11 millions 704 Lombardie 1 million 640 Vnder Venice   m. Treuisana 2 millions 584 Verona 0 millions 480 Frioul 1 million 047 Mantua 0 millions 480 Vnder Rome   m. Liguria 1 million 415 Romagnia 1 million 085 Latium 0 millions 480 Hetruria 0 millions 540 Sauoy 1 million 910 Piedmont 1 million 160 Toscana c. 4 millions 785 Suria and Florence 480 Marca 1 million 412 Ancona Parma 0 millions 885 Sicilia 3 millions 113 Cypres 1 million 601 Candia 2 millions 060 Corsica 1 million 395 Sardegna 4 millions 089 Containing in all 44 millions 257 thousand acres GERMANIA   m. Saxonia 3 millions 484 Misina 3 millions 249 Turnigia 1 million 093 Lusatia 2 millions 572 Bauaria 3 millions 249 Helsatia 3 millions 644 Heluetia 12 millions 328 Basle 0 millions 842 Swebourgh 2 millions 109 Salsbourgh 1 million 063 Trier Ments 4 mill 237 Spiers Strasbourgh and Wormes Iuliers 0 millions 348 Cleaue 0 millions 258 Westphalia 2 millions 300 Osnab 0 millions 358 Silesia 5 millions 706 Bohemia 7 millions 024 Austria 6 millions 121 Morauia 4 millions 114 Pomerania 3 millions 249 Brandenbourgh 6 millions 208 Machalbourgh 2 millions 107 Franconia 6 millions 361 Tiroll 3 millions 249 Carinthia 1 million 588 Stiria 1 million 779 Palantine Rhene 4 millions 361 Wirtenborgh 1 million 223 Embden 0 millions 230 Oldenbourgh 0 millions 449 Liege 0 millions 548 Coloigne 0 millions 215 Containing in all 95 millions 646 thousand acres Prussia 10 millions 240 thousand acres   m. Russia 9 millions 607 Volhimia 5 millions 762 Massouia 1 million 916 Liuonia 34 millions 115 Poland 19 millions 205 Heretofore named Polonia containing in all 80 millions m. 845. DENMARKE   m. Denmarke 10 millions 426 Norway 28 millions 492 Holsten 1 million 065 Ditinars 0 million 337 Containing in all 40 millions 326 thousand acres SVVETHEN Sweathen 57 millions 430 thousand acres Finland 7 millions 531 thousand Gothia 20 millions 936 thousand Containing in all 85 millions 897 thousand acres Part of Russiia or Moscouia and Situam vnder Europe 232 millions 558 thousand acres so that whole Europe or Christendome doth but containe 802 millions 740 thousand acres EVROPE which is not the 12 part of the whole earth Hungarie Dalmatia Transyluania and all Turkie 385 mill m. 367. Moscouiae Pars 128 millions 817 thousand acres Tartaria 299 millions 110 thousand ASIA Persia 385 millions 367 thousand Calicut and East-India 587 millions 200 thousand acres Africa containeth 1541 millions 883 thousand acres AFRICA America containeth 1152 millions 400 thousand acres AMERICA Noua Hispania 1349 millions 133 thousand acres Summa totalis of the inhabited parts of the World six Milliars six hundreth and twentie three Millions and seuen tenne thousand Acres of Land Vt supra THE vse of this description to know the bignesse of one Countrey compared vnto another Countrey is for example England containeth twentie nine Measures and odde Bohemia containing seuen Measures and odde is the fourth part of England or thereabouts The seuenteene Prouinces of the Low Countryes being tenne Measures and odde is the third part of England or thereabouts The Monarchy of Great Brittaine being fortie foure Measures and odd is as big as all Italy and the fiue Ilands of Sicilia Cyprus Candia Corsica and Sardignia and is also more populous And so for all other Countryes insomuch that England onely containing twentie nine of those Measures or Millions 568 thousand Acres of ground if wee deduct the fiue Millions and 568 thousand Acres for wilde waste grounds and High-wayes One penny an Acre is one hundred thousand pounds in England there will remain foure and twentie Millions of Acres which at one penny an Acre amounteth to one hundreth thousand pounds a
company who doe for that dispose of the dead bodie putting the same into the Sea When any goods or merchandises are deliuered vnto the Master or his Clearke the Purser of the Shippe and laid within boord or to the Ships side both wayes is at the Masters perill But the Master is not bound to answere for such things as are put in his Ship without his and his companies knowledge Ignorance is here a good excuse because where men are found ignorant they are also esteemed not to consent But if the Merchant or Passenger keepe his goods by himselfe as monies or such things in his Coffers and then find fault to haue lost them then the Master and Company are to purge themselues by their oath but if afterwards notwithstanding they be found guiltie the denier shall pay the double and also be punished for periurie The Master is lyable for all damages sustained by bad Hookes Ropes Blockes or Lines if the Mariners doe giue notice of it and they shall beare their parts in the damage and so is he also to answere any dammage happening by vnreasonable stowing or breaking of goods and therein he and his companie may be put to their oath Further whatsoeuer shall happen through fault negligence or chance which might be auoided or if it bee done by the passengers or other than himselfe and his companie the Master is answerable If by the Masters default confiscation of goods or other damages happens for non-payment of Custome Law of Oleron or false Bills of entries in the Custome-house for goods or for transporting of vnlawfull goods the Master shall answere for the same with the interest But concerning the suing for the said goods the Master may well doe it as the Merchant may pursue for spoyled goods And notwithstanding if it shall bee found that the Merchant is in any fault concerning the goods as aforesaid then if the Master and foure of his companie Mariners sweare no fault to haue beene in them the Master shall be cleared thereby The Master is to keepe his companie in peace and if any Mariner shall be hurt in doing seruice or by his companion the Master shall cause him to be healed as hee who is onely answerable for the fact within shipboord and then by his authoritie recouer from the other Mariner the charges and any thing that the hurt man hath lost thereby except that hee who is hurt or lamed haue prouoked the other by euident assault or stroakes And if a Mariner fall sicke the Master shall cause him to bee laid in a house with all sustentation necessarie and vsuall in the Ship but shall not stay the Ship vntill hee bee healed and when hee recouers health shall giue him his hyre or if hee dye shall giue it to the wife or neerest friends But if a Mariner bee not hurt in the Ships seruice the Master shall hyre another in his place who if hee haue a greater hyre that Mariner then shall recouer the surplus And alwayes the Master ought to lend his Mariners if they want If through the Masters fault the Shipboat perish with any Mariners in it by spoyled Ropes or otherwise then shall the Master pay one whole yeares hire to the heires of the drowned Item he ought to giue his Mariners Flesh vpon Sunday Tuesday and Thursday and vpon other dayes Fish or such like with sufficient drinke but no meat to them that sleepes not in the Ship Neuerthelesse the qualitie and quantitie of Mariners food and hires goeth diuersly according to the diuers Customes of Countries and the conditions made with them at the entring of the voyage whereof remembrance is to be kept to auoid discords which are more dangerous on the Seas than on Land CHAP. XXIII Of the Duties and Priuiledges of Mariners ACcording to the Law of Oleron Mariners owe all due obedience to the Master not onely in flying from him in his wrath so farre as they can but also in suffering yet may they after one stroake defend themselues In case of rebellion of Mariners against their Master which is thought then to be done when the Master hath thrice lifted the Towell from before any Mariner and yet he submits not himselfe then may hee not onely bee commanded forth of the Ship at the first land but also if hee make open strife and debate against the Master hee shall lose his halfe hire with all the goods he hath within shipboord But if in this strife a Mariner vseth any armour or weapons then should the rest of the Mariners bind him imprison him and present him to the Iustice so that if any refuse to assist hee shall lose his hire and all things he hath within shipboord Yea in case any number of the Mariners would conspire and force the Master to passe to any other Port than to the which he was fraighted they may bee accused criminally and punished as for a capitall crime And yet if a rebellious Mariner repent in time and offer amends for a simple rebellion and the Master notwithstanding refuse he may follow the Ship and obtaine his hire Mariners ought each one to helpe and assist others on the Seas or else he that refuseth loseth his hire and the oath of his fellowes shall be a proofe against him Mariners in a strange Port should not leaue the Ship without the Masters licence or fastning her with foure ropes or else the losse fals vpon them They are also to attend the Ship vntill shee be discharged and ballasted new and the Tackle taken downe And if a Mariner during the time of her discharge and lading labour not with the rest of the companie but goeth idle and absents himselfe hee shall pay a fine to the rest of the companie pro rata In a strange Countrey the one halfe of the company at the least ought to remaine on shipboord and the rest who goe on land should keepe sobrietie and abstaine from suspected places or else should be punished in bodie and purse like as he who absents himselfe when the Ship is readie to sayle yea if he giue out himselfe worthier than he is in his calling hee shall lose his hire halfe to the Admirall and the other halfe to the Master But this especially ought to be executed against an vnworthy Pilot. The Mariner also forfeits his hire if the Ship breake in any part and hee helpe not with all his diligence to saue the goods If it chance otherwise than well with the Master the Mariners are then holden to bring backe the Ship to the Port from whence shee was fraighted without delay except it bee otherwise prouided A Mariner may carrie as much meat out of the Ship as hee may eat at a meale but no drinke A Mariner may keepe either his portage in his owne hands or put forth the same for fraight and yet the Ship shall not stay vpon the lading of his portage so that in case the Ship be fully laden before the goods for his
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
and many dangers preuented And so euerie Ship in euerie such voyage may gaine quickely one hundred pounds that vsually carrie in her but twentie men more than now they doe by leauing of foure men there of twentie And as the proportion before named holds for leauing sixe men in New-found-land of thirtie so the allowing of men to be made proportionably fro euerie Ship An easie way for plantation will soone raise many people to be settled in euerie harbour where our Nation vseth to fish and in other harbours in other Countries in like manner some Ships by this course may then quickely gaine two hundred pound and some 300 ll and more according to their greatnesse more than they doe yearely now and those men so left will manure land for Corne saw boords and fit timber to bee transported from thence and search out for diuers commodities in the countrie which as yet lie vndiscouered and by such meanes the land will bee in little time fitly peopled with diuers poore handycrafts men that may bee so commodiously carried thither with their wiues and that no man else should appropriate to himselfe any such certaine place and commoditie for his fishing voyage except hee will in such manner settle a fifth part of his companie there to liue And then such aduenturers thither will carefully prouide yearely for such as they leaue there not onely for bread and victualls but likewise for all necessarie tooles fit for any kind of husbandrie And the charge thereof will yearely repay it selfe with the benefit of their labours that shall bee so left there with great aduantage By this meanes will shipping increase men be imployed and two voyages may be made yearely and much victuall saued for the allowance of victuall to maintaine sixe men to carrie them and recarrie them outwards and homewards is sixe Hogsheads of Beere and sixe hundred weight of Bread besides Beefe and other prouision which men as they sayle too and fro as now they vse doe little good or any seruice at all but pester the Ship in which they are with their Bread Beere Water Wood Victuall Fish Chests and diuers other trumperies that euery such sixe men doe cumber the Ship withall yearely from thence which men are to be accounted vnnecessary persons returning yearely from thence But being left in the countrey in manner aforesaid the places of these Ships which by them should haue been preoccupied may be filled vp yearely with good fish and many beneficiall commodities and the men so left in the countrey will not only be free from the perils of the Seas by not returning yearely but will liue there very pleasantly and if they be industrious people gaine twice as much in the absence of the Ships more than twelue men shall be able to benefit their masters that are kept vpon Farmes The fertilitie of New-found-land and that yearely for the fertilitie of the soile is admirable replenished with seuerall wholesome fruits hearbs flowers and corne yeelding great increase the store of Deere of Land-fowle and Water-fowle is rare and of great consequence as also many sorts of timber there growing with great hope of Mines and making of Yron and Pitch Furres may be procured not onely by taking the beasts but by setling in processe of time a traffick with the Sauages for their Furres of Beuer Martins Seale Otters many other things Finally the rocks and mountaines are good for seeds rootes and vines and the Climate is temperate seeing the greatest part thereof lieth aboue three degrees neerer to the South than any part of England doth which hath also mooued mee to write the said commendations of New-found-land by the affirmation made vnto me by the said Captain to the end all Merchants might further this intended Plantation whereby the fishing trade may bee much aduanced and the fish it selfe become more vendible which shall bee prepared by the inhabitants of the persons to be left there For it is well approoued by all those that yearely fish for Herrings Salt boyled to preâ—erue fish Cod and Ling that Salt orderly boyled doth much better preserue fish and keepeth more delightfuller in taste and better for mans bodie than that fish which is preserued with any other kind of Salt as in now done for want of conuenient houses to boile prepare the same yet may be done by the said Plantation But this being a matter depending thereupon I am now to intreate of the fishing trade more in particular in the next Chapter ending thus concerning Plantations whereby Princes dominions are enlarged for their honor and benefit also CHAP. XLVII Of the Fishing Trade SOme men may wonder and not without iust cause That this most important argument of Fishing hath not beene handled hitherto But in truth my meaning was not to haue touched the same because of the neglect of it in the Kingdomes of Great Brittaine and Ireland where the same is abandoned vnto other Nations howbeit vpon better consideration calling many things to mind I found that it would haue beene a great error to passe ouer the same with silence and to omit the Customes of Merchants therein as the fundamentall cause of the trafficke and trade of diuers Nations whose great wealth hath proceeded from the same For it hath pleased almightie God to extend his blessings herein more than in all other things created For when God said to the earth Let it bring forth Trees and Plants Gen. 1.2 c. 22 â— and for Fowles created out of the Sea Let the Fowle flie in the open firmament and of Cattle Let the earth bring foorth the liuing thing according to his kind He saith of Fishes in a peculiar phrase Let the waters bring foorth in aboundance euery thing that hath life and willed them to increase and multiply and to fill the waters which was the cause that the Prophet Dauid being rauished with admiration saith O Lord how manifold are thy workes Psal. 104. in wisedome hast thou made them all and the earth is full of thy riches so is the great and wide sea also wherein are things creeping innumerable both small and great beasts The earth is full but in the sea are innumerable Of the beasts of the earth the learned haue obserued Scaliger Bodin Caâ—dan and others That there be scarse 120 seuerall kinds and not much more of the fowlâ—s of the ayre but no man can reckon the seuerall kindes of the creatures of the seas or can number any one kind This ought to stirre vs vp to establish the fishing trade especially for Herrings Cod and Ling which tooke his originall from vs for it is not much aboue one hundreth yeares since that one Violet Stephens Originall of the fishing Trade and other discontented Fishmongers departed the Realme of England and went into Holland to the Towne of Enchusen where they procured the inhabitants to fish for them in the seas streames and dominions of Great Brittaine which inhabitants
a regard to the qualitie of persons was duely obserued albeit the lender of the money could haue taken more when the borrower would giue it to serue his occasions without this precise obseruation of the qualitie of persons A matter considerable now adayes since the West-Indies haue beene discouered whereby the currant of moneys is diuided into many countreys and runneth also according to occasions and the Policie of States and Merchants Difference of the rate of Vsurie For the tolleration and permission to deliuer money at Interest doth differ in the rate in most countreys taking in one place more and in another lesse according to the trafficke and Merchants deuises A Policie by plentie of money In Poland Lituania Prussia and other countries adiacent when they do abound in corne money is commonly verie scarce and the price of corne thereby much abated at which time they will rather tollerate or proclaime the moneys to be inhanced in price or to be deliuered at interest after fifteene twentie and sometimes twentie and fiue vpon the hundreth for a yeare or a lesser time hereupon presently great store of money commeth from all places thither which maketh the price of money to rise Afterwards when many ships are laden and the fleet departed from Amsterdam and other places then the interest beginneth to fall accordingly In the Low-countries it is lawfull for a Merchant to take twelue vpon the hundreth for the yeare and after the rate for the longer or shorter time within the yeare But this rate may not be exceeded vnlesse it be vpon some conditions of casualties or aduenture The Romanes and Grecians made a difference as hath beene noted according to the law of Iustinian But the taking of one in the moneth was most vsuall because Merchants were the most lenders And this twelue pro centum is to be vnderstood also to be Interest vpon Interest wherein equitie is to be obserued Interest vpon Interest for this twelue pounds being deliuered out againe vnto another is pro rata as beneficiall as the 100 ll principall Albeit in case of damage when matters between men are growne litigious and depending in suits then the courts of Equitie will account the whole time for the forbearance of the money according to the yeres past without any Interest vpon Interest Polititians or states-men are to haue a serious consideration of the operation of this Vsurie politicke Vsurie a measure of mens actions as a propertie inherent vnto money because that according to the rate of Vsurie men do measure all their actions by trade and trafficke or purchase build plant and bargaine in all things accordingly And vsurie is so inherent and doth properly grow with the decay of trafficke The decay of trade increaseth Vsurie as pasturage doth increase with the decrease of tilling Whereupon the following considerations are to be handled as matters of moment especially in kingdomes and common-weales which haue no gold or siluer mines of great value but aboundance of forreine commodities returned for the great plentie and quantitie of their home commodities wherein the high continuall rate of Vsurie may proue more preiudiciall than the abouesaid policie of Poland Lituania or other countries can be beneficiall vnto them For we see that generally all Merchants when they haue gotten any great wealth with vs leaue trading and fall to Vsurie the gaine whereof is easie certaine and great whereas in other countries Merchants continue from generation to generation to inrich themselues and the state as we find diuers renowned families in Germanie Italie Spaine and other countries There was this last yeare a Tract against Vsurie presented to the high Court of Parliament of England Anno 1621. shewing the inconuenience of the high rate of Vsurie after tenne in the hundreth in comparison of the lesser rate of sixe in the hundreth taken in the Low-countries where money is so plentifull and vpon this difference is a certaine operation of Vsurie noted to be predominant ouer vs both in our trade and other affaires First it is alledged that by reason of the high rate of Vsurie Reasons against the high rates of Vsurie not onely rich trades-men giue ouer trade but a number of beginners are vndone and discouraged thereby their industrie seruing but to inrich others and begger themselues Secondly that many trades thēselues are decayed thereby because they cannot affoord so great a gaine as ten in the hundreth whereas if the rate of Vsurie were no higher than in other countries they had subsisted and flourished still and perhaps with as much aduantage to the publicke as those that do bring more to the priuate aduentures which ought to go together or else the common good of the State is seldome greatly aduanced Thirdly that by this disaduantage betweene six and ten in the hundreth other nations and especially our industrious neighbours do out trade and vndersell vs for they almost double the vse allowed which we cannot by paying ten in the hundreth wherby also all contributions to the war works of pietie and glorie of State are better cheape to them than to vs as also the buildings of ships or hiring of them and all other things Fourthly that aboue all the rest it maketh the land it selfe of smal value causing the same to be sold so good cheape that men doe not seeke by industrie any more to improue them which is plaine both by example and demonstration For we see in other countries where the vse of money is at a low rate lands are generally sold for thirtie fortie and some for fiftie yeares purchase being the best assurance and securest inheritance which men haue and therefore bearing still a rate aboue money which would increase if the rate of Vsurie did decrease and consequently labourers wages and other dependances thereupon which are therein more amplie declared the scope of all tending to haue a moderation in the price of Vsurie Obiections to the moderation of the rate of Vsurie Hereunto are certaine obiections also alledged and their answeres to maintaine the rate of Vsurie at ten in the hundreth with vs in England albeit other nations take but foure fiue and six in the hundreth or 6 ¼ which is called rent after the pennie sixteene for sixe times sixteene and one fourth maketh a hundreth after the manner of the Low-countries The obiections are few in number First The long continuance of ten in the hundreth and things are well enough Secondly That sodaine changes are dangerous Thirdly That money will sodenly be called in and the borrowers be much preiudiced Fourthly That money will be harder to come by and commerce much hindered And lastly That Merchant Strangers money now going here at vse will be carried away againe if the rate of Vsurie should be called downe Answere to the obiections The answere to the first and second obiection is That the practise of Vsurie hath not beene so generally vsed as it is now when mens
plantation of people and new discoueries 234 47 Of the fishing trade 241 The Contents of the second part of Lex Mercatoria concerning Moneys compared to the Soule of Trafficke 1 OF the essence or existence of Mettalls 255 2 Of Mines Royall 259 3 Of mines and mineralls 268 4 Of the profitable working of mines 272 5 Of the nature of gold siluer and copper and of the moneys made thereof 274 6 Of the officers of mints 279 7 Of the assaies of bâ—llion and moneys 284 8 Of the weight and finenesse of moneys and their seuerall standards 291 9 Of the valuation of moneys and the proportion betweene gold and â—iluer 307 10 Of the lawes and prohibitions against vsurie 235 11 Of vsurie politicke and moneys deliuered at interest 329 12 Of intollerable Vsurie and Lombards 337 13 Of Mons pietatis or Bankes of charitie 341 14 Of the true calculation of moneys at interest 345 15 Of vsurious Contracts 349 16 Of lawfull Bargaines and Contracts 352 17 Of the vniuersall and perpetuall princely contract of commerce 354 18 Of moneys deliuered vpon liues annuities and pensions 358 19 Of the denomination and diuision of moneys of diuers countries 360 20 Of Merchants accounts kept by Debitor and Creditor 362 The contents of the third part of Lex Mercatoria concerning Exchanges for Moneys by Bills of Exchanges compared to the spirit or facultie of the Soule of Trafficke 1 OF the beginning of the Exchange for moneys by bills of Exchanges 378 2 Of the true calculation of moneys in exchange by bills according to par pro pari 382 3 Of the denomination of the imâ—ginarie moneys of all places whereupon Exchanges are made by bills of Exchanges 386 4 Of the times of paiment of moneys by exchange and the termes of art vsed therein 391 5 Of the nature of bills of Exchanges 393 6 Of the non-acceptation of bills of Exchanges and the customes obserued concerning the same 398 7 Of Notaries Intimations and Protests 401 8 Of reciprocall or double Exchanges 404 9 Of the feates of bankers performed by Exchanges 408 10 Of the true reformation of Exchanges 413 11 Of Attachments and Arrests 424 12 Of Sequestrations and Executions 428 13 Of denization and naturalization of Merchants 439 14 Of the determination of sea-faring causes 443 15 Of Arbitrators and their awards 447 16 Of the Merchants courts or office of Prior and Consulls 451 17 Of the Lawes of seuerall countries whereby the differences and controuersies of Merchants are determined 460 18 Three Paradoxes alluding to the three essentiall parts of trafficke 477 19 The due commendation of naturall Mother Wit 491 20 Of the ancient gouernment of the Staple 495 A conclusion to the juditious Reader 499 AN INDVCTION TO LEX MERCATORIA OR THE LAW MERCHANT AND THE ANTIQVITIE THEREOF CHAP. I. WHen Almightie God had created man good and a sociable creature who could not so well liue alone as other creatures sufficiently prouided by nature for their sustenance and had reason assigned and giuen vnto him aboue all the said creatures yet all the meanes and faculties of his bodie and soule were not sufficient to make him happie whilest he was alone But necessitie did require a concourse of men helping one another to supplie with a common strength the said weakenesse for the burden of the said necessitie was so weightie and great that one man alone was not able to manage the same Then it came to passe that by mutuall contribution of offices euerie man did afford means according to his abilitie for the common good so that those which were of a strong bodie did emploie their labour to get liuing and maintenance for themselues and others And those which were endued with the best part of the soule as Vnderstanding and Reason did vndertake the most important matters teaching men how to liue well and informing them of their felicitie which they iudged chiefely to consist in vertuous actions endeauouring to make impression in the soule of man of certaine good lawes for the obseruation thereof with a reference of them to the first law engraffed in the soule of man as a part of that diuine light which was infused in him to know in some measure of perfection the good and euill Called by the Grecians Synderisis and accordingly to receiue reward or punishment As for the other and better part of informing and guiding the thoughts and affections of men to a supernaturall end that as surpassing the compasse of that lower spheare wherein I now moue must be left vntouched by me who here take for my obiect not the spirituall but the ciuill life of man and the meanes thereto conducing Touching therefore the externall part The mutuall contribution of offices amongst men hath from the beginning continued both in labouring and manuring the naturall riches of the lands in corne and pasturage as in the immediate children of our first father Adam and in planting Vines and making an extract of the iuyce of the fruit of them as Noah Which riches in matter and foundation naturall and partly also in alteration and managing artificially euery possessor not long after the beginning of the world seuerally inioyed in propertie and hence did proceed a commerce first in reall enterchange and communication of things of the same or other kinds but all naturall commodities as sheepe for sheepe sheepe for corne wine for oyle c. betweene man and man or nations and nations according to number weight and measure and after to auoid confusion by a commune pignus currant mutuall which we call money both by way of merchandizing Gen. the most ancient euidence hereof is Abrahams purchasing for money a field for buriall The obseruation and customes whereof was the beginning of the Law-Merchant and that especially when mankind was propagated into an infinite number and the domestiques or neere hand commodities were not sufficient for their sustenance in some countries and in other countries were ouer aboundant Then of necessitie followed the vse of trusting exchanging and trading first on the Land in the maine Continent and then extensiuely vpon the Seas both for fishing and negotiation Then did merchants trauell from countrey to countrey So in the dayes of the Patriarke Iacob Gen 37.27 did the merchants Madianits in their iourney meete with the children of Iacob and then Ioseph was carried by their meanes into Egypt and sold to Potipher for the good of his father and all his family And then it was and proued to be true which experience hath confirmed that Vita ciculis in societate posita est The Law-merchant a most antient law societas autem in imperio commercio So that it plainely appeareth that the Law Merchant may well be as ancient as any humane Law and more ancient than any written Law The very morall Law it selfe as written by Moses was long after the customary Law of Merchants which hath so continued and beene daily augmented successiuely vpon new
Sillimanus Accursius Franciscus Aretinus Grisogonus Lotharius Iulianus and diuers other doctors and learned of the ciuile Law haue made many long discourses and volumes of bookes of the questionable matters fallne out amongst Merchants for and concerning merchandise Booke cases of the Law-Merchant which are yearely obseruations or booke cases and precedents by the reading whereof Merchants are like rather to metamorphise their prosession and become lawyers than truely to attaine to the particuler knowledge of the said Customes or Law-merchant For they haue armed questions and disputations full of quillets and distinctions ouer-curious and precise and many of them to small purpose full of Apicis iuris Apicis iuris what they are which themselues haue noted to bee subtilties saying Apicis iuris sâ—nt quae subtilitatem quandam respiciunt magis quam facti veritaetem They doe more regard certaine subtilties than the trueth of the fact or matter As for example To define Quid sâ—â— Mercator what a Merchant is Quidue Mercatura what Merchandising is Whether he is a Merchant that doth once buy and sell Wherher merchandising and negotiating be one and the same Whether an vsurer be a Merchant Whether selling by retaile shall be called merchandising Whether a Clergie man or a Gentleman dealing in buying and selling shall be called a Merchant in any controuersie Wherein a Merchant may be like an vsurer Whether a man buying commodities in groâ—â—e and working the same out againe into other things to be vented by an ordinarie course of trafficke be a Merchant artificer or trades-man Whether a seller of horses may be called a Merchant Whether a shop-keeper trading beyond the seas and at home be a Merchant Whether a Merchant shall be called to be a Merchant of one kind of commodities that dealeth for diuers sorts of merchandises or wares Whether he bee a Merchant that dealeth not for himselfe but others negotiate for him Or whether a young man dwelling with a Merchant may be a Merchant And other the like questions which I hold to be vnnecessarie to trouble Merchants braines withall The definition of a Merchant is to be noted Definition of a merchant For he that continually dealeth in buying and selling of commodities or by way of permutation of wares both at home and abroad in forreine parts is a Merchant Next in order Conditis numeri pâ—tioris 〈◊〉 maiâ—ris the conditions and properties which a merchant ought to haue are to be considered namely to be without fraud and deceit in his buying and selling of commodities and to keepe faith with all men Hereupon questions are made whether a merchant may trafficke with Turkes Heathens Barbarians and Infidels and performe promise with them whether a merchant may sell his commodities as deere as he can without respect of persons whether he may vse lyes as being officious in the selling of commodities Caueat emptor whether he may be craftie without deceit whether learning bee requisite in a merchant whether he may deale in prohibited commodities at his apperill whether a merchant buying commodities and selling them better cheape than they cost him shall be held in suspition to be neere decaying and the like of him that taketh vp much mony at interest The continuance of a merchant The said Ciuilians haue also determined how long a merchant is to be so called which is either when he breaketh or giueth ouer to deale in merchandise or when he is prohibited to deale for offences committed And hereunto they adde a declaration of such as may trade and by the contrarie thereof is to bee vnderstood who may not trade Persons exempted to bee merchants viz. Clergie men Noblemen Gentlemen Souldiors Counsellors at the laws both Ecclesiasticall and Temporall publicke officers and magistrates franticke persons and mad men youthes vnder yeares orphanes lunatickes and fooles all these are exempted to be merchants But sonnes and seruants may deale in merchandise with their fathers and masters What merchandise is fit for trade Lastly they haue obserued That merchandise is properly to bee made of all moueable things excepting holie things and prohibited wares or munition to bee carried vnto infidels or enemies All which determinations can giue but little satisfaction to instruct merchants Merchandise two fold Plato saieth That merchandise is two fold namely ad victum vestitum of things for the backe and for the bellie as belonging to the bodie of man and of things concerning the mind of man as learning of musicke and other arts bought for money and sold againe to others for money and this distinction is in regard of man but farre from that matter of trafficke and commerce which is comprehended vnder Commutatiue iustice whereof Cicero speaketh Let vs therefore set downe what a compleate merchant ought to know concerning the course of merchandising and withall declare the methode obserued in this booke of the Law of Merchants The methode of this booke 1. A merchant ought first to know the science of Arithmeticke and to obserue the daies and times in all his negotiations and the beginnings of the yeare in all countries and to calculate all things orderly 2. The seuerall weights and measures of all countries concerning all commodities and the correspondence of them that there may be to him in effect but vnum pondus vna mensura that is one weight and one measure 3. The science of Geometry and some inspection of Cosmography and the Mathematickes thereby to know the scituation of countries with their distance and spaciousnesse and the distinct dominions of Princes by land and by sea with their iurisdiction and duties for fishing and otherwise 4. To know the three Essential parts of traffick being Commodities Money and Exchange for money by Billes of exchanges vnder which all the traffique and trade is performed in all countries or by some of them because they are the causes of commerce whereof the effects are buying and selling of commodities receiuing and paying of monyes and deliuering and taking of monyes by exchange with their Adiuncts and Accidents in the said course of traffique 5. To know also the goodnesse of the principall commodities of all countries either superficially for colour and beautie or substantially for qualitie and vse As also the weight finenesse and valuation of the moneyes of all countries with the proportion betweene the gold and siluer and the manner of exchanges made by billes vpon the imaginary moneyes inuented to make exchanges betweene countrey and countrey 6. The customes vsed in the buying and selling of commodities for money or billes obligatorie or by way of Commutation or Barter 7. The deliuering of moneyes at interest or vpon Botomary or vpon liues annuities or pensions in nature of rent c. 8. The fraighting and setting forth of Ships making of Charter-parties Billes of lading Invoice and Couenants and contracts As also the sea lawes to decide all questions and controuersies which fall out betweene Merchants and
instruments The like is for goods cast which were brought within ship-boord without the master or his pursers knowledge In the rating of goods by way of Contribution this order is obserued If they chance to be cast before halfe the voyage performed then they are to be esteemed at the price they cost if after then at the price as the rest or the like shall be sold at the place of discharge The person whose goods haue beene cast is to be carefull to haue the same estimated before the ship doe discharge and to deale with the master for that purpose For the law doth intend that the goods deliuered vnto him are not only as a pawne or pledge for his fraight but also bound to answere all such Contributions and Aueridges that may happen and therefore the master may put his helping hand thereunto vntill satisfaction be made albeit that commonly the detaining of other mens goods are not allowed Three sorts or manner of goods token vpon the sea Herein let vs now consider of things taken vpon the sea which are of three sorts the first we haue alreadie noted to be goods taken by Letters of Mart by ius represaliarum the second are taken from Pirats or sea Rouers and the third from professed enemies Touching that which is taken from Pirats seeing they be goods which they haue wrongfully taken from others whether they be found in their owne or their successors possession these are esteemed to be a iust prise or prey to any taker of them so that account be made of them to the Admirall And in case where the taker doth find the goods of his friend or countrieman with the Pirat it is reasonable that restitution be made vpon good consideration of the charges and danger sustained concerning the same If a ship or goods be taken from a professed enemie it is to be proceeded in according to the authoritie whereby it was taken But if goods be taken by a professed enemie and afterwards the said goods are taken againe from him and the true owner doth claime them it ought to be restored to the owner for the law taketh these goods to be as receiued and not taken yet with good recompence for them But when such goods become a lawfull prise to the taker then the Admirall is to haue his tenth part according to the offer which Abraham made vnto God of the spoyle which he tooke of the fine kings and the remainder of the goods so taken is to be proportionably diuided betweene the takers or according to the composition formerly made In these cases there is alwaies a fauourable consideration to be had which is the cause that if two forreine nations be at warre and the one take a ship from the other and bring her into a port or road within the bounds of a neuterall nation alike friend to both then may the Admirall of that nation ordaine that ship to be restored to her owner and the persons captiue to their former libertie euen as if she had beene brought backe to her owne port or countrie againe * ⎠* CAHP. XXII Of the particulars to bee obserued in Assurances THE obseruations to bee considered of in matter of assurances are very materiall for euery Merchant and deserue a particular Chapter in this Treatise which I haue compiled according to the circumstances of the things themselues for the assurors benefit 1 The first I haue touched in the Partie who causeth the assurance to be made both for his honest dealing and whether hee bee a friend to the State or Kingdome for the reasons aforesaid 2 To know the Master of the Ship and Mariners to bee honest and of experience to auoid the danger of Barratrie and other accidents 3 To take notice of the goodnes of the Ship and of her sayling especially making her voyage alone or in companie of other Ships whether she be old or new built and the price of the assurance to bee accordingly 4 To know by the Map or Sea-cardes the distance of the place or countrey where the Ship is to sayle and the dangers of knowne rockes and sands 5 To haue a regard what winde must serue and the true season of the yeare which maketh a difference in the price of assurance as for example an East or North-east winde driueth from the land for Spaine which is lesse dangerous and receiuing six or seuen pro ciento when a Westerne or North-west or South-west driuing from thence vpon the land is to giue seuen or eight pro ciento in Winter two in the hundreth more than in Summer vnlesse it be by calmes in places dangerous as now in the Straights for the Turkish Pirats and without it the Moores of Barbarie or other theeues So Ships going for East-land against Winter will giue two in the hundreth more than in Summer The like for Ships bound for seuerall Ports more subject to casualties c. 6 To consider of the places of hostilitie where the Ship must vnlade or touch the danger of generall or particular Embargos of Ships the likelihood of detainements of Kings and Princes 7 Not to assure for vnlawfull places of trade or questionable betweene Princes as Guinea and there about the West-Indies vnlesse a good premio bee giuen as in a manner vpon aduentures lost or not lost 8 To know vpon what kind of goods you doe assure whether vpon Wines Oyles Salt Raisons and such like corruptible and perishable wares or vpon other Staple commodities as Clothes Tin Lead or Silkes c. not subiect so ordinarily to Aueridges and contributions as the other 9 To know what Ordnance and Munition the Ship is prouided withall and not to assure vpon the bottome of the Ship but with good aduice 10 If you assure vpon any particular goods marked to know whether they bee laden in the bottome of the Ship and there is danger of wetting and spoiling if aboue in the Ship there is danger of Pirats or of casting ouerboord about the middle is best 11 To bee aduised not to assure beyond the limitation of your knowledge by the meanes of others or from Lixborne to Brazell or from Venice to Tripoly or such like voyages whereof you cannot conueniently haue notice from time to time 12 Lastly to bee prouident in the contributions and aueridges to answere for no more than is your due to pay and to haue an inspection of the Bills of lading if doubt be made of the Commissioners sufficiencie or knowledge in cases of this nature The assurance vpon the liues of men whether aged or young of good qualities and diet of disposition gentle or quarrelsome a traueller or a dweller being somewhat extraordinary euerie man is best able to consider of it by the acquaintance of the persons * ⎠* CHAP. XXVIII Of the manner of Proceedings for Assurances in case of losses WHereas the policie of Assurance remaining with the assured is registred Verbatim in the Office of Assurances to the end that
night and vpon speciall occasions being absent hee may leaue his Mate and other that may supply his place That they doe not too much meddle with merchandise or trade whereby they shall bee hindered in the due care of the charge of the ship The Master is duely to pay the Mariners wages without any abatement vnlesse it be for monyes lent them before or cause to pay any thing to the Owners The wages due vnto Mariners for places neere at hand are to be payed but by two payments but for remote and long voyages in three payments one at the departure another vpon the vnlading of the goods and the third vpon the ending of the voyage by equall portions in third If a Masters vpon some reasonable occasion wil discharge his Pilot either vpon the vnlading or relading he is to pay him full wages If Mariners be vnruly and giue occasion to hinder the voyage any way by their misbehauiour to be prooued by two other Mariners the Master may set them on land or cause them to be punished according to their demerite If Mariners will not testifie of their fellowes misbehauiours the Master vpon his oath shall be beleeued and the Mariner to be punished accordingly If a Master doe conceale the offences of Mariners hee shall forfeit and pay fiftie Dollers halfe to the Magistrate and halfe to the poore If a Mariner should kill another the Master is to keepe him in Yrons vntill hee bring him vnto the first judicature to bee iudged c. If a Pirat or Theefe shall come aboord and the Mariners are willing to defend the same and yet the Master will not fight this Master shall neuer bee put in trust any more nor haue credit as an honest man nor bee suffered to dwell in any of the Haunce Townes If a Master be put in trust to bring ouer Pearles Precious Stones or Money which are wares of no volume to pay fraight but a consideration the Master is to haue the fourth part of it and the other three parts are to be the Owners If a Master being part Owner wil sell his part or cause his Owners to pay deare for it the said part is to bee valued by indifferent persons and the Owners or some of them are to pay accordingly If a Master without cause will saile in another Hauen than hee is fraighted and losse doe happen hee shall answere the same of his owne meanes If a Master shall sell the ship and the Merchants goods and runne away hee shall not remaine in any of the Haunce Townes and shall bee pursued to answere for the same to the vttermost by all meanes If by contrary wind and weather being entred into another Harbour the Merchant doe sell his goods the Master is to haue his full fraight or to goe the voyage If a Master find himselfe in places where neither himselfe nor his Pilot is acquaited and may haue Pilots but will not vse them hee is to pay one marke of Gold for his punishment If a Master haue his lading in Corne which becommeth hot hee is to coole the same in conuenient manner if wind and weather doe not hinder him and the Mariners are to haue two shillings lups for euery Last for doing of it Of the hiring of Mariners No Master shall henceforth take any Mariners to hire without they haue a pasport of their last seruice vpon paine of two Dollers which pasports euery Master is to giue and shall bee printed with Blankes for the names None shall hire another Mariner by intisements of words or by giuing greater wages but take them of course vpon paine of tenne Dollers c. And if the Mariner take his owne leaue the Master may claime halfe the wages which another shall giue him The Mariners shall keepe their promise of fidelitie to the Master and be of good behauiour and quietly liue together vpon paine as followeth If any one doe put himselfe forth to bee a Pilot Boteswaine or any other officer and shall be found insufficient by two credible honest men or be prooued by his company they shall not onely lose their wages but also be punished according to the fact If a Mariner be entertained and at the Masters charges and before the voyage the Master take dislike of him hee may discharge him giuing one third of his wages but it shall bee of the Masters purse and not for the Owners to beare any part thereof When the Master hath entertained the Mariners at the ship expences the Mariners are to make their lodging on boord and to content themselues with it When the ship is come to some Port or arriued at the place the said Mariners are not without the Masters leaue to goe on shoare vpon paine to be imprisoned and further to bee punished as cause shall require The Mariners shall haue no guests on boord without the Masters consent No Mariner shall haue his wife on boord in the night vpon paine of a Doller if he doe offend No Mariner is to discharge any Ordnance or shoot without the Masters commandement vpon paine to pay double for the powder and shot All Mariners shall both at Sea and in the Harbour keep true watch night and day according to the Masters appointment vpon paine of halfe a Doller to bee abated of his hire and by default to bee punished c. Whosoeuer be found to sleepe vpon the watch shall forfeit eight shillings lups and he that findeth him sleeping and conceales it shall pay the like No Boteswaine shall loose a Cable without the Masters or Pilots commandement When a ship is detained by wind and weather in any strange place no Mariner shall depart or goe on shoare without the Masters leaue vpon paine to lose halfe wages the halfe of it to the Master and halfe to the poore Neither shall the Mariners goe on shoare when the ship is at Anchor without the masters leaue vpon paine of halfe a Doller If any mariner go on land without leaue and become wounded the master is not to looke to see him healed If a Boteswaine being absent be the cause of some great harme or losse he shall answere for it and if he haue no means he shall be then imprisoned one whole yeare with bread and water and if by his default the ship perish or some bodie be slaine he shall answere for it with his life or be punished according to his offence When the master with some of his mariners goeth on land the mariners are to attend in the boat for him or to follow his order and if any remaine all night on shoare he shall lose his portage and be punished When a master hath hired his companie for a certaine place and he hath afterwards aduice of his Owners or Partners that more profit is to bee made in another place the mariners are to be content therewith and to take content for their wages wherein if they cannot well agree then the most antient are to conclude or other
thereupon No man is compelled to bring his commodities to this House but allured thereunto by the commodiousnesse and benefits thereof because of the ease of Ware-house roome and Cellaridge at easier rates the commoditie of sale or barter the forbearing to pay Customes and Imposts for a time the taking vp of moneys to serue his turne and the goods better assured than in other places According to the said house of the Easterlings at Antuerpe there will be 108 cellars and double that in warehouses and after that so many garrets in all aboue foure hundred roomes The benefit whereof will be verie great one with another at 10 ll is 4000 ll The benefit of weighing all commodities and the selling and registring of all will be much more And all the charge of this house is by the computation of some workemen to be done for 15000 ll and may yeeld 10000 ll yearely profit to the honour of the King reputation of the citie of London and welfare of the realme and credit of Merchants Staples of Woolls Our Staple of Woolls heretofore kept at Calice and Bridges in Flaunders is now out of vse and Staple Townes are all as it were incorporated into London and therefore it is to be hoped that some worthie Merchants will of good affection to the Citie and State be readie to resolue to vndertake this building of the house of commerce as a worthie monument for posteritie and ease of all traders The old Romanes when moneys were first made of Copper and then Siluer and before Golden coynes were made had appointed a place Mensa Argentaria called Mensa Argentaria where they lent moneys vpon commodities for a reasonable consideration to aduance trafficke and trade which in comparison of ours was but in his infancie and therefore to be left now to the mercie of monyed men without other prouision by authoritie to supplie mens occasions seemeth to be impertinent especially when moneys are not plentifull Hauing hetherto treated of buying and selling and the dependancies thereupon now wee are to speake of receiuing and paying by moneys and of the manner of Merchants dealings therein But this doth properly appertaine to the second part of the Law-Merchant where moneys are compared to the Soule of trafficke and commerce A question touching Merces Vaenales for Oppignorations Returning therefore to the said matter of Oppignorations let vs note the questions of Ciuilians Whether in the generall binding of a mans goods wares to bee sold called Merces Vaenales are comprised by saying he bindeth his goods present and to come The answere is that they are bound but yet the sale of the said goods is not hindered thereby vnlesse they were pawned or obliged to be in a place certaine and named in the writing there to be extant Also in Tacita Hipotheca or as it were close pawning Merchants money may bee comprehended and made liable but this is to be vnderstood of moneys had some other way for it is reason that the money which a man taketh vp shall serue him to expedite his affaires Titulus Mandati Also in binding of future goods it is to be vnderstood onely of such goods as he may get during his life and not by any of his heirs These reasons haue a reference to trafficke which is a generall bodie and commodities by merchandising or commerce do supplie themselues in their places so that when some commodities are disposed of other commodities come into the roome thereof and the lawes haue alwaies more regard to the generall than to the particular insomuch that a woman euen for her dower cannot arrest her husbands goods finding his estate to decay CHAP. XLIIII The proceedings vsed against Bankrupts THe mutabilitie and inconstancie of all worldly affaires and especially of Merchants estates causeth me to remember the ancient Dutch Prouerbe A dutch Prouerbe Englished Goods lost nothing lost Credit lost much lost Soule lost all lost for to be rich and to become poore or to be poore and to become rich is a matter inherent to a Merchants estate and as it were a continuall and successiue course of the volubilitie of variable blind fortune which is admitted according to the heathen word for a distinction of Gods prouidence as the words of Fate Destinie Chaunce and the like are for the better vnderstanding of it so that by the frequencie of it Merchants haue made a great difference and distinction betweene a Merchant which is at a stay and taketh daies for the payment of his debts or one that is broken or Bankrupt hauing an especiall regard herein for the preseruation of credit which is as tender as the apple of an eye for it happeneth many times that Merchants hauing taken vp money at interest to augment their trade and thereby doing good to their prince and countrey shall receiue some vnexpected losses by warres on land or Embargoes or restraints of Princes vpon the seas of their ships and goods or by hauing sold their goods and merchandises at home at long daies of paiment or otherwise by other occasions hauing their best meanes in remote places whereby the said Merchants cannot suddenly make paiments of such moneys as they haue taken vp at interest which in that Interim may be due and so they are driuen at a stay although they haue verie good estates for some rich men who like an Ape tied to a clogge which thinketh that he keepeth the clog when the clog keepeth him are so tied to the clogge of their wealth that vpon the least rumours of troubles and accidents happening to their debtors they become suspitious of these mens estates and fearing to become loosers are so inquisitiue of their debtors meanes without reason and discretion to the great hurt and impairing of Merchants credit and reputation that thereby they are driuen into a strait vpon a sudden and so ouerthrow them vnawares many times to their owne hinderance and losse A caueat for Merchants so that Merchants must be verie prouident and carefull with whome they deale in taking credit for moneys and not to haue too much of their estate abroad for the Prouerbe is true That he who is farthest from his goods is neerest to his losse And in this case Princes haue great reason to interpose their prerogatiues for the defence of these Merchants persons and goods for preuention of their ouerthrow vntill their goods come to their hands and disposing that haue beene detained as aforesaid This difference and distinction betweene a Merchant taking daies of payment a Bankrupt doth incourage men to deale honestly and conscionably especially with the vertuous and well disposed for Virtus laudata crescit whereby they pay euerie man his owne in time and for the most part with interest for the forbearance of their due debts And therefore is it that to call this man a Bankrupt beareth a great action by the Ciuile Law as also by the Common law of the realme which is verie careful
inhabite in Virginia where they shall haue houses and lands for themselues and their heires for euer and their worke shall be taken from them and they shal be duely paied and that a certaine number onely shall haue this priuiledge for certaine yeares and none others to be admitted albeit the number of people doe increase wherby they may be sure of a certain beneficial liuing And no doubt they wil aduenture that little they haue to inrich their means and estate and persuade their wiues and seruants to go with them who may succeed them vpon other good conditions The like is to be done with Taylors Bakers Brewers and other handicraftes-men and so conceauing a common-wealth within themselues wil resolue and encourage many that are of some meanes to accompanie others of smaller means whereby the base minded will be brought to be also painefull and industrious in time and the charge of the vndertakers will be lesse and more commodious to prouide the voyages with facilitie The like was to be put in practise by the Hollanders in the Island of saint Thomas vnder the line but the extreamitie of the heate of that Climate did bring a disorder and the attempt was giuen ouer It is more like to be established in other places for albeit the warres in Europe will diminish the people yet most countries are populous Politicians although they are much mistaken in the number of parishes of seuerall kingdomes yet are they not in the number of the persons or inhabitants France containing by late estimation about 27400 parishes What people in France in numbers c. esteemed in 44 hundreth thousand families of fiue persons to a familie where in England six persons are accounted to be in a familie is 22 millions of persons England containing 9725 parishes 52 shires and 26 cities is esteemed in 28 hundreth thousand families of six persons which maketh 16 millions and 800 thousand persons Scotland containing aboue 4000 parishes is esteemed to haue about 1500 thousand persons or families of six persons is nine millions of persons Ireland containing 5500 parishes was esteemed not to containe the two third parts of Scotland which is now much increased The prouince of Flanders one of the 17 Netherlands esteemed to containe 140 thousand families of fiue persons is 700 thousand persons which is more than the kingdome of Denmarke being ten times more spacious Now omitting to speake of other countries Too populous is dangerous in Monarchies let vs obserue that in all popular gouernments be it an Aristocracie or Democracie the meanes to make countries populous is thought reasonable which in Monarchies is held to be dangerous The concourse of people causeth the greater consumpsion of all things and the reuenues are great by Impositions and it giueth life to trafficke and commerce The Plantation of Vlster one of the foure Prouinces of Ireland is now verie great and the meanes to set the people on worke are to be taken in hand which may be done by a Corporation of English and Irish Merchants there inhabiting and English Merchants in England to vent the superfluities of the commodities of that kingdome and to increase the manufacture of many needfull commodities to bee made there the realme affording stuffe and materialls thereunto plentiously And here I remember a good obseruation heretofore made touching the kingdome of Ireland Why the same was not brought vnto perfect obedience to their soueraigne these 400 yearâ—s but vnder our most gratious king Iames which is attributed to the mistaking of the place of the plantation of the first aduenturers that were deceiued in their choice Fit places for plantation to be considered of for they sate downe and erected their castles and habitations in the plaines and open countries where they found most fruitfull and profitable lands turned the Irish into the woods and mountaines which as they were proper places for Outlawes and Theeues so were they their naturall castles and fortifications thither they draue their preys and stealths the lurked there waited to do euill and mischiefe for these places they kept vnknowne by making the waies and entries thereunto impassible there â—hey kept their cattle liuing by the milke of the cow without husbandrie or tillage there they increased and multiplyed vnto infinit numbers by promiscuous generation among themselues there they made their assemblies and conspiracies without discouerie but they discouered the weaknesse of the English dwelling in the open plaines and thereupon made their fallies and retraits with great aduantage Whereas on the other side if the English had builded their castles and townes in those places of fastnes had driuen the Irish into the plaines and open countries where they might haue had an eye and obseruation vpon them the Irish had beene easily kept in order and in short time reclaimed from their wildnesse and would haue vsed tillage and by dwelling together in towneships learned mechanicall Arts and Sciences This discourse may seeme strange to the Law of Merchants but when Merchants vndertake Plantations as we see they do no man will hold the same to be impertinent The discouerie of the Southerne countries called Terra Australis And for as much as diuers Mathematicians heretofore haue according to those discoueries made their maps and vpon good probabilitie affirmed and set downe Terra Australis incognita whereof discouerie hath beene made in the yeare 1615 by Ferdinand de Quir a Spanish Captaine let vs consider that many other countries may also be found out albeit this containeth a fifth part of the world for as he saieth to Philip the third late king of Spaine the length thereof is as great as all Europe and Asia the lesse vnto the sea of Bachu Persia and all the Isles as well of the Ocean as of the Mediterranean sea taking England and Island into this account seated within Zona Torrida and a great thereof reacheth vnto the Equinoctiall Circle eleuated vnto them to 90 degrees aboue the Horizon and in some places a little lesse There they liue without Kings or Lawes and know no neighbourhood either of Turkes or Moores and according to this maner of life although they want Yron and Guns they haue not need of any thing But they abound with many excellent commodities whereof the Spaniards will in time make vse especially if they be more assured of Gold there to be found as in part they are of Siluer and Pearles for these are the three most pretious darlings that lie and are cherrished in the bosome of Nature To say nothing of Spices and Drugs whereof they abound with many other commodities by the said Captaine declared And here we may not omit to remember That it is not enough to discouer countries and leaue them without plantation or at the least neglect the vse of them if Merchants do giue ouer their enterprises But it is the part of Princes to see plantations made True causes to make plantations for two maine reasons
vpon the decease of the said Englishmen tooke the whole trade to themselues which afterwards hath beene disperced into many other Townes whereby the trade is so increased that Holland and Zealand haue aboue 2000 Busses or Fishing Ships which doe make ordinarily two or three voyages yearely albeit their countrey is remote from our Seas and England Scotland and Ireland haue the fishing as it were at their doores And such is the blessing of almightie God that aboue sixe hundreth thousand Lasts of fish are taken yearely in the dominions of the King of Great Brittaine onely ommitting the quantitie of fish taken in Denmarke Seas Russia New-found-land Spaine Italy and other dominions And here I am to make a little abridgement of the collection of one Tobias Gentleman a Fisher-man who made a Treatise touching the same intituled Englands way to win wealth and to imploy Ships and Mariners That fishing is lawfull â—easible and profitable proouing first The lawfulnesse of it by his Maiesties subiects of Great Brittaine secondly How feasible it is for them by the exemplarie actions of other Nations that haue nothing growing in their owne land for that vse but are constrained to fetch all out of other countries lastly That the trade of fishing is profitable by the successe seene with the Hollanders being rich and opulent notwithstanding their long warres and which themselues doe call to be their chiefest trade and principall Gold-mine whereby many thousands of their people of trades and occupations are set on worke maintained and doe prosper Proclamation of the States of the vnited Prouinces as may bee seene by their Proclamation annexed to the said Treatise Hereupon hee sheweth That about Mid-may they make readie their Busses and Fisher-fleetes and by the first of Iune their Stile they are seene to sayle out of the Mase Texell and the Vly a thousand sayle together for to catch Herrings in the North Seas being most of them ships of 120 or 100 tunnes and the other 60 tunnes or thereabouts hauing in them 24 men and some 16 and 20 in euery ship they continue their course North-west and by North vntill they arriue at the Isle of Shotland The scituation of Shotland Isle which is the dominion of the king of great Brittaine and the greatest Island of the Orcades lyeth in the height of 60 degrees of Northerly latitude And by the 14 day of Iune which is by their law a time limited to lay their nets they begin to fish do neuer leaue the skoales of herrings but come along amongst them following 500 miles in length lading their ships twice or thrice before they come to Yarmouth sending them away by the Merchants ships that send them victuals barrels and more salt and nets if they need any which ships are called Yagers that is to say Hunters or Doggerbotes and these ships docarry them and sell them in the East countries some to Riga and Reuell some to the Narue Russia Places to sell Herrings Stockholme and all Poland Prussia Pomerland Lituania Statin Lubek and Denmarke returning Hemp Flax Cordage Cables Iron Corne Soapashes Wax Wainscot Clapboord Pitch Tar Deales Hoopes and other commodities with plentie of money and for France they send for Burdeaux Rochell Nantes Morliaix and San Mallous Cane in Normandie Roan Paris Amiens and all Picardie and Calice with the Low-countries of the Archduke of Austria reconciled with the king of Spaine returning other commodities and moneys for the prouenue of their fish For by their laws all those Herrings that they do catch in Yarnmouth seas from Bartholomew tide vntill saint Andrew which are rope-sicke they may not bring home into Holland and these they sell vnto Yarnmouth men for readie money Their fishing for Cod and Lings continually is done with smaller ships of 40 tun burden called Pinkes and Welboats and all this is done with so good order and prouision Good orders in the fishing trade that by night and day all is supplyed and fish taken off instantly And of mine owne knowledge they are so constant in their fishing that they are contented to haue one good yeare for fishing in seuen yeares All fishermen are prouided for and their wiues at home cannot want for in their care they may be compared to Ioseph in Aegypt prouiding for the time of famine They haue besides all this continually in the season another fleete of Fisher-men called Flyboats which are in number some two hundreth or more and these be at the North-East of Shotland hauing small boats with them called Cobles and by meanes of them Lings are taken in great aboundance which they do not barrell but splet and salt them in the ships bulke To say nothing of fresh Fish and other prettie obseruations of the said Tobias Gentleman let vs note the commodious fisher-townes of England as Colchester Harwich Orford Alborough Donwich Commodious towns for fishing in England Walderswike Sould Yarnmouth Blackney Wels Linne Boston and Hull by him named whereunto I may adde Scarborough Hartlepole Whitby Marske Stockton Gysborough New-Castle and other places in the North. And it is to be much admired that this trade hath been so long neglected howbeit some are of opinion That it would hinder much to the trade of cloth if fishing were entertained especially in the returne of our commodities and that the priuiledges granted to diuers societies as the Merchants Aduenturers East-land The first obiection to the fishing trade and Russia Merchants should be infringed therby and so both trades cannot subsist together Others say The second obiection That other nations are more painefull and industrious than we can be and haue more skill in the cutting packing and salting of the Fish and which is more they can send away their Fish and pay no fraight by their ships going otherwise emptie for corne and salt for they pay but foure shillings for a Last which is drinking mony And the Hamborgers hauing heretofore imitated the Hollanders to fish with Buffes for Herrings after 5 or 6 yeares triall haue beene compelled to abandon the fishing and suffer their ships to lie by the rotting because they found a losse and that the Hollander did out sell them hauing the better and cheaper fish and the like would befall England as some haue alreadie found To these two obiections The one being Domesticke and the other Forraine I make this answere which is referred to the iudicious reader Answere to the first That the trade of cloth should be hindered by the fishing trade is not probable being a distinct commoditie which serueth for the bellie and the other for the backe and both are sold by vs and other nations in one more places and we both make our returnes homewards by commodities money and exchange for moneys by Bills so that the difference of the persons maketh not any sollid argument for if we returne commodities for commodities and they returne moneys we may returne both the one and the
so many millions of Copper moneys in foure and eight Maluedies and otherwise and in Portugall of Vintenis Patacois of so many Reas that the halfe Ryall which is our three pence is onely of Siluer and all moneys vnder it are meere Copper without any mixture of Siluer This quantitie is almost incredible for it is not many yeres since during the Kings raign of Philip the third that certaine Italians finding fault that his Octauos and Quartillos were too big gaue the King sixe millions of Ducats to coyne them at halfe the weight within a time limited and as many as they could vtter within that time Necessitas non habet legem is true in some respects The Venetians also coyne meere Copper moneys Copper moneys of the Venetians they haue Sessini which are valued at two Quatrini and three Quatrini are one halfe pennie sterling for six Quatrini are one pennie Bagatini they haue also whereof foure make one Quatrini and twentie and foure Bagatini make one pennie sterling by calculation In France they haue Mailles petit Deniers Deniers Doubles Of Fraunce and Liarts in times past most of these had some Siluer in them but vpon due consideration that it was so much Siluer wasted because the charges of refining did surmount the value and that these moneys did serue for the commutation of pettie things and trifles they haue saued that Siluer Of Germanie The like they haue done of all the small moneys in Germanie but they cause them to be Alkimed like Siluer which is done with Tin and Sal Armoniake after they be coyned which holdeth fairer for a longer time than the moneys of siluer allayed with much copper being in a maner incorporated with the copper and taketh away the smel of it Such are their Hellers Albs Hallincke and the like small copper moneys Of the Low-countries In the Low-countries they haue Duyts Mites Negemanckens Ortkens whereof foure make a Styuer and fiue Styuers make sixe pence which we may well call a Styuer for a pennie sterling eight Negemanckens and twentie and foure Mites for one pennie also In some places as in Flanders the Mite is called Corte and in the Wallone countrie Engcuni and in other places Point Pite Poot being all subdiuisions of Obolus or the halfe pennie Of many other kingdomes and states gouernment In Bohemia Poland Sweaden Denmarke east-East-land and many other Kingdomes and States they haue meere copper moneys tedious to describe likewise in Italie in their seuerall principalities and dukedomes Of Scotland In Scotland they haue Turnoners and pence and halfe pence in their names and much base money of Achisons Plackx Babyes Nonsuits Of Ireland and the like In Ireland they had in Queene Elizabeth her time halfe pence and pence of copper which are most of them lost and consumed The necessitie of these small moneys did appeare here with vs in England where euerie Chandler Tapster Vintner and others made tokens of lead and brasse for halfe-pences and at Bristoll by the late Queenes authoritie Farthing tokens in England were made of copper with a ship on the one side and C.B. on the other side signifying Ciuitas Bristoll these went currant for small things at Bristoll and ten miles about Hereupon it pleased our soueraigne Lord the K. to approue of the making of a competent quantitie of farthing tokens to abolish the said leaden tokens made in derogation of the Kings Prerogatiue Royall which farthing tokens being made by Engines of meere copper in the yeare 1613 with certain cautions and limitations haue on the one side two scepters crossing vnder one diademe in remembrance of the vnion betweene England and Scotland and on the other side the harpe for Ireland and the inscription of Iacobus D.G. Magnae Britt Fra. Hiber Rex And the said farthing tokens haue not onely beene found very commodious and necessarie for pettie commutations but also to be a great reliefe of the poore and means to increase charitie without which many of them had perished euerie man hauing means to giue almes euen the mechanicall poore to the indigent poore Siluer moneys To come to the coynes of siluer we haue also noted that the Romanes made but moneys of siluer the 484 yere after the foundation of Rome which was in the yeare 3695 from the beginning of the world being now about 1900 yeres since and by some coyns models extant the goodnes of it was sterling siluer being aboue 11 ounces fine since which time many are the standards of siluer moneys made in diuers countries according to occasions both in time of peace and warres as you may find in the following Chapters where wee haue reduced them from the marke weight vnto the pound weight Troy of twelue ounces And concerning the Moneys of England of the sterling Standard more followeth hereafter The Moneys of gold were but made when the Romanes had taken great wealth from all Nations Gold Moneys and was sixtie two yeares after their beginning of the making of siluer Moneys and they were of fine gold since which time also there haue beene many Standards made of gold and that from about twentie foure carrats fine vntill seuen carrats c. CHAP. VI. Of the Officers of Mints THere are diuers Officers in all Mintes The principall Officer is the Warden of the Mint next is the Mint-master the one to looke to the making of Moneys compleat according to the Standards and the other with his workemen called Monyers to make them Then there is the Comptroller to keepe the Contrebookes for the Prince State to see the bullion receiued and the assayes made thereof and the compleat moneys returned for the same weight for weight paying coynage money forthe same which is done by the Warden by the said moneys in specie as they were coyned at the first There are commonly two Assay-masters one Grauer and his deputie one that keepeth the Yrons to deliuer them to the Monyers or the Prouost or chiefe of them to see them euery night returned againe then the Sincker Smith Porter and the like in their places all these haue wages for themselues or allowances yearely from the Prince or State The Mint-master and the Monyers are paied for euery pound weight they make whereof 30 ll weight they call a Iourney The Tellors Office is but vsed in England The Sheyre booke of Moneys which the Wardens deputies execute in other countreys to keepe a Sheyre Booke of the peeces contained in the marke or pound weight although the money be deliuered by weight and not by tale For although there be suppose eight or ten peeces ouer in 100 ll by tale it doth incourage the bringer in of Bullion for the â—â—act sizing is not so much to be regarded vpon the totall in quantitie as vpon the equalitie of weight in peeces for it happeneth sometimes that one shilling will weigh one farthing or halfe penny
consciences are hardened vnto it without any scruple or indifferent consideration whereby as in bodies natural so in politicke diseases grow by the too much or the too little of a due proportion in all humane actions And the rule that innouations are dangerous holds true where the bodie naturall or politicke is in perfect state of health but where there is a declining there to make no alteration is a certain way to run to destruction To the third That money will be sodainely called in It may be made or enacted that the borrower shall haue two yeares time for the payment of the money he oweth paying the Interest and obseruing such cautions conditions and limitations as may be thought conuenient To the fourth obiection That money will be hard to be borrowed it is well knowne that the high rate of vsurie doth not increase in the quantitie of money whereof hauing plentie causeth commerce to flourish and if money at interest were called downe what will Vsurers doe with their money They will not keepe it by them as a dead stocke for either they must imploy it in trade purchase lands or lend for vse at such a rate as the Law will tollerate so that herein can be no hurt To the last and weakest obiection concerning the money of other Nations deliuered at interest here it is demanded Whether it bee meete to haue them to feed vpon the Realme and in processe of time to carrie out such gaines thereby by multiplication of interest For to men of vnderstanding in casting of accounts it is plainely manifest that a hundreth pounds managed at tenne in the hundreth Interest which seemeth incredible multiplies it selfe in seuentie yeares being the age of a man to a hundreth thousand pounds and it is therefore compared to the Butlers boxe For euen as men when they are at play feele not what they giue to the boxe but at the end of Christmasse it makes all or neere all gamesters losers so there are not few which continue in Vsurie that are not ruined And so the said Treatise concludeth tenne in the hundreth to be biting Vsurie But to apostrophate this discourse and to remedie the matter let vs but procure to haue plentie of money really in specie within the Realme together with the meanes vsed in other countreys in the lieu of moneys as the transferring or setting ouer of Billes betweene man and man the paiments by assignement in Banke without handling of moneys and Letters of Credit or Billes of Exchanges as you may find in this Booke declared For plentie of money will not onely preuent but also effect the benefits intended in the said Treatise making Vsurie to decrease in price Plentie of money decreaseth Vsurie in price or rate as in other countreys where they are tollerated to take twelue in the hundreth and yet moneys are plentifully to bee had at fiue sixe and seuen in the hundreth Then will the Kings Customes increase and Commerce flourish Noblemens and Gentlemens landes bee improoued Merchants and Artificers be incouraged young beginners bee inabled labourers find quicke imployment and Vsurers may haue land for their moneys Some will say vnto mee considering the premisses That to take tenne in the hundreth of a rich Merchant indeed or of any other that buyeth landes or maketh gaine by the money is no biting Vsurie Herein to qualifie the contents of this and the precedent Chapter I note two considerations for that purpose albeit that it seemeth no Comma can bee made as it were from the highest Climate to the lowest Center in regard of the litterall wordes denounced by way of curse against Vsurie For if on the one side you will take all Texts of Scripture so precisely as men doe without construction as for example Phil. 4. Luke 18. Giue to euerie man that asketh of thee Be alwayes glad Pray alwayes and the like and on the other side so little regard them by large interpretations in taking great Vsurie what confusion and disorder would this bring to the Common-wealth Therefore to answere the question I say That consideration being had in your particular and the partie who made benefit of your money there is no biting Vsurie committed and no hurt done but rather mutuall loue increaseth but if there be consideration had of the generall there is biting Vsurie committed and euen vpon the poore and mechanike people For by your meanes and others deliuering moneys at Interest is the same incorporated into rich mens hands whereby the meaner sort of people can haue none to serue their occasions but at verie excessiue and abominable rates and that vpon pawne also For your deliuering of moneys at tenne in the hundreth and vnder doth enable them to take intollerable Vsurie of the said meanest sort of people as shall now bee declared whereby they deuoure them so that in all Kingdomes they are prouided for but heere and vntill that bee amended your taking of tenne in the hundreth in nature before declared is a biting Vsurie although it doe not belong vnto you to amend the same but that Princes and Magistrates are to prouide for it For this is a biting nay a verie gnawing to the bones of your Christian brother with whom you ought to deale mercifully As there are three sorts of dealings amongst men that is Three sorts of men and three sotts of dealings Gift Bargaining and Lending so are there three sorts of men the starke Begger the poore Housholder and the rich Merchant or Gentleman To the first you ought to giue freely not onely to lend freely to the second you ought to lend either freely or mercifully and not to feed vpon him with excessiue Vsurie but with the third you may deale straightly and aske your owne with gaine especially when hee gaineth by your money vsing in all these a conscience with discretion * ⎠* CHAP. XII Of Intollerable Vsurie and Lombards THE apprehension of the continuance of intollerable Vsurie in England is able to stupifie a mans senses considering the same is so abhorred of Heathens Turkes and Barbarians it being an euident token that our hearts are more than sufficiently frozen ouer with the insensible yâ—e of vncharitablenesse because the cruell deuouring thereof may bee so easily preuented And then Vsurie Politike will not be biting This intollerable Vsurie is effected by the Brokers selling old apparell and houshold stuffe which doe take after diuers rates but all of them excessiuely they being the fittest instruments to receiue and buy stollen goods whereby all theeues are incouraged according to the Prouerbe If there were no receiuers there would be few theeues Most of these Brokers haue their money masters to whom they pay twentie in the hundreth or 15 at the least for some of these money masters pay themselues ten in the hundreth vnto others so that one thing driueth or inforceth another Like as in a clocke where there be many wheeles the first wheele being stirred driueth the next and
for ten yeres freely not to pay any pennie gaine all that time if either of vs do die but if we both liue together till that time then he to pay me after twelue pound in the hundreth for ten yeares past the law saieth that the perill which may happen doth not excuse me from sinne but I am an vsurer for the time is not proper A Merchant lendeth to a Corporation or Companie an hundreth pounds which corporation had a grant by statute that whosoeuer lendeth such a summe of money and hath a child of one yeare shall haue for his child if it do liue fifteene yeares of age 500 ll of money but if the child die before that time the father to lose his principall for euer The law saieth If I lend purposely for gaine notwithstanding the perill I am an vsurer I knowe an honest artificer oweth to a draper fortie pounds to be payed at six moneths I come to the draper and shew him if he will take thirtie pound in hand I will pay so much for the artificer if he will turne the debt ouer vnto me herein I am an vsurer in seeking to anticipate the payment One buyeth a pay of three or foure hundreth pounds deliuering fifteen shillings for euery twentie shillings here is a cloaked lending vnder the colour of buying and therefore vsurie called Palliata for he did hope for gaine Vsura Palliata Vsura Explicata I doe buy a mans Bill of one hundreth pounds due three moneths hence and giue vnto him in present money 95 ll here although a bargaine and sale seeme in shew yet it is a lending and therefore Vsurie I doe bargaine with some to haue so many Oxen and Kine within foure moneths to haue them better cheape paying the money before hand this is Vsurie if the parties had not Oxen or Kine at the Time I doe buy certaine Geldings to haue them deliuered at a certaine Faire for lesse than they were worth I am therein a Vsurer if I bee sure that they will be more worth at the time of the deliuerie I doe deliuer old Wheat to receiue new if I doe deliuer the same for gaine and assure my selfe of benefit I am an Vsurer I doe feare the fall of money and therefore doe deliuer my money to another man to haue as much at sixe moneths after according as the money was then currant when I paied it this is Vsurie I seeke an office which I cannot haue except I doe pay a certaine summe of money to auoid this paiment I doe lend for two three or foure yeares a grosse summe because I will not pay the said money in so doing is Vsurie I doe pawne an house with an orchard for certaine money the creditor hath the benefit of my ground and house hee is an Vsurer A Gentleman hath a Mannor stocked with thirtie milch kine and 700 sheepe valued at 300 markes or thereabouts as they are then to be bought and sold this Mannor he would let out with the stocke for tenne yeares to receiue the old rent of his Mannor and thirtie pounds yearely besides for his stocke and at the tenne yeares end either to haue at his owne choice his cattell of like goodnesse and value as hee did let them out or else 200 ll in money Here there is first a lending because the Farmour hath propertie in the cattell and may alter them as hee list for his best auaile paying his yearely rent for them and restoring so good cattell at the tenne yeares end as he before receiued Againe he must answere the cattell at the ten yeares end and pay rent yearely for tenne yeares although the cattell die all the verie first yeare So that this Gentleman seeking his certaine gaine and principall to be safely returned vnto him is an Vsurer colourably Lastly to deliuer money by exchange vpon Bills of Exchanges intending any gaine thereby any manner of wayes is Vsurie and all the premisses are vsurious acts although many not in danger of the Statute Now diuers Merchants and others will say That then there is no dealings betweene man and man and all Trafficke and Commerce is ouerthrowne For say they here is nothing excepted wherein any man can deale and all other Nations doe continually maintaine their Negotiation and Trafficke by deliuering moneys at Interest and by Exchange and will not bee ruled by our particular direction in the course of Trafficke hereupon let vs also note what lawfull contracts are before we conclude CHAP. XVI Of lawfull Bargaines and Contracts WEE haue alreadie noted where a man may take a benefit for his money two manner of wayes which is ex damno habito where he hath sustained a losse or ex lucro cessante where his benefit or profit hath been taken away or preuented for the want of his money which hee might haue bestowed in some wares to furnish his shop at conuenient time and in both these the partie is not Actiue but Passiue I doe buy land of my friend for a certaine summe of money and of like value to the land with this condition if he bring me the money againe at any time he shall haue his land againe I being lawfull owner of this land by bargaine and sale may safely inioy the fruits and rents of the same lands without any suspition of Vsurie Another commeth to me and would borrow a thousand pound in Gold and as much Plate for a shew to declare and set forth his wealth the more to the world when it is seene in his shop in this case I may take Vsurie An Apothecarie lendeth to the Physician an hundreth pound by the yeare freely because he shall send his Bills of Receits to him and to none other this is no Vsurie I doe buy Timber Bricke or Stone of a man to deliuer the same at such a place at such a time and to pay him for the same I doe borrow so much vpon Vsurie if the said man doe not performe with me in deliuering the said Timber Bricke or Stone yet is hee bound to pay me that Vsurie truely A Corporation taketh a hundreth pound of a man to pay him eight in the hundreth during his life this is no Vsurie and so for all annuities during life for the principall is neuer to bee restored againe A mightier man than my selfe withholdeth through force a portion of land from me I am loth to trie the law with him because hee hath the law in his hand and I offer to lend him fiue hundred pounds for a yeare or two freely so that I may haue mine owne without further trouble or vexation this is no Vsurie because I receiue but mine owne quietly I doe borrow an hundreth pounds for a yeare promising at the yeares end to lend another hundreth pound for it for the same time this is Permutation I take the perill vpon mee of the carriage of a great masse of money I may lawfully take portage money for my paines and this is
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