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A06786 Consuetudo, vel lex mercatoria, or The ancient law-merchant Diuided into three parts: according to the essentiall parts of trafficke. Necessarie for all statesmen, iudges, magistrates, temporall and ciuile lawyers, mint-men, merchants, marriners, and all others negotiating in all places of the world. By Gerard Malynes merchant. Malynes, Gerard, fl. 1586-1641. 1622 (1622) STC 17222; ESTC S114044 480,269 516

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and weal publicke Hereupon replication being made by the King fault was found of the generall dearth of all things within his Realme without any scarsitie of the said things seruing for the backe and belly which wee doe attribute vnto you Husbandmen said the King Food deere and no dear●h for food is deare and yet there is no dearth The Husbandmen did excuse themselues and laid the fault vpon the Noblemen and Gentlemen for raising of their rents taking of Farmes into their hands and making of Enclosures Nobleme● and Gentlemen did impose the cause vpon Merchants and Artificers for selling things dearer than in times past which caused euery man to make the most of his owne according to his profession wherein the Artificers were easily dispensed withall considering their labours and Workemens wages buying also al things dearer So that the fault did wholly remain vpon the Merchants who haue the sole disposing of all Commodities exported and imported for the good or hurt of the Commonwealth which caused the King to enter into consideration of the aforesaid three Essentiall Parts of Trafficke namely Commodities Money and Exchange for Money by Bills of Exchange And ingeniously perceiuing that the vitall spirit of trafficke did consist in the matter of exchange for monyes because the same is the publike measure betweene Nation and Nations and that gaine was the radicall moisture of commerce which had his effectuall power in Exchanges his Maiestie thought good to call diuers Merchants to the consultation of this businesse being within their element to heare their opinion how to remedy the said inconuenience Three manner of Merchants Whereupon his Highnesse obserued three manner of Merchants The first which were the greatest number were ignorant of the fundamentall reasons of Exchanges and being carried with the streame neuer tooke notice of it but were guided therein by ignorant Brokers of Exchanges according to the rule of forraine Nations The second sort of Merchants were those that did altogether practise to make a benefit by Exchanges and Transportations of Monies and neuer did deale in Commodities at home or beyond the Seas and these would not confesse that there was any abuse committed by exchange The third sort of Merchants being the smallest number were men of wisedome and experience and yet they found the matter of Exchange to bee a mysterie vntill examination of the properties thereof and then like good Patriots they tooke a care for the welfare of the Common-wealth The first sort he did not regard because of their ignorance The socond sort he did compare vnto Vinteners Offenders vnfit to make Lawes who are not fit to be called to be Assistants in making of Lawes against drunkennesse and so reiected them But the third sort hee did imbrace as worthie Counsellors to reforme abuses and some of these were of opinion that by reason of the Base Money coyned in the latter end of the reign of King Henry the 8 al the forrain commodities were sold deerer which made afterwards the Commodities of the Realme to rise at the Farmers and Tenants hands and that the same was made deerer through plenty of Money and Bullion Inhaunsing of Siluer altereth the price of things which came from the West Indies and especially because an ounce of Siluer was inhaunced by the said King from fortie pence to fortie fiue pence and afterwards in processe of time was valued at threescore pence and that the operation of the said alteration doth still continue Others said that the prizes of things being risen was of no great moment because it was by denomination and not really for that which was called fortie before was now termed threescore according to the coynes of Siluer valued by the ounce as aforesaid But the wiser sort did goe further and comparing the prizes risen of forraine Commodities farre more than the prizes of our home Commodities they did acknowledge that there was an ouer-ballancing of commodities and found that the course of Exchange for Moneys was the efficient cause thereof For they did obserue that as the elements are ioined by Symbolization the aire to the fire by warmenesse the water to the aire by moysture the earth to the water by coldnesse So is Exchange ioyned to Monyes and Monys to Commodities by their proper qualities and effects whereby it did appeare vnto them First that our Monie being vndervalued in Exchange causeth the price of our home Commodities to be abated and to bee sold better cheape in forraine parts and is also the cause that our Monyes are exported Secondly the Monyes being transported taketh away the liuely course of trafficke of our said Commodities and causeth young Merchants to runne by Exchanges vpon Billes to maintaine their Trade paying great Interest for money which they cannot take vp by their single Bond as they can doe by Bill taking vp the same by Exchange without Sureties Thirdly this causeth young Merchants and others to make rash sales of their Commodities beyond the Seas to pay their Billes of Exchanges whereby they ouerthrow the Markets of others an● make them sell better cheape So on the contrarie the coynes being ouervalued in exchange and also inhaunced beyond the Seas caused the price of forraine Commodities to increase more than our natiue Commodities and our Merchants are compelled of course to make returne thereby because they cannot import those ouer-valued monyes but to their exceeding great losse And by exchange they find few Takers vnlesse it be our young Merchants which doe consume their estates by Exchanges and Rechanges For of the said three Essentiall parts of Trafficke Causes of the ouerballanceing of Commodities we haue but the vse of one as they obserued which is the buying of forraine Commodities to make returnes increasing therein the consumption of the said wares and not our owne monyes remaining hereby plentifull beyond the Seas the rather for that Bills of debt are as readie money passing betweene man and man causeth with them a liuely course of Trade whereby their Commodities are aduanced in price and sale neither are they compelled to sell them but at their price because they find money at interest at fiue and six in the hundreth This plentie of money is daily increased by our Merchants trading Spaine and all others who doe diuert the Royalls of Spaine from vs because of the inhaunsing of monyes beyond the Seas where they haue 25 vpon the hundreth gaine when with vs they make but 10 ꝑ cent This gaine is practised by exchange and would otherwise bee but imaginarie as shall be declared hereafter whereby we shall find that the said Exchange is still predominant and ouerruling the Monyes and Commodities CHAP. VI. A Geometricall Description of the World especially of EVROPE Measured by Millions of Acres of ground vpon the Mappe The Measure is one Million or ten hundreth thousand Acres THE Circumference of the roundnesse of the whole Globe of the world composed of Water and Earth is accounted to bee
pay for all and the ship shall also be liable thereunto according to indifferent iudgement If by storme a ship breake loose and run vpon another and indamage the same the losse to be repaired as aforesaid If a ship receiue damage by the anchor of another ship hauing his boy the same is to pay the damage and if both ships be in fault then the same to be borne proportionably When a ship is safely arriued to his place of discharge the Mariners are to be diligent to looke to their discharge Of discharging of ships and deliuering of goods vpon paine of halfe wages No Master shall sell any of the ships victuals vnlesse it were to preuent some losse and so bring the money to account or vpon necessitie of others to helpe them in distresse and the remaining victuals he is to deliuer to the Owners and the Mariners shall take no part thereof after discharge and the Purser of the ship is to looke to the safe keeping of it The Mariners are not to cast the ballast into the water but to cause the same to be carried to the appointed place Of the Masters reckoning and of the lading c. The Master is to deliuer instantly vpon his discharge a true account c. The portage of Mariners shall not bee allowed for Spaine nor France c. but when they are laden with salt then they may haue it homewards Of wagesextraordinarie The mariners deseruing well are to haue certaine extraordinarie wages and in all accidents and sicknesse to be prouided for all which is agreeable to the sea lawes before declared CHAP. XXXIIII Of Nauigation and Communitie of the Seas TRafficke and Commerce without Nauigation would be of small moment therefore euen as God the Author and Creator of all things hath made of the waters and earth on perfect globe for their more mutuall seruice to mans vse so hath he also distributed his seueral and distinct Blessings to diuers Climats to the end that by supplying the barrennesse of some things in one countrie with the superfluities and fruitfulnesse of other countries there might be a communication and entercourse betweene all nations by way of Traffick and Commutation of things interchangeably whetby one Common-weale should liue with another so that Trafficke betweene all people hauing peace one with another is free And according to the common right of mankind The law of Nations ●ure Gentium the Nauigation through all the world is no lesse free and open to euerie one than the vse of the ayre God hauing so disposed of the foure Eliments two to swim aboue mans head and two to lie vnder his feet the Earth and the Water Hence it proceedeth that passage both vpon land and sea through all Christian regions is and hath beene so indifferently permitted to all persons of all nations euen to Turkes Iewes Barbarians and Pagans not being professed enemies much lesse to be restrained therefore of Christians in all respects both by land and vpon the seas vnderstanding the great maine Ocean seas which cannot be hindered but by the right of wars This excellent art of Nauigation is now so much practised and knowne that the voyages heretofore performed by sir Francis Drake knight and after him by master Candish sayling round about the globe of the earth in lesse than three yeres time is become no matter of admiration and may be done in far shorter time as dayly experience doth proue Maruellous is that naturall propertie of the Magnes called the Loadstone or Adamant stone Of the variation of the Compasse whereby the needle of the Compasse being touched immediately turneth to some one certaine point of the heauens and after sundry motions hither and thither findeth rest onely in one place and point And albeit this point in seuerall Horizons be different yet in any one Horizon it remaineth permanent and therefore it plainely appeareth that the same proceedeth of some constant permanent cause naturall and not of any vncertaine cause accidentall but what this cause should bee is hitherto vnknowne The most probable and best allowed is the point Attractiue which should be of such vertue as to draw the needle touched alwayes towards the same point affirming that there is a great rocke of Magnes stone distant from the Pole certaine grades I haue of late yeares seene a Magnes stone which the partie said to haue had from a rocke in Sweathland which weighed not much more than one pound and such was the Attractiue power of it that thereby an Anchor of thirtie pound weight was drawne vp as my selfe and diuers others haue made triall of howsoeuer this Mathematicall reason following is worthy the consideration of a good iudgement As the Axis of the earth notwithstanding all other motions remaineth as it were immoueable and yet in respect of the Sphericall forme of the earth in euery seuerall Horizon maketh a line Meridionall by reason of the Section made in the superficies of the Horizons by Meridians hauing all that Axis as their common Diameter So may it also come to passe of the line of the needle and his variation the needle being alwaies permanent in one plaine superficies according to the seuerall Section of the plaine wherein it resteth and the Horizon there may continually bee made in euerie plaine new variations For a fimile as in a paire of ballance of equal weight there is a certaine motion too and fro before they find their true place of rest the same being onely in the leuell of the Horizon which commeth to passe by the Attractiue Center of the earth who drawing vnto him either weight with like fo●ce finding the substance like also compelleth them to rest in the superficies like distant from that Attractiue Center so in the needle being a bodie indued with two seuerall properties the one of Grauitie and the other of Leuitie which being equally peized forceth him to abide in the Horizon the other being Magneticall and receiued by the touch causeth him to rest alway in that one Meridian to the Magnes appropriate it thereby commeth to passe that after sundrie ballancing this way and that way it onely settleth in the common Section of this peculiar Meridian and Horizon So that euen as in Dialls the line of the stile onely accordeth and concurreth with the Meridian line in such as are void of declination but in all such plaines as are declinatorie the line of the Stile varieth from the Meridian line and the same Angle of variation also altereth as well in respect of inclination as declination so it may be supposed this variation of the Compasse to be nothing else but the Angle comprehended betweene the Meridian line and the common Section of the Magneticall Meridian to the Horizon in the Horizonceall plaine and this Angle to bee alwayes exactly equall to the Angle contained of the Meridian line and line of the Stile the Longitude of the place proponed accounted from the Magneticall Meridian being equall
are but one and so is Coniunction and Putrifaction likewise Cibation and Fermentation then followeth Congelation and at last Multiplication and Proiection which are also but one For mine owne part seeing that no man can be perfect in any one Science I hold it not amisse for a man to haue knowledge in most or in all things For by this studie of Alcumie men may attaine to many good experiments of distillations Chimicall Fire-workes and oth●r excellent obseruations in Nature which being farre from Merchants profession I hope shall not giue offence to the Reader of this Booke seeing it is but in one Chapter accidentally handled Neither will I craue pardon of the Muses as it were insinuating to the world to haue a far greater knowledge in these trialls or conclusions but to satisfie the curiositie of some that it may be with a gaping mouth expect to vnderstand somewhat of the Stuffe put into these glasses I may say as I was informed That in some was the calcined ore of Sil●er and Gold in some other Mercurie calcined and Sulphur in some other Arsenike for the Ayre Sulphur for the Fire Mercury for Water and Seacoale for the Earth were put altogether as the four Elements In some other glasse was Vitrioll and Orpiment and what more I doe not now remember concluding That where Nature giueth abilitie Art giueth facilitie I haue read all the Bookes of Paracelsus that I could find hitherto and in his Booke De Transmutatione Rerum I doe find to this purpose the obseruations following concurring with my friends opinion concerning Ripleys 12 Diuisions comprized into sixe and the seuenth is the matter it selfe and the labour or working resteth wherewith I doe end this Chapter and proceed to the surer ground of the Mines of Mettalls Omne quod in Fri●ore soluitur continet Aerum Spiritum salis quem in sublimatione vel distillatione acquirit assumit Omne quod in Frigore vel Aere soluitur iterum calore Ignis coagulatur in Puluerem vel Lapidem Solutio verò Caloris soluit omnia pingua omnia Sulphurea Et quicquid calor ignis soluit hoc coagulat Frigus in mass●m quicquid calor coagulat hoc soluit rursus Aeer Frigor Gradus ad Transmutationem sunt septem Calcinatio Sublimatio Solutio Putrifactio Distillatio Coagulatio Tintura Subgradus Calcinationis compraehenduntur Reuerberatio Cementatio Sub Sublimatione Exaltio Eleuatio Fixatio Sub Solutione Dissolutio Resolutio Sub Putrifactione Digestio Circulatio qui transmutat colores separat purum ab impuro purum superius impurum inferius Sub Distillatione Ascensio Lauatio Fixatio Coagulatio est duplex vna Aeris altera Ignis Tintura tingit totum corpus est fermentum massae farinaceoe panis Secundum est Quod calidius liquescunt eo celerius tintura transcurrit sicut fermentum penetrat totam massam acetositate inficit c. Sequitur Mortificatio Fixatio sulphuris in Libro de Resuscitatione Rerum Reductio metallorum in mercurium vivum CHAP. II. Of Mines Royall THe Mines called Royall are only of Gold Siluer and Copper of which three mettalls Princes made choice to make their moneys of simple or mixed as shall be hereafter declared But for as much as Siluer is found in the lead Mines and that the siluer Mines haue their Ores mixt with hard lead also it happeneth many times that there are great questions about these Mines when Princes will claime their interest in some lead Mines because they are rich in siluer as of late yeares betweene Queene Elizabeth and the Earle of Northumberland as you may read in Master Plowdens Commentarie of Booke Cases where it was adiudged That if a Mine be found richer in siluer of more value within the Ore than of lead all charges of the working of both mettalls being fully paied the Prince may claime the same to be a Mine Royal wherein must be had great aduisement some Ore in one place being richer than other Ore in another place of the same Mine whereof we may handle in his proper place of other Mines Beginning therefore with Gold the most precious mettall Gold Mines let vs obserue That the same is found in hills riuers and in the earth but not mixt in Ore as Siluer Copper and other mettals That which is found in the riuers is the finest as containing lesse corruption and is all of one goodnes otherwise There is Mayden-gold so called because it was neuer in the fire Naturally all Gold hath a little Siluer in it as also some Copper and comming out of the ground it is soft and doth harden by the ayre Such Gold as hath no need to be refined but may be vsed according to his finesse in workes or to make money is called Aurum obrison such was the Gold which sir Beuis Bulmer knight brought out of Scotland found in the sands of the riuers neere vnto the Gold Mines of Crayford-moore Crayford Moore in Scotland which was aboue twentie and two Carrats fine and better than the French crowne Gold I saw some eighteene ounces of it which was in big graines some like pease found out by the Sheepheards by whose meanes that place hath beene discouered in the latter time of queen Elizabeth Some other Gold hath beene found out also in Scotland within a white sparre wherin it groweth neere the superficies of the earth runneth into smal veyns like pins fit to be refined by quicksiluer from the sparre because it is as pure Gold as any found in Africa or Barbarie which we call Angell Gold holding but halfe a graine of Allay I haue seene the like sparre of Gold which was found in England in countie of Lincolne at Brickell hill neere Spilsbie by Lincolne Brickell Hill in England But neither this place or any other are lookt into for the reasons hereafter declared being right worthie to be regarded with a curious eye and an industrious vnderstanding and consequently many other whereof this Monarchie of Great Brittaine is rarely blessed and especially in Scotland where much barren ground is for God in his diuine wisdome doth counteruaile the said barrennesse of the soile with the riches contained within the bowels of the earth as in fertile ground with the Corne and fruits growing vpon the superficies thereof An obseruation to find out any Mines which may serue vs for an obseruation especially where we find riuers of water running about the hillie places in dales which the Spaniards did so much regard in the West-Indies seeking after Mines that in all places where they found not the same they presently gaue ouer the search after them Gold doth come out of many countries as out of the mountaines in Bohemia riuers of Pannonia in Hungarie out of the kingdome of Sweaden but it is all exhausted There was wont to come out of Spaine of the riuers and mountaines aboue twentie thousand pound weight yearely