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A51124 De jure maritimo et navali, or, A treatise of affairs maritime and of commerce in three books / by Charles Molloy. Molloy, Charles, 1646-1690.; White, Robert, 1645-1703. 1676 (1676) Wing M2395; ESTC R43462 346,325 454

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Oath as their firmament though that is not so for the most part of the efficacy of such Leagues rests in the promise it self to which for Religion sake the Oath is added Hence it is that Promises made to a Free-People are in their nature real because the subject is a permanent matter although the State or Republique be changed into a Monarchy yet the League remains for that the body i. e. the power is still the same though the Head be changed And the Person is incerted into the agreement not that the agreement may be personal but to shew with whom it is made for if it be incerted into the League that it shall be perpetual or that it is made for the good of the Kingdom or with the Person and his Successors or for a time limited the same does most apparently demonstrate the thing to be real However in all Leagues which tend to Peace though there may remain somewhat whereby words of ambiguity may arise yet the most pious way of interpreting hath been to account the same rather real then Personal for all Leagues made for Peace or Commerce admit of a favorable construction Leagues defensive have more of favour offensive of burthen XVIII Leagues made with Princes although they happen afterwards to be driven out of their Kingdoms by their Subjects yet the League remains firm and good for the Right of the Kingdom remains with such an unfortunate Prince notwithstanding he hath lost his Kingdom on the other hand Leagues made with the Invader cannot be good for his cause being unjust is odious but if the people will make him King de facto and investe him the question is then out of all controversy for then he is become a King regnant and by the Laws of England if treason by committed against his Person and after he is beaten out and the King de Jure comes to his Crown the King de Jure may punish those Traytours with death The Earl of Warwick having raised an Army in France and Flanders invaded England and within five or six daies after his landing King Edwards Forces betraying him the Earl became Master of the Realm the King flying for protection to his Kinsman the Duke of Burgundy he kindly in his misfortunes entertained him yet while he was in this banished estate the Duke of Burgundy renewed the League with the English it being agreed that notwithstanding King Edwards misfortune the League remained firm and unviolable between the Duke Charles of Burgundy and the King and Realm of England So that for Edward they should name Henry who was newly taken out of the Tower by the Earl of Warwick at his chacing out of King Edward now the true reason that Leagues remain and are firm notwithstanding such a change is because there goes along with them a tacite condition viz. of holding their possessions and therefore the World wondred not that His late Sacred Majesty having sworn a League with the King of Spain expresly as he was King of Portugal did notwithstanding receive two Embassadors from the then new King of Portugal and that without being judged either in England or Spain to have broken his former Oath and League The Duke of Guise having formed the League against Henry the Third which was that in regard the King was so cold in the Profession of the Romish Faith that it was in danger to be extinguisht by the increase which he permitted of the Reformed Religion especially seeing Henry the Fourth then King of Navar was of that Religion and was to succeed to the Crown wherefore by the Mediation of Philip the Second of Spain the Pope qualified the Duke of Guise Head of that Catholique League and which in point of Government was to set him above the King avowed him Protector of the Catholique Faith in the Kingdom of France When Henry the Fourth succeeded the Crown then this League for security of Religion was most violent and the Spaniard without hoped by nourishing thus the division within to carry all for himself at last To avoid which gin and to answer all the King chang'd his Religion and negotiated by d'Ossat to be received by the Pope as a dutyful Son of the Church of Rome demanding absolution for what was past and making large promisses of due obedience for the time to come the King of Spains interest was that he should not be received and thereupon he endeavoured to perswade the Pope that King Henry did but dissemble with him and that under this disguise he would easiest ruine the Romish Religion notwithstanding this the Cardinal obtained his Reception Absolution and Benidiction through the many promises and presents which he made to His Holyness whereupon the Spaniards designes were in a moment all blown over from France but fell heavily upon the United Provinces which were sorely opprest for that they apprehended the loss and ruine of their Countrey and thereupon they implored assistance from King Henry who received their Ambassadours very gratiously and gave them assurance of relief The King of Spain who wanted no good intelligence in the Court of France immediately remonstrates to the Pope that his former inclinations concerning Henry's dissimulations did now appear in the face of all the World and that seeing His Holyness had been so credulous he knew not now whether they should be able to save the Catholique Faith from being subjected to the Reformed Religion or no for whereas the Hollanders had revolted from him only because he resolved to use the true means for the establishment of the Romish Faith among them and that now he was in a fair way of reducing them which conduced so much by his Holiness his opinion to the establishment of the Romish Faith Henry had taken their party against him in that work and that at Paris he had received their Ambassadors to that purpose although he knew they were his lawful Subjects c. This startled the Pope not a little who charged d'Ossat for having betrayed him and put the Church in danger this argument was as subtil on the Spaniards side as changing Religion was on King Henry's and therefore the Cardinal was not a little perplext how to answer it to the advantage of his Master as also coherently to the considerations of his former reception into the Church But at last he replyed That His Holyness needed not wonder how in reason of State those different Religions might joyn together for political ends without hazard of altering Religion Thus David sought protection of the Philistians and Abraham redeemed the sinful Sodomites That he took it to be upon the same ground that His Holyness himself not long before received a Persian Ambassador who was so far from being an Heretick that he never pretended to the Name of Christian that it was a plausible argument which the King of Spain used in complaining of Henry's receiving and avowing their Ambassador especially knowing
gain ought to be bounded or otherwise left to the will of the Lender XV. Of Usura Maritima how reasonable the same stands at this day XVI Of Moneys advanced to a considerable profit called usufruit being both honest and honourable I. MOney is one of those things which they who want want all other things but words to reproach their bad Fortune But sometimes it is the policy even of Rags and Poverty it self to undervalue that which it cannot have and to convert that which it hath though never so mean into an esteem and then to lodge as much pride in a Tub as Alexander could in a Palace though it could not tempt him to a change of Condition Nil habet infaelix paupertas durius in se Quam quod ridiculos homines facit No wonder therefore seeing Rich men will be obstinate to hold to their advantages that deformed Poverty which mixes with them in the same frame as a shadow to set off their Colours the better would have the Rich to descend to them and that instead of setting out Moneys by way of Bottomery Usury and the like they would not have any such thing as money at all but would have all things reduced into a state as is afore mentioned It cannot be denyed but that we all live by the natural or intrinsique value of things but the way to come by them is by an Instrument of civil value which is Money instead of Community therefore we now have Commerce which Commercium is nothing else but Communio mercium but Communion must needs be by the means of another thing that may bear equal proportion on both sides which is Money onely But now let us hear and if possible satisfie the complaints that are made against it so impatiently Where there is great Luxury there must be likewise great Industry to maintain it and therefore the Industry of this Civil State must be greater than that which is in the simple state of Nature But what is there here too blame seeing Industry no more than Plenty is in it self a Sin II. It is the Answer of Envy or Ignorance Prima peregrinos obscaena pecunia mores in●…ulit Money is that say they which maintains the Trade and Credit of Vice if that were taken away we should look after nothing but necessaries which are virtuous it makes too nice inequalities and distances and is not significant enough in the best things for all the Money in the World is not really worth one penny loaf which is convertible into our Natures and Substances it serves onely to assure Fortune but not Virtue it is accepted as the measure of all things Natural Moral and Divine for Honour is nothing but ancient Riches and in Morals Virtus post nummos This in Religion breeds that root of all Evil Covetousness for in a simple state of Nature necessary things must needs be spent within a short time and the return of the Sun brings a new supply and a Treasure greater than the Indies Of which One makes this Observation That it was got in blood sayles home in a Sea of blood and never rests till it be laid out in blood This was that which was made the Price of Salvation even of the Blood of our Blessed Saviour 30 Pieces for that which was worth Thirty thousand Worlds but in the Religion of the first times Nullo violatus Jupiter auro as Juvenal hath it And if this had not been brought into the World we should not have so much to discount for at the day of Judgment Why therfore should that which is condemned to the obscurity of the Earth and lodg'd so near Hell now be made the price of all that which is above the Earth even a Solo usque Coelum Or why should we be excluded from the Gifts of Nature unless we have those of Fortune Is it not then more reasonable that Rich men lose this Instrument of Luxury than the Poor should lose the necessary means of their subsistence This is the Plea which is made in forma Pauperis Et de ipsa paupertate Most certain it is that neither the stupid simplicity of the Woods nor Poverty it self are any part of Virtue and therefore are not reckoned Blessings as Riches were to Solomon he who built Gods first Temple and put his Religion in lustre and as they likewise were to Numa from whom Money was called Nummus He likewise built the first Temple at Rome and kindled first the Vestal fire ferocem populum deorum metu mitigavit III. We know how God conversed with Abraham who was the first that had Money and made use of it to buy a Property It is true they with whom he inhabited called him a Prince but that was no argument to him to disown their properties but for the contrary lest they should think that Dominion or a right to things was founded in grace IV. But to come more close to the Question and to examine the reason and necessity of this measure Money is like a Law or Government which are all constituted by the same extream necessity therefore the counterfeiting or attempting to destroy any of these by private means is every where Treason Now this measure is two-fold either Natural or Civil or rather natural and the Instrument which expresses the natural by equal Permutation The natural measure is proportioned either by Want or Plenty In Want we consider whether the thing be useful or necessary things which are necessary are best but of least price as a Loaf of Bread is more necessary but infinitely cheaper than a Diamond One man hath Cloathes another man hath Leather those two possibly have no need one of another and therefore there will be no Permutation betwixt them but if one had need of another then he who were most prest would come to the price of the other And therefore Want or Plenty is the measure of estimating things and is the bond of Society whereby one man shews he is or may be useful to another and Nature hath so ordered it that no man is so Rich who hath not some need of the Poor and no man is so mean and abject but he may be some wayes useful to the Rich. V. The Civil Measure or rather Instrument whereby the Natural expresses it self is Money which hath but a feigned value and therefore it is sometimes higher and lower in esteem as men please which could not be if its value were natural which is unalterable If I have Cloath at such a price and you have Wines at the same price then we regarding the same price may make an equal Permutation Or if I give to you so many pieces of Gold for your Cloath at the same price the Sale is equal again whether it be an incovenience that in some Countries is sometimes at a higheer value than at another is not a consideration of this Discourse for the price of things themselves change more than