AN INDVCTION TO LEX MERCATORIA, OR THE LAW MERCHANT, AND THE ANTIQVI­TIE THEREOF. CHAP. I.

WHen Almightie God had created man, good and a sociable creature, who could not so well liue alone, as other creatures sufficiently prouided (by nature) for their sustenance; and had reason assigned and giuen vnto him, aboue all the said creatures: yet all the meanes and faculties of his bodie and soule, were not sufficient to make him happie whilest he was alone. But necessitie did require a concourse of men helping one another to supplie (with a common strength) the said weakenesse; for the burden of the said necessitie was so weigh­tie and great, that one man alone was not able to manage the same. Then it came to passe, that by mutuall contribution of offices, euerie man did afford means according to his abilitie for the common good, so that those which were of a strong bodie did emploie their labour to get liuing and maintenance for themselues and others: And those which were endued with the best part of the soule, as Vnderstanding and Reason, did vndertake the most important matters, teaching men how to liue well, and informing them of their felicitie (which they iudged chiefely to consist in vertuous actions) endeauouring to make impression in the soule of man, of certaine good lawes for the obser­uation thereof, with a reference of them to the first law engraffed in the soule of man, as a part of that diuine light, which was infused in him to know (in some measure of perfection) the good and euill, Called by the Grecians Syn­derisis. and accordingly to receiue reward or punishment.

As for the other and better part of informing and guiding the thoughts and affections of men to a supernaturall end, that, as surpas­sing the compasse of that lower spheare wherein I now moue, must be left vntouched by me, who here take for my obiect not the spiri­tuall [Page 2] but the ciuill life of man and the meanes thereto conducing.

Touching therefore the externall part. The mutuall contributi­on of offices amongst men hath from the beginning continued both in labouring and manuring the naturall riches of the lands in corne and pasturage, as in the immediate children of our first father Adam, and in planting Vines, and making an extract of the iuyce of the fruit of them, as Noah. Which riches in matter and foundation naturall, and partly also in alteration and managing artificially, euery possessor not long after the beginning of the world seuerally inioyed in pro­pertie: and hence did proceed a commerce, first, in reall enterchange and communication of things of the same or other kinds, but all na­turall commodities, as sheepe for sheepe, sheepe for corne, wine for oyle, &c. betweene man and man, or nations and nations, according to number, weight, and measure, and after, to auoid confusion, by a commune pignus currant mutuall, which we call money, both by way of merchandizing; Gen. the most ancient euidence hereof is Abrahams purchasing for money a field for buriall. The obseruation and cu­stomes whereof, was the beginning of the Law-Merchant, and that especially when mankind was propagated into an infinite number, and the domestiques or neere hand commodities were not sufficient for their sustenance in some countries, and in other countries were o­uer aboundant: Then of necessitie followed the vse of trusting, ex­changing, and trading; first, on the Land in the maine Continent, and then extensiuely vpon the Seas, both for fishing and negotiation. Then did merchants trauell from countrey to countrey: So in the dayes of the Patriarke Iacob, Gen 37.27. did the merchants Madianits in their iourney meete with the children of Iacob, and then Ioseph was carried by their meanes into Egypt, and sold to Potipher for the good of his fa­ther and all his family. And then it was and proued to be true, (which experience hath confirmed) that Vita ciculis in societate posita est, The Law­merchant a most antient law. socie­tas autem in imperio & commercio: So that it plainely appeareth, that the Law Merchant, may well be as ancient as any humane Law, and more ancient than any written Law. The very morall Law it selfe, as written by Moses, was long after the customary Law of Merchants, which hath so continued and beene daily augmented successiuely vp­on new occasions, and was not altogether made in the first foundati­on, as the Lawes whereby the Common-weales of Israel (whose Lawes were vniformely made by Moses from God:) or those of Crete, Cybaris, Sparta, & Carthage, by Minos, Charondas, Lycurgus, and Phalcas. Neuerthelesse, many Emperours and Kings haue alwaies re­ferred the ending of differences, which happen betweene Merchants, to be done & decided according to the Law-Merchant, That is to say, according to the Custome of Merchants; who by their trauels found the diuersitie of weights and measures, and the goodnesse and vse of commodities pleasing to all nations, whereby the superfluities of them were vented amongst them. Vt quod vspiam nascitur boni, id apud omnes affluat.

[Page 3]This Law of Merchants, or Lex Mercatoria, in the fundamentals of it, Definition of the Law­merchant. De [...]epub. is nothing else but (as Cicero defineth true and iust Law) Recta Ratio, naturae congruens, diffusa in omnes, Constans sempiterna: True Law is right Reason, agreeable to Nature in all points, diffused and spread in all Nations, consisting perpetually without abro­gation: Ius gentium. howbeit some doe attribute this definition vnto ius genti­um, or the Law of Nations, which consisteth of Customes, Man­ners, and prescriptions of all Nations, being of like conditions to all people, and obserued by them as a law: But the matter being truely examined, we shall find it more naturally and properly be­longeth to the Law-merchant.

Euery man knoweth, that for Manners and Prescriptions, there is great diuersitie amongst all Nations: but for the Customes obser­ued in the course of trafficke and commerce, there is that sympathy, concordance, and agreement, which may bee said to bee of like condition to all people, diffused and spread by right reason, and in­stinct of nature consisting perpetually. And these Customes are pro­perly those obseruations which Merchants maintaine betweene themselues, and if these bee separated from the Law of Nations, The remainder of the said Law will consist but of few points.

Prerogatiues of Princes by the Law of Nations.Princes and Potentates by their prerogatiues (respecting the law of Nations) doe permit amongst themselues a free trauelling by land through their seuerall Kingdomes, Territories, and Dominions, vn­lesse they bee open enemies: They hold likewise a communitie of the seas for Nauigation, as also a distinct dominion of the seas ad­ioyning to the territories and iurisdiction of their countries, they take Custome, Subsidies, and all manner of impositions vpon the commodities imported and exported out of their Harbours, Ha­uens, and Ports, as also duties for the fishing in their Seas, Streames, and Dominions; of all which the Merchant is to take especiall notice, to auoid danger in the trafficke and trade with their subiects, for non-payment of the same, which they claime iure gentium.

Are not the Sea Lawes establisted to decide the controuersies and differences happening betweene Merchants and Marriners? And is it not conuenient for Merchants to know them? Considering that Merchants maintaine the Fisher-men, and (by way of Trade) cause the Sea and Land Commodities to bee dispersed euerie where? So that the said prerogaties doe also appertaine to the Law­merchant as properly inherent vnto commerce, and the obseruation of Merchants being of like condition to all people and nations.

Concerning manners and prescriptions, Manners and prescriptions of the law of Nations. wherein the differences is to be noted from the Law-Merchant; the same consist in the erecting of Offices, creating of Officers, and making of Lawes, which of them­selues make a separation betweene Customes: Also the giuing or bestowing of honours and dignities, the granting of priuiledges, and the doing of any thing which concerneth the Honor, Body, and [Page 4] goods of any man, whereunto all things touching man haue a refe­rence, and doe meerely belong to the preheminence of Princes in their places of Soueraigntie.

And herein let vs obserue the difference betweene Lawes and Cu­stomes according to the description of the said worthy author Cicero.

Differe [...]ce be­tweene Lawes and CustomesA Custome (saith hee) taketh hir strength by little and little in progresse of Time by a generall Consent, or, of the most part; But the Law commeth forth in a moment, and taketh her strength from him that hath power to command: Customes doe take place gently; but the Law commandeth with a power suddenly. True it is, that the Law may abolish Customes, but Customes cannot derogate from the Law, because Magistrates will see them executed at all times. Customes haue their strength by sufferance; but the Law comman­deth by absolute authoritie of a Prince. And yet Customes are of no lesse power than a Law, and the difference consisteth most in the manner. Lex est cui omnes homines decet obedire propter multa & varia, & maxime quia omnis lex est inuentio quaedam & donum Dei. All men ought to obey the Lawes, which are many and diuers, and chiefly because all Lawes are (as is it were) an inuention and a gift of God. So much, yea more may bee said of the Custome of Merchants, because of their continuance and Antiquitie, as a­foresaid.

And for that the said customarie Law of Merchants, hath a pecu­liar prerogatiue aboue all other Customes, The Preroga­tiue of Mer­chants Cu­stomes aboue all other Cu­stomes. for that the same is obser­ued in all places, whereas the Customes of one place, doe not ex­tend in other places, and sometimes they are obserued, and some­times they are neglected. But the Customes of Merchants concer­ning trafficke and commerce, are permanent and constant, and when they are not truely obserued in some places, by some er­rour or misprision: Non est consuetudo, sed vsurpatio; For such Customes loose their names, and are called Vsurpation, which is the cause that many times Customes are established for Lawes by him or them that haue power to make Lawes. And Customes are the best Interpreters of the Lawes, Customes are the best inter­preters of Lawes. either for suppressing of vice, or establishiug of Vertue: So that whosoeuer alleadgeth a Cu­stome in his defence, is to prooue and maintaine the same, if it bee honest. Now wee must not vnderstand this of any euill Custome, because they make no presidents, and are to bee supres­sed by Lawes. Likewise a Custome well obserued, is to bee pre­ferred before a Law not obserued. A Gradation concerning Lawes and Customes. And this Gradation ought to be maintained and se [...]iously obserued concerning Lawes and Customes, That euen as the Wills, Contracts, or Testaments of particular men, cannot derogate or vndoe the Ordinances of the Magistrates, and as the order of the Magistrates cannot abolish ancient good Cu­stomes nor Customes cannot abridge the generall Lawes of an absolute Prince; no more can the Law of Princes alter or change the Law of God and Nature.

[Page 5] Bartolus, Baldus, Iustinian, Vlpian, Paule the Iurisconsulse, Papinian, Benvenuto Straccha, Petrus Santerne, Ioannes Inder, Balduinus de Vbald, Rodericus Suarez, Iason, Angell, Andrias Tiraquell, Alciatus Budeus, Alex­ander Perusius, Pomponius, Incolaus Boertius, Azo, Celsus, Rusinus, Mansi­lius, Sillimanus, Accursius, Franciscus Aretinus, Grisogonus, Lotharius, Iuli­anus, and diuers other doctors and learned of the ciuile Law, haue made many long discourses and volumes of bookes of the questio­nable matters fallne out amongst Merchants, for and concerning merchandise, Booke cases of the Law-Mer­chant. which are yearely obseruations or booke cases and pre­cedents; by the reading whereof, Merchants are like rather to meta­morphise their prosession and become lawyers, than truely to attaine to the particuler knowledge of the said Customes or Law-merchant: For they haue armed questions and disputations full of quillets and distinctions ouer-curious and precise, and many of them to small pur­pose, full of Apicis iuris, Apicis iuris what they are! which themselues haue noted to bee subtil­ties, saying, Apicis iuris s [...]nt quae subtilitatem quandam respiciunt magis quam facti veritaetem, They doe more regard certaine subtilties than the trueth of the fact or matter, As for example. To define

Quid s [...] Mercator, what a Merchant is? Quidue Mercatura, what Mer­chandising is?

Whether he is a Merchant that doth once buy and sell?

Wherher merchandising and negotiating be one and the same?

Whether an vsurer be a Merchant?

Whether selling by retaile shall be called merchandising?

Whether a Clergie man or a Gentleman dealing in buying and sel­ling, shall be called a Merchant in any controuersie?

Wherein a Merchant may be like an vsurer?

Whether a man buying commodities in gro [...]e, and working the same out againe into other things to be vented by an ordinarie course of trafficke, be a Merchant, artificer, or trades-man?

Whether a seller of horses may be called a Merchant?

Whether a shop-keeper trading beyond the seas and at home, be a Merchant?

Whether a Merchant shall be called to be a Merchant of one kind of commodities, that dealeth for diuers sorts of merchandises or wares?

Whether he bee a Merchant that dealeth not for himselfe: but others negotiate for him? Or whether a young man dwelling with a Merchant, may be a Merchant? And other the like questions which I hold to be vnnecessarie to trouble Merchants braines withall.

The definition of a Merchant is to be noted. Definition of a merchant. For he that continu­ally dealeth in buying and selling of commodities, or by way of per­mutation of wares both at home and abroad in forreine parts, is a Merchant.

Next in order, Conditis nume­ri p [...]tioris, [...] mai [...]ris. the conditions and properties which a merchant ought to haue, are to be considered; namely to be without fraud and [Page 6] deceit in his buying and selling of commodities, and to keepe faith with all men.

Hereupon questions are made, whether a merchant may trafficke with Turkes, Heathens, Barbarians, and Infidels, and performe pro­mise with them? whether a merchant may sell his commodities as deere as he can, without respect of persons? whether he may vse lyes (as being officious) in the selling of commodities? Caueat emptor. whether he may be craftie without deceit? whether learning bee requisite in a merchant? whether he may deale in prohibited commodities at his apperill? whether a merchant buying commodities, and selling them better cheape than they cost him, shall be held in suspition to be neere decaying? and the like of him that taketh vp much mony at interest.

The continu­ance of a mer­chant.The said Ciuilians haue also determined how long a merchant is to be so called; which is either when he breaketh, or giueth ouer to deale in merchandise; or when he is prohibited to deale, for offen­ces committed. And hereunto they adde a declaration of such as may trade; and by the contrarie thereof, is to bee vnderstood who may not trade, Persons ex­empted to bee merchants. viz. Clergie men, Noblemen, Gentlemen, Souldiors, Counsellors at the laws both Ecclesiasticall and Temporall, publicke officers and magistrates, franticke persons and mad men, youthes vn­der yeares, orphanes, lunatickes and fooles, all these are exempted to be merchants: But sonnes and seruants may deale in merchandise with their fathers and masters.

What mer­chandise is fit for trade,Lastly, they haue obserued, That merchandise is properly to bee made of all moueable things, excepting holie things, and prohibi­ted wares, or munition to bee carried vnto infidels or enemies. All which determinations can giue but little satisfaction to instruct mer­chants.

Merchandise two fold. Plato saieth, That merchandise is two fold, namely, ad victum & vestitum, of things for the backe and for the bellie, as belonging to the bodie of man; and of things concerning the mind of man, as lear­ning of musicke, and other arts bought for money, and sold againe to others for money; and this distinction is in regard of man, but farre from that matter of trafficke and commerce which is comprehen­ded vnder Commutatiue iustice, whereof Cicero speaketh.

Let vs therefore set downe, what a compleate merchant ought to know concerning the course of merchandising, and withall declare the methode obserued in this booke of the Law of Merchants. The methode of this booke.

1. A merchant ought first to know the science of Arithmeticke, and to obserue the daies and times in all his negotiations, and the be­ginnings of the yeare in all countries, and to calculate all things or­derly.

2. The seuerall weights and measures of all countries concerning all commodities, and the correspondence of them, that there may be to him in effect but vnum pondus, & vna mensura, that is, one weight, and one measure.

[Page 7]3. The science of Geometry, and some inspection of Cosmogra­phy, and the Mathematickes, thereby to know the scituation of coun­tries, with their distance and spaciousnesse: and the distinct domini­ons of Princes by land and by sea, with their iurisdiction and duties for fishing and otherwise.

4. To know the three Essential parts of traffick, being Commodities, Money, and Exchange for money by Billes of exchanges; vnder which all the traffique and trade is performed in all countries, or by some of them, because they are the causes of commerce, whereof the effects are buying and selling of commodities, receiuing and paying of mo­nyes, and deliuering and taking of monyes by exchange, with their Adiuncts and Accidents in the said course of traffique.

5. To know also the goodnesse of the principall commodities of all countries, either superficially for colour and beautie; or substan­tially for qualitie and vse. As also the weight, finenesse, and valuati­on of the moneyes of all countries, with the proportion betweene the gold and siluer, and the manner of exchanges made by billes vp­on the imaginary moneyes inuented to make exchanges betweene countrey and countrey.

6. The customes vsed in the buying and selling of commodities for money or billes obligatorie, or by way of Commutation or Barter.

7. The deliuering of moneyes at interest, or vpon Botomary, or vpon liues, annuities, or pensions in nature of rent, &c.

8. The fraighting and setting forth of Ships, making of Charter­parties, Billes of lading, Invoice, and Couenants and contracts. As al­so the sea lawes, to decide all questions and controuersies which fall out betweene Merchants and 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 [Page 8] (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 Common­weales: So that it behoueth them, to obserue the yeeres, moneths, [Page 9] 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 [Page 10] 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 shalbe 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 thereabo [...]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 subiect to be numbered by Ages, Yeares, Moneths, Daies, Houres, Minutes, and their diuisions and subdiui­sions, wee cannot in this place omit to particularise concerning the same; albeit it may be thought inconuenient to touch the obser­uation of the period of Monarchies and Common-weales, Periods of Monarchies & Common­weales. made by some Authors, which (by many important reasons) may be am­plified.

Some distribute the whole ages of the world into three parts, ascribing to euerie age 2000 yeares, which proc [...]edeth from that common opinion of Elias a certaine Rabbin or Iew, affirming that the world should stand 6000 yeares, and then be disolued; of the which they reckon 2000 yeares, before the Law, 2000 yeares, vn­der the Law, and 2000 yeares, vnder Christ, which shalbe shortned for the elects sake; which opinion hath beene receuied, by diuers godly fathers, supposing that as the world and all things therein, was created in six daies; So the same should endure 6000 yeares, taking each thousand yeares for a day, according to the saying of Saint Peter. 1. Pet. 3. That one day before the Lord is as a thousand yeares, and a thousand yeares as one day. In this supputation is some reason; for from the beginning to Abraham with whom the first couenant was made, and to whom the law of circumcision was giuen; wee find to be neere 2000 yeares; Of the ages of the world. and likewise vnder the law, vntill Christ, about 2000 yeares; and now vnder Christ is aboue 1620 yeares, reckoning towards the last 2000 yeares.

Augustin writing of these ages, diuideth them into sixe, and rec­koneth the first age to be from Adam to Noah; the second, from Noath to Abraham; the third, from Abraham to Dauid; the fourth from Dauid to the captiuitie of Babylon; the fifth, from the Captiuitie to Christ; the sixt and last, vnder the kingdome of Christ vntill the end of the world. Others there be that doe distribute the same into foure, according to the nature of foure kinds of mettals, the Golden, [Page 11] Siluer, Brasse, and Iron Ages: alluding to the Prophecie of Daniel, of the foure Monarchies. Others doe account, the same by thousands, or millinaries, according to certaine obseruations of 6000 yeares in the alterations of things. Others doe calculate according to the ages of men, supposing 100 yeares for an age; and so now being 56 ages and more, the number 60 or before the end of the world shall come. But, let vs obserue the true computation of the Church most generally approoued hitherto, Computation of ages by Scripture. and reckon from the Creation vntill Noah, 1656 yeares when hee entred into the Arke; and from the Floo [...] to Abraham, 367 yeares; and from the departing of the Is­raelites out of Egypt, 430 yeares; and from the departing to the buil­ding of the Temple by Salomon, 430 yeares; and from that time to the eleuenth yeare of King Zedekiah (deduced by Scripture) is 427 yeares. So the whole summe of these yeares commeth iustly to 3360 yeares. Hereunto 70 yeares being added of the captiuitie of Babylon, is, 3430 yeares, which are 790 Sabbaticall yeares, of seuen yeares euery Sabbaticall yeare, without any odde number; and from that time vntill Christ, there is no momentarie difference by Histori­call account, whereof vnderstanding Merchants ought to bee infor­med, & all men take pleasure of this obseruation in their Almanacks.

• From the Creation of the World,
  A [...]no Dom [...] 1620.
  vntill the last yeare—5582.
• From the said Creation vntill the Flood—1656.
• From the said creation, vntil the Birth of our Sauior Christ—3962.
• Since Brute did enter the Iland of Great Brittaine—2727.
• Since the building of the Temple by Salomon—2649.
• Since the building of the Citie of Rome—2371.
• Since the captiuity of Babylon—2258.
• Since Iulius Caesar was slaine—1669.
• Since the Birth of our Sauiour Christ, vntill the last yeare—1620.
• Since the Conquest of England, by Duke William—553.

Since the beginning of the raigne of King Iames, the first of that name of England, vntill the 24 of March 1620, is 17 yeares com­pleate, but currant—18.

Concerning the yeare, there are many obseruations, Of the seueral beginnings of the yeare. and euen of the seuerall beginnings of it. And let vs note Obiter that the bodie (the soule of man consisting in the bloud) hath 365 veines, as residences agreeable to so many dayes of the yeare.

All our Almanackes or Kalenders beginne the yeare from the first day of Ianuary, albeit this beginning differeth in many other coun­tries, which is conuenient for Merchants to obserue.

The Astrologians begin at the entrance of the Sun in Arijs, which is the 21 of March, at 12 of the clocke at noone.

The old Romanes did begin their yeare, ab Hieberno solstitio.

The Egyptians and old Iewes, from the 21 of March, with the Astrologians.

Those of Asia and India, ab aquinoctio Autumnali; being the 23 of September, at 12 of the clocke at noone. [Page 12] The Grecians of the longest day of the yeare. The Venetians of the first of March. The Spaniards from the Annuntiation of the Vir­gin Marie, the 25 of March, as England, Scotland, and Ireland. The Portugals and the East-Indies, Barbarie, Preste-Iohn, the 29. of August. Moses by Gods commandement, ab equinoctio verno, which is Easter; according to which, Easter day. Easter day was ordained vpon the full Moone, being the foureteenth day of the first Moone, after the Sunne entred into the signe of Aries, which is also vsed in Aegypt. Afterwards in the yeare of our Lord 328, the Councell of Nice did ordaine Ea­ster day alwaies to be vpon the Sabbath day, or Sunday next after the full Moone. And the Bishop of Alexandria made thereupon a list, according to the Circle or Golden number of the Moone, beginning from the figure 1, vntill number 19; for that in 19 yeares the Moone maketh her compleate reuolution, & concurreth with the Sun: And if the number did fall out vpon a Sunday, then the Sunday after was Easter day, The List ap­pointed for Easter day. according to this abstract; which is now altered by ten daies, vpon the alteration of the Kalender by Pope Gregorie the 13.

Golden number [...]

• 1. The 5 of Aprill.
• 2. The 25 of March.
• 3. The 13 of Aprill.
• 4. The 2 of Aprill.
• 5. The 22 of March.
• 6. The 10 of Aprill.
• 7. The 30 of March.
• 8. The 18 of Aprill.
• 9. The 7 of Aprill.
• 10. The 27 of March.
• 11. The 15 of Aprill.
• 12. The 4 of Aprill.
• 13. The 24 of March.
• 14. The 12 of Aprill.
• 15. The 1 of Aprill.
• 16. The 21 of March.
• 17. The 9 of Aprill.
• 18. The 29 of March.
• 19. The 17 of Aprill.

Reuolution of the Sunne and Moone.The yeare being exactly calculated according to the course of the Sunne, or Reuolution in the Zodiake through all the twelue Signes, consisteth of 365 daies, 5 houres, 49 minutes, and 16 seconds. And the reuolution of the Moone in her going course is 27 daies and about 8 houres, and in her returning course about 29 daies and one halfe, called a moneth. Others haue vsed, and some yet do vse, the yeares of the Moone diuided in 12 moneths, euerie new Moone or course respected: And this yeare consisteth of 354 daies, 8 houres, 48 minutes, 43 seconds, and 12 tierces, to which there was added 11 daies called Aepacta, The Epact of 11 daies added Quaere tamen quando incape­rint. as adioyned daies; which made the yeare to be 365 daies and about six houres, as aforesaid: which was vsed before the flood, by Iewes, Greekes, and is yet at this day vsed by the Maho­metans, Arabians, and those of Feas and Marocco and other places. The Babylonians, Aegyptians, and Assyrians, haue also obserued 365 daies for the yeare; One wholeday added euerie fourth yeare in [...]ebruarie. But they did not adde euerie fourth yeare one day, which we call the Leape-yeare.

To make a better explanation hereof, let vs note, That there is a great Circle imagined to bee in the Heauens, called the Ecliptike, [Page 13] wherupon the Sunne hath his continuall motion or period, neuer de­clining from the same: and on each side is imagined to be another lesser Circle limiting the latitude of the Zodiake, The Ecliptike of the Zodiake the middle where­of is called the Ecliptike, for that whensoeuer there shall be a con­iunction or opposition of the Sunne and Moone, the Moone being vpon the same Ecliptike, ouer which she passeth twice in one Period, in so many daies as aforesaid, (which second sections are called the Head & Taile of the Dragon) then (if at the coniunction) is our sight eclipsed by the interposition of the bodie of the Moone, being (at the same instant) betwixt vs and the Sunne, Eclipse of our sight by the Sunne. thereby hiding some part of his light from our sight: yet hath the Sunne in himselfe no more losse of light, than if a man should put a ball betwixt my eye and the Sunne, whereby he might hide from my sight, either the totall or part of the bodie of the Sunne. But if it be at the opposi­tion, then the Moone doth indeed loose her totall light, or part of her light, according to her latitude; for if her latitude be more than the Semidiameters of the bodie of the Moone, and the shadow of the earth, then there can be no Eclipse at all. When no Eclipse of the Moone can b [...]. But whensoeuer the bodie of the earth shal be interposed or put betwixt the light of the Sunne, and the bodie of the Moone, (which cannot be but a ful Moone or opposition, Cause of the Eclipse of the Moone. which are both one) then must she of necessitie lose so much of her borrowed light, as the earth doth take away from her.

Within this imagined Circle or Zodiake are twelue constellations of Starres, called the 12 Signes; each of these Signes is diuided into 30 degrees or equall parts, which make 360 in the totall.

Now since the nature and qualitle of these twelue Signes were found, and that the Moone being the lowest of the Planets, doth conuey and transport their operations and force through her Orbe vnto all Elementall Creatures, causing alteration of change and hu­mors, times and seasons, and distemperature of bodies; Mans bodie is diuided accor­ding to the Zodiake. the aunci­ent Astronomers haue attributed vnto them certaine names of crea­tures, figures, and poeticall allusions, for distinction sake, and to de­clare their propertie in some weake and confused sort.

Also the number 19 called the Prime and Golden number, be­cause it was written in Golden letters for the vtilitie thereof, which deserueth the more so to be adorned with Gold for a perpetuall re­membrance of our noble King Iames and his royall issue, borne vpon the 19 day of seuerall moneths, which is not without some mysterie, as I thinke.

The 19 of Iune An̄ 1568, The Golden number of king Iames and his royall issue. King Iames was borne in Scotland.

The 19 of Februarie An̄ 1594, Prince Henrie (deceased) was born, and dyed before 19 yeares.

The 19 of August An̄ 1596, the Lady Elizabeth his daughter was borne.

The 19 of Nouember An. 1600, Prince Charles his sonne was borne, Deo gratias.

It may seeme strange, that Iulius Caesar did not obserue this num­ber [Page 14] of the meeting of the Sunne and Moone vpon this Period, when he made his Kalender 44 yeres before Christ; for the vse hereof be­gan in the yeare of Christ 532. Cicle of the Sunne is 28 yeare. And this number of 532 containeth 19 times 28, in which time of 28 yeares (being the Cicle of the Sunne) the same is multiplied by 19, which is the Cicle of the Moone.

The Domini­call letters.The Dominicall letter is according to the noting of the seuen daies of the weeke, according to the Cicle of the Sunne, beginning from A.B.C.D.E.F.G. and so returning and continuing for euer.

Dieurs begin­nings of the day.The day doth also begin diuersly: The Astrologians or Astrono­mers begin the same from one mid-day (or noon) vntil the next, being 24 houres by the clocke; which is the cause that in their Alminacks they do set downe alwaies the place of the course of the Moone, be­ing so many degrees at noone; howbeit we reckon 12 houres; France Spaine, and other places, the Venetians, and most towns of Italy, the Bohemians, Athenians, Aegyptians, some Iewes and Grecians, Po­land and Silesia from the setting of the Sunne vntill the next setting, 24 houres. Babylonians, Persians, Chaldeans, some Hebrewes and Greekes, old Romanes, and they of Wirtenborough and Noren­borough, from one rising of the Sunne to the other, 24 houres.

Calends, Nones, and Ides.The daies of the moneth are also noted by Calends, Nones, and Ides. The first day of the month was Calend, so called of Vocato Popu­lo, declaring how many daies it was to the Nonas, that all the people was to assemble in the citie, to know what was commaunded vnto them by the Temporall and Spirituall lawes, as being noue obseruatio­nis initium, or nono, as the ninth day from Idus. The Tuscanes hereto­fore did homage to their king that day, and then it was commonly new Moone, and Idus was the full Moone, vpon the Moone moneths, being March, May, Iuly, and October, being of 31 daies, which had six Nonas, whereas the other 8 moneths haue but 4 Nonas, and euerie moneth 8 Idus.

Indictio Ro­mana. Indictio Romana, whereby many histories account their yeares, was instituted when the Romanes had dominion ouer the greatest part of the world, because vpon euerie Lustrum, which was euerie fifth yere, euery one was to pay tribute vnto them. The first yere they did bring Gold, the second Siluer, the third yeare Yron for munition and ar­mour: So that it was the space of 15 yeares, beginning from the 25 of September. And at the birth of Christ it was Indictio 3, and falleth out in the yeare of 1620 to be also Indictio 3, according to which ob­seruation the calculation of some historicall yeares is made.

CHAP. III. Of NVMBER, and the Mysteries thereof.

VNitie is the Spring and Fountaine of Numbers, which hath a reference vnto God, the only foun­taine of Goodnesse, the onely Father, Creator, and preseruer of vs all. Heere let vs note, that the Philosophers haue not onely (with one con­sent) affirmed, That great mysteries and vertues are contained in numbers. But the ancient Fa­thers haue also obserued the same in the holy Scripture; as Ierome, Augustine, Origen, Ambrose, Basil, Athanasius, Hilarius, Rabanus, Beda, and others; amongst whom Doctor Rabanus hath made a booke of the vertues which are hidden vnder Number. And if there were no mysterie comprehended vnder Number, Saint Iohn in the Reuelati­on would not haue said, He that hath vnderstanding let him reckon the Number of the name of the Beast, Vie [...]ius ge­neralis Dei, in Terris. D. C. L. V. V. IIIIII. which is the number of a man, speaking of Antichrist in the dayes of the Emperour Domitian, the tenth persecutor of the Christians, and the twelfth Romane Emperour, when the Latine tongue was most frequent, al­though he did write in Greeke, which number was 666 by signifi­cant letters. Now, as one is no Number, but vnitas; so there is but one God, one World, one Sunne, one King of Bees, Vnitas. and leader amongst Cattell. Number Two, is the first ofspring of vnitie, not composed, but in societie vnited, called the Number of Iustice, wher­in many things are obseruable. The Two Tables of the Law; Duclitas. Two Cherubins vpon the Arke of Moses; Two Testaments; Two great Lights; Two Natures in Christ; Two Solstices; Two Equinoctialls; Two Poles, and many other things.

The Number Three is called Holy, and Tria sunt omnia, Trias. as the Phi­losopher faith, which diuers also doe acknowledge to be of great efficacie in all things; whereof Pithagoras, Virgil, Plini [...], Aristosle, Tri­megistus and others, haue written copiously; the glory of all belong­ing to the three persons in the God-head, with the vertues of Faith, Hope, and Charitie. 4. & Qui­uarias. In the figure of Foure many things are to bee no­ted, as the Foure Elements; the Foure originall Windes; the Foure Seasons of the yeare, &c. So of the Number Fiue, being the Medium of Tenne, which in Number figuratiue climeth no higher, without doubling in Letters or Figures, hauing this propertie, D [...]narius. that take nine [Page 18] from tenne, there remaineth one; take eight, there remaineth two; take seuen, there remaineth three, and sixe remaineth foure: All which remainders added together, make againe the Number Tenne, whereof the Number Fiue is equidistant. To speake of the fiue Sen­ses, fiue fingers and toes, fiue sorts of creatures, and other dependen­ces, would be tedious. The Number Six is not void of the like applications: but no number more vsed in holy Scripture (as per­fect and compleate) than the Number Seuen, Numerus mag­ [...]a persectionis & virtutis. called Sacred, because God rested the Seuenth day, and did blesse and hallow the same. It was orda [...]ned in the Law, that amongst the people of God, euery Seuenth yeare should be held holy, wherein the land should rest from labour, and that libertie should be giuen vnto seruants, and bee called a yeare of Rest vnto the Lord. And by the like reasons it was insti­t [...]ted, Sabbathecall yeares. that the Israelites should number vnto them seuen Sabbaths of yeares, containing 49 yeares, and immediatly in the beginning of the 50 yeare following, Iubilee yeare. the trumpet of a Iubilee should be blowne the 10 day of the Seuenth Month. The sacrifices for the most part were offe­red by Seuens; the great feasts of Gods people lasted Seuen daies, and they did eat Seuen dayes vnleauenned bread at the Passeouer; Seuen weekes were reckoned betweene the Passeouer and Pentecost, and most of the feasts were in the seuenth Moneth. In a figure also did the Arke of Noah (which was a figure of Christ) rest vpon the Mountaines of Ararat in the seuenth Moneth: likewise it is said, Wisedome hath builded her house with seuen Pillars, vnderstanding the Church, with the gifts of the Spirit, which are figured by Seuen burning Lamps, and by Seuen grauen Candlestickes; The Stone men­tioned by Zachary (which is Christ) hath Seuen watching eyes of God; and the Number Seuen so often vsed in the Reuelation of Iohn. To say nothing of the Seuen Planets running their courses; and amongst the fixed Starres, the Seuen called Pleiades, and other Seuen, Hyades; and the two Polar Images, called Vrsa Maior, & vrsa Minor, containe each seuen Starres; and many other obseruations of the said Number Seuen may be noted.

Some obseruations there are of the Numbers Eight and Nine. And for the Number Tenne, notice is taken of the Tenne Commande­ments; Tenne Curtaines in the Temple of Salomon; Tenne Strings vpon the Harpe, Tenne Musicall Instruments, and diuers other parti­culars.

The Number Twelue hath very great vse and concordance in the Scripture: the 12 Tribes of Israel, whereof 12 Stones were placed in the Riuer Iordan, and so many precious Stones vpon the brest­plate of Aaron; so many Loaues offered; so many Altars builded, and so many Lions vnder the brazen Seas; so many fountaines in He­lim, & so many men sent into the land of Promise; hereunto allude the Twelue Apostles, Twelue thousand Nations marked, Twelue Stars to crowne the Queene of Heauen, Twelue Baskets of bread gathered, Twelue Angels, and so many gates and stones of the heauenly Ieru­salem; [Page 19] omitting to speak of the Twelue Signes of the Zodiake, and many other particularities touching the coherence of this number. Let vs note, Indians ac­count of Time and Number. that some Indians and Heathen people at Guiana haue no diuision or account of Times and Number, they onely reckon by the moones, as one, two, three, foure, or fiue moneths; or by dayes in like manner: their numbers they reckon thus, one, two, three, and so to ten; then ten and one, ten and two, and so forth. And to shew their meaning more certainely, they will demonstrate the same by their fingers, still making signes as they speake: and when they will reckon twentie, they will hold downe both their hands to their feet, shewing all their fingers and toes; and as the number is greater, so will they double the signe. And when they appoint or promise any thing at a limited time, they will deliuer a little bundle of stickes, equall to the number of daies or moones that they appoint, and will themselues keepe another bundle of the like number; and to obserue their ap­pointed time, they will euerie day, or moone, take away a sticke, and when they haue taken away all, then they know that the time of their appointment is come, and will accordingly performe their promise, which may be a president to many Christians.

Thus much may suffice to haue noted concerning Number, and the coherence thereof with Time. Now whereas God by his diuine pro­uidence hath made all things subiect to Number, Weight, and Measure, let vs in the next place intreat of weight and measures.

CHAP. IIII. Of WEIGHTS and MEASVRES vsed in all places of the world, with other obseruations.

HAuing intreated of Time and Number, The manner of Weights. wherein and wherewith God doth gouerne all things ac­cording to his determinate will and pleasure: Now in order let vs handle the description of Weights and Measures, whereby all wordly things are disposed of: which is most necessarie to be knowne, to giue euerie man his owne, and to buy and sell by; according to which all con­tracts and agreements betweene man and man (in the course of Traf­ficke and Trade for all commodities) are made, to distinguish Meum and Tuum, by the Law and otherwise, according to common consent of all Nations.

CHAP. V. Of the three Essentiall Parts of Trafficke, namely, Com­modities, Money, and Exchange of Money by Billes of Exchanges.

ALL the trafficke and commerce betweene Na­tion and Nation, or man and man, is perfor­med vnder three Simples, which are proper­ly the Essentiall parts of Trafficke: Namely, Commodities, Money, and Exchange for Money by Billes of Exchanges: which is effected by Number, Weight, and Measure, according to the former obseruation.

A Tripartite Exchange.And herein is to be considered a Tripartite Exchange, That is;

• [Page 59]Commodities for Commodities.
• Commodities for Money, and
• Commodities for exchange of Money, by Bills of exchange.

For some Merchants do negotiate all for Commodities, others all for Money, or Exchanges, or for all three or any of them which yeel­deth them most benefit and gaine: and herein is their particular pro­fit, or Priuatum Commodam, more respected than the generall good of the common-wealth, whereby corruptible and vnnecessarie com­modities are giuen for Staple wares and durable commodities, to the impouerishing of kingdomes and common-weales. And not only is this commutation or exchange abused in kind, but also in the price, paying too deere for the one, and selling the other too good cheape: whereby commeth an ouer-ballancing of Commodities in price and qualitie, and not in quantitie; whereby in effect, Ouer-ballan­cing of Com­modities. Moneys are giuen to boot, and as it were ouer and aboue the reasonable estimation of things; and herein is the course of Exchanges by Bills predominant, and ouer-ruling both the course of Commodities, and Money, as shall be at large demonstrated hereafter.

For the said three essentiall parts of Trafficke are properly the Bo­die, Soule, and Spirit of Commerce, The Bodie, Soule, and Spirit of traf­ficke. and haue their opperation accor­dingly.

The first as the Bodie vpheld the world by commutation and bar­tring of Commodities, vntill Money was deuised to be coyned.

The second, as the Soule in the Bodie, did infuse life to trafficke, by the means of Equalitie and Equitie, preuenting aduantage between 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.

True it is, that this Spirit and facultie of the Soule, namely the Exchange for Money, taketh his originall from the Soule, which giueth life to the bodie of trafficke; that is to say, The exchange for Moneys by Bills of Exchanges, is grounded vpon Moneys, and Moneys were inuented and made by common consent to be the rule and square to set a price vnto all things, and the right and true judges of them; and is therefore called Publica Mensura, Money the publicke mea­sure at home. or the publicke measure between man and man. But since the manner of Exchange was inuented be­tweene nations and nations, or countrie and countries, Moneys did onely remaine the publicke measure within the realmes or common­weales of euerie countrie, betweene man and man, according to the valuation of Princes and States imposed vpon Moneys: and the Ex­change of Moneys by Bills became Publica Mensura betweene vs and forreine nations, and between all nations in the course of commerce, Exchange for Moneys the publicke mea­sure betweene nations. according to which Exchangeal Commodities are bought and sold. And albeit that the aboundance or quantitie of Commodities, and the many or few buyers, or the scarcitie of Commodities, causeth [Page 60] the prices of Commodities to rise and fall; and likewise that plen­tie of Money maketh things deere, and scarcitie of Money maketh them good cheape, as a propertie inherent vnto Money as a true mea­sure: yet we must obserue in true order, That both Commodities and Money are Passiue, Commodities and Mony are things passiue. since th'exchange was inuented, which is only Actiue, and that in countries where all the essentiall parts of trafficke are vsed. But howsoeuer, the Maxime is to be obserued in the auoy­ding of the said ouer-ballancing of Commodities in price and quali­tie. Marcus Cato therefore saieth aduisedly: ‘Oportet patrem familias esse Vendacem, non emacem.’

A prince therefore (as the father of the common-wealth) ought to be a seller and not a buyer, which commeth to passe when the expen­ces of his common-wealth do not exceed his incomes and reuenues: this to be effected by keeping a certaine equalitie in the trafficke be­twixt his kingdome and forreine nations. Natural riches Artificiall ri­ches. For riches being naturall, or artificiall, and both subiect to Number, Weight, and Measure, re­quireth a certain equalitie in the true cōmutation of things between vs and other nations. Iustice distri­butiue and commutatiue. And justice being distributiue & commutatiue, euerie man of iudgement knoweth, that this part is comprehended vnder justice commutatiue; and that all trafficke consisteth of the land Commodities▪ Land Commo­dities. Sea Commo­dities. and of the Commodities of the seas, and lastly of the Commodities of other countries and nations. For God cau­sed Nature to distribute her benefits or his blessings to seuerall cly­mats, supplying the barrennesse of [...]some things in one countrie with the fruitfulnesse and store of other countries, to the end that interchangeably one common-weale should liue with another.

These Aphorismes or selected points are of great importance: for (as is noted before) gaine being the scope of all merchants, is pro­cured without regard had to the common-wealth; the wealth wher­of cannot properly decrease but three manner of waies, Proper causes of the decrease of wealth in a State. namely by selling our home Commodities too good cheape; by buying the fo­reine Commodities too deere; and by the transportation of Monys in specie, when the exchange of monys doth not answere the true value of it, by Bills of Exchanges; as shall be plainely demonstrated.

Exchange the Rudder of traf­ficke.For this Exchange is the Rudder of the ship of Trafficke, fastened vpon the Parallel of the keele of Equitie, which doth rule and direct the said ship vpon all the variations of the Commodities of all coun­tries. Many men knowing that the Rudder doth gouerne the ship, can notwithstanding giue little reason of the cause of it, but admire to see so small a piece of timber haue so great an operation; yet no man is so foolish as to attribute that power vnto the sailes or any other appurtenances of the ship, or to the maine bodie of it called the hull of the ship. Great is the error therfore of those that will ascribe any effectual operation to the quantitie of Commodities, albeit there was a trafficke and commerce without either Money or Exchange for Money, when the course of it was like a ship sailing without Rud­der or Compasse.

[Page 61]Money may well be compared to the Compasse, Money as the Compasse of a Ship, and Ex­change the Rudder. hauing so manie variations vpon the seuerall standards of the coines of all countries, and changing continually from time to time in valuation; Princes and Common-weales taking aduantage one against another, either to draw treasure into their Kingdomes and Territories, or to ad­uance the price of their countrie Commodities. And Exchange may properly be compared to the Rudder of a Ship, which com­mandeth the directions of the Compasse accordingly, and so doth the Exchange command the course of Money: for let the standards of Moneys be altered either in weight, finenesse, or valuation, the Ex­change by altering the price (with great facilitie) according to equity is able to meet and ouer-rule them all, as shall be declared in the pro­gresse of this booke.

The learned haue determined, Principles or Axiomes what they are &c. that no argument or disputation is to be maintained with those that will denie Principles, which by rea­son and common consent are indisputable, and stand of their owne authoritie: for by an vndoubted Principle or Axiome we know, That the whole is bigger than his part, that two is more than one, and that two equall things being equally diuided into a third, are all equall.

The knowledge of the premisses is so naturally and visibly engraf­fed in the mind of man, as no doubt can be admitted: neuerthelesse there are men so intoxicated in their iudgements, that being once possessed of an imaginarie conceit, they will neuer be remoued; as he was who asked of his friend, What he should do with a heape of stones and trash to be rid of it? and was answered, That he should digge a hole in the ground and burie them; and when the other de­manded of him, what he should do with the earth he should dig out? he told him he should make the hole so much bigger to put them in both, and he could neuer be recalled from this conceit, euen in na­turall and substantiall things to be felt, seene, and handled; insomuch that experience sheweth, that digging an hole, one shall hardly put in the same earth againe, without cramming and labour, much lesse the other.

The Pithagorians doctrine lately reuiued by Copernicus, touching the scituation and mouing of the bodies Coelestiall, denying the sta­bilitie of the earth, may in some measure be admitted argumentan­di gratia; for they set forth some Astronomicall demonstration, Copernicus his opinion of the motion of the earth. albeit imaginarie, and declare some reasons agreeable to experi­ence, namely that the Orbe of the fixed Starres is of all other the most highest and farthest distant, and comprehendeth the other Spheres of wandring Starres. And of the straying bodies called Pla­nets, the old Phylosophers thought it a good ground in Reason, that the nighest to the Center should swiftliest moue, because the Circle was least, and thereby the sooner ouerpassed, and the farther distant, the more slowly: and vpon this consideration, because of the swift course of the Moone, they did conclude, that the whole Globe of [Page 62] Elements was inclosed within the Moones Sphere, together with the earth as the Center of the same, to be by this great Orbe, to­gether with the other Planets about the Sunne turned, making by his reuolution one yeare; and whatsoeuer seemeth to vs to pro­ceed by the mouing of the Sunne, the same to proceed indeed by the reuolution of the earth, the Sunne still remaining fixed and im­moueable in the middest. Aristotle of the stabilitie of the earth. But Aristotle his reasons are generally ap­proued, to proue the earths stabilitie in the middle or lower part of the world, because of grauitie and leuitie, the earth being (of all other Elements) most heauie, and all ponderous things are ca­ried vnto it, striuing (as it were) to sway downe, euen to the inmost part thereof, with many other reasons made disputable by some, because the Planets and Starres are farre aboue vs. But to denie the Principle of Exchange and Money as aforesaid, may be refuted and proued to be so plaine an error, as we see the hand or Index of a dyall to be the thing actiue, which sheweth the houre, and the letters are things passiue and immoueable in the action; and so are Commodities in the course of▪trafficke, where Exchange is vsed.

Right merchants are taken to be wise in their profession, for their owne good and benefit of the common-wealth; for of the six mem­bers of all the gouernments of monarchies and common-weales, they are the principal instruments to increase or decrease the wealth ther­of; as may appear by the description of the following royall banket of Great Britaine. The royal ban­ket of Great Britaine. The king of Great Britaine considering that all common-weales are furnished with Diuine seruice, Armes, Laws, Riches, Arts, and Sustenance, & that the managing of these six things requireth six maner of persons, namely, Clergie-men, Noble-men, Magistrates, Merchants, Artificers, & Husband-men (which iointly are the mem­bers of all common-weales) was graciously disposed to inuite them all vnto a royall banket, where (after many pleasing discourses con­cerning hunting, and hauing proued by many examples, that the most renowned princes delighting in that royall sport, haue alwaies beene the best wariers) his Maiestie was pleased, that euerie member of his common-wealth as aforesaid, should in one onely word expresse the propertie of his profession or calling; whereupon the Clergie-men did say, we instruct; the Noblemen, we fight; the Magistrates, we de­fend; the Merchants, we inrich; the Artificers, we furnish; and the Husband-men, we feed. The king answering, vsed these or the like speeches: We do verie well approue your declarations in this briefe manner, recommending euerie one of you to discharge your duetie accordingly, Comparison and propertie of the bodie to the head, so betweene the king and his subiects. with a remembrance, that we (as your head) must make the bodie of the common-wealth compleate: for the office of a king towards his subiects, doth very well agree with the office of the head, and all the members thereof. For from the head (being the seate of judgement) proceedeth the care and prouidence of guiding, and preuenting all euill that may come to the bodie [Page 63] or any part thereof, the head cares for the bodie, so doth the king for his people: and euen as all discourses and directions flow from the head, and the execution of them belongeth to the members, euerie one according to their office; so is it betweene a wise prince and his people. And as the head by true iudgement may imploy the mem­bers in their seuerall offices being thereunto sufficient, or being defe­ctiue may cut them off, rather than to suffer infection to the rest: euen so is it betwixt the king and his people, for as there is alwaies hope of curing any diseased member by direction of the head, so long as it is whole; and by the contrarie, if it be troubled, all mem­bers are partakers of that trouble; so is it betweene the king and his subiects, who is therefore called Parens patriae, Parens patri [...] who like a father of the great familie of the common-wealth, doth studie for the welfare thereof.

The Lord Chancellor making a general answere, did acknowledge his maiestie to be the right and supreame head, without which the bodie was to be esteemed as a dead trunke, for said he, the royal Scep­ter of a Monarchie, guided with good and wholesome lawes, doth far exceed all other gouernments, Aristocratia. Democratia. which properly are called Aristo­cracies & Democracies.

Aristocracie is the gouernment of the lesse number of people of a common-wealth in soueraingtie, and Democracie (being contrarie vnto it) is the greater number of people gouerning. Monarchie the best go­uernment. Whereas a monarchie is a common-wealth where one sole prince hath the absolute gouern­ment, heere the peace, vnitie, concord, and tranquilitie of subiects consisteth by meanes of one head, by whose power common-weales are fortified, vertue thereby being vnited and more corroborated, than if it were dispersed into many parts, which giue occasion of strifes, turmoiles, and controuersies by the diuided powers and emulation of greatnesse: when as one person (imitating nature) doth gouerne (as the head) all the parts and members of the bodie, for the generall safegard 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; [Page 64] 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 [Page 65] 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 ouer­valued 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.

CHAP. VII. Of the Commodities of all Countries whereby commerce is mainetained.

Corporum tria sunt genera. ALbeit that the aforesaid Doctors of the Ciuile Law haue declared that there be but three kind of bodies of things, namely,

1 Quod continetur vno spiritu, vt homo, lapis &c. which is contained of one spirit, as man and a stone, or such like.

2 Quod ex pluribus inter se, coherentibus constat, vt edificium nauis &c. which consisteth of many things ioyned toge­ther, as a building, a ship &c.

3 Quod ex distantibus constat, vt corpora vno nomine subiecta, veluti popu­lus, legio, grex, &c. which cōsisteth of distant things, as many bodies vn­der one name, a People, a Legion, a Flock, and the like. Yet this difini­tion is not compleat, concerning the bodie of trafficke and com­merce, consisting of Bodie, Soule, and Spirit, namely Commo­dities, Mony, and exchange of Mony by Bills of Exchanges, as afore­said, which are to be described in order. And because Commodities, like vnto the Bodie, vpheld the world at the first by way of commu­tation and bartering of them according to necessitie and vsefulnesse: Therefore may it bee thought conuenient to set downe in this place, the particular commodities of all Countries, and (of some of them) their values and estimation, by meanes whereof Trafficke and Trade is established and maintained, that thereupon wee may proceed ac­cordingly.

Verely in the estate of Innocency all things were common; but alas this communitie of things indured but a while, and now by rea­son of our naturall corruption, and pronenesse to wrong one another, there is an absolute necessitie of proprietie and seuerall possession, which is consonant to the Law of God, as well as founded vpon the Law of man, and consent of Nations; it being the voyce of secon­darie Nature: This is my house, this is my towne, and this is my seruant, &c. whereby Meum & Tuum is distinguished.

The reuocation of this communion of things, is the nerues and bond of humane Societie, and the mother of labour and diligence. Who would Till the ground if he hoped not to taste of the crop of it? Surely all would be waste and desolate, if men were to plant and [Page 71] build for euery body, that is nobody. Wee see by experience, that the strongest would depriue others of the vse of things, vnlesse the law did interpose her authoritie, which is two fold, namely Paterna & Politica effected by the fathers of families, and magistrates. And herein is no other equalitie to be found concerning things, but a mutuall voluntarie estimation of them according to the vse and be­hoofe of the said things. And the prouerbe is true, That goods held in common, are (as it were) no bodies goods, and not manured as they ought to be, whereupon Plato in his second Common-wealth (vpon better consideration) did reuoke his former opinion of the commu­nitie of goods, and vsed to say, That no man was a gayner but another became a looser, which had an ouer great regard to the propertie of goods, and if there were no propertie of goods, all trafficke would cease.

Neuerthelesse, the Equalitie and Equitie in the course of Com­merce must be obserued, to auoid the ouerballancing of commodi­ties, as in the precedent Chapter is mentioned, which requireth a third consideration of an other kind of equalitie. For as we haue noted with Aristotle, Riches is either Naturall, or Artificiall.

The Naturall riches, as Lands, Vines, Forrests, Meddowes, and the like.

The Artificiall, as Money, Gold, Siluer, Cloth, and all other Ma­nufactures and houshold Stuffe.

Now as this Artificiall riches is proceeding of the Naturall ri­ches, and that both these doe receiue their price and estimation by money: So reason requireth a certaine equalitie betweene them, which wee find to bee defectiue, which is concerning the price of lands.

To prooue our Assertion, wee can hardly make this inequalitie appeare, albeit wee doe find the want of the treasure transported from vs into the parts beyond the Seas. For it befalleth vnto vs con­cerning monyes and wealth, as it doth to a Generall of a Campe of ten thousand supposed armed men, whereof muster being ta­ken at seuerall times, and vpon seuerall dayes, all of them are found to bee armed, because they lend their Armour to each other: whereas, if they were all mustred in a day, and at one instant, a great part of them would bee found to want Armour. So the like want of monyes and wealth would be found if rich men were exa­mined, for their personall estates vpon any vrgent occasion. And now let vs examine the commodities of all countries, beginning from the East and ending in the West.

CHAP. VIII. Of Commutation or Bartring of Commodities.

WE haue compared Commodities vnto the bodie of trafficke, which did vphold the world by com­mutation and Bartring of Commodites before money was deuised to be coined, whereof we are now to intreate. For commutation, barter, or trucke of Commodities was first effected in specie, by deliuering one Commoditie for another ac­cording to the commodious and behoofull vse of man; so that one did deliuer so many measures of Corne for so many measures of Salt, as was agreed vpon; another so many pound of Wooll against so many pound of Pepper, Sugar, or other commodities; an other so many peeces of such a commodity for such a commodity; or so many Hides for one barre of Yron, or so many peeces of Siluer vncoy­ned, but weighed and exchanged, as yet is vsed in some places of America, Barbarie and Guynea, and other countries. This may be properly called an exchange of commodities, or rather a permutation of commodities; albeit the Ciuilians, when there is scarcitie of Gold and Siluer in a countrie, and when the commodities in value sur­mount the money paied for them, they do call that a permutation, and denie the same to be an emption by their distinctions; how soeuer, this manner of commutation or barter was made by number, weight and measure of commodities in kind: but moneys being inuented and valued by the publicke authoritie of princes according to their seuerall stampes or coyne, and by common consent made Publicae Mensura, or the publicke measure to set a price vpon euerie thing. This commutation, barter, or exchange of commodities for commo­dities, was, and is (since that time) made according to the rule of mo­ney, whereby euerie man setting a price vnto his commoditie, doth sell and barter the same as he can, with a respect of the necessarie vse or request had of the commoditie, and of the qualitie and good­nesse of the same, being either corruptible commodities, or staple wares more durable, whereby all mettals and minerals came into greater estimation, and the purest was most valued and esteemed, euen in the verie trafficke by commutation when moneys were not [Page 84] coyned, and commodities were dispersed by commerce betweene nations by an interchangeable course, supplying each others occasi­ons and necessities, according to the vse of commodities.

Commutatio negotiatiua.This commutation is called Negotiatiua, because things are com­muted for to sell againe by way of negotiation, which is either by selling or deliuering commodities for commodities in specie, as afore­said; or by the rule of money in buying and selling the same at a price agreed or concluded vpon betwene the parties contracting for the same: In the estimation whereof we are to haue a due consideration, That riches being naturall and artificiall, and both valued by money, there is required a certaine equalitie in the said estimation, procee­ding of the consideration betweene this naturall and artificiall ri­ches.

And as there are three temporall things for the behoofe of man, namely Food, Houses, and Apparel: so must we account all the things seruing thereunto accordingly, and the scarcitie or plentie of those things also according to the vse of them; hauing alwaies a regard and care not to pay too much for the things seruing for the bellie, (es­pecially such as in some sort may be spared or forborne) and not to sell too good cheape the things seruing for the backe, or in effect to barter them for superfluous things, alwaies admitting ciuilitie (which albeit that men account that ciuile, which is according to the man­ner of euerie countrie as the prouerbe is, countries fashion, countries honour:) yet reason must rule herein, with a due consideration of Gods good creatures and gifts, which cannot be done without an vnfatigable industrie, both in discerning the varietie of them, and in obseruing their infinit number and pure creation; in which regard pretious things haue their estimation, so that the same ciuilitie must be reduced to the good of the common-wealth, and for the vphold­ing of the same, liuing together in christian societie, giuing so farre place vnto reason, that euerie man may endeauour himselfe for the preseruation of the weale publike, and conceiue generally, that other nations (not indued with so much reason) are alwaies inferiour vnto vs in that regard, euen considering all men alike in an estate of poli­ticke gouernment. Who seeth not then that without any cause of ad­miration, some men doe wonder at the simplicitie of Brasilians, West-India, and other nations, as they of Barbarie, or Africa, in giuing the good commodities of their countries, yea Gold, Siluer, and pretious things, for Beades, Bels, Kniues, Looking-Glasses, and such toyes and trifles? when wee our selues commit the same, in gi­uing our staple wares for Tobacco, Orenges, and other corruptible smoaking things, or superfluous commodities bought at deere rates, to the losse of the common-wealth: whereby commeth an ouer-bal­lancing of foreine commodities with our home commodities, which draweth away our treasure and readie moneys to the incredible losse and impouerishing of the realme.

This commutation negotiatiua ought to be the studie of Polititians [Page 85] or States-men, as a principall matter of State for the preseruation and augmentation of the wealth of their Common-weales or Mo­narchies, where they sit to direct the ship of trafficke; as skilfull Pilots obseruing all accidents which happen to the three essentiall parts of trade and commerce alreadie declared, and to be amplified in our description of this customarie Law of Merchants.

This Studie consisteth in two points, namely in the consideration of the value of the things commuted or bartered betweene coun­trie and countrie, according to their vse; and in the charges of manu­facture of those things, and the manufacture of other things exchan­ged for the same by way of trafficke and commerce.

Worthie of commendation was the Maior of Carmarthen towne in Wales, The due com­mendation of the Maior of Carmarthen. who (perceiuing the Spaniards to import Oranges and Le­mons, and to sell them continually for readie money, and to export the same without buying any of their countrie commodities being Staple wares, and theirs verie corruptible and many times halfe rot­ten) caused a proclamation to be made, That no man (for the space of three daies) should buy any of those Oranges and Lemons: and with­in that time they were all spoiled, and so the Spaniard went home by weeping crosse, and afterwards sold his Oranges better cheape, and bought commodities for his returne.

Touching the price of manufactures, the labour and charges of workemen is to be considered on either side, and what the commo­ditie may be in the wearing or vse thereof, and to what purpose or profit the remainder may be imployed. As for example, If silke Lace be imported, after the wearing it is nothing worth: If Ve­nice Gold and Siluer be imported, there will remaine about the one halfe in Siluer, albeit the same be sold deere vnto vs; which is verie tollerable, if other of our manufactures, or Cloth, be ex­ported for the same, whereby the people are set on worke to main­taine a common societie. But when Tabacco is imported, Hinderances by Tabacco &c. and leaueth nothing but smoake, which is not onely bought at deere rates, and doth hinder importation of Bullion or Ryals of Plate; but is also the cause that our home commodities, as Cloth, Bayes, Perpetuanoes, and Sayes, are sold to losse by the buyers of Ta­bacco; which causeth the price of our commodities to be abated, and the realme to loose aboue fortie thousand pounds yearely by this negotiation of barter: States-men therefore might in this par­ticular, take some course that euerie man should not make employ­ment in Tabacco in Spaine, or beyond the seas, but that the li­censed buyers thereof should make ouer so much money by ex­change as were needfull for a competent quantitie, to be proued by good and true certificate that the same hath beene performed accordingly.

On the other side if Venice Gold and Siluer thred, Spangles, and Oes, shall be thought conuenient to be made in England; then (to procure the Siluer in plates cut or vncut to be brought ouer of the [Page 86] sterling Standard, or so much in Bullion as may make the quantitie required) may be thought expedient, if (in regard of ciuile reputa­tion of the kingdome) we will not prohibit the importation of it by course of trafficke.

But considering that after wearing the same with reputation, it leaueth almost the one halfe of his value. There is no pregnant cause to find so much fault with it, as some men do. The like consideration is to be had for such manufactures, whereof the verie peeces or rags may be vsed to some purpose, as of Linnen to make white paper, of fishers nets to make browne paper, of skins to make glew, of beere leeze to make Aqua vitae and the like.

And here we may not omit how Almightie God by his diuine pro­uidence ruleth many times this negotiating commutation, when the haruest of Corne faileth in one countrie, and is prosperous in another countrie, whereby this trade of barter by the rule of Mony, doth ve­rie much augment, and the price of Corne becommeth to be much deerer: Albeit the price be reasonable, considering the Fermer may by the cheapnes thereof be made vnable to pay his rent. And God, who doth euerie thing for the best, sheweth vnto vs how one nation may haue need and occasion to vse the help and meanes of other nati­ons, and which is more admirable to be noted, God in the permitting of it, may haue some other work in hand to manifest his glorie, or to relieue his children by vnexpected meanes; As the sending of the children of Iacob into Aegypt for the want of Corne to maintaine themselues, doth demonstrate vnto vs. The like may be applyed for Wines, Salt, and other commodities for the sustenance of man, which (although they be corruptible commodities) may, contrarie to our former assertion (by this accidentall or casuall extremitie) be prefer­red in estimation of the Staple commodities, which are durable, and become valued only by Gold & Siluer, which is the cause that Spaine and Portugall being subiect to haue dearth of Corne, do permit the exportation of Siluer and Gold in returne of the prouenue of it and other victuals, Gold and Sil­uer bartered for Corne and Victuals. whereby we find that those countries, by reason of the West-Indian treasure, being from time to time prouided with Siluer and Gold coine, are neuerthelesse most destitute of the same, bartring as it were in effect, their Siluer and Gold for Corne and other proui­sions; and, hauing their countries stored with meere copper Moneys. This treasure passeth from them as if it were conueyed by a channel: and (because of the aboundance of their said Copper moneys) is not so sensible vnto them, as it is vnto other countries which haue not the vse of the like Copper moneys, which is diuers waies to be conside­red, especially in the time of wars, when moneys are called to be the sinewes thereof, or Nervi Bellorum, which by meere Copper moneys can neuer be vnderstood, howsoeuer necessarie (in some measure) for the commutation of pettie bargaines and contracts, whereof more hereafter in handling the matter of Moneys.

To make application of this negotiating cōmutation in the price of [Page 87] Commodities, it is to bee prooued by diuers ancient Merchants bookes, that within the age of a man, or seuentie yeares, the price of forraine Commodities with vs is farre more risen than the price of our home Commodities; which by way of Antithesis is worthy the obseruation.

Redding colour, and other mingled colour Clothes, did cost 9 ll the Cloth then, when Blacke Veluets were sold at 10 shillings the yeard; and now the said sort of Clothes are sold but for 11 ll and 12 ll the Cloth, and Veluets at 26 shillings the yeard.

Packe Clothes white, at fiftie pound the packe of tenne pieces, Cramosin Veluets at 12 shillings the yeard. And now Packe Clothes of the same marke, at ninetie pound, and a hundreth pound, and Cra­mosin Veluets at thirtie shillings the yeard.

Wooll the Todd of 28 ll weight, at 12 shillings, Blacke Satine at 5 shillings the yeard; Wooll now aboue 20 shillings, or thereabouts, and Satine 15 shillings.

Calfe skins the dozen 5 ss; Fustians the Bale of 40 ½ pieces, at 12 ll the Bale; Calfe skins now at 10 ss, and Fustians 36 pounds, and Mil­laine Fustians at 18 and 20 shillings the piece, now at 3 ll and aboue.

Sayes of Norwich, at 20 ss the piece and vpwards: Messina silke 8 ss the pound; Sayes are about 40 ss, Foraine ware [...] risen, 3 to, 1. and Messina and the like silke aboue twentie six shillings. Northerne Carseyes then 18 ss, Spanish Soape 20 ss, now 50 ss, and Carseyes 22 ss. Seuill Oyle, the Tunne 12 ll, now 35 ll, and many times aboue fortie pound.

French Wine at 5 ll the Tunne, now 20 ll, or thereabouts. Long Proines 5 ss, now 15 and 16 ss; Sugar 6 pence the pound, now 14 and 16 pence.

Malmeseyes 5 ll the Butt, now 18 ll and 20 ll; Cotton Wool 4 d. now 15 d. and diuers other commodities accordingly. So that an an­gel would haue bought one yeard of Veluets, now three Angels or pieces of gold can be exported for the same. Ten Angels would haue bought a Tun of Claret Wine in England, which is now sold for aboue twentie pound, and twentie foure pound.

Besides that, our Cloth is better made than in those dayes, albeit not so good as it might be made; victuall and wages are deerer, and Woad, Mather, Oyle, and colours are extreamely risen.

A Merchant might haue sent or carried with him one packe of Clothes, white, broad, or narrow lists, and brought in returne one Chest containing nine or tenne pieces of Veluets: whereas now he cannot bring aboue three or foure pieces in returne thereof. For a Redding Cloth sold beyond the Seas, hee might haue re­turned one Bale of Fustians; whereas now for the value of one Bale of Fustians sold in England, a Merchant must buy and export three Clothes.

A London mingled colour cloth, would haue bought at Lisborne two chests of Sugar; now one chest of Sugar will draw two Clothes out of the Realme: So a Kentish Cloth would haue [Page 88] bought at Seuill a Tunne of Oyle and more; now one Tunne of Oyle doth counteruaile three Clothes and more, and other com­modities accordingly, giuing (as it were) three to one in specie for foraine commodities.

Commutation is compared vnto monyes in kind.Compare this commutation to the monyes inhaunced in the Low Countries, Germany, France, and some other Countries (which is the same money still in specie for weight and finenesse, and onely the va­luation is altered) and you shall find that within the said time of se­ventie yeares, an Angel worth ten s. then, is now aboue twentie s [...]il­lings; a French Crowne six shillings, now twelue shillings six pence, and all other coynes accordingly, or thereabouts: whereas in Eng­land there is no momentarie alteration of the monyes, as heereafter shall be made more apparant. And the like consideration will also bee had concerning the Exchanges of monyes by Billes of Ex­changes.

Some men are of opinion, that selling our home commodities good cheape, maketh a liuely trade, augmenteth commerce, and maintaineth all the dependances thereupon, by setting the peo­ple on worke, imploying Ships, and augmenting the Kings Cu­stomes and Impositions: But they neuer consider two principall points whereby the wealth of Kingdomes and Common-weales in­creaseth or decreaseth, namely:

Inconuenien­ces to sell com­modities good cheape.If commodities imported vnto vs, bee dearer than in times past, as we haue noted, and our home commodities are not sold propor­tionably in price, but wee will indeauour still to sell good cheape: who seeth not that this bringeth an euident ouer ballencing of com­modities in price, which is to be ballanced by the treasure and mo­nyes of the Realme.

Againe, if our home commodities be sold too good cheape, other nations can make a trade thereby for other countries, and ouerthrow the trades of seuerall Societies of the Realme. We haue seene in times past, that the Westerne colour Carseyes were sold at Noren­borough in Germany, to the great losse and hindrance of the then Turkie trade; and at this present our Suffolke clothes are sold so good cheape beyond the Seas, at Amsterdam and other places, that they haue made a large trade for Russia and East-land with our home commodities, and thereby ouerthrowne our trade by preoccu­pying the Markets, and ingrossing the commodities of those coun­tries aforehand. From Zealand there is a trade establis [...]ed for Barba­rie, with the said clothes sold vnto them, thereby preuenting the trade of English Merchants, which yeeldeth them but little profit, and the commodities which they bring in returne (as Hydes, Al­monds and other things) are better vented beyond the Seas, where our Merchants are forced to transport them, and the gold which they bring affordeth but little profit; The times and seasons of trade are vari­able. so that to make commerce to be a pastime, is neither beneficiall to the Common-wealth, no [...] to particular persons. The times or seasons of Trafficke and Trade are [Page 89] mutable and subiect to accidents, which is the cause that at some one time, commodities are well vented, and at another time not; the rash sale is not the profitablest. Haue not wee found of late yeares, that cloth was sold in greater quantitie, and at greater prices, when the Todd of Wooll was sold at 32 and 33 shillings, and clothes accor­dingly, than now when Wooll is sold for 18 and 20 shillings▪ The reuolution of things may alter againe and reuiue trade; if not, pro­cure you to haue foraine commodities better cheape, whereof you haue not so much need, as they haue of ours. Striue not to vndersell others to the hurt of the Common-wealth, vnder colour to increase trade: Causes increa­sing trade and comme [...]ce. for trade doth not increase when commodities are good cheape, because the cheapenesse proceedeth of the small request and scarsitie of money, which maketh things cheape: So that the contra­rie augmenteth trade, when there is plentie of money, and commo­dities become dearer being in request.

Concerning the particular barter or truck with Merchants, euery man doth know who dealeth therein, Particular barters. that this is done with such dex­teritie, to take aduantage in the price of their cōmodities one against the other, that commonly either the one or the other findeth himself agreeued: For the ouerreaching therein, is accounted an vsuall and ordinarie practise, and the commodities thus bartered are plentifull, and not in request; whereby it commeth to passe, that to haue good commodities (which are vendible at all times) there is part giuen in readie money, or in Billes payable at short dayes of payment; where­by many Merchants are ouerreached, and can haue no remedie by law nor equitie. Hence the Prouerbe is deriued, Caueat Emptor; for it is a buying and selling, implying an aduantage intended by both parties, how soeuer they wil seeme to colour the matter. So that the Prouerbe is not to be vnderstood, vpon all bargaines of commo­dities whereby a man becommeth a loser; and he that dealeth in bar­ter must be very circumspect, and the money giuen in barter cannot be ouerset: Whereupon a principall Merchant of London, made once a barter, in hope to ouerreach another Merchant, and they both being resolued to doe their best indeauour therein, agreed to esteeme and value their commodities at a high rate: A cunning commutation. but withall the great Merchant, would haue the one moitie (of the somme they should barter for) in readie money, and so the more hee did ouerualue his commoditie (which was cloth) the more money was the other to lay out. The bargaine came to one thousand pounds starling, where­upon the partie payed fiue hundreth pounds in readie mony instantly (for all was done in two houres:) and deliuered him also fortie halfe pieces of Lawnes, at a certaine price the first piece, and in euery two or three pieces raising the price, as the manner is in that kind of com­moditie. The great Merchant had ouerset his commoditie or clothes fiftie vpon the hundreth, and the other Merchant (that could not ouerset his money) had valued his Lawnes at a very high rate of three for one at the least. For all the said fortie halfe pieces of Lawnes [Page 90] were sold for 120 ll payable at two yeares day of payment, and by the cloth there was not lost aboue one hundreth pounds. Hereupon long after the said parties fell at variance, the cause was by them com­promitted vnto verie sufficient arbitrators, Merchants, and they did approoue and confirme the said Commutation and Barter to bee good, for that the commoditie was Merchantable, and they had en­deauoured to trie their wits to ouerreach each other. And moreouer they awarded, the great Merchant to pay charges, and willed him to remember the old Prouerbe, Hee that buyeth Lawne before he can fold it, will repent before he hath sold it. But these particular commutations betweene man and man are not hurtfull to the Common-wealth, vn­lesse they be betweene vs and forraine Nations in the pluralitie of the things commuted betweene vs and them.

A Rule for commutationsTo prescribe therefore some kind of Rule in Permutations, let vs obserue that there is (in effect) Three kindes of them, and may bee distinguished and said to bee, Discreet, Temperate, and Desperate.

Discreet com­mutation.The Discreet is, where (without any compulsion, or of course) one kind of commoditie is, either in specie, or according to the rule of money bartered or deliuered for another commoditie of another Kingdome; as the bargaine was to deliuer Sea-coales of New-castle, into France for Salt, paying the fraight on either side equally be­tweene them.

Temperate commutation.The Temperate Commutation is, where a Merchant doth expect a conuenient time for the selling of his commoditie, according to the accidents and occasions offered, and doth not ouerthrow the Market of others (that haue the like commoditie to sell) by his rash sale.

Desperate commutation.The Desperate Commutation is meere opposite vnto it, where a man either for want of discretion, or vpon vrgent necessitie to supply his credit and occasions, selleth or bartereth away his commodities, for other forraine commodities to returne homewards. In all which great discretion is to be vsed, and this ought to be a principall studie for Societies and Companies to looke vnto. Albeit the same is not of such importance, as the buying of forraine com­modities at deere rates, when Merchants striue to engrosse them, vpon the arriuall of Ships, as (for Corrints) hath happened at Zante and Venice.

CHAP. IX. Of ordinarie buyings and sellings of Commodities.

EVerie man knoweth that in the buying and sel­ling of commodities, there is an estimation and price demanded and agreed vpon between both parties, according to a certaine equalitie in the value of things, permuted by a true reason grounded vpon the commodious vse of things: So that equalitie is nothing else but a mutuall voluntarie estimation of things made in good order and trueth, Definition of equalitie. wherein inequalitie is not admitted or knowne. And the seller is to sell his wares according to the common estimation and course, at such time as he shall thinke conuenient, vnlesse it be for victualls and mu­nition, wherein necessitie compelleth him to sell for the generall good, by the interposition of the magistrates by whose authoritie he can obserue no time, but must sell, taking a reasonable gaine for the same: for the estimation is also the greater vpon such occasions and accidents, when the selling of a thing is not according to the good­nesse of the nature of the thing, but rather according to the vseful­nesse of it to mankind; and therein the condition of the thing is to be considered, which may decay and be subiect to corruption in quantitie, qualitie, and substance, or which is not subiect thereunto.

True it is that there can be no rule prescribed or taught how to buy and sell, which is lawfull and vnlawfull, or iust and vniust, by any wise man whatsoeuer, because the children of this age are wiser than the children of light in their generation and calling; which is the cause that some Diuines (hauing written hereof) do pro­ceed with great moderation, Tho. Aquinas, Scotus, and others. obseruing that the transferring of things from one owner vnto another, is effected fiue maner of waies by priuate persons.

• 1 By Donation, which is altogether of free gift, according to the saying recorded, Luke the sixteenth chapter, Mutuum date,
  Fiue means to transferthings
  nihil inde spe­rantes.
• 2 By Permutation, Do vt Des, I giue because you should giue: as the prouerbe is,
  Si mihi des, tibi do, si nil des, nil tibi reddo:

  Hoc verbum do, das nutrit amicitias.
• 3 By Emption or buying of things.
• [Page 92]4 By Vendition or selling of things.
• 5 By actiue mutuation, or mutuall giuing or lending of moneys.

Eleuen con­ditions in the buying and selling of things.And in buying and selling of things, there are required eleuen ne­cessarie conditions; First, a consent in the selling; secondly, a power to sell, the like in the buyer; thirdly and fourthly, consent and pow­er; fifthly and sixthly, some conditions on either side, agreeing in the transferring of the thing; seuenthly, that the same be honest; eighthly, also lawfull; ninthly, and tenthly to be without vnreaso­nable conditions, to buy and sell the same againe; eleuenthly, that it be an absolute irreuocable bargaine. And herein is the law of nature to be regarded and obserued, Quod tibi fieri non vis, alteri ne feceris, or do as you would be done vnto: Yet if I haue occasion to buy that which another is about to buy, it is lawfull and iust for me to buy the same.

Three things to be obserued in the selling of things.But to auoid suspition in selling iustly or vniustly, three things are required; First, the buyer to be expert in the commodities he buyeth; secondly, that he be not too needie, or constrained to buy; and thirdly, that persuasiue reasons be ommitted, which cause the partie to buy deerer.

The Ciuilians (affirming, that probabilitie to proue the estimation of a thing is sufficient, whether it be more or lesse worth) do admit that a man may sell deerer vnto an expert man, than vnto a simple man; and to sell deerer than the thing is worth by common estimati­on, is adiudged by them to be alwaies vniust: as also to vse reasons and inducements to sell wares the deerer, neither is the seller to de­mand or expect any thing aboue the price agreed vpon. And intrea­ting hereof, they make large discourses, which I do admit to handle for the reasons aforesaid.

Buying and selling, say they, is done two manner of waies, First that the thing be so bought, that all power of pretence be auoided, which is giuing a thing at a certaine price for the thing: and secondly, that the thing sold be as a gift for that price, which in substance may be said to be a plaine, absolute, and lawfull bargaine, sold (as we say) in open market or shop, Selling in open market or shop. in so much that there be not a curtaine to hide the commoditie so bought and sold: howbeit in all faires and mar­kets in the parts beyond the seas, a Trades-mans shop, and a Mer­chants ware-house is taken to be publicke and open at the appointed times.

They haue also determined, that a seller may not demand a grea­ter price for the forbearance of his payment or satisfaction of the thing, but he may well diminish the price, if the buyer do satisfie him the sooner, Payments by anticipation. and before the time of paiment, by way of anticipation, which neuerthelesse resteth in his power to accept thereof, or to ex­pect the time. But this is commonly done (not by abating of the price of the commo ditie, because money hath made a certainetie of the totall summe of the said commoditie) but by allowance or de­duction of the interest of the said money for the time to come and [Page 93] vnexpired, according as they make their agreement of the price of interest.

To conclude the premisses touching buying and selling, we find, that no man in selling any wares is bound to declare, whether any quantitie of the like wares are to be had or expected when he selleth.

CHAP. X. Of Suretiship and Merchants Promises.

HAuing intreated of the ordinarie buying and sel­ling of commodities, either for money to be paied at some daies of payment, or for wares to be deliuered by way of permutation, (wherein many times a third person is interposed, or it doth meerely depend vpon the parties promise) it may seeme conuenient to handle the point of Suretiship and Promises.

For albeit as the Ciuilians say, A bare or na­ked couenant. that Nudae pactio obligationem non pa­rit, exceptionem parit, a bare or naked couenant bindeth not, but bree­deth exceptions; this is to be vnderstood vpon contracts, and where no sureties haue made any promise: But otherwise if any merchant do passe his word for another; it maketh him liable, as fide inssor to performe the same, and the act done before is a sufficient good consi­deration, and they all agree that bona fides inter mercatores est seruanda, Faith or trust is to be kept betweene merchants, and that also must be done without quillets or titles of the law, to auoid interruption of trafficke, wherein his Suretiship is to be considered according to the promise; for if it be conditionall, if such a man do not pay, then the other to pay the same within a time, or to saue him harmelesse: it is first to be demaunded of the Principall, and if he do not pay, then the Suretie is to pay it without any course of law, vnlesse he be orde­red by the Court of Merchants to performe the same, because that thereby he may also the sooner recouer the same of the Principall for whom he did giue his promise. It is also a custome amongst Mer­chants, that if a Merchant be indebted vnto another, and thereupon intreateth another merchant to desire the creditor to respit him some time for the paiment of it; if then the said merchant the debtor do not pay accordingly at the time, he shall be taken pro confesso, and sen­tence [Page 94] shall be giuen by the Merchants Court for the paiment there­of, onely vpon proofe made, that he did will another to craue the said respite of time for the paiment. The like is done by the Com­mon law of England by triall of Iuries of 12 men, vpon proofe made by euidence produced before them, that the debtor did craue day of paiment, so that they will thereupon deliuer their verdict, and iudge­ment and execution may be of course had for the same. But if the promise be not conditionall, then is he an absolute Suretie, and is to pay the same accordingly, as merchants of credit alwaies haue done.

To become a suretie vna­wares.A merchant may also be come in the nature of a Suretie vnawares, or vnknown vnto him, as befell vnto a friend of mine not may yeres since at Frankford in Germanie, who during the Mart or Faire, went into a merchants Ware-house to conferre of some businesse with him, where hee found another merchant of his acquaintance to cheapen some parcel of silke wares with the said other merchant, to whom this man (as it seemed) was vnknowne; whereupon the seller of the said silk wares tooke occasion to aske my friend whether he were a good man and of credit, and he answered he was, so the bargaine was made, and goods were deliuered vnto the said merchant the buy­er, to the value of 460 ll, for the which he made a bill obligatorie, payable the next Faire following: at which Faire (the partie not ap­pearing) demand was made of my friend to make payment of the said 460 ll, because the partie was absent, and withall some doubt was made of his sufficiencie; my friend had not so much as remembred that any such question was demanded of him, but the partie did put him in mind of it by circumstances, and would be paied of him, he in defence did alleage it to be nudum pactum ex quo non oritur actio, and so not bound to pay the same, as hauing had no consideration for it. The opinion of merchants was demaunded, wherein there was great diuersitie, so that the Ciuile Law was to determine the same; and by the said Law according to the title de mandato consilij, he was adiudge to pay the said 460 ll, and to haue the debtors bill obliga­torie made ouer vnto him, A caueat for merchants &c. whereof he could neuer recouer one pen­nie, although he did pay the whole debt and dammages, for the par­tie became insoluent. This may be a good caueat for merchants and all men; for if he had said, He is taken or reputed to be a good man of credit, or, I take him to be so; he had beene cleered by the law, and the custome of merchants.

Considerable promises.Some promises are considerable, according to reason, as if a man vpon a penaltie do promise another not to molest or trouble him; if the other giue him cause of offence to breake the same, he incurreth not the penaltie; and a promise made to do a thing is alwaies vnder­stood to be for the first time. So to make a promise that a pawne shall not be alienated, yet it is held by diuers that the same may be hipo­thecated vnto another, so the pawne be preserued. Againe on the con­trarie, if a ship-wright do promise to build a ship for a merchant, and hee causeth the same to be done by another, here the promise is [Page 95] broken by the Law, albeit this question is not materiall, for it is not like that the building of Ships can be done without contracts in wri­ting, and onely by bare promises. And the like may bee said to the greatest part of all the questions, wherewith the Bookes of Ciuilians are fraighted; so that for Merchants vnderstanding, the ancient or­dinarie Customes obserued in the course of the said Essentiall Parts of Trafficke, is plainely to bee declared and distinguished from liti­gious questions.

CHAP. XI. Of the Reuolution of Buying and Selling of Commodities, by the course of Trafficke.

EVen, as the whole Commerce and Trafficke consi­steth of our Land Commodities, and some fishing on the Seas, and of the Commodities of forraine Nations; So from hence followeth, An efficient Cause of a kind of Reuolution in buying and sel­ling of Commodities: because the commodities of one countrie growing rancke and aboundant, are transported into other countries, in whose steed needfull commodities of those king­domes and countries and returned thither, which is a neighbourly lending betweene kingdomes and countries. For, as is noted, God caused Nature to distribute her benefits, or his blessings to seuerall Climates, of diuers things found in some places, that are not in other places; to make an interchangeable course of the said commodities by way of merchandizing.

This Reuolution of Trade, Sundry means for buying and selling. may be illustrated by the considera­tion of the seuerall meanes, whereby the said buying and selling are effected.

1 The first is, buying with readie money, For readie money. which is commonly the best, and with most aduantage, for commodities are sold better cheape: wherein the knowledge of the goodnesse and necessarie vse is requisite.

2 There is also a buying and selling of Commodities, For readie mony and pai­able at times. paiable at some limitted time or times of paiment, or partly readie mony, and partly at times: and the difference of price heerein, is commonly aboue tenne vpon the hundreth more or lesse, as the rate of monyes at interest are in the places of Commerce, where the said Commodi­ties are sold or bought, and according to the plentie of mony extant, vnlesse the superaboundance of Commodities doe alter the same, especially if the Commodities be perishable, by Corruption, Time, and Accidents; so that the condition, qualitie, or goodnesse of the [Page 96] commoditie is much to be respected: which was the cause that when commodities did abound at the first, and the wealth of man was de­scribed by cattle and the like perishable things; all kind of metall (as being durable) was most esteemed, and the purest mettall taken to be fittest to make monyes of, as hereafter shall bee amply declared in our second Part.

By Billes of Exchange.3 There is another buying and selling of commodities, to bee payed by Billes of Exchanges, that is to say, The Buyer giueth a Bill of Exchange, or many Billes to bee payed by exchange in another place; as for example one buyeth fiue hundreth pounds worth (at London) in commodities, which are accounted in price, as if hee had bought them for readie mony, and doth giue vnto the Seller of the said commodities one or more Billes of Exchanges for Antuerp, Amsterdam, or any other place, to be payed according to the price of exchange which is made, or ought to be made, according to the va­lue of the monyes of one Countrie, and the value of the monyes of other Countries, by weight and finenesse, as shall be heereafter decla­red, and that according to the distance and discrepance of the time and place, where and when the said monyes shall be payed by the Buyers friend, Factor, or Seruant; and so the said Bill or Billes of Exchanges are payed accordingly for the commodities so bought.

By mony pay­able in Banks.4 Another Merchant, hauing mony in Bankes, or in the Bankers hands at Amsterdam, or any other place where Bankes are kept, buyeth some commodities in the said places, and casting vp what the same doth amount vnto; hee goeth to the Banke and assigneth the Seller of the said commodities to receiue so much mony there, and the Banke (accepting thereof) giueth him satisfaction in the payment he maketh vnto others, according to the manner of Bankes hereafter declared.

By a Letter of Credit.5 Another buyeth some commodities there, or in any other place beyond the Seas, and for that purpose he hath a Letter of At­turny, called a Procuration, or a Letter of Credit, either from his Master or any other here at London, or elsewhere; who vpon his Credit, hath promised thereby to pay the value of the said goods in some place beyond the Seas, according to a price of Exchange agreed vpon betweene the parties here (and the like is done beyond the Seas to be payed here) which is still according to the value of monyes in both parts, answerable to weight and finenesse by way of Exchange. And the like is done betweene London and Exeter, Plimmouth, Yar­mouth, and many other places, vpon the very same and vniforme Coyne, by Letters Missiue betweene Merchants here and there.

For Billes Obligatorie.6 The most vsuall buying and selling of commodities beyond the Seas, in the course of Trafficke, is for Bills of Debt, or Obligati­ons, called Billes Obligatorie, which one Merchant giueth vnto ano­ther, for commodities bought or sold, which is altogether vsed by the Merchants Aduenturors at Amsterdam, Middleborough, Ham­borough, and other places. For when they haue sold their Clothes [Page 97] vnto other Merchants, or others, payable at 4, 6, 8, or more months; they presently transferre and set ouer these Billes (so receiued for the payment of their Clothes) vnto other Merchants, and take for them other commodities at such prices as they can agree with the Seller of them, be it Veluets, Silkes, Satins, Fustians, or any other wares or commodities, to make returne of the prouenue of theirs; and so selling those forraine commodities here in England, they presently buy more Clothes, and continue a Reuolution of buying and selling in the course of Trafficke and Commerce, being so (in effect) as may be illustrated by example.

Suppose A.B. the Clothier selleth to C.D. the Merchant one pack of Clothes, Example of of the Re­uolution in Trafficke. for the summe of one hundreth pounds paiable at six mo­neths, and doth condition with him to make him a Bill in the name of such a man as hee shall nominate vnto him: A.B. the Clothier buyeth of D.E. the Gentleman, so much Wooll as amounteth to one hundreth pounds, and doth intend to deliuer him the Bill of C. D. the Merchant, in full payment of his Woolls, and to cause the same to be made in his (this Gentlemans) name: But D.E. the said Gen­tleman, caused him to make the Bill payable to E.G. the Mercer, and the Mercer is contented with the like condition to accept thereof; but he caused the same to be made payable to C. D. the Merchant, of whom hee buyeth his Veluets and Silkes; and so in payment of them, hee deliuered him (by an Intermissiue time) his owne Bill, which hee first should haue made to the Clothier. And herein you are to note, that in the buying by Bills, it may bee made payable to the Clothier, or to the Bearer thereof, and so all the parties are bea­rers thereof, vnto whom the same is set ouer by Tradition of it one­ly, which by a Retrograde examination will appeare; and this is cal­led a Rescounter in payment, Rescounter by Bills of Debt. vsed amongst Merchants beyond the Seas, and seemeth strange vnto all men that are ignorant of this Cu­stome, and yet doe they perceiue a reason for it, and cannot deny the commodiousnesse thereof.

The Common Law of England, is directly against this course; for they say there can bee no alienation from one man to another of debts; because they are held, Choses en Action, and such whereof no propertie can passe by assignement or alienation; and many good Lawyers doe wish as well as Merchants, that there were an Act of Parliament made for the establishing of the like course in England. By reason whereof, let vs in the next Chapters handle this matter more distinctly, and declare the benefits which the Realme will re­ceiue thereby, and all Merchants and others negotiating for great summes.

There are other manner of buying and selling of commodities, by Contracts, and vpon Conditions and Casualties, which are to bee declared in their proper places, whereunto relation may bee had hereafter.

CHAP. XII. Of the Transferring or setting ouer of Billes Obligatorie, betweene Merchants and others.

WE haue in some measure, in the precedent Chap­ter, declared the Vse and Custome of Merchants beyond the Seas, in the Transferring and setting ouer of Bills Obligatorie, or Billes of Debt, which they giue each to others for the payment of Commodities, bought and sold by way of traffick and trade, it resteth now to speake there­of more amply. For the sinceritie of plaine dealing hath hitherto beene inuiolable, The manner of Billes be­yond the Seas. in the making of the said Billes, which euerie man of credit and reputation giueth of his owne hand writing, or made by his seruant, and by him subscribed, without any seale or witnesse thereunto; and is made payable to such a Merchant or person, or to the Bearer of the Bill, at such time or times of payment as is agreed and concluded betweene the parties, either for money or commodities lent or bought, and so declared in the said Bill, accor­ding to the forme hereafter expressed.

This Custome is much practised by the Merchants Aduenturers beyond the Seas at Middleborough, Amsterdam, Antuerp, Hambo­rough, and other places where they do trade, in manner following, as we haue noted.

A Merchant, hauing many of these Billes, which he hath receiued for his Clothes sold vnto Drapers (or other Merchants dwelling in seuerall townes and places) will resort vnto a Shop-keeper, or ano­ther Merchant, commonly accompanied with a Mediator or Broker, to buy a good round quantitie of Silke wares, The setting ouer of Billes of Debt. or any other commo­ditie (which is ordinarily sold payable at some dayes of payment ei­ther 4, 6, or more monethes) and hauing agreed vpon the price of the said commoditie, or before; hee maketh the seller acquainted what payment or satisfaction hee will giue him, in Billes of such and such persons, amounting to such a summe, either little more or lesse than the commoditie doth amount vnto; or to take in commoditie so much as the said Billes doe containe, or doe a­mount vnto; and if there bee any remainder due for the com­moditie, more than the Billes doe amount, the same to bee payed in readie money, or vpon his owne Bill, payable at such a time as they agree betweene them, which often commeth to be a [Page 99] great summe. Heereupon all such Bills as are of knowne persons are soone accepted of, and of the vnknowne persons, either him­selfe that is the Seller, or the Broker, will inquire of their sufficiencie, and then likewise accept of their Bills in paiment; and hauing taken their Bills, (which are made payable to the Bearer, as we haue said) the receiuer of these Bills goeth vnto the parties, and demandeth of them, whether they are contented to pay him those Bills at the time specified therein, according to the manner of merchants for commodities (which if it be within one moneth after, it is accounted to be verie good payment:) The Debtor maketh answere, that he will pay his Bill to the bearer thereof accordingly; for if this man will not ride out (as they say) the time of the payment of the Bills, he may go to another man, and buy other commodities therewith, as if it were with readie money, the time onely considered: nay more, if he will haue readie money for these Bills, Selling of Bill, Obligatorie. he may sell them to other merchants that are moneyed men, and abating for the interest for the time, and (commonly one moneth ouer) accor­ding to the rate, as they can agree, and as money is plentifull, they shall haue money at all times to imploy in commodities, or to de­liuer by exchange, or to pay debts withall, or to carrie home in specie, or for any other purpose at their pleasure; which is commodi­ous for young merchants hauing small stockes, as also for all men vpon all occasions: for it is properly as money paied by assignati­on, whereby verie great matters are compassed in the trade of mer­chandize, the commodities are sooner vented in all places, General bene­fits by setting ouer of Bils of Debt. the Custome and Impositions of Princes do increase, the poore and mechanicall people are set on worke, men are better assured in their payments, the counterfeiting of Bills, and differences are preuented; the more commodities there are sold the lesse readie money is transported, and life is infused into trafficke and trade for the generall good. And herein we see and may obserue, That things which be indeed, and things which are not indeed, but taken to be indeed, may produce all one effect; and euerie man is enabled with his owne meanes and credit, to augment com­merce.

This laudable custome (as I said) is not practised in England; yet sometimes a Merchant Stranger will accept of Bills of Debt in payment for commodities sold with aduantage: But then the Bill is made new againe, and in the Merchant Strangers name; and this is not without some daunger to him that buyeth the commoditie or merchandise for another mans Bill, as Factors may doe for their Masters: for I haue obserued by good experience, A Law Case about the set­ting ouer of Bills. that a Factor in London, hauing sold for his Master (a Merchant of Antuerpe) some commodities to an English Merchant to the value of seuen hun­dred pounds, and taken the Merchants Bills payable at six moneths and six moneths for it: his Master of Antuerpe did appoint him to buy Bayes [...]or these Bills of another Merchant, which he did per­forme, [Page 100] and had the value of 700 ll deliuered vnto him in Bayes accordingly, and the Bills were to be altered in the other Mer­chants name for his Bayes. Shortly after it fell out that the English Merchant became insoluent: But before it was publickely knowne, the Factor brought the Bills altered (according to the agreement) in the Baye Merchants name, who did refuse to accept of them, and said the Factor should pay him. The Bills were tendered with a Scriuener according to their agreement, but still were refused. The time of payment being expired, the Bay Merchant did arrest the said Factor: the matter was tried before the Lord chiefe Iustice of the Kings Bench by a Nisi prius in London, by a partie Iurie of En­glish men and Strangers: The verdict was found for the Bay Mer­chant, and the Factor did paie the money, and had no remedie against his Master. The reason was deliuered by the Iudge, That the Common Law in this case requireth a Release or Acquittance for the payment of the Bayes to be made to the Factor, otherwise he was still bound by the Law to answere for the said Bayes.

To establish this Custome in England.This custome might (with great facilitie) neuerthelesse be esta­blished in England, and would be verie beneficiall to the King and the Common-wealth ingenerall: for albeit that the strict Rules of the Law demaundeth a sealing and deliuerie of Deedes, and that the Bill cannon conueniently be made payable to the bearer of it, or be altered in another mans name as abouesaid, neither can it be recouered by a Letter of Attorney, which in England is alwaies reuocable before the fact: Neuerthelesse, if there were a Register kept of the passing and transferring of these Bills from man to man, and by an indorsement thereof also vpon the Bill, it might be done with ease, and the bearer of it should be acknowledged thereby to be the lawfull Attorney in Law; and by these meanes the vndecent Plea of Non est factum would be cut off. And, to preuent fraudulent dealing, if any Bills should be lost, notice might be giuen instantly to the Register (which at Lixborne and Roan is called a Protho­notarie) by meanes whereof many questionable parcells or pay­ments are made apparant, Office of Pro­thonotarie at Lixborne and Roan. and the Bills for the most part doe re­maine in the office at the disposition of the last Assigne or Assignes; which is the cause also, that most vsually Bills are made for all things bought and sold betweene parties and parties, whereby many pay­ments are made by Rescounter, Rescounter by Bi [...]ls for pay­ment. as if it were in banke, hereafter to be declared; for Merchants do meet, and in a manner iumpe together in their said payments. And hereby also may the difficultie (for the taking of an Acquittance as aforesaid) be remoued, by entring an ac­knowledgement of satisfaction before the said Register, at the time of the transferring or registring thereof. I haue taken paines to haue this to be established here: but hetherto things are not rightly vn­derstood, as is to be wished it were, whereby other nations haue still an aduantage.

CHAP. XIII. Of the nature of Bills Obligatorie beyond the Seas, and in England.

SVch is the sinceritie and Candor Animi amongst Merchants of all nations beyond the seas, in the obseruation of plaine dealing concerning the said Bill [...] Obligatorie betweene man and man, that no man dare presume to question his owne hand; for if he be stayned therewith, he is not only vtterly discredited, but also detested of all Merchants: The forme of the Bills being as followeth, onely Mu­tatis mutandis.

CAHP. XIIII. Of Letters of Credit and Blankes signed.

THE Credit of Merchants is so delicate and tender, that it must bee cared for as the apple of a mans eye: Hence it doth proceed that Letters of Cre­dit are had in such reputation, that the giuer of them will be well aduised before hee doe make them; and the partie to whom they are directed, will be carefull to accomplish them, for it doth concerne both their Credits: The giuers Credit of the Letters, will bee had in question of insufficiencie, known to the other that he doth not accom­plish them, or he that doth not performe them may bee thought to be weake and to want meanes to doe the same. Definition of Letters of Credit. To make Letters of Credit, is properly a Participation of Credit to another, which is performed as followeth. A Merchant doth send his friend or his seruant (either within the Land or beyond the Seas) to buy some commodities, or to take vp money for some purpose, and doth deliuer vnto him an open Letter, directed to another Mer­chant, requiring him that if his friend such a one, the Bearer of that Letter (being either his friend or seruant) haue occasion to buy commodities, or to take vp monyes to the value of so many hundreths, or so many thousand pounds in that place or thereabouts; that hee will either procure him the same, or passe his promise, Bill, or Bond for it, and hee will prouide him the money, or pay him by exchange, or giue him such satis­faction as hee shall require: the partie to whom this Letter is directed will accordingly doe his endeuour and performe the re­quest of the other, and keepe the Letter for his assurance or se­curitie, and what hee doth thereupon vndertake, is made appa­rant by such Writings or Euidences as hee taketh of the said Bea­rer of the Letter, that thereupon hee may bee well dealt with­all accordingly. But if it should fall out, that for some knowen cause to this partie, he doth not accomplish his request contained in the said Letters of Credit: Then the Bearer of the same keepeth the said Letters, and returneth them vnto the giuer, without any other proceeding; Protests for the non-per­formance of Letters of Credit. vnlesse it be in case where this partie is a debtor to him that gaue the Letters of Credit, and then he must take witnesses of it, and with a Scriuenor or Notarie make a Protest against him, [Page 105] protesting to recouer of him (by all lawfull and conuenient meanes) all the damages, charges, and interest, which hee or any other shall sustaine thereby, by reason of the nonperformance of the said Let­ters of Credit, and that in time and place as occasion shall serue; which Protest is a sufficient meane amongst Merchants, and before any Iudges of the Ciuile Law, to recouer the same, vpon proofe at all times accordingly. But if the partie to whom these Letters of Credit were directed do make a reasonable answere for his excuse, and requireth the Scriuenor to put downe the same in the Act or In­strument of the said Protest; then is the cause considered withall, and the losses and damages may fall vpon another: for if the giuer of the said Letters of Credit, were a debtor to the other that did receiue them, to bee payed by them, either by commodities to bee bought, or monyes to bee taken vp, as aforesaid; then the said Protest may serue the receiuer of the said Letters of Credit to re­couer his damages of him that gaue him the same: wherein the Magistrates will haue a great consideration, as a matter whereby the Commerce is interrupted, which is the cause also that men must bee aduised on the other side, not to bee too rash to affirme the goodnesse or sufficiencie of another mans Estate, Credit, or Repu­tation, whereby a third man becommeth a loser, losse being the greatest hinderer of Trafficke and Trade. The Ciuilians therefore haue a Title in their Lawes, which is strictly obserued, as you shall vnderstand hereafter.

The Signing of Blankes, is also a Custome amongst Merchants, whereby they strengthen the cred [...]t of their Factors or Seruants in the like occasions, which is a matter of great confidence, Great confi­dence among Merchants. conside­ring the easie transferring of B [...]lles alreadie spoken of. For a Mer­chant setting his name to a Blanke paper, his Factor or Seruant hath an abilitie to wrong his Master many wayes. Therefore such as are prouident, doe restraine that power by certaine Couenants or Decla­rations, and yet the same (being knowne vnto the parties that doe make vse of the said Blankes) might become scrupelous thereupon to be well dealt withall, howsoeuer, we see what honest and plaine dealing is vsed amongst Merchants, and what aduentures they beare to compasse their businesses. A Merchant of Antuerp will send his Seruant at Amsterdam to buy him 500 Last of Corne, vpon aduice he hath that Corne is spoiled, or the Haruest faileth in Spaine, Por­tugall, and other places: and because he is vncertaine what his Ser­uant can effect, doubting that other men might haue the like aduice, and preuent him; hee deliuereth Blanke paper by him subscribed, with order to his said Seruant, that hee shall vpon such an occasion, write his Letter vpon the said paper to such a man, his Factor at Dan­sicke in the East Countries, to buy for him the quantitie of Corne which he cannot buy at Amsterdam, and shall date the Letter, as if himselfe had written the same. The Factor of Dansicke doth present­ly performe the Commission giuen him, and so the businesse is ac­complished. [Page 106] complished. But in this the confidence may bee as great, as in the making of Billes Obligatory, and yet the aduenture farre inferiour thereunto; for vpon these Blankes, there is an Addition to the name, or a Precedence in words, namely, Your louing friend, A. B. &c. which is impertinent, and not to bee vsed in Billes of Debt. Herein we may consider a necessitie to giue Blankes, not only because of the Masters Credit requisite; but also because of the vncertaintie in the finding of the quantitie of Corne which was to be bought.

CHAP. XV. Of Letters of Attorney, or Procurations and Tran­sports, or Conueyances.

A definition of a Letter of Atturney, &c. A Letter of Attorney, is an Act publikely done before a Notarie or Scriuenor, whereby one man giueth power and authoritie of himselfe vnto another man, by way of Deputation to doe, execute, and performe for him any lawfull thing, which he himselfe (being the Constitu­ant) might or may (aswell present, as absent) doe, conclude, and determine in all causes Ciuile and Politike; with power also to Substitute one or more persons to doe the same vnder him, in the said first Constituants name; and to sweare in the soule of him, if cause so require: albeit the said Letters of Attorney doe differ in the manner and forme, as well as in the Substance, which must be obserued. They are called beyond the Seas Procurations, to procure or effect that which a man would haue commonly in an other place, and in matter of Authoritie for Law Causes, they goe one deg [...]ee further than Letters of Credit, because the Law doth re­quire the same, to the end that the Authoritie or Power of the partie Constituted, may publikely appeare: wherein a Letter Missiue is not sufficient, as the same is in things concerning the ordinarie course of Negotiations and dealings betweene Merchants, which by the Law-merchant are of great validitie.

Procurations generally, or for the most part, containe the word Irreuocable; P [...]ocurations irreuocable. implying that Power giuen should endure for euer, and so it is taken beyond the Seas. But by the Common Law the words are vsed, Pro forma, and a Procuration or Letter of Atturney, is re­uocable at all times, vnlesse it bee that the said Letter of Atturney [Page 107] do containe a Transport of some thing which is conueyed thereby: As if a man do constitute another for the recouvering of certaine mo­neyes for the parties owne proper vse, without account to be rendred for the same, and the said partie hath recouered the said moneys by vertue of it. This Letter of Attorney cannot be reuoked to any pur­pose, the effect being fully performed which was the cause thereof. So beyond the seas, if you make a Letter of Attorney to a Procura­tor in Law, to follow a cause for you in Law, although the same be made irreuocable, yet vpon good cause you may reuoke the same, and appoint another to follow the cause: but it is commonly done with leaue of the Court where the cause is consisting or depending, and because the intimations and citations are to be done at such times as the cause may require, the nomination of some place, as it were to chuse a Domicilium must be done, Procurations with a limited power. but the power may be li­mited. An Attorney may haue authoritie to conuict a man by law for the recouerie of money or goods, and to proceed to execution by im­prisoning of the Debtor; yet he shall haue no power to release him out of prison, without further authoritie; so in the receiuing of goods or money, wherein euerie man is to vse his discretion, as the cause may require.

A Merchant may also make a Letter of Attorney to a Notarie beyond the seas, and thereby to giue him power to make any insinua­tion, or intimation, or protest, against any other Merchant there, to serue him in all occasions or occurrences concerning the matter in question. For a Procuration is beyond the seas of that validitie, that the partie who hath the same, and is the Procurator, is taken in law as absolute as the Constituant, and many sundrie proceedings may be vsed against him accordingly, by Citations, Intimations, Protests, Recoueries of goods deliuered formerly, and recalled backe againe, or the value thereof vpon any Attachments or Sequestrations, which cannot be done against a mans Factor or Seruant: A caueat for Procurators. therefore they that haue Procurations are to be carefull of the dispossessing of them­selues of any goods, or moneys receiued, to be cleered by the Law, which happeneth commonly of goods taken vpon the seas, or seque­stred in any Harbour, by vertue of a Letter of Attorney or Procu­ration.

The Ciuilians intreating of Procurations or Constitutions vnder Titulas Mandati, haue well obserued, The originall of Mandata. that commandements haue their originall from friendship, or out of authoritie of office and place, and that the same are diligently to be executed and kept: and hereupon they haue also noted diuers questions and propositions, Nos igitur pau­ca tractabimus adrem, de qua agitur, pertinentia.

A.B. willed C.D. his debtor to pay vnto E. [...]. one hundred pounds which he did owe him, C.D. did not pay the said money, but promi­sed to pay the same. Queritur whether C.D. hath performed the com­mission or commandement giuen him, and whether he be discharged of the debt; as also whether this order or commission can be reuoked. [Page 108] A.B. owing the like summe to E.F. Herein C.D. hath not performed his commission, which was to pay, and not to promise the payment of the hundreth pounds, and therefore the said Commission might be reuoked, and C.D. was not discharged of the debt, for the matter was entire, and all entire Commissions are reuocable. Mandatum enim re integra, reuocari potest, & res est integra, & si stipulatio promissioue inter­uenerit cum id non mandauerim. For if C.D. should breake or become insoluent, E.F. would come to A.B. his debtor, to haue satisfaction for the said money, and C.D. was not discharged of the debt owing vnto A.B. But if E.F. had taken his promise for paiment, then vpon proofe made of it, the case is cleere.

It is a question also, whether a Procurator hauing commission to receiue moneys which were owing or lent, and to giue an Acquit­tance for the same; and receiuing the money without making an Ac­quittance, haue performed his commission: And the answere is, That he hath not performed the same, because he made no Acquittance, as he was willed to do, Aliud est enim confessio, aliud numeratio. Albeit the Acquittance did not concerne the Procurator, but the partie who re­paied the money.

Another case they handle at large, Bartholomew did make and con­stitute Nicholas to be his Procurator or Agent, in the buying of com­modities, to the value of fiue thousand crownes; and he the Consti­tuant to be answerable for the price and totall summe of fiue thousand crownes: and withall giuing full power and authoritie vnto the said Nicholas, that his procuration shall be good and auaileable, during the liues of the honest persons Gerome, Iohn, and Angell, of whom the said Constituant had his Commission, and that they also together and apart insolidum should be bound for the performance, and himselfe also. Nicholas the Procurator by the commission of Ierome, Iohn, and Angell, as also of Bartholomew, caused by an Instrument (or Act past be­fore a Notarie) the said parties to be named in the contract, and there­by bindeth them vnto Titus and Meuius, for the commodities bought of them to the value or summe of fiue thousand crownes. But Bartho­lomew is not named in the article wherby the other parties are bound in the couenant; whereupon some would conclude, that for want of forme Bartholomew was not bound to the payment, although by com­mission of the other three he had constituted and made Nicholas to be the Procurator. In Procurati­ons the will of the Constitu­ant is to be regarded. The rule in Law being, Quod vna determinatio re­spiciens plura determinabilia, aqualiter terminare debet. And herein is the intention and will of all the contractors more to be regarded than the conceit of words, which causeth Merchants to be accounted ca­uillors, and to lose much of their credit and reputation.

It is also a custome amongst Merchants, that if the Master (know­ing that his Procurator hath exceeded his Commission) be silent, the same is taken for a consent; the rather because Procurations (com­monly running in generall words, whereby Factors are directed) do comprehend all things which (of course) are to be done touching [Page 109] moneys or paiment of exchanges for moneys.

The question therefore to know whether a Procurator (hauing commission to sell commodities, or to let them to hire at a price) hath authoritie to receiue the money or hire, may be thought friuolus: for the buyer in matter of sale of commodities in market ouert, hath no regard to the Procurations or Commissions giuen to the seller of the said commodities.

The like may be vnderstood in this question following, Whether a Merchant (selling Cloth vnto an Abbot to cloath his Friers or Monkes) shall not be satisfied and payed for his cloth, although the Abbot did diuert and imploy the same afterwards to another vse? For the vse is no matter to be regarded by the Merchant, but the pay­ment of his Cloth. If a man buying Paper for the printing of a booke, doth not print the booke, and selleth the Paper vnto another Mer­chant that is no cause but he must pay for the Paper, whereof no man ought to make doubt.

If a Merchant maketh a Procurator, Doubts in pro­curations by whom to be proued &c. or by letters giueth credit to negotiate some businesse with another Merchant; if this Merchant do take exception to the procuration and letters, and maketh doubt whether the partie that brought the same be the right man: the Pro­curator is not bound to make any further proofe; but the partie ex­cepting against him is to make good his assertion, and to proue the same by the Law and Custome of Merchants.

Another question is moued, whether a Merchant that hath com­mission to receiue a summe of money, and to pay the same vnto ano­ther, and besides to pay the interest due vnto the partie to whom he paied that money, is bound to proue what interest he payed, and to whom he paied that interest or vse money: it seemeth Prima fronte, that the Merchant is bound to name the partie to whom he paied the said vse money; and yet there is doubt made whether he should pay it without he were compelled thereunto as a thing vnlawfull; and therefore the Commission or Order the Merchant had, is not to be contradicted, but must be allowed without any other proofe, for this question is so resolued by the Ciuilians, and where the proofe is not needfull, there the nomination of the persons to whom it was paied is to no purpose, according to the rule Qui non tenetur probare, non tene­tur nominare.

It is also worthie the obseruation, Commissions subiect to Ar­bitrators. that generally all Ciuilians do concur in opinion, That when Merchants by their Letters or Com­missions vse these or the like words, Let all things bee done as shall bee thought most expedient or conuenient, that the said Commissions or Directions are to be left to the interpretation of Arbitrators when any question ariseth; which is also in many more questions concer­ning Merchants noted in most of their Law bookes: hereof we in­tend (God willing) to intreat more amply in the next chapter con­cerning Factors and Seruants, and the Commissions giuen them, &c.

The ordinarie rule of Procurations in things compleat and not [Page 110] effected, is vnderstood to end with the death of the Master or Mer­chant that giueth such procurations, albeit there are many excepti­ons: for a Procuration may be made to endure after his death, Procurations to continue after death &c. which kind of Procurations the Florentines and other nations confirme by their last wills & testaments, which neuertheles are to be vnderstood that the state of an heire be not impaired thereby, wherein the Law interposeth her authoritie. And for a generall rule in all perempto­rie and absolute Procurations or Commissions, it must be knowne that the like authoritie is vsed to preuent many inconueniencies, ha­uing a vigilant care that equitie be maintained.

And that all Merchants or Procurators for Merchants, are to ac­complish the lawfull Commissions giuen them, and meanes thereun­to being prouided, or else to answere the damages which the parties shall receiue by the default thereof. Those therfore that without any Commission do vndertake things which bring losses vnto the parties are much to be blamed, and by a fuller measure to answere fo [...] the same, or to make by gaine a recompence for the losses, as occasion serueth.

De Constituto.Some that haue written de Constituto haue moued questions, Whe­ther it be lawfull to take penalties or forfeitures, if the Constituant do bind himselfe to performe or else to loose a certaine summe of money? Others, whether a Commission shall be executed by an or­dinarie messenger? Others, whether it bee conuenient to vse the words, You shall giue him full credit and trust in what he hath vnder­taken to doe? How long the Commissions shall endure, if there be no time limited? and the like questions: which vpon due consideration are easily resolued, and (in my opinion) im­pertinent to trouble Merchants with them. Such only as are materiall shall be handled in the following Chapter. (*⁎*)

CHAP. XVI. Of Factors and Seruants, and Commissions giuen vnto them.

THE difference betweene a Factor and a Seruant con­sisteth chiefly in this, That a Factor is created by Merchants Letters, and taketh Salarie or prouision of Factoridge: But a Seruant or an Apprentise, is by his Master entertained, some receiuing wages yearely, and some others without wages. a Factor is bound to answere the losse which happeneth by ouerpassing or ex­ceeding his Commission; whereas a Seruant is not, but may incurre his Masters displeasure. For albeit that the Spanish Prouerbe is Quien Passa comission, pierde Prouision, that hee that exceedeth his Commis­sion shall lose his Factoridge. Alteration of the case with Factors. The case is altered long since by the Custome of Merchants, and now it is Sub [...]lca lo paga, his purse doth pay for it. Factors therefore must bee very carefull, to follow the Commissions giuen them very orderly and punctually; and because Merchants are not able to prescribe euerie thing, so exactly vnto their Factors as is conuenient, it behooueth them to make good choice of the persons which they doe imploy, for their welfare de­pendeth vpon Trafficke; otherwise, the Factor groweth rich and the Merchant poore, because his gaine of Factoridge is certaine, howso­euer the successe of Merchants imployment doth prooue. But hauing a good Factor, which word (Good) implyeth all and more than an honest Factor, who may bee honest and neuerthelesse simple in his proceedings, and others also may be wise and not honest. This Good Factor therefore may bee trusted, Ample Com­missions with an addition. and all Commissions giuen vnto him may be ample, with addition of these words, Dispose, doe, & deale therein as if it were your owne; & this being so found; the Factor is to be excused, although it should turne to losse, because it is intended hee did it for the best according to his discretion, which is and ought to be the truest director, making a conscience to see their Masters losse, if they can preuent it: but being limited to the contrarie, they can but grieue, when their counsell and aduice doth not take place, either in the selling of commodities in time, foreseeing a greater losse, or buying some commodities deere ouer hastily, as also in keeping a commoditie without purloyning the same; A Passionate Commission. sometimes vpon a passio­nate humour, as a Merchant of Amsterdam did of late yeares to [Page 108] his Factor in London, for being a loser by some Spanish Wines, by writing in these words, My will is that vpon the receit of this my Letter, you goe to the next Ironmonger and buy a Hammer, and run into the Sellor, and strike out the heads of all the Butts of Wine, and let it run into the Sellors: For seeing the deuill hath eaten the horse, let him haue the bridle too. The Factor did herein vse his discretion and kept the Wines, which he afterwards sold to benefit; for he re­membred that losers haue leaue to speake.

Difference by Law betweene a Factor and a Seruant.Factors doe deale most commonly for diuers men, and euery man beareth the hazard of their actions; but if a Seruant doe deale for others by his Masters direction, and they breake, the Seruant can be no loser, for hee is taken to haue no other credit but his Masters, which is the cause that Intimations, Citations, Attachments, and other lawfull courses are executed against Seruants, and take no place against Factors vnlesse they haue Procurations. Now let vs set downe such obseruations as Factors ought to know.

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 [Page 120] 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 doth concurre and agree with the Lawes of Oleron, whereof we shall intreat more hereafter.

Fredericke the second, King of Denmarke, at a Parliament holden at Coppenhauen in the yeare 1561, hath abridged, as also set downe certaine Acts or Statutes for the ruling of Sea matters, but for the most para agreeing also with the said Lawes of Oleron; which you shall find in this Treatise set downe vpon euery occasion offered vnto me, to make application of them in the Chapters following.

CHAP. XVIII. Of the manner of Proceedings in Sea-faring Causes.

ALl controuersies and differences of Sea-faring Actions, or Maritime Causes, ought to be deci­ded according to the Sea Lawes, which tooke their beginning from Customes and obseruati­ons; and from them is the interpretation of the said Law to be taken: and if any Case shall fall out that was not knowne before, neither writ­ten downe and authorised as a Law, then the same is to bee determi­ned by the Iudge, with the opinion of men of experience and know­ledge in the said Sea-faring causes. And herein is all conuenient ex­pedition required, that the matter may be summarily and briefly de­termined, especially in case of shipwracke; wherein delayes or pro­tractions in Law, is a crueltie to vex such afflicted persons.

Therefore to preuent appellations, present execution and restitu­tion of goods is vsed in causes of spoyle, vpon caution first found by the spoyled, to satisfie the condemnation to the Iudge, if there bee iust cause found of appellation; Witnesses in causes Mari­time. and to this end also it is permit­ted that witnesses of the same Ship may be examined, although the aduerse partie bee not called thereunto, Merchants and Marriners sayling together in one Ship, may beare witnesse each to other, and Marriners against the Master when they are free and out of his command.

The plaintife is to find suerties to pay costs and damages, if he doe faile in his proofe; and the defendant is to be put in caution to satis­fie the sentence, Iudicio cisti & iudicatum solui.

If the defendant doe stand out, or commit a comtempt by not ap­pearing for to defend himselfe or his Ship, or things challenged, the Iudge of the Admiraltie may (after foure defaults entred) deliuer the possession of the said Ship or any other thing, or part thereof, to the plaintife, putting in sureties for one yeare and a day: and if the partie appeare not within that time, then the propertie is finally ad­iudged to the plaintife. And if he doe appeare within the time, offe­ring to pay the expences, and putting in caution to obey and per­forme the definitiue sentence, he shall be admitted. But this caution [Page 122] or suerties are lyable absolutely for all from the beginning, and can­not be discharged, as a Baile may be at the common Law, Difference be­tweene cauti­on in the Ad­miraltie, and baile at the Common Law of England. bringing in the partie at conuenient time. Summons and Citations are not needfull, where the ship or goods in question are forthcomming; but may be done in the same place where it lyeth, or the goods are found.

If any man be arrested or troubled for the like matters, he is pre­sently to be discharged vpon suerties, and especially Marriners, be­cause they shall not be hindered of their voyage; which he may doe with so much goods or the value thereof, as he hath within ship­boord, at the Iudges discretion: for it is intended that otherwise trafficke and commerce is interrupted.

CAHP. XIX. Of Buying and Selling of Commodities by Contracts.

THE buying and selling of commodities by con­tracts, may bee distinguished three manner of wayes, namely, Regall, Notariall, and Verball.

The Regall contracts, are made betweene Kings and Princes and Merchants, which caused the Kings of Portugall to be called, Royall Mer­chants. For whereas the Venetians had the trade for Spices and other commodities of the East Indies; Regall con­tracts, called by the Ciuili­ans Solemne. the Por­tugalls vpon the discouerie of those parts by Nauigation, did be­reaue the Venetians of that trade, as (by the reuolutions of time) other Nations haue almost compassed that trade of Spices, and taken the same from the Portugalls. The Kings of Portugall had alwayes the one moitie of the Pepper by way of contract, and for that they would contract againe with the Germaines, or other principall Mer­chants of other Nations and of their owne, to deliuer the same vp­on a price agreed, vpon the arriuall of the Carrackes at Lix­borne, according vnto which it was sold againe with reputation to other Merchants, and dispersed into diuers countries; and so was it also done for Cloues and Mace, and sometimes for Indi­co, and the payments were made by assignation in the Bankes of Madrill, Lyons and Bizanson, and sometimes at Florence and other places; hereupon was the Contraction-house at Lixborne erected and named accordingly, where the said Spices and com­modities are brought and sold againe.

[Page 123]Such are the contracts which the King of Spaine doth make with Merchants for the prouision of Corne for his townes in Africa vp­on the coasts of Barbarie, as Ceuta, Mosegam, Tangere, and other places, the paiment whereof hath beene made againe by Pepper vp­on some especiall contract, and the Merchants haue thereupon also made other contracts with Merchants of the Low-countries to de­liuer them that Pepper at Amsterdam, and to take Corne in paiment: But the case is since altered by the incorporating of the East-India trade.

Such were the contracts made by the French king Henrie the third, with the great Merchants of Italie, called Le graund partie, for Salt, which they by authoritie did ingrosse for the king, and brought also from other countries by sole permission, causing euerie house­hold in all France to take a proportion yearely, or to pay for it whether they had occasion to vse it or not, which was an Italian in­uention; and for this they paied by contract vnto the king six hundred thousand pounds sterling (being two millions of French Crownes) yearely.

Such were the contracts which Queene Elizabeth of blessed me­morie, made with Merchants of London, for the prouision of vi­ctuals and apparrell for the souldiours in Ireland during the late warres with the Earle Tirone, which did amount to verie great summes of money, insomuch that the seuerall contracts for ap­parrell came to ninetie sixe thousand suits of apparrell, as I haue seene by the Records and Accounts extant in his maiesties Court of Exchequer. All these and such like contracts are made by com­missions granted for that purpose to some great officers of the king­dome, who haue thereby authoritie to contract for the same with Merchants or others.

Notariall contracts haue partly dependance vpon the same, Notariall con­tracts called Publicke. for when those Merchants (which haue contracted with Kings or Prin­ces) are to prouide sodenly those things which they haue contra­cted for, or to dispose of the commodities which they haue bought or ingrossed into their hands: Then they deale with other Mer­chants either to prouide them of the said commodities, or to sell them such as they haue bought: and these contracts are made by publicke Acts and Instruments before Notaries, to the end that all things agreed vpon on either side may be duely accomplished: and in these great contracts beyond the seas, the paiments are (the most part for great summes) made in Bankes also, because of the commodiousnesse of it, as you shall note hereafter. Besides this, many Merchants doe make contracts, and passe them like­wise before Notaries, or Scriueners, because that things contra­cted for may require time to effect them. As for example, a Mer­chant aduenturer selleth vnto a Merchant of Middleborough two or three hundreth Clothes of knowne markes (whereby the good­nesse is also knowne) at a certaine price, the packe of ten Clothes, [Page 124] to be deliuered at Middleborough from time to time during the space of six moneths, and the Middleborough Merchant doth agree that (for the payment of these Clothes) he will send to the Mer­chant aduenturer Linnen cloth, and diuers other commodities to be sold in London to pay himselfe as aforesaid, which commodities are also sent from time to time within the compasse of the said time of six moneths, and the reckoning between them shall run according­ly: hereupon a contract is made in writing before a Notarie publick, and therein diuers conditions are to be specified and obserued. Conditions of a Merchants Contract. First it is agreed, that concerning the price of the Clothes sold, amounting to such a summe sterling money called lawfull money of England, there shall be giuen for euerie twentie shillings or pound sterling so many shillings and pence as they shall agree, according to the price of exchange amongst Merchants, and these are shillings and pence Flemish money, whereof there is 35 or 36 shillings, or 35 shillings and six pence, or 36 shillings and eight pence giuen or allowed in ac­count betweene them for twentie shillings sterling, and so after the rate for so many hundreth pounds or thousand pounds as the Clothes may amount vnto. Secondly it is agreed, that the Merchant aduentu­rer shall beare the aduenture of his Clothes, and deliuer them vp­on his aduenture, charge, and daunger of the seas, with all casual­ties, vnto the Middleborough Merchant within the towne or ware­house of the Merchant there; and likewise that the Middleborough Merchant shall beare the aduenture of his Linnen Cloth, and other commodities, answere the Kings Customes, and all charges inci­dent vpon the said commodities, vntill they bee freely taken vp into the Merchant aduenturers ware-house here. Thirdly, it is agreed betweene them (these forreine commodities being sold paiable at times of paiment) that if any bad debts should be made thereby, either the Middleborough Merchant is to beare the losse thereof, or else the Merchant aduenturer doth take the hazard and aduen­ture of it vpon him, for the consideration or allowance of double factoridge, or two vpon the hundreth. Fourthly, it is agreed be­tweene them, that if the paiment of the commodities of the Middle­borough Merchant be not made within the time of sixe moneths, according as the Clothes were sold; then the Merchant aduentu­rer is to haue allowance for the money by him not receiued within the time after the rate of tenne vpon the hundreth for the yeare. Lastly, (because the Merchant aduenturer taketh paines in the selling of the Merchandise and Commodities of the Middleborough Merchant to pay himselfe) it is also agreed vpon, that the Merchant aduenturer shall haue allowance of factoridge for it, after the rate of two pro Cent. which hee should haue giuen vnto another Factor to sell the same for him. This is the substance of a Merchants Contract, wherein it seemeth all things haue beene well considered and agreed vpon; yet the principall matter for good and sure dealing is omitted, Defectiue con­tracts. which is not onely to [Page 125] couenant that the Middleborough Merchant shall send him good and merchantable wares or commodities to make money of, or to sell to good Customers that will make him good payment, but especially, that the Merchant aduenturer shall not be compelled to send him more clothes than the value of the commodities receiued shall amount vnto from time to time. And further, if he do not send him within the time the quantitie of commodities requisite to pay him­selfe for so many Clothes; The said Middleborough Merchant shall pay him the damages sustained by the imploiment of his money in Clothes, or a certaine summe of money agreed vpon betweene them for the non-performance thereof.

In like manner a London Merchant doth contract with a Merchant stranger here, and buyeth of him a certaine commoditie, whereof the goodnesse is commonly knowne by the marke, or otherwise by the Fabrica or making, as Veluets, Sattin, Silkes, Fustians, and other commodities to be here deliuered vnto him by such a day, or within so many moneths, at a price agreed vpon betweene them, with the manner of paiment, and other conditions agreed also; hereupon like­wise passeth a Notariall Contract which is performed accordingly. But put the case, That the price of the said Veluets and Silkes by some accident or occasion doth fall, and the London Merchant doth repent himselfe of his bargaine and contract, and now some of the said forraine commodities are come from beyond the seas, and arriued within the riuer of Thames, whereupon the Merchant stranger giueth notice vnto him of it, and the London Merchant seemeth vnwilling to receiue the said commodities, and is con­strained either by a Scriuener or with witnesses to offer vnto him the said commodities according to their contract: Tendering of commodities sold by Con­tracts. here note that this offer or tender so made is of no validitie or effect in Law; for vntill the Kings Custome is paied for the said goods, and that you haue receiued them into your power or custodie, you can make no lawfull offer of them. Moreouer, if you haue paied the Kings Custome for them, and haue them in your custodie and power, and do make tender of them before the time; yet the Law is not satisfied herein, but you must tender them also vpon the last day of deliuerie, because the damages to be giuen vnto you by Law must take a certaine ground vpon the limitation of time, and not vpon casualties; for it might fall out, that the price of the said com­modities should rise within that time, and you might sell them for a greater gaine, and by that time of the last day of your deli­uerie they might be fallen againe in price, and you might haue proui­ded another parcell for the same, so that both by the Common law and the Law Merchant you are to make your tender vpon the verie day by a Scriuener, or with competent witnesses, wherof I haue seene sufficient triall in Law. And according to these two examples, you may judge and consider of all other the like contracts wee call Notariall.

[Page 126] Verball con­tracts called Priuate.Verball contracts are made betweene partie and partie, or by meanes of Brokers or Mediators, and that onely by word with­out writing. Such are the daily buying and selling of commodi­ties either for readie money, or payable at some daies of payment, wherein the mediation of a Broker is most necessarie: For as it would be troublesome to vse Scriueners in euerie bargaine; so is it commodious to vse the meanes of Brokers, the commodities are not onely bought and sold with more credit and reputation, but all controuersies which doe arise by misaduenture or otherwise are sooner determined, and a sworne Broker is taken as a double witnesse, if he doe produce his booke, with a Memorandum of the bargaine, as the same was agreed betweene both parties, where­by many variences are reconciled, and differences (like to fall out) are preuented.

The most be­neficiall con­tract.I had almost forgotten the most memorable contracts that euer were, whereby the Philosophers Elixar or stone is found, turning Leade, Paper, and Inke into Gold and Siluer, which is the con­tract of Popes for their Crusadoes or Bulls, whereof there are certaine contractors, who for a certaine summe of money yearely to be paied, doe receiue authoritie to disperse the said Pardons or Bulls into the West-Indies, Perou, Noua Espagnia, and all those quar­ters of the world, and euerie resonable soule must haue one of them yearely, and that this is the most beneficiall contract I proue thus.

In the yeare 1591 Pope Sixtus Quintus caused two ships to be la­den out of Spaine for the West-Indies as aforesaid, with some 100 Buts of Sackes, 1400 little Chests containing each of them three ordinarie small Barrells of Quicke-siluer weighing 50 ll the peece, to refine the Siluer withall in the said Indies: and moreouer with a great number of Packes of the Printed Bulls and Pardons graun­ted at that time, to make prouision against the Heretickes; For­asmuch that the great Armada of the yeare 1588, had so much exhausted the treasure of Spaine. These two ships were met with­all at sea by Captaine White (who was laden and bound for Bar­barie) and brought into England by him, where the commodi­ties were sold: but the Popes merchandise (being out of re­quest) remained a long time in Ware-houses at the disposing of Q [...]eene Elizabeth; vntill at last at the earnest request of her Physitian called Docter Lopes, she gaue all the said great quantitie of Bulls vn­to him, amounting to many thousands in number. This courtly Merchant (falling in communication with an Italian knight, who had been a Merchant) did conclude with the said knight to make a partable voyage betweene them, and to send those Bulls into the West-Indies, and accordingly a ship was fraighted and laden with the said Bulls and some other commodities, and did perform the said voyage to the Indies: but no sooner arriued, the Popes Contractor for that commoditie did seise vpon all the said Bulls, and caused an in­formation to be giuen against them, that they were infected, hauing [Page 127] beene taken by Heretickes; it was alleaged that they were miracu­lously saued, but lost they were and confiscated, and so couetous­nesse was well rewarded. But returning to prooue this beneficiall Contract, The Pope his Merchandize. I was at the time of the taking of the said Bulls willed by authoritie, to make and estimate what the lading of these two ships might cost, and what they might haue beene worth in the West In­dies, according to the rate of euery Bull, taxed at two Royalls of plate, and some foure and some eight Royalls according to their limitation, euery one being but one sheet of paper; and by compu­tation the lading did not cost fiftie thousand pounds, and would haue yeelded aboue six hundreth thousand pounds: for these contracts are feruent and full of deuotion, containing also a commandement that their beds should bee sold, rather than any one should bee without a Bull, for the safetie of the soule was to bee preferred before the health and ease of the bodie.

Now before we intreat of extrauagant Contracts in the buying and selling of commodities in some places, it will not be impertinent to note the obseruations and opinions of Ciuilians concerning Mer­chants Contracts, which they haue distinguished to be Solemne, Pub­like or Priuate, as in the Marginall notes is before declared, to the end all controuersies may bee auoided in the said Merchants Con­tracts.

The Ciuilians writing, De Contractibus Mercatorum, Merchants Contracts are to be plaine. or of Merchants Contracts make many distinctions: but the conditions agreed vpon betweene them, are chiefly considerable, and to bee well declared to auoid ambiguitie and constructions, and reciprocall things to bee per­formed on both sides, which bindeth them better; so that if a Con­tract be broken, whereby the one partie is damnified for the want of his money or goods not deliuered, whereby he can make no bene­fit, and is hindered in his trade by Lucrum Cessans or not getting, the other partie may iustly demand recompence for the same, especially if hee bee a merchant, otherwise some Ciuilians make the same que­stionable, as Fisher-men, Fowlers, and Hunters, which say they can­not demand any losse for want of their owne, because (by their pro­fessions) they are vncertaine, whether they shall catch or take any thing by their Art. Neuerthelesse the Merchants Court hath an especiall care to performe well with Fisher-men, Fisher-men are to be re­spected vpon Contracts. and that with all expedition of iustice they may bee dispatched to follow their trade, without any intermission of time.

This damage sustained by Merchants or others, The first da­mage vpon Contr [...]cts to be regarded. for the non per­formance of Contracts, cannot bee demanded by a continuance of time, running Ad infinitum, during the matter in question: but must bee demanded according to the first damage receiued, as the partie can duely proue the same, either by witnesses or vpon his oath, as the cause may require.

Therefore when Merchants are contending in any Courts of Equitie or Law, where they are delayed for many yeares in con­tinuall [Page 128] suit at their great charges: Then it tendeth to the interrup­of trade and commerce in generall, and the ouerthrow of the parties in particular, whereof the Law of Merchants hath a singular care to prouide for, and therefore doth many times (though not without danger) admit the proofe to bee made vpon the parties oath, if wit­nesses be absent.

Penalti [...] vp­on contracts.The penalties or forfeitures vpon any Contract limited and expres­sed, be it Nomine Poene or otherwise, are therefore much to bee consi­dered of in equitie to make them stand, and to bee effectuall for the mainetenance of Faith and Credit betweene Merchants, and they are consequently much approoued by all Ciuilians, and by their Law allowed.

In all Contracts, made for a copartnership in prouiding of a ioynt Stocke, is to bee obserued, that the one or some of them doe not de­fraud the other. Also it is approued, that they may sell their aduen­ture to others, and the buyer is to take the account according to the Contract, Obseruations in partable contracts. for the account giuen to other partners in Societies, doth alwaies bind the buyer proportionably in these aduentures, and the parties dying, the widow or his heires are to accept thereof accor­dingly both by the Ciuile Law and the Custome of Merchants. As is well obserued by the Societie of the Merchants trading for the East Indïes, both in England and beyond the Seas; for it is not ac­counted any danger to trust a Societie, and to deliuer money for tra­ding and where no damages or aduentures be borne, is vsurious, as shall be declared hereafter.

Verball con­tracts for mo­ny &c.To enter into consideration of some Verball Contracts, some Customes are be obserued, which the Ciuilians make questionable. A Merchant doth deliuer some money vnto another Merchant, to be imployed by him in commodities, or to bee put forth to vse for both their benefit and profit, without any limitation of time agreed vpon betweene them; the question is, when this Merchant that did deli­uer this money may call for it againe; wherein most Ciuilians are of opinion, that the same cannot bee demanded before the yeare expi­red, which seemeth the more reasonable, if the Law will not allow vnto the other partie, a losse sustained thereby by fire, water, or any other casualtie, vnlesse hee doe declare and manifest the same within the yeare. Neuerthelesse if this money were deliuered to one that maketh a continuall gaine by money, as some Gold-smiths doe, by taking the same for two, three, or more dayes, and allowing benefit for it: then it may seeme reasonable, that the money may be deman­ded at all times vpon warning giuen for the time, without which, no man may be supposed to be so carelesse in the deliuerie of his or other mens money by a Verball contract, as the said Ciuilians haue surmised.

Againe, suppose this money were deliuered to a father and his sonne ioyntly, whether the same shal be redemanded of the father and of the sonne by equall portion halfe and halfe, or of them both▪ [Page 129] Hereupon they are of opinion, if the father did receiue the money, and that the sonne be vnder the gouernement of the father, then the father is to answere for all: But if the sonne doe (as it were) gouerne the father, because hee is old; then the sonne is to answere for the money. Now the Law-merchant obligeth them both to answere for the said money, vnlesse the sonne were vnder yeares. But this question may be thought extrauagant, for contracts are commonly Notariall in this case, and betweene parteners, Notariall con­tracts surest. and where one parte­ner bindeth another, it is onely to bee vnderstood to continue the time of their partenership; whereas to become bound each to other for so much as shall be found due, is dangerous and full of cauillati­on. So that (as before is remembred) euery thing is to bee plainely expressed, but especially to be carefully obserued between parteners. For the Stocke also betweene parteners by contract to continue in trade, is to be without diminution or any other imployment to bee made, during the said copartenership, which is limited therefore for a time and not by voyages or employments; the charges on both sides to be limited: but hereof more vpon the title of Parteners or Companies.

To make these Notariall contracts more authenticke and sure, when due regard is had of reciprocall actions, to auoid Nudum Pactum, the Bonds made by each partie to other in a summe of mo­ney for the performance thereof, are to be preferred before the limi­tation of a penaltie contained in the contract, albeit that these Bonds being put in suit, causeth the other partie to flie into the Chancerie; but the Merchants Courts proceed herein with more expedition.

There are also certaine Merchants contracts, which (in regard of the conditions) are called Extrauagants, Extrauagan contracts. because the manner either of buying or selling of commodities, and the payment made for the same, is rare and but vsed in some places, which neuerthelesse are made in writing by Notariall contract, or by the Brokers Booke re­corded, whereof I thinke fit to make a Chapter apart, touching the commodities sold by Brokers, as hereafter may appeare.

A Merchant in Spaine dealing for the West Indies, Noua Espagnia, Terra firma, or Peru and other places in America, will buy a round quantitie of Germanie commodities or manufactures made there, and in the Low Countries, either Yronmongers wares, as Hatchets, Axes, Kniues, Bells, Beads, Needles, Basons, Candlestickes, Counters, Lockes, Nayles, and diuers sorts of commodities; and he is made acquainted by the Inuoice or Cargasson of those goods what they did cost in the places from whence they came, where the Merchant owner of the said wares, hath augmented his price in the said In­voice, and so the Spanish Merchant doth make him an offer of so ma­ny Maluidies for euerie pounds Flemish, or Hamborough money, Conditions to be obserued in them. or for euerie Dollor or other coyne whereby the same was bought, ac­cording as the partie by his obseruation is able to iudge of the value thereof, by his often buying of the like: but the payment is agreed [Page 130] vpon to bee made sometime after the returne of the West-Indies Fleet, that is to say, When most Ships going outwards shall returne againe into Spaine, but whether the buyer of those goods doe re­ceiue any returne of the prouenue of the said goods or not, is a mat­ter not materiall to the seller of the goods, for he beareth no aduen­ture of bad Factors, euill pay-masters, or other accidents; but must be payed at the time agreed vpon, according to the ordinarie Cu­stome thereof, vnlesse it were agreed that he should beare the aduen­ture of the Seas for a summe in certaintie in nature of assurance, or vpon some vnexpected alteration, which might happen in the said assurance, which is another contract, as hereafter more amply will appeare in his proper place.

Another Merchant selling by contract, some commodities to be deliuered at the returne of the said West Indies Fleet, Posito a cer­taine quantitie of Cutcheneale, as the price shall be broken in Spaine vpon the arriuall of the maine Partida; this Merchant commonly ta­keth a summe of mony before hand, whereof he alloweth interest for the time, or else he abateth a certaine allowance in the price of the Cutcheneale lesse than the price, which by authoritie and con­sent amongst Merchants is made, that is to say, If the best sort called Misteca be set at 40 Ducatts the Ro [...]ue of 25 ll weight, he shall abate him after 20 or 25 ꝑ 100. Now if the price of Cutche­neale be high or low, the interest of his money formerly disbur­sed (by the said abatement) must needes bee accordingly: So that the best aduantage is to take the interest after a rate certaine, and the price of the Cutcheneale, as it shall and may f [...]ll out, the like may bee obserued for all other commodities. The Bankers haue found the same by experience, by dealing with the Kings of Spaine and Por­tugall, when they make Partidos with them to furnish them mo­nyes in their occasions, by making them to pay exchanges and re­changes for it after a great rate. And neuerthelesse, they will bee sure to haue Pepper or any other commoditie, at a certain rate agreed vpon betweene them, Mony payable at the returne of the Fleet. or else in readie money payable also at the re­turne of the said West-Indies Fleet, albeit they doe not beare the ad­uenture of the Siluer Bullion or Royalls of eight, rather admitting a clause, that if the treasure doe miscarrie they shall haue their mo­nyes repayed within a certaine time and interest of 7 ꝑ 100, vn­lesse it be they agree for the Pepper belonging to the King, for ma­ny yeares to be taken at a reasonable price, they bearing the ad­uenture of the Seas. As the Lords Foulkers of Germany did con­tract in the yere 1592, with Philip the second King of Spaine, where­by they became losers, by the taking of the great Carracke the Mo­ther of God at the Seas, the next yeare following. Now because in the precedent Chapters, we haue spoken of a Banke, and the pay­ment of Bankers: it will not be impertinent to intreat thereof, be­fore any further proceeding, to the end this matter may be vnder­stood of euerie Merchant and others.

CHAP. XX. Of Bankes and Bankers.

A Banke is properly a collection of all the readie money of some Kingdome, The descrip­tion of a Banke. Common-wealth, or Prouince, as also of a particular Citie or Towne, into the hands of some persons licensed and established thereunto by publicke authori­tie of some King, Prince, or Commonwealth, erected with great solemnitie in the view of all the people and inhabitants of that Citie, Common-wealth, or Kingdome, with an intimation thereof made diuers times, to be vp­on such a day in the open market place, where a scaffold is purposely erected, with an ostentation of great store of money of Gold and Siluer, supposed to belong to these persons or Bankers so established; which is vnto them an attractiue power to persuade and allure the common people to bring their moneys into these Bankers hands, where at all times they may command it, and haue it againe at their owne pleasure, with allowing them onely a small matter of fiue vp­on euerie thousand ducats or crownes, when any man will retire or draw his money into his owne hands againe: which although it be but in twentie yeares, yet during all that time, they are to haue no more; so that these persons or Bankers do become (as it were) the generall Seruants or Cashiers of that Prouince, Citie, or Common­wealth.

These Bankers, as they haue their Companies, Factors, or corres­pondence in the chiefe places of trade in Europe, so must they also keepe account with euerie man, of whom they haue receiued any mo­ney into their Banke, out of which number, no man of that iurisdicti­on is almost exempted; but generally all men are desirous to please them, and to bring their readie money into their Banke, as also such money as they haue in foreine parts. In regard whereof, these Ban­kers do giue them great credit; for if any man haue occasion to be­stow in merchandise or to pay in money 3 or foure thousand ducats, and haue but one thousand ducats in the Banke, the Bankers will pay it for him more or lesse, as the partie is well knowne or credi­ted, [Page 132] without taking any gaine for it, although it be for 3, 4, 6, or more monethes.

This seemeth to be a great commoditie (as no doubt it is to men in particular) but being well considered of, it will be found a small friendship, and no more in effect, than if a man did participate the light of his candle to another mans candle: for what is this credit? or what are the paiments of the Banks, but almost or rather altogether imaginarie? As for example, The maner of the Bankers paiments. Peter hath two thousand ducats in Banke, Iohn hath three thousand, and William foure thousand, and so consequently others more or lesse. Peter hath occasion to pay vnto Iohn one thousand ducats, he goeth to the Bankers at the appointed houres, (which are certaine both in the forenoone and afternoone) and requireth them to pay one thousand ducats vnto Iohn; where­upon they presently make Peter debtor for one thousand ducats, and Iohn creditor for the same summe: so that Peter hauing assigned vn­to Iohn one thousand ducats, hath now no more but one thousand ducats in Banke, where he had two thousand before, and Iohn hath foure thousand ducats in the same Banke, where he had but three thousand before. And so in the same manner of assignation, Iohn doth pay vnto William, and William vnto others, without that any money is touched, but remaineth still in the Bankers hand, which within a short time after the erection of the Banke, amounteth vnto many millions: and by their industrie they doe incorporate the same, which may easily be vnderstood, if we do but consider, what the readie money and wealth of London would come vnto, if it were gathered into one mans hands, much more if a great deale of riches of other countries were added thereunto, as these Bankers can cun­ningly compasse by the course of the exchange for moneys, the eb­bing and flowing whereof, is caused by their motion from time to time as in our Treatise of Exchanges is declared.

But some will say or demaund, Cannot a man haue any rea­die money out of the Bankers hands, if he haue occasion to vse it? Yes that he can: but before he haue it, they will be so bold, as to know for what purpose he demaundeth the same, or what he will doe with it. If it be to pay any man withall, they will al­waies doe that for him, as hauing account almost with all men; for hee is accounted to be of no credit, that hath not any money in Banke.

If he do demaund it for to make ouer by exchange in some other countrie, they will also serue his turne in giuing him Bills of Exchan­ges for any place wheresoeuer, because they haue their companies or correspondence in euerie place.

If he do demaund it for his charges and expences, it will be paied him forthwith, because it is but a small summe, and in the end the money commeth into their hands againe.

If they pay out money to any man, that hauing money in Banke will bestow the same in purchase of lands, they will still haue an [Page 133] eye to haue it againe in Banke one way or other, at the second and third hand; so that they once being possessed of moneys, they will hardly be dispossessed, and their paiments are in effect all by assignati­on, and imaginarie.

And if they haue any money in Banke belonging vnto Widowes and Orphanes, or any other person that hath no occasion to vse the same, they will allow them interest after foure or fiue vpon the hundreth in the yeare, at the most, and that vpon especiall favour; for euerie man seeketh to please them, as in matter where Commo­dum priuatum beareth the rule; for they can easily please men in par­ticular, in giuing them some credit of that great credit which they haue obtained in generall.

The money then remaining in the Bankers hands, is imployed by them to other vses and purposes.

First, they doe deale with great Princes and Potentates, The Bankers trade. that haue need of money for the maintenance of their warres, as the Geneuoises and Germanes did with the Emperor Charles the fifth during the warres in Germanie, and as the Florentines and others haue done with Phillip the second king of Spaine, and also with his sonne Phillip the third late raigning, causing him to pay 20, 25, 30, and more in the hundreth, by way of exchange and rechange, suppo­sed to happen accidentally.

Secondly, they ingrosse thereby diuers commodities into their hands: and lastly, they carrie thereby a predominance in ruling the course of exchanges for all places, where it pleaseth them: by reason whereof the citie of Amsterdam (to countermine them) haue in the yeare 1608, also erected a verie great Banke, The beginning of the Banke at Amsterdam. for the which the said citie hath vndertaken to answere, whereby they are alwaies sto­red with money, as appeareth, that the same is plentifully to be had at interest at six and seuen in the hundreth by the yeare, and some at fiue and vnder. This custome is now so setled there, that it is as effe­ctuall as any law.

Of the breaking of some of these Bankes, Bankrupt. is the name Bankrupt deriued: for when Princes do not accomplish with them, then they cannot hold out, vnlesse they haue great estates of their owne. Philip the second king of Spaine, in the yeare 1596, was constrai­ned to giue Facultad Reall, that is to say, A Facultie Royall, or Pro­tection. A Power or Facultie Roy­all, or a Protection vnto the Bankes of Madrill, and all their asso­ciates for foure yeares; commaunding that all those that had dealt with them in matter of Exchange, Interest, Contracts, Letters of Credit, or any manner of wayes publickely or secret, and with all their knowne or vnknowne partners, should not be compelled to pay any money to their creditors vntill the yeare 1600: but in the In­terim they should at euerie 6 moneths receiue interest for their mony after the rate of seuen pro centum, for the yeare; and if any man could not forbeare his mony, he was to deliuer the fourth part more in rea­die money, and so accounted together with the interest due at seuen [Page 134] vpon the hundreth, the two thirds of all was to be paied him, and the other third was to continue during his life, with allowance of the said interest; and this was to be obserued in the kingdomes of Ca­stile, Arragon, Portugall, and the Low-countries, as also in the king­domes of Naples, Sicilia, and the State of Milan, and finally in all kingdomes and dominions vnder him, (for so are the words) and in all his warlike forces by sea and by land. This did bring the Bankes in great discredit, and the West-India trade was much interrupted by it, and so continued during the said king his life time; and after his decease, moneys haue not beene plentifull in Spaine, insomuch, that in the yeare 1608, his sonne Philip the third did giue the like Facultie Royall to all men that were to pay money at the returne of the West-Indies fleet for one yeare, paying but 3 pro cent. to their creditors for the forbearance.

CAHP. XXI. Of the Fraighting of ships, Charterparties, and Bills of lading.

HItherto we haue beene buying and dealing in commodities, and now it will be time to ad­uance our commerce or trafficke, and to fraight Ships for the purpose to transport ouer commo­dities. No Ship should be fraighted without a Charterpartie, meaning a Charter or Couenant betweene two parties, the Master and the Mer­chant: and the Bills of lading do declare what goods are laden, Bills of lading. and bindeth the Master to deliuer them well conditioned to the place of discharge, according to the contents of the Charterpartie; bin­ding himselfe, his ship, tackle, and furniture of it, for the perfor­mance thereof. Of these Bills of lading, there is commonly three Bills of one tenor made of the whole ships lading, or of many particular parcells of goods, if there be many laders; and the marks of the goods must therin be expressed, and of whom receiued, and to whom to be deliuered. These Bills of lading are commonly to be had in print in all places, and in seuerall languages. One of them is inclosed in the letters written by the same Ship, another Bill is sent ouer land to the Factor or partie to whom the goods are consigned, [Page 135] the third remaineth with the Merchant, for his testimony against the Master, if there were any occasion or loose dealing; but espe­cially it is kept for to serue in case of losse, to recouer the va­lue of the goods of the assurors that haue vndertaken to beare the aduenture with you, whereof wee shall intreat in the follow­ing Chapters.

The persons that are in a Ship may bee thus in order, which al­though they differ in names in many languages, yet they are all one in effect. The Master of the Ship, the Pilot, the Masters mate, the Ship-wright or Carpenter, the Boats-man, the Purser, the Chirur­geon, the Cooke, and the Ships boy. All the rest are vnder the name Marriners, all these are distinguished in hires and fees in all Countries.

The Master therefore doth couenant by the Charter-partie, Charter-party to find a sufficient Pilot, and all other the foresaid Officers and Marti­ners, and to prouide Shiptycht, Masts, Sayles, Roapes, Tewes, An­chors, Ship-boat; with fire, water, salt, and all things necessarie, at his owne expences. And this Charter-partie so made on the Masters part, doth commonly declare that it is and all things therein contai­ned, according to the Law of Oleron; according to which Law, Law of Oleron. if there bee no writing made, and but an earnest giuen, then the Mer­chant if he repent, loseth his earnest; but the Master if hee repent, loseth the double of the earnest.

Againe, if the Ship bee not readie at the day appointed in the Charter-partie to goe to Sea, the Merchant may not onely free himselfe of her, except hee hold his peace and discharge her not (for then by his silence he seemeth to consent, Qui Tacet con­sentive videtur.) but also shall re­couer charges, interests, and damages, except the Master shew some excuse of some pregnant occasion or mischance, which could not bee auoyded, and then he loseth onely his fraight, because he hath not deserued it. But if the fault be in the Merchant, he shall pay the Master his damages, or according to the Rhodian Law, Rhodian Law. shall entertain the Ship and Company ten dayes, and if then he stay longer shall pay the fraight of all accordingly; and further shall answere for all hurt and damages happening by fire, water, or otherwise af­ter the time appointed. It is true, that the Rhodian Law char­geth the Merchant in this case but with halfe the fraight, and the Master with the whole fraight if he faile: Albeit that the Romanes inflict the paine of the whole fraight vpon the Merchant, especi­ally if hee take out his owne goods againe, for then is the fraight thought to bee deserued.

But if the Ship in her Voyage become vnable, without the Ma­sters fault, or that the Master or Ship bee arrested by some au­thoritie of Magistrates in her way; the Master may either mend his Ship, or fraight another. But in case the Merchant agree not there­unto, then the Master shall at least recouer his fraight, so farre as hee hath deserued it. For otherwise, except the Merchant con­sent, [Page 136] or necessitie constraine the Master to put the goods into an­other Ship worse than his owne; the Master is heerein bound to all losses and damages, except that both the Ships perish that voy­age, and that no fault nor fraud bee found in the Master.

Admiraltie Cases.In the yeare 1587, the like matter was in question with fiue Ships comming backe without their lading, from Ligorne and Ciuita Vecchia into England, whereof my selfe was one of the Merchants that had fraighted them, and did intend to receiue lading there in Allome: But the Gallyes of Don Andrea Doria intending to surprise those Ships (the Grand Armada being preparing in Spaine) they came all of them away without their lading; some two of these Ships had lyen out all their time conditioned by their Charter­partie, to take in their lading, and the Masters had Notariall pro­tests against the Factors that they should haue laden them. These were by the Law of Admiraltie adiudged to haue deserued their whole fraight. Two other ships hauing not staied there their abiding dayes, nor made any protest as aforesaid, could not be found to haue deserued any fraight at all, although they were laden outward bound. The fifth Ship had a condition or prouiso in her Charterpartie, That if it should happen that in her comming backe out of the Straits, shee should be taken or cast away; neuerthelesse the fraight outwards (which was accounted halfe) should bee payed, Condition maketh Law. and that halfe was adiudged vnto the Master, and no more, hauing not tar­ried there his appointed time. And if this prouiso had not beene, he could not haue recouered any thing; for when Ships are fraighted going and comming, there is nothing due for fraight vntill the whole Voyage bee performed. So that if shee perish, or bee taken in the comming home, all is lost and nothing due vnto her for any fraight outwards, whereof I haue also had experience by another Ship.

It is also accounted for a fault, if the Master put forth the Ship to Sea, either without a skilfull Pilot, or without sufficient furni­ture and necessaries, according to the ordinarie clauses of the Charter-parties, or (as in the precedent case) that the other Ship in which the goods were last put in, bee not sufficient, or that the Master doe in an vnlikely time put foorth to Sea.

The Emperors Gratian, Theodosius, and Valentinian, in times past did expresly forbid that no man should aduenture vpon the Seas, from Nouember till Aprill, Sed Tempora mutantur, & nos mutamur in illis. Alwayes it is a great fault by the Law, to put to sayle out of any Port in stormie and tempestuous weather.

Item, if a Master set forth his Ship for to take in a certaine charge or lading, and then takes in any more, especially of other men, hee is to lose all his whole fraight; for by other mens lading hee may endanger the Merchants goods diuers wayes. And in such a case, when goods by stormes are cast ouer-boord, it shal not be made good by contribution or aueridge, Aueridge. but by the Masters owne purse: For if [Page 137] hee ouerburthen the Ship aboue the true marke of lading, hee is to pay a fine.

Item, if a ship do enter into any other Port or Harbour, than she was fraighted for, against the Masters will, as by storme or some force, then the goods shall be transported to the Port conditioned, on the Masters charges; but this must be tried by the Masters oath, and of two of his Mariners, or else the Master may be in further danger.

If any man compell the Master to ouer-burthen Ship or Boat, he may therefore bee accused criminally, and pay the damages happe­ning thereby.

Item, if a Merchant put in more goods into a Ship than was con­ditioned, then may the Master take what fraight hee please. By the Romane Law it is imputed for a fault to the Master, if hee direct his course by wayes either dangerous, thorough Pirats, enemies, or other euill aduentures. Also if hee doe carrie the Flag of other Nations and not his owne, and thereby incurre any losse or dam­mages: For as Packes, Pipes, and all goods, should bee marked with the proper markes of the Merchant to whom they apper­taine: So should Ships bee discerned one from another by their owne Flag.

The ordinarie Charter-parties of fraightments of Ships, made and indented betweene the Master of a Ship and a Merchant, or ma­ny Merchants in fraighting a Ship together by the tunnage, Fraightings by tunnage. where euery Merchant taketh vpon him to lade so many Tunnes in certaine­ty: are made as followeth, Mutatis, Mutandis, which is done before Notaries or Scriuenors.

A.B. Master of the Good Ship or Fly-boot, called the Red Lyon of Ratclife, of the burthen of 120 Tunnes or thereabouts, riding at Anchors in the Riuer of Thames, acknowledgeth to haue letten to fraight vnto C. D. the Merchant his said Ship, and doth promise to prepare to make readie the same within tenne dayes, to take in such goods, as the said Merchant shall lade or cause to be laden in her, to make (by Gods grace) with the first conuenient weather and wind (after the expiration of the said dayes) a Voyage from the Citie of London, to the Towne of Saint Lucar De Barameda in Spaine, and there to deliuer all the said goods, well conditioned, and in such sort as they were deliuered vnto him, to such a Merchant or Factor, as the Merchant the fraightor shall nominate and appoint, according to the Bills of lading made or to be made thereof; and there to remaine with his said Ship the space of twentie dayes, to take in and receiue all such goods, as the said Factor or any other by his appointment shall lade into her, and as the said Ship may conueniently carrie, and being so laden, to returne backe againe for the said Citie of London, and there to deliuer the said goods also well conditioned, to the said C. D. the Merchant, or his assignes. And the said Master doth fur­ther couenant with the said Merchant, that his Ship shall be furnished with twelue able men and a boy, tenne pieces of yron Ordnance, [Page 138] namely, two Sakers, six Minions, two Falcons, and eight Muskets, with Powder, Shot, and all things necessarie, as Cables, Sayles, Ropes, Anchors and Victualls requisite for such or the like Voyage, &c. And hereupon C.D the Merchant and Fraightor, doth likewise couenant with the said M [...]ster, or all the said Merchants doe couenant with him, euery one for his tunnage as aforesaid, that he or they and either of them, will lade or cause to be laden (within the dayes limi­ted) the said Ship, with such and such commodities accordingly, pesterable wares or goods excepted, Pesterable wares or com­modities. which are goods of great vo­lume and cumbersome, whereof no true computation for tunnage can be made: so that the fraight of such kind of goods is made ac­cordingly.

And the said Merchant doth further couenant to pay vnto the Ma­ster, three pounds or more for the fraight of euery Tunne lading vp­on the full discharge of his said Ship, and deliuery of the said goods at London aforesaid, accounting two and twentie hundreth and a halfe, or so many Kintalls for a Tunne; and in like manner for two Pipes or Butts, foure Hogsheads and other commodities rated for the Tunne or Last, as foure Chests of Sugar, Six Barrells of [...]ny other commoditie for a Tunne (as in the fourth Chapter of Weights and Measures is declared) with Primage, Petilodeminage, and some­times Pilotage, according to the accustomed manner in the like Voy­ages, &c. binding themselues each to other for the performance thereof in a summe of money, Nomine Poenae, with such other clauses, conditions, cautions, or other agreements as may bee concluded be­tweene them, which being well expressed, preuenteth all those and the like questions, which the Ciuilians doe discourse vpon, as the fol­lowing may be for an instance.

CHAP. XXII. Of the Master of the Ship his power, and duetie of the Master to the Merchant.

Law of Oleron. THe whole power and charge of the ship being committed to the Master, requireth a staied man and of experience, whereunto the Owners are to take great heed, for his power is described partly by the Owner or setter forth of the Ship, and partly by the Common-law of the sea; by meanes and vertue whereof the Master may, if need be, borrow money in a strange countrie, with the aduice of his companie, vpon some of the tackle or furniture of the Ship, or else sell some of the Merchants goods, prouided that the Merchant be repaied againe at the highest price that the like goods are sold for at the market: which being done, the fraight of those goods so sold and repaied, shall be also repaied by the Master to the Owner of the Ship, aswell as the fraight of the rest of the Merchants goods, except the Ship perish in the voyage in this case, onely the price that the goods were bought for shall be rendred, and for no other cause may the Master take vp money, or sell any of the Merchants goods, al­though it were in the danger of ship-wrecke.

The dueties of a Master of a Ship, &c.Such is the duetie of a Master of a Ship that is prouident, that he ought not to make saile and put forth to sea, without the aduice and consent of the most part of his companie, especially when the wea­ther is stormie, otherwise he shall answere the damages that com­meth thereby; principally, if he haue not prouided an expert Pilot, or if the Ship happen to fall ouer in the harbour.

The Master shall be punished also by damages, if the ouerloope of the Ship be vntyth, or the Pumpe be faultie, or a sufficient co­uering be wanting, especially for Corne, Victuall, and such like com­modities.

He is also before his departure to deliuer the names of all the per­sons which he is to transport, and of his mariners, which with vs is but lately established: and at his returne he is to deliuer a true In­uentorie of the goods of any persons which shall happen to depart [Page 143] this life in that voyage, not onely because his kindred and friends may haue intelligence of it, but also because their goods may bee safe and forthcomming for one whole yeare: of which goods in the meane time, the bedding and appurtenances may bee taken by the Master and his Mate to their vses, as also such clothing and other things then vpon his bodie, may bee deliuered to the Boats-man and the company, who doe for that dispose of the dead bodie, putting the same into the Sea.

When any goods or merchandises are deliuered vnto the Ma­ster, or his Clearke the Purser of the Shippe, and laid within boord, or to the Ships side, both wayes, is at the Masters perill. But the Master is not bound to answere for such things as are put in his Ship, without his and his companies knowledge; Ignorance is here a good excuse. because where men are found ignorant, they are also esteemed not to consent. But if the Merchant or Passenger keepe his goods by himselfe, as monies or such things, in his Coffers, and then find fault to haue lost them: then the Master and Company are to purge themselues by their oath; but if afterwards notwithstanding they be found guiltie, the denier shall pay the double, and also be punished for periurie.

The Master is lyable for all damages sustained by bad Hookes, Ropes, Blockes, or Lines, if the Mariners doe giue notice of it, and they shall beare their parts in the damage, and so is he also to answere any dammage happening by vnreasonable stowing or breaking of goods, and therein he and his companie may be put to their oath.

Further, whatsoeuer shall happen through fault, negligence, or chance, which might be auoided, or if it bee done by the passengers or other than himselfe and his companie, the Master is answerable.

If by the Masters default, confiscation of goods or other da­mages happens for non-payment of Custome, Law of Oleron or false Bills of entries in the Custome-house for goods, or for transporting of vnlawfull goods, the Master shall answere for the same with the interest.

But concerning the suing for the said goods, the Master may well doe it, as the Merchant may pursue for spoyled goods. And not­withstanding if it shall bee found, that the Merchant is in any fault concerning the goods, as aforesaid; then if the Master, and foure of his companie, Mariners, sweare no fault to haue beene in them, the Master shall be cleared thereby.

The Master is to keepe his companie in peace, and if any Mariner shall be hurt in doing seruice, or by his companion, the Master shall cause him to be healed, as hee who is onely answerable for the fact within shipboord, and then by his authoritie recouer from the other Mariner the charges, and any thing that the hurt man hath lost there­by; except that hee who is hurt or lamed, haue prouoked the other by euident assault or stroakes.

And if a Mariner fall sicke, the Master shall cause him to bee laid in a house, with all sustentation necessarie and vsuall in the Ship; but shall not stay the Ship vntill hee bee healed: and when hee recouers [Page 144] health shall giue him his hyre, or if hee dye shall giue it to the wife or neerest friends. But if a Mariner bee not hurt in the Ships seruice, the Master shall hyre another in his place who if hee haue a greater hyre, that Mariner then shall recouer the surplus. And alwayes the Master ought to lend his Mariners if they want. If through the Masters fault the Shipboat perish, with any Mariners in it, by spoyled Ropes or otherwise, then shall the Master pay one whole yeares hire to the heires of the drowned.

Item, he ought to giue his Mariners Flesh vpon Sunday, Tuesday, and Thursday, and vpon other dayes Fish or such like, with sufficient drinke; but no meat to them that sleepes not in the Ship. Neuerthe­lesse the qualitie and quantitie of Mariners food and hires goeth di­uersly, according to the diuers Customes of Countries, and the con­ditions made with them at the entring of the voyage, whereof re­membrance is to be kept to auoid discords, which are more dange­rous on the Seas than on Land.

CHAP. XXIII. Of the Duties and Priuiledges of Mariners.

ACcording to the Law of Oleron, Mariners owe all due obedience to the Master, not onely in flying from him in his wrath, so farre as they can, but also in suffering; yet may they after one stroake defend themselues.

In case of rebellion of Mariners against their Master, which is thought then to be done, when the Master hath thrice lifted the Towell from before any Mariner, and yet he submits not himselfe: then may hee not onely bee com­manded forth of the Ship at the first land, but also if hee make open strife and debate against the Master, hee shall lose his halfe hire, with all the goods he hath within shipboord.

But if in this strife a Mariner vseth any armour or weapons, then should the rest of the Mariners bind him, imprison him, and present him to the Iustice: so that if any refuse to assist, hee shall lose his hire and all things he hath within shipboord. Yea in case any num­ber of the Mariners would conspire, and force the Master to passe to any other Port than to the which he was fraighted, they may bee ac­cused criminally and punished, as for a capitall crime.

[Page 145]And yet if a rebellious Mariner repent in time, and offer amends for a simple rebellion, and the Master notwithstanding refuse, he may follow the Ship and obtaine his hire.

Mariners ought each one to helpe and assist others on the Seas, or else he that refuseth loseth his hire, and the oath of his fellowes shall be a proofe against him.

Mariners in a strange Port, should not leaue the Ship without the Masters licence, or fastning her with foure ropes, or else the losse fals vpon them. They are also to attend the Ship vntill shee be dischar­ged and ballasted new, and the Tackle taken downe. And if a Ma­riner during the time of her discharge and lading, labour not with the rest of the companie, but goeth idle, and absents himselfe, hee shall pay a fine to the rest of the companie pro rata. In a strange Countrey, the one halfe of the company at the least, ought to re­maine on shipboord, and the rest who goe on land should keepe so­brietie and abstaine from suspected places, or else should be punished in bodie and purse: like as he who absents himselfe when the Ship is readie to sayle, yea if he giue out himselfe worthier than he is in his calling, hee shall lose his hire, halfe to the Admirall, and the other halfe to the Master. But this especially ought to be executed against an vnworthy Pilot. The Mariner also forfeits his hire, if the Ship breake in any part, and hee helpe not with all his diligence to saue the goods.

If it chance otherwise than well with the Master, the Mari­ners are then holden to bring backe the Ship to the Port, from whence shee was fraighted, without delay, except it bee otherwise prouided.

A Mariner may carrie as much meat out of the Ship, as hee may eat at a meale, but no drinke.

A Mariner may keepe either his portage in his owne hands, or put forth the same for fraight, and yet the Ship shall not stay vpon the lading of his portage: so that in case the Ship be fully laden be­fore the goods for his portage bee brought in, hee shall onely haue the fraight of so much goods.

If a Ship passe further than the Mariner was hired, his hire should be accordingly augmented, except hee be hired a Mareages, mais non a deniers, as the French man speakes, or by the moneth for all the yeare.

If a Mariner runne away with his hire vndeserued, hee deserues the Gallowes.

If a Mariner be hired for a simple Mariner, and afterwards in the voyage findes hiring, to be a Pilot or a Master, he may passe, restoring his former hire; and so it is if he marrie.

Mariners are not onely to discharge and deliuer goods out of the Ship, but also if no Porters or Carriers bee in those parts, to carrie the same themselues for such hire as other workemen should haue had therefore.

If it happen a Ship to be prised for debt, or otherwise to bee for­feited, [Page 146] yet the Mariners hire is to be payed, and if she prosper, to re­ceiue their pay in the same money that the fraight is payed with.

Lastly, a Mariner should neither be arrested, nor taken forth of a Ship making readie to sayle, for any debt, but onely his hire and as much other goods as hee hath in the Ship may be arrested for it, ac­cording to the value of the debt, and the Master to bee answerable for all; because the Ship is compared to a mans dwelling house, which is his sure refuge by the Law, except it be for a sworne debt, or a penaltie to the King through some crime.

CHAP. XXIIII. Of the Office of Assurances, and the Ancient Custome of the same.

CLaudius Caesar, the fifth Romane Emperour, by suc­cession of gouernement from Iulius Caesar, who was before the Birth of our Sauiour Christ, (borne vnder Augustus) and the first persecu­tion of Christians was vnder Tiberius, S [...]etonius. and the second (more cruell) vnder Caligula, whom Clau­dius did immediately succeed.

This Claudius did bring in this most laudable Custome of Assu­rances, whereby the danger and aduenture of goods is diuided, re­parted, and borne by many persons, consenting, and agreed vpon be­tweene them, what part euerie man will be contented to assure, make good and pay if any losse or casualtie should happen to the goods ad­uentured, or to bee aduentured at the Seas, as also by Land; to the end that Merchants might enlarge and augment their Trafficke and Commerce, and not aduenture all in one Bottome to their losse and ouerthrow, but that the same might be reparted and answered for by many.

This Custome comming to the knowledge of the inhabitants of Oleron was recorded, and by them set downe for a Law, and practi­sed to be obserued through all the Sea-coast Townes of France, and yet was first vsed in England, and after vs imitated by the Antuerpi­ans, and all other Nations there inhabiting when that Citie did flou­rish. And whereas here in London, Lombard-street, then the Exchange of Merchants. the meeting amongst Merchants was in Lombard-street in London, as aforesaid (so called, because certaine Italians out of Lombardie kept there a Pawne-house or [Page 147] Lombard, long before the Royal Exchange was builded by sir Thomas Gresham knight) all the policies or writings of Assurances which then were, and now yet are made, do make mention, That it shall be in all things concerning the said Assurances, as was accustomed to be done in Lombard Street in London; which is imitated also in other places of the Low-countries. These Assurances are made in the said Office in the West end of the said Royall Exchange in London, which are of seuerall natures, as followeth, and at diuers and seuerall rates. The Commissioners for the said Assurances are chosen yearely (or at the least some of them) in the beginning of euerie yeare; And at Roan, at the time when the Merchants of all nations chuse their Pri­or and Consulls. The chiefe authoritie with vs doth rest in the Lord Maior of London, confirmed by an Act of Parliament in the later time of Queene Elizabeth (as you may vnderstand by the manner of proceedings for Assurances) for the obtaining whereof, I haue sun­drie times attended the committees of the said parliament, by whose meanes the same was enacted, not without some difficultie: because there was many suits in law by action of Assumpsit before that time, vpon matte [...]s determined by the commissioners for Assurances, who for want of power and authoritie could not compell contentious persons to performe their ordinances; and the partie dying, the As­sumpsit was accounted to be void in law.

CHAP. XXV. Of pollicies of Assurances, and the substance of them, and of Contributions.

WEe haue partly touched what a policie or writing of Assurance is, by the nature of Assurances afore­said, and the dangers and aduentures whereunto the Assurors are subiect. But now we are to ex­presse them vpon the verie words contained in all or most policies of Assurances, namely,

Of the Seas, men of Warre, Fire, Enemies, Pirats, Rouers, Theeues, Iettezons, Letters of Mart, and Couenants, Arrest, Restraints and Detainements of Kings and Princes, and of all other persons, [Page 151] Barratrie of the Master and Mariners, and of all other Perills, Losses and Misfortunes whatsoeuer they be, and howsoeuer they shall happen or come, to the hurt and detriment of the Goods and Merchandises, or any part or parcell thereof, &c.

First, the Policie of assurance saith, That such a man (of what na­tion or qualitie soeuer he be) caused himselfe to be assured from such a place to such a place, vpon goods or, &c. laden or to be laden, in the good Ship called the Dragon, or &c. of the burthen of so many Tunnes, whereof A.B. is Master for such a voyage, and to beare the aduentures abouesaid. If the person whose name is vsed in the assu­rance, be in time of warre taken to be no friend to the State, there is a danger to pay the said assurance; if (after the subscription of the assurour) the goods should bee arrested and be made forfeited to an­swere the same to the Prince, albeit this was by the late Queene Eli­zabeth contradicted in the point of honour, as it pleased her of a roy­all and noble disposition to say in a case concerning the Portugalls, subiects to her aduersarie, Phillip the second King of Spaine. For in the yeare 1589, a great Ship being taken by certaine men of warre of London, and brought into Plimmouth laden with Pepper, Sugar, and other commodities at Lixborne, to bee deliuered at Venice; it pleased the Lords of her Highnesse most honourable priuie Coun­cell to deliuer vnto me all the Letters, Bills of lading, and Inuoyces which were found in the said Ship (being written in six or seuen seue­rall languages) to the end I should make true report of the contents of them, to know to whom properly the said goods did appertaine: in doing whereof I found that a great part of the said goods did be­long to the Venetians, as also to the Florentines, with whom the said Queene had no quarrell; but that the said goods were assured at Lixborne by the Portugall Merchants. Hereupon there was a pre­tence to make them good prize, and the matter was long debated, and at last resolued that the parties should haue restitution of their goods, the rather for that the Portugalls were great losers many wayes: which was done accordingly.

The losses which ordinarily, according to the seasons of the yeare happen vpon the Seas are knowne: the like is, more or lesse, with men of warre, enemies, Pirats, Rouers and theeues, L [...]sses to b [...] well conside­red of, in the behalfe of the assurors. especially with men of warre in times of hostilitie (as it is in times of peace by Pi­rats, Rouers, or theeues) which are assayling theeues: for otherwise if there bee theeues on shipboord within themselues, the Master of the Ship is to answere for that, and to make it good, so that the assu­rors are not to be charged with any such losse; which sometimes is not obserued. As fraudulent assurances and the losse of stolne goods within shipboord, doth not concern the assurors: so likewise the fault of the Pilot is to bee considered on their behalfe, by the Lawes of Oleron, after that the Pilot hath brought the Ship in sure harbour, hee is no further bound or lyable: for then the Master is to see to her bed and her lying, and beare all the rest of her burthen, charge, and [Page 152] danger. So that if before she come into the Port or some safetie, ei­ther shee or goods perish or bee spoyled, Lawes against vnskilfull Pi­lots. the Pilot makes good the same; yea if his fault or ignorance bee so grosse, that the companie sees any manifest and present wracke to all thereby, then may they lead him to the Hatches and strike off his head.

Moreouer, if without apparant danger, some of the skilfullest Mariners deeme that a Pilot is not so skilfull, as hee maketh boast or profession of, then shall he both lose his hire, and double the same to the Admirall and Master, or else (by the Law of Denmarke) passe thrice vnder the Ships Keele. And also if a Pilot hired for a voyage bee not readie against the day, hee shall not onely pay the Master and Merchants damage or stay; but also the fraight that is lost thereby, except sickenesse or some very lawfull excuse qualifie the same.

The like consideration must be had in the contribution made to sa­tisfie Pirats; for if ship or goods be redeemed from a Pirat, the con­tribution must be made by all, because the redemption is made for the safetie of all. Contribution for Pirats. But if the Pirat be once master of all, and yet take but some speciall goods, whether from Ship or Merchant, and not as a contentation for sparing of the rest: in this case because the re­mainder is not assured thereby but freely spared, no contribution is to bee made for the taken goods, to charge any assuror with any part thereof; For oftentimes Pirats take but things at pleasure and not of mind to spoyle. But now adayes commonly it is taken and supposed otherwise, howbeit beyond the Seas the loser of the goods so taken, beareth his owne losse vnlesse it bee assured. It was so iudged by a packe of Stockings taken (out of a ship of Amsterdam bound for Sanlucar) by the Moores of Barbarie, in the yeare 1589, and the assurors payed accordingly, who had assured onely vpon that Packe: whereas if it had bin cast into an Aueridge to make all the as­surors of that Ship contributarie, the [...]aid assurors had beene much eased. Contribution for spoyled goods. And it is therefore to be obserued, and the Law of Oleron is, If by the losing of any cast goods, or vpon any needfull occasion the re­maining goods be spoyled, either with wet or otherwise, a contribu­tion shall bee made proportionable for so much as they are made worse.

Againe, if it be needfull to lighten a Ship, for her easier entrie into the harbour or channell, Contribution for lightening two parts of the losse fall vpon the goods, and the third part vpon the Ship, vnlesse the Ship is more worth than the lading, and that the charge of goods bee not the cause of her inabilitie to enter, but some bad qualitie proceeding of the Ship it selfe, or that otherwayes it be prouided in the Charter-party, that the goods shall bee fully deliuered at the Port couenanted and appointed for them. Condition makes law, which concerneth the as­surors also to looke vnto. In which case it is also to bee obserued, That if by occasion of lightening, the goods which are in the Boat or Lighter perish, the Ship and the goods remaining on shipboord shall make good the said losse. But on the contrarie, if the Ship and [Page 153] goods remaining perish, after the Lighter is once safe, no contribu­tion shall be set vpon the goods in the Lighter, because it is a certaine rule, That goods are lyable onely to contribution, when ship and goods come safe to the Port.

Item, contribution should be for the Pilots fee, Contribution for Pilots. that hath brought the Ship into an vnknowne Port for her safegard, as also to raise her off ground, when the fault is not in the Master.

So is it when two Ships rush and crosse one ouer another, and the company sweare, that it lay not in their power to stay the same, con­tribution must bee made for the repairation of both their losses; but not so if one of them perish, for which an Action may be brought against the negligent Master or Mariner, who did make her loose. And therefore, if such a chance doe happen in the day time by a Ship vnder sayle, against a Ship riding at Anchor; then the Master of that sayling Ship, shall make good the damage and hurt of the other, to the vttermost: and the like shall bee done, if in the night the ri­ding Ship doe put forth fire and light, or make any crying to fore­warne the other.

It also appertaineth to this Argument; If some sort of goods, as Salt, or Corne, be laid on heap by diuers parteners in one Ship, with­out distinction, and that the Master deliuer to any of them their due measure, and before the rest receiue their measures, the remaining Salt or Corne washes or loses; he that had the hap to bee first ser­ued, enioyes it fully without any contribution to the parteners; First come, first serued. be­cause when these goods were put into the Ship, it was deliuered to the Master, Tanquam in creditum, and so hee is become owner, as of money lent, which men are not bound to redeliuer in the selfe same pieces, but in value or such like coyne, except there bee some condi­tion past to the contrarie. And albeit this is not to be imputed vnto the Master as a fault, yet if hee that receiueth a losse thereby, will bring in this as an Aueridge, and charge the assurors with contribu­tion, it is vniust, for the reason aforesaid; and the Master must of ne­cessitie deliuer to one man before another. And therefore in the next Chapter wee will set downe the manner of execution for con­tributions, otherwise called Aueridges.

Concerning the danger and aduenture of Letters of Mart, Letters of Mart. or Contremart, Siue ius Reprisaliarum, or Letters of Marque, euery one knoweth that men hauing these Commissions or Letters from their Prince, are very vigilant in all places to surprize Merchants Ships and goods; for in this, one extremitie doth inforce another extre­mitie, when a man is oppressed with robberie; spoyles, and violence on the Seas, by men (falsly professing friends) in such sort, that no petition, intercession, or trauell, can procure a mans right, but that the subiect of one Prince hath open deniall of iustice, or restitution of goods cannot be had at the hands of a subiect of another Prince, nor of the Prince himselfe, who should suppresse iniuries and wrongs: Then (because such vniust dealing doe import iust cause of hostilitie [Page 154] and warfare) may these Letters of Mart bee procured, to the end men may haue restitution or recompence of their losses, especially, because these proceedings seeme to denounce a warre without any Proclamation, shewing vnto other Nations the like distastfull fa­uours as they shew vnto vs, which are allowed to bee done by Cu­stomes, Reasons, and also by Statute Law in Scotland, and after­wards in England: The assurors therefore cannot bee fauoured herein.

Detainment of Princes.The next is Arrests, Restraints, and detainements of Kings and Prin­ces, and of all other Persons happening both in time of warre and peace, committed by the publike authoritie of Princes, as also by priuate persons, both wayes dangerous.

Priuiledged Ships.There are in all Countries Priuiledged Ships and Boates, seruing the Countrey or the Prince, which haue great Prerogatiues, and are free of Impost and Customes, and not subiect to arrests; therefore the assurors are not to care for them, for they are to serue the Prince: and all Ships are subiect to this seruice vpon command, and if they refuse, their Ships are forfeited by the Sea-lawes: therefore in these cases the fauour of the Admirall is alwayes required. It is an ordinarie matter in Spaine and Portugall, to make an Embargo vpon all Ships, at the departure of the West-India Fleet, or the Car­rackes for the East-Indies; and many times vpon other occasions, whereby Merchants Ships being laden are much hindered, especial­ly, if it bee with Wines, Oyles, Raisons, and such like perishable wares. Now if the owner of the goods, shall thinke that his wares doe perish, lying two or three moneths laden, or if it be Corne that may become hote and spoyled; hee may renounce these goods or wares to the assurors, and thereby bring a great losse vpon them. Yet neuerthelesse he shall not need to abandon the goods, for by the Po­licie of assurance it is alwayes prouided, That in case of any misfor­tune, it is lawfull for him, A Prouiso in the Policies of assurance. his Factor or Assignes, or his Seruants, or any of them, to sue, labour and trauell for in and about the defence, safegard, or recouerie of the goods, and any part thereof. And that the assurors shall contribute, each according to the rate and quantitie of the summe by him assured. So that albeit, that it doe fall out that the goods be not vtterly lost when the Ship is cast away, the assured must recouer his whole money; because hee hath authoritie by the Policie of assurance to recouer them, or any part of them, as afore­said, and he is afterwards to yeeld an account thereof, for so much as doth concerne euery man ratably: otherwise the assured should bee discouraged, if by those meanes he should make his assurance intri­cate and subiect to all cauilations, and to the interruption of so neces­sarie and laudable a Custome, as the matter of assurance is. There­fore, as in the matter in hand, wee haue a care for the assurors, that they should not bee deceiued by those that cause assurances to bee made: so on the other side, we would auoid to minister any occasi­on wh [...]reupon they might become quarrelsome, but that all should [Page 155] be left to the Commissioners determination, who are (or should bee at the least) best able to examine the premisses.

Now concerning the Arrests of particular persons, Arrests vpon Ships. vpon Ship or goods, the assured can make no renunciation to charge the Assurors with any losse either in the totall or part, because vpon caution giuen to answere the law, the ship or goods arrested are instantly cleered in all places, either heere or beyond the seas, where the arrests are made, wherein the iurisdiction of all courts for sea-faring causes are verie carefull to see expedition vsed.

Barratrie of the Master and Mariners can hardly be auoided, Barratrie of the Master. but by a prouident care to know them, or at the least the Master of the ship whereupon the assurance is made. And if he be a carefull man, the danger of fire aboue mentioned, will be the lesse; for the ship-boyes must be looked vnto euerie night and day. And in this case let vs al­so consider the Assurors; for it hath oftentimes happened, that by a candle vnaduisedly vsed by the boyes, or otherwise before the ships were vnladen, they haue bin set on fire and burned to the verie keele, with all the goods in them, and the Assurors haue pated the summes of money by them assured: neuerthelesse herein the Assurors might haue beene wronged, although they beare the aduenture vntill the goods be landed; for it commeth to passe many times, that whole ships ladings are sold on ship-boord and neuer discharged, because they should auoid the paiment of Customes and Imposts, and there­fore they will breake no bulke, but depart for some other place. viz. Ships laden with Gascoyne Wines do come from Middleborough to London, which haue beene bought by the great, and either the seller of the Wines doth beare the aduenture of the seas, or the b [...]y­er. So euerie yeare there are diuers ships which come from Norway laden with Deale-boords, Plankes, Masts, and the like commodities, which being entred into the riuer of Thames for two or more daies, will depart againe for Spaine, or some places in the Straits, accor­ding as they haue made their bargaine with the Merchant: in like manner diuers other ships laden with other commodities, vpon the like bargaines and contracts, will make further voyages, and not discharge in the place were it was first intended and named in the policie of Assurance. Now if after such a bargaine made, the ship and goods (either by fire, or any other misfortune) do perish, the As­surors are not to answere for that losse, notwithstanding the generall words ( And of all other Perills, Losses and Misfortunes whatsoeuer they be, and howsoeuer they shall happen or come, to the hurt and detriment of the Goods and Merchandises, or any part or parcell thereof) contained in the policie of Assurance as aforesaid. I hold it also conuenient to aduer­tise the Assurors of a case of mine owne experience: In the yeare 1589 I caused the ship of Monsieur Gourdan gouernour of Calais, to be fraighted for Lixborne, and to returne backe againe to Calais or London: A case to be considered in Assurances. the said ship (being arriued at Lixborne) was laden with Sugars, Pepper, and other commodities to returne for London; [Page 156] whereupon I caused six thousand French crownes to be assured at Roan. It happened that the said ship was cast away vpon the coast of France, in comming homewards, and all the goods were vtterly lost; whereupon intimation being made to the Assurors, I sent to the Commissioners of assurances at Roan, all my proofe concerning the lading of the said ship, hoping to recouer the money assured; but vpon examination of the Bills of lading, declaring truely the quali­tie and quantitie of the goods, my factor of Lixborne (considering the dangerous time of warre, and my dwelling in London) left the place of her discharge in Blanke, and by letters ouerland gaue me no­tice of it, which was made apparant to the said Commissioners; yet neuerthelesse (after the examination of the sea-lawes and customes, and the Paracer had of all experienced Merchants) it was sentenced against me, and the Assurors were cleered, and made onely a resti­tution of the money receiued by them for their Premio, and yet of that they did abate one halfe or medio por ciento, as it were tenne shil­lings for euerie hundreth pound for their subscribing to the policie of Assurance, to my verie great losse.

To this purpose doth appertaine another propertie of Assurances, which happeneth, when Merchants cause a greater summe to be as­sured than the goods are worth or amount vnto when they are laden into any ship which is expected home wards, making account that their Factors will send them greater returnes than they do: in this case the Custome is, A rare custome in Assurances. that those Assurors that haue last subscribed to the policie of Assurance, beare not any aduenture at all, and must make restitution of the Premium by them receiued, abating one halfe in the hundreth for their subscription, as in the case aforesaid, and this is duely obserued; and so a Law not obserued is inferior to a Cu­stome well obserued.

To conclude the point of policies of Assurances, let vs note, that of necessitie it is required as a consideration precedent, that the As­surors must acknowledge themselues to be satisfied of the Premium of Assurance, at the hands of the assured, or any other who doth vn­dertake to pay them: which beyond the seas is commonly payed within six moneths, because that Merchants assuring each to other, may rescounter their Premios, in the accounts kept thereof betweene them; for herein is vsed great trust and confidence betweene them: and this appeareth also by euerie mans vnderwriting in the said poli­cie of Assurance, in these words, I A. B. am content with this Assu­rance (which God preserue) for the summe of one hundreth pounds. London this 10 of August 1620, &c. according to the summe and time.

CHAP. XXVI. Of the manner of Contributions or Aueridges.

Hauing intreated of Contributions or Aueridges in regard of Assurors, now it behoueth vs somewhat to speake of the manner how this is executed and performed; by some called Scot and Lot.

In the case of casting of goods in tempestious weather, for preseruation of life and goods, the ma­ster is to consult with the mariners, and if they consent not, yet the master may cast some goods, if the storme continue: but if the Mer­chant be present, let him begin to cast, saith the law of Oleron, and next the mariners, who if they unbesill any part to their owne vse of that which should be cast, are to answere the double.

When the master shall come on land, he must (with the most part of his companie) sweare that he did cast the said goods, for no other cause, but for the safetie of ship, goods and lines, which are to be cast into an Aueridge or Contribution vpon ship & goods, whether they be burdensome or of small volume, as mony, Iewels or such like, not being weightie; things vpon a mans bodie, victualls, and such like excepted.

But here ariseth a question, Whether goods laden aboue the ouer­lope, or forbidden goods to be transported, shall be answered by Contribution? Sure if such goods happen to be the cause of any dan­ger or damage, the master shall beare the losse, and also criminally be prosecuted. But if goods vnaduisedly (without consent of the ow­ner) be cast out on the suddaine, the owner may vpon his conscience esteeme them to the verie value, because the companie (by their rash proceeding) hath lost the priuiledge they had to esteeme and appraise the said goods.

Also any ships geare or apparrell lost by storme, is not within Aue­ridge, and accounted like vnto a workeman breaking or spoyling his tooles, or ordinarie instruments. The like is for goods cast, which were brought within ship-boord, without the master or his pursers knowledge.

In the rating of goods by way of Contribution, this order is ob­serued, If they chance to be cast before halfe the voyage performed, then they are to be esteemed at the price they cost; if after, then at the price as the rest, or the like shall be sold at the place of discharge.

[Page 158]The person (whose goods haue beene cast) is to be carefull to haue the same estimated before the ship doe discharge, and to deale with the master for that purpose. For the law doth intend that the goods deliuered vnto him, are not only as a pawne or pledge for his fraight, but also bound to answere all such Contributions and Aueridges that may happen; and therefore the master may put his helping hand thereunto, vntill satisfaction be made, albeit that commonly the de­taining of other mens goods are not allowed.

Three sorts or manner of goods token vpon the sea.Herein let vs now consider of things taken vpon the sea, which are of three sorts: the first we haue alreadie noted to be goods taken by Letters of Mart by, ius represaliarum; the second are taken from Pirats or sea Rouers; and the third from professed enemies. Touching that which is taken from Pirats, seeing they be goods which they haue wrongfully taken from others, whether they be found in their owne or their successors possession; these are esteemed to be a iust prise or prey to any taker of them, so that account be made of them to the Admirall. And in case where the taker doth find the goods of his friend or countrieman with the Pirat, it is reasonable that restitution be made, vpon good consideration of the charges and danger sustai­ned concerning the same.

If a ship or goods be taken from a professed enemie, it is to be pro­ceeded in according to the authoritie whereby it was taken. But if goods be taken by a professed enemie, and afterwards the said goods are taken againe from him, and the true owner doth claime them, it ought to be restored to the owner; for the law taketh these goods to be as receiued and not taken, yet with good recompence for them.

But when such goods become a lawfull prise to the taker, then the Admirall is to haue his tenth part) according to the offer which Abra­ham made vnto God, of the spoyle which he tooke of the fine kings) and the remainder of the goods so taken, is to be proportionably di­uided betweene the takers, or according to the composition former­ly made. In these cases there is alwaies a fauourable consideration to be had: which is the cause, that if two forreine nations be at warre, and the one take a ship from the other, and bring her into a port or road within the bounds of a neuterall nation, alike friend to both; then may the Admirall of that nation ordaine that ship to be restored to her owner, and the persons captiue to their former libertie, euen as if she had beene brought backe to her owne port or countrie againe. (*⁎*)

CAHP. XXII. Of the particulars to bee obserued in Assurances.

THE obseruations to bee considered of in matter of assurances are very materiall for euery Merchant, and deserue a particular Chapter in this Treatise, which I haue compiled according to the circum­stances of the things themselues, for the assurors benefit.

1 The first I haue touched in the Partie who causeth the assu­rance to be made, both for his honest dealing, and whether hee bee a friend to the State or Kingdome for the reasons aforesaid.

2 To know the Master of the Ship and Mariners to bee honest, and of experience, to auoid the danger of Barratrie and other ac­cidents.

3 To take notice of the goodnes of the Ship, and of her sayling, especially making her voyage alone, or in companie of other Ships: whether she be old or new built, and the price of the assurance to bee accordingly.

4 To know by the Map or Sea-cardes, the distance of the place or countrey where the Ship is to sayle, and the dangers of knowne rockes and sands.

5 To haue a regard what winde must serue, and the true season of the yeare, which maketh a difference in the price of assurance; as for example, an East or North-east winde driueth from the land for Spaine, which is lesse dangerous, and receiuing six or seuen pro ciento, when a Westerne, or North-west, or South-west (driuing from thence vpon the land) is to giue seuen or eight pro ciento: in Winter two in the hundreth more than in Summer, vnlesse it be by calmes in places dangerous, as now in the Straights for the Turkish Pirats and without it, the Moores of Barbarie, or other theeues. So Ships go­ing for East-land against Winter, will giue two in the hundreth more than in Summer. The like for Ships bound for seuerall Ports more subject to casualties, &c.

6 To consider of the places of hostilitie, where the Ship must vnlade or touch, the danger of generall or particular Embargos of Ships, the likelihood of detainements of Kings and Princes.

[Page 160]7 Not to assure for vnlawfull places of trade, or questionable betweene Princes, as Guinea and there about the West-Indies; vn­lesse a good premio bee giuen, as in a manner vpon aduentures lost or not lost.

8 To know vpon what kind of goods you doe assure, whether vpon Wines, Oyles, Salt, Raisons, and such like corruptible and pe­rishable wares, or vpon other Staple commodities, as Clothes, Tin, Lead or Silkes, &c. not subiect so ordinarily to Aueridges and contri­butions as the other.

9 To know what Ordnance and Munition the Ship is prouided withall, and not to assure vpon the bottome of the Ship, but with good aduice.

10 If you assure vpon any particular goods marked, to know whether they bee laden in the bottome of the Ship, and there is danger of wetting and spoiling; if aboue in the Ship, there is danger of Pirats, or of casting ouerboord; about the mid­dle is best.

11 To bee aduised not to assure, beyond the limitation of your knowledge by the meanes of others, or from Lixborne to Brazell, or from Venice to Tripoly, or such like voyages, where­of you cannot conueniently haue notice from time to time.

12 Lastly, to bee prouident in the contributions and aueridges, to answere for no more than is your due to pay, and to haue an in­spection of the Bills of lading, if doubt be made of the Commis­sioners sufficiencie or knowledge in cases of this nature.

The assurance vpon the liues of men (whether aged or young, of good qualities and diet, of disposition gentle or quarrelsome, a traueller or a dweller) being somewhat extraordinary, euerie man is best able to consider of it by the acquain­tance of the persons. (*⁎*)

CHAP. XXVIII. Of the manner of Proceedings for Assurances, in case of losses.

WHereas the policie of Assurance remaining with the assured, is registred Verbatim in the Office of Assurances, to the end that if the same should happen to bee lost, yet by the said Register, the partie may recouer of the assurors the seuerall summes by them assured; as also because if any newes doe come of the casting away of the Ship, the assured may come to the office, and cause intimation to be made to the assurors, and to euery one of them in particular of such a losse, which is also recorded there accordingly, expressing the time when this intimation is made, and in cases of assurance made vpon lost or not lost, the very houre of the day is to bee set downe, whereby (if there were any fraud) it may sooner bee detected. And if the assu­red doth thinke conuenient, either for that hee hath almost assu­red all the value of his goods, or that hee would haue the assi­stance of the assurors, when there is hope of recouerie of any part thereof, or any other cause which may mooue him: then I say, Renunciation of goods. the party assured may make renunciation of all the goods to the assurors, and hee shall come in as an assuror, for so much as shall appeare that he hath himselfe borne aduenture of; and the assurors are to bee con­tributaries to the charges of the pursuit, and they may ioyntly argee therein and appoint their seruants, or other persons to follow the same; and this renunciation is also recorded in the said Office accor­dingly. But if afterwardes it shall bee found, that the assured hath made assurance or caused himselfe to bee assured, for more than the goods laden for his account did cost; then the last assurors which haue subscribed to the Policie, shall enioy the benefit thereof, as hath beene declared. For by the Custome of Assurances it is inten­ded, that to auoid cauilations, euery Assuror shall be bound ipso facto to the said Assurance, hauing a respect to the augmentation of trafficke and commerce, according to the Maxime, It is better to suf­fer a mischiefe than an inconuenience; the mischiefe being attributed to one or some particular persons, and the inconuenience to the whole Common-wealth in generall.

Hereupon the partie assured doth procure his testimonialls, wit­nesses, [Page 162] or any other euidences concerning the said losse, declaring the manner and place, the cause, with all circumstances, either by ex­aminations in the said Office of Assurances, or in the Court of Ad­miraltie, with all such other proofe as by letters and all other meanes hee can attaine vnto: Proofe of the Assurors. all which hee hath readie, or bringeth into the Office, together with the Charterpartie of fraightment, if hee haue the same; the Policie of Assurance, the Bill of Lading, the In­voice of the goods, the Factors Letter of lading, wherein the Bill was inclosed, or any other Letters made for the declaration and ma­nifestation of all the matter in question: which are all examined by the Commissioners for Assurances, at seuerall appointed dayes for hearing, procured by the assured; at which times all the assurors are warned to appeare, and record is made also of their meetings and ☞ proceedings. And heerein is to bee obserued, that it may many times happen, that the assured hath caused some assurance to bee made in some other place vpon the said goods also: Therefore the Commissioners (if it bee by the assurors required) may examine the assured thereupon by oath, and then deale therein as they find cause, according to the Custome of Assurances.

To abbreuiate the questions which the Ciuilians haue made, con­cerning this argument of Assurances, writing De assicurationibus, I haue thought good to let euery Merchant vnderstand, that obseruing the forme of the policie of Assurances, with the obseruation before declared, all the said questions will bee preuented, and to proue the same by Demonstratiue Reasons vpon euery question alleaged, as followeth.

CHAP. XXIX. Of Shipwrecke, and things found vpon the Seas.

THE Merchant or the assured, together with the assurors, have great cause of encouragement to looke after the goods of a Shipwrecke, for there is no forfeiture of the said goods; but with all humanitie euerie man is bound to aid them there­unto; and whosoeuer steales any such goods, hee shall pay fourefold to the owner thereof, if hee bee pursued within a yeare and a day, and as much to the Prince or Admirall: wherein the Sea-law is so strict, that the stealing of a nayle or the value thereof, maketh the party guiltie to the rest of the goods; so that by the ordinance of the Emperor Antonius, The theese or rob­ber of such goods should bee beaten, and banished for three yeares; or if hee were of base condition, scourged to the Gallies. For he that will not helpe such distressed men, shall bee counted as a murtherer: and therefore may no man hinder Ships to tye their ropes, or lay their anchors on land. And therefore did Hadrian the Emperour or­daine, That all men hauing possessions on the coasts, should attend carefully vpon such chances, otherwise they to be answerable for all things missing by stealth or robberie.

If no man in due time claime such a wrecke, then it belongeth to the Prince or Admirall: and any action for Shipwrecke must there­fore be commenced within a yeare and a day.

Wherein also is to be noted, That if the Ship onely perish and the goods bee saued, then the goods shall pay the tenth, or the fifth, as the difficultie of the sauing thereof shall require. For Gold, Siluer, Silke, and the like things of easie transportation, should pay lesse than goods of greater weight and burthensome for carriage, as being in greater danger, except the Master carry in his Ship to a place where hee should not, and then is the Merchant free of the Masters losse. Now of things found vpon the Seas, or within the flood-mark, these are of three sorts, either found on the streame floating, and then are called Floatson; or found on the Sea bottome, Floatson. Lagon. and drawne vp from it, and then called Lagon; or found on land, but within the Sea-flood, or cast forth there by storme and the water, and then are called Ietson. Ietson.

[Page 168]Concerning Floatson and Ietson, whether things be cast vp by Shipwrecke, or else left or lost through casting in stormes, the finders thereof (as some Lawyers are of opinion) should doe therewith as with other goods found vpon land, that is, to proclaime the same to be forthcomming to the true owner, because the loser remaineth still proprietarie of them: and if no man claime the same, the finder to keepe the same to himselfe. But by the Rhodian Law, the finder hath one fifth part for the sauing. And in France by the Admiraltie of Rochell, they allow Pour le Droict de sauuage one third part, which my selfe haue allowed of eightie pipes of Oyle, and twentie two Butts of Sackes, which became Floatson out of a Ship of Diepe, called the Desire, which did perish neere the Island of Saint Martin de Rea, not farre from Oleron, in the yeare 1589, the French King Henry the fourth late deceased being then but King of Nauarre. So hath a Diuer for drowned goods, Allow [...]ee to Diuers in the Seas. one third part vpon eight Cubits deepe, and vpon fifteene Cubits hee hath halfe, and vpon one Cubit but a tenth; which of late yeares was accordingly allowed in some part of Ireland, for drawing vp some Ordnance of the Ships, which of the Spanish Armada did perish vpon the coast, Anno 1588. But by the Custome now vsed, euerie man of some qualitie will claime all as his owne, if it commeth vpon his land, contrarie to the Law of Oleron, which giues it to the finder.

If Ships or Boats are found on the Sea, or vpon the coast, without any liuing creature therein, and no man claiming the same within a yeare and a day; then the halfe is allowed to the finder, and the other halfe to the Prince. But of late yeares all is left to the arbitrement of the Admiralls, to consider the finder or taker with some portion for his trauells, charges, and danger. And if the finder conceale such goods, whether Anchor, Timber, Iewels, dead men with money or Iewels about them, hee not onely loseth his part, but also shall bee fined at the will and pleasure of the Admirall.

If Whales, or Regall Fishes, Ships or Boats without liuing thing in them, be driuen by force of winde and waues onely to any coast or land, then all and wholly doth appertaine to the Admirall. But in the yeare 1617, a great Whale being found on the coast in Suffolke, where Sir Robert Lloyd Knight was Admirall for the late Queene Anne, his Maiesties Consort, for her lands there; he took not the bene­fit hereof, as hee might haue done, but the said Queene had the same.

In like manner, a Deo dando or Deodant appertaineth to the Ad­mirall, that is to say, The thing (whether Ship or Boat) that caused the death of a man, or whereby a man did perish vnawares.

To conclude this point, let vs remember that in causes of spoile, it is sufficient by the Lawes of England, for the spoiled to prooue his goods by his marke, and the Shipwrecke may not only be proued by the persons liuing, but also by the persons who were present at the preparation of their voyage, euen their owne parents and children, if none of the Ship (broken) be aliue.

CHAP. XXX. Of Partners of Ships and Voyages.

FOrasmuch as Parteners and Owners of Ships cannot be constrained by the Law to remaine in Partenership, although they had made a coue­nant neuer to sunder or separate themselues; therefore are there many considerations to bee had and required in the same.

And first it is generally obserued and accusto­med, That if Owners of a ship newly builded or bought betweene them, shall fall out and be at variance, the said ship shall bee imployed and make one voyage first, Law of Oleron. vpon their common charges and aduenture, before any of the parteners bee heard to sun­der and discharge their part. And after that, if they cannot agree, he who desires to be free, is to offer to the rest his part, and to set the same vpon a price, as he will either hold or sell; which if hee will not doe, and yet refuseth to set the ship forth with the rest of the Owners or Parteners, then may they rigge the said ship at their owne char­ges, and also vpon the aduenture of the refuser, so farre as his part doth extend, without any account to bee made vnto him of any part of the profit at her returne. But they are onely bound to him to bring her home safe, or the value of his part to bee answerable for, and that iustly; because ships were made and inuented in common for the vse of all men, euen of them that dwell in the Mountaines, as on the Sea coasts, and ordained for sayling and not to lie idle and vn­occupied. But if the persons, who haue most part of the ship, refuse to abide in Partenership with him who hath a small part, that neither hee can sell his part at a price, without great losse, nor is yet able for want of meanes to attaine or buy their parts; then are they all bound to put the ship to an appraisement, and so to dispose of her by sale, or setting of her forth on a voyage, accordingly; by meanes where­of their discord may be ended and the ship not spoyled. And if for want of buyers in that place, the poore partener can neither auoid the oppression of the richer, nor yet the rich satisfie the poore man, which may also be wilfull, then may the Iudge of the Admiraltie, or the ordinarie Iudge deale and decree the same, as hee may doe in omnibus alijs bonae fidei actionibus: And consider of all the circumstan­ces [Page 170] of the persons, of the matter of their difference, and of their motiues; that thereupon he may administer Iustice in giuing euerie man his due right.

In cases where Owners doe agree, and voyages are vndertaken, there the Master of the ship is placed by the Owners, A Master pla­ced by the Owners. and they ought to make good the Masters fact and deed; so that the Master may lay his action vpon any one of the Owners: but the rest of the Owners shall pro rata of their portions be contributarie thereunto, except the handling of the Ship be so seuerally diuided amongst them, or that the Master haue not his Power and Commission of them all; or that the Master hath bound himselfe aboue his Commission, as if he haue taken vp money to mend the ship, when as he needs it not, or that hee haue no Commission at all: in which case the lender committeth an ouersight, and hath no remedie but against the Master. But if there were cause of mending the ship, and the Master should spend the same another way; the Owner is to satisfie the Creditor notwith­standing. And aboue all things money lent for victualls to the ships company should be payed and preferred before all other debts.

If a Merchant contracting with a Mariner, that is not a Master, be therein ouerseene, he must content himselfe, for he can haue no acti­on against the Owners, except for a fault done by a Mariner which hath beene hired and put in by the Owners.

Againe, albeit that by the Sea-lawes, the Owners may not pursue any persons obliged to the Master; yet are they permitted to pursue vpon the Masters contract, as if they had beene principall con­tractors. Because herein they doe represent and vndertake the per­son of the Master, and these priuiledges are granted to the Owners, for the good of the Common-wealth, and augmentation of trafficke.

Neuerthelesse the Master is not bound to render an account of all to the Owners, as for passengers which are found vnable to pay; and so are not Owners bound to answere for the Masters negligence. But it is very conuenient if the Owners bee in place, that the Master doe not let the ship to fraight, or vndertake any voyage, without the pri­uitie, knowledge, and aduice of the Owners, or of some of them, to the end many things may bee aduised by them, whereof the Master was ignorant.

CAHP. XXXI. Of Moneys taken vpon Bottommarie, by the Master of a ship, called Foenus Nauticum.

THe name Bottommarie is deriued by the Hollanders from the Keele or Bottome of a ship, vpon the paralel whereof, the Rudder of a ship doth gouerne and di­rect the same: and the money so taken vp by the ma­ster of the ship, is commonly done vpon great necessi­tie, when moneys must be had in forreine countries to performe a voyage; for the vse payed for the same is verie great, at 30, 40, and 50 pro cent. without consideration of time, but within so many daies after the voyage ended. Difference be­tween interest money and Bottommarie. This Money is called Pecunia traiectitia, because that vpon the lenders danger and aduenture it is carried beyond or ouer the seas: so that if the ship perish, or that all be spoyled, the lender doth lose the money. But on the contrarie, money letten at interest is deliuered on the perill of the borrower; so that the profit of this is meerely the price of the simple loane, called Vsura: Locatio, or hire but the profit of the other is a reward for the danger and aduenture of the sea, which the lender taketh vpon him during the loane, which is to be vnderstood vntill a certaine day after the voyage ended; therefore if the money miscarrie, either before the voyage begin, or after the terme appointed for the full loane, then the perill pertaineth to the borrower thereof, and not to the lender. I meane of perills proceeding by storme, violence, spoyle, or such like occasions which cannot be eschewed by any diligence of the borrower. Therefore if the borrower employ that mony vpon com­modities, and that the said commodities become forfeited for non­paiment of Custome, the lender shall be cleere of any damage there­by. It is also to be noted, That money lent at maritime interest with­out hazard, but vpon securitie, should pay no profit, otherwise than the money lent at interest, because the securitie is giuen ouer and aboue for the lenders assurance. Againe, suppose it were money not entred in the pursers booke, and yet lent for the need of the compa­nie within the ship during the voyage, if before the day appointed for the payment, ship-wrecke, or spoile happen, then should the losse come in contribution betweene them; because if that money had beene lying by the lender still vnlent, it had beene in common daun­ger with the rest: but if the time appointed were past with the perils [Page 172] aforesaid, then shall the borrower pay that money so borrowed, free from all contribution.

Further in case the borrower detaines any such money lent as aforesaid, beyond the time appointed for the repaying, he shall at his returne not onely pay the profit agreed vpon before the voyage, but also augment the same according to the longer time, and shall pay the profit of that first condition accordingly.

Some Merchants there are, that will deliuer money in nature of Vsura Maritima, ioyning the vse money and danger of the seas, either vpon the ships or goods all in one consideration, and so take 25 or 30 vpon the hundreth, at the returne of such a ship from such a voyage; wherein they haue an eye to the person that taketh vp the money, making account to be better assured by a vigilant eye vpon a Mer­chants trafficke, whom they must trust (if they will make benefit of their moneys) rather than to deliuer their money vnto another of whose dealing they cannot giue so good a iudgement. Combination of interest mo­ney and assu­rance. As for exam­ple, They know that such a Merchant doth deale for Turkie, and that in knowne ships trafficking that way, the deliuerer of money go­eth vnto him and maketh an offer to lend him 1000 ll for a voyage to be made (with Kersies and Tinne) to Tripoli, and that he wil beare the aduenture of that money during all the voyage, which he know­eth is commonly performed within the yeare: for (saieth he) you know that I am an Assuror, and you do vse to assure your goods, and to increase your trade you take vp moneys at vse of others in smal­ler summes; it may therefore be verie commodious for vs both to include the price of assurance, and the vse money together, and so with the returne you shall be prouided to pay me againe, if God do prosper the ship and make homewards speedily, if not, I can demand nothing of you, and must be contented to beare the losse with pati­ence. Hereupon a contract is made, ten in the hundreth is accounted for the vse money, Contract of interest and as­surance iointly and tenne in the hundreth for the aduenture of the goods outwards, and another ten in the hundreth for the aduenture of the returne homewards: in conclusion, there is 30 pro Ceinto; So that vpon the returne of the said ship he is to haue 1300 ll within such a time as they commonly agree, be it one or two moneths after. This is a good bargaine for the lender, howsoeuer the borrower of the money may speed; for the lender hath not to do with the sale of the goods, nor with the returne of them: but he will be sure that (at the returne of the ship) he may haue his money payed him, not onely by the prouenue of the Kersies and Tinne which was bought with the thousand pounds he lent, but also with the returne of all other goods which the borrower did lade more in the said ship for Tripoli, as aforesaid, and in like manner for other places.

CHAP. XXXII. Of Shipping and Nauigation.

VNder the name Nauis is all kind of shipping vn­derstood, and Nauigium is a generall word many times vsed for Nauigation. So that it is not of any moment to describe the diuersitie of ships, as Carracks, Galleons, Galeasses, Galleys, Cen­taureis, ships of Warre, Flyboats, Busses, and all other kind of ships and vessells: But that we may vnderstand the sea lawes and customes obserued therein, apper­taining to the law Merchant, as also those things which properly may concerne ships, as followeth.

All ships being made for failing, are to be prepared accordingly, both for goodnesse and sit timber, and conuenient building; as for the placing of the Rudder of the ship vpon the right paralell of the keele of the ship, The Paralell of Equalities. for therein consisteth a maine point for swift sayling, which is found to be a great defect in many ships partly new built and repaired: for new timber and old, mixt together, doth neuer in­dure long, especially if the ship be not repaired in time before she be much decayed, which often commeth to passe, when the owners of it cannot agree therein. The law therefore is commendable, That if the most part of the owners, or those that haue the greatest interest and part therein, cause the same to be repaired, that he who proui­deth not his money for his part within foure months after, shall lose his part to the other owners, if he refuse to be conformable with the rest, or with his partner in the said ship, who did disburse the same; and moreouer he is to pay the consideration of the money also, for the time that the same was laied out.

Some make a question, Whether a ship so amended & repaired shal be taken to be the same? But it is cleere, that so long as the keele of the ship remaineth, it is still the same ship, and not to be called ano­ther ship; so is it alwaies belonging vnto the owners of the ship, al­though they had fabricated & amended the same with another mans timber: for the selling of a ship is not a sufficient course to alienate the same; but the quiet possession thereof must be deliuered vpon the sale made. And although the sale be made, and the possession of a ship deliuered, if neuerthelesse it afterwards shall appeare that [Page 174] some haue committed piracie with the same, the party who lost his goods, may lay an action to the ship in place conuenient. Hence the prouerbe ariseth, A ship which cannot drinke of all waters. That such a ship cannot drinke of all waters. Albeit this law is not generall, no more than a ship driuen by tempest into a Harbour or Port, is subiect to pay custome there; albeit some de­maund the same, although no bulke be broken, which seemeth to be vnreasonable. A contract therefore taketh his strength from the par­ties contracting, and the place where it is made, according to the cu­stomes thereof. It is therefore also dangerous to fraight vnknowne ships, which may be subiect to other mens actions, and that in many places, where wind and weather may command them to enter; for ships are properly reputed amongst moueables, Quia non sunt im­mobilia.

Of ship­wrights.Here the ship-wrights or builders of ships are an especiall sort of persons to be considered and respected, called by the Grecians Nau­pegi, who are subiect to the iurisdiction of the Admiraltie, and to render an account of their skill and knowledge in the building of ships to make the frame thereof comely and strong, tith and durable, or else pay the penaltie to be imposed vpon them for all costs and damages: therefore they are to prouide good materialls, and refuse to take bad stuffe, as Aller, Beech trees, and such like spungie timber for salt water; whereunto Merchants must haue a speciall regard, and looke that no greene timber be put in the worke, but such good Oake as hath beene cut downe either at the wane of the Moone, and in the deepe of Winter, or at such times as experience proueth wood to be most sollid and durable: for being cut in other seasons and dri­ed vp, it becommeth open to receiue the water, and consequently the aire, which is the cause of putrefaction in all things vegitable.

Concerning yron, they are also to haue a care it be not brittle, and that all be performed with great care. Shipping being the walls of the kingdome of England: and ship-wrights are forbidden vnder paine of treason to communicate or make their art knowne vnto ene­mies or barbarous people.

Nauigation dangerous.From shipping let vs come to Nauigation: of the necessarinesse whereof no man euer doubted, and whose perills are alwaies emi­nent; insomuch that Anacarsis said, That trauellers on the seas were no further from death, than so many ynches as the timber of the ship was thicke or broad, according to the saying of the Satyre, Digitis à morte remotis quatuor aut septem, si sit latissima t [...]da: Whom Bias the Phylosopher would neither reckon amongst the liuing, nor those that had life infused. And he was esteemed to commit a great error, that would bring any goods by sea, which he might transferre by land; whereof more hereafter.

No man can be prohibited to saile on the maine sea, albeit in some places (where the waters are as royalties vnto them) it be pro­hibited, as the Venetians do in the Adriaticke lake, and other Princes and Common-weales in their iurisdictions and commands, which [Page 175] hath beene obserued time out of mind, and is taken for a most anci­ent prescription.

If a ship bound for Venice, doe enter into the Riuer of Lixborne and there deliuer some goods or merchandises, and afterwardes en­tring into the Straights of the Mediterranian Sea, be driuen by con­trarie windes to some other place or Island in the said Seas, and then make after that his discharge at Venice: Sayling from Port to Port. all this time of the voy­age is but one Nauigation, and the Master of the ship hath commit­ted no fault, and done his endeuour if hee did depart from his first Port at the appointed time, by the Charterpartie limited. But for as much that wee haue alreadie intreated of his duties to the Mer­chant: let vs in the next Chapters remember Nauigation, with the communitie of the Seas, and now make an abridgement of the Im­periall Sea-lawes of the Haunce Townes.

CHAP. XXXIII. An abridgement of the Imperiall Sea-lawes of the Haunce Townes, made in the yeare 1614.

HAuing alreadie in the precedent Chapters, declared the Sea-lawes generally obserued in all Countries, and that in compendious manner: I haue thought good neuerthelesse to abridge in this place the Im­periall Sea-lawes of the Haunce Townes, as they haue beene reuiewed and exactly set downe by the Magistrates of all these Haunce Townes, at an assembly in the fa­mous Citie of Lubecke the 23 day of May 1614, vnder 15 Titles in seuerall Articles, as in the margine is declared.

No man shall set forth or cause any ships to bee builded in any of our said Townes, vnlesse hee bee a Citizen, Of the buil­ding of ships. or haue obtained leaue of the Magistrate.

No Master of a ship, shall vndertake to build a ship in their parteners absence, vnlesse he doe it at his owne charges, and be able to set her forth alone, vpon paine of halfe a Doller for euery Last, to bee payed, the one halfe to the Magistrate, and the other halfe to the poore.

The Master of a ship is to conferre with his parteners, and to con­clude of what burthen the ship shall be built, and in what manner, to be done all in writing, and if it bee found bigger, to pay two Dollers for euery Last, &c.

[Page 176]The Master hath no power to enlarge the building of a ship after she bee at Sea, vnlesse it be vpon great necessitie to aduance the voy­age, and for her safegard, otherwise all the charges of it shall bee his owne.

The Owners, Parteners, or the Masters of ships, shal haue no power (during the building of the ship) to giue away any of the materialls or victualls of the ship (but to bring the same to account) vnlesse all of them doe agree thereunto, otherwise they are not to be payed for.

That with their generall consent, some two or more persons bee appointed to buy all which shall bee requisite to the building of the ship and prouision, and they to deliuer an exact account of it by par­ticulars, &c.

Of the owners or parteners of ships, and Masters.The Master of a ship, which hath beene formerly for others at the Seas, shall not bee imployed by others, vnlesse hee produce a testi­moniall that he is discharged from the Owners in decent manner, vp­on paine of fortie Dollers.

A Master being entertained, is forthwith to bee assured by the Owners of his wages, whereby hee may bee able to deale with his Mariners. And the said Owners are to doe their indeuour to make good, on their parts, what shall be necessarie for the voyage.

All Owners are to cause good accounts to be kept, and to deliuer vpon the finishing of them, publike writings and testimonialls of the Masters good behauiour, and discharge of his vndertaking, vpon paine, &c.

If the Owners of a ship cannot agree with the Master, as is fitting, they may by generall consent make choice of another, and pay the said Master his wages, and discharge him: and if hee haue any part in the said ship, they are to pay him for the same according to iust appraisement.

Of the Masters office.Euery Master of a ship is to haue knowledge of the Compasse, and to be able to gouerne and direct the same, and to hire his Mari­ners accordingly, or in default thereof to bee punished for his pre­sumption and vndertaking.

To prouide Mariners of experience, and that the ship be not ouer­laden, nor too light laden, but haue his due ballast, and to haue his Ca­bin and ouerlop cleare.

That hee bee on shipboord euery night, and vpon speciall occasi­ons being absent, hee may leaue his Mate and other that may supply his place.

That they doe not too much meddle with merchandise or trade, whereby they shall bee hindered in the due care of the charge of the ship.

The Master is duely to pay the Mariners wages, without any abate­ment, vnlesse it be for monyes lent them before, or cause to pay any thing to the Owners.

The wages due vnto Mariners for places neere at hand, are to be payed but by two payments, but for remote and long voyages in [Page 177] three payments; one at the departure, another vpon the vnlading of the goods, and the third vpon the ending of the voyage, by equall portions in third.

If a Masters vpon some reasonable occasion wil discharge his Pilot either vpon the vnlading or relading, he is to pay him full wages.

If Mariners be vnruly and giue occasion to hinder the voyage any way, by their misbehauiour to be prooued by two other Mariners, the Master may set them on land, or cause them to be punished accor­ding to their demerite.

If Mariners will not testifie of their fellowes misbehauiours, the Master vpon his oath shall be beleeued, and the Mariner to be punish­ed accordingly.

If a Master doe conceale the offences of Mariners, hee shall for­feit and pay fiftie Dollers, halfe to the Magistrate, and halfe to the poore.

If a Mariner should kill another, the Master is to keepe him in Yrons, vntill hee bring him vnto the first judicature to bee iudged, &c.

If a Pirat or Theefe shall come aboord, and the Mariners are willing to defend the same, and yet the Master will not fight: this Master shall neuer bee put in trust any more, nor haue credit as an honest man, nor bee suffered to dwell in any of the Haunce Townes.

If a Master be put in trust to bring ouer Pearles, Precious Stones, or Money, which are wares of no volume to pay fraight, but a consi­deration; the Master is to haue the fourth part of it, and the other three parts are to be the Owners.

If a Master, being part Owner, wil sell his part, or cause his Owners to pay deare for it: the said part is to bee valued by indifferent per­sons, and the Owners or some of them are to pay accordingly.

If a Master without cause will saile in another Hauen than hee is fraighted, and losse doe happen, hee shall answere the same of his owne meanes.

If a Master shall sell the ship, and the Merchants goods, and runne away, hee shall not remaine in any of the Haunce Townes, and shall bee pursued to answere for the same to the vttermost by all meanes.

If by contrary wind and weather being entred into another Har­bour, the Merchant doe sell his goods, the Master is to haue his full fraight, or to goe the voyage.

If a Master find himselfe in places, where neither himselfe nor his Pilot is acquaited, and may haue Pilots, but will not vse them, hee is to pay one marke of Gold for his punishment.

If a Master haue his lading in Corne, which becommeth hot, hee is to coole the same in conuenient manner, if wind and weather doe not hinder him: and the Mariners are to haue two shillings lups for euery Last for doing of it.

[Page 178] Of the hiring of Mariners.No Master shall henceforth take any Mariners to hire, without they haue a pasport of their last seruice, vpon paine of two Dollers, which pasports euery Master is to giue, and shall bee printed with Blankes for the names.

None shall hire another Mariner by intisements of words, or by giuing greater wages, but take them of course, vpon paine of tenne Dollers, &c. And if the Mariner take his owne leaue, the Master may claime halfe the wages which another shall giue him.

The Mariners shall keepe their promise of fidelitie to the Ma­ster, and be of good behauiour, and quietly liue together vpon paine as followeth.

If any one doe put himselfe forth to bee a Pilot, Boteswaine, or any other officer, and shall be found insufficient by two credible ho­nest men, or be prooued by his company, they shall not onely lose their wages, but also be punished according to the fact.

If a Mariner be entertained, and at the Masters charges, and be­fore the voyage, the Master take dislike of him, hee may discharge him, giuing one third of his wages, but it shall bee of the Masters purse, and not for the Owners to beare any part thereof.

When the Master hath entertained the Mariners at the ship ex­pences, the Mariners are to make their lodging on boord, and to content themselues with it.

When the ship is come to some Port, or arriued at the place, the said Mariners are not without the Masters leaue to goe on shoare, vp­on paine to be imprisoned, and further to bee punished as cause shall require.

The Mariners shall haue no guests on boord without the Masters consent.

No Mariner shall haue his wife on boord in the night, vpon paine of a Doller if he doe offend.

No Mariner is to discharge any Ordnance, or shoot without the Masters commandement, vpon paine to pay double for the powder and shot.

All Mariners shall both at Sea and in the Harbour, keep true watch night and day, according to the Masters appointment, vpon paine of halfe a Doller to bee abated of his hire, and by default to bee punished, &c.

Whosoeuer be found to sleepe vpon the watch, shall forfeit eight shillings lups, and he that findeth him sleeping and conceales it, shall pay the like.

No Boteswaine shall loose a Cable, without the Masters or Pilots commandement.

When a ship is detained by wind and weather in any strange place, no Mariner shall depart or goe on shoare without the Masters leaue, vpon paine to lose halfe wages, the halfe of it to the Master, and halfe to the poore.

Neither shall the Mariners goe on shoare, when the ship is at [Page 179] Anchor, without the masters leaue, vpon paine of halfe a Doller.

If any mariner go on land without leaue, and become wounded, the master is not to looke to see him healed.

If a Boteswaine being absent, be the cause of some great harme or losse, he shall answere for it: and if he haue no means, he shall be then imprisoned one whole yeare with bread and water: and if by his de­fault the ship perish, or some bodie be slaine, he shall answere for it with his life, or be punished according to his offence.

When the master with some of his mariners goeth on land, the mariners are to attend in the boat for him, or to follow his order; and if any remaine all night on shoare, he shall lose his portage, and be punished.

When a master hath hired his companie for a certaine place, and he hath afterwards aduice of his Owners or Partners, that more pro­fit is to bee made in another place: the mariners are to be content therewith, and to take content for their wages; wherein if they can­not well agree, then the most antient are to conclude, or other indif­ferent persons: and if any mariner be not so contented, and thereup­on quarrelleth, he shall be punished as a mutinous person. The like is to be done in any fraight which might happen, where the master is agreed with, which being performed, then to be determined in like maner for all controuersies, as aforesaid.

When a master hath maintained (at his expences) the mariners in the Winter season, they shall not seeke to haue their wages aug­mented.

If a ship be detained by some Prince or Potentate, or sent on a voyage, the mariners are to serue neuerthelesse; and if any run away, they are seuerely to be punished: and hauing serued, the difference also to be ended with indifferent proceeding, as aforesaid.

If mariners will go away vpon ending of halfe the voyage, the master may demand all their whole wages.

If any mariner officer (hauing receiued halfe wages) runne away, he is to be pursued, & burnt in the face with some letter for a marke.

If any mariner do commit any outrage to the master, he is to be seuerely punished according to the offence. And if they combine or conspire against the master, whereby he may be driuen into some other harbour, or receiue great detriment to the ship and goods, all is to be punished both by wages, life, and goods accordingly.

If the ship become assailed by Pirats or Frybuters, the mariners are to defend the same, and to assist the master: and if they be found partakers in the taking of the ship, they are to be beheaded for it.

If a ship be in danger at sea by tempest or stormes, the mariners are to do their vttermost endeauours to helpe the master to saue the ship and goods; and if cast away, to helpe to saue the furniture thereof, as also the goods and merchandises, and of them to haue some recom­pence for the sauing; and by default, to be punished by all meanes whatsoeuer.

[Page 180]When a ship is to be prepared or set forth, it must be done with a free and good will, and that all things may be bought at the best hand; wherein one or more persons may be imployed with the Master, taking care to bestow all things in some conuenient place, with the consent of the Owners: that the flesh be wel salted and pre­serued, and all other victuals prouided to be shipped at the appointed time, all with good order and direction.

But when a Master of a ship doth victuall in some other countrie where he hath no Owners, he must alwaies buy all things as good as he can, and thereof keepe a true and iust account, wherein (if he be found to haue dealt fraudulently) he is to be punished for a theefe.

Therefore to prepare all things whereby a voyage may be sooner accomplished, the Magistrates are to take care as well as the Owners to further the same; so that the Merchant or the fraighter of the ship making the goods readie to be laden, may find the ship readie at the appointed time agreed vpon, vpon forfeiture of the whole fraight.

No Master of a ship shall for himselfe alone, or his Owners, deale or lade any merchandise and goods in the ship, without the know­ledge of the fraighter of the ship, but do all things orderly.

And whereas it may happen, that in the preparing of a ship, some of the Owners may not agree to the same; most voices shal ouer-rule the same, as the manner is in all sea-lawes, and then money may be taken vpon the ship for his part, by Bottommarie, called Faenus nau­ticum.

Of Bottom­marie.The Master of a ship hath no power to take vp money by Bottom­marie in places where his owner or owners dwell, vnlesse it were for so much only as his part commeth vnto in the said ship, otherwise his owne goods, and not the ship is to answere the same.

But when a Master is out of his countrie, and where he hath no Owners, nor any goods of theirs, nor of his owne, and cannot finde means to take vp by exchange, or otherwise, and that for want of mo­ney the voyage might be ouerthrown; then may he take mony vpon Bottommarie, and all the Owners are liable thereunto, otherwise he shall beare the losse.

Of Admiralty.When ships do enter into Admiraltie one with another, whosoeuer breaketh the Admiraltie is bound to answer the damage which shall happen thereby: If he haue it not in money, he shall make satisfacti­on by all other meanes.

If a ship at sea be in daunger, so as goods must be throwne ouer­boord, Of goods cast, or Aueridge. these cast goods are to be answered by ship and goods, as an Aueridge, wherein the Owners and goods on boord pay all pro rata.

If a Master cut his Masts or Sailes by stormie weather, the Mer­chant is to beare part of the losse; but not if the Mast do breake, or the Sailes be blowne ouer-boord.

The rating of the goods lost, and to be cast into an Aueridge, is to be reckoned vpon the ship, as the same may be valued to be worth, and that for so much as he must take the same, if the Merchants will [Page 181] suffer it, and the like to be done in the appraisement of goods, and the ships fraight.

When Merchants goods are taken at the seas, some of one man, some of another mans; euerie one is to beare his owne losse, vnlesse it were otherwise agreed before the setting forth of the ship.

If a ship breake on the seas, or be cast away, Of shipwreck, and goods found at the seas. wherby it cannot make his voyage, then there is but halfe fraight due for the goods saued.

When a ship receiueth damage vpon the sea, by the Maisters neg­ligence, and bringeth neuerthelesse the Merchants goods home, the Master is to haue his full fraight: but for the goods which he brin­geth not, there is no fraight due; and if any be damnified, he is to make good the damage.

If any man find any ship-wrecke goods vpon the coast, or in the seas, driuing neere the ship, and fisheth vp the same, he is to answere the same to the next Magistrate, or iurisdiction thereunto adioyning, be it towne or countrie, and the finder shall haue for his labour and paines the twentieth part. But if it be stolne goods vpon the seas, then he is to haue ¼ part.

When there is shipwrecke apparant to be on the seas, the Master is to see the persons to be landed first, then to saue the goods, tackle, ap­parrel and all the furniture; and of that which is saued, consideration for it is to be made by the arbitrement of honest men.

If so much be saued of the ships furniture as the fraight commeth vnto, then are full wages to be paied to the Mariners.

When two ships at sea cannot shunne one another, and both su­staine damage, vpon proofe made by oath not to be wilfully done, Of other da­mages at the seas. it is ended.

If a ship vnder saile do run vpon another ship at anchor, and sinke the same, or commit other damage, the partie offending shall 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.

[Page 182] 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 [Page 183] 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 [Page 184] 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 [Page 185] 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 Common­weale 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 [Page 186] 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 the Sea is adioyning, and in proprietie to bee esteemed accordingly, taking their names of the Countries and Kingdomes adiacent, or of their scituation; as Mare Britannicum, Mare Germanicum, Mare Hibernicum, and for scituation, Mare Mediter­raneum, obserued by Cosmographers, Historiographers, and Mathe­maticians: this is performed with the helpe of the Compasse, coun­ting of courses, soundings, colour of the grauell or sands, and other wayes to designe Finitum ab' i [...]finito: By the Ciuile Law. so farre as is expedient for the certaine reach and bounds of Seas, properly apppertaining to any Prince or people; wherein the Doctors of the Ciuile Law haue re­corded excellent obseruations. By the Law of Nation and Customes. Baldus saith, Vidimus de iure gentium, in Mare esse Regna distincta, sicut in terra Auda.

Ad legem 1. de ter. diuisione. In §. nullius in tratt, de i [...] ­sula. Bartolas doth in his opinion allow for princes and people at the sea-side Centum mitliaria, which is one hundreth leagues of sea from their coast, if they extend their protection so farre, called by them Districtus maris & territorium, which is most plaine in those seas where the Isles of Garnesey and Iarnesey are so sensible and visible to the realme of England, Visible Markes of Dominion. or where there are such rockes or eminent marks [Page 187] as the Washes at the West seas thereof; to which purpose Paulus a renowmed Ciuilian saieth, That it is not needfull for him who would possesse himselfe of any land, to go about, and tread ouer the same; but it is sufficient to enter in vpon any part thereof, with a mind to possesse all the rest thereof, euen to the due marches, to be made ap­parant by the instruments of Geometricians. And the like may be designed vpon the seas, notwithstanding the soliditie of the one, and the continuall flowing too and fro of the other.

This distinction of dominion hauing continued so many hundreth yeares, needeth not to be corroborated with other proofe and argu­ments: yet let vs note obiter, That if the same were not distinguished as aforesaid, Cases of ciuile Law, or Admi­raltie. one borne vpon the seas should haue no countrie or na­tion to appeale vnto, and a man dying intestate vpon the seas, should minister occasion of question to know who should administer his goods; and making of a Will, how the same should be proued and executed by law, without approbation of some Court or Iurisdicti­on: whereas we find many Admiralls of the seas, and their seuerall iurisdictions vpon the seas, as deputies to their Princes or States, who are alwaies absolute Commanders in their precincts, according to the treaties and contracts made betweene Princes which are in the nature of lawes, and inseperable of the said Princes right on the land, concerning the possession of their Kingdomes or Common­weales, as the fundamentall cause of their dominion, wherein dis­continuance (of any part of their right) cannot be pleaded against them. The Kings of England neuerthelesse haue beene prouident and carefull herein: for Historiographers haue recorded, That King Edgar (one of the Saxon Kings long before the Conquest) made a sur­uay yearely of the foure great seas, Mathew of Westm. and stiled himselfe lord there­of euen vntill Norway, Ranulph Cestri­ensis. and his progresse was most towards the North. It is also affirmed, Anno 973. That the said King Edgar caused an in­scription to be made vpon his Tombe for a monument, calling him­selfe Dominus quatuor Marea: and as Papinian the Iurisconsult saieth, In finalibus questionibus vete ra monumenta sequenda sunt. Mare Britani­cum. But this for the dominion of the Kings of England ouer their seas, Mare Hiberni­cum. is not need­full. For afterwards William Duke of Normandie, after he had sub­du [...]d the realme of England by conquest, Mare Germa­nicum. caused himselfe not onely to be proclaimed King, Mare Deucali­don. but also that all the goods of the subiects were his, and so caused the land to be diuided, and yet was conten­ted to change the title of a Monarchie by conquest into a Monarchie Royall, and was also Lord of the said foure seas, Io Bodinus de Resp. by the former as­sumpsit, which had then continued 200 yeares; and his progresse by sea was most Westward. For when Princes or Kings do stile them­selues by proclamation, then the continuance thereof (without op­position of other princes) is holden and obserued as inuiolable and permanent.

Now King Henrie the second succeeding William the Conqueror, Graftons Chronicle. within one hundreth yeares, did ioine Ireland to the crowne of Eng­land, [Page 188] and did reduce Normandie and other places in France to the crowne, taking (as it were) a new possession of the said seas: and Henrie the first euerie yeare, or within three yeares at the furthest, crossed ouer into Normandie, hauing taken Robert Duke of Norman­die prisoner.

In the time of King Edward the third, Chro. Malmes­bu [...]e. there was a disputation held with France, concerning the fishing of the seas about Brittaine: in which it was proued to belong to England, Ioh. Hayward. and thereupon Fraunce disclaimed therein, By ancient re­cords and Treaties &c. as appeareth by the said King Edward the third his Proclamation yet extant. Which arguments and contracts are as a law effectuall. And here I must remember the singular care which the right reuerend father in God doctor Abbot (now Archbishop of Canturburie, A rare booke remoining with the Arch­bishop of Can­turburie. and Metropolitane of England) hath had, in procuring (at his great charges for the good of our posteritie) an excellent great Volume or Manuscript which was heretofore taken at Calice in France when the Spaniards tooke the same, Anno 1596, and caried to Bruxels in the Low-countries, whereof I haue had the perusall, and made an Abstract of the Chapters of the same, viz. The Trea­tie of Peace betweene Edward the third, king of England, and Iohn king of France, for themselues and their eldest sonnes, namely Ed­ward the Blacke Prince of Wales, and Charles Duke of Normandie Regent; the French King his father being prisoner to the said King Edward: which Treatie was made the eight of May 1360, in Brita­nie neere Chartres, and confirmed at Calice; whereupon sixteene Hostages were giuen to the King of England, by the French King, who was to come thither in person, and to pay three millions of crownes for his ransome, of two crownes to bee reckoned for an English noble, called in King Henrie the eight his time Angell noble, being some 750000 [...] sterling. The ransome o' King Iohn of France. The ship whereof vpon the one side, did signifie the dominion of the seas; whereunto old Chaucer the Poet did allude in Henrie the fifth his time. This money was to be paied, to weet, six hundreth thousand crownes at Calice, within 4 months after King Iohns arriuall there, more foure hundreth thou­sand crownes within the yeare, and so much yearely vntill the full paiment made within the citie of London, being the kings Chamber.

After this follow the particular Letters for the deliuerie of seue­rall countries and townes, as Caours, Carsin, Monstreull, Calice, Rochell, Turaine, Poitiers, Poitou, Xantes, Xantogne, Dagonois, Perigot, and diuers others, besides many Letters concerning the French Kings libertie, and his Hostages, and of the homage to be made by the Earles and Barons to the King of England (who remai­neth with the title of Soueraignetie and Domayne) besides many other memorable things; so that all matters concerning the seas and land were established for those seas: and King E [...]ward tooke sixe pence a tunne for fishing ships. King Henrie the fifth who did con­quere all France, and had the possession of Mare Britanicum, lost no­thing of his right; no more did Henrie the sixth, and King Henrie [Page 189] the seuenth, as may appeare by their Proclamations, Treaties, Chro Holl [...]ng­shed. and Contracts not onely with the French, but with the Archdukes of Burgondie, as by Guicchardins Chronicle, Chr. Froiszart. Guicc [...]ar [...]in and the said Treatise. or Historicall description of the Low-countries appeareth. And as Docter Dee in his booke of Nauigation affirmeth, King Henrie the seuenth in consideration of the fishing trade, properly belonging vnto England (in his seas and do­minions) had resolued to settle a trade thereupon, which he prefer­red aboue all voyages; for in those daies, there was no fishing trade established in the Low-countries. By original antiquitie. And it is not yet one hundreth yeares compleate, that one Violet, Stephens, and other discontented Fishmongers departed the realme of England, and went into Holland to the towne of Enckhusen, where they procured the inhabitants to fish for them, in his Maiesties of great Brittaine seas, streames, and dominions: which inhabitants (vpon the decease of the said English­men Fishmongers) tooke the whole trade to themselues, dispersing the same into many other townes, whereby the same is admirably increased. Queene Marie being maried with King Philip the second of Spaine (vnder whom all the seuenteene Low Prouinces were vni­ted) granted a lease vnto the said King for the fishing of his subiects in the North parts of Ireland, for one and twentie yeares, for a cer­taine fine, and paying one thousand pound yearely into the Treasurie of Ireland, and Edward Fitton knight then Treasurer. And the Com­panie of the old Haunce in primo of the said Queene Marie had also libertie to sish within the said seas, vpon certaine conditions, as ap­peareth in the Chappell of the Rolls of the Chancerie. And for Eng­land Northwards, licences were giuen at Scarborough Castle.

To this distinction of dominion of the Seas, Inuention of the Porteullis. I call to memorie the proceedings of that victorious King Henry the eight, who during the time that Calice was vnder the Crowne of England (as it hath beene full 211 yeares) vsed the inuention of the signe of the Portcullis; signifying the power of locking vp of the narrow Seas betweene Douer and Calice, which was thought conuenient to bee vsed vpon the coyne made for the East-Indies, at the beginning of that trade, being peeces of the value of eight Royalls of Spaine, whereof there was coyned in the Tower of London for a triall (in Ianuarie 1600) some six thousand pounds, which could not be made currant there, because the Spanish peeces of eight Royalls, had beene before that time counterfeited by other nations, which made the East-Indians to doubt of our coyne, although without cause. This noble King Henrie (hauing procured the Emperor Charles the fifth to meet with the French King) went ouer in person with a great power to besiege the towne of Bulloigne in France, and when he saw that the Empe­rors Tent or Pauillion was made with the two pillars of Hercules, and the inscription Plus vltra: and likewise the French Kings Tent with the three Flower deluces, and the title of Primus Christianorum Rex, He caused an Archer to be made vpon his Pauillion with Bow and Arrowes, and his inscription was Cui adherio praeest, declaring [Page 190] thereby his present strength whereby hee did qualifie those warres, and peace was made between the Emperor and the said French King, it being true that the state of a Prince doth as much consist by reputa­tion, as by strength.

Our Soueraigne Lord King Iames, hath also beene mindfull of his right of distinct dominion; for the great blessings which almightie God hath allotted to the Kingdomes of Great Brittaine, Ireland, and the Isles adiacent vnder his Maiesties Dominions, is so visible to all the world, as that thereby they are rauished with admiration. For albeit that the earthly blessings are produced in seasonable times: yet the blessings of the Seas are directed and pointed at by the finger of God at infallible seasons, causing those watrie creatures to offer themselues for our sustenance, and for the generall good of all crea­tures in places certaine, within his Maiesties Seas, Streames and Do­minions, and not into the maine where fishing cannot bee effected. Whereupon his Maiestie before his comming into England, did let the fishing of Scotland to the Hollanders for fifteene yeares, it being agreed by more ancient Treaties betweene them, that the fishing then agreed vpon should be eightie miles from the Coast, to the end the Scoles of Herrings should not bee interrupted. His Maiestie in the fourth yeare of his Raigne of Great Brittaine, made a Graunt to one Collyns of Couentrie for twentie one yeres for the fishing in some parts of Ireland: Graunts made for fishing. and the like Graunts haue beene made for the Isles of Garnesey and Iarnesey, according to the Common Law of Eng­land, By the Com­mon Law. which (in this point concerning his Maiesties right of domini­on) is very copious, the handling whereof I leaue to the learned and judicious of the said Law.

In the seuenth yeare of his Maiesties said raigne, his Highnesse caused a Proclamation to be made, concerning his Dominion of fish­ing, which being compendious and substantiall, I thought conuenient here to be inserted Verbatim.

By this Proclamation, is his Maiesties Right and Dominion of the Seas, expressed in two words, by Lineall and Lawfull possession of an [Page 192] hereditarie Kingdome or Kingdomes, whereunto those Seas are ioy­ned and appertaining.

It is not a Dominion obtained by an electiue Kingdome, as Po­land, Hungarie, and others; neither is it had by any first discouerie, wherein the Pope must be a mediatour, as Alexander the sixth was between the King of Castile and Portugal, vpon the discouery of the East and West-Indies, by drawing a line vpon the Globe from the Island of the Canaries, to make the diuision betweene them: Nei­ther is it like to the Whale fishing in Greeneland, where some vpon their discouerie tooke neither possession, much lesse had any occupa­tion, which maketh the stronger right: Neither is it by gift or pur­chase, as some Italian Princes in the Mediterranean Seas, which doe neuerthelesse inioy both freedome and benefit thereby; but it is vn­doubted and indisputable as aforesaid.

To conclude this Argument, The best mark of distinct do­minions vpon the Seas. the distinct dominion of a bordering Prince vpon the Seas, is best seene by the Tribute or Taxe which hee taketh vpon fishing ships, whereof we haue many presidents.

In Russia many leagues from the Maine, Fishermen doe pay great taxes to the Emperour of Russia, and in most places none but his sub­iects are permitted to fish, and the Hollanders doe giue him the tenth fish.

The King of Denmarke taketh great tribute, both at Wardhouse and the Sound.

The Kings of Sweathen haue done the like, which is now conti­nued by the King of Denmarke, for Norway. The Duke of Medina Sidonia taketh for Tunyne.

King Edward the third of England, tooke six pence for euery Tun in his time, which by inhauncing of the money is now 18 pence.

All the bordering Princes of Italy, doe take tribute of the fish taken within the Mediterranean Seas, for their seuerall Territories.

In Lappia, Fishermen doe pay monyes in the Sound for passage to fetch it, ouer and aboue the tenth fish.

The Earle of Orkney taketh the tenth fish, for the Isles of Orcades vnder his iurisdiction: as the Fishermen doe to the Lords of the Ma­nors in the West parts of England, for Pilchards, Hake and Conger.

The States of the vnited Low Countries, doe take an Imposition vpon fish taken within the Seas and Streames of other Princes, as also neere their Coast, and their subiects trafficking with the Russians, as Haunce Noblett, Haunce Van stracle, Robert Englegraue and others, do con­tinually pay the tenth fish vnto the Emperour of Russia.

All which is requisite for Merchants to know, to preuent troubles or losses, for the pretence of ignorance doth not excuse, as our Mer­chants of Kingstone vpon Hull haue found to their exceeding losse heretofore.

CHAP. XXXVI. Of Customes, Subsidies, and Impositions payed vpon Commodities.

WHereas Customes, Subsidies, Impositions, Toles, Customes vp­on comm [...]di­ties due by the Law of Nati­ons. Accizes, Imposts and other duties, by the ex­emplarie actions of Princes and Common­weales, are due by the Law of Nations; as a matter inherent to their Prerogatiues, because they are absolute Commanders in their Har­bours, Hauens and Ports, where commodities are exported and imported: euery Merchant is bound to take notice thereof and to obserue the same, according to the ordinances and proceedings vsed therein in all countries respectiuely; to auoid the danger of the losse and forfeiture of his commodities, and to make a true calculation how to buy and sell to profit, obseruing how much vpon the hundreth pounds in value of his commodities (rated by the orders of diuers countries) the same amounteth vnto, and to adde the same with the charges vpon commodities, to the price whereat the said commodities were bought, as well in his natiue countrie, as in other countries where hee doth trafficke and trade.

In Russia, Denmarke and Sweathen, Rigorous dea­ling for Cu­stomes. the Custome and Ordinances is; if a Merchant doe not declare all his commodities, which he im­porteth or exporteth, but concealeth some part of them; all the com­modities of that kind, are forfeited to the Prince, and hee shall find but small fauour to redeeme them.

In Spaine, and other Dominions of the King of Spaine, the com­modities concealed, are onely forfeited, vnlesse they bee prohibited and vnlawfull goods.

In England, Scotland, and Ireland is the like, and onely the goods concealed are forfeited, and may be had againe vpon reasonable com­position; for the Statute Law giueth authoritie to the Officer who maketh the seizure, that vpon licence sued forth to compound, hee may doe it safely for his part, which is the one moitie; and for the other moity which is the Kings, Merchants are graciously dealt wich­all, by the Iudges or Barons of the Kings Exchequer, Abuse of fa­uourable dea­lings. or others there­unto authorised: Insomuch that it hath happened that some Mer­chants [Page 194] relying vpon this fauourable dealing, haue aduentured to ex­pose their commodities vnto the forfeiture thereof, being commo­dities which pay much Custome and Imposition: as Cambrickes, Lawnes, Tabacco, Cutcheneale, Venice gold Threed, and other things, because they were (in a manner) assured to make composi­tion vnder the summe which they were to pay for Custome and Im­position.

In France and Germany is the like for concealed commodities, which are not declared in the Custome-house; and Iewels, and pre­cious Stones, and Pearles are freed of Custome. And so was it in England, vntill of late yeares, since the Customes were taken to farme, and yet they pay but three pro cent. of the value of their ap­praisement, Strict orders for Customes at London, &c. to bee rated by the Officers of the Custome-house at London. But if any Merchant or Ieweller bring ouer any Iewells or precious Stones and Pearles, he is to declare them to the Officers or Waiters of the place where hee landeth, otherwise they will bee seized (by water or land) as forfeited to the King; wherein more strict dealing hath beene vsed of late, since the King hath letten to farme his moitie of the Seizures. So that first of all the Custome of concealed goods must be payed, before any composition bee made, next the composition being made, then may the Informer bee a­greed withall. And no commodities can bee deliuered vpon se­curitie to the owner, as formerly by the Law was accustomed to be done; but they must remaine in some sufficient custodie vn­till the matter bee tried by Law, or compounded by agreement. But prohibited commodities (as Allome and other things) by Let­ters Patents and Proclamation, the possession may be had, vpon se­curitie to bee giuen to answere the value thereof, according to the appraisement made of them. And these commodities (if the Ma­ster of the ship doe not declare them, vpon his entrie made in the Cu­stome-house, vpon his oath) are also subiect to the forfeiture, al­though they come consigned vnto a Merchant or Factor vnawares, by another Merchant that knew not that such commodities were prohibited to bee imported. The like is it for a Merchant shipping out vnlawfull wares: but heerein hee may haue intelligence by the Customer, before hee doe lay them vpon the water to bee shipped. Againe, if a Merchant carrie money by water downe to Grauesend, with an intention to bestow the same in Bayes at Sandwich, or in other commodities at Canturburie: hee is first to declare the same in the Searchers Office, or else the money is lost, and three times the va­lue, vpon information. For no money of Gold or Siluer, or any forrein Coyne or Plate brought into the Kingdome, can be transported; only for Passengers expences, some foure or fiue pounds may be carried out. But for commodities brought in, which haue payed Custome, the same may bee shipped out againe by Cocket, without paying any more Custome and Imposition; so it bee done vpon good Cer­tificate, that it is the same commoditie, and that the propertie [Page 195] thereof is not altered; and this must be done within sixe moneths af­ter their importation.

All Merchants ships being laden, Permitted to breake bulke at Tilburie-hope. haue alwaies (time out of mind) beene permitted to breake bulke below, or at Tilburie-Hope, and to pay no Custome, but for the goods they brought vp, or landed in England, and not for the goods which they did transport in the said ship, or in any other vessell or ship: which priuiledge and certaine­tie of Merchants Custome ought to be seriously obserued, better than it hath beene of late. And of this and other obseruations Mer­chants and Factors are to giue notice to their friends and Masters, to the end they do not incur any danger, To enter goods vpon sight. which (to auoid in some sort) is effected by entring the goods vpon sight of the Customers view, by opening of them.

In Barbarie and other places, where the Customes are paied in kind or Species, if any part bee concealed and not entered, that onely will be forfeited; and yet the losse is greater, because they will make choice of the best: as for example, Suppose a Mer­chant doth enter diuers sorts of Linnen-cloth, and concealeth some pieces, the Officers will take both the tenth piece for the Custome, and all the concealed pieces of the best and finest sorts, to your ex­ceeding great losse.

In the Low-countries and Germanie, as also in most places of Italie and Turkie, you shall onely forfeit the goods concealed, and bee permitted to compound for them as you can agree, wherein the circumstances in some places will be considered, and the manner how the error grew, or whether it were done with a set purpose.

There are also in diuerse places allowances made (as in England) vpon Wines in regarde of lecage of tenne or fifteene vpon the hun­dreth, or else all the Buts and Pipes are to be filled vp, Allowances made vpon Customes and Impositions. and so to pay accordingly; wherein the time of the voyage, foule weather, and other accidents are to be considered, to make your composition thereafter.

Vpon Clothes to be shipped out, Allowance vp­on Clothes. there is allowance made of the tenth Cloth for a wrapper, which payeth no Custome: and so of all other woollen Commodities, which pay after the rate; as three Northeren Kersies for a Cloth, foure Deuonshire Ker­sies, two single Dozens, one double Dozen, six Cardinals, Pin­whites, Statutes, Stockbridges, Straites, and Tauistockes, foure Cornish Dozens, Pennystones vnfriezed, Island Dozens, and Northeren Plaines for one Cloth; two Bridgewaters, Cornish and Deuonshire double Dozens, Florentines, Northren Dozens single, and pennystones for a Cloth, to be vnderstood for a short Cloth coloured or white of twentie and foure yards long, waigh­ing 60 ll vntill 64 ll, whereof English Custome was a Noble, and the Merchant Straunger thirteene shillings and foure pence, whereunto is added the auncient Custome heretofore paied by the Merchants of the Steele-yard or Haunce-townes being 14 pence, so [Page 196] together 14 ss 6 d a Cloth, besides the ouerlength of 3 d ¼ the yard; The pretermit­ted Custome of Cloth. which is of late comprised in the new Imposition of the pretermitted Custome for waighing of Clothes, at two pence the pound, so that a short Cloth paied in times past a noble, and now tenne shillings, besides the ouer-length, according to the weight, after the said rate of two pence for the pound: all which the Mer­chant stranger payeth double.

Also whereas of late yeares, since the Customes were letten to farme, all Commodities, as Sugars, Spices, Raisons of the sunne, and others are weighed, and thereupon the Tarra for the Caske or Chest is to bee allowed, Allowance for Tarra or Cask. and so the Custome is payed. There ought good allowance to be made for the said Tarra, because ma­ny commodities being vnladed, and hauing taken the moisture of the seas, increaseth the weight of their Caske; so that Merchants pay many times Custome for that which they haue not, by the strict dealing of Officers contrarie to equitie and justice, if they doe not warily looke to their affaires, wherein the Officers may also be excused.

Now to conclude touching Customes, we must consider what they may amount vnto vpon the hundreth: according to which, Merchants are to cast vp their accounts for benefit and losse, as aforesaid.

Custome.The Custome in England (called Parva Custuma) was three pence vpon euerie pound, that the commodities are rated in the Custome Booke, which is paid by Merchants strangers, now altered paying 6 d.

Subsidie.The Subsidie or Poundage is payed by all Merchants of what na­tion so euer, which is 12 d vpon all commodities brought in. And for Cloth exported 6 ss 8 d for English Merchants, and Merchants strangers double.

Imposition.The new Imposition established in the yeare 1608 is also 12 d vpon all commodities imported, and vpon some commodities ex­ported is limited; so that Custome and Subsidie in England is 12 ½ vpon the 100 for Merchants strangers: besides but leridge or scauage, almost one pro cent. more for goods inward; and for English Mer­chants is ten vpon the hundreth.

Impost.The Impost of Wines is limited vpon the Butt, Pipe, or Hogshed, as by the Booke of rates, with the Composition money, and other dueties.

In Spaine and Portugall they take after diuers rates for commo­dities, some [...]/10 or [...]/ [...] and twentie fiue vpon the hundreth, esteemed to be one with another vn quinto or [...]/ [...] part, or 20 pro cent. with the Alcaualla, taken for Brokeridge to sell them. In Barbarie seuen pro cent. Alcaualla. aboord.

The Turke taketh ⅕ part, as the Aegyptians. The Venetians take 3, 5, 7, and 10 vpon the hundreth with great aduisement, and vpon the Manufactures of other nations 14, 15, and more. And the like is done in France to aduance the handie crafts man.

[Page 197]The Great Imposts demanded in the yere 1604 by Philip the third King of Spaine (of 30 vpon the 100) of French, English, Great Imposts and Flanders commodities, was soone abolished, when the French king Henry the 4 did the like; for one extreame enforcing another is of small con­tinuance.

CHAP. XXXVII. Of Merchants Wagers, Stipulations, or Conuentions.

FOr as much as diuers Ciuilians haue intreated of this arguments of Merchants Wagers, and made some Treatises de Sponsionibus, wherevnder mat­ter of Assurances is comprised: it may not be thought impertinent to handle this subiect brief­ly and diuidedly from Merchants Assurances, al­readie declared in his proper place.

The said Ciuilians do distinguish these Wagers or Sponsiones to be threefold.

1 Where a Wager is laied with a pawne in the hands of a third person.

2 Where (by way of Stipulation) some thing is giuen vpon a Wager.

3 Where a thing deliuered or by a couenant made with another person, the same is promised to be restored, and double, treble, and ten times the value thereof vnto the partie with whom the Wager is made, if the matter in question or doubt do not take effect; whereof many examples may be giuen and declared, namely,

The Great Wager betweene Cleopatra Queene of Aegypt, Examples of Wagers. and Marc Anthonie, for the great expences of a supper, by dissoluing the Paragon Pearle, and drinking the same, as Plinie reporteth, when Lu­cius Plancus was made judge of that Wager, and pronounced that An­thonie had lost.

That of Cecinna, whereof Cicero maketh mention for the recouerie of his grounds taken from him in hostile maner by Eubusius, and re­stored againe.

That such a Cardinall shall be elected to be Pope, That such a King is dead, and such a town is taken: in all which, the Wager is made by Pawne, Stipulation, or Conuention, as aforesaid; and hereof are innu­merable examples.

Hereupon they conclude, That all Wagers laid must be for honest [Page 198] causes, and as it were striuing for vertuous actions; and that these by the law are to bee maintained in the performance of the Wager, wherein custome is the best interpreter, Custome the best interpre­ter of Law. euen in the point of law, which is considerable in all cases by the long obseruation of them.

A Wager being laid, that the Pope of Rome, or the Emperor, or any other great personage shall die within the yeare, Lawfull Wa­gers and vn­lawfull. is good in law: but to lay Wagers, as desirous or wishing some vnexpected euill or aduerse fortune vnto an honest man, or although it were to an ene­mie, is neither ciuile nor naturall in the vnderstanding of well dis­posed men.

A Wager laied vpon the death of a priuate person, is disallowed; but not for the contracting of any supposed or expected marriage, which is lawfull.

All Wagers laied in lawfull games are allowable; but in prohibi­ted games cannot be recouered by the Ciuile law. So Wagers made by lookers on vpon other mens games are disallowed, which is the cause that Stipulations are made, putting the pawne or money downe, which is called, to stake downe: and if it be vpon an vnlaw­full game, then the lookers on are subiect to punishment, as well as the gamesters.

A Wager laid who shall eate or drinke most, is vnlawfull.

If a Gamester or a Merchant playing, receiue twentie and promise to giue fiftie for it the next day playing, the Conuention is good.

A Merchant laying a Wager to giue tenne for one if such a ship ar­riue within a limited time, within such a Port or Hauen, is good in law.

A Wager is laied vpon the arriuall of a ship in the port of Lix­borne, and a certaine summe of money promised thereupon: it fal­leth out, that the said ship is a Galeon; so deniall is made to pay the money. The Law did determine the money should be paied, because the word Ship is a generall name, although it be called by diuers names, As a Notarie is called a Tabellion, Scriuenor, or a publike seruant.

A Wager vpon a sonne or a daughter to be borne, is good in law; and if it be a Hermophrodite of both sexes, then iudgement is giuen according as the naturall inclination shal be found to be more mascu­line or feminine.

Ambiguitie, or Equiuocation in Wagers.And in all Wagers wherein ambiguitie or equiuocation doth hap­pen, there must be a naturall moderation in the construction of them; for an euill custome loseth her name, and becommeth vsurpation, as is before declared.

If any man by the inducement or fraud of a third person lay a Wa­ger that such a woman shall be deliuered of a sonne, when she was al­readie deliuered, the Wager is not to be allowed, and if the Mid­wiues are partakers herein, they are to be punished, and incur Crimen Stellionatus.

If one lay a Wager to run with another, and afterwards doth refuse [Page 199] to runne, hee may be compelled thereunto, or the stake is lost; for hee committeth no deceit, which preuenteth a fraud. The captation or aduantage taken vpon words ought therefore to be excluded, and wa­gers are to be made in plaine termes, and to be construed accordingly; Fallere fallentem, non est fraus.

Wagers between Merchants are many times more done for sport and recreation than for gaine: for ouer great wagers are against good manners, and may concerne a Merchant much in reputation and credit, more than the playing for great summes of money, which many times Merchants doe vse, with the obseruation of a conuenient time, and as the Prouerbe is, With good fortune, otherwise the end of it is dangerous; for as nature produced all things in due time, so is moderation required in all actions.

CHAP. XXXVIII. Of Merchants Markes set vpon Commodities.

THe marking of Merchants commodities, either packt vp in Bundels, Trusses, Cases, Coffers or Packes, is of great importance; for not onely by the Custome of Merchants, but also by the Ciuile Law, the propertie of the goods and mer­chandises is adiudged to him, by whose marke they are marked or sealed. It is dangerous therefore to vse another mans marke, as many times Merchants doe in time of warre, when they lend their names and markes for the pre­seruation of their goods, betweene two or more contending Princes, both by Sea and Land.

Euery Merchant is to set downe his marke vpon his Bookes of account, wherewith his commodities are marked. Merchants markes to be set vpon their bookes of accounts. And in like manner, If a Company or Societie of Merchants doe agree vpon a marke, the same is to bee set vpon the Bookes of that Societie: and if that Company doe dissolue, the said marke may remaine with the most ancient of that partnership, by the Custome of Mer­chants; whereof the Ciuile Law and the Law of Admiraltie ta­keth notice in their judicature, and especially the Merchants Courts of Consulate. And if the marke of one of the partenership bee vsed for all, the same vpon dissolution of that partenership is to returne to the said partie; and no man is to vse another Merchants marke, [Page 200] without especiall leaue had and obtained of the partie whose marke it is. For euen as Merchants doe saile betweene the two dangerous rockes of Scylla and Charibdis in their course of trafficke, when Princes are at variance: So is the danger to vse another Merchants marke without leaue; because the partie owner of the said marke is to defend the said goods, if they bee taken, or to countenance the persuers of the sute in Law for them, Danger to vse another mans marke, &c. as farre as they in reason may require, otherwise the said goods may bee lost as soone as ta­ken. For as Ships are knowne by their Flags, and so taken to bee at the Seas; so are Merchants goods marked with another mans marke, to bee that mans goods, although it were not, and will bee so adiudged in the Courts of any Admirall of the Seas; experience hath prooued the same by two notable examples, worthy the ob­seruation.

In the yeare 1586 or thereabouts, Robert Lord Dudley Earle of Leicester was an Aduenturer for Barbary, where hee sent some com­modities by way of commerce, vnto a certaine Factor (that did deale for diuers other Merchants) there to be sold for his account, and to make returne vnto him of the prouenue thereof in Sugar and other commodities. The Factor hauing sold some of the said goods (considering the number of men of warre, which were then at the Seas, and the greatnesse of the said Earle) thought good, that all the Chests of Sugar and other commodities which he sent home to all his Masters in a certaine ship, The Beare and Ragged staffe. should bee marked with the Earle of Leicesters marke, albeit the least part did appertaine vnto him; the rather for that the most part of his goods were yet vnsold in Barba­rie. The ship arriuing within the Riuer of Thames, no sooner were the Letters deliuered, but the Earle laid claime to all the said goods, pretending the same to be his because of his marke: hereupon the Ciuilians were of his side for the point of Law, and the Merchants were compelled to make their best compositions with him, as they could agree; and the Earle lost nothing thereby howsoeuer they sped.

In the yeare 1597 one Iohn de Bassadonna, the sonne of one of the Magnificoes of Venice, then resident in London, had a certaine ship which was fraighted for Lixborne, and so to goe for Venice, accor­ding as the Master thereof was bound by a Charterpartie of fraight­ment, and in both places to take in all such commodities and mer­chandises as the Merchant should lade or cause the said ship to be la­den withal, and to be discharged at Venice with the vsuall conditions of Sea-lawes. The Venetian Flag. This ship bearing the Venetian Flag of the Lyon of S.Marke, was well receiued and welcome at Lixborn, and euery man was willing to lade therein his goods for Venice: neuerthelesse some Portugalls considering the dangerous times of warre, did borrow the name of Italians and their markes also, and caused their goods to bee laden as appertaining to the said Italians, and made the Bills of la­ding and their Letters accordingly; other Portugals were not so pro­uident, [Page 201] but did lade their goods in their owne names: whereupon the Master of the ship (being sure of the one, and suspicious of the other) resolued to come (with all the said goods) first for England, to take aduice whether this were a lawfull prize or not, and being ar­riued at Plimmouth, sent vp to know the Lords of the Councell their pleasure. So the matter came in question with the said Bassa­donna, and was referred to the Iudge of the Admiraltie, and diuers Ciuilians, where the matter of the Flag was much respected in re­gard of the Seignorie of Venice, as matter of State; and the princi­pall goods laden and marked in the name of Italians, were adiudged cleere by the Law. But the other goods laden and marked with their owne markes, were taken for good prize. So that it behooueth all Merchants to be carefull what marke they vse, &c.

CHAP. XXXIX. Of the Buying and Selling of Commodities by Brokers, and by the Candle.

IT is an old Prouerbe, and very true, that betweene What will you buy? and what will you sell? there is twentie in the hundreth differing in the price: which is the cause that all Nations doe more affect to sell their commodities with reputation by meanes of Brokers, than we doe; for that which seemeth to be gotten thereby, is more than double lost another way. Besides, that by that course many differences are preuented, which might arise betweene man and man, in their Bargaines or Verball contracts: for the testimony of a sworne Broker and his booke together, is suffici­ent to end the same. And moreouer it is many times a cause that Factors and Seruants deale more faithfully for their Masters in buy­ing or selling of all commodities, or in monyes by exchange, know­ing their euidence is extant against them. Therefore no Broker should be admitted vnlesse hee were sworne, and vpon Affidauit or Certificate made by some principall Merchants, of his sufficiencie and behauiour, and to put sureties for his true and good demeanour amongst Merchants, according to the Custome of London. For albe­it that the common saying is, That a craftie Merchant needeth no Broker: yet it may much concerne the Common-wealth, when too much [Page 202] hunting after forraine commodities may increase the price of them, and offering our home commodities to sale, Bills of Entries in the Cu­stome-house. may bee an occasion of vnderselling them to the generall losse comparatiuely considered, wherein (I thinke) the Billes of Entries made so generally common, by the copies deliuered to shopkeepers and others, are to be regarded. For no sooner are the goods entred in the Custome-bookes, but the copie of it is deliuered abroad for euerie man to runne vpon them.

The Venetians therefore haue an Office, called Messacaria, consi­sting only of Brokers, which deale betweene man and man aduisedly; and in Spaine they are of such estimation, that they ride on horse-backe vpon their foot-clothes, and hauing the Inuoyces of Mer­chants goods, they will deale for great matters at a time, against the lading of the Fleet for Noua Espagna and the Islands of the West-Indies, to be payed partly readie money, and partly at the returne of the said Fleet; and then afterwardes let you vnderstand their Mer­chant: and many times they are of that meanes and credit, that for a small matter they will be bound to make the debts good, if the Mer­chant should faile, whereupon (as the Custome is to haue one vpon the hundreth) they will condition but double Brocadge, or lesse. Our Brokers of London take but two pence vpon the pound (which is lesse then one ꝑ cent.) for the sale of commodities, and to hinder one another they will take lesse; which amongst Merchants beyond the Seas, is taken to be a disorder, for they are inclined to make the Brokers good gainers. The like is done in the Faires of Frankford, where many Brokers doe resort twice in the yeare, and they keepe account of all the bargaines that they make betwene the forraine Merchants, that come thither to make their payments most by res­counter and assignation, after the manner of Bankers: For the com­modities sold in one Mart, are commonly payable the next Mart, being betweene fiue and sixe moneths time one after another; where­in these Brokers are very necessarie members and instruments also to transferre Merchants Bills Obligatorie for other commodities, or to make payments thereby. The duties of the Alcaualla in Spaine, are taken vpon that consideration.

Selling by the Candle.The selling of commodities by the Candle, is an ancient Custome beyond the Seas, only for such goods, rents vpon houses or lands, or the houses also which require a suddaine sale, after they haue beene one yeare and one day denounced by publication that they are to bee sold; to the end that if any man will lay any claime thereunto, they may come in within that time. And these sales are made vpon Fri­dayes in accustomed places by publike authoritie, for the better war­rant of the Buyer, the manner of it is thus: There is a waxen Can­dle or a piece of it, set vp lighted in some place easie to be seene, and the standers by are required to make an offer for such goods, or such a house; which being made, another will offer more, as they doe in outcryes, hauing still a regard to the burning Candle: declaration is made how the payment must bee, so that hee who maketh the last [Page 203] offer (vpon the going out of the Candle) hath the bargaine. If it doe fall o [...]t, that there is confusion of voyces of the offers made, whereby it cannot bee discerned who made the last offer, and the standers by do differ in their iudgement of it, then the Candle is set vp againe by those that are in authoritie, and in like manner it is de­termined accordingly.

The Merchants of the East-India companie do imitate the same, and after publike notice giuen in writing vpon the Royall Exchange in London, That such a day, such and such commodities will be sold at such a place, Merchants and others (knowing the great parcels of Pepper, Indico, and other commodities of Silkes, Calicoes, and such like) will ioyne together to buy the same in seuerall companies, and so buy the same by the Candle, as aforesaid, although it were a parcell of one hundreth thousand pounds. The time for the pay­ments is foure times six moneths, which is fifteene moneths in one payment, according to which (if you will pay all or part of it in rea­die money by way of Anticipation) you shall haue vse allowed you accordingly, after the rate of ten vpon the hundreth. But their good orders require a more larger declaration.

CHAP. XL. Of buying of commodities by Condition, termed Capiticus, and of selling things vpon Casualties.

THe buying of commodities vpon Condition is termed by the Ciuilians Capiticus, a capiendo, ei­ther to refuse or take vpon a penaltie; or some­times vpon a casuall Condition. Which bargains are much vsed in the Low-countries, as also in France, especially at Roan and Calice, where my selfe haue made money of Corne and Salt: and this bargaining is most proper for such and the like commodities, the price whereof doth quickly rise or fall, and are also commodi­ous when a mans money is not so readie, to buy much, and to make a great imployment with little money, which happeneth vpon some soden aduice many times vnexpected, whereupon men are verie hot either to buy or sell: which is much vsed in Flanders in buying of Herrings before they be catched, by (stelle gelt) as they call it, that [Page 204] is by a summe of money agreed vpon to be paied, if the partie doe repent himselfe of the bargaine, wherein he taketh a time of one mo­neth or two to be aduised according to the occasions and probabili­ties of the successe.

To disburse or offer fiftie pounds vpon fiftie Last of Herrings with six weekes respit vpon the condition after twentie pound were equal nineteene and twentie one, and without respit of time presently to say to be deliuered at three moneths, the fiftie Last at twenty pound amounteth to 1000 ll, you aduance the interest, warehouse-hire, charges, lackage, besides the commoditie that you haue bought with the money a bargaine of fiftie Last, when it would pay but 2 ½ Last, vpon condition to take or leaue.

One hundreth pounds deliuered out to pay the first yeare one pound, the second yeare two pounds, increasing euerie yeare one pound, amounteth in fifteene yeares to 128 pounds, in twentie yeares 210 ll, to the 20 adde one, multiplie with ½ of 1 to 20 is 10, and so of all other augmenting, be it of 1, 2, 6, 8, &c.

The Conditions are diuers: The certainetie of the money which you do aduenture to losse, being well considered of, may turne you to gain, especially in places bordering vpon the seas or riuers, to serue the In-land people, as Calice, Dunkerke, for Flanders, Henault, Ar­thois, and other prouinces. The like might be practised in many coast townes of England. But strangers are more addicted to make casuall bargaines for buying of commodities.

For selling of commodities vpon casualties, therein are we more frequent, especially of things not vendible at all times, to sell them payable vpon the returne of such a voyage from Venice, Turkie, or other places, or vpon the decease of such a man or woman, or at a marriage day, or the first, second, or third child, either male or female. In all which sellings, money and wares may be ioyned together. But in deliuering money with wares at interest, the contract is vsurious by the law. (*⁎*)

CHAP. XLI. Of diuiding of Commodities by Lots.

ALl extreames being vicious, hath giuen me cause to write this exorbitant chapter, concerning the diuision by Lots, because there are men in this age so precise (by some called Puritanes) that they can be well contented to buy a commodi­tie in companie with their neighbours, when their owne meanes and credit cannot compasse the same; but afterwards to diuide those goods (by the Lot) between them, they are verie scrupulous, and hold it a prophane action, and they are (as they say) bound vnto it of necessitie, or else to take that which their partners do giue vnto them, and so let them cast the Lot amongst them, and what remaineth vpon equall diuision, they will rather accept of, than that any Lot should be cast for them: yet they will more fauour the Lot than the casting of the dice, or the mea­suring by strawes. To these weake stomakes thus troubled with a Nausea, I would not minister any Cordials, Electuaries, or Poti­ons to rid them of that distemperate humour; but a plaine vomit is fittest, the Moone being in Aries or Capricorne, which must be thus preparéd.

As in Gods Church there neuer wanted true religion reuealed from God himselfe, so amongst heathen, and all nations, there neuer wanted meanes to acknowledge a soueraigne power; which caused them to deuise a certaine shadow of religion, by worshipping their imaginarie gods with a kind of diuine seruice: the contemplation and vse whereof, they did esteeme to be the highest degree of felici­tie, or summum bonum, in so much that (euen in their blindnesse) they did attribute the successe of all things to proceed from aboue, vsing (for to attaine to the knowledge of the diuine pleasure) diuers means of Diuinations, Imprecations, Oracles, and casting of Lots, because they wanted the illumination of the most glorious and transparent Sunne of the word of God, whereby we are taught to obey the knowne will of God, and to reuerence (with admiration) his secret will not declared vnto vs.

Diuinations and imprecations being not accompanied with visi­ble [Page 206] and sensible apparitions, caused all Oracles to be in greater vene­ration: as that of Dodona, where Iupiter answered, striking the Cal­drons with a siluer wand: That of Iupiter Hammon in the confines of Aegypt: That of Delphos, where an old woman answered in Greeke verse: That of Latona, and that of Motenzuma in America, and others. All which ceased, when and where the Sunne beames of the word of God did disperce the mistie clouds of darknesse, and then all was abrogated, and onely the casting and drawing of Lots did re­maine as a custome of great antiquitie amongst all nations, recorded not onely by prophane Historiographers, but also by diuine Prophets and Euangelists. To which purpose we may obserue two especial ex­amples in the holie Scripture.

Ionas 1.7.The first is of Ionas the Prophet, who flying from the presence of God in a Ship sailing for Tarsis, was exposed to a verie great tempest at the seas, endangering the ship and mariners to be cast away at eue­rie moment; when it pleased God to manifest by the Lot drawne, or cast by the Master and Mariners, That Ionas was the cause of the said tempest.

Luke 23.24. Iohn 19 24. Psal. 22.19.The second is of the Lot cast by the Souldiers, vpon the garment or coat of our Sauiour Christ, according to the Prophesie of Dauid: allotting the same to some particular person, according to his good will and pleasure.

But least these men should obiect, That the aforesaid examples are actions of the Heathens, and but mentioned in the holy Scripture; we pray them to remember, That the children of Israel had no other meanes propounded vnto them, to obtaine victorie against their ene­mies, by remouing the offence of the interdict or forbidden goods, Ioshua 7.14. but the vse of casting the Lot, which fell vpon Achan, who had hid some of the forbidden goods, which were to be burned according to the commandement of God, who was pleased that Iosua should find out the man by Lot, and not by Reuelation.

Acts 1.26.The Apostles hauing appointed Barsabas and Matthias, and prayed the Lord to shew them, Whether of the two should succeed in the Ministerie of the Apostleship, from which Iudas by transgression fell, gaue forth their Lots (as the Scripture saith) and the Lot fell vpon Matthias.

Ioshua 14.2.What shall wee say of the Diuision and Partition of Lands and Goods, when the land of Canaan by Lot was diuided amongst the Israelites? And the like vse remaineth vntill this day amongst diuers nations. The saying of the Wise-man being true, That the Lot is cast; Prouerb. 16.33. & 1.14. & 18.18. but the successe thereof is according to the prouidence of God: which caused him to speake so often of Lots in his Pro­uerbes.

Plutarch.The Grecians did make election of their officers by the drawing of Lots, which they called Ostracisme; according to which the Vene­tians in their rare gouernment of Aristocracie, do at this day vse the like by their Ballotting; and so do the Russians in their gouernment [Page 207] of Monarchie: So to conclude, all Nations doe continue the vse of Drawing or Casting of Lots in all occasions. Wherefore, I hope, these precise men will bee hereafter more resolute to accept of their part (of Indico in Barrels, Sugar in Chests, and Pepper in Bags, marked and numbered according to the goodnes) by the Lot drawne or cast, and expect Gods blessings, according to the saying of the Wise-man, as aforesaid.

Forasmuch as in Italy and Germany, diuers commodities and manufactures are dispersed, distributed, and in a maner vented, by the meanes of Lottaries which are continually extant, in publike markets and other places; I cannot omit to speake hereof, as a matter apper­taining to Merchants.

There are two manner of Lotaries, namely, Standing Lotaries, and Running Lotaries; the first limitted for a continuance of time to bee drawne at the end thereof, without intermission by day and night; the latter to bee drawne daily and at all conuenient houres, when the parties will put in their money, and haue the Lot drawne instantly. To which end in many places of Germany, there are pub­like Shops and Stales, where diuers sorts of manufactures are expo­sed to be sold, and to euery Lot there is a Prize appointed to answere the said Lot; whereby a man hath alwayes some thing for his money, and many times a Prize of good value. Being therein like vnto the Tree of Fortune, The Tree of Fortune. which is painted with blind Fortune sitting in the middle part of the Tree, and all manner of men, women, and chil­dren, standing or lying ouer the said Tree, doe receiue somewhat fal­ling from it; to the one a purse full of money, to the other a halter; to the one a golden chaine, and to the other a cutting knife: and to be briefe, to some good, and to some other euill things, as is seene in all wordly affaires.

Standing Lotaries, are stately and magnificent, consisting of Siluer, Plate, Chaines of Gold, Iewells, Cabinets, Hangings, Pictures, and other precious and curious things, fit for honourable persons, and others of qualitie. Albeit all men are admitted to aduenture there­in, which is the cause the Lots are commonly made of twelue pence or two shillings, the number whereof maketh a compleat Lotarie, fit to be drawne when the same is full, which must bee done by gathe­ring in the money in continuance of a certaine time limitted, as aforesaid.

The Running Lotaries are of Plate, Chaines of Gold, and other things, whereof the price is (in a manner) certaine, as also of mo­neys: and for that they are instantly drawne, and men willing to know their present fortune (as they terme it,) euerie one is inclined, that the money which they draw, they will venture againe in hope of a better, whereby their Lotaries are sooner filled. Both these sorts of Lotaries haue a Table wherein the Prizes are declared, which are valued by publike authoritie to preuent deceit and fraud, which in great Standing Lotaries is more likely to bee practised.

[Page 208]There is as many Bills made of the aduenturers, by their names or poesies, as there are Blankes and Prizes to be drawne, answerable to the Tickets deliuered for the money to euerie man that is an aduen­turer in the said Lotaries: and all these Bills of names being exami­ned by the Magistrates or Commissioners, with the Bookes of Col­lection for the monyes, are put into one great close Basket, with a hole in the middle thereof for a man or a boy to put in his arme to draw them at the appointed time. Likewise all the Blankes and Pri­zes, with the like suruay of Sworne-men, are put into the like close Basket, after examination of the Prizes registred in the said Ta­ble, which being all of one fashion and bignesse, are publikely vpon a Stage mixt, tossed, and tumbled in certaines sheets of Canuas, be­fore they be put in the said Basket; and between the said two Baskets sitteth the Drawer, putting both his armes at one instant seuerally in euery Basket, deliuering the Bills of the names or poesies with the right hand, and the Blankes and Prizes with the left hand, to certaine Sworne-men, which doe read the contents thereof openly to all the standers by; which Drawers or persons do change for certain hours, (for they continue both night and day vntill all be drawne out, with­out stirring of the Baskets.) Othersome doe herein obserue cer­taine houres daily, and vpon euerie discontinuance, they seale the said Baskets vnder two or three Seales from time to time, procla­ming all Prizes by the sound of the Trumpet, and stringing some blew papers in the Files made of the Blankes and names: and the Pri­zes euerie day drawne, are the next day to bee seene in print, with the assistance of Officers appointed to see good orders obserued in keep­ing the Peace, vpon all occasions of fallings out, which might hap­pen amongst the vnruly multitude of mechanicall people. The Prizes are many to auoid discontent, which the reading of many names and answeres in Blanke prouoketh. And commonly they do not exceed in number aboue thirtie or fortie for one; and so the least prize being but tenne shillings, is proportionably three or foure to one in value or in readie money. All the Prizes haue a priuie marke or number knowne onely to some few persons, to preuent the coun­terfeiting of euill disposed persons or officers, which are hereby easi­ly discouered. For all the cautions and preuentions of dishonest and craftie dealings are more than necessarie in Lotaries, the rather of the common opinion of all men, which hold it impossible for Lota­ries to be without fraud. Caueat in Lotaries. And here I may not conceale a great fraud committed in Standing Lotaries, when not only the Prizes are ouer­valued, or change; but also when the parties of the Lotaries will set vp the same to draw men to aduenture, and take that to their ad­uantage, filling vp the Lotaries themselues, and enioying the most Prizes by the multitude of the Lots put in by them: wherein they are like to the craftie common Out-cryer for goods sold publikely in out-cries, by appropriating to himselfe and his parteners (which are onely knowne to him) all such good bargaines and penny-worths [Page 209] as he hath with them contriued to bring about, Fraud of goods sold by out­cryes. or as he hath vnder­taken to put to sale for other men, vnder the colour of out-cryes, selling them (if he please) or keeping and retiring the goods into his owne hands, when hee cannot aduance them according to his will, wherein other men are ignorant. And this being a vendition, may not be omitted to bee noted in this Booke, concerning all manner of buyings and sellings; the rather, for that the aduenturer in Lota­ries incurreth lesse danger, than Merchants doe in the course of Trade, especially in Assurances, when they doe aduenture one hun­dreth pounds for three or foure pounds from London to Barbarie, whereas for one Lot of twelue pence, he hath a possibilitie to haue al­lotted vnto him two or three hundreth pounds.

Lotaries are commendable, The right vse of Lotaries. if they be appropriated to their right vses and good intentions, finis Coronat opus: for this maketh them to be of continuance, pleasing and profitable, when the benefit thereof doth redound to pious workes; as for the erecting of Schooles and Vniuersities, maintenance of the poore, and of widowes and or­phanes, repairation of Churches and high-wayes and ditches, for the plantation of Collonyes of people in other Countries, and building of Townes and Castles for their maintenance; as also to erect Pawne-houses to supply the necessitie of the mechanicall poore, sup­pressing intollerable vsurie; whereof we shall intreate in the second Part of this Booke, concerning monyes.

The Etimologie of the word Lotarie, is deriued from the word (Lot:) And albeit all Lotaries are things casuall in respect of man to whom the Lot falleth; yet in regard of the prouidence of God, they are certaine (in effect) by the said Diuine disposing of the Lot. Insomuch, that howsoeuer the words, Fortune, Chaunce, Fate, De­stinie, and Casualtie, are borrowed from the Heathens; it cannot bee denied, but that (respecting the effects and operations of God towards man) they are proper distinctions of Gods Di­uine Prouidence: And hence ariseth the Prouerbe, Nemo sua sorte contentus viuit. (*⁎*)

CHAP. XLII. Of Associations, Monopolies, Engrossings, and Forestallings.

ASsociations are twofold, the one is done by pub­like authoritie of Princes or States, vpon Graunts made by Letters Patents, which are properly called Societies; as the Companie of Merchant Aduenturers, Societie of the Merchants Aduenturers. which are of 400 yeares standing or thereabouts, reckoning from the yeare 1248; when the said Merchants ob­tained priuiledges of Iohn Duke of Brabant, and were called the Brotherhood of Saint Thomas Becket of Cantur­burie, which were confirmed by King Edward the third, Henry the fourth, Henrie the fifth, Edward the fourth, Henrie the sixth, Ri­chard the third, and King Henrie the seuenth; who gaue them the name of Merchants Aduenturers: after him also confirmed by King Henrie the eight, Edward the sixth, Queene Marie, Queene Elizabeth, and lastly, by our Soueraigne Lord King Iames; not without many enemies and oppositions, and most especially of late, taxing them to be Monopolizers, and vnprofitable to the common-wealth; be­ing that all our Clothes were not dressed and dyed in England. Whereupon their Patent was for a time suspended, but afterwardes confirmed again vnto them by his Maiesties ample Proclamation. As this Societie is of ancient estimation, so is their gouernement verie commendable, and preserueth the amitie and entercourse betweene the Realme and other neighbour Princes and States, venting the best commodities of the Kingdome; yet so, that euerie man selleth freely at his pleasure without any combination or limitation, to the great honour and seruice of the State, wherein they may daily see and obserue more and more, as is heeretofore declared.

Societies of East-Indies, Virginia, &c.The East-India Merchants are also a Societie, but their aduen­turers runne all into maine Stockes, and is gouerned and carried all ioyntly vpon benefit or losse. This Company beganne in the yeare 1599. So the Merchants of Turkie are a Societie. Also the Virginia and Barmuda Merchants, and diuers others, are Societies incorporated by his Maiesties Letters Patents, as aforesaid.

[Page 211]The other Association is done by and betweene Merchants of their owne authoritie, Partnership by Contract. ioyning themselues together for to deale and trade either for yeares or voyages; and this is properly called Part­nership, where one man doth aduenture a thousand pounds, another fiue hundreth pounds, another three hundreth pounds, and another foure hundreth pounds, more or lesse, as they agree amongst them­selues, to make a stocke, euerie man to haue his profit, or to beare losses and aduenture according to their seuerall stockes, in one or many voyages, for one or more yeares; besides the moneyes taken vp at vse to trade withall, proportionably according to the rates of their stocks by parts and portions, to be diuided into so many parts as they agree: wherein the conditions be diuers, which must be obser­ued truely, and the accounts accordingly; otherwise all will run into a Laborinth and confusion. And by the common Law one partner cannot proceed against another, and in Chauncerie the suits may be prolonged for the life of a man, vnlesse the Law-Merchant be better vnderstood; and the Auditors Office be enabled to end these busi­nesses with breuitie and expedition.

There is another branch of this maner of partnership, Partnership by imployment. which com­meth to passe, when Factors beyond the seas (dealing for diuers Merchants) will sometimes make imployment of seuerall mens money in one kind of commoditie to be diuided amongst them. Here one may become a partner vnawares and vnknowne, as of late I know the like did happen in a great bargaine of Tabacco, whereupon all the partners (being seuen in number) are fallen out, and diuers of them are in law. This course (althoug vsed) is verie dangerous, espe­cially when they vse many Factors. One Merchant sendeth commo­dities to his Factor to be sold in Spaine, and giueth order that by that meanes he shall prouide money for his part of the imployment of Tabacco to be made: another Merchant, he sendeth a Letter of cre­dit of a friend of his, that so much money shall be taken vp by ex­change for Antuerpe or London, as shall be needfull for his part: an­other Merchant he causeth so much money to be made ouer to his Factor by exchange [...]om Antuerpe, as will furnish for his part. Two other Merchants dwelling in Spaine doe furnish their parts there themselues. And amongst them all, they admit in Spaine one Factor dwelling there to buy the Tabacco, and he hath a part with them, but findeth the meanes to disburse no money for his part, because he buy­eth the said parcell of Tabacco (amounting to some twelue thousand ducats) and conditioned to pay a good part of it at six or more mo­neths. And the seuenth Merchant, he prouideth not any money, and neuerles wil haue his part, because he gaue order to his Factor to take it vp by exchange for London vpon him, promising that he would pay the same here. Hereupon the bargaine and imployment of Ta­bacco is made, the goods receiued and sent ouer to London, where it is diuidedly deliuered to some of the said partners to be sold (with one and others priuitie) for the generall account of them all, to be [Page 212] made vp amongst them to cleere the said account, and euerie man to haue his part of the benefit and profit, and likewise to beare such los­ses as may decrease their profit, according to equitie and conscience. Interim it happened, that the Factor who bought the said Tabacco, dyed insoluent, who did not only leaue his own part vnpaid, but a far greater summe, which the other two partners were faine to pay, being bound for it, in all amounting to 1300 ll sterling [...] Now the question is, How this losse shall be borne amongst them? The first Merchant, he saieth, I did send commodities, and by the prouenue thereof my part was payed by him that dyed, and that dependeth vpon accounts to be cleered betweene him and the partie deceased: the second Merchant, he sayeth, My part was paied in readie mony in Spaine, taken vp by a Letter of Credit, and I am to beare no part of the losse: and so saith the third Merchant, that made ouer his mo­ney by exchaunge from Antuerpe: the two partners dwelling in Spaine, they say, That they haue not onely paied their parts of the Tabacco, but also the 1300 ll which were owing to the Merchant that sold the Tabacco, and therefore they demaund much money due vnto them, and that resteth also vpon account betweene the par­tie deceased and them and others. The partie deceased (being decai­ed) hath few to vndertake the administration of the estate: and the seuenth Merchant is contented to beare his part of the losse, so he may come in for his part of the gaine, and saith, That if the money had beene taken vpon him by exchange, hee would haue paied the same. But howsoeuer, he is able to proue that he had prouision suffi­cient to pay his part, in the hands of some of the partners there; and for as much as he hath borne the aduenture of the seas of his part of the Tabacco, he claimeth his part of the gaine; for if all had beene cast away at the seas, it is certaine the rest of the partners would haue made him to beare the losse of his part. And thus they are all in a Dilemma, and hauing some of them bonds, others con­tracts, and some but accounts and papers, they know not how to make an end; and such as haue more than their owne, are remisse enough to procure an end. I haue thought good to set downe this Case, because men of vnderstanding may iudge [...]ow it is possible that the common Law (by the strict and peremptorie proceeding of it) can determine the same without the Law-Merchant, not knowing the Custome of Merchants, being also impossible to direct a Iurie of twelue men in the premisses, wherein I am now an Arbitrator my selfe.

CHAP. XLIII. Of Merchants Oppignorations.

MErchants oppignorations are more vsed in regard of the commodiousnesse of it, than vpon neces­sitie, as other goods are pawned. For when a Merchant hath a Ship come home, laden with Wines, Oyles, Woad, or such like commodi­ties, and is to pay a great summe of money for Fraight, Custome and Impost, hee will not wil­lingly disburse more money, but will indeauour to sell part of his commodities to pay the same withall: because that thereby hee may auoid the payment of interest for money vnto others, which sometimes hee cannot so re [...]dily find vpon his owne Bond alone; and if he doe, then must hee bee tied to take the same for foure or sixe moneths, and pay that interest; when within one moneth he may make moneys of his own goods. Vpon consideration whereof some rich Citizens that haue great houses, and many Sel­lers or Ware-houses and to let them at greater rents; haue beene contented to lend money vpon the goods brought into their Sellers and Ware-houses, paying after the rate of tenne in the hundreth for the yeare, and when they sell their goods they must pay them the said money: for they do trust Bayard in the Stable. In which regard the houses of Commerce are very necessary, and other such houses that are spacious to receiue great quantities of commodities, where the Customes and Impositions are only paied by the sale of the com­modities, and you may borrow more money for little or no conside­ration at all: and heereby doth a Merchant inlarge his trade, and young Merchants (hauing small Stockes) find great ease and com­moditie. You haue at Lixborne the Alfandega, in Seuill A Dicana, at Venice Il fontego: Houses of Commerce. at Antuerp the house of the Easterlings is memo­rable, whereof I did deliuer the figure in print to the late Earle of Salisburie; when he caused the Brittaines Burse to be builded in the Strand, and withall a proiect to build a house of Commerce vpon the Tower Hill, which he did like exceedingly, and protested that if hee had not begun that worke, hee would vndertake this proiect: which I doe here declare, in hope that some honourable friend to Merchants may be pleased to build the same hereafter.

CHAP. XLIIII. The proceedings vsed against Bankrupts.

THe mutabilitie and inconstancie of all worldly af­faires (and especially of Merchants estates) causeth me to remember the ancient Dutch Prouerbe, A dutch Pro­uerbe Engli­shed. Goods lost, nothing lost; Credit lost, much lost; Soule lost, all lost: for to be rich and to become poore, or to be poore and to become rich, is a matter inherent to a Merchants estate, and (as it were) a continuall and successiue course of the volubilitie of variable blind fortune, which is admitted (ac­cording to the heathen word) for a distinction of Gods prouidence, as the words of Fate, Destinie, Chaunce, and the like are, for the bet­ter vnderstanding of it; so that by the frequencie of it, Merchants haue made a great difference and distinction betweene a Merchant which is at a stay and taketh daies for the payment of his debts, or one that is broken or Bankrupt, hauing an especiall regard herein for the preseruation of credit, which is as tender as the apple of an eye: for it happeneth many times, that Merchants (hauing taken vp money at interest to augment their trade, and thereby doing good to their prince and countrey) shall receiue some vnexpected losses by warres on land, or Embargoes, or restraints of Princes vpon the seas of their ships and goods, or by hauing sold their goods and merchandises at home at long daies of paiment, or otherwise by other occasions, hauing their best meanes in remote places, whereby the said Merchants cannot suddenly make paiments of such moneys as they haue taken vp at interest, which in that Interim may be due, and so they are driuen at a stay, although they haue verie good estates: for some rich men (who like an Ape tied to a clogge, which thinketh that he keepeth the clog, when the clog keepeth him) are so tied to the clogge of their wealth, that vpon the least rumours of [Page 222] troubles and accidents happening to their debtors, they become sus­pitious of these mens estates, and fearing to become loosers, are so inquisitiue of their debtors meanes (without reason and discretion) to the great hurt and impairing of Merchants credit and reputation, that thereby they are driuen into a strait vpon a sudden, and so ouer­throw them (vnawares many times) to their owne hinderance and losse; A caueat for Merchants. so that Merchants must be verie prouident and carefull with whome they deale, in taking credit for moneys, and not to haue too much of their estate abroad; for the Prouerbe is true, That he who is farthest from his goods, is neerest to his losse. And in this case, Princes haue great reason to interpose their prerogatiues for the de­fence of these Merchants persons and goods for preuention of their ouerthrow, vntill their goods come to their hands and disposing, that haue beene detained as aforesaid.

This difference and distinction betweene a Merchant taking daies of payment, & a Bankrupt, doth incourage men to deale honestly and conscionably especially with the vertuous and well disposed, for Vir­tus laudata crescit, whereby they pay euerie man his owne in time, and for the most part with interest for the forbearance of their due debts: And therefore is it, that to call this man a Bankrupt, beareth a great action by the Ciuile Law, as also by the Common law of the realme, which is verie careful for Merchants credits and reputation: for that Merchant which in the storms of aduersitie, sheweth to be a good pi­lot, deserueth great commendation of the care and endeuours which he vseth to preuent the ship-wrecke of his reputation and credit, es­pecially with a good conscience, which will be vnto him a continuall feast, although the seas be turbulent, for he is armed with patience, and not destitute of comfort: and on the contrarie, those that like cowards become carelesse of their credit, or being of an euill dispo­sition, seeke to defraud their creditors, and to inrich themselues by their breaking, paying little or nothing; they do not onely deserue a name of defamation, but ought to be met withall by some seuere punishment by the Law. Seuerepunish­ment of Bank­rupts. It is not long since, namely in the yeare 1602, that there was a Merchant at Roan in Fraunce, who together with his sonne and a Broker had confederated to buy great store of merchandises vpon their credit, of purpose to breake and to inrich themselues; which being knowne, made them to be apprehended, and the court of Edicts did proceed criminally against them as theeues to the common-wealth, whereof they were also conuicted, and all three of them hanged in the market place: obseruing that the repre­hensiue Prouerbe ( Dat veniam Coruos vexat censura columbas) was to be remembred, To punish the small theft or litle theefe, and to suffer the great theefe to escape, which is vnreasonable.

The statute against Bank­rupts.The Statute of Bankrupts made and prouided by our law, against Merchants and Citizens only, was done to a verie good intent, if it were executed accordingly, with due consideration of the qualitie of persons and their behauiour. But some can preuent the meanes of [Page 223] suing forth the same, and so breake the strength of it, as easily as a Spiders webbe, whiles plaine dealing men are laid hold of, that haue an honest intention to pay euerie man, according to their abi­litie present or future, as God shall enable them; for Vltra posse non est esse.

But these well meaning men are oftentimes hindred to performe their honest intentions, by the hard and obstinate dealing of some of their creditors, to the vtter ouerthrow of them, their wiues and chil­dren, and the generall losse of all the rest of the creditors: these men therefore are to bee ouerruled by the Lord Chaunceller, who may compell them to bee conformable with the other creditors, accor­ding to the Customes of Merchants in other countries: and there hath beene in times past, during the Raigne of Queene Elizabeth, Commission for the relief [...] of prisoners. a Commission granted vnder the great Seale of England, for the reliefe of distressed prisoners in the prisons of the Fleet and the Kings Bench; which Commission, if it were renewed for the reliefe of the one and finding out of the other, would worke much charitie and contentment to the subiects. Howbeit to preuent these extreames is more commendable, for many Merchants and Shopkeepers doe flourish and become rich againe, if their creditors be fauourable vnto them, and doe pay euery man to the full. Therefore are the Letters of Licenses deuised amongst Merchants, Letters of Li­cense giuen to debtors. which are as a Pasport for the persons and goods of the debtors, giuen by the creditors, by way of couenant, that they shall not (for and during such a time or terme of yeares) trouble or molest the persons and goods of the said debtors, nor cause to bee molested, arrested or troubled, vpon paine and forfeiture of their said debts, to be pleaded in Barre against them for euer, as a full paiment of the same.

For the better encouragement, and to retaine men in their duties, The Custome of Merchants concurring with the course of the Ci­uile Law herein, Restauration of credit. doth make a restauration of credit to those that pay their debts to the full, notwithstanding their losses which they haue sustained; and they may haue a publication made of it, by way of intimation to all men vpon the Exchange or other publike places, for a perpetuall remembrance to posteritie, of their honest religious and commendable endeuours and behauiours, to the honour and credit of their house, kindred, or good descent: which is more especially re­garded in Spaine, A gentlemans priuiledge in Spaine. where a Merchant or Cittizen being decayed in his estate, and hauing payed according to his abilitie, yea, although hee doth not pay at all, shall be freed from all arrests and troubles tou­ching his person, if he make proofe that hee is a Gentleman by birth: which extendeth so farre, that all Merchants Strangers may haue and inioy the like priuiledge, vpon Certificate made by any that is Am­bassadour and agent for their countrey; who commonly will doe it vpon the verification of it, by the Heraulds or otherwise, which cau­seth men not to degenerate in vertuous actions, although aduerse for­tune playeth her Tragedie; which they ouercome with constancie and magnanimitie.

[Page 224]The said Statute against Bankerupts is made vpon verie great con­sideration, which lieth not against a Gentleman; so that to call a de­cayed Gentleman, a Bankerupt, (although he haue had dealing in the world) beareth no action at the Common Law, vnlesse hee were a Merchant or Shopkeeper, &c.

Commissio­ners for the Statute of Bankerupts.The Commissioners appointed by the Lord Chanceller vnder the Great Seale to execute this Commission of the Statute of Banke­rupt, must be Councellers at the Law, ioyned with some Citizens or Merchants, which are to seize of the partie (which by the said Com­mission is proued to be a Bankerupt) all goods, debts, chattels and moueables into their hands, and to appoint one or two of the credi­tors to be Treasurer of the same, which is afterwards to bee distribu­ted by the said Commissioners, vnto all such as they shall find and admit to be right creditors to the partie (and with his priuitie and consent) vpon such specialties, bookes, or accounts as they shall pro­duce and be made apparant vnto them; which must bee done within foure moneths after the date of the said Commission. The contents of the said Statute. For if it bee after the foure moneths expired, they may exclude any creditor if they see cause; so that the said distribution shall be done to those on­ly which haue beene admitted within the said time, according to their seuerall principall summes due vnto them, without any interest for the forbearance since the specialtie was due, or any forfeiture; howbeit charges in Law expended for the debt, shall be by them al­lowed according to their discretion. So likewise is it in the discreti­on of the Commissioners to admit any creditor to come in, where the partie was suretie for another, if that partie be likewise decayed. For it is vsuall for interest money, that two or three are bound toge­ther, and the collaterall Bonds which they giue each to other to saue harmelesse are to be considered, both by the said commissioners and the creditors.

It is also prouided by the said Statute, That whosoeuer shall bee found to haue voluntarily yeelded to any arrest, or his bodie to pri­son, and so remaineth in prison, for, and during the time of sixe mo­neths, thinking by that imprisonment to free his goods, and to de­ceiue his creditors; against him may the said Commission bee sued forth and executed accordingly, for hee is to bee taken for a Banke­rupt according to the said Statute; and if the partie bee at libertie, against whom the said Statute of Bankerupt is taken out, the said Commissioners may (if they see cause) commit him to prison, and giue him some allowance for his maintenance. And of all their pro­ceedings there is a Register appointed, by his Maiesties Letters Pa­tents vnder the Great Seale of England to record the same, vntill the Lord Chanceller doe dissolue the said Commission by a Su­persedeas.

Definition of the word De­coctor.The Ciuilians are copious in the description of this Argument, and haue attributed vnto this kind of people, the name of Decoctor, which is deriued from the word Decoqu [...], as it were to consume the [Page 225] substance of things, by decrease and euaporation of boyling ouer the fire, otherwise called disturbers or consumers of other mens goods in the course of trafficke. Neuerthelesse they doe obserue great di­stinctions betweene these persons, as in the Treatise, De Decoctoribus, made by Benuenuto Straccha, appeareth. And the Definition of Bankerupts is three manner of waies distinguished:

First, When a man becommeth insoluent, by losing his goods and other mens, by fortune, mischance, and casualtie, which man is not taken to be infamous by the Law, indeauouring to make satisfaction as he can.

Secondly, When a man by wasting, spoyling, and viciously giuen, consumeth his owne and other mens goods, and hee by the Law is infamous.

Thirdly, When a man is decayed, partly by wasting and spoyling of his owne and other mens goods, and partly by misfortune, and ac­cidents; and this man is taken to be infamous, if he be vicious.

Hereunto I may adde the fourth, and most vile person, who inri­ching himselfe with other mens goods, breaketh without iust cause, and onely of purpose to deceiue men, according to the aforesaid ex­ample of Roan. Albeit I am of opinion, that the said Ciuilians haue left them out of the number to bee criminally punished, as theeues to the Common-wealth, by the magistrats or princes autho­ritie, as the Banker of Florence was; who breaking for many millions of ducats, made a suddaine and deceitfull composition with his cre­ditors for the one halfe, and did pay them in readie money: which being vnderstood by the great Duke, hee caused his processe to bee made instantly, and thereupon hee was executed also accordingly; which was good iustice, and is to be done by the Magistrates, and not by the creditors. Punishments of Bankrupts. As of late yeares one of Genoa in Italy did vnto a debtor of his, whom he knew went about to deceiue him for great summes of money; whereupon hee caused a Chayre to be made, and called the partie to his house and intreated him to sit therein, which being made with certaine engines, did suddenly so gripe and claspe in his said debtor, that hee was compelled to pay him, or it might haue cost him his life. True it is, that in Russia a man hath leaue to beat, or to haue his debtor beaten vpon the hinder parts of the legs, if he cannot pay, and therewith is he discharged; which is not so cru­ell as to keepe him alwayes in prison, and make him to indure a lin­gering death, wherein the vndoing of wiues and children are made partakers vniustly.

Concerning fraudulent dealers the Law is, That by making Ces­sion they shall not bee relieued, and may bee apprehended in the Church: whereas a free-man cannot bee arrested or taken in the Church, but may be vnto him a place of refuge.

If hee bee found a fraudulent man by his bookes of account, then any bargaine or sale made two or three dayes before his breaking, by goods sold good cheape, may bee recalled and auoyded; and in like [Page 226] manner, if he pay one man after his breaking, the same may be taken to be done in fraud of all the other creditors, and may be recalled for the generalitie. So goods bought by him before breaking, if they be found in esse, may be claimed by the Seller to his particular vse and payment againe.

All coniectures of fraud may bee augmented and aggrauated against the fraudulent man, according to the saying, Semel inuentum decies factum.

If any man do breake in partnership, the partnership is ipso facto dissolued by law: but the credit of the other remaineth, paying the debts of the partnership.

Also any commission giuen by him (for the partnership) is void in­stantly: howbeit, if a Factor by ignorance of his breaking, haue cau­sed his commission to be followed; that which is done doth bind the Master, and shall excuse the Factor.

Suspitious Debtors.A debtor suspected by others, may be touched before moneys be due, and the creditor may attach some of his goods or pawns: which is the cause that the writ of Latitat out of the Kings Bench court may be serued vpon them to find sureties for their apparance (at the re­turne of the writ) before the Iudges of the said court. But the lawes in diuers countries do verie much differ in the proceedings and execu­tion of these fraudulent men.

A question for suretiship.Here ariseth a question, Whether a Suretie can pretend to be dis­charged, if the Creditors haue made or agreed with the Principal for a longer time of payment, and the Principall breaketh? The answer is, That if he knew of the new agreement of the said partie for a longer time, he is liable thereunto; otherwise being bound as a Sure­tie for a time limited, he ought to be cleered at that time, or to make suit or demand to haue his satisfaction of the Principall, as also of the Suretie, which being neglected, doth in equitie discharge the said Suretie: the reason is, because if the Suretie do break at or before the time of the payment, the Creditor may demaund another Suretie in that mans place which is broken, wherein the law is verie indifferent. And this is the cause that diuers Lord Chauncellours of England (for moneys taken vp at interest vpon bonds) were of opinion, That when the said moneys are continued or prolonged at interest, the bonds should be renewed, and the counter-bonds also, and not to leaue the old bonds for many yeares to be vncancelled; for it doth oftentimes happen vpon occasion of absence of some of the parties, that a new bond is sometimes sealed, and the old not taken in, which breedeth contention; for the new bond being made, the old is void, and yet may be vncancelled, and also put in suit by some executor or administrator ignorant of the other new bond taken for the same, and paied long before: Albeit herein it seemeth, there is more rea­son not to make new bonds; howsoeuer diligent care must be had herein both by the parties and Scriueners which make the bonds.

Concerning agreements to be made between Bankrupts and their [Page 227] Creditors, there is a question made, That if Creditors do agree with their Debtors for some part of their debts, Agreements to be made be­tween a Bank­rupt and his Credi [...]ors. because of the Debtors losses and misfortunes, Whether, when the parties being become rich againe may reuoke their agreement? And the law hath deter­mined this question, That if vpon the agreement, there be an Acqui­tance made by the Creditor, then the same agrement is absolute and cannot be reuoked, vnlesse the Acquittance were conditionall.

The greatest number, or the greater summe of the Creditors be­ing agreed with the Debtor, are bound to be conformable with the other, and to do the like with the helpe of authoritie, not onely by the Ciuile law, but also by the Merchants Court of Prior and Con­suls, which authoritie is alreadie noted before to bee in the Lord Chauncellor. But the difference is great betweene the greater num­ber of the Creditors, or the greater summe: for a man may haue an infinite number of small Creditors, or few Creditors for verie great summes by him owing; so that the greater number should ouer­rule the greater summes. It is therefore thought conuenient to fol­low the greater summes, which neuer the lesse doth not hinder the smaller number to proceed vpon goods appertaining to the partie, if they can find them, if by the said authoritie the whole estate of the Decoctor be not managed: Bills of con­formitie in Chancerie. wherupon the Bills of conformitie were of late yeares vsed in the Chauncerie, which by the Parlement An­no 1621 are made void, because of diuers great abuses committed in thedefence of Bankrupts, who to shelter themselues from the ri­gor of the Common-lawes, did preferre their Bills of complaint in Chauncerie, which was in the nature of a Protection, and the parties broken, became to be releeued for easie compositions with their Creditors, albeit at charges another way extraordinarie.

Now concerning fugitiue persons (being indebted) if they be Mer­chants, they are taken pro confesso to be Decoctors or Bankrupts, Fugitiue Mer­chants. for they in substance by their absence denie to giue a reason of their los­ses to their Creditors, which they ought to do, if by fortune they are to haue good and fauourable dealing, if it shall appeare (that by los­ses and not by wastfull or lewd behauiour) they came behind hand, whereby the Creditors are induced to diuide in some measure the parties goods amongst them, as they may by the law and custome of Merchants.

The statute (made in the 34 yeare of King Henrie 8) hath well pro­uided against these fugitiue persons, Proclamation against fugi­tiue Mer­chants. that a Proclamation shall be made against them, That if they doe not returne within three mo­neths after they shall haue notice of it (which by Affidauit must be certified) to present themselues in some conuenient place to be de­clared, that then they shall be proceeded against, as if they were contemners of the lawes of the realme. And in the meane time (by order from the Lords of the priuie Councell, who haue authoritie to grant a warrant for the Proclamation) all such reuenues of lands or goods to be sequestred, and afterwards to be sold as cause shall [Page 228] require for the paiment of the Creditors, which execution hath late­ly beene practised against diuers, but lyeth onely against the kings subiects, but not against strangers, nor other persons which are not Merchants or trades-men.

All meanes of strict proceeding are to be vsed against those fugi­tiue Merchants, as also other Decoctors, and against them that do giue them any aide or assistance, which is not tollerated by the law: for he that will helpe them because he may the sooner recouer of him his owne payment, may be conuicted of fraud by the law, when it is found out and discouered; besides that, the other Creditors may call that mony backe againe to be distributed amongst them. And the Dictio, Nullo modo, How to be tak [...]n. nullo modo is to be vnderstood at no time, and without any rea­son of excuse, in all other things prohibited by the law, especially in this which concerneth the disturbers of commerce, so much to be ce­lebrated. And because many questions do arise by the meanes of the interruption of trafficke by Bankrupts, and that (as I haue noted alreadie) the lawes in most countries doe differ in the proceedings against them: I haue therefore in this Chapter made a more ample discourse, both of the Ciuile Law, the customes of the Merchants courts, and the examples and lawes of other countries, to preuent the multiplicities of cases which might be alledged by true obserua­tion of the premisses.

A question which concer­neth the estate of Bankers.The question concerning Bankers which haue their seuerall places or Bankes in diuers iurisdictions, and become Bankrupt, How their Creditors shall be dealt withall in the diuiding of their estates be­tweene them, is worthie the obseruation: for whereas they keepe two, three, or more Bookes of account in seuerall places, and therein distinguish the Creditors of their seuerall Bankes: The Ciuilians are of opinion for the most part, That the Creditors of one iuris­diction should not participate with the Creditors of ano­ther iurisdiction, and haue put the same in practise; but the court of Merchants do vse to take an account of the state of the Bankrupt dispersed in all countries, and diuide accordingly. (*⁎*)

CHAP. XLV. Of Manufactures.

HAuing so often inculcated that important argument, whereby true Merchants are to be carefull, That trafficke and commerce may be profitable as well to the common-wealth, as to themselues; we may not omit to intreate of Manufactures, as an impor­tant matter to the customarie Law of Merchants, considering the aboundance of materials and stuffe which the realms of England, Scotland, and Ireland doe affoord, Idlenesse the root of all euill. whereby the people may be set on worke to auoid idlenesse (which is the root of all euill) most dangerous in countries which are populous.

Experience demonstrateth vnto vs, how many other nations (ha­uing not stuffes of their owne, but from others) do neuerthelesse set their people on worke vpon the stuffe and materialls of other coun­tries, making and dispersing the same into a large trade. Therefore it is conuenient to incourage all men to reward new inuentions with some priuiledges for a time, and not for euer, New inuenti­ons to be re­warded. to auoid the course of Monopolie, and to make the benefit to the common-wealth more ge­nerall, which maketh men painefull by the radicall moisture of gaine, whereof Merahants are to haue a consideration so to reward the ar­tificers and handy-crafts-mens labours, that they may liue by their worke, according to the Dutch Prouerbe, which themselues vse so frequently, Leuen ende laeten leuen, To liue and to let others liue. This is to be regarded also by states-men, Liue and let liue. forbearing to impose ouer great Customes to be paied vpon commodities, whereby the people is set on worke both vpon goods imported and exported. It is therefore prohibited in France, that tallow be brought in, but not candles; old shoes, but not cobled; paper, but not cards, and the like; much more for richer wares, as silkes, cotton-wools, and linnen &c.

The commodities which are not made at all, or but in small quan­titie in England, and may be practised, are manie, as Buckrams, Ta­pistrie, Bustians, Cambrickes, Canuas, Cables, Babies, cloth of Gold and Siluer, Damaske, Diaper, Mather, Paper, and diuers other things; all which may bee made in time, Quia nemo nascitur artifex. And herein is to be considered, That all other nations being carefull [Page 230] to maintaine manufactures, cannot but take an offence, if any other nation will endeauour to doe all, and to exclude others, which extre­mitie enforceth another; One extremi­tie enforceth another. as we haue found by the enterprise of the late new companie, for dressing and dying of all the white clothes in England, which caused other nations to make clothes of their owne by the woolls of other nations. For (as hath beene noted) it is con­trarie to that common entercourse and mutuall course of commo­dities, whereof some countries are destitute, and other countries do abound, thereby supplying the barrennesse of the one, with the superfluities of the other, maintaining a friendly correspondence and familiaritie.

The Impresa, Sceptra foeuent. Artes, may better be attributed to common-weales or popular gouernments, than vnto Monarchies or Kingdomes, because experience proueth the same vnto vs, by the great quantities made of manufactures, and dispersed by way of trade; as we haue noted by the laudable engrossing of them at Norenbourgh.

To vndersell commodities is verie dan­gerous.The striuing of making commodities, and to vndersel one another, are dangerous, and preiudiciall to both parties: for by their contenti­on they hinder each other, and bring commodities to be lesse estee­med. This is a matter of great consequence for statesmen to be ta­ken into their serious consideration; for as the Spaniard saieth, Quien todo lo quiere, todo lo pierde.

Setting the fishing trade apart (which causeth all sorts of poore to imploy their hands, though they want legs) let me recommend vnto you, Bogging of Peate and Turfe. the making and bogging of Peate and Turfe, the rather for the want of wood, which England is like to haue in progresse of time, the woods being much decayed and inhaunced in price, and Peate and Turfe may bee made seruiceable to supplie the vses of wood, and set an infinite number of people on worke. As the ma­king of Yron, and all other mettalls made in fowndries and fineries: the boiling of mineralls, as Allome, Salt-peeter, Copperas, and the like, the burning of Brickes and Tyles, the making of Glasse, the refining of Sugar; besides the common vse for brewing, baking, dy­ing, and other professions, and euerie man consuming wood more or lesse in his house, besides sea-coale.

Commodities by the bogging of Turfe.And here I cannot omit to say something of the commodities which wil redound hereby to the commonwealth, namely all boggie wast grounds and quagmires (vnprofitable and dangerous for feeding of cattle and deere) shall be conuerted to profitable vses, in the ma­king of Peate and Turfe, and (in time) with the oft dreaning of the waters, turne to firme ground and fish-ponds. It will preuent the oft drowning of deere and cattell, venturing for some grasse grow­ing in bogs and quagmires, whereby also many of them become rot­ten by drinking the vnwholesome red waters thereof. All the said grounds wil be safer and pleasing for hunting and planting of woods, and the fish-ponds may be planted round about with Osiers & hazel­wood [Page 231] for hoopes, with diuers other profitable meanes, as in Hol­land: for the said turffe is to bee made according to their manner, auoiding the sulphurous smell, by two yeares drying of them be­fore their vse, and then they will in time bee vsed by most men which now find the said turffe to bee offensiue, as they did in the be­ginning when sea-coales came to bee vsed in priuate mens houses: if this had beene followed, the bogging of turffe had beene alreadie pleasing and profitable.

Next let vs somewhat digresse from Manufacture, to Apifacture, Apifacture of Hony & Wax. (and with Salomon the wise, send the sluggard to imitate the paine­full and laborious Bees) for the increase of Hony and Waxe in England, Scotland and Ireland, and others of his Maiesties domi­nions: and let mans helpe succour this Apifacture, if it may be so cal­led, as followeth.

The meanes to increase Hony and Wax, doth properly consist in the preferuation of Bees, and the making of conuenient Skepes or Bee-hyues after a new inuention: Namely, you may make your Skepes either with Straw or Wicker of two sorts, The Beehyue of two pieces. and to bee of two pieces, to take off at the crowne or neere the midst of the Hyue; that when they haue gathered and filled vp their house, and that the roome is scant within then take away the vpper halfe and clap on a boord, or the bottome, or head of a pitch Barrell or tarre Barrell, or the like hauing pitch on it, casting Mault meale, or Beane meale vpon the same; and then daube it well with clay about the skirts, and setting on with your clay mixt with some salt; and when you haue thus done, then raise it vp below with so many wreythes, as you tooke aboue for the gelding of your Hyues before, which is verie needfull to make the greater plentie and increase. For ma­king your Skepes in this manner, the Hony may bee taken at all times; but especially, when you doe perceiue by the lifting vp of your Skepes, that your Bees are well prouided for the Winters pro­uision, and that there bee plentie of food yet to gather, then cappe them. Take a strong wyer, make it flat, and cut your combes in two, and then haue a parchment in readinesse to follow the wyer, to keepe a sunder the wax from cleauing, laying on your boord with pitch and meale, as aforesaid. This to be done in Summer.

CHAP. XLVI. Of Plantations of People, and new Discoueries.

WHen the Common-wealth of the Empire of the Romanes grew to bee very populous, and men (idle) would haue stirred more commotions: Plantation of Colonies of people. Then the Plantation of Colloneys of people in other Countries was most necessarie to bee practised, and meanes also to set the people on worke, or to imploy them in the warres, to go­uerne the quiet [...]r at home. And at this day in Rome and many other places in Italy, if a man shall be found to liue idle and want meanes, offer is made vnto him to draw a lot for a summe of money, be it 30 40, 60, or a 100 ducats (as he may be reputed) to haue that money, or to become an Officer in their Gallies, where other malefactors are confined to serue. Three Impo­stumes or the world. For vnlesse the three Impostumes of the world, namely, Warres, Famine, and Pestilence, doe purge that great Bodie; all Kingdomes and Countries become very populous, and men can hardly liue in quiet, or without danger. Merchants there­fore seeking to discouer new countries, are much to bee commended and cherished, and their Customes are to be obserued as a Law per­manent, which hitherto haue beene herein kept vnuiolated.

The vnfatigable industrie to make a compleat Plantation in Vir­ginia, and the Island of Bermudus, Plantation of Virginia and the Bermudus. (which hath beene verie charge­able) might haue beene farre better, if honest housholders and fa­milies of some abilitie hath beene induced thereunto by benefit and profit at the beginning, and meere poore people and vagabonds had not beene admitted but afterwards. This inducement should haue wrought in their Idea, an imaginarie common-wealth, and ought to haue beene done in this manner following.

Make choice of some honest Shoemakers likely to try aduentures and to inrich themselues, know of them how many paire of Shoes they make yearely, whereby they liue and their families, although victualls be deare. Then let them know, that foure or fiue times so many shall be taken from them, and Leather bee deliuered them, if they will goe and inhabite in Virginia, where they shall haue houses and lands for themselues and their heires for euer, and their worke [Page 235] shall be taken from them, and they shal be duely paied, and that a cer­taine number onely shall haue this priuiledge for certaine yeares, and none others to be admitted, albeit the number of people doe in­crease; wherby they may be sure of a certain beneficial liuing. And no doubt they wil aduenture that little they haue to inrich their means and estate, and persuade their wiues and seruants to go with them, who may succeed them vpon other good conditions. The like is to be done with Taylors, Bakers, Brewers, and other handicraftes-men, and (so conceauing a common-wealth within themselues) wil resolue and encourage many that are of some meanes to accompanie others of smaller means, whereby the base minded will be brought to be al­so painefull and industrious in time, and the charge of the vnderta­kers will be lesse, and more commodious to prouide the voyages with facilitie.

The like was to be put in practise by the Hollanders, in the Island of saint Thomas vnder the line: but the extreamitie of the heate of that Climate did bring a disorder, and the attempt was giuen ouer. It is more like to be established in other places: for albeit the warres in Europe will diminish the people, yet most countries are populous.

Politicians although they are much mistaken in the number of parishes of seuerall kingdomes, yet are they not in the number of the persons or inhabitants.

France containing by late estimation about 27400 parishes, What people in France in numbers &c. estee­med in 44 hundreth thousand families, of fiue persons to a familie (where in England six persons are accounted to be in a familie) is 22 millions of persons.

England containing 9725 parishes, 52 shires, and 26 cities, is esteemed in 28 hundreth thousand families of six persons, which ma­keth 16 millions, and 800 thousand persons.

Scotland containing aboue 4000 parishes, is esteemed to haue about 1500 thousand persons or families of six persons, is nine milli­ons of persons.

Ireland containing 5500 parishes, was esteemed not to containe the two third parts of Scotland, which is now much increased.

The prouince of Flanders (one of the 17 Netherlands) esteemed to containe 140 thousand families, of fiue persons, is 700 thousand persons, which is more than the kingdome of Denmarke being ten times more spacious.

Now omitting to speake of other countries, Too populous is dangerous in Monarchies let vs obserue that in all popular gouernments, be it an Aristocracie, or Democracie, the meanes to make countries populous is thought reasonable, which in Monarchies is held to be dangerous. The concourse of people cau­seth the greater consumpsion of all things, and the reuenues are great by Impositions, and it giueth life to trafficke and commerce.

The Plantation of Vlster (one of the foure Prouinces of Ireland) is now verie great, and the meanes to set the people on worke are to be taken in hand, which may be done by a Corporation of English [Page 236] and Irish Merchants there inhabiting, and English Merchants in Eng­land to vent the superfluities of the commodities of that kingdome, and to increase the manufacture of many needfull commodities to bee made there, the realme affording stuffe and materialls thereun­to plentiously.

And here I remember a good obseruation heretofore made touch­ing the kingdome of Ireland, Why the same was not brought vnto perfect obedience to their soueraigne these 400 year [...]s, but vnder our most gratious king Iames? which is attributed to the mistaking of the place of the plantation of the first aduenturers, that were decei­ued in their choice; Fit places for plantation to be considered of. for they sate downe and erected their castles and habitations in the plaines and open countries, where they found most fruitfull and profitable lands, & turned the Irish into the woods and mountaines, which, as they were proper places for Outlawes and Theeues, so were they their naturall castles and fortifications: thi­ther they draue their preys and stealths; the lurked there, & waited to do euill and mischiefe; for these places they kept vnknowne, by making the waies and entries thereunto impassible; there [...]hey kept their cattle, liuing by the milke of the cow, without husbandrie or tillage; there they increased and multiplyed vnto infinit numbers by promiscuous generation among themselues; there they made their assemblies and conspiracies without discouerie; but they dis­couered the weaknesse of the English dwelling in the open plaines, and thereupon made their fallies and retraits with great aduantage. Whereas on the other side, if the English had builded their castles and townes in those places of fastnes, & had driuen the Irish into the plaines and open countries, where they might haue had an eye and obseruation vpon them, the Irish had beene easily kept in order, and in short time reclaimed from their wildnesse, and would haue vsed tillage, and by dwelling together in towneships learned mecha­nicall Arts and Sciences. This discourse may seeme strange to the Law of Merchants: but when Merchants vndertake Plantations (as we see they do) no man will hold the same to be impertinent.

The discouerie of the South­erne countries called Terra Australis.And for as much as diuers Mathematicians heretofore haue accor­ding to those discoueries made their maps, and vpon good proba­bilitie affirmed and set downe Terra Australis incognita, whereof dis­couerie hath beene made in the yeare 1615 by Ferdinand de Quir, a Spanish Captaine; let vs consider, that many other countries may also be found out: albeit this containeth a fifth part of the world, for (as he saieth to Philip the third, late king of Spaine) the length there­of is as great as all Europe, and Asia the lesse, vnto the sea of Bachu, Persia, and all the Isles, as well of the Ocean, as of the Mediterra­nean sea, taking England and Island into this account; seated with­in Zona Torrida, and a great thereof reacheth vnto the Equino­ctiall Circle, eleuated vnto them to 90 degrees aboue the Horizon, and in some places a little lesse.

There they liue without Kings or Lawes, and know no neighbour­hood [Page 237] either of Turkes or Moores; and according to this maner of life (al­though they want Yron and Guns) they haue not need of any thing. But they abound with many excellent commodities, whereof the Spaniards will in time make vse, especially if they be more assured of Gold there to be found, as in part they are of Siluer and Pearles; for these are the three most pretious darlings that lie and are cherri­shed in the bosome of Nature. To say nothing of Spices and Drugs whereof they abound, with many other commodities, by the said Captaine declared.

And here we may not omit to remember, That it is not enough to discouer countries, and leaue them without plantation, or at the least neglect the vse of them▪ if Merchants do giue ouer their enter­prises: But it is the part of Princes to see plantations made, True causes to make planta­tions. for two maine reasons, That is, to conuert the inhabitants or neighbours to Christianitie; and, to the end such temporal blessings may be enioyed as the land and seas do affoord: most requisit to be done in the Island of New found-land, bordering vpon the coast of America, from which it is diuided by the sea, so far distant as England is from the neerest part of Fraunce, and lyeth betweene 46 and 53 degrees North latitude, as Captaine Richard Whitbourne hath verie well de­clared in his discouerie, affirming the spaciousnesse thereof to be al­most as Ireland: and therein he hath noted many disorderly cour­ses committed by some Traders and fishing Merchants, in setting forth to the New-found-land, which are worthie the obseruation and knowledge of Merchants, because that the like errors may not be committed in other voyages, which by this good aduice may be preuented or reformed.

It is well knowne, saieth he, Worthie con­siderations for plantation for the fishing trade. That they which aduenture to New-found-land a fishing, beginne to dresse and prouide their ships readie commonly in the moneths of December, Ianuarie, and Februarie, and are readie to set forth at sea in those voyages neere the end of Februarie, being commonly the fowlest time in the yeare: and thus they do, striuing to be there first in a Harbour to obtaine the name of Admirall that yeare, and so to haue the chiefest place to make their fish on, where they may do it with greatest ease, and haue the choice of diuers necessaries in the Harbors. And thus by their hasting thi­ther, oftentimes there comes not only dangers to themselues, but al­so great mischiefe and losses to many others which arriue there after the first, as it may by that which followes truely appeare.

For by the hasting forth (as now they vse) they greatly endanger themselues, being many times beaten with rough and stormie windes, and oftentimes they are thereby forced to returne backe with great losse both of mens liues and goods, as it is well knowne; so that to get the superioritie to arriue there first in an Harbour, they will beare such an ouerprest saile, and in so desperate a maner, as there are no true vnderstanding sea-men that vse the like to any place of the world. For albeit when the fogs are thicke, and the nights darke, [Page 238] that sometimes they cannot discerne the length of three ships in the way before them, and the yee often threatning much perill vnto them; yet on runnes the ship amaine so fast as po [...]sibly she may, when commonly most part of the companie are fast a sleepe, euen with ex­treame hazard of their liues. Thus many times both ships and men haue beene cast away suddenly, to the vtter vndoing of many aduen­turers and families.

And also this vntimely setting forth consumeth a great quantitie of victualls that might be saued to better purpose, and it forceth them to carrie and recarrie many more men in euerie ship (euerie voyage) than they need, if they once take a fitter course.

Such Stages and Houses that the first arriuers find standing in any Harbors (wherein men set diuers necessaries, and also salt their fish) some men haue vsed to pull downe, or taken their pleasures of them: by which vnfit disorders of some first arriuers there yearely, those which arriue after them are sometimes twentie daies and more, to prouide boords and timber to fit their boats for fishing, and other necessarie roomes to salt and drie their fish on, whereby much time is lost, and victualls consumed to no purpose, and thereby also the voy­ages of the after-commers are often greatly hindered and prolon­ged, to the generall hurt of the common-wealth: and the mariners themselues which commit those great abuses are thereby also much wronged, as themselues may conceiue.

Wherefore if such as henceforth aduenture to that countrie, take some better course in that trade of fishing than heretofore they haue vsed, they shall find the greater safetie of their aduentures, and much good thereby. Penefits arising by reformati­on about fish­ing. For whereas heretofore they haue vsed to make rea­die their ships to saile in those voyages in such vnseasonable time of the yeare, whereby they often receiue such hinderances and losses, they need not then to go in the said voyage vntill the fiue and twen­tieth day of March, which is a fit time of the yeare to put forth to sea from our coast to that countrie, the Winter stormes beginning then to cease: and then any such ship which carries in her thirtie men in euerie voyage, may well leaue six men there behind them, or more all the Winter season, vntill the ships returne to them againe; and these six mens victuals will be saued and serue to better vse, and thereby also cut off that moneths setting forth in those voyages so soone in the yeare as now men vse to do; and then the victualls for that moneth (which is so vainely, and with such great danger consu­med) may well maintaine those men which are left in the countrie all the Winter season, till the ships returne to them againe, with a verie small addition to it.

Couenient priuiledges to be granted.And it may be thought reasonable, That men which will vnder­take to settle people in New-found-land, shall haue this priuiledge, that in case he leaue there a fifth person (of such as he carries thither in his fishing voyage) to inhabite, whereby those men so left might keepe a certaine place continually for their fishing and drying of it, [Page 239] whensoeuer their Ship arriueth thither: then would all such as leaue people there, build strong and necessarie roomes for all purposes, and then in some necessarie houses and roomes they may put their fish when it is dryed, which fish now standeth after such time it is dryed, vntill it is shipped (which is commonly aboue two moneths) in great heapes packt vp vncouered in all the heat and raine that fal­leth, whereby great aboundance of good fish is spoiled yearely, and cast away for want of such necessary rooms. And for the want of such fit houses some mens voyages haue beene ouerthrowne; and then a meane place to make fish on wil be made more commodious than the best place is now, that men so dangerously and desperately runne for euerie yeare.

And thus euerie mans fishing Pinnaces may bee preserued in such perfect readinesse, against his Ship shall yearely arriue there againe; which Pinnaces are now often lost, and sometimes torne in pieces by the first arriuers there, very disorderly: and if such Pinnaces, Stages, and Houses may bee maintained and kept in such readinesse yearely, it would bee the most pleasant, profitable and commodious trade of fishing that is at this time in any part of the world.

For then euerie Ships companie might fall to fishing the verie next or second day after their arriuall, whereas now it is twentie dayes before they are fitted; and then such Ships should not need so soone to hast away from England by one moneth, at the least mens liues might be thereby much the better saued, lesse victualls wasted, 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 [Page 240] 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 pre [...]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 [...] 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, Ca [...]dan, and others. That there be scarse 120 seuerall kinds, and not much more of the fowl [...]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 [Page 242] Brittaine: which inhabitants (vpon the decease of the said English­men) tooke the whole trade to themselues, which afterwards hath beene disperced into many other Townes, whereby the trade is so in­creased, that Holland and Zealand haue aboue 2000 Busses or Fish­ing Ships, which doe make ordinarily two or three voyages yearely, albeit their countrey is remote from our Seas; and England, Scotland and Ireland haue the fishing (as it were) at their doores. And such is the blessing of almightie God, that aboue sixe hundreth thou­sand Lasts of fish are taken yearely in the dominions of the King of Great Brittaine onely, ommitting the quantitie of fish taken in Den­marke Seas, Russia, New-found-land, Spaine, Italy, and other dominions.

And here I am to make a little abridgement of the collection of one Tobias Gentleman, a Fisher-man, who made a Treatise touching the same, intituled Englands way to win wealth, and to imploy Ships and Mariners, That fishing is lawfull, [...]easi­ble, and profi­table. proouing first, The lawfulnesse of it by his Maiesties sub­iects of Great Brittaine; secondly, How feasible it is for them by the exemplarie actions of other Nations, that haue nothing growing in their owne land for that vse, but are constrained to fetch all out of other countries; lastly, That the trade of fishing is profitable, by the successe seene with the Hollanders being rich and opulent, notwith­standing their long warres, and which themselues doe call to be their chiefest trade and principall Gold-mine, whereby many thousands of their people of trades and occupations are set on worke, maintained, and doe prosper, Proclamation of the States of the vnited Prouinces. as may bee seene by their Proclamation annexed to the said Treatise.

Hereupon hee sheweth, That about Mid-may they make readie their Busses, and Fisher-fleetes, and by the first of Iune (their Stile) they are seene to sayle out of the Mase, Texell, and the Vly, a thou­sand sayle together for to catch Herrings in the North Seas, being most of them ships of 120, or 100 tunnes, and the other 60 tunnes or thereabouts; hauing in them 24 men, and some 16, and 20 in euery ship; & they continue their course North-west and by North, vntill they arriue at the Isle of Shotland, The scituation of Shotland Isle. which is the dominion of the king of great Brittaine, and the greatest Island of the Orcades, & lyeth in the height of 60 degrees of Northerly latitude. And by the 14 day of Iune (which is by their law a time limited to lay their nets) they begin to fish, & do neuer leaue the skoales of herrings, but come along amongst them, following 500 miles in length, lading their ships twice or thrice before they come to Yarmouth, sending them away by the Merchants ships that send them victuals, barrels, and more salt and nets if they need any; which ships are called Yagers, that is to say Hunters or Doggerbotes, and these ships docarry them, and sell them in the East countries, some to Riga and Reuell, some to the Narue, Russia, Places to sell Herrings. Stockholme, and all Poland, Prussia, Pomerland, Lituania, Statin, Lubek, and Denmarke; returning Hemp, Flax, Cordage, Ca­bles, Iron, Corne, Soapashes, Wax, Wainscot, Clapboord, Pitch, Tar, [Page 243] Deales, Hoopes, and other commodities, with plentie of money; and for France, they send for Burdeaux, Rochell, Nantes, Morliaix, and San Mallous, Cane in Normandie, Roan, Paris, Amiens, and all Picardie, and Calice, with the Low-countries of the Archduke of Austria, reconciled with the king of Spaine, returning other com­modities and moneys for the prouenue of their fish. For by their laws all those▪ Herrings that they do catch in Yarnmouth seas, from Bar­tholomew tide vntill saint Andrew (which are rope-sicke) they may not bring home into Holland; and these they sell vnto Yarnmouth men for readie money.

Their fishing for Cod and Lings continually is done with smaller ships (of 40 tun burden) called Pinkes and Welboats, and all this is done with so good order and prouision, Good orders in the fishing trade. that by night and day all is supplyed, and fish taken off instantly. And of mine owne know­ledge, they are so constant in their fishing, that they are conten­ted to haue one good yeare for fishing in seuen yeares. All fishermen are prouided for, and their wiues at home cannot want; for in their care, they may be compared to Ioseph in Aegypt, prouiding for the time of famine.

They haue besides all this (continually in the season) another fleete of Fisher-men (called Flyboats) which are in number some two hundreth or more, and these be at the North-East of Shot­land, hauing small boats with them, called Cobles, and by meanes of them Lings are taken in great aboundance, which they do not barrell, but splet and salt them in the ships bulke. To say no­thing of fresh Fish, and other prettie obseruations of the said Tobias Gentleman, let vs note the commodious fisher-townes of England, as Colchester, Harwich, Orford, Alborough, Donwich, Commodious towns for fish­ing in Eng­land. Walders­wike, Sould, Yarnmouth, Blackney, Wels, Linne, Boston, and Hull by him named; whereunto I may adde Scarborough, Hartlepole, Whitby, Marske, Stockton, Gysborough, New-Castle, and other places in the North. And it is to be much admired, that this trade hath been so long neglected: howbeit some are of opinion, That it would hinder much to the trade of cloth, if fishing were entertained, espe­cially in the returne of our commodities, and that the priuiledges granted to diuers societies (as the Merchants Aduenturers, East-land, The first ob­iection to the fishing trade. and Russia Merchants) should be infringed therby, and so both trades cannot subsist together.

Others say, The second obiection. That other nations are more painefull and industri­ous than we can be, and haue more skill in the cutting, packing, and salting of the Fish; and which is more, they can send away their Fish (and pay no fraight) by their ships going (otherwise) emptie for corne and salt; for they pay but foure shillings for a Last, which is drinking mony. And the Hamborgers hauing heretofore imitated the Hollan­ders to fish with Buffes for Herrings after 5 or 6 yeares triall, haue beene compelled to abandon the fishing, and suffer their ships to lie by the rotting, because they found a losse, and that the [Page 244] Hollander did out sell them, hauing the better and cheaper fish; and the like would befall England, as some haue alreadie found.

To these two obiections, The one being Domesticke, and the other Forraine, I make this answere; which is referred to the iudici­ous reader.

Answere to the first.That the trade of cloth should be hindered by the fishing trade, is not probable, being a distinct commoditie which serueth for the bel­lie, and the other for the backe, and both are sold by vs and other na­tions in one more places, and we both make our returnes home­wards by commodities, money and exchange for moneys by Bills, so that the difference of the persons maketh not any sollid argu­ment: for if we returne commodities for commodities, and they re­turne moneys, we may returne both the one and the 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 [Page 245] 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 ye [...]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 b [...]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 [...] 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, [Page 246] 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.

CHAP. I. Of the Essence or Existence of Mettalls.

ALl Philosophers (by the light of Nature and long obseruation) haue determined that the sperme, or seed of all things, created of the foure Ele­ments, doth in a secret manner lowre within the two Elements of Water and Earth; and that Nature doth continually worke to produce per­fect things, but is hindered therein by acciden­tall causes, w [...]ich are the begetters of corruption and imperfection of all things, whereby we haue varietie of things which are delecta­ble to the spirit of man. Herein they obserue the operation of the Sunne and Moone, Vegitatiue, Sensitiue, and Rationall. and the other Planets and Starres in the generati­on of all things, which either haue a Being or Existence as the Ele­ments haue; or a Being and Life, as vegitable Trees or Plants, or a Being, Life and Sense, as Beasts, Birds, and other liuing creatures; or a Being, Life, Sense and Reason, as Man hath, and all reasonable crea­tures: which knowledge and wisedome (no doubt) the holy Pro­phet Moses did learne amongst the Egyptians. Acts 7.22. But had these Philo­sophers read the Genesis. Booke of Moses of Creation and Generation, they would not haue ascribed the guiding and conducting of all naturall things to the two Leaders, namely the Starres, and Nature. Hence it procedeth, that amongst vegitable things (which haue a Being and Life) they reckon all mettalls, which haue their beginning from Sulphur and Mercury, Tanquam ex patre & matre; which meeting and concurring together in the veines of the earth, doe ingender through the heat and qualitie of the Climate by an assiduall concoction, ac­cording to the nature of the earth wherein they meet, which (be­ing either good and pure, or stinking and corrupt) produceth the di­uersitie of the mettalls of Gold, Siluer, Copper, Tin, Lead, and Yron, in their seuerall natures: and hereupon they haue assigned them vn­der their distinct Planets, to bee beneuolent or maleuolent; The Planets of Metalls as Lead vnder Saturne, Tinne vnder Iupiter, Yron vnder Mars, Gold vnder Sol, Copper vnder Venus, Quickesiluer vnder Mercury, and Siluer vnder Luna. So Mercury or Quickesiluer is one of the seuen mettals, which being volatile and by his volubilitie running with euery one, is in na­ture as they are, either good or euill. And howsoeuer they haue pla­ced [Page 256] Tin vnder the beneuolent Planet Iupiter; experience hath proo­ued vnto vs, that Tin is the poyson of all mettalls. Sulphur is exclu­ded, which they say is of two colours, being white and corrupt in the Siluer, which therefore falleth away; but red and pure in the Gold, and therefore permanent.

These diuersities of mettalls being come to passe by accidentall causes, is the cause that Art (being Natures Ape by imitation) hath endeuoured to performe that wherein Nature was hindered. Where­upon Aristotle saith, Facilius est distruere Accidentale, quam Essentiale, So that the Accidentall being destroyed, the Essentiall remaineth, which should be pure. But this cannot bee done without proiection of the Elixar or Quintescense vpon mettalls. Hence proceedeth the studie of all the Philosophers to make their miraculous Stone, which (I confesse) is very pleasant, and full of expectation, when a man seeth the true and perfect transmutation of mettalls; Transmutati­on of mettalls. Lead and Yron into Copper; the Ore of Lead into Quickesiluer or Mercurie, with a small charge to a very great profit, as it hath beene made for me, vntill the make [...] of it dyed within three moneths after he had made almost foure thousand pound weight, as good as any naturall Mercurie could be, and that in sixe weekes time.

To returne to our Philosophers, concerning the Essence of Met­talls, they haue beene transcendend in the knowledge thereof, for they shew the generation of Sulphur and Mercurie in this manner.

The Essence of Sulphur and Mercurie.The exhalations of the earth being cold and drie, and the vapours of the seas being cold and moist, according to their natures, ascen­ding and meeting in a due proportion and equalitie, and falling vpon some hilly or mountainous countrey, where the influence of Sunne and Moone haue a continuall operation; are the cause of generation, or properly from it is Sulphur and Mercurie ingendered, penetrating into the earth where there are veines of water, and there they con­geale into Gold or Siluer, or into the Ores of Siluer, Copper, and all other mettalls, participating or holding alwaies some little mixture of the best; or being in nature better or worse according to the said accidentall causes. So that they doe attribute the generation to the operation of the influences of the Sunne and Moone: where the Booke of God sheweth vs the creation of all things in heauen and earth, and the furniture thereof; The earth (being the drie part of the Globe of the world) did appeare and was made the third day, containing in it the Ores of all mettalls and mineralls; whereas the Sunne and Moone were created afterwards on the fourth day, whose operation was incident to the things created, but not before. In like manner (say they) are Diamonds, Rubies, and other precious stones ingendred, according to the puritie of the matter, and the portio­nable participation of euery element therein: Exhalations, and vapours, &c. if the exhalations (be­ing subtile) do superabound and preuaile ouer the vapours, then here­of is Sulphur ingendred; and if this subtile exhalation be mixed with the moist vapours, and wanteth decoction, as being in a very cold [Page 257] place, it becommeth Mercurie or Quickesiluer, which can indure no heat or fire at all.

The first mettall mentioned in the holy Scripture, is Gold, which was found in the riuer Pisson, Gen. 2.11. Gold groweth. running through the Garden of Eden into the countrey of Hauila, where Gold doth grow, and this was in the East: according to which obseruation, all the veynes of Mines runne from East towards West, with the course of the Sunne, as shall be more declared.

To this argument appertaineth the Philosophicall studie of Pri­ma Materia, Prima Materia, vel Mercurius Philosophorum. to be found out by experience for the great worke of La­pis Philosophorum, by the operation of the Sunne, in seuen yeares; the practise whereof was made about fortie yeares since, by a Germane Doctor of Physicke, at Dansicke in the East countreys (as I haue been informed by a friend of mine, who was also a Physician) and was done in this manner, according to the bignesse of the bodie of the Sunne, The body of the Sunne, is 166 times big­ger than the whole Globe. being 166 times bigger than the whole Globe of the earth and water, making the circumference of the world; whereupon hee tooke 166 vialls or glasses, wherein hee did put, of all the Ores of mettalls and mineralls, and other things which had any affinitie with mineralls, and some of them mixed, and calcined all of them, and closing or nipping vp all the glasses by fire, he did expose them to the Sun in an eminent place, for and during the said time of seuen yeares, and found thereby (as it was reported) Prima Materia, which was re­duced to seuen glasses; howsoeuer, it was certaine that he grew verie rich, and bought aboue one hundreth houses in that Citie before hee died: which was an occasion, that my friend (imitating him) did likewise place not farre from London seuen glasses, with calcined mettalls made of the ores of mettalls and minerals, vpon a house top against the backe of a chimney, where the repercussion of the Sunne did worke vpon them, which was admirable to behold from six mo­neth to six moneths, not onely by the sublimation of colours verie variable and Celestiall, but also of the rare alteration of the Stuffe, being sometimes liquid, another time drie, or part of it moist; ascen­ding and descending, very strange to behold, as my selfe haue seene diuers times from yeare to yeare: some had beene there two, three, foure, fiue, and one almost seuen yeares, the colour whereof had been yellow, then white in the superficies, then as blacke as pitch, after­wards darke red, with Starres of Gold in the vpper part of the glasse, and at last of the colour of Oranges or Lemons, and the substance al­most drie. Many were the questions betweene him and me, but hee was confident that there was the Elixar, howbeit very doubtfull that hee should neuer inioy the same, and it came so to passe, for after a long sickenesse he died of a burning Ague, and a Gentleman gaue a summe of money to his wife for that glasse, whereof I haue not heard any thing these seuen yeares. In this glasse hee would shew mee the working of this quintescence, according to the description of Ripley, Lapis Philoso­phorum. who he was assured had the Lapis, and so had Friar Bacon, and Norton [Page 258] of Bristoll. Kelley had by his saying, some little part to make pro­iection, but it was not of his owne making. The charge to make it, was little or nothing to speake of, and might bee done in seuen mo­neths, if a man did begin it vpon the right day. The twelue operati­ons of Ripley, he declared vnto me, were but six, and then it resteth; for (saith he) all Philosophers haue darkened the studie of this bles­sed worke, which God hath reuealed to a few humble and charitable men. Ripleys twelue gates. Calcination, Dissolution, and Separation, 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.

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 [Page 260] 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, which is worth aboue eight hundreth thousand pounds sterling; but there is none found now. In the Island of Santo Domingo all is exhausted also; and so will it be in Perou, and the West-Indies: it is more like to continue in Africa and Barbarie, be­cause of the climate, Cold climates haue aboun­ded with Gold. albeit that Hungarie in Pannonia lyeth vnder fiftie and three degrees, and is a colder climate than ours, and neuer­thelesse hath yeelded aboundance of Gold since the yeare 1527, vn­till the yere 1568, as by a certaine record appeareth, which was kept thereof. The King of Spaine was wont to haue from Castle de Mi­na (vpon the coast of Africa) aboue eightie thousand pounds worth euerie yeare, which is now almost decreased to the one halfe: and all along that coast, the Hollanders and the French Merchants com­plaine [Page 261] of the small quantitie now extant, or there to be found, to make returne of their commodities (Hides and Waxe not being so plentifull as in times past.) Turkie is hindered also to haue such quan­titie of Gold as in times past came out of Persia vnto them.

Of the Gold of Ophir, Gold of Ophir we heare but a discourse of old obseruati­on; That Salomon had the Gold from that place to beautifie the tem­ple of Ierusalem, and his pallace. This is held to be the Island of Sumatra or Taprobana, being the greatest of all the Orientall Islands, The scituation of Sumatra. and is diuided from the firme land of Malacca by a strait and daun­gerous sea, by reason of many Islands and Cliffes that are within it. It lyeth vnder nine degrees on the South-side of the Line, which no doubt is verie rich of Mines of Gold, Siluer, and Copper. The Hol­landers did touch there in their first voyage they made for the East-Indies, where the Inhabitants make excellent Brasse Peeces, and are opulent in all things. But I neuer haue yet heard of any Gold brought from thence, neither from the Island of Iaua Maior, which lyeth right ouer the Island of Sumatra, on the South-side of the Aequino­ctiall Line, which may be, hereafter shal appeare; for out of all doubt, mens treasures are hourded vp in Gold in many places. It is recorded that Dauid left in Gold (besides Siluer) 180 millions sterling, accor­ding to the calculation: But Salomon left behind him but one tenth part of that, namely eighteene millions.

Siluer is alwaies found more aboundantly, Siluer Mines. because of the number of Siluer Mines found in diuers countries, and for that all Leade Mines containe some Siluer, especially the poore Lead Mines, the Ore whereof yeeldeth but small quantitie of Lead, either 25 or 30 ll weight in one hundreth of Ore; and that Siluer containeth likewise some Gold, found sometimes to be three or foure ounces in one hundreth pound weight, besides the Copper in the Siluer Ore.

The Siluer Mines of Hungarie and Bohemia, as also Sweaden, are drawne out, but do continue in Germanie (in many places) which haue properly the Siluer Ore of the Celestiall colour with fine grains glistring like little staires. In Saxonie the Mines are richer: so are the Mines of the Seuerstall Mountaines, Seuerstall Sil­uer Mines. which haue continually yeelded six or eight thousand pound weight a yere, but are wrought vpon at leasure.

The Mines in the West-Indies are the principall in quantitie of poore Ore, where manie hands make light worke. For the King of Spaine doth diuide his grounds by proportion to his subiects to worke for him, allowing them money and Quicke-siluer to seperate the siluer from the drossie substance, and they must pay him againe in Siluer after a certaine rate; and were it not for the quantitie of Ore, the Siluer would be verie little. For I am assured by the informati­on of one Don Rodrigo de Cordua of the house of Toledo, a knight who had liued in the West-Indies many yeares, and attended the great Mine of Potosie, Potosie Mine of Siluer in the West-Indies. That the Ore thereof containeth not aboue 1 ½ ounce of Siluer in a hundreth: the like was affirmed by a Portugall [Page 262] called Antonio Diaz, who had dwelt thirtie and two yeares in the said West-Indies. I was interpreter betweene our soueraigne Lord Iames, and the said Antonio, when he made the triall of the Siluer Ore of Scotland in the Tower of London with Quick-siluer before the King, and did informe his Maiestie hereof; as also that the best Siluer Mine that euer was wrought vpon in the West-Indies, did not con­taine aboue eight ounces in one hundreth weight. The Mines in Ger­manie are farre richer: Charles Mine in Misnia. some containe thirtie and fortie ounces, that is to say, by the mixt mettall Ore, taking of it disquisitiuely, or here and there: for the blossome of Siluer appearing in some braunches is fine or better than sterling, which therfore doth not proportionate the goodnesse of the Mine; whereof more hereafter. Now leauing the Mines of the Earle of Mansfield, and others that are in Tiroll and other places of Germanie, we must not forget to giue the due com­mendation vnto the noble Duke of Brownswicke, that to his losse did maintaine the Siluer Mine of the Wild-man, Mines in the Duke of Browneswikes countrie. or Sauage, in his countrie, onely to set the people on worke, being indeed but a Mine of course Lead, whereof he had great store, heretofore, six hundreth weight of Ore making but one hundreth of Lead, and that hundreth of Lead hath but 1 ½ ounce of Siluer, whereof his Dollers are made; expressing the same by the Inscription (which may verie well be assu­med by many, for their Posie) Alijs inseruiendo consumor, As the candle doth, which by consumption of it selfe, doth giue light vnto others. The stampe of those Dollers is a sauage man, holding a burning can­dle in one hand, and the trunke of a tree in the other hand, and the Emperors Armes on the other side.

Siluer Mines of Great Brit­taine.I cannot therefore without griefe discourse of the Siluer Mines of this Monarchie of Great Brittaine, and heartily lament to see them lie dead and buried in obliuion, because I haue heretofore sought to aduance the working of them: for it is now about foureteene yeares since I caused diuers workemen to come out of Saxonie, Brownswike and other places in Germanie at my great charges, to the number of seuenteene persons, some for the Siluer Mines in the Bishopricke of Duresme, Richmondshire others for the Lead Mines in Richmondshire in the county of Yorke, some for the Allome workes there also, and some for the making of Steele in Wales, wherein the noble Lord Eure deceased, and certaine London Merchants had vndertaken to proceed with me. The action being applauded by a great personage then in autho­ritie, and now deceased, who promised all the fauour that he could do: but he had some other priuat designs herein, as he had also in the Siluer Ore of Scotland, whereof we are now to intreate: in so much, that the actions of these two Lords were like vnto Phaetons horses, for all was set into a combustion, and the poore men went begging homewards, to our exceeding great losse of the benefits in expecta­tion, our Mines being richer than those of the West-Indies, wherof I haue made (and caused to be made) many trialls, of aboue twentie seuerall sorts of Siluer Ores. The two Mines of Muggleswike and [Page 263] Wardall at Duresme containe sixe and eight ounces of siluer in the hundreth, which being fallen in, Siluer Mines at Duresme. may with a reasonable charge bee brought in working, according to the information which I tooke of the inhabitants there, at which time I did intend to goe further into Lancashire to Slaithborne Mine, Slaithborne Mine in Lan­cashire. holding aboue foure ounces of sil­uer in the hundreth: but being in the Winter time, and the weather very foule I was diuerted, not without discontent, because it is the countrey where my ancestors and parents were borne.

The Siluer Mine at Combmartin in Cornewall, Combmartin in Cornewall. holdeth tenne ounces in the hundreth, where Sir Beuis Bulmer did worke for a time, which is deepe and ouerflowne with water; but there are diuers branches of that Mine running many miles off spread into the earth, and within these two years some Ore was sent me from Barnestaple of a branch of that Mine, Mines of siluer by Barnestaple lying within one foot and a halfe of the superficies, which vpon diuers trialls of one pound weight at once, holdeth by computation aboue ten ounces of Siluer, but little Lead; for euery pound did produce aboue two penny weight in Siluer, and is not difficult in the melting. The partie in whose ground it is found will not haue it touched nor medled with, fearing his grounds shall be spoiled, and the Mine taken from him, which is knowen aboue halfe a mile of one foot broad. Howsoeuer I thought good to remember this for our posteritie, for there may come a time that industrious men shall be more regarded.

It were also iniurious, Siluer Mines of Scotland. if I should not remember the Siluer Mines of Scotland, especially that Mine which lyeth in the grounds of Sir Thomas Hamilton Knight, Lord Aduocate of Scotland, within eigh­teene miles of Edenborough towards the sea side, discouered in the yeare 1607, by meanes of a Collier, as I am informed. In the report of the goodnesse of this Mine hath beene very great diuersitie, accor­ding as they found the Ore of seuerall veynes, as wee haue noted be­fore, for the blossome of Siluer Ore, A singular good obser­uation. or the small veynes cannot giue true direction of the richnesse of the Mine, which is the cause that the Spaniards in the West-Indies, hauing found any veyne of a Mine, they will pursue the same towards the East and seeke to find out (as it were) the Trunke or Body of the Tree, which they call Beta, saying Es menester siempre buscar la Beta de la mina, Wee must alwayes seeke af­ter the bodie of the Mine; which may bee sometimes three or foure foot broad, when the veynes are like an arme or finger: and according to the triall made thereof they giue their iudgement, not by the tri­all of the subtile assay, but by some good quantitie, and increasing their said trialls by some additements fit for the nature of the met­tall Ore, as they iudge the same to be. For all diseases cannot be cu­red with one remedie in all persons, although the disease be alike; so may it bee said of those that make trialls of the Ores of mettalls, for some trialls did report 80 pound of Siluer in one hundreth weight, others 60 ll, 40 ll, 35 ll, and 20 ll, and then it fell into ounces, which was more reasonable and naturall, as I informed then some Priuie [Page 264] Councellor, Triall of one tun of Ore by Sir Beuis Bul­mer. and the said Sir Beuis Bulmer, whereupon it pleased his Maiestie, and the Lords of the Right honourable Priuie Councell, to appoint tenne Tunnes of the said Siluer Ore to bee brought into the Tower of London, whereof one Tunne of twentie hundreth weight was indifferently taken and calcined or grinded together, and there­unto were two Tuns of Lead added and commixed, and afterwardes molten by a continuall fire and hand-blast of foure men, according as I haue noted in writing. And there was a cake of siluer remaining weighing 17 ½ ounces, and the extraction out of the Lead was some foure or fiue ounces more; so that it was reported to bee 22 ounces in the hundreth weight of Ore, but the charge was great.

There was also another triall made by William Beale, with a farre lesser quantitie of Lead, and roasting the Ore; and by Master Broad and others, as Master Russell, who refined the same with the flag of Lead; others by Lead Ore to saue charges, and they all found a­boue 22 ounces of siluer in the hundreth weight of Ore. And so did Sir Richard Martin Knight, Master worker of his Maiesties Mint, late­ly deceased, who deliuered vnto mee at times 20 pound weight of the said Ore, grinded, shaddered and washed, which I did send be­yond the seas vnto an expert Mint-master, and withall a particular of the manner of trialls which euery man had made here; as also of the triall made by the Portugall with Quickesiluer, who found 23 or 24 ounces; his answere was, That vpon his first triall hee found 42 oun­ces, & of the other lesse, and that the ore was easie to be wrought (but not by the meanes that all those men had vsed) and with lit [...]le char­ges; and that the manner to refine with Quickesiluer, was good for poore Mines of two or three ounces, where the Ore had little or no Lead; Colour of the Ore of Scot­land. and that the commixture of the Mine was very brittle, and Bel­mettall, and so did all the other Refiners affirme. For the said Ore doth looke betweene white and blew for the most part, and is like the Bell mettall found in good quantitie about Bristoll, which is vsed to make some kind of Alkemie beyond the seas, and this must bee al­laied to qualifie the brittlenesse with some minerall, of all which I haue made a record in my Booke of Collections.

Great quanti­tie of Siluer Ore.In the moneth of August 1608, there came two ships before the Tower of London from Scotland, laden with some 400 barrels of this siluer Ore, in weight some hundreth tuns lading, which were there landed & deliuered vnto the Lord Knyuet, Warden of the Kings Mint, whereof 20 tunnes was taken promiscuously and grinded, and afterwards also distributed vnto diuers Refiners and others, and the triall of master Broad was best, who found 28 ounces in the hundreth of Ore. Of this quantitie Sir Richard Martin had three tuns, where­of some was sent to my friend beyond the seas: Interim, these trialls and conclusions so differing brought the said Ore (together with o­ther proceedings) into some disgrace, whereupon (according vnto commission giuen mee) I made an offer to buy the 80 tunnes remai­ning in the Tower, to a great personage, to giue it for 24 pound the [Page 265] tun, to be transported to my friend into Holland paying readie mo­ney: time was taken to giue me an answere, and then difficultie was made, for that treasure was not to be exported, vnlesse by returning the quantitie of siluer by weight; heereupon conclusion was made to bring in so much Bullion of siluer or royalls of plate. But when all came to all, with running vp and downe, and further offering to deale for greater quantities, and to take it in Scotland I was put off with this consideration, That it was a dishonour to England, not to haue men of as good experience as any were beyond the seas, where­by the Kings losse was 2000 ll; for his Highnesse gaue the same afterwards vnto Iames Achinson his Grauer of the Mint heereto­fore, who brought the same to nothing, being vnskilfull of the re­fining of it. And thus are good matters marred in the handling, Good matters marr'd in the handling. and workes brought at a stay or hindered, as I haue before set downe. There are many rich Mines in Scotland, if wee compare them to the West-India Mines; and in Wales, Plus Pencer que dire. where the Lead Mines are poore, they containe the more siluer of 1 ½, two and three oun­ces in the hundreth of the Ore, which will not yeeld aboue 40 or 44 ll weight of Lead, and the Ore of the Mine which holdeth three ounces, containeth but 25 pound of Lead. The Mines most knowne are those in Cardiganshire in Wales, where master Hugh Middle­ton of London Gold-smith, hath bestowed very great charges, as he did in bringing the water-workes to the Citie of London; so he bringeth now siluer to the Tower to bee minted: the Ore being foure ounces in the hundreth, or 80 ounces in the tun, and the lesse in Lead; for the richer the Ore is in Lead, the poorer it is in siluer. So one hundreth of the best Ore of Lead will make neere 70 ll of Lead, and holdeth but 1/ [...] ounce of siluer, not worth the charges of refining, as we shall declare.

The Lead Mines in Ireland, doe containe more siluer than these Mines of Darbieshire, and Somersetshire, called Peake and Men­disse Lead.

The Saxons, which were procured to come into England, had no more, no not so much experience as our refiners of London, for by sa­uing of Lead, they found lesser quantitie of siluer, and so all was gi­uen ouer.

The third sort of Mines Royall, are the Copper Mines, Copper Mines which are found also in diuers Countreys, which are not so plentifull in Hun­garie (where the best is) as in times past; but are very aboundant in Sweaden, howbeit that it is very meane and inferiour in goodnesse. There are also Copper Mines in Germany, and the Duke of Brun­swickes countrey: as also certaine naturall Copperas waters, where­in they cast from time to time great quantitie of old Yron, which within sixe weekes or two moneths doth transmute into Copper. Naturall wa­ter of Coppe­ras. England hath diuers Copper Mines: at Keaswike neere Scotland are made some fortie tunnes yearely by certaine Germanes there in­habiting, it containeth some Gold. Some Mines of Copper Ore [Page 266] are found in Yorkeshire: and albeit the charge of making one tunne of Copper be commonly 30 ll, yet if seuen tunne of Cop­per Ore make one tunne of Copper, it may yeeld good benefit; for whereas 22 fires haue beene vsed, it is brought to 12. I haue seene excellent Copper Ore of some Mines in Staffordshire in the hands of master Stonewell, Staffordshire Copper Mines which absolutely is the best Ore that euer was found in England, hee doth assure mee of great store of Ore. It is lamentable that such workes should lye dead for want of vndertakers, which indeed are discouraged by the great char­ges: In mine opinion the charge of a tunne of Copper of this good­nesse of Ore will be made for 15 ll. There are also good Copper Mines in the West parts of England, where I haue seene good Ore in diuers places, which must be roasted to destroy the Antimonie, Arse­nicke, and other corruptions which are in it.

The working of copper Ore, by Allome and Copperas wa­ter.A certaine Nobleman now deceased, was imbarked in those West­erne Mines, which were promised to be wrought by imbibition of Allome and Copperas water, and the Ore after digestion with raine­water, would make of six tuns one of Copper: hereupon (for 300 ll by him disbursed) he was offered 1800 ll. It pleased his Lordship to take my aduice, and to conclude the bargain; for when I did calculate the charge of grinding and roasting of the ore, the making of the great quantitie of Allome water and Copperas, the consumption of yron plates decreasing in weight, with all the tubs and vtensills, the long time of imbibition, and consequently workemens wages, I found the charge to exceed, and that the course of ordinary melting was to be preferred: and so experience hath since proued the same, to the great losse of the vndertakers. For when workes are clogged with im­mensiue charges in the beginning, it choketh the benefit euer after, as we shall presently declare. Seeing that profit is the radicall moisture of such and the like actions, his Maiestie hath beene graciously plea­sed, to incorporate a Companie of worthy persons, The Compa­ [...]ie of Royall Mines. for all Royall Mines, by Letters Pattents, and hath reserued but one fifteenth part to himselfe. But there is none of that Companie that doth aduance any works, that I can learne. I would to God that the Mines Royal or others, would proue to be worth ten thousand pounds yearely, and aboue; whereby his Highnesse (according to the ancient Maxime of the Law) might claime his interest as they say; for it is well knowne how gracious and bountifull his Maiestie is alwayes.

The great wealth of the West-Indies would not bee so ad­mirable vnto vs, A Spanish Million, is 300 thousand pound ster­ling. the Report whereof is greater than the Truth; and the Spanish Millions are not sterling Millions: Neuerthe­lesse let vs reckon them with the most, which is three hundreth thou­sand pound sterling. And when the Fleet of the West-Indies, and Noua Espagna bringeth eight or nine Millions, it is a great mat­ter. And to make this apparant, I haue heere set downe the grea­test Treasure that euer came at any one time, which was in the yeare 1587, as a prouision for the great Armada then preparing: where­unto [Page 267] unto great beneuolences had beene gathered, in regard of the meri­torious action, which God from Inuincible made Inuisible. The Re­gister of the treasure was (with the most) namely,

• From Noua Espana and Terra firme.
  For the King.
  • 8100 Ingots of Siluer.
  • 12 Chests with Gold.
  • 300 thousand Royals of eight.
  • 20 Cases with Pearles.
  • 1 Chest with Emeraulds.
  • 5600 Roues of Cutchenille.
  For particular persons.

  A remem­brance of the great [...]st reue­nue of the West-Indies.
  • 5 millions Teasted sil­uer.
  • 1500 Markes of Gold of eight ounces.
  • 1500 Markes of Pearles.
  • 1 Chest Emeraulds.
• From Mexico.
  For the King.
  • 1900 thousand Pesos of Siluer.
  • 1100 Markes of Gold.
  For particular persons.
  • 2 millions in Siluer.
  • 64 thousand Hides.
  • 25 thousand ll Indico.
  From Santo Domingo Island,
  • 35 thousand Hides.
  • 900 Chest Sugar of 1000 ll weight.
  • 22 thousand Kintals of Ginger.
  • 13 thousand Kintals of Logwood.
  • 50 Kintals of Salsaparilla.
  • 48 Kintals of Caniafistula.
  • 64 Roues of Cottonwooll.

All the Gold and Siluer was valued at thirteene millions, and all the commodities at three millions, whereof the King had twelue millions and one halfe De claro: wherewith we conclude this Chapter of the Mines Royall, and are moued to write also of other Mines and Minerals contrarie to our first in­tention, but briefely, as followeth. (*⁎*)

CHAP. III. Of Mines and Mineralls.

THe next in order to be treated of are Tin Mines, which are but few in number in all countries, Tin Mines. and in Germanie onely found somewhat plenti­full, but the Tin is blackish and corrupt: so that our English Tin in Deuonshire and Cornewall is the only Tin of all the World, which containeth foure ounces of Gold in a thousand, whereof there is some twelue hundreth thousand made yearely. It hath been sold for many yeares at an vnder value: but his maiestie hath by way of Praeemption aduanced the price thereof, which belongeth to the Dukes of Cornewall, and consequently vnto the noble Prince of Wales Charles, sonne and heire apparant to our soueraigne Lord king Iames. This Praeemption is letten to ferme to certaine Merchants, and the gouernment of the Staneries, with all the good orders obser­ued therein, and the coynage of Tin to demonstrate the goodnesse is profitable to the kingdome, and deserueth great commendation, as is alreadie noted.

Lead Mines.Leade Mines are found in all cold countries, especially in Germa­nie in the dukedome of Brown [...]wike, but it is blacke of colour, and vntill it be refined it is vnseruiceable, and consequently not ven­dible. The old Duke had almost made a wall abo [...]t the citie of the sowes and pigges of Leade, vntill our Leade became deere and scant, and that an Antuerpian did teach them how to refine their Leade in taking away the cobble (which is like vnto a knot in a peece of timber) which made the Leade brittle, and by his meanes all the Dukes Leade was sold in Italie, Spaine, and other places, in France, and elsewhere.

Scotland and Ireland haue many Leade Mines, containing also Siluer.

The Leade Mines of England are scituated in diuers places of the kingdome, but most in Darbishire in the hills of Peake, Somer­setshire, and Wales.

There is great difference in the Ore, as hath beene noted. There are also many Lead Mines in Richmondshire vnder the countie of Yorke, where I went to view them, anno 1606, about Arkendale, and the new Forest, hauing prepared a long Yron boare of eighteene foot [Page 269] long for that purpose, Description of many Leade Mines in York­shire. and there I did obserue within the compasse of ten miles, that the scituation of Arkendale i [...] betwixt two hills, the one lying North called Windike, and the other South-West cal­led Moldersey, adioyning vnto another hill called Pouncy, lying West from Moldersey, all belonging vnto the King, and by lease vn­to sir Iohn Maillorie knight.

There are also adioyning vnto it certaine other hills where lead Mines are, as Swailedale, where my lord Wharton hath his workes, also Readhurst, Cocka, and Fellind being East from Wyndecke. The Mines of Arkendale haue neuer been wrought to any purpose. There is but three smelting cottages which do feed vpon the poore people and inhabitants thereabouts, which at their leasure seeke for Lead Ore vpon sufferance, and bring the same to the melting places, where they fell the same for 20 or 24 ss the load, giuing to the owners three or foure parts in ten, as they can agree, and one tenth to the Parson or Vicar of the Parish or Chappell.

A loade of Ore with them is as much as foure or fiue horses can conueniently carrie, which by computation is some ten hundreth weight, and is also deliuered by a measure called Load; foure of these Loads will make a Fother of Lead of twentie hundreth, their weight being 120 ll to the hundreth London weight; so one hun­dreth of Lead Ore maketh but 30 ll of Lead: which commeth to passe for that their manner of melting is by foot-blast and small fur­naces with wood and charcoale, Foolish maner of melting. casting the Ore of Lead betweene them in small peeces, and so still augmenting their melting, which can yeeld but little, the heat of the fire being choaked with the fewel and drosse of the Lead; whereas flame is the greatest meane of mel­ting of all mettaline Ores, which require furnaces to be made accor­dingly, where thirtie six or fortie hundreth may be molten together, they melting three or foure hundreth.

There is no wood to be had, but within two miles, but sea coale and good peate is neere hand, which may serue better cheape; for they reckon 7 or 8 ss for the charge of a fother for the melting. The Lead being cast into small Piggs of somewhat more than one hundreth weight, are brought on horse-backe through Richmond to Burroughbridge, being about thirtie miles distant, and are conuey­ed by water to Yorke for 2 ss the hundreth, and from Yorke to Hull for other two shillings; so that a Fother of Lead with all charges will not stand in three pounds: and there is a neerer way by Stock­ton on the sea-side (about twentie and fiue miles) which will lessen the said charges.

Now we are come to Yron mines, Yron Mines. whereof almost all countries in Europe are prouided, which do much differ in goodnesse, yet may be vsed according to the seuerall workes whereunto it is imployed; as the Sp [...]nish Yron seruing for Blades, & not so good for other things.

England hath great store of Yron Mines, for by computation there are aboue eight hundreth furnaces. The melting of it by flaming sea [Page 270] coale or Scots coale, saueth a great deale of charges. There are late­ly found more Yron Mines in Fraunce, which Yron being made into bars, is transported into Guinea, Binea, and other parts vpon the coasts of Africa, where it hath continually beene in great estimation, and now becommeth so aboundant, that their profit is but small of those voyages; and so it falleth out at this present for the price of Leade.

The Yron stone in Wales is found to differ from the Steele stone, by meanes whereof a Germane made good Steele in barres, Steele stone. and also Gad Steele. But the patent of sir Baesell Brooke for the making of Steele did hinder the proceedings therein: and Germane Steele is best, vntill of late that a Frenchman (shewing the imperfection of or­dinarie Steele) caused his maiestie to make void the said patent, and to grant another for the making of perfect Steele, surpassing in goodnes the Steele of all countries.

So we find, that our Yron is best for the casting of Ordnance, and that the Sweaden cast Yron Peeces are brittle, and commonly one in seuen will not abide the triall; and of late the broken peeces of ours are made seruiceable for Yron in bars to be cast againe.

Quicksiluer Mines.Mercurie or Quicksiluer naturall, is not yet found in England, but onely in Germanie in verie cold places: and within these thir­tie yeares there are two Mines of Q [...]icksiluer discouered in the West-Indies, which is a helpe to the quantitie which they yearely buy to refine their Siluer Mines.

Sulphure Mines, or Brimstone.Sulphure or Brimstone being found in diuers countries, cannot be better than we haue in some mountaines in Wales, from whence I haue had diuers sorts of Sulphure earth or mine verie rich. Some there is also in Blackemoore and Basedale in York [...]shire; as also ma­ny other Minerals which my workmen did shew me, Minerals of di­uers sorts. as Terra sigillata, Oacre red and yellow, Bole Armoniacke, Tera d' Vmbra, Antimonie, Salniter, Blacke lead, Vitrioll to be made of Copporas: to say no­thing of such things as are made of Mettals, nor of Salt-peeter, which is plentifull.

Allomes are made o [...] stone, slate, and earthAnd now I cannot omit to treat of the Allomes, whereof in many countries great store is made: but the best is at Ciu [...]ta Vecchia in Ita­lie, called Romish Allome, made with small charges, out of a kind of stone which yeeldeth aboue the one halfe of Allome without vsing any vrine or saltish mixture, as they do in Germanie, where they haue both red and white Allome at reasonable rates: so they haue in ma­ny places of the Straits at Constantinople, Carthagena, and other places; Sweaden and Poland are not without it.

In Scotland and Ireland great quantities can be made, had not Eng­land vndertaken so much, whereof I haue set downe the originall, progresse, and continuance concerning those workes at large, the sub­stance whereof followeth in briefe.

Queene Elizabeth of blessed memorie, did in the sixt yeare of her raigne grant by Letters Pattents, vnto one Cornelius de Vos, the sole [Page 271] making of Copperas and Allomes within the Realme of England, which was assigned by him to Iames Lord Mountioy, and being renew­ed for twentie one yeares, was confirmed vnto him by an Act of Par­liament, by vertue whereof one master Lane, his workemaster, made great quantitie of Copperas in Dorsetshire, and the Isle of Purbeke, and some Allome and Copperas was then sold at 30 ll the tun, now vnder three pounds.

Afterwards about the yeare 1604, one master Atherton beganne to practise the making of Allomes in Yorkeshire, about Gisborough, with whom one master Bourchier, now Sir Iohn Bourchier Knight, did ioyne to bring it to some perfection (in hope whereof, and at the sute of the said Sir Iohn) the King in the fourth yeare of his raigne, granted certaine conditionall Letters Patents, to the Lord Sheffield President of the North, Sir Thomas Challoner, Sir Dauid Fowles Knights, and the said master Bourchier, for twentie one yeares, for the sole making of Allomes in Yorkeshire onely, where (in building of seuen houses and the vtensills for working and charges, Aboue Black [...] Moores. with other extraordinaries) they were out of purse in two yeares, some 33 thou­sand pounds, and could proceed no further without bringing in new men; for some of the other gaue ouer in time, and would proceed no further, although the Germanes were now come, which they had sent for. There are rich Allome Mines in the Isle of Wight. Hereupon other Letters Patents were obtained for thirtie one yeares for all England, Scotland, and Ireland, without conditi­ons, and then they were out aboue 40 thousand pounds, and no Al­lomes made to benefit, although the price was raised at a certaintie, and all forraine Allomes prohibited to come in. And his Maie­stie hath beene pleased to enter into the said workes, and layed out so many thousand pounds, as is not fitting to bee expressed. Thus by ouercharging the work [...]s in the beginning, are good busi­nesses ouerthrowne; many are the particulars which I haue obserued in writing concerning these workes. But leauing this, I wish good successe therein, for there is Allome earth enough to continue for euer, and in places West-wards as good and better than any in Yorke­shire.

Now from the Mines of Gold, being fallen to Allome and Cop­peras, let vs end with the Coale pits or Coale Mines; Coale Mines. whereof they make more account in the North, than of Lead Mines, and yet they are aboundant, more than in any countrey of the world. In the lower parts of Germanie, about Acon and Collogne, they haue great store of Sea-coale, but it doth not cake as our Coales; they melt great quantitie of yron stone with it, being like vnto the Coale in Notting­hamshire, or thereabouts, which flameth more, like vnto the Scots Coales. To know the goodnesse of the diuersitie of our Coale, I haue noted in the fourth Chapter of the first Part of Weights and Measures, and now I am to shew how Mines may bee wrought to be­nefit and profit, for the good of Merchants and others.

CHAP. IIII. Of the profitable working of Mines.

PHillip the second, late King of Spaine, perceiuing that many blind Bayards were ouerbold to vn­dertake the working of his Mines of Siluer in the West-Indies: and yet considering on the one side, that without authoritie and priuiledge they could not bee incouraged thereunto; and on the other side (hauing obtained the same for certaine allotted grounds vnto them) they did hinder other men, and themselues proceeded not; did very adui­sedly make all his Letters Patents (as wee call them) conditionall with a Prouiso, A good pro­uiso in Lettets Patents for Mines. That if the Patentees did not proceed in the workes, or discontinue the worke for two yeares, the Patent was void of course, and vpon Certificate made of it, the King made new Grants vnto others. If our King were pleased to doe so, many Grants or Leases made by the Companie of the Mines Royall would be made void, and other men would be incouraged to trie their fortunes vp­on them.

The next consideration concerning Mines, Mettaline and Mine­rall is, That the workes in the beginning be not choaked or suffocated with extreame charges and expences, which doth discourage the vn­dertaker and all others, whereby the works are giuen ouer, or meanes are deuised to charge Princes Coffers with them. For it is true, That things doe prosper best when they are vnderpropped by authori­tie it selfe; which to doe in the beginning were more profitable, than when the charges and expences haue ouerburthened them. For preuention whereof, I made a contract for the Lead Mines in the North parts, which being imitated shall cut off all such charges as commonly the parties doe runne into in the working of Mines, vpon the conceited benefit which draweth more violently than the Ada­mant stone. For as the Portugall Antonio Diaz told the King, Todos los mineros son Ricos, porque quando no lo tienen en sustansia, tienen lo enel animo: All Miners are rich, for when they haue it not in Sub­stance, they haue it in the Mind. The obseruation alreadie noted, concerning the running waters about Mines, must not be forgotten. [Page 273] The Contract before mentioned was in this manner: A profitable Contract. The Mine to bee wrought, and the Ore to be diuided into fiue parts: The owner of the ground or the lessee, to haue one part of the Ore shad­dered and washed readie to be molten, and hee to redeliuer the same in the nature and qualitie aforesaid, and to be paied for it euery 3 mo­neths, paying for euery load twentie shillings. The workemen in like manner to haue another fifth part, and to bee paied accordingly euery weeke. The other / 35 parts to be for the vndertakers, and they to content the Parson for his tithes: by these meanes a man is sure to haue ware for his money, and then to make Furnaces to melt 36, or 40 hundreth at one time, as hath beene touched. For to enter in­to charges before you haue good store of Ore aboue ground, is need­lesse; herein obserue also to work from East to West, or from West to East, vnlesse you find the scituation of the Mine to be such, that being troubled with water, you may make entrances in the lower parts ther­of to auoid the same. If your lead do containe siluer, although it were but an ounce in a hundreth, you may worke it to benefit if you pre­serue your Lead by making of an Yron Cap ouer your Furnace to be drawne vp and downe to receiue the vapour of Lead, which falleth downe againe, whereby the losse of aboue 200 ll weight in one tun will decrease to 80 ll, or thereabouts, and if you haue vent enough for the Litargium, which is your Lead, Litargium of Lead. as it is cast vp by the Foot­blast, or otherwise being red to paint withall, then may you make profitable worke euery way. For Copper, obserue your roasting, to purge your Antimonie and all other corruptions, let not the gliste­ring colour of Marquisite deceiue you, it is but smoake and scurffe. And although Antimonie will bee the eldest sonne of Sol, and con­tend with Sulphur and Mercurie, hold him for a bastard; the thrift, is in ponderous ore for copper, and with a reasonable quantitie you may trie your workes, before you bee at charges in landing of your Ore, and to know how many fiers will bee requisite to make one tunne of Copper, and then land great quantitie of Ore, according to our for­mer contract: If you are not sure of it, let others beare charges and labour with you, and so shall you not ouercharge the worke, but ra­ther find meanes to lessen your charges. The Lead Mines in Wales containing two or three ounces of Siluer, How to refine [...]iluer by Mer­curie. may (in my opinion) bee wrought to great profit by the meanes of Quickesiluer, being roasted by reflection of the fire, and grinded. To the furtherance whereof, I haue thought good to set downe the manner of Potosie Mine in the West-Indies, and as the Portugall did the Scottish Ore; hee did take to one hundreth of the mettall prepared, betweene 12 ll and 15 ll of Quickesiluer, with salt and vinegre; and so sprinkling the said Quickesiluer through a linnen cloth, still vsing a reasonable quantitie of salt (which diuideth the Lead from the Siluer) and vinegre or strong water (but that is costly) he did leaue these substances together 24 or 25 dayes, euerie second day stirring the same with a staffe, in which time or lesse (according to the Minerall) the Quickesiluer [Page 274] doth deuoure or eate vp the Siluer, and leaueth all the other com­mixture: then by straining the said masse, the Quickesiluer goeth thorough, and there remaineth a Paste in diuers Balles, called the Al­mond Paste, To be done by retorts of earth. which by a limbecke receiuing fire, causeth the Quicke­siluer to subleme, and falling downe by the necke into the water, which is in the receiuer stopped close, taketh his bodie againe in the said water, and the Siluer remaineth pure, which commonly is not aboue one fourth part of the weight of the said Paste; your Quickesil­uer serueth againe, and there is not lost aboue sixe pound in the hun­dreth of Siluer: he said also, That hauing once two or three moneths before hand, the Mineralls thus prepared or decocted, himselfe and foure men could refine ten tunnes of it in a day, which is admirable. But these men are like trauellers that sometimes may speake an vn­truth, Cum gratia & Priuilegio. Neuerthelesse, considering that Potosie Siluer Mine holding but 1 1/ [...] ounce of Siluer is but 30 ounces the tunne, which at 5 ss is but 7 ll 10 ss 0, and the losse of the Quick­siluer and all charges deducted there will remaine but little, vnlesse the quantitie of tunnes to bee done in a day should counteruaile the same, to prouide yearly against the comming of the Fleet, although (as I haue said) many hands make light worke, and light gaines and often doth fill the purse: and if the workemen should returne one pound of Siluer for euerie pound of Quickesiluer, there would bee aboue tenne for one, and they to liue by the ouerplus of it.

CHAP. V. Of the Nature of Gold, Siluer▪ and Copper, and of the Moneys made thereof.

FRom the transcendent contemplatiue studie of Philosophers, of vapours and exhalations, to the Essence of Sulphur and Mercury generated into Ores of Mettalls, Wee haue produced, Gold, Siluer, and Copper to the Mint to be conuerted into Moneys. To which purpose let vs now ex­amine the nature of them, and (by inuersion) coyne first Copper, then Siluer, and so come to Gold, according to the beginning of coynes made by the ancient Romanes: notwith­standing [Page 275] standing, that at our comming to the Mint we saw nothing but Gold coyned, whereupon we do remember the verses which were made at their first coyning of Gold.

Such is the qualitie of fine Gold (by reason of the equall propor­tion of the foure Elements therein, The qualities of Gold. that none is predominant ouer the other) that the fire doth not consume it, being also hot and drie of nature, neither is it subiect to any other Element, for there is no rust or scurfe that doth diminish the goodnesse, or wasteth the sub­stance; it doth abide the fretting and liquors of salt and vinegre with­out damage, which weareth any other thing; it needs no fire to be made Gold, as other mettals do, for it is gold as soone as it is found; it draweth without wooll, as it were wooll; it is easily spread in leaues of maruellous thinnesse; you may adorne or guild any other mettall with it; it is not inferiour for making of any vessells; in co­lour it resembleth the Celestiall bodies; it defileth not the thing it toucheth, as Siluer and other mettals; it is not stinking in smell; the spirit of it can by art be extracted, and the bodie (being as red earth) can neuer be moulten without the spirit be againe added thereunto, Difference be­tween naturall and artificiall Gold. as it were infusing life: and lastly, it is medicinable and maketh glad the heart of man, which artificiall Gold doth not, neither is it cor­rosiue as this Gold is, so that a scratch of it will hardly be healed.

But for our purpose of moneys (being soft, and onely hardened by the ayre, deafe in sound, and ponderous in weight) it requireth to make Crowne Gold fit for moneys and workes to haue some allay of Siluer and Copper mixt, which is 1/12 part: howbeit, that moneys are also made of fine gold, wherein (for obseruation sake) we ascribe halfe a graine of allay in twentie and foure Carrats. It hath also by reason of his hot and drie qualitie a propertie, That filling a cup with wine to the brim, yet you may put ten or fifteene peeces of Gold coyned into it by little and little, without spilling, as it were appre­hending and clasping the liquid qualitie of the wine.

It is held for certaine, that the Salamanders wooll, Soda bariglia, or Massacote. and Alumen Plumosum are not subiect to fire, yet are they subiect to corruption.

The stuffe called Soda Bariglia, or Massacote whereof Glasses are made (which stuffe is burnt of certain sea weeds, as we know & daily may see in the Glasse-houses) is not subiect to fire, but altogether to the ayre: But Gold is permanent. Here now ariseth a question, How it was possible that Archimedes Geometricall triall (so much celebra­ted by Antiquitie) can be sure, seeing Gold hath that attractiue power to retaine so manie peeces of it in a cup of wine? For the King of Aegypt being deceiued of his Goldsmith in the making of two Diademes or Crownes of Gold, whereof the one contained [Page 276] much Siluer) was desirous to know the falshood without breaking of them: Archymedes triall. Sixteen pound of Siluer did spil thirtie and six, and sixteen of Gold did Spill but twen­tie, and the Crowne twen­tie and foure, so it was 13 [...] Siluer, and 4 li. of Gold. whereupon Archymedes caused two vessels to be made of one equall bignesse, with receiuers vnder them, and caused them to be fil­led brim full with water, and therein he did put these two Crownes a sunder, and gathered vp the water verie circumspectly, whereof one of the vessels d [...]d spill more than the other; according vnto which, by Arithmeticall proportion grounded vpon the Geometri­call obseruation, he found out the difference betwene the quantitie and we [...]ght of the two waters, and consequently how much Siluer there was put in, in one of the Crownes, in the hew of Gold, which if they had beene both falsified, he could neuer haue found it: for the difference came to be knowne by the bulk or bignesse which cau­sed the more spilling, and the matter was visible in some measure. For I haue obserued by my Instrument made for proportions, Proportion of vo [...]ume [...] Gold, Siluer, and Copper. That the difference in bulke betweene Gold and Siluer is as fiue to nine, and betweene Siluer and Copper as eleuen to thirteene; that the bo­die of Copper is bigger than Siluer, Lead to Siluer as from fifteene to foureteene. Tin is lighter than Siluer, and doth differ from it as nine to thirteene, and from the Gold as seuen to eighteen. Yron dif­fereth from Siluer as foure to three, and from the Gold as six to nine, the bodie of gold is lesser. Quicksiluer commeth neerer, and doth differ as three to foure.

But to resolue the question, we must note the diuersitie of the in­tentions, which were meere contraries; for the one had an intention to spill, and the other to keepe it from spilling, whereas also between the operation of wine and water there may be a difference in this triall.

Thus much concerning the nature and qualitie of fine Gold, wher­unto Lead commeth neerest for ponderositie of weight, bignesse of volume, and deafenesse of sound, as fittest for protection.

The nature and qualitie of Siluer is like vnto the Moone, The qualitie of Siluer. that is, cold and moist; the Sulphure of it white and corrupt, and falling away, as you may see by drawing lines vpon a paper. Betweene the Planets Sol and Luna you haue Venus the Planet of Copper, to allay the same, although Mercurie bee betweene them, which being fixed, ioyneth with any mettall. Copper doth harden the Siluer, and yet as the weaker of the two, is soonest corrupted and consumed for it is in mettals according to the Prouerbe, The weakest goeth to the wall, and the Allay of Copper is done for the preseruation of Siluer. The first moneys, Sicle is halfe an ounce of Siluer. or the Sicles of the Hebrewes was pure siluer weighing halfe an ounce, which was deliuered by weight, and cannot properly be called money, for there was no print vpon it: and being allayed with Copper it hath a smel, The qualitie of Copper. for the Sulphure and Antimonie of Cop­per (being red and corrupt) hath a strong smell, which may (by hea­ting it) be sooner discerned by rubbing: and howsoeuer there are many blanchers for Copper, the best of them all in time will appeare in his colour, being not throughly fixed. The nature of Copper is [Page 277] also cold and moist, and being commixed and augmented with the Calamine stone and lead maketh the yellow brasse, Yellow Brasse. and increaseth the volume from eleuen to fifteene, whereas (as wee haue said before) betweene Siluer and Copper, it is but eleuen to thirteene, which causeth the counterfeiters to be encouraged, notwithstanding the smell and rednes of the colour: Allay of Gold. therefore in the allay of crowne Gold, the Mint-masters in Fraunce and England, do take halfe Siluer, and halfe Copper, which maketh the higher colour of Gold. But in the Low-countries and Germany they take three parts Siluer and one part Copper, which maketh the difference betweene the colour of their crowne and ours, and is the reason that our Gold will sooner weare away than theirs.

We haue alreadie declared the true deriuation of moneys, called by the Romanes Pecunia, of Pecus pecudis, not Pecus pecoris; for they coyning first Copper moneys (and as it should seeme, the wealth of man consisting most in cattell, as in the time of Iob) caused Oxen, Sheepe, and the like cattell to bee stamped vpon their coynes of meere Copper, whereof their Exchequer was called Aerarium, Proportion which was be­tweene Siluer and Copper. being then in greater estimation: for the proportion or value in the time of Numa Pompilius was ten of Copper to one of Siluer, and ten of Siluer to one of Gold, which now by the aboundance of Copper is much altered, notwithstanding the Copper moneys vsed in all countries in some reasonable measure. But in Spaine, being (as it were vnto vs) the fountaine of Siluer and Gold, there it is vsed immoderately: Copper mo­neys of Spaine and Portugall. for they haue so many millions of Copper mo­neys in foure and eight Maluedies and otherwise, and in Portugall of Vintenis, Patacois of so many Reas, that the halfe Ryall (which is our three pence) is onely of Siluer, and all moneys vnder it are meere Copper, without any mixture of Siluer. This quantitie is almost in­credible, for it is not many yeres since during the Kings raign of Phi­lip the third, that certaine Italians (finding fault that his Octauos and Quartillos were too big) gaue the King sixe millions of Ducats to coyne them at halfe the weight, within a time limited, and as ma­ny as they could vtter within that time; Necessitas non habet legem, is true in some respects.

The Venetians also coyne meere Copper moneys, Copper mo­neys of the Venetians. they haue Ses­sini which are valued at two Quatrini, and three Quatrini are one halfe pennie sterling; for six Quatrini are one pennie. Bagatini they haue also, whereof foure make one Quatrini, and twentie and foure Bagatini make one pennie sterling by calculation.

In France they haue Mailles, petit Deniers, Deniers, Doubles, Of Fraunce. and Liarts, & in times past, most of these had some Siluer in them: but vpon due consideration (that it was so much Siluer wasted, because the charges of refining did surmount the value, and that these moneys did serue for the commutation of pettie things and trifles) they haue saued that Siluer. Of Germanie. The like they haue done of all the small moneys in Germanie: but they cause them to be Alkimed like Siluer, which is [Page 278] done with Tin and Sal Armoniake after they be coyned, which hol­deth fairer for a longer time than the moneys of siluer allayed with much copper, being in a maner incorporated with the copper, and ta­keth away the smel of it. Such are their Hellers, Albs, Hallincke, and the like small copper moneys.

Of the Low-countries. In the Low-countries they haue Duyts, Mites, Negemanckens, Ortkens whereof foure make a Styuer, and fiue Styuers make sixe pence which we may well call a Styuer for a pennie sterling; eight Negemanckens and twentie and foure Mites for one pennie also. In some places (as in Flanders) the Mite is called Corte, and in the Wal­lone countrie Engcuni, and in other places Point, Pite, Poot, being all subdiuisions of Obolus, or the halfe pennie.

Of many other kingdomes and states go­uernment.In Bohemia, Poland, Sweaden, Denmarke, East-land, and many other Kingdomes and States they haue meere copper moneys tedious to describe; likewise in Italie in their seuerall principalities and dukedomes.

Of Scotland.In Scotland they haue Turnoners, and pence, and halfe pence in their names, and much base money of Achisons, Plackx, Babyes, Nonsuits, Of Ireland. and the like. In Ireland they had in Queene Elizabeth her time halfe pence, and pence of copper, which are most of them lost and consumed.

The necessitie of these small moneys did appeare here with vs in England, where euerie Chandler, Tapster, Vintner, and others made tokens of lead and brasse for halfe-pences, and at Bristoll by the late Queenes authoritie, Farthing to­kens in Eng­land. were made of copper, with a ship on the one side, and C.B. on the other side, signifying Ciuitas Bristoll: these went currant (for small things) at Bristoll, and ten miles about. Here­upon it pleased our soueraigne Lord the K. to approue of the making of a competent quantitie of farthing tokens to abolish the said lea­den tokens made in derogation of the Kings Prerogatiue Royall, which farthing tokens (being made (by Engines) of meere copper in the yeare 1613, with certain cautions and limitations) haue on the one side two scepters crossing vnder one diademe in remembrance of the vnion betweene England and Scotland, and on the other side the harpe for Ireland, and the inscription of Iacobus D.G. Magnae Britt. Fra. & Hiber. Rex. And the said farthing tokens haue not onely beene found very commodious and necessarie for pettie commutations, but also to be a great reliefe of the poore, and means to increase charitie, without which many of them had perished, euerie man hauing means to giue almes, euen the mechanicall poore to the indigent poore.

Siluer moneysTo come to the coynes of siluer, we haue also noted, that the Ro­manes made but moneys of siluer the 484 yere after the foundation of Rome, which was in the yeare 3695, from the beginning of the world, being now about 1900 yeres since: and by some coyns & mo­dels extant, the goodnes of it was sterling siluer being aboue 11 oun­ces fine, since which time many are the standards of siluer moneys made in diuers countries according to occasions, both in time of [Page 279] peace and warres, as you may find in the following Chapters, where wee haue reduced them from the marke weight, vnto the pound weight Troy of twelue ounces: And concerning the Moneys of England of the sterling Standard, more followeth hereafter.

The Moneys of gold were but made when the Romanes had taken great wealth from all Nations, Gold Moneys. and was sixtie two yeares after their beginning of the making of siluer Moneys, and they were of fine gold; since which time also, there haue beene many Standards made of gold, and that from about twentie foure carrats fine, vntill seuen carrats, &c.

CHAP. VI. Of the Officers of Mints.

THere are diuers Officers in all Mintes: The principall Officer is the Warden of the Mint; next is the Mint-master: the one to looke to the making of Mo­neys compleat, according to the Standards, and the other with his workemen (called Monyers) to make them: Then there is the Comptroller to keepe the Contrebookes for the Prince & State, to see the bullion receiued, and the assayes made thereof, and the compleat moneys returned for the same, weight for weight, paying coynage money forthe same, which is done by the Warden, by the said moneys in specie, as they were coy­ned at the first. There are commonly two Assay-masters, one Grauer, and his deputie; one that keepeth the Yrons to deliuer them to the Monyers, or the Prouost or chiefe of them, to see them euery night returned againe: then the Sincker, Smith, Porter, and the like in their places; all these haue wages for themselues, or allowances yearely from the Prince or State. The Mint-master and the Monyers, are paied for euery pound weight they make, whereof 30 ll weight they call a Iourney. The Tellors Office is but vsed in England, The Sheyre booke of Mo­neys. which the Wardens deputies execute in other countreys, to keepe a Sheyre Booke of the peeces contained in the marke or pound weight, al­though the money be deliuered by weight and not by tale. For al­though there be, suppose eight or ten peeces ouer in 100 ll by tale, it doth incourage the bringer in of Bullion; for the [...]act sizing is not so much to be regarded vpon the totall in quantitie, as vpon the equa­litie of weight in peeces: for it happeneth sometimes, that one shilling [Page 280] will weigh one farthing or halfe penny more in value by the weight, than an other; The cause of culling of money. whereby moneys are culled out and transported, and the light peeces remaine amongst his Maiesties subiects: Goldsmiths also wanting Bullion, must melt such monies downe to make plate of.

The Bullion which is brought in, or forraine coyne either, is al­wayes lockt vp in great chests, or inclosed places vnder three keyes, namely, the Wardens, the Mint-masters, and the Comptrollers: at the dayes of Receits which are obserued in the Tower of London, Saturdayes and Mondayes, and then the Officers haue their dyet in the place, the one halfe at the Kings charges, and the other halfe at the Mint-masters charges, who is called by some, Master-worker of the King moneys, Vel Magister operarius: and betweene the Warden and him, there is commonly emulation and necessary discord; like vnto that which Cato vsed amongst the seruants of his family, which hee did compare to the stones of a vault, which by striuing doe vphold the building, and made him to bee more quiet and re­garded.

Suppose now that we are come to the Mint to see moneys made of our Ingots of Gold and Siluer, and one of the Assay-masters com­meth vnto me and saith, Sir, I haue read that all things are gouerned by Number, Weight, and Measure; What say you to finenesse of Gold a [...]d Siluer? I do aske him first, What he taketh finenesse to be? he doth answere me, That it is a Mysterie, and that the studie of it is as intricate, as the Transubstantiation of the Papists Sacrament, as you may perceiue (saith he) by the controuersie betweene the Warden of the Mint, and the Mint-master, concerning the Standards of the ster­ling moneys of Siluer, and the base moneys lately made for the Realme of Ireland, which is grounded vpon the finenesse of the bul­lion reported by triall of the subtle Assay, whereunto I doe reply, That plaine things may be made intricate, Finenesse of siluer what it is for finenesse of Gold and Siluer is properly fine Gold and fine Siluer, and this is knowne by weight, which I doe thus demonstrate in the Siluer for both: Posito, that this peece of Siluer is fine Siluer, without any mixture of allay, and weigheth one pound weight of twelue ounces Troy: I hope you will call this to be twelue ounces fine, because it weigheth twelue ounces, which is the pound weight and finenesse also: now take away one ounce of this fine Siluer, and put so much Copper vnto it to melt them downe, as maketh vp the said pound againe twelue ounces in weight, you (knowing that there was but eleuen ounces of fine Siluer remaining) will make no difficultie to affirme that this is ele­uen ounces fine Siluer, and one ounce of copper in the pound weight, and put the same to the triall of your subtle Assay and you shall find it so; is there any Mysterie in this? and he saith no, as I did propound it; and so is it if there be more or lesse allay in the pound weight ac­cordingly: for the pound weight doth proportionate the whole masse, ingot, or lumpe of bullion call it what you will, as in the next Chapter of assayes shall be made more apparant. But, saith he, This [Page 281] doth not cleere in my vnderstanding, the businesse which is in con­trouersie betweene the Warden and the Master worker: for the Cop­ple or Teast doth drinke in some two penny weight of Siluer with the Lead, and so there is so much hid from report: Drinking in of the Teast or Copple. for the Bullion is that which maketh the moneys, and not the Siluer of the assay: So that the said Bullion is finer in euery pound weight two peny weight, in value six pence halfe penny, and the twelfth part of a halfe penny; which is the cause, that the Master worker (being subtile and cunning) doth put into the melting pot, Two penny weight of cop­per put in the commixture. Account char­ged with two penny weight of siluer, in euery pound weight. Melting Book. Indentures. Base moneys is eight penny weight in the pound of siluer Bullion. two penny weight of Copper in euerie pound, whereby he gaineth the weight of so much sterling Siluer; now this gaine is the Kings, for with his Highnesse moneys, this Bul­lion is bought of the subiects. And therefore the Warden doth charge the Mint-masters account with two penny weight of Siluer in euery pound weight, and alloweth the same vnto the King, for the Mint-master is to account by the melting booke, where this allay of Copper is entred, according to the Indentures betweene the King and him. And so in the base moneys made for Ireland, whereof one of Siluer maketh foure of that moneys, he is charged in account eight penny weight of siluer, for euerie pound of the siluer Bullion: for the commixture of two ounces eighteene penny weight of siluer, and nine ounces, two penny weight of copper is found to answere that Standard of three ounces fine: And so doth eleuen ounces of siluer, Standards sterling, and Irish. and one ounce of allay answere the sterling Standard; for there is great consideration to be had, in the calculation of the siluer Bullion to the fire and from the fire: From the fire, and to the fire. for eleuen ounces from the fire is set downe for Standard, to passe according to the indented triall peece, made by the sworne officers, or refiners, and assay-masters, Indented triall peeces of siluer sterling and Base. Commixture. thereunto heretofore appointed, whereof my selfe was one; which indented peece wee haue commixed accordingly of fine siluer, refined vpon a drie teast, and good copper or allay, and the same wee haue diuided into three parts; one part to remaine in the Kings Treasurie at West­minster, another part with the Warden of the Mint, and the third part with the Mint-master to make the moneys thereby, and all these things are done very orderly. There is no reason that the Mint-ma­ster should pocket vp this benefit, which commeth almost to tenne thousand pounds, and would haue been much more, if it had not been spied out in time for the Kings seruice. And then he concluded his speech with an affirmation, That hee could take the said two penny weight of siluer, out of the copple, which had drunke vp the same, or within a little lesse of it; whereunto I made him such an answere, as I had oftentimes vnderstood of the Mint-master, and partly of mine owne knowledge concerning assayes, which I had obserued and knowne aboue fortie yeares, my father also hauing beene a Mint­master, and I told him that all his allegations as abouesaid, should and could be very well answered: For albeit that hee had alleaged many things concerning the State of the matter in question, I would (according to the course of the Common Law) ioyne issue vpon one [Page 282] peremptorie point, to be tried by all vnderstanding men: to which end I told him, That in Germanie and the Low Countreys there were certaine officers, Generalls of the Mints be­y [...]nd [...]he Seas. called the Generalls of Mints, which did de­termine such and the like questions and controuersies, arising between the Wardens and the Mint-masters, which were men of great know­ledge and experience in Mint affaires, and had from the Prince large stipends giuen them for to attend these M [...]nt businesses, when the trialls of pixes; or of the boxes are made, and the Mint-masters make their accounts with the Prince: Hereupon the said Assay-master, ac­cording to his courteous behauiour, was very well pleased to heare me (as he said) in fauour of Iustice and Truth. And so I began to an­swere gradatim and articularly, as followeth.

Drinking vp of the copple admitted.First, concerning the drinking vp of the copple; albeit that it ap­peareth vnto me (by certaine testimonialls made beyond the Seas, by Generalls, Wardens, Mint-masters, and Assay-masters) that if a copple or teast be well made it drinketh not vp any siluer at all: yet I will admit that it doth so, because you are so confident, that you can take it out of the copple, or the most part of it, and so I will proceed.

Two penny weight of cop­per acknow­ledged to be put in.Secondly, I do acknowledge that there is two pennie weight of Copper put into the melting pot, as you say, for it is commixed at twentie pennie weight, which is a f [...]ll ounce, where the standard re­quireth but eighteen pennie weight: but this is done to counteruaile the wast of Copper, which commeth by melting of Bullion, remel­ting of the Brocage and Scizell, and by working, hammering, often nealing and blaunching of the moneys, whereby the moneys grow better in finenes than they were at the first melting, because so much and more copper doth waste; Wast of cop­per counter­uadeth the copper put in. and can it waste lesse than ten ounces in one hundreth weight? No surely, which is the cause that the red Booke in the Exchequer for Mint affaires admitted this two penny weight for waste, which is but ten ounces in the hundreth. And to say that this two penny weight of siluer is the cause that the Mint­master putteth in two penny weight of copper, Vnequall pro­portion. it carrieth not any pro­portion to put one for one, when the mixture of the Standard is ele­uen to one. But you reply vnto me, That the Mint-master is to beare all wasts, and therefore must answere the same, and be charged in ac­count for it; I answere, That the accounts of all Mints are made on­ly vpon the finenesse of moneys by their weights, and that it was ne­uer otherwise vsed in England vntill this day: All accounts are taken vp­on the fine matter onely. and if the Warden will bring a new manner of account than euer hath beene taken ac­cording to the Leidger Booke of the Mint, and the Comptrollers Booke: then the M [...]nt-master is to be charged with euery thing in his proper nature, siluer for siluer, and copper for copper; otherwise it were better for him not to put in any copper, than to be made to answere siluer for it: But the Mint-master must hold as well his allay as his fine siluer, Allay to be kept. according to the statute 2. H. 6. ca. 2. and in doing otherwise, by not putting in of this two penny weight of copper, [Page 283] the moneys would be too fine, and the Master might incurre fine and ransome. Therefore all Mint-masters doe worke according to their remedies, and they do beare all wasts incident and casuall, as if some ingots were falsified with copper within, as hath beene found at the Mint, the Mint-master must beare the aduenture of it, Hazard of Mint masters. for Princes will be at a certaintie: which is the cause that the Mint-masters may commix at their pleasure thus farre, as the sixteenth Article of the In­denture declareth, That euery pound weight Troy shall bee in such sort commixed and melted downe, that at the casting out of the same into ingots, The Inden [...]u [...]e of Eliz Reg. xluj. it shall be and hold eleuen ounces two penny weight of fine siluer, and eighteene penny weight of allay, euery pound con­taining twelue ounces, euery ounce twentie penny weight, and euery penny weight twentie foure graines, according to the computation of the pound weight Troy of England, which eleuen ounces two pe­ny weight of fine siluer, and eighteene penny weight of allay in the pound weight of Troy aforesaid, The old right [...]erling Stan­dard. is the old right Standard of the moneys of siluer of England: and (that the commixture of the Mint­master hath beene done accordingly, so that it was found so at the casting out) you best know what made the assayes thereof from time to time. As for your Melting booke where the allay is entred, if you will charge the Mint-master thereby, let it be done distinctly for sil­uer, and copper, or allay in his proper nature as is said before, and then the controuersie is ended. Now let vs come to the Standard of the Base moneys made for Ireland: I am sure there is not two penny weight of copper put in, as in the sterling Standard; Siluer taken out by diuision o [...] the standard of Base monies but there is two penny weight of siluer by computation taken out, in euery quarter of a pound of siluer, which as you say is eight penny weight of siluer in the pound weight; why should the Mint-masters account be charged with this, where siluer by the diuision of the proportion is taken out, and two ounces eighteene penny weight, are taken for three ounces from the fire, as the Indenture declareth? Shall a Mint-master com­mixe and melt by prescription, or suffer other men to melt it for him, and yet be made to answere for the finenesse of moneys accor­ding to an indented triall peece, made of refined fine siluer (as you say) and receiue neither siluer answerable in finenesse, nor the quan­tity which he ought to haue allowed him according to the Standard▪ I am sure that in the making of these moneys, C [...]ea [...] wast of copper. there hath beene aboue fortie ounces of copper wasted in one hundreth weight of the mo­neys made thereof, whereby the Bullion is growne finer, that is to say, These fortie ounces of copper being wasted, haue left the siluer behind, wherewith they were commixed at the first, and so is the said whole masse or bullion so much finer and richer in the proporti­on, which Arithmeticall distribution doth demonstrate vnto mee, Demonstrati­on Arithmeti­call. and in this ingot of course siluer may prooue it vnto you: let vs sup­pose it weigheth 16 ll, and containeth 4 ll of siluer, and 12 ll of copper, and so may we say it is the fourth part siluer; if this ingot now should be made to decrease or diminish 4 ll of copper, and so it [Page 284] should weigh but 12 ll, and therein still containe all the foure pound in Siluer; may not we iustly call this to be richer, and say it is one third part of Siluer? and yet there is no more Siluer than before, and this wee call growne in finesse by the decrease of the masse or proportion: and so two ounces eighteene pennie weight of Siluer, commixed with nine ounces two pennie weight of Copper made into moneys, How Siluer doth increase in finesse. becommeth to be three ounces fine by the mel­ting of the bullion, remelting of brocage and scizell, and by the wor­king, hammering, often nealing and blaunching, which alwaies in base moneys is verie great, as experience hath proued; call you this po­ketting vp of almost tenne thousand pounds? Well I am content to ioyne my issue hereupon, and to proue that the Mint-master hath not pocketted vp any benefit or gaine at all by this finesse of Siluer hid and vnreported in the bullion, Aboue nine thousand pound. but that he hath beene a looser of so much as hath beene taken from him, by making him to answere Sil­uer for Copper. The commixture of these two standerds are contra­ries, and contraries to worke all one effect, is strange vnto me: with that he desired me to go with him to the Assay-house to see the as­says made of our Siluer and Gold, and there to end our discourse, whereof he seemed vnto me to be verie desirous.

CHAP. VII. Of the Assayes of Bullion and Moneys.

COmming to the Assay-house, there we found diuers gentlemen desirous to see the manner of making of Assayes of Gold and Siluer, as also diuers Gold-Smiths which brought some ingots of Gold, but no Siluer at all, and here we were all courteously welcome, and our discourse was interrupted, and the Assay-master desired me to haue patience vntil his businesse were ended with the Gold-smiths, and so he would make the Assayes of our Siluer first, and then come to the making of our Gold Assay, which he would first teast before he should put some proportion of it to the triall of strong-water. The little furnaces were fired, and the Assay-master tooke foure copples or teasts, which are made of Bone­ashes, & he did put them in the furnace quater corner wise, with the bottomes vpwards, and so let them remaine almost an houre vntill [Page 285] he had made an end with the Gold-smiths Assayes, to the end they should be throughly drie, to auoid the springing of the Siluer, How to make the Assayes of Siluer. and then he did turne them vpwards: and so cutting off some Siluer of our ingots on both sides, he did beate the same verie thin with a hammer, and weighing iustly the quantitie of fifteene graines, he diuided the same by euen portion of weight into halfe, and thereun­to he tooke fiue times so much in thin purged Lead, and winding or inuoluing the Siluer therein, he did put the same vpon the seuerall copples two to two, and vpon the other two he did first put the Lead, and the Siluer afterwards when the Lead was molten, making no great difference in this: then with coales he did stop the furnace in­differently, neither too hot nor too cold, vntill it began to driue, and then he made it hotter, and finding it to appeare bright, hee brought the copples one after another to the mouth of the furnace, there he let them smoake a little, holding them out and in before he tooke them out: Then taking off this Siluer, he weighed them one against another, and found them alike, whereby he knew his Assay was well made; and then he weighed them both together, and what they weighed lesse (than before) was Copper wasted. And he reported our Siluer to be eleuen ounces and foure pennie weight fine by the true proportion of the pound weight, which is to be taken accor­dingly in the whole ingot, weighing some fortie pound weight; so that euerie pound of it did containe eleuen ounces foure pennie weight of fine Siluer, and sixteene pennie weight of Copper, making together twelue ounces for the pound, Troy weight: and so is finesse knowne by weight, and is properly fine Siluer as aforesaid. Hereupon I did aske him, whether the copple had drunke vp some little quanti­tie of Siluer which might amount to two pennie weight in the pound weight of sterling Siluer by the computation of Siluer of se­uerall finesse? and he answered me, it had without all doubt. The other Siluer Assay he reported to be but eleuen ounces fine.

After this, To make the Assayes of Gold. he tooke in like manner fifteene graines of our ingot of Gold, and putting the same to the teast, as aforesaid, to purge the Copper, (which he did with a hotter fire) he did bea [...] the Gold with a hammer verie thin, that he could wind it vpon a little sticke round, to make it go through the necke of the glasse, and to worke the bet­ter: and hereunto he tooke twentie graines of verie fine Siluer in like manner, and put them all together into the viall or glasse, and hereupon he did poure some strong-water, and put the same vpon coales, and there it did smoake and stand vntill it did smoak no more, and then it had wrought and separated the Siluer from the Gold, which remained whole, and the Siluer was turned into water; then he did poure out that water into another glasse with raine-water, To diuide Sil­uer from strong-water. which diuided your Siluer from the strong-water againe, and weigh­ed the Gold againe, reporting the same to be twentie and three Car­rats fine, by the calculation vpon the ballance of his subtle Assay: and then we went vp to deliuer our Siluer and Gold to the Warden [Page 286] of the Mint, whereof entrie was made in diuers and seuerall bookes of the Warden, Comptroller, Mint-master, and Assay-master; and the Mint-master did deliuer bills of the weight and finesse thereof vnder his hand to the Warden of the Mint, where we stayed to see our siluer molten and cast into ingots, for to be deliuered to the mo­neyers to sheire the same by weight into small peeces for twelue pences & six pences: for it was allayed according to the sterling stan­dard, and the Assay-master made another Assay of it (called the pot Assay) and found the same to be standard, The Pot Assay. whereupon we tooke our leaue and departed: and here also he affirmed vnto me, that the cop­ple had drunke in the like small proportion of siluer. The next weeke following I went to receiue my satisfaction in coyned moneys, which were brought vp to the Warden, and he perused them, whether they were well coyned without crackes or flawes, and as the Monyers brought them vp in trayes, he tooke out some peeces not well made and cut them a sunder with a sheire, and some peeces he weighed, and then tooke some other peeces and put them through a hole into a box kept vnder seuerall keyes, and some peeces he deliuered to the Assay-master to make triall of. Assay of mo­neys. And after I had receiued my money by weight for weight of my bullion, I went to the Assay-master and saw him make an Assay of the said moneys in like manner as the other, with fiue parts of lead, and hereupon I tooke occasion to aske him, Triall of the Pixe. whether the last and supreme triall of the moneys (which was made commonly once a yeare before the Lords at the Star-chamber) was done in like manner? And he answered me, it was, and withall he desired me to resolue the question betweene the Warden and the Mint-master, concerning the two pennie weight of siluer hid from report (as it is supposed) according to our former conference? I told him, that according to the issue ioyned between him and me, that the Mint-master had not pocketted vp any such two pennie weight of sil­uer (as his account was charged withall) I would make that plaine by demonstration, which he said was his desire, whereupon I framed my answere as followeth.

Foure Assayes of bullion and money.I make no doubt (sir) but you haue marked my obseruations of the foure seuerall Assayes made concerning bullion and money, namely, the first of the Ingot before melting, the second of the pot Assay af­ter melting, the third of the moneys compleate made thereof, and the fourth and supreme triall of moneys at the Star-chamber (as it were) before the King and his Councell, all which (being done in manner alike) you haue from time to time told me, that their opera­tion or effect was also alike: for the triall of the Ingot, there the cop­ple had drunke in two pennie weight of siluer: for the Pot Assay, there two pennie weight was drunke in also: the Assay made of the compleat moneys hath drunke in the like two pennie weight: and last of all the highest triall of all hath drunke in the like two pennie weight of siluer; how can it then be pocketted vp by the Mint-ma­ster, when it was in the bullion, remaining in the pot, found in the mo­neys, [Page 287] and confirmed to be so by the supremest trial? and why should the Mint-Masters account bee charged, either with an imaginarie or substantiall thing which he neuer had or inioyed? A Tacite Re­solution. To this the Assay­master answering (rather by signes than words) said, It was other­wise taken and vnderstood, and himselfe tooke now better notice of it, and wished that Truth might preuaile, according to the saying, Magna est veritas, praeualet, praeualuit & praeualebit; and so ended our supposed discourse.

Now let vs come to the mysteries of the Mints beyond the seas, to recompence them that might take offence for discussing the pre­misses; and let vs be like Nathaniel, in whom there was no guile, Qui vadit planè, vadit sanè; howbeit discretion is requisite. The assayes beyond the seas, are most made according to the proportion of the marke, which is eight ounces Troy; and they take twentie graines to make their assayes by, which is correspondent with our fifteene graines; Thirtie two grains beyond the seas, is more than 24 grains with vs. for they diuide their English or penny weight in thirtie two Ases or graines, which from twentie foure vnto thirtie two, differeth one third part; so is fifteene vnto twentie also a third part: For this marke weight of eight ounces is twofold; the one is called English weight, and the other French weight in the Low Countreys. But the English weight is most vsed, which is diuided into eight ounces, euery ounce twentie English or penny weight, English marke and euery English thirtie two graines as aforesaid is, 5120 graines to the marke. This marke and one halfe maketh (within a little) our twelue ounces Troy for the pound weight, being in graines 7680.

The French weight called penny weight, is also eight ounces, French marke. eue­ry ounce foure and twentie penny weight, and euery penny weight twentie foure graines is, 6912 graines for the twelue ounces, or 4608 graines for the eight ounces. These graines are also diuided in twentie foure Garobes or Primes, and the Primes in twentie foure Seconds, and the Seconds in 24 Tercies or Malloquen, which is superfluous; notwithstanding all the said weights and diuisions (to make assayes) they vse another weight, Assay weight. which euery man maketh ac­cording to his fancie: but most commonly they will diuide the marke in twelue deniers or pence, and the penny into twentie foure graines, and then graines subdiuided of paper, making ⅛ 1/10 and 1/32 part of a graine, which concurreth neerest with our assay weight; for if one pound of siluer doe containe 1/12 part copper, they call this ele­uen deniers fine, as we say eleuen ounces fine.

For the gold likewise they doe vse the same weight, accounting for euery denier or penny weight two carrats; so twentie foure car­rats for twelue deniers or ounces, and consequently eleuen deniers is twentie two carrats, &c. So the gold marke is twentie foure carrats, Gold marke. Siluer marke. a carrat is twelue graines, so 288 in the marke: So the siluer marke of twelue deniers of twentie foure graines, are 288 graines also, which are bigger graines, diuided into foure Primes or Siliquas is, 1152.

[Page 288]They vse also a manner of speech to say, Twelue shillings to the marke pound, Marke pound. euerie shilling twelue pence, and euery penny twentie foure graines, is 3456 graines in the marke; all which is done to make the knowledge of these things intricate. In like manner for the sheiring of their moneys, Sheire monies they will for euery peece make a penny, as if there be made seuentie eight peeces out of a marke, they will say it ☞holdeth sixe shillings and sixe pence in the sheire, or for 62 peeces fiue shillings two pence, and so obscure things to take aduantage vpon others. For the Mint-masters of the Low Countreys and Germa­nie, are verie experienced in Mint matters, and the assayes being made vpon the graines, may deceiue much if (by triall) the calculati­on be not rightly made; and if the said Mint-masters were not sub­tile, yet the Generalls, which follow the Prince or State, doe no­thing else but studie these things alwaies: therefore let vs obserue more particulars of their proceedings as followeth.

In the making of coynes of gold and siluer, they will vse many times to make peeces of fine gold and courser gold; as the Emperiall Royall and the halfe Royall, the one twentie three carrats 3 ½ grains, and the other but eighteene carrats, or the Flanders Crowne of 22 carrats. In Germanie the ducat and the gold guildren, which for workes being mixed are seruiceable, admitting by conniuence the melting of the moneys, rather than for want of it Bullion should not be brought to their Mints, therefore they also take little for the coynage, because it should sooner come vnto them than vnto other Minters, where the coynage or seignoriage is great: and albeit the same bee but small, yet will they find meanes to make other Princes to pay the same, Moneys made for transporta­tion. and cause moneys to be made for transportation, especially for the East countreys to buy corne to bring the same vnto their Magazins, whereby trade is increased, and Spaine and Portu­gall supplieth the same, by suffering moneys to bee also transpor­ted in the returne of corne, whereby Customes doe also augment. The Box for moneys is kept vnder three seuerall keyes or lockes, by the Warden, Mint-master, and Comptroller; wherein the War­den taketh of euery Iourney of worke, one, two, or more peeces, ac­cording to his instruction, to make the last triall by before the Lords or Estates. The Mint-masters haue some remedies allowed them for the making of moneys, either for being too feeble and vnder the Standard, Remedies for Mint-masters. or for being better and aboue Standard. And heereupon they alwayes worke by commixing it accordingly, whereof they haue an absolute power, wherewith neither the Warden nor the Comptroller are to meddle: for Princes and States will not be vpon vncertaineties with the Mint-master, for he must beare all casualties vpon their remedies; with certaine cautions, That if it be aboue the said remedies, and feebler one halfe penny weight, he payeth double; and for the double of that, quadruple; and if it be aboue that, hee is subiect ouer and aboue to punishment.

When the triall of the Box is made, if there be quantitie of coyne [Page 289] to auoid the multiplicitie of assayes, motion is made to the Master, whether by one marke indifferently taken of euerie species of coyne, hee will be concluded for the whole quantitie of the worke, where­vnto condiscending, the markes are weighed out accordingly, and the peeces are told, and the assay is thereupon made, Priuie marke of moneys. and the totall worke is reported to be accordingly. The like is done in England, obseruing the works by the priuie marke of the Rose, Mallet, Crosse or any other, which is recorded in the Exchequer vpon the said trials of the pixes.

The Assay-masters receiuing Bullion of ten or eleuen ounces fine, make their assayes with fiue parts of Lead, if it be of sixe or seuen ounces they will take eight parts of Lead, if three or foure ounces, Lead for the triall of Siluer Assayes. then fifteene parts of Lead, and if vnder they will take twentie parts of Lead: But this Lead is first to be purged, because all Lead holdeth some little Siluer and Gold as hath been noted. So for Gold (if need be) more strong-water may be added, which may serue once againe for triall.

Their strong-water called Aqua fortis, Aqua Fort [...]. is made two parts calcined Vitrioll, one part Salniter, and halfe a part of Allome calcined and distilled as the manner is but for Gold they vse Aqua Regis, Aqua Regis. which hath the same proportion as abouesaid, but there is one fourth of a part of Sall Armoniake added thereunto; and vpon their trialls they vse to report halfe a graine for the Masters benefit, which must needs be a graine where fractions are not vsed in cipher, especially with vs, for there is for Siluer nothing reported aboue twelue graines, which is the halfe penny weight, which is done to haue the accounts cleerer; and withall, there is no Bullion receiued in the Mint vnder nine oun­ces fine, Base Bullion. whereas beyond the Seas (though it be neuer so base) it is receiued, and the rules for calculation are easie and briefe; which to auoid prolixitie I doe here omit.

In the melting of Gold, Obseruations for melting of Gold. obserue to melt the same first before you put your Siluer allay vnto it, and let the finest Gold lye vpwards in the crusible or pot, to haue lesse wast and better mixing, for the finest Gold is heauiest and seeketh the center; let no wind come to your melting pot or crusible for feare of breaking, and take fine Siluer for your allay, wherein there is neither Lead, nor Brasse, or Laten, which maketh your Gold brittle and bringeth a losse to make the same malliable, albeit to make it tough is no charge. For take but an old shoo, and cut the same into small peeces, and put the same into your crusible, and stop it vp with a couer, let it stand vpon the fire, & it ta­keth away the eagrenesse of Brasse: Euen as a hot browne loafe of bread cut asunder and clapt ouer the bom-hole of a hogshead of wine (tasting of the caske) will cure the same of his fowle taste.

Gold-smiths are appointed to worke Gold of twentie two carrats fine, but the triall is made by the touch-stone onely, Triall of the Touchstone. with an obser­uation of the rubbing-strokes vpon it to bee alike and of the same strength, which is worthie the obseruation, for otherwise you can [Page 290] giue no true iudgement. There is also an easie scaling of Gold to be made to fall from the Siluer, as it was layed on by the meanes of Quickesiluer.

To take the figure of coyn.To take the figure or print of a peece of coyne, take Lampblacke and Vernice, such as the Painters doe vse, annoint the coyne with it, put your paper vpon Lead and print thereupon.

CHAP. VIII. Of the weight and finesse of Moneys, and their seuerall Standards.

IT is now twentie yeares compleate since Thomas Lord Knyuet, sir Richard Martin, and diuers other Knights and Aldermen of the citie of London, and master Iohn Williams his maiesties Gold­smith, and my selfe were in Commission, to con­sider of the Mint affaires of the Tower of Lon­don, and of the causes of the transportation of the moneyes of the realme, and of conuenient remedies to preuent the same. The causes were obserued to besix, whereof the Weight was the first; next the Finesse of our standard; then the Valuation of mo­neys, and therein the proportion betweene Gold and Siluer; fourth­ly the abuse of Exchange for moneys by bills, wherein all the for­mer were included: for we all did set downe, that the difference of Weight, Finesse, Valuation, and Disproportion aforesaid, According to our certificate. were not of themselues true causes of Exportation, if there were betwixt coun­tries and countrie a due course holden in the exchange of money; but that due course not being obserued, then they might accidentally becauses. And this course was the cause of the ouerballancing of for­reine commodities, increased by the immoderate vse of them, and neglect to set the people on worke; so that the remedie was wholly found to consist in reforming the abuse of Exchange, whereof I haue handled at large in the third part of this booke for Exchanges.

Hereupon conferring the pound weight Troy of 12 ounces with the marke weight of eight ounces, admitting one marke and a halfe for the said pound, we found, with France full three pennie weight, ours to be heauier, and the Low-countries and Germanie 2 ½ pennie weight or thereabouts, with Scotland foure pennie weight and nine graines, and alwaies heauier than any other.

This agreeth with an instruction declared in an old Booke concer­ning Mint matters in the time of King Edward 3, where it is demaun­ded, What benefit it would be to the King and realme, Ouer heauines of the weight Troy. if the Troy weight of this realme, and the Troy weight of Fraunce, Flaunders, Spaine, and Almayne, and of other realmes and countries were of [Page 292] equall weight and size? For as much as other countries keep one size and weight, whereas the Troy weight of England is heauier in eue­rie eight ounces by halfe a quarter of an ounce. It is answered, that the Merchant that brings in bullion doth loose so much, and the cal­culation is made what it was for euerie hundreth weight both for gold and siluer, and it followeth there. Wherefore this is one great cause that so little bullion comes into the realme, and therefore may it please the King to deuise some weight that should be correspon­dent to the weight of other realmes, and call it by some other name than by the Troy weight.

And it is there thought meet, that (for information of Merchants and others) a Kalender should be made and published, A Mint Kalen­der. to shew how much euerie pound weight, ounce, and pennie weight is worth, that the true valuation of Gold and Siluer may be thereby perfectly knowne, wherby Merchants and other persons shall giue honour and praise to the King and his Councell for Equitie and Iustice shewed in the Mint.

There hath been vsed from the beginning (in the Mint) both Troy and Tower weight, Tower weight. each of them containing twelue ounces in the pound weight, sauing that the Troy weight is heauier by sixteen pe­nie weight vpon the pound weight: by which Troy weight the mer­chants bought their gold and siluer abroad, and by the same did deli­uer it to the Kings mint, receiuing in counterpeaze but tower weight for Troy, which was the Princes Prerogatiue, gayning thereby full three quarters of an ounce in the exchanges of each pound weight conuerted into moneys, besides the gaine of coynage, which did rise to a great reuenue, making of thirtie pound weight Troyes, thirtie and two pound weight Towers; which is now out of vse, and the Troy weight is onely vsed, Subdiuision of the pound weight Troy. containing twelue ounces, euerie ounce twentie penie weight, euerie penie weight twentie and foure grains, and euery grain twenty mites, euery mite twenty and foure droicts, euerie droict twentie periods, euerie period twentie and foure blanks, although superfluous (but in the diuision of the subtile assay) which in Scotland are all diuided by twentie and foure, from the denier wher­of they reckon twentie and foure to the pound Troy, so twentie and foure graines, Primes, Seconds, Thirds, and Fourths all by twentie and foure. And for the marke and pound weight of other countries I do refer the reader to the fourth chapter of weights and measures of the first part of this booke.

Concerning the pound weight for finesse and allay, let vs note that these two make properly the pound weight, as being distinguished therein: for if it be one pound of fine siluer, it weigheth 12 ounces, and it is likewise 12 ounces fine: Diuision of the pound Troy in finesse. but if there be 2 ounces of copper in that pound, then is there but 10 ounces of siluer, and so called 10 ounces fine, and so if there be 10 ounces 16 pennie weight of siluer, and so called in finesse, then is there one ounce foure pennie weight in copper; and so for all other finesses accordingly.

[Page 293]The like is for the Gold, whereof the said pound is diuided into twelue ounces, or twentie and foure carrats, being two carrats for one ounce, and euerie carrat is diuided with vs into foure graines, and finesse accordingly.

From this generall weight of the pound, Generall weight. Special weight is deriued the speciall weight of the peece according to the standard, wherein (after that the commixture is made for finesse) the peeces must concur in value, and thereby is the speciall weight knowne of the peece, whereby the monyers cut their peeces, The Sheire. it being the direction for the sheire vnto them, which peeces they cut by their weight deliuered them accor­dingly: and herein they are to vse good and exact sizing, to preuent the culling of moneys for the transporter, or the gold-smiths for melting them for to conuert into plate.

Concerning the finesse of the moneys of other countries, with their weight and number of peeces in the Marke of eight ounces, (which I haue reduced to the pound Troy of twelue ounces) I haue here made a plain declaration as followeth, to instruct all Merchants and Gold-smiths therein, for the common good; obseruing that some men (not ouer wise in Mint affaires) perceiuing the Marke to be diuided into 24 carrats for gold, What 36 car­rats fine is. and that one Marke and a halfe are taken to the pound of 12 ounces, they haue done the like for finesse, and (vnaduisedly) termed gold thirtie and six carrats fine, which is ex­orbitant of the generall obseruation.

Touching the seuerall standards of money in other countries (as you may see by the contents of the said declaration, whereby a man shall many times receiue coynes of aboue twentie standards in one hundreth pounds) it is the onely fallacie in exchange that can bee, whereby no merchant is able to know whether hee haue the true value of the summe to be paied him: but he is carried with the streame of valuation and tolleration of money to goe currant, as in the next Chapter shall be declared; and all men commonly haue a regard to the great moneys vsed in euerie countrie, making ac­count that other smaller moneys haue their true valuation thereafter.

As the Philip Dollers of ten ounces fine, Standards of forreine coyne and 7 9/04 peeces to the Marke.

The Holland Dollers of nine ounces fine, and 8 8/9 peeces in the Marke.

The Spanish Royall of eleuen ounces foure pennie weight, and nine peeces the Marke.

The Gueldres and Frizeland Dollers of ten ounces foure pennie weight, and 9 [...]/2 peeces.

The Shillings of Zeland of sixe ounces fine, and thirtie and eight peeces the Marke.

The Golden Royall of twentie and three carrats 3 ½ graines fine, and fortie and six peeces the Marke.

The French Crowne of twentie and two carrats fine, and seuentie and two peeces in the Marke.

[Page 294]The golden Rider of the States of twentie and two carrats, and twentie and foure in the Marke.

The Albertins or Ducats of Albertus of twentie and three carrats, 3 ½ graines fine, and being seuentie peeces in the Marke, or thirtie and fiue double peeces.

And their daily new coynes which they make of seuerall stan­dards which requireth a vigilant eye: but we haue shunned industrie and labour, which is the cause that (contrarie to my first intention) I abreuiate some things.

THe imperiall Royall of gold alwaies accounted equall with the English Angell in finesse, and in weight but a little differing of twentie and three carrats, three graines ½, and sixtie and nine pee­ces weighing twelue ounces Troy.

The halfe Royall is but eighteene carrats in finesse, and 105 ⅓ pee­ces to the pound weight.

The Carolus Guildren being ⅔ parts of it, but foureteene carrats fine, and 126 peeces.

The Rose Noble of England twentie and three carrats 3 ¾ graines fine, and 46 ¾ peeces to the pound.

The double Royall of Austria of twentie and three carrats 3 ½ graines fine, and 24 ¾ peeces to the pound.

The Nobles of Holland, Vtrech and Ouerrysel twentie and three carrats, three graines, and fortie and eight peeces.

The gold Guildren of eighteene carrats, three graines scarce in finesse, and 112 ½ peeces.

The halfe Noble or Hungarie Ducat, twentie and three carrats, 3 ⅙ graines fine, and 113 ½ peeces.

The Bishops ducat fine twentie and three carrats ½, and 105 pee­ces to the pound weight.

The Ducats of Italie, Venice, Turkie, and Rome twentie and three carrats, three graines, and 106 ½ peeces: other Italian ducats, and the ducats of Guelders twentie and three carrats, one graine, and 106 ½ peeces.

The Angell of England of Queene Elizabeth twentie and three car­rats, 3 ½ graines, and seuentie two peeces.

[Page 295]The Soueraigne of the said Queene, twentie and two carrats fine, and sixtie peeces to the pound.

The old Soueraignes of more weight, twentie and two carrats fine, and 54 ¾ peeces.

The halfe Soueraigne fine but twentie carrats, and 120 peeces to the pound.

The Angell with the O. is but 23 carrats fine, and 72 scarce to the pound.

The Angell with three Lions 22 carrat fine, and 76 peeces to the pound weight.

The halfe Noble, with the Lions and the Noble of Bridges 23 carrats, and 88 ½ peeces.

The Andrew Guilder fine eighteene carrats, three graines, and one graine, some peeces 108.

The Gulielmus Gilder fine eighteene carrats, one graine, and 108 peeces to the pound.

The Gold Guilder of the States twentie carrats fine, and 120 ¾ peeces to the pound.

The Golden Fleece or Toyson d' or 23 carrats three graines ¼ and 81 ⅙ peeces.

The Phillips Guildren fine fifteene carrats three graines, and 111 peeces to the pound.

The Ioannes Guildren fine sixteene carrats, and 109 ½ peeces to the pound.

The Nobles of Gaunt and Zealand twentie three carrats fine, and fiftie foure peeces.

The halfe Imperiall Crowne twentie two carrats, 1 ½ graines, and 107 ½ peeces.

The Henricus Noble of England twentie three carrats 3 ½ graines, and 53 ¾ peeces.

The old English Crowne somewhat better than twentie two car­rats fine, and 100 ½ peeces.

The Henry Noble of France twentie two carrats fine, and fiftie one peeces to the pound.

The halfe Henry Noble fine twentie two carrats, 2 ½ graines, and 108 peeces to the pound.

The Floret Crowne of France twentie three carrats, 3 graines, and 100 ½ peeces.

The Charles French Crowne twentie three carrats, three graines fine, and 100 ½ peeces.

The Floret of France standing twentie two carrats, and 100 ½ peeces to the pound.

The old Golden Lion of Flanders twentie three carrats, three graines, and 79 ¾ peeces.

The ducat of Castile twentie three carrats, three graines fine, and 79 ¾ peeces likewise.

The Spanish ducat 23 carrats, two graines fine, and 105 peeces to the pound.

[Page 296]The Holland ducat twentie three carrats, two grains fine, and 105 peeces likewise.

The double ducat of Zealand twentie three carrats ½ fine, and 52 ½ peeces to the pound.

The ducats of Nauarre, Majorca, and others twentie three car­rats, one graine, and 52 ½ peeces.

The Spanish Pistolets twentie two carrats fine, and 108 peeces to the pound.

The Milreys ducat of Portugall twentie two carrats, one graine fine, and fortie eight peeces to the pound.

The Contrefait Milreys is but twentie one carrat fine, and likewise fortie eight peeces.

The Emanuel ducat of Portugall twentie three carrats, 3 graines, and 105 peeces to the pound.

The Emanuel great Crusate of Portugall twentie three carrats, three graines, and 10 ½ peeces.

The Ioannes great Crusate is but twentie two carrats, three graines fine, and 10 ½ peeces.

The ducat, with the short Crosse of Portugall twentie two carrats, three graines, and 105 peeces.

The ducat, with the long Crosse twentie two carrats, one graine fine, and likewise 105 peeces.

The ducat with the long Crosse of Batenborgh nineteene carrats fine, and 105 peeces.

The Pistolets of Italy twentie two carrats, and some twentie one carrat 2 ½ graines, and 108 peeces.

The Flemish Ryder twentie three carrats, three graines fine, and 105 peeces to the pound.

The Guilders and Vrisland Ryders, of the yeare 1583 fine, twen­tie one carrats, and 108 peeces.

The Ryder of Burgandie twentie three carrats ½ fine, and 105 peeces to the pound.

The English Salut and the halfe, twentie three carrats, three grains, and 108 peeces.

The Schuytken or Ship of Flanders twentie two carrats, one grain fine, and 109 ½ peeces.

The Ryder of Guilders Of fourteene carrats fine, and 114 pee­ces to the pound.

The Phillip Clincart Of fourteene carrats fine, and 114 pee­ces to the pound.

The Ryder of Deuenter, Campen, and Swoll twelue carrats, three graines, and 114 peeces.

Dauid guil.

• Of Trier is 17 carrats, 2 graines and 114 peeces to the pound weight.
• Of Vtrecht 16 carrats fine—and 114 peeces to the pound weight.
• Of the Harpe 15 carrats fine—and 114 peeces to the pound weight.

The Peter of Louaine of 17 ½ carrats fine, and likewise 114 pee­ces to the pound.

The Clemmer guilder of 13 carrats fine and 114 peeces.

[Page 297]The Fredericke of Beyeren guilder fourteene carrats, and 117 pee­ces to the pound.

The Arnaldus guilder twelue carrats fine, and 138 peeces to the pound.

The Postulat of Bourbon 12 ½ carrats fine, and 136 ½ peeces to the pound.

The Po­stulats—

• Of Horne—10 ½ Carrats—fine, & 156 peeces to the pound
• Of Guliers—9 Carrats 3 graines fine, & 156 peeces to the pound
• Of Cleue—9 Carrats ½ graines fine, & 156 peeces to the pound
• Of Fran. Friar—9 Carrats—fine, & 156 peeces to the pound
• Of the Dog and Cat 12 ½ carrat fine, and 136 ½ peeces.

The nine Stiuers peeces of Batenborgh and Frise, seuen carrats, one graine, and 176 peeces.

The Gulielmus ducat of Batenborgh twentie one carrats, three graines, and 52 ½ peeces.

The other ducat of Stephanus, but nineteene carrats ½ graine, and 52 ½ peeces.

The ducat of Nimeghen with Stephen, twentie one carrats, one graine, and 52 ½ peeces.

The new ducats of Saint Victor Pancratius, Vict. Batenborgh, W. B. Margarite Toren, Petrus Rechem, George Rechem, twentie one carrats, three graines, and 106 ½ peeces.

• The ducats Victor H. B. 20 ½ Carrats fine and all 106 ½ pee­ces to the pound.
• Water ducats and the ½ 20 ½ Carrats fine and all 106 ½ pee­ces to the pound.
• Marie of Batenborgh 20 ½ Carrats fine and all 106 ½ pee­ces to the pound.
• Ducat wirh the Checker 20 Carrats fine and all 106 ½ pee­ces to the pound.
• Ducat of Denmarke 20 Carrats fine and all 106 ½ pee­ces to the pound.
• Pancratius Alleb. H. 19 ½ Carrats fine and all 106 ½ pee­ces to the pound.
• Oswald ducat Cusa—19 ½ Carrats fine and all 106 ½ pee­ces to the pound.

The Ducat of Nimmeghen 1569 fine, eighteene carrats, two graines, and 108 peeces.

New an­gells coy­ned here­tofore—

• Of Thoren- 22 Carrats 1 ½ graines And all 72 peeces to the pound.
• Of Horne—22 Carrats 1 ½ graines And all 72 peeces to the pound.
• Of Batenb. 21 Carrats 3 graines And all 72 peeces to the pound.
• Of Viana—18 Carrats 3 graines And all 72 peeces to the pound.
• Of H. M—17 Carrats—And all 72 peeces to the pound.

The Scots Pistolet ninteene carrats, two graines ½ fine, and 108 peeces to the pound.

The Ryder with the Loaues fine 10 ½ carrats, and 114 peeces to the pound.

The Pistolets, Dilege and Legion, fine, eighteene carrats, and 108 peeces to the pound.

[Page 298]The ducats Ferdinand of Batenborgh 19 ½ carrats, and 106 ½ pee­ces to the pound.

The ducats Ferdinand and Carolus of Horne eighteene carrats, and 106 ½ peeces to the pound.

The double ducat of Albertus of Austria twentie three carrats, 3 graines fine, 52 ½ peeces.

The single ducat of Albertus of Austria twentie three carrats, three graines, and 78 ¾ peeces.

The double third parts of the said double ducats twentie three carrats, three graines, and 70 ½ peeces.

The single third part of the said ducat twentie three carrats, three graines, and 126 peeces to the pound.

The Vnite peece, called Iacobus of England twentie two carrats, and thirtie six peeces to the pound.

The Ryder of the vnite Low Prouinces also twentie two carrats, and 36 peeces to the pound.

The halfe Iacobus and Ryders accordingly in finenesse and peeces.

The ducats of the Estates of the vnited Prouinces, with the Let­ters, 22 carrats, and 105 peeces.

The new twentie shilling peeces of England twentie two carrats fine, and 39 ⅗ peeces.

The halfe and fourth part of it accordingly.

The Scots peece of the Crosse Daggers twentie two carrats fine, and 72 peeces to the pound.

The Scots Rider of twentie two carrats, and some of the fine­nesse of the Scots Pistolet.

Note, that here are set down many Species or Peeces of gold, which are little or none at all to be found: And although some are found in great quantitie; yet are they not made currant in the vnited Pro­uinces, by their last valuation of the one & twentith day of Iuly 1622 hereafter declared. The like is in the Reconciled Prouinces vnder the Arch-Dutches Isabella Clara Eugenia of Austria, as also in Ger­manie: so that the generall knowledge of them all, may giue to euerie man better satisfaction. And the like must be vnderstood of the Siluer Coynes of all Countreys hereafter declared, with some addition of meere Copper Coynes. And whereas the Stiuer is the fundamentall Coyne, whereof twentie make the Guilder, it is to be obserued, That sixteene Copper pence are reckoned in Hol­land and those vnited Prouinces for one Stiuer, and so is the said Stiuer two Groats Flemmish, called halfe Stiuers, euerie halfe Stiuer eight pence Hollandts: also twentie foure Mites is a Stiuer in the other Countreys, &c.

THe Philip Doller tenne ounces fine, and 10 5/7 peeces to the pound weight. The halfe, the fourth, the fifth, and tenth part ac­cordingly, that is to say, all of ten ounces fine, and peeces 21 3/7, 42 6/7, 53 4/7, and 107 1/7 to the pound▪

The twentieth part of the said Doller fiue ounces fine, and 107 ¼ peeces to the pound.

The fortieth part of the said Doller, fiue ounces fine, and 214 ½ peeces to the pound.

The Carolus Gueldren or ⅔ of the said Doller, ten ounces fine, and 16 1¼ peeces.

The old foure Styuers peece with the Eagle, Charles and Philip, se­uen ounces, 7 ½ pennie fine, and sixtie peeces.

The old double Styuer seuen ounces, 7 ½ pennie weight in finesse, and 120 peeces.

The old three Styuers peece, eleuen ounces, three pennie weight, eighteene graines fine, and 120 peeces to the pound.

The siluer Fleece of three Styuers, ten ounces, ten pennie weight, and 108 peeces.

The three groot or Deniers fine, fiue ounces, ten penie weight, and 117 ¾ peeces.

The old Styuer of three ounces, foureteene pennie weight, foure graines, and 120 peeces.

The new Styuer following, three ounces, thirteene pennie weight, eight graines, and 120 peeces.

The 17 Duyts, ten ounces, ten penie weight fine, and 147 peeces.

The halfe Styuer, three ounces, ten pennie weight, and 201 peeces to the pound.

The quarter Styuer Oort, one ounce, 17 ½ pennie weight, and 158 peeces.

The eight part Stiuer Duyt fine, one ounce, foureteene pennie weight, and 474 peeces.

The Hollandts pennie fine, 19 pennie weight, and 518 peeces.

The Styuer of the States Vnited, 4 ounces fine, and 168 peeces.

The Styuer of Vtrecht, three ounces fine, and 167 peeces.

The nine Duyts pennie of Charles and Philip, foure ounces, foure­teene pennie weight, 129 peeces.

[Page 300]The halfe Ruyters blanke, four ounces, foureteene pennie weight, and 256 peeces.

The Brasse pennie and the halfe, foure ounces, ten pennie weight, and 120 peeces.

The Spanish Ryalls fine, eleuen ounces, 3 ½ pennie weight, and 108 peeces.

The Saluator and Ryall of Venice, eleuen ounces, ten pennie weight, and 96 peeces.

The Italian Ryalls of nine ounces seuenteen pennie, and nine oun­ces 14 pennie, and nine ounces eleuen pennie, peeces 108.

The course Romish Ryalls of seuen ounces fine, and 108 peeces.

The eleuen Duyts of Charles Limb. foure ounces, fifteene pennie weight, and 120 peeces.

The 11 Duyts of Holland, six ounces scarce, and 144 peeces.

The halfe Ruyters blank of Holland, 3 ounces fine, & 144 peeces

The fiue Groot of Flanders, and double Sassenars, ten ounces, 6 ½ pennie, and 146 ½ peeces.

The 5 Groot of Gaunt, 5 ounces, 13 pennie weight, and 145 peeces

The 17 Duyts of Lodouick, Liege, Philip, Guelders, Charles, Lim­borgh, Philip of Flaunders, two standing Lyons, nine ounces ½ fine, and 145 peeces.

The 17 Duyts of Sluce, 9 ounces, 5 penie weight, and 148 peeces.

The double Vierysers fine, foure ounces, ten pennie weight, and 138 peeces to the pound.

The Snaphanen coyned for three Batts, seuen ounces, 7 ½ pennie weight, and 39 ¾ peeces.

The Creuciat of Iohn of Cleaue, eight ounces, seuen penie weight fine, and 39 ¾ peeces.

The fiue Styuer peece of Liege, seuen ounces, eleuen pennie weight fine, and 48 peeces.

The fiue Styuer peece of Gueldres, eight ounces, 1 ½ pennie weight, and 48 peeces.

The Snaphane of Nimegen, Deuenter, and Cleaue, seuen ounces, eleuen pennie weight, and 48 peeces.

The Shilling M.E. [...]nd fiue Groots Philip of Flanders, eleuen oun­ces, three pennie, and 135 peeces.

The other fiue Groot of Philip of Flanders, ten ounces, foureteen pennie weight, foure graines, and 135 peeces.

The fiue Styuer of Cambray, Liege, Horne, six ounces, 6 ½ pennie weight, 48 and 51 peeces.

The Shillings of Gueldres, Vtrecht, Freese, and Zealand, 1586 fine six ounces, and 57 peeces.

The Shilling of Bridges, 1582 fine, fiue ounces, and 57 peeces to the pound.

The Shilling of Gaunt 1583 fine, seuen ounces, seuen penie weight, and 54 peeces.

The Styuer of Gant 1583 fine, three ounces, and 175 ½ peeces.

[Page 301]The Styuers of Groeninghen, Cambray, and Liege, fine three ounces, fiue pennie weight, and 135 peeces.

The eleuen Duyts of Philip and Marie, eleuen ounces, 3 ½ pennie fine, and 270 peeces.

The Ferdinand of Tiroll ten ounces, 7 ½ pennie weight, and 270 peeces.

The peeces of 5 ½ Groot of 1520, and Ma. Flandres nine ounces, foureteene pennie weight, and 120 peeces.

Dollers

The Doller of the States nine ounces fine, and 12 1/64 peeces to the pound weight.

The Hollandts Doller nine ounces fine, and 13 ⅓ peeces to the ll.

The Dollers of Gueldres and Vtrecht nine ounces fine, and fifteen peeces to the pound.

The Dollers of Zutphen and Gueldres 1586 fine, ten ounces, foure pennie, and 13 ⅔ peeces.

The Hollandts Doller with the Crown 8 ounces, and 13 5/3 peeces.

The Rickx Doller Oncia eleuen ounces, fiue pennie weight, and 12 ½ peeces.

The other sorts of Rickx Dollers of eleuen ounces, and eleuen ounces three pennie, and 12 ½ peeces.

• The Poland Doller fine, seuen ounces, fifteen pennie weight, and 13 ½ peeces.
• The Bohemia Ne. Op. fine, seuen ounces, fifteen pennie weight, and 13 ½ peeces.
• The Batenborgh Dol. fine, seuen ounces, fifteen pennie weight, and 13 ½ peeces.
• The Bommell Doller. fine, seuen ounces, fifteen pennie weight, and 13 ½ peeces.

The Polish Guelder of sixtie Creutzer, eleuen ounces, 3 ½ pennie fine, and fifteene peeces.

The Dollers of Brisgau, Tremone ten ounces, fifteene pennie weight fine, and fifteene peeces.

The Dollers of Luneborgh ten ounces, sixteene pennie ½ fine, and fifteene peeces.

The Basell sixtie Creutzer, Reynsborch, and Ismensen ten ounces, 13 ½ pennie, and fifteene peeces.

The Doller of Riga ten ounces, 2 ½ pennie weight, & 13 ½ peeces

Teastons.

• Of Mantua, Francis—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Ferrara, Hercules and Alphonsus fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Berne, Vincent—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Ottomanus Berne—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Lucerne, Episcopus—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Milan, Lodouicus—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Milan, Galeacius—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Friborgh, Nicolas—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Sedun, Nicol. dan Adrian—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Solod, Vrsus—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Sauoye, Carolus—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.
• Of Castile—fine eleuen ounces, 5 ⅙ pen­nie weight, and 45 peeces.

[Page 302]Teastons.

• Of Portugall Io.V.L. ten ounces, seuen pennie weight fine, and fortie and two peeces to the pound.
• Of France Franciscus ten ounces, seuen pennie weight fine, and fortie and two peeces to the pound.
• Of Lorayne an. 1524. & 29. ten ounces, seuen pennie weight fine, and fortie and two peeces to the pound.
• Of Spaine, Ferdinand ten ounces, 10 ½ pennie weight fine, and 39 peeces.
• Of Nauarre, Anna ten ounces, 10 ½ pennie weight fine, and 39 peeces.
• Of Baden, Chrisostome ten ounces, 10 ½ pennie weight fine, and 39 peeces.
• Of Sauoy, Carolus ten ounces, 10 ½ pennie weight fine, and 39 peeces.
• Of Nauarre, Henricus ten ounces, 10 ½ pennie weight fine, and 39 peeces.
• Of Monserat, George and Guill. ten ounces, 4 ½ pennie weight fine, and 42 peeces.
• Of Geneua,—ten ounces, 4 ½ pennie weight fine, and 42 peeces.