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
ouerrunne and their nets broken It is also prouided That fishers shall not hurt one another and the measure of their nets are limited in length and breadth and also that no drag-net be set before March nor vpon deeper water than foureteene fathome Also that they shall be honest and true and not lie to their neighbours being asked concerning the length and depth of their ropes or tewes when they are in driuing neither shall they wittingly and willingly suffer their tewes to flit and run ouer one another vnder paine of ten pounds for euerie offence That till Sunne set on Sunday no man lay nor hale nets or great lines or exercise any labour vpon paine as aforesaid And for the incouraging of Fishers in the North and West Isles of Scotland there is a Statute prohibiting all exactions to bee taken of them but onely the Kings Custome vpon paine to be found to be a manifest oppressor And Concerning Fishers and dealers or traffickers with fishes it is also ordained That not onely all fish slaine and taken neere to the coast of Scotland be brought to the market places Lawes of Scotland for fishes taken where the taker dwelleth or the neerest place thereunto but also all the fishes taken in the North or West Isles or Forts to be brought directly to the townes where the Fishers dwell to the end the countrey bee first serued and the fish offered to the market places from which none may carrie them to packe and pile but onely betweene the houres of eleuen and two in the afternoone vpon paine of forfeiture of the same In which markets it is lawfull to the Prouost and Bailifes to set downe prices and to compell the Packer and Piler to sell againe for the need of the subiects which being done they may transport the remainder where they will and if they commit any contempt then their fish is forfeited two parts to the King and the third to the Magistrate In like manner concerning the barrelling of fishes Barrelling of fishes it is ordained that the measures prescribed of old shâ—ll bee kept namely each barrell of Herrings or of white fish to be of twelue gallons and the barrell of Salmon of fourteene gallons according to the measure of Hamborough vpon paine of forfeiture and fiue pounds to be leuied from the Cooper and therefore hoop yrons to bee made in each towne for the triall and gaging thereof All which concerneth the Law of Merchants the particular knowledge of euery one of them Let vs now remember in this place the fishing of New-found-land The fishing of New-found-land and the Whale fishing with the profit and commodities of the same as they are obserued by the aforesaid Captaine Whitebourne who affirmed vpon his owne knowledge That the French Biscaine and Portugals can make two voyages yearely to New-found-land with 400 sayle of ships and get thereby an incredible wealth besides English ships whereof he saith That in the yeare 1615 there was 250 â—ayle of ships great and small the burthens and tunnage he esteemed to bee one with another 15000 tunnes at 60 tunnâ—s and 20 men and boyes to euerie one therein were imployed aboue 5000 persons by whose meanes there was taken by euerie ship aboue sixe score thousand fish and fiue tunnes of Trayne oyle which being brought into England France or Spaine and sold after the rate of foure pounds for euerie thousand of fish and 120 fishes to the hundred will amount to sixe score thousand pounds which is not aboue one penny a fish The Trayne oyle amounting to 1250 tunnes at 12 ll amounted to 15000 pounds so the totall sale was 135 thousand pounds omitting to reckon the ouerprices which were made and gotten by the sale thereof in forraine countries The consideration that all this and the like wealth procured by fishing is done by the labour and industrie of men with exportation of money and exchange or other commodities to be commuted or bartred for them is worthy the obseruation Necessarie points to be considered touching the fishing trade and by the trade of it moneys are to be had plentiously and all forraine commodities also to the inriching of Common-weales where many numbers of people are set on worke and relieued as Bakers Brewers Coopers Shipwreights and Carpenters Smiths Netmakers Ropemakers Line-makers Hookemakers Pullymakers and many other trades to make the necessary prouision of the fishing voyages wherin the lame impotent all poore people may haue imployment for their maintenance Greene-land fishing Touching the Whale fishing especially in Greene-land for the making of Traine oyle the same is much augmented by seuerall Nations since that the Biscayners and Bayoneses haue taught the manner of taking of them casting harping yrons into their vnweldie great bodies when they are on shoare for want of water otherwise verie nimble in the Seas For they haue a great feelâ—ng and their flesh is viscosite or oylie The manner of Whale ketching apt for swimming and as soone as the harping yrons haue strucken them they runne towardes the bottome aboue a hundreth fathomes deepe as the lines which are fastened thereunto will giue way So that sometimes it will bee aboue two houres before they come vp being ordinarily aboue twentie foot in length and then being hoysed vp to the sterne of the ship the flesh is pared off and swimmeth vpon the seas and the rumpe of the bodie is letten fall againe and then the flesh boyled and pressed maketh Trayne oyle which yeeldeth good benefit if the voyage bee not ouercharged by expences For preuention whereof let vs note the proportion for the victualling of fiftie men for eight moneths A proportion for victualling of ships of a ship of 200 tunnes and cast Merchants or Fishermens account accordingly for the greater or lesser number of persons or the longer or shorter time of victualling more or lesse also in price 50 men are 12 ½ Messes being foure to a messe by distribution  ll ss d. Bisket a pound ê‘ day to a man is 120 quintals at 9 ss 47 16 0 Syder and Beere one hogshead a day with cask yron bound 12 tuns at 50 ss and 48 tuns caske at 20 ss more 25 tuns of Beere at 50 ss and 35 tuns Syder at 50 ss is 180 0 0 Water caske new and yron bound 10 tuns at 45 ss 22 10 0 Beefe two pound ê‘ day is 100 ll weight for three dayes a week is in all 96 dayes and 8500 and 3 quarters at 26 ss the hundreth is 111 0 0 Caske yron bound 500 weight in a Hogshead repacked and Salt 12 0 0 6000 Newfoundland fish at 4 ll 10 ss with the caske is 27 0 0 24 Bushels of Pease 20 bushels of Oat-meale two barrells of Oyle 14 12 0 Butter sixe firkins Cheese ½ ll a day Aquauite and vinegar 60 0 0 Candels Platters Chirurgeons Chests c. 65 0 0  539 18 0 which said summe of 539 ll 18 0 amounteth vnto 28 ss
other hauing meanes more than sufficient to maintaine the trades considering the great summes of money deliuered at interest although the money in specie be wanting which by these meanes would be supplyed And concerning the priuiledges graunted to seuerall societies it will bee easie to reconcile them by good orders to be obserued in the fishing trade wherein all men of seuerall companies may participate and the generall good is alwaies to be preferred before the particular and that societie which is against the common good ought not to bee admitted or continued for any priuate respect Answere To the second obiection That other nations are more painefull and industrious and haue more skill in the cutting salting and packing of fish and pay no fraight for the transportation of their fish Suppose it be so as you say for the present yet you cannot denie but that the same may be amended by vse and custome seeing our people can endure all climates and hardinesse as well as others and by good orders and gaine may be allured to vndertake labour and pains when want breedeth industrie and gaine is like a second life The managing to make fish more merchantable and vendible may be learned of others in time and for wages men will be procured that shall teach others we know that the prouerbe is true omne principium graue The like may bee said touching the fraight of shipping which in processe of time may be had in the same manner if the coast Townes of England were made and appropriated to bee the Ware-houses or Megasins for the grosse commodities of those countries where the Herrings are sold For the scituation of England is farre more commodious to send away the said commodities for all other countries and in diuers places at all times and seasons of the yeare when their countries are frozen for many moneths together or want many times winde and weather to performe their voyages which was the cause that the Hamburgers could not conueniently continue their fishing trade as is alledged Hauing answered sufficiently as I hope the two maine obiections against the fishing trade let vs now examine the benefit of it by the calculation made by the said gentleman Now to shew truely saith he what the charge of a Busse will be with all her furniture as Masts The whole charge of a Busse Sailes Anchors Cables and with all her fishers implements and appurtenances at the first prouided all new is a great charge she being betweene 30 and 40 Last will cost fiue hundreth pounds and may continue 20 yeares with small cost and reparations but the yeâ—rely slite and weare of her tackle and war-ropes with her nets wil cost 80 pounds And the whole charge for the keeping of her at sea for the whole Summer or three voyages for the filling of a hundred Last of caske or barrels 100 Last of barrels 72 ll For salt 4 moneths 88 ll Beere 4 moneths 42 ll For bread 4 moneths 21 ll Bacon and butter 18 ll For pease and billets 6 ll For mens wages 4 moneths 88 ll 335 ll A hundred Last of barrels filled and sold at 10 pounds the Last is 1000 ll 0 0 The charge deducted 335 0 0 Gotten 665 0 0 Here saith he plainely appeareth The profit of one Busse that there is gotten 665 pounds in one Summer whereof if that you do deduct one hundreth pounds for the wearing of the ship and the reparations of her nets against the next Summer yet still there is 565 ll remaining for cleere gaines by one bâ—sse in one yeare rating the Herrings sold but at ten pound the Last which is commonly sold by the Hollanders at Danske for fifteene and twentie pounds The charge of a Pinke of eighteene or twentie Last Of â— Pinke making fifteene Last of barrel fish he accounted accordingly to cost 260 ll and the prouision and wages to be for two moneths 57 ll and the Last sold at 14 ll 8 ss or 24 ss the barrell there is resting gaine for fifteene Last of barrell fish 158 ll He hath noted moreouer that besides the Hollanders the French men of Picardie haue also a hundreth saile of fishermen onely for Herrings on his maiesties seas euerie yeare in the Summer season and they be almost like vnto Busses but they haue not any gagers to come vnto them but they do lade themselues and returne home twice euerie yeare and find great profit by their making of two voyages yearely And hereupon he concludeth with an exhortation to all noble Exhortation for the fishing trade worshipfull and wealthie subiects to put too their aduenturing and helping hands for the speedie launching and floating forward of this great good common-wealth businesse for the strengthning of his maiesties dominions with two principall pillars which is with plentie of coine brought in for fish and Herrings from forraine nations and also for the increasing of mariners against all forreine inuasions and for the bettering of trades and setting of thousands of poore and idle people on worke But now returning to the lawfulnesse of fishing wherein we are to obserue That albeit hunting hawking and fishing be of one kind as subiect to a like law and libertie because that any wild beast fowle or fish being once taken by any man commonly it becommeth his owne proper by the law of nations yet there is a difference between these three and although hunting and hawking be almost euerie where lawfull yet fishing is forbidden in other mens ponds stankes and lakes as comparable vnto theft Statute Lawes of England Scotland and Ireland concerning fishing THe seuerall Statutes of these kingdomes haue established good orders concerning the fishing trade whereunto relation may be had containing in substance the ordinances to build ships and boats and appointing of certaine times for fishing and then onely to fish vpon paines not onely of forfeitures and fines but death also according to the manner of offence made and contempt of those decrees and ordinances Prohibiting for the increase of fishes the making setting and vsing of crowes yarres dams ditches tramlets parkings dyking in any waters where the sea ebbes and flowes and albeit some are permitted to lay nets and to make weares yet must he keep the Saturdaies slop that is to lift the same from Saturday in the afternoone vntill Monday And he is to make each space or mesh of his nets three ynches wide except for taking of Smelts and other fish which will neuer be bigger and the same is to be set vpon the water that the midstreame may haue the space of six foot wide vpon paine of fiue pounds The priuiledges of fishers And concerning the fishers safetie and priuiledges it is prouided That all ships sayling to catch Herrings shall during the taking of them let downe saile after day-light is past and let their anchor fall and keepe watch with lanterne and light vntill the day light appeare least otherwise the poore fishers should be
dignitie and to bee cherished for by them Countreys are discouered Familiaritie betweene Nations is procured and politike Experience is attained Whereupon I haue beene mooued by long obseruation to put the worthines of the Customarie Law of Merchants in plaine and compendious writing by vndoubted principles familiar examples and demonstratiue reasons without affectation of curious words more than the grauitie of the Theame in some places did require I haue intituled the Booke according to the ancient name of Lex Mercatoria and not Ius Mercatorum because it is a Customary Law approued by the authoritie of all Kingdomes and Common-weales and not a Law established by the Soueraigntie of any Prince either in the first foundation or by continuance of time And beginning with Time Number VVeight and Measure I doe descend to the three Essentiall Parts of Trafficke diuided into three parts accordingly by comparing them to the Bodie Soule and Spirit of Commerce namely Commodities Money and Exchange for money by Billes of Exchanges The first as the Bodie vpheld the World by Commutation and Bartring of Commodities vntill money was deuised to bee coyned The second as the Soule in the Bodie did infuse life to Trafficke by the meanes of Equalitie and Equitie preuenting aduantage betweene Buyers and Sellers The third as the Spirit and Facultie of the Soule being seated euerie where corroborateth the Vitall Spirit of Trafficke directing and controlling by iust proportions the prices and values of Commodities and Moneys For euen as Merchants are the Instrumentall Cause of Trade euen so is the Exchange for Moneys the Efficient Cause with vs in the course of Trafficke and become Predominant or ouerruling the price of Commodities and Moneys as aforesaid This is manifested by three Paradoxes alluding to the said three Essentiall Parts of Commerce which for a Corrollarie I haue added in the latter end of this Booke with such other worthy obseruations as in the first Chapter are declared And euen as the roundnesse of the Globe of the World is composed of the Earth and Waters So is the Bodie of Lex Mercatoria made and framed of the Merchants Customes and the Sea-Lawes which are involued together as the Seas and Earth In the description whereof I have vsed to make repetition of the Materiall points according as occasion did minister vnto me for to make application thereof for the better vnderstanding of the Iudicious Reader which is the maine Scope that all Writers are to regard and care for The meanes whereby the differences and controuersies happening betweene Merchants in the course of Trade are ended is also declared which most of all require Breuitie and Expedition and had need of a peremptorie proceeding as was inuented for the Common Law of the Realme of England the due commendation whereof is added heereunto shewing also how of the same there might bee made an Art or Science and what obseruation of other Lawes are concurring with ours both in the strictnesse of Law and the lenitie of Equitie most consonant with the Law-Merchant the knowledge whereof is of so great consequence that without it all Temporall Lawes are not compleat but imperfect The Scope of all therefore is That the Rule of Equalitie and Equitie may take place betweene Vs and other Nations which Velut Ariadnae caecaregens filo vestigia non modo nos errare non sinit fed etiam efficit vt aberrantes in rectam viam deducamur as hath beene mentioned in our last Treatise of the maintenance of free trade lately published Concluding gentle Reader vpon all the premisses handled as I hope substantially I commend and submit the same to the louing entertainement of the profound and discerning iudgement of the discreet wise and experienced wishing that like matter set downe by the Penne of Apollo they may sound sweetly in your apprehention and giue to your conceit most harmonious Musicke Pleasure and Delight London the 25 of Nouember 1622. Thine to vse alwaies readie GERARD MALYNES A TABLE OF THE CONtents of the first part of Lex Mercatoria or the ancient Law-Merchant concerning Commodities compared to the Bodie of Trafficke Chapter Pag. 1 AN induction to Lex Mercatoria or the Law-Merchant and the antiquitie thereof 1 2 An obseruation concerning Time 8 3 Of Number and the mysteries thereof 17 4 Of Weights and Measures vsed in all places of the world with other obseruations 19 5 Of the three essentiall parts of trafficke namely Commodities Money and Exchange of money by bills of Exchanges 58 6 A geometricall description of the world especially of Europe measured by millions of acres of ground vpon the map 66 7 Of the Commodities of all Countreyes whereby commerce is maintained 70 8 Of Commutation or bartring of commodities 83 9 Of ordinarie buyings and sellings of Commodities 91 10 Of Suretiship and Merchants Promises 93 11 Of the reuolution of buying and selling of Commodities in the course of Trafficke 95 12 Of the transferring and setting ouer of Billes obligatorie betweene Merchants and others 98 13 Of the Nature of Billes obligatorie beyond the Seas and in England 101 14 Of Letters of Credit and Blankes signed 104 15 Of Letters of Atturney or Procurations and Transports and Conueyances 106 16 Of Factors and seruants and Commissions giuen vnto them 111 17 Of the beginning of Sea Lawes 119 18 Of the manner of proceeding in Sea-faring Causes 121 19 Of buying and selling of Commodities by Contracts 122 20 Of Bankes and Bankers 131 21 Of the Fraighting of Ships Charterparties and Billes of Lading 134 22 Of the Master of the Ship his power and dutie of the Master to the Merchant 142 23 Of the dueties and priuiledges of Marinors 144 24 Of the office of Assurances and the ancient custome of the same 146 25 Of Pollicies of Assurances and the substance of them and of contributions 150 26 Of the manner of Contribution or Aueridges 157 27 Of the particulars to be obserued in Assurances 159 28 Of the manner of proceeding for Assurances in case of losses 161 29 Of Shipwrecke and things found vpon the seas 167 30 Of partners and ships voyages 169 31 Of moneys taken vpon bottomarie by the Master of a Ship called Foenus Nauticum 171 32 Of Shipping and Nauigation 173 33 An Abridgement of the imperiall Sea Lawes of the Haunce Townes made in the yeare 1614. 175 34 Of Nauigation and Communitie of the seas 182 35 Of the distinct Dominions of the seas 185 36 Of Customes Subsidies and Impositions paied vpon commodities 193 37 Of Merchants Wagers Stipulations or Conuentions 197 38 Of Merchants markes set vpon commodities 199 39 Of the buying and selling of commodities by Brokers and by the Candle 201 40 Of buying of Commodities by Condition termed Capiticus and selling things vpon casualties 203 41 Of diuiding of commodities by Lots 205 42 Of Assotiations Monopolies Engrossings and Forestallings 210 43 Of Merchants Oppignorations 218 44 Of the proceedings vsed against Bankrupts 221 45 Of Manufactures 229 46 Of
Marriners and owners of Ships 9. The customes subsidies impositions tribute and tolles payed vpon all the commodities imported and exported within the dominions of all Princes 10. The manner of making of Assurances vpon goods ships the persons of men or any other things aduentured by sea or by land and the customes obserued therein betweene nation and nations 11. The keeping of Merchants accounts by Debitor and Creditor and the calculation of the diuersities of money whereby the said bookes of account are kept 12. The authoritie and proceedings of Merchants Courts or Priors and Consuls to decide their differences according to equitie in places where they are kept or any other lawes imperiall or common to some countries whereby Merchants controuersies are determined with the course of attachments and sequestrations or executions and finall determinations by arbitrators or iudiciall decrees in any Chauncery or Court of Equitie All these making the customarie law of Merchants haue neuer beene written by any Ciuilian or Phylosopher The customary Law of Merchants nor for ought I know of any author as is conuenient for Merchants whereupon I haue with Gods assistance resolued to handle the same compendiously and substantially in this booke vpon fiftie yeeres obseruation knowledge and experience And albeit that the sea lawes are comprehended therein whereby the proceedings might seem to be promiscuously handled neuerthelesse the method is followed as neere as the matter could affoord according to the said three Essentiall parts of trafficke or the three Simples of commodities Money and the Exchange of money by Bills of exchanges as hereafter may appeare And this Law of Merchants hitherto obserued in all countries ought in regard of commerce to be esteemed and held in reputation as the Law of twelue Tables was amongst the Romanes For herein you shall find euery thing built vpon the foundations of Reason and Iustice and knowing the foresaid twelue points you shall be able to please your owne minde and giue satisfaction of your sufficiencie to others For the saying is true Melius est Ciuitatem ab optima lege quam ab optimo viro gubernari It is better to gouerne a Citie by a good Law than by a good man And it is better for a man to be ruled by Reason than by his owne Reason to seeke to rule others Finally to giue satisfaction to the learned and judicious I haue abstracted the obseruations of the learned in the Ciuile Lawes vpon all the precedent points and added them vnto the following Chapters distinctly from the Customes of Merchants vsing the ordinary name of Ciuilians in generall without naming any particular Author to auoid ambiguitie and vncertaintie in the Contents of this Booke diuided into three parts according to the said three Essentiall parts of Trafficke CHAP. II. An obseruation concerning TIME ALL men of iudgement and vnderstanding doe know that there is nothing more necessary for the knowledge of Histories and diuers estates of the world than the obseruation of Times without which great obscuritie and errors will be found in the Actions of men aswell in matters of Religion as in ciuile gouernment where Merchants in regard of their Trafficke and Commerce haue the managing and disposing of the wealth of Kingdomes and Common-weales So that it behoueth them to obserue the yeeres moneths weekes Merchants are to obserue Time and dayes and sometimes the houres of their negotiation with the course of the Moone and the ebbing and flowing of waters the variation of windes and alterations of weathers for stormes at the seas and vnseasonable Times on land whereby the haruests doe faile and commodities become to be plentifull or scarce and the prices thereof deere or good cheape with many other considerations incident in the course of buying and selling of commodities and in receiuing and paying of moneys To make a definition of Time will in one respect be verie difficult if we consider that Time is inseperably conioyned with Eternitie But if we obserue the attribute of Time and doe distinguish things orderly we shall easily perceiue what Time is and make vse thereof The attributes of Time Time is the consumer of all things Tempus edax rerum Time is the discouerer of all things Veritas filia Temporis Time is vncertaine and wanteth bounds Tempora mutantur c. Times minutes past no treasure can restore Irrevocabile Tempus Time doth pierce the hardest flint Gutta cavat lapidem non vi sed sepe cadendo Time hath a salue for all extremities and yet begetteth vsurie Times office is to end the hate of foes Times glorie is to calme contending kings Time is a tutor both to good and bad and doth discouer the affections of the mind Time offers still each houre to do amisse Time breedeth griefe and heales when Art doth faile By Time and Wisdome passions are supprest In Time small wedges cleaue the hardest oakes Time is the Anchor both of Trueth and Right Time hath set downe the compasse of his course Times motions do equall the reeling Sunne Time measureth our actions Time is the best gouernour of all our councells Time on the weariest wretch bestoweth rest Both Life and Loue in Time must haue an end Many more attributes may be bestowed vpon Time But we shall find vpon due consideration that Time is but a distinction and measure of all things and betweene all things Concerning the reuolution of Time let vs obserue That euen as God the Author and Conseruer of all things in a comely and decent order The reuolution of Time hath appointed a succession and progresse of Time for accomplishment of the naturall course thereof So hath he appointed certaine Periods and Reuolutions of Time wherein things returne to the same or like estate wherein they were before As we see in the motions of the Heauens and consequently in the seasons of the yere all which are measured by Time The Sunne the Moone and the Starres to haue their particular and distinct reuolutions wherein they accomplish their courses and returne after a limitted and determinate space of Time to the places from which they did depart The Sunne compleating his course and Reuolution in 365 daies and almost sixe houres or a quarter of a day as shal be declared which is that space of Time which wee call the yeare termed Annus qui Annulus Annus quasi Annulus taking the similitude from a Ring which caused the Egyptions to make the figure thereof in their Hierogliphicks like vnto a serpent byting his owne taile The Moone by her Reuolution in the Sphere in 28 daies or thereabouts determinates vnto vs the moneths as the Sunne doth the daies and houres Saturnus the Planet maketh her Reuolution in 30 yeares Iupiter in 12. yeares Mars in two years and Venus and Mercurie in 360 daies or thereaboâ—ts The fixed starres haue also their peculiar Motions and Reuolutions The knowledge of all which is both pleasing and necessarie vnto judicious Merchants And because Time is
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
a summe of money of the owners of a ship in consideration that he fraighteth the said ship for a voyage promising to repay the said money at the returne of the said voyage if the said Factor haue fraighted this ship for another mans account this Merchant is to haue the benefit of this money during the time and if the Factor conceale the same he is to repaire the damage thereof which is to be considered both for the interest and aduenture of the seas for the said owners beare the same and it is supposed that the Merchant would haue assured so much the lesse or by imploying that money towards the lading of the ship he should disburse to much money lesse to make the said voyage and it may be thought that in regard of that money the fraight is made the greater whereof the said owners of the ship haue had a consideration by disbursing the same Assurance If a Factor be required to make assurance for a Merchant vpon a ship or goods laden for a certaine voyage and haue moneys in his hands to pay for the Premio or the price of assurance and this Factor doth neglect the same and giueth no notice of it to the Merchant who might haue made assurance in another place and the said ship or goods do perish at the seas this Factor is to answere the damage vnlesse he can giue some sufficient reason for the non-performance of the said order or Commission Composition made without order If a Factor hauing made assurance vpon goods laden which afterwards are taken by the enemie maketh any composition with the assurers for the same without order or Commission for it he is to answere the whole assurance to the Merchant A Merchant caused a ship to be fraighted and laden with commodities for Constantinople by a Factor of London himselfe dwelling at Antuerpe and being a subiect to the king of Spaine in the late warres caused 2000 ll to be assured at London vpon the said goods the ship and goods was taken by the Gallies of Sicilia and brought to Palermo where it was proued that the goods did appertaine to the King of Spaine his subiects but that there was 2000 ll assured at London by English Merchants their enemies in those daies pretending thereupon to take the said goods for forfeited or so much of them as should amount to the summe so assured Hereupon the Assurers hauing intimation from the Factor of it desired to make some composition to auoid that danger whereby the goods also might bee sooner cleered and the possession obtained for the owner and proprietarie thereof which was the Merchant of Antuerp wherein expedition was required The Factor in regard of the said expedition did not stay to receiue an answere from the Merchant what hee should doe but maketh a composition with the assurors for 60 pound for the hundreth pound to be payed instantly The goods were afterwards all recouered whereof so much as had beene assured was formerly relinquished to the assurors for the Merchant would not condescend to make any composition with the assurors So that the Factor did beare the aduenture to lose 2000 ll for some 1200 ll which hee had receiued if the goods had not beene recouered and therefore the said Factor tooke to himselfe the benefit of this composition by the aduice of the experienced Merchants If a Factor by errour of account doe wrong vnto a Merchant Accounts hee is to amend and to make good the same not onely for the principall but also with the interest for the time So on the contrarie if a Factor for his owne wrong haue forgotten to charge the Merchants account with some parcells payed out for him or made ouer by exchange the Merchant is to answere for it with interest for the time In these precedent obseruations are comprised all other cases of differences which may happen betweene Factors and Merchants CAHP. XVII Of the beginning of Sea Lawes HAuing in the former Chapters methodically intreated as also in this hitherto of the matters therein intended neuerthelesse according to the Contents of them the matter being of seuerall natures runneth promiscuously but in the end will performe the worke For as the roundnesse of the Globe of the world is compounded of the Waters and the Earth So this worke of the Law-merchant cannot be compleat without the Sea Lawes so called Lawes because they are written and knowne for without Nauigation Commerce is of small moment so that the Land affaires shall be intermixed with Sea-faring matters accordingly Some doe attribute the first making of Sea Lawes to the Pheniciaus and Carthaginians because Plinie doth ascribe the Art of Sayling vnto them But by the most ancient Records the Beginning must be from the inhabitants of the Island of Rhodes Rhodian Law scituated within the Mediterranean Sea who were most famous for shipping and sayling as Strabo hath written and surpassing all Nations in knowledge of equitie in Maritime causes and the Mediterranean Sea was for aboue one thousand yeares onely ruled by their Law called the Rhodian Law although augmented with some additions of the Romanes At last as some haue recorded when all sorts of Lawes by the euersion and lacerating of the Romane Empire were in a manner buried the Rulers of Rome in the yeare 1075 made new Sea Lawes and Statutes and so did euery chiefe Seafaring Towne vpon the said Mediterranean Coast adding thereunto other ordinances So did they of Marseilles in the yeare 1162 Genoa in the yeare 1186 they of Peloponessus called Morea in the yeare 1200 the Venetians in the yeare 1262 Constantine 1270 Iames King of Arragon the said yeare Peter King of Arragon 1340 and they of Barselona 1434 Which Lawes are collected and extant vntill this day But on the great Ocean Seas The Law of Oleron the first Lawes were made by the inhabitants of the Island of Oleron scituate on the Sea-coast of France neere Saint Martin de Rea against the Riuer of Charante which was called Le Roll d' Oleron by which the controuersies on that Coast were determined and the said Lawes were afterwards dispersed and brought in vse in England and the Low Countries whereupon diuers Statutes both in England and Scotland haue been enacted for Sea-faring businesse and in like manner diuers ordinances in the Low Countries especially since their fishing trade began Edward the third King of England caused with the aduice of diuers men of knowledge and experience in Maritime causes diuers Articles to be set downe Admiraltie Court in France and these were enrolled and obeyed for the gouernement of the Admirall Court and the French King Iohn made his Contracts with King Edward accordingly concerning the fishing trade as by the Records extant in the Tower of London where I haue seene them may appeare Francis the French King and Henrie the third of France haue made some Statute Lawes concerning the Courts of Admiraltie but the substance of all
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 â—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 foâ—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
to the declination of the Dialls plaine superficies making computation from South to East circularly and the Latitude of the place equall to the complement of the inclination of the same superficies Horologicall wherein euery man at his pleasure may iudge with vnderstanding if hee haue tasted but of the first principles of the Mathematikes or Cosmography And hauing made mention of the Attractiue Center I call to memorie a conference which in the yeare 1606 being in Yorkeshire about the Allome Mines and certaine Lead Mines in Richmondshire passed betweene the Archbishop of Yorke Doctor Matthew and my selfe in presence of Ralph Lord Eure with whom I went to Yorke to congratulate the said Archbishop newly come to that See which was concerning the Center of the earth which hee said was vnknowne vnto him what to coniecture of it whereupon we entred into a large discourse insomuch that from the lowest Center wee did clime and ascend to the highest Climate by imaginarie conceits for so is all the studie of the Circle of the Zodiacke Experience of former ages doth confirme this imaginary Circle of the Zodiacke and the appropriation of the twelue Signes therein and after many reasons of the earths stabilitie against the Pithagorians and Copernicus doctrine of Mobilitie that is to say Whether the Heauens moue and the earth resteth immoueable or the earth moue and the great Orbe of Stars be permanent mentioned before we did find all this to be imaginarie and in that consideration and imagination wee did discend to the lower Center againe and thereupon conclude That whereas the Center is taken to be as a point of a great Circle and so all weightie things falling thereunto it may as well be a great Circle whereupon all other Orbes runne in circumference circularly Seeing that the earth and waters together make the perfect Globe as aforesaid and all weightie things may bee inclining to that Circle But this matter being not concerning Nauigation let vs returne againe to our obseruations That the maine Ocean Seas are common to all Nations as the passages are on the Land to bee nauigated for trafficke and commerce yet no one man can trafficke with any Nation without their consent Concerning the Art of Nauigation Mariners haue one great imperfection that is the want of exact rules to know the Longitude or Arkes Itinerall East and West without the which they can neither truely giue the place or scituation of any Coast Harbour Rode or towne nor in sayling discerne how the place they sayle vnto beareth from them or how farre it is distant whereby they are inforced long before they come to any Coast all night to strike sayle not otherwayes than if they were vpon it thereby losing the benefit of prosperous windes in sch sort sometimes that whereas keeping a true course they might haue beene quietly at road they are by contrarie and aduerse tempests carried farre off and so not without great charge to the Owner paine to the Companie and perill to their Ship are enforced to waste their time which of late yeares by some new Chartes and Instruments is in some part amended albeit the said Chartes are still described with straight Meridian lines running equidistant or parallel which is erronious and they suppose that running vpon any of their points of the Compasse they should passe in the circumference of a great Circle and therefore in the plaine Cardes describe those windes with straight lines which is another abuse For the Ship steming the North and the South onely maketh her course in a great Circle East or West shee describeth a parallel and being stirred on any other meane point shee delineateth in her course a Curue or Helicall line neither straight nor circular but mixt of both which supposition being well obserued betweene two different Angles of variation A very rare obseruation respecting the Latitude and conferred with some such third Angle of a Curue line euery degrees sayling or thereabouts will shorten their course of sayling that with like wind and weather they shall performe that in twentie foure houres wherein they spend aboue three or foure dayes and many times the voyage is thereby lost and ouerthrowne As I made Sir Francis Drake Knight to take notice of in the yeare 1587 and after that more sensibly to Sir Walter Rawleigh Knight CHAP. XXXV Of the distinct Dominions of the Seas PLato the Philosopher perceiuing that Equalitie would be the cause that euerie man should haue enough was of opinion and willed all things in a Common-wealth to bee common whom Sir Thomas Moore in his Vtopian Common-weale seemeth to imitate to the end that an infinite number of Lawes alreadie made and the making of so many new Lawes as daily are made might be abolished whereas all of them are not sufficient for euery man to inioy defend and know from another mans that which hee calleth his owne proper and priuate goods But finding afterwards that this Equalitie could not bee established and that many other inconueniences should arise thereby he did wisely reuoke the same in his second Common-wealth Renuntiation of goods in common For the same was neuer vsed in any age nor by the Word of God commanded when from the beginning he willed man to subdue the earth and rule ouer the fish Gen. 1.28 And againe after the Flood willing man to replenish the earth and for the better performance thereof scattering Mankind at the building of the Towre of Babel ouer all the face of the earth diuiding the Isles of the Nations into their seuerall Lands God being the Author of Nature as also of the diuision Insomuch that when Mankind was propagated to an infinite number of creatures and things vpon the earth not sufficient for their sustenance then of necessitie followed the vse of Trading vpon the Seas both for Fishing and Negotiation which could not be done if all things had beene common neither on Land nor vpon the Seas which thereupon became diuisible in places of fishing but not in the maine great Seas which is common to all Nations Iure gentium as in the precedent Chapter is declared not that the words intend any Law set downe by common consent of all Nations but onely denoteth vnto vs the example or custome of other Nations in sayling and trafficking ouer the Seas with commodities reared vpon the Land and by the Seas ioyning thereunto and not in the maine Ocean Seas where no fishing can be vsed whereby the properties of both Lands and Seas are distinguished by the said Law of Nations agreeable in this particular with the Law of God For the Moral Law prohibiting theft and the coueting of other mens goods By Diuine Law doth declare the said propertie And the Ceremoniall Law willing euery man to make sacrifices of his owne doth confirme the same The meanes which God hath appointed to make this distinction of the Dominions vpon the Seas are as certaine as the mensuration of the Land whereunto
Iustice for to bee found a debtor in the Law is no criminall guilt and therefore vniust to punish him criminally If for cohersion to make the debtor bring forth his estate to the payment of the debt it is also against the rule of Iustice to enforce a man by punishment to doe that which appeareth not to be in his power or whereof the Law is alreadie certified that there is not wherewithall to doe according to the purport of the Capias granted against the bodie by the Common Law It is also against the rule of Iustice to thrust all kind of debtors into a prison together in a heape without respect to the different qualities of men to more or lesse guilt of fraud or obstinacie or whether it bee an honest or an vsurious debt Plutarch in Solons life to more or lesse meanes of the debtor whereby hee must liue or starue in prison or to the holding him one or twentie yeares in prison for some are great debts for thousands some are small debts for trifles some are supposed debts not yet proued and in truth some are no debts But for certaine all or nine in tenne are vsurious debts and forfeitures scarse one honest debt of a hundred but all by vnlawfull gaine vpon corrupt and desperate aduentures But it wil be said that imprisonment is no punishment for prisoners liue at ease and pleasure c. according to the receiâ—ed opinion but the miseries and afflictions of imprisonment are inexplicable and cannot bee conceiued by any that haue not felt or had proofe thereof The auncient Romanes construed and reputed imprisonment to bee a guard or saâ—e keeping of slaues and bondmen but a heauie punishment to free borne men and it is recorded that the Prophet Micha was sent to prison to bee fed with the bread of affliction For imprisonment is a corporall punishment A discription of imprisonment a griefe and torture of the mind a long and lingring dying and sometimes a short killing by plague c. it ouerthroweth a mans reputation and destroyeth all that is good and deare vnto him his kindred grow strange his friends forsake him his wife and children suffer with him or leaue him or rebell or degenerate against him and lye open to all disgrace and villanie of the world in whose miseries the prisoner suffereth more than in his owne sufferings before him the sight of all these miseries and euills and which is not the least he lies open to euerie arrow of scandall or calumnie that a malicious aduersarie will shoot at him which he can neither resist nor auoid because hee is absent to confront them behind him griefe for losse of libertie credit friends estate and all good fortunes his baile and sureties who commonly are his neerest kin or dearest friends lye in the power of his aduersarie or are alreadie imprisoned To say nothing of ill ayre straight place hard lodging vnwholsome diet with the noise noisomnes pestring and fettering the body of the prisoner as the least of many euils Against Conscience and Charitie Let this be weighed in the ballance of Conscience and Christian Charitie and you shall find that these proceedings cannot subsist for they are against the Law of God and not warranted by Scripture But to induce diuers necessarie consequences for proofe hereof we are to consider how many wayes any man may guiltlesly and innocently fall by the Law Guiltlesly or innocently be conuict of debt or damages and cast into prison thereupon viz. By misprision or ignorance of himselfe or his Atturney in pleading of the cause by carelesse or vnskilfull Councellors especially when false things are cunningly laid or true things vncertainly laid By the necessitie of the defendant wanting meanes to pay his Atturney or Councell and by combination of the aduersarie with the defendants Atturney Sollicitor or Councellor or with the witnesses or Iurors for loue malice or ends of their owne By periurie of witnesses in concealing peruerting and misapplying truth or deposing vntruth and by subornation of Witnesses Iurors or Officers in the impannelling of Iurors and corruption of the Iudge By casualties A man may likewise be disabled and become insoluent by as many casualties and acts of honest and good intentions and consequently become a debtor and be cast into prison thereupon as by suretiship baile or securitie for kinsmen friends or others likewise by loane vnto them who pay not againe also by falshood of friends seruants and others put in trust with monies euidences office trade and lands Againe by mouing a iust suit in Law where might practise or falshood ouerbeareth him or many yeares suit consumeth him Also by fire water shipwracke and such like sudden and vnresistable accidents at sea or at land by robberie of Theeues and Pirats By vnprofitable buyings and sellings of Lands Leases Merchandises c. By arrest seizures or pretences and detriment of forraine Princes By sudden losse of friends or masters on whose fauour any mans estate dependeth also by errours in making or keeping reckonings and accounts or by losing or not calling for Acquitances Bils Bonds Releases or Ingagements and Assurances for Warranties Annuities Dowers Ioynctures Legacies and such like By Vsurors and Vsurie eating vp a mans estate by interest and forfeitures and by a multitude of other meanes whereby no man is secured but may become a debtor and insoluent And this Law taketh no consideration or admits no information hereof but in Summo Iure Summuâ— Iuâ— giueth the whole forfeiture without any conscionable respect and the after proceedings are sutable for after judgement though the debtor by his goods discharge ninetie and nine pounds of one hundreth pounds principall yet the bodie is subiect to be imprisoned till he pay the whole forfeiture of two hundreth pounds and the words of the Statute are That if hee haue no goods nor chattels or not enough to satisfie the whole his bodie shall be imprisoned for the rest till he make payment or agreement Marlebridge Cap. 23 Anno 52 H. 3 c. So euerie way it is in the absolute will and power of the creditor to cast the debtors bodie into prison when in all conscience and equitie if he haue no meanes to pay he ought to be let out of prison or not to be imprisoned at all because the debtors bodie can giue no satisfaction to the creditor being in it selfe considered Some prisoners haue meanes and are willing Meanes to pay yet cannoâ— but cannot pay either because the present power of their estates is not in them or in regard of the time that they cannot sell or receiue payment or in regard of the worth for scarce any will buy a prisoners lands lease or goods at halfe the worth or in regard of others interressed without whose consent hee cannot dispose thereof or the estate is intangled with dowers joynctures warranties assurances statutes c. Some haue not meanes sufficient to pay all and some
any thing in question where there wanteth proofe or they may minister the said oath to either partie vpon pregnant occasions to boult out the truth the like authoritie haue the Prior and Consulls of Merchants And moreouer their authoritie doth farre exceed the power of Commissioners for as Arbitrators haue a determinate power to make an end of controuersies in generall termes without declaration of particulars so hath the Prior and Consulls power to doe the like whereas Commissioners are to giue a reason and declaration of their proceedings to the Lord Chancellor Finally the Arbitrators authoritie implyeth a voluntarie command proceeding from both parties which the Commissioners haue not but the Merchants Court hath CHAP. XVI Of the Merchants Courts or office of Prior and Consuls THe third meane to end and determine Merchants questions and controuersies happening in the course of trafficke is the Courts of Merchants called Prior and Consulls or Il consolato as the Italians haue called the same And here we may say a Merchant is in loco propriâ— as the fish in the water where he vnderstandeth himselfe by the custome of Merchants according to which they are determined and if he do not yet as euerie man is taken to be wise in his profession so may he be admitted to vnderstand them the rather when he shall truely peruse and ponder the contents of this Booke which in my loue to Merchants I haue compiled as aforesaid The Ciuilians hauing considered of this Office of Prior and Consulls established in many places of France Italie and Germanie Wherin Prior and Consulls haue no power haue made diuers questions of their authorities saying they cannot decree any thing contrarie to the law of the land as that the father shall be bound for the sonne or the sonne for the father or any thing that is malum in se or naturally vniust or against the publicke good or that which sauoureth of a Monopolie neither may they forbid any man to go to law or order that a worke begun by one shall not be ended by another without the others consent neither are they to deale or to determine of any thing but what concerneth merchandising for other things as the selling of houses lands and the like doe not appertaine vnto them True it is that all matters criminall or offensiue do not belong vnto them to deale in for there the Kings Atturney is a partie and hath interest therein as falsifying of obligations and bills of debt or other writings matters of reproach or discrediting of persons theft and other euill vnlawfull behauiour done and committed by their said seruants or themselues or any other Merchant Factors or intermedlers in causes of merchandise as also all others not exercising the trade of merchandise are forbidden to be dealt with by the said Prior and Consuls neither are they to deale with the contracts of Vsurie either fained or otherwise vnlawfull nor with the Wills and Testaments or contract of marriages of any persons or with the interchanging of goods by consent and all other such like contracts but onely in all ciuile causes of merchandising How be it these questionable matters are not of that moment to be discussed considering that their authoritie is declared and confined by the Charters and Priuiledges made vnto them by Princes and Common-weales whereunto relation is to be had and accordingly they are to proceed hauing a respect to the equitie of the cause Hereupon Benvenuto Straccha the Ciuilian maketh a treatise Quomodo procedendum sit in causis Mercatorum of the manner to proceed in Merchants affaires wherein are many vniuersall things propounded which are easier but particular things are commonly more truer by his owne obseruation The decrees of Merchants need no other confirmation and he concludeth that the decrees of Merchants need no other confirmation or approbation The oath taken by the said Prior and Consuls to obserue the Law-Merchant is subiect to punishment if they be perfidious or forsworn as well as the oath of all other Iudges And writing de Consulibus Mercatorum he saieth That a Merchant may call in question and begin his plea before them although it be against one that is no Merchant if the cause concerne merchandising and the plaintife herein bindeth the defendant to be iudged by the said Prior and Consulls be he either a Knight or Ecclesiasticall person or a stranger not resident in the place In the like maner all Bankers Shop-keepers in faires and markets are bound to their iurisdiction for matter of money and Exchanges or for merchandise The plaintife may in other places where the defendant doth deale or negotiate be at his choice to begin or commence his suit where he will but not in two places at one time for one cause wherein sometimes the penaltie is by him respected to be far greater in one place than in another Here let vs remember the controuersie betweene two brothers which was aboue fortie-yeares since called Ioan de la failia and Iaques de la failia who went to law in Brabant for manie thousand pounds and afterwards one of them did commence suit in Flanders being another iurisdiction whereupon he was compelled to pay a forfeiture of 4000 ll A foâ—feiture for a iurisdiction for in trueth good orders and customes are to be maintained as lawes and nothing is to be admitted that may infringe the Law of Merchants The proceedings before the said Prior and Consulls is by Libell or Petition or by Declaration wherein let vs note the difference set downe by the said Ciuilians Difference betweene a Petition and a Declaration The Libell or Declaration is to be made with all the forme vsed in law as well for the matter of fact as the matter of law But in a Petition the forme is not needfull so the substance of the matter be well expressed especially the summe which is demanded or the goods being lent or vniustly detained must be specified and if it be for money owing for merchandises or lent it must be declared otherwise the Consuls will reiect the Petition as impertinent albeit some triuiall errors in Petitions are to be tollerated and the partie is to be by the Merchants Law relieued They are to proceed summarily in all their actions Summarie proceeding to auoid interruption of trafficke and commerce and they are to respect plaine and sincere dealings amongst Merchants with a consideration to construe all things to be done bona fide so that trust may be preserued amongst them debarring as much as in them lyeth the exceptions of Prescription Excussion and of promises made without consideration quod nudo pacto promisisti and the like in so much that many times a woman is admitted to be a procuratrix contrarie to the Ciuile Law A custome contrarie to the ciuile law and all other exceptions vpon plaine bills and obligations are set a part and the trueth is hunted after and all exceptions proceeding of Iustice and
of twelue ounces in weight making the sterling standard and yet my moneys made thereof shall be but tenne ounces fine In like manner I will melt downe tenne ounces of siluer and two ounces of copper and more to make a standard of tenne ounces fine and yet my moneys made thereof shall be eleuen ounces fine or sterling To vnderstand this mysterie or Paradox wee are to note that in the making of a standard of moneys three things must concurre and haue an equalitie proportioned vpon the pound weight of twelue ounces Troy namely Finenesse Allay and Weight of the peeces made out of a pound which is the ground worke of the subtile assay according to which all Assaymasters make their calculation by the marke of eight ounces or the pound of twelue ounces making one marke and one halfe Suppose now that as in ancient time of King Edward the third one pound weight being diuided into twelue ounces euerie ounce was diuided into twentie peeces or is now diuided into sixtie peeces or three pound making sixtie shillings which then made but twentie and that these twentie peeces or sixtie shillings were diminished by the sheyre and there is made twentie two peeces in regard of the twentie or sixtie six peeces in the liew of sixtie peeces which is tenne in the hundreth that the said peeces are lighter than before considering peece by peece Now an Assaymaster receiued one of these peeces to make an assay thereof in manner by vs declared in the Second Part of this Booke in the seuenth Chapter of the assayes of Bullion and Moneys and hauing weighed the same he calculateth how many of these peeces doe make or weigh one pound and hee findeth twentie two or sixtie six peeces or thereabouts because of the vneuennesse of the sheyre which being tried hee maketh report of the finenesse accordingly so that wanting in regard of the pound tenne in the hundreth by weight there must needs be wanting so much in finenes and so eleuen ounces molten downe is found to be but tenne ounces fine and in like manner c. All which in matter of exchange can be considered of and preuented as it shall please the Kings Maiestie and his Highnesse priuie Councell Ebbing and flowing of waters compared to the falling and rising of exchange The predominant Power of exchange rising and falling in price may bee compared to the ebbing and flowing of the Seas whereof no reason can be rendred albeit wee find the course thereof to concurre with the increase and decrease of the Moone which borroweth her light from the Sunne whereunto we may attribute a naturall Primum Mobile of mouing This motion is not so perceptible in the maine Ocean Seas as visible in the riuers streames and branches thereof Euen so in the seas of exchanges we are to ascribe the first motion of rising and falling in the price of exchange vnto the Bankers albeit the operation of it be not so apparant in those maine exchanges as vpon the bankes of the course of trafficke by commodities and moneys subiect to inundation in the particular exchanges of some countreys which runne into the maine ocean of exchanges as a riuer or branch of the same As this ebbing and flowing is aggrauated by accidentall causes of raine snow and the like by the alteration of weather so doth the rising and falling of exchange increase and decrease by the alteratiof State affaires betweene contending Princes according to the vse of moneys And euen as the seas are girt in by Gods commandement that they cannot ouerflow the mayne bankes of the earth so the course of the rising and falling of exchange in price may bee girt in by the Kings commandement A great consideration beyond the common capacitie of men that it shall not ouerflow the course or bankes of trafficke to the inundation of our home commodities and moneys This Simile putteth me in mind to remember the Poeticall fixion of the serpent Hidras with many heads whereof one being cut off by Hercules forthwith another did appeare alluding therein to the riuer Nilus which had many branches whereof the one being stopt in one place caused another to ouerflow in another place augmenting Hercules Labours being therein like vnskilfull Phisitians which to cure a disease doe many times cast the bodie into a more dangerous sicknesse whereas the learned Physitian will find an easie cure knowing the efficient cause of the disease without which conceited remedies are but meere shifts and extremities Aristophanus hath painted forth the agonie of an aged man altogether shipwracked by vsurie who thinking to haue found out the way to be eased of his slauerie did propound vnto Socrates this demand That if he should by the inchantment of a witch of Thessalia fetch the Moone out of heauen and bring it away and afterwards inclose it in a case of glasse and so keepe it as if hee would keepe a flye in a boxe Socrates demanding what good that would do him he answered if the Moone doe neuer rise againe I being constrained to pay money by the new Moone shall be freed of that trouble A strange shift that this poore man was driuen vnto apprehending a shadow for a reason to plucke by violence the Moone out of heauen for his helpe for in truth the witch did her best and began to charme the Moone which when the vsuror vnderstood did put him in such a pelting chafe as was wonderfull to behold for accusing this poore man of enchantment at last hee went himselfe to another witch not onely to keepe the Moone from comming out of heauen but also to hasten the course of her faster to recouer his vsurie the sooner Good God what a trouble was the Moone put vnto betweene these two witches What stormes and tempests did arise What horrible wind did blow What great raine did fall What floods ensued euerie where So that countreys were almost drowned and vnder water in many places The morall of these Metaphores concurring with our former comparison doth not onely shew vnto vs the operation and coniunction betweene the Moone and waters but also the folly of vaine conceited remedies The propounded remedie therefore for the reformation of the abuse of exchanges is grounded vpon the rule of Equalitie and Equitie whose Antitheta are inequalitie and iniquitie which euerie man ought to suppresse Equalitie is amiable and accompanied with ease and facilitie but inequalitie is hated and associated with trouble and difficultie The difference whereof is like vnto this Geometricall Axiome in commendation of the inuention of round wheels to draw and carrie loads with a small strength Circulus tangit planum vnico puncto For if the wheeles should haue beene made square or in any other polyangle and proportion fortie horses would not so easily draw them being laden as two doth now with speed and ease what easier thing can there be than to set and command a price in exchange to be obserued according to the value