Consuetudo, vel lex mercatoria, or The ancient law-merchant Diuided into three parts: according to the essentiall parts of trafficke. Necessarie for all statesmen, iudges, magistrates, temporall and ciuile lawyers, mint-men, merchants, marriners, and all others negotiating in all places of the world. By Gerard Malynes merchant.

AN INDVCTION TO LEX MERCATORIA, OR THE LAW MERCHANT, AND THE ANTIQVI∣TIE 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 weigh∣tie 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 obser∣uation 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,* 1.1 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 surpas∣sing the compasse of that lower spheare wherein I now moue, must be left vntouched by me, who here take for my obiect not the spiri∣tuall

but the ciuill life of man and the meanes thereto conducing.

Touching therefore the externall part. The mutuall contributi∣on 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 pro∣pertie: and hence did proceed a commerce, first, in reall enterchange and communication of things of the same or other kinds, but all na∣turall 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;* 1.2 the most ancient euidence hereof is Abrahams purchasing for money a field for buriall. The obseruation and cu∣stomes 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 o∣uer aboundant: Then of necessitie followed the vse of trusting, ex∣changing, 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,* 1.3 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 fa∣ther and all his family. And then it was and proued to be true, (which experience hath confirmed) that Vita ciculis in societate posita est,* 1.4 socie∣tas 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 vp∣on new occasions, and was not altogether made in the first foundati∣on, 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 re∣ferred 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.

This Law of Merchants, or Lex Mercatoria, in the fundamentals of it,* 1.5 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 abro∣gation:* 1.6 howbeit some doe attribute this definition vnto ius genti∣um, or the Law of Nations, which consisteth of Customes, Man∣ners, 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 be∣longeth to the Law-merchant.

Euery man knoweth, that for Manners and Prescriptions, there is great diuersitie amongst all Nations: but for the Customes obser∣ued 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 in∣stinct of nature consisting perpetually. And these Customes are pro∣perly 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.

* 1.7Princes 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, vn∣lesse they bee open enemies: They hold likewise a communitie of the seas for Nauigation, as also a distinct dominion of the seas ad∣ioyning 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, Ha∣uens, 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 Law∣merchant as properly inherent vnto commerce, and the obseruation of Merchants being of like condition to all people and nations.

Concerning manners and prescriptions,* 1.8 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 them∣selues 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

goods of any man, whereunto all things touching man haue a refe∣rence, and doe meerely belong to the preheminence of Princes in their places of Soueraigntie.

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

* 1.9A 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 comman∣deth 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 a∣foresaid.

And for that the said customarie Law of Merchants, hath a pecu∣liar prerogatiue aboue all other Customes,* 1.10 for that the same is obser∣ued in all places, whereas the Customes of one place, doe not ex∣tend in other places, and sometimes they are obserued, and some∣times they are neglected. But the Customes of Merchants concer∣ning trafficke and commerce, are permanent and constant, and when they are not truely obserued in some places, by some er∣rour 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,* 1.11 either for suppressing of vice, or establishiug of Vertue: So that whosoeuer alleadgeth a Cu∣stome 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 supres∣sed by Lawes. Likewise a Custome well obserued, is to bee pre∣ferred before a Law not obserued.* 1.12 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 Cu∣stomes 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.

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, Alex∣ander Perusius, Pomponius, Incolaus Boertius, Azo, Celsus, Rusinus, Mansi∣lius, Sillimanus, Accursius, Franciscus Aretinus, Grisogonus, Lotharius, Iuli∣anus, and diuers other doctors and learned of the ciuile Law, haue made many long discourses and volumes of bookes of the questio∣nable matters fallne out amongst Merchants, for and concerning merchandise,* 1.13 which are yearely obseruations or booke cases and pre∣cedents; by the reading whereof, Merchants are like rather to meta∣morphise 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 pur∣pose, full of Apicis iuris,* 1.14 which themselues haue noted to bee subtil∣ties, 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 Mer∣chandising 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 sel∣ling, 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.* 1.15 For he that continu∣ally dealeth in buying and selling of commodities, or by way of per∣mutation of wares both at home and abroad in forreine parts, is a Merchant.

Next in order,* 1.16 the conditions and properties which a merchant ought to haue, are to be considered; namely to be without fraud and

deceit in his buying and selling of commodities, and to keepe faith with all men.

Hereupon questions are made, whether a merchant may trafficke with Turkes, Heathens, Barbarians, and Infidels, and performe pro∣mise 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?* 1.17 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.

* 1.18The 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 offen∣ces 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,* 1.19 viz. Clergie men, Noblemen, Gentlemen, Souldiors, Counsellors at the laws both Ecclesiasticall and Temporall, publicke officers and magistrates, franticke persons and mad men, youthes vn∣der 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.

* 1.20Lastly, they haue obserued, That merchandise is properly to bee made of all moueable things, excepting holie things, and prohibi∣ted wares, or munition to bee carried vnto infidels or enemies. All which determinations can giue but little satisfaction to instruct mer∣chants.

* 1.21Plato 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 lear∣ning 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 comprehen∣ded 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.* 1.22

1. A merchant ought first to know the science of Arithmeticke, and to obserue the daies and times in all his negotiations, and the be∣ginnings of the yeare in all countries, and to calculate all things or∣derly.

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

3. The science of Geometry, and some inspection of Cosmogra∣phy, and the Mathematickes, thereby to know the scituation of coun∣tries, with their distance and spaciousnesse: and the distinct domini∣ons 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 mo∣nyes, 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 substan∣tially for qualitie and vse. As also the weight, finenesse, and valuati∣on of the moneyes of all countries, with the proportion betweene the gold and siluer, and the manner of exchanges made by billes vp∣on the imaginary moneyes inuented to make exchanges betweene countrey and countrey.

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

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

8. The fraighting and setting forth of Ships, making of Charter∣parties, Billes of lading, Invoice, and Couenants and contracts. As al∣so 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 Credi∣tor, 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 com∣mon to some countries, whereby Merchants controuersies are deter∣mined; with the course of attachments and sequestrations, or execu∣tions 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,* 1.23 nor for ought I know, of any author, as is conuenient for Merchants; whereupon I haue

(with Gods assistance) resolued to handle the same compendiously and substantially in this booke, vpon fiftie yeeres obseruation, know∣ledge, and experience. And albeit that the sea lawes are comprehen∣ded therein, whereby the proceedings might seem to be promiscuous∣ly handled, neuerthelesse the method is followed as neere as the mat∣ter could affoord, according to the said three Essentiall parts of traf∣ficke, or the three Simples of commodities: Money, and the Ex∣change 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 here∣in 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 suffici∣encie 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 ru∣led 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 Chap∣ters, distinctly from the Customes of Merchants; vsing the ordinary name of Ciuilians in generall, without naming any particular Au∣thor, 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 mat∣ters of Religion, as in ciuile gouernment, where Merchants (in regard of their Trafficke and Commerce) haue the managing and disposing of the wealth of Kingdomes and Common∣weales: So that it behoueth them, to obserue the yeeres, moneths,

weekes,* 1.24 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 pri∣ces 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 diffi∣cult, if we consider, that Time is inseperably conioyned with Eter∣nitie: But if we obserue the attribute of Time, and doe distinguish things orderly, we shall easily perceiue what Time is, and make vse thereof.* 1.25

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 affe∣ctions 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 mea∣sure 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,* 1.26 hath appointed a succession and progresse of Time, for accom∣plishment of the naturall course thereof: So hath he appointed cer∣taine Periods and Reuolutions of Time, wherein things returne to the same, or like estate wherein they were before. As we see in the motions of the Heauens, and consequently in the seasons of the yere, all which are measured by Time. The Sunne, the Moone, and the Starres, to haue their particular and distinct reuolutions, wherein

they accomplish their courses, and returne after a limitted and de∣terminate 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,* 1.27 taking the similitude from a Ring; which caused the Egyp∣tions 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 there∣abouts, 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 subdiui∣sions, wee cannot in this place omit to particularise concerning the same; albeit it may be thought inconuenient to touch the obser∣uation of the period of Monarchies and Common-weales,* 1.28 made by some Authors, which (by many important reasons) may be am∣plified.

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, vn∣der 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.* 1.29 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;* 1.30 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 rec∣koneth 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,

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,* 1.31 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 Is∣raelites out of Egypt, 430 yeares; and from the departing to the buil∣ding 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 Histori∣call account, whereof vnderstanding Merchants ought to bee infor∣med, & all men take pleasure of this obseruation in their Almanacks.

• From the Creation of the World,* 1.32 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 com∣pleate, but currant—18.

Concerning the yeare, there are many obseruations,* 1.33 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 coun∣tries, 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.

The Grecians of the longest day of the yeare. The Venetians of the first of March. The Spaniards from the Annuntiation of the Vir∣gin 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,* 1.34 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 Ea∣ster 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,* 1.35 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.

* 1.36The 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,* 1.37 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 Maho∣metans, Arabians, and those of Feas and Marocco and other places. The Babylonians, Aegyptians, and Assyrians, haue also obserued 365 daies for the yeare;* 1.38 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,

wherupon the Sunne hath his continuall motion or period, neuer de∣clining from the same: and on each side is imagined to be another lesser Circle limiting the latitude of the Zodiake,* 1.39 the middle where∣of is called the Ecliptike, for that whensoeuer there shall be a con∣iunction 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,* 1.40 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 opposi∣tion, 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.* 1.41 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,* 1.42 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 hu∣mors, times and seasons, and distemperature of bodies;* 1.43 the aunci∣ent Astronomers haue attributed vnto them certaine names of crea∣tures, figures, and poeticall allusions, for distinction sake, and to de∣clare their propertie in some weake and confused sort.

Also the number 19 called the Prime and Golden number, be∣cause it was written in Golden letters for the vtilitie thereof, which deserueth the more so to be adorned with Gold for a perpetuall re∣membrance 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,* 1.44 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 num∣ber

of the meeting of the Sunne and Moone vpon this Period, when he made his Kalender 44 yeres before Christ; for the vse hereof be∣gan in the yeare of Christ 532.* 1.45 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.

* 1.46The 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.

* 1.47The day doth also begin diuersly: The Astrologians or Astrono∣mers 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, be∣ing 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, Po∣land 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 Noren∣borough, from one rising of the Sunne to the other, 24 houres.

* 1.48The daies of the moneth are also noted by Calends, Nones, and Ides. The first day of the month was Calend, so called of Vocato Popu∣lo, 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 obseruatio∣nis initium, or nono, as the ninth day from Idus. The Tuscanes hereto∣fore 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.

* 1.49Indictio 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 ar∣mour: 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 ob∣seruation the calculation of some historicall yeares is made.

That the Romane Kalender may easily be reformed without the Alteration of ten dayes, made by Pope Gregorie the 13.

IVlius Caesar the first Emperor of Rome, a man learned and of great magnanimitie, considering that the Romane yeares were reckoned confusedly according to the course of the Moone, & by the Hebrews

with their intercalar moneth, to make the same agree with the Sun: By the counsell and instigation of Sosigenes, an expert Mathema∣tician, about 44 yeares before the Birth of Christ, deuised a new fo••me of Kalendar, first framed after the course of the Sunne, diuiding the whole yeare into three hundred sixtie fiue dayes, and sixe houres, making it to containe twelue moneths, whereof the names are yet in vse; beginning from March for the first moneth; which caused September, October, Nouember, and December, to beare their names the seuenth, eightth, ninth, and tenth moneth; yet all yeares by the Almanackes putttng Ianuarie for the first mo∣neth, beareth the name accordingly from the Heathen god Ianus, painted with two faces, as it were beholding the yeare past, and the yeare to come. Februarie was so called of certaine sacrifices then offered, called Februa; March, of Mars, an Heathen god; April,* 1.50 of the Spring Time, and the word Aperio, opening all vegetibles and other things; May, of Maya the mother of Mercury; Iune, a Iuniore, for that all the yong people had a meeting in that moneth for recrea∣tion; Iuly, of his owne name Iulius; and Augustus, for the inlarging of the Empire.

Now forasmuch as the odd six houres, could not conueniently bee brought to account euerie yeare: hee ordained that euerie fourth yeare one day should bee added to February, because foure times six houres maketh vp a whole day of foure and twentie houres, and the yeare wherein this odde day falleth,* 1.51 wee call com∣monly Leape yeare, hauing three hundred sixtie six dayes. And be∣cause it was added at the six Calends of March, it is named in Latine, Bissixtus, or Bissextilis Annus. Neuerthelesse Iulius Caesar did begin his Kalender in Ianuarie, when the Sunne entreth the eighth degree of Capricorne, eight dayes after the winter Solstitium,* 1.52 which then being the shortest day of the yeare fell vpon the twentie fiue of December. And the Spring Time Equinoctium, about the twentie fiue of March.* 1.53 The which places of the Sunne are now changed and sliden backe in the Iulian Kalender, from the said obseruation of the Spring Equi∣noctium, as also from the Haruest Equinoctium (being about the twen∣tie six of September) the longest day then falling out the twentie fiue of Iune, grounded vpon this reason of preuention of the Equi∣noctiall to the twelfth, eleuenth, and tenth dayes of the said moneths, and the thirteenth and fourteenth of September: But the chiefe cause proceedeth by reason that Iulius Caesar did reckon the yeare to continue three hundred sixtie fiue dayes, and six houres; which is more than the iust Astronomers calculation by tenne minutes of an houre, and fortie foure seconds, accounting sixty minutes to an houre, and sixtie seconds to a minute: so that the yeare truely containeth three hundred sixtie fiue dayes, fiue houres, fortie nine minutes,* 1.54 and sixteene seconds, as is before declared, which difference in the space of one hundred thirtie foure years or thereabouts, maketh one whole day; and in the space of one thousand six hundred sixtie foure yeares,

being the time that the Iulian Kalender was set forth, vntill the last yeare, it commeth to twelue dayes, twentie two houres, fortie mi∣nutes, and twentie fiue seconds.

For this cause sundry learned men haue heretofore desired that the same may bee reformed, to auoid inconueniences, and to haue a true account of yeares and dayes. And the matter was propounded to diuers generall Councells, but tooke no effect, till now of late yeares, by meanes of Pope Gregory the thirteenth, in the yeare 1582, and then it was permitted to one Aloysius Lilius, (professor in Ma∣thematicke Astrologie) to set downe this long desired Reformation; who being resolued to doe the same exactly by true account, was hindered by the Clergie, for they would not agree that the same should be drawne backe any further than to the time of the Nicene Councell, which was in the yeare 328: and hereupon hee brought the reckoning backe only ten daies, & caused the fifteenth day of De∣cember to bee called the twentie fiue day,* 1.55 which is but obserued in some places, and brought great controuersie in diuers countries: see∣ing the day of the Natiuitie of Christ, and other Festiuall dayes, and also dayes of keeping of Faires and Markets, are changed and hol∣den tenne dayes before the accustomed time. And Merchants and others in making their Contracts and Obligations are often disap∣pointed of their dayes of payment, with diuers other inconue∣niences.

Whereas men of true iudgement, might haue made this argu∣ment: Is it by the addition of Time, growing by certaine minutes and seconds euery yeare, arising to one whole day euery fourth yeare, in the moneth of February? Then, as it is increased thereby thirteene dayes in one thousand six hundred sixty foure yeares, it may by the same Rule decrease so much in few yeares,* 1.56 by leauing out, and suspending that one day, which is so added, vntil it come to his first in∣stitution and calculation of the Iulian Kalender; which may bee re∣formed in fiftie two yeares, beginning from the yeare 1620, being Leape yeare, and leauing out thirteene dayes, which is little more than one houre in the said, and is no perceptable difference; and after the said fiftie two yeares expired, to adde the said day againe, and there will not increase any one day more, but in one hundred thirtie foure yeares. And all the yearely obseruations may be accommodated accordingly.

I made an exact Table heereof, in the yeare 1604, whereby the day of the Natiuitie of our Sauiour fell out againe to bee the shortest day of the yeare. This Table was shewed vnto the Kings Maiestie of Great Brittaine (as I was informed) and howsoeuer pleasing, yet for some causes to mee vnknowne not held fit to bee established.

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

VNitie is the Spring and Fountaine of Numbers, which hath a reference vnto God, the only foun∣taine of Goodnesse, the onely Father, Creator, and preseruer of vs all. Heere let vs note, that the Philosophers haue not onely (with one con∣sent) affirmed, That great mysteries and vertues are contained in numbers. But the ancient Fa∣thers 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 Reuelati∣on would not haue said, He that hath vnderstanding let him reckon the Number of the name of the Beast,* 1.57 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, al∣though he did write in Greeke, which number was 666 by signifi∣cant letters. Now, as one is no Number, but vnitas; so there is but one God, one World, one Sunne, one King of Bees,* 1.58 and leader amongst Cattell. Number Two, is the first ofspring of vnitie, not composed, but in societie vnited, called the Number of Iustice, wher∣in many things are obseruable. The Two Tables of the Law;* 1.59 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,* 1.60 as the Phi∣losopher faith, which diuers also doe acknowledge to be of great efficacie in all things; whereof Pithagoras, Virgil, Plini••, Aristosle, Tri∣megistus and others, haue written copiously; the glory of all belong∣ing to the three persons in the God-head, with the vertues of Faith, Hope, and Charitie.* 1.61 In the figure of Foure many things are to bee no∣ted, 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,* 1.62 that take nine

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 Sen∣ses, fiue fingers and toes, fiue sorts of creatures, and other dependen∣ces, would be tedious. The Number Six is not void of the like applications: but no number more vsed in holy Scripture (as per∣fect and compleate) than the Number Seuen,* 1.63 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 insti∣t••ted,* 1.64 that the Israelites should number vnto them seuen Sabbaths of yeares, containing 49 yeares, and immediatly in the beginning of the 50 yeare following,* 1.65 the trumpet of a Iubilee should be blowne the 10 day of the Seuenth Month. The sacrifices for the most part were offe∣red 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 men∣tioned 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 Commande∣ments; Tenne Curtaines in the Temple of Salomon; Tenne Strings vpon the Harpe, Tenne Musicall Instruments, and diuers other parti∣culars.

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 brest∣plate of Aaron; so many Loaues offered; so many Altars builded, and so many Lions vnder the brazen Seas; so many fountaines in He∣lim, & 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 Ieru∣salem;

omitting to speak of the Twelue Signes of the Zodiake, and many other particularities touching the coherence of this number. Let vs note,* 1.66 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 ap∣pointed 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 pro∣uidence 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,* 1.67 wherein and wherewith God doth gouerne all things ac∣cording 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 con∣tracts and agreements betweene man and man (in the course of Traf∣ficke and Trade for all commodities) are made, to distinguish Meum and Tuum, by the Law and otherwise, according to common consent of all Nations.

All WEIGHTS are diuided into three sorts.

FIrst by the great number, that is to say, by Hundreths, Kintalls, Centeners, Talents, Thousands, Waighs, Skipponds, Charges, Lispounds, Rooues, Stones, and such like.

The second fort of Weights, is by Pounds, Mina, Manes, Rotulus, &c.

The third diuision of Weights doth consist in the smaller diuisions of 12, 14, 16, 18, 20 and 30 ounces to a pound, and the subdiuisions thereof.

The Talent of the Grecians 60 Minas,* 1.68 euerie Mana 100 Drag∣mes, so a Talent is six thousand Dragmes, 8 of them to one ounce is 750 ounces. Another Talent of Greece is 16 Sestertios, being 40 Minas or Pounds of 18 ounces, as also of 20 ounces. In Aegypt it was 32 Sestertios or 80 Pound. The 50 Sestertios of Cleopatra are 125 ll. In Thratia 48 Sestertios being 120 Pounds. In Africa 24 Sesterti∣os are 60 ll. differing also in the pound weight.

* 1.69 Cantar or Kyntall, or Centener, called hundreths of 100, 112, 120, 125, 128, and 132 pounds. The Hebrews did call Cicar to bee 50 Minas or Maneg.

* 1.70Weighs are commonly 165 ll, or 180 ll, or 200 1/•• for acharge.

* 1.71Skippounds of 300, 320, 340, and 400 pounds the Skippound.

* 1.72Lyspounds of 15 and 16 pounds to the Lyspound.

* 1.73Rooues or Arrobas of 10, 20, 25, 30, and 40 pound to the Rooue.

* 1.74Stones of 6, 8, 10, 14, 16, 20, 21, 24, and 32 ll, and also 40 ll, as more particularly appeareth hereafter in their proper places.

* 1.75Mixias are also vsed, whereof we find mention made in some books, is ten thousand, and is commonly vnderstood for 10000 Dragmes of 8 to an ounce, and 12 ounces to the pound.

* 1.76The pound is also diuided by Markes of 8 ounces, and Besse of 12 ounces; euerie ounce was amongst the Hebrews 2 Sicles, or Stater.

* 1.77Siclus is sometimes taken for an ounce, also halfe an ounce, and quarter of an ounce, which is Gerag, or Obolus.

Mina Ptolomaica is 1 ½ Rotu∣lus which is diuided into small parts, viz.

• 18 ounces, of 12 to one Rotulus
• 144 Dragmes, of 8 to one ounce.
• 432 Scruples, of 3 to a Dragme.
• 846 Obulus.
• 1296 Lupes.
• 2592 Siliquas or Carrats.

* 1.78Mina of the Grecians, other∣wise called Inna or Maneg, is a pound.

• 12 ½ Ounces.
• 25 Staters or Ciclos.
• 100 Dragmes or Rosoli.
• 300 Scruples, 24 to an Ounce.
• 600 Obolus.
• 900 Lupines.
• 1800 Siliquas.
• 3600 Areola or Chalcos.

Rotulus in Arabia, Siria, Asia Minor, Aegypt, and Venice is 1 ll.

• 12 Ounces or Sachosi.
• 24 Septarios or Cicles.
• 84 Deniers of 7 to an Ounce.
• 96 Dragmes or Darchiny.
• 288 Scruples or Grana.
• 576 Obolus or Orlossat.
• 864 Danig.
• 1728 Carrats or Siliqua.
• 6912 Kestuff.

The 7 Deniers make an Ounce, and there were Dragmes also of 1 ½ Dragme, and of 1 ½ Dragme, and of one Dragme called Alby.

In the Low-countries the Pounds are diuided diuersly in 16 Ounces, euerie Ounce in 8 Dragmes, or fifths, and 8 parts; And in France they call them 8 Grosses, the 128 make one pound. In other places they diuide the pound in 12, 14, and 15 Ounces,* 1.79 whereof the Pounds and Ounces both do differ, which is the cause that hereafter euerie countrie hath a declaration thereof.

At Bridges in Flaunders they vse Pounds of 14 Ounces,* 1.80 and of 16 Ounces, whereof the 100 ll of 16 Ounces make 108 ll of 14 Oun∣ces; which Ounces of 14 to the Pound are heauier, for 100 Ounces of these are 105 ⅓ Ounces of the 16 to the Pound: which Ounces are diuided in halfe Ounces, or Loot, and euerie Loot in 2 Sizayns, and euerie Sizayne in 2 Dragmes or Quintes. The smaller proporti∣ons and subdiuisions of other places are as followeth.

Italian Pounds for physicke vsed in other places also.

• 12 Ounces.
• 24 Loot.
• 48 Sizaynes or Siliqua.
• 96 Dragmes.
• 288 Scruples.
• 576 Obolus.
• 1728 Siliqua.
• 5760 Graines.

The said Weight of physicke is at Lyons in France as the Mer∣chants ll.

• 12 Ounces.
• 96 Dragmes.
• 288 Scruples.
• 5760 Graines.

The Pound weight of Venice.

• 12 Ounces.
• 72 Sextulas.
• 1728 Siliqua.
• 6912 Graines.

The Pound at Paris in France.

• 16 Ounces.
• 128 Grosses.
• 384 Scruples.
• 9216 Graines.

In Italie the Pound is also diuided

• 12 Ounces.
• 24 Staters.
• 96 Dragmes.

Vienna in Austria the Pound i••

• 32 Loott.
• 128 Quintes.
• 512 Pennings.
• 12800 Graines.

Forasmuch as it falleth out most commonly, that vpon triall of an vnknowne Weight, we doe beginne from the smallest Weight or Graine, and so ascend to the other proportions, and to the Pound, by comparing the same to our Graines and diuisions of the Pound,* 1.81 which in matter of mint for gold and siluer is of great moment, when the pennie weight is diuided into 24 Graines in England, and in the Low-countries into 32 Grains. Let vs note the great diuersitie aboue∣said of 5760 Graines to 12800 vsed at Vienna and other places, proportionably to their pound; and consider how easily we may be ouertaken therein, whereof a more ample declaration is in the mint affaires.

There is also a great obseruation to be had in the correspondencie of Weights of one countrie to the Weights of another countrie, vp∣on the hundreth subtle, that is to say 100 pounds euen Weight. And because in England all wares of Volume or Bulck is sold, some by the hundreth weight of 112 ll, and some is sold by the pound, as spices, sugars, and such like, & yet are weighed by the said weight of 112 ll; and that moreouer there is an ouer-weight allowed called Trett which is 4 vpon the 112 ll, and also 2 ll vpon euery skale of 3 hun∣dreth weight called Cloff, which is abated betweene the buyer and seller,* 1.82 and so there is a losse of weight by this Trett and Cloff: and especially because the commodities imported are bought by the weight of forreine nations; I haue thought conuenient to describe the said correspondence of Weight according to the 100 ll subtle of Antuerp, being generally knowne in all places: and for the Weight of London, to make some obseruations particularly.

The correspondencie of Weight of most places of Trafficke.

* 1.83THe Custome of Antuerp is to weigh by the hundreth pounds euen weight called Subtle, for the which commonly there is al∣lowed at the weigh-house 101 ll. A Stone weight is 8 ll, the Skip∣pound 300 ll, the Weigh 165 ll, the Carga or Charge 400 ll, which are two Bales of 200 ll for an horse to carrie on either side, and the Pound is diuided into 16 Ounces.

The said 100 ll weight of Antuerp weigheth in the places fol∣lowing,

* 1.84At London and all England—104 ll subtle weight, and of the

Kyntall weight of 112 ll, it weigheth—91 ½ ll.

At Dublin and all Ireland also,* 1.85 104 ll and 91 ½ by the great hun∣dreth.

At Edenburgh in Scotland—96 ll and all Scotland ouer;* 1.86 and 103 ⅓ for 112 ll.

The said 100 ll make 189 ½ Markes of 8 ounces, which are ounces Troy; wherewith Gold, Siluer, Pearles, Muske, Corrall, &c.

Diamonds are weighed by another weight, called Carrat:* 1.87 which is also vsed in England, France, and other places. One Carrat is 4 graines in England; and with them about 5 graines, be∣cause as aforesaid they haue 32 graines to the English, being our penny weight.

The said 100 ll of Antuerp are correspondent with the 100 ll of Bruxells, Malines, Hartogenbosh, Louain, Arschor; but at Barrow op Zoom 98 ll.

At Briges also 100 ll. But wooll weight is 108 ll,* 1.88 which are weighed by Stones of 6 ll, called Nayles, vsed also by the Skin∣ners there, and maketh 114 ll English Wooll weight waying by foure nayles, whereof fortie fiue nayles make a weight, the two waighes make one pocket of wooll.

This 100 ll of Antuerp is but 93 ll at Bridges, in the waight of Butter and Cheese, waying by Stones of 6 ll, and 20 Stones is a waigh, and doe make also 189 ½ Markes of Siluer, Gold, &c. Troy weight.

The said 100 ll makes at Gaunde, Ypre, Dixmuyde, Hulst,* 1.89 Po∣peringe, Tornay, Ailst, Mirnow, for Hops and other wares 108 ll; and also in the Wallons countrey. And at Audinard, Cortryke, Lille, Doway, Santomur, and all Flaunders 110 ll.

The said 100 ll, of Antuerp make at Amsterdam but 94 ⅘ ll,* 1.90 and for Silkes they vse the weight of Antuerp.

And all Holland, Gelderland, Walsland, and Sealand, it is 99 ll.* 1.91 And 110 ll onely at Zurickzea and Tergoes maketh 107 ll.

FRANCE.

The said 100 pound of Antuerpe Subtle, weigheth by the Kings weight,

At Paris—93 ll accounting 4 quarters of 25 pound to the hundreth.

Diepe, Abbeuile, Bourdeaux, Borgoingne, &c.—94 ¾ ll.

Roan—91 ll, by the Vicontee, accounting as at Paris.

Also by the ordinary weight—94 ¾, waighed by the same, and account 4 {per} cent ouer.

• Lyons
  • 111 ll Ordinary weight by Centeners of 112 ll.
  • 102 ll Almeric, or weight of Genua, for Silkes, Saffron, and such like, weighing by small weights, and abating 8 {per} 100.
  • 94 ¾ ll By the Kings weight, to pay Cu∣stome by.
  • A Charge, is 300 ll, a Quintall 100 ll, and a Somme is 400 ll.
• Tholouze. 111 ll; euery Centener or Quintall, is 2 Frailes of 56 ll.
• Auignon. 111 ll; euery Centener or Quintall, is 2 Frailes of 56 ll.
• Montpellier 111 ll; euery Centener or Quintall, is 2 Frailes of 56 ll.
• Rochel.—111 ll; and 119 ll by the small weight.
• Calais in Picardy
  • 111 ll Ordinary weight.
  • 92 ll Merchants weight.
  • 114 ll The English wooll weight.
• Genua
  • 102 ll Weight for Spices.
  • 85 ll By the great weight. Carga, or Charge, is 270 ll small weight.
• Marsellis.—111 ll.
• Saint Antoine.—127 ll.
• Aquismort. 102 ll. And all France generally 111 ll. Lions weight are some 102 ll, or 94 ¾ as aforesaid.
• Mirabel. 102 ll. And all France generally 111 ll. Lions weight are some 102 ll, or 94 ¾ as aforesaid.
• Calsada. 102 ll. And all France generally 111 ll. Lions weight are some 102 ll, or 94 ¾ as aforesaid.
• Offerte. 102 ll. And all France generally 111 ll. Lions weight are some 102 ll, or 94 ¾ as aforesaid.

SPAINE.

• Seuill the said 100 ll are 107 ll by
  • Great Quintall of 144 ll of 4 roues of 36 ll.
  • Smaller Quintall of 112 ll, of 4 roues of 28 ll.
  • Lesser Quintall of 120 ll, of 4 roues of 30 ll.
• Granada & Ar∣maria bona
  • 105 ll Is pound of 16 Ounces.
  • 93 ll Silke and Copper weight of 18 Ounces.
  • 54 ll Great weight for flesh, of 32 Ounces.
• Castile.—102 ll.
• Medina del Campo.—102 ll.
• Burgos.—93 Rotolus.
• Arragon.
  • 106 ll.
  • 96 ll, Great weight for wooll.
• Barselona. 131 ll, Small weight for Saffron.
• Valentia.
  • 106 llBy Quintalls of 4 roues, of 30 ll for Spices.
  • 134 ll By Quintalls of 4 roues, of 36 ll.
• ...

• Carga is 3 Quintalls of 360 ll, and the greater of 432 pounds.

The said 100 ll of Antuerp makes in Spaine

• At Leon.—109 ll.
• Sarragossa.—112 ll, and smal Quintal 131 ll.
• Lavalona, Sallanico & Magilica.—131 ll.
• Vilaco.—80 ll.

The Ilands of the Canaries, and all the Ilands of Spaine vse the weight of Seuill, as aforesaid.

PORTVGALL.

The said 100 ll make 107 ½ Rotules or Araters by

• The great Quintall of 128 ll.
• The small Quintall of 112 ll, containing each foure rooues of 32 ll, and 28 ll.

There is allowance made, foure vpon the hundreth vpon Sugars; and 2 and 3 vpon Cotten wooll, and such like. The small Quintall is the weight of the contraction House of the Indies: Spice is weigh∣ed heereby, but all weighed by the great Quintall, and reduced vp∣on the lesse Quintall. One Quintall of Wax is 1½ Quintall of 112 ll, is 168 ll.

• Madera 107 ½ Rotules, or pounds by the Quintall of 128 ll.
• Cabo Verde 107 ½ Rotules, or pounds by the Quintall of 128 ll.
• Santo Thomas 107 ½ Rotules, or pounds by the Quintall of 128 ll.
• Guynea 107 ½ Rotules, or pounds by the Quintall of 128 ll.
• Marocco in Barbary 107 ½ Rotules, or pounds by the Quintall of 128 ll.
• Feas and Suus in Barbary 96 ll.

Calicut 80 Aracoles for the said 100 ll of Antuerp; here they sell by Baccar or Bahar, being at Lisbone 4 great Quintalls of 112 ll.

Baccar or Bahar is

• 4 Quintals for 120 Aracoles.
• 20 Faracoles of 32 ll {per} Rooue, at Lix∣borne is 5 Quintalls.
• 480 Aracoles.

ITALIE.

Venice, the said 100 ll, is—98 ⅔ ll great weight, wher∣with Flesh, Butter, cheese, Leather, dates, Yearne, Copper thred, yron, Oyle, Brimstone, and Wooll are weigh∣ed, called, A la grossa:

And by the small weight, Allasotile—156 ll of 12 ounces, most v∣sed for all merchandi∣ses, euery ounce is six Saffi, euery Sassi of 24 Carrats, euerie Car∣rat is foure Graines.

They doe also weigh by thousands of 40 Mixi of 25 ll euerie one. And there is allowance made two vpon the hundreth, in the Custome house, they account also by Cargaos of 400 ll smal weight: Also by starre of 220 ll weight, howbeit star is Mensuralis, to mea∣sure according to the weight of the goods, as Ginger 180 ll, Rai∣sons 260 ll, Corne 130 ll. Starre containeth 54 pottles of wine at Antuerp, Istria, Spalato, Sequia, Fiume, Piran, and Trieste, haue all the same weight, which the Venetians vse, as aforesaid.

The said 100 ll at

• Rome. 132 ll.
• Florence. 125 ll of 12 ounces.
• Bolognia. 53 ll of 30 ounces, to weigh wax & wooll by roues of 10 ll.
• Milan, Pauia & Cremona
  • 143 ll, of 12 ounces most vsed.
  • 132 ll of 12 ounces, being 13 of the other.
  • 60 ll of 28 ounces for flesh.
• Rechanate—137 ll, but to gold thred but 112 ll.
• Treuiso, Padua, 137 ll, and 108 ll by the two Quintalls.
• Ferrara, Ottrante, 137 ll, and 108 ll by the two Quintalls.
• Vrbino, Lansan, 137 ll, and 108 ll by the two Quintalls.
• Cesena, Bergamo, 137 ll, and 108 ll by the two Quintalls.
• Verona 90 ll, and for gold Thred 143 ll.
• Bressa 184 ll, and for Venice gold 136 ll.
• Naples 120 ll, and for Venice gold 134 ll.
• Romagna 120 ll, and for Venice gold 134 ll.
• Carpi, Mirandola, The said 100 ll of Antuerp make 147 ll.
• Parma, Plaisance, The said 100 ll of Antuerp make 147 ll.
• Luca, Mantua, The said 100 ll of Antuerp make 147 ll.
• Forli, Carmia, The said 100 ll of Antuerp make 147 ll.
• Aquila, Crema, The said 100 ll of Antuerp make 147 ll.
• Como, Piedmont. The said 100 ll of Antuerp make 147 ll.
• Sauoy—137 ll, and small weight 195 ll.
• Rauiano, Faenza, Modena, Rimano, Rauenna and Raguza, all 132 ll.

Genes by Roues, to a Quintall of 4 Roues and 4 ll ouer and aboue allowed, Pepper 110 ll, and Ginger 114 ll the Quintall.

• Napoli de Reame 147 ll. 53 Rotulus the 100 to one quintal or Cantar.
• Puglia, Calabria 147 ll. 53 Rotulus the 100 to one quintal or Cantar.
• Macharon—147 ll. 53 Rotulus the 100 to one quintal or Cantar.

Sicilia all the Island ouer

• 152 ll of 12 ounces.
• 61 Rotuls of 30 ounces is a Cantar of 24 Sestertios.
• 54 Rotuls for flesh by Talents of 12 Se∣stertios, is 30 Rotulos.

• Candia—
  • 138 ll for gold threed.
  • 89 Rotules, the 100 is a Cantar or Quintall.
• Nigrepont 119 ll. 87 Rotules, the 100 a Cantar.
• Griro 119 ll. 87 Rotules, the 100 a Cantar.
• Laarta 119 ll. 87 Rotules, the 100 a Cantar.
• Cataio 119 ll. 87 Rotules, the 100 a Cantar.
• Lacaonia 138 ll, and 78 ½ Rotules.
• Constantinople
  • 87 ½ Rotules, the 100 a Cantar.
  • 39 Ochaa.

Dragma they call Metallici of 2 ½ make 3 Dragmes of ours.

The said 100 ll make at Armenia 130 ll.

• At Bursa in Natolia—88 Rotules.
• Bucca—44 Ochas.

Damasco 26 Rotules, whereof the 100 make a Cantar, euery Cantar 5 Zurli or stones of 20 Rotules, a Riuola is at Antuerp 225 ll.

• Tripoli 22 Rotules.
• Bieritti 21 Rotules.
• Suria 156 Minas, euerie one of 100 Dragmes.

Siria in Hebrew 80 Minas or Maneg, and 100 is a Talent of pounds 18 ounces.

• Alexandria—
  • 108 Rotules, the 100 a Cantar.
  • 78 Minas of 20 ounces.
• Kalla maketh at Antuerp 560 ll.
• Molucco 88 Rotules, the 112 make a Cantar.
• Arabia—
  • 78 Rotules of 12 Sachosi, or ounces
  • 148 ll.
  • 104 Maires or Minas.

Almerica Malica—90 ll of 12 ounces, or 36 Minas Sestertios of 30 ounces, or is 60 Siclos.

Cyprus 20 ½ Rotules, the 100 a Cantar, and the 100 of Famia∣gosta are in all the Iland 104.

Rhodes 19 ½ Rotules, the 100 make a Cantar.

Scio: Fio 96 ¾ Rotules or Scrutari.

Corfu 97 ll great weight, and 115 ll small weight.

Leuante 26 Rotules and 156 ll.

Aegypt.

• Alcario.
  • 78 Minas of 16 ounces
  • 164 ll.
  • 27 Rotules of 6 ll euery one.
• Sciba is at Antuerp, 320 ll, is Skippound.
• Zeroi is 50 Rotules.
• Forfori is 65 Rotules, is for Pearles.
• Zaidin is 77 Rotules.

Muske and Amber is weighed by Metallici or Dragmes, and with Peso, whereof 1 ½ is Metallicum, the 50 are one marke, and our marke is 42 Metallici.

Suria

• Tripoli 26 ½ Rotules.
• Achri 17 ¼ Rotules, the 100, a Cantan Tambaran.
• Aleppo and Aman 22 Rotules, the 100 a Cantar.

Euerie Rotule is 60 ounces, 8 Metecalo or Dragmes is the Rotulo, 480 Metecalos or Metalicos is euerie one 1 ½ Peso, and the 10 Pesos is an Ouga or Ongia, wherewith ciuet is weighed.

• Archipelago 120 ll.
• Nichosia 120 ll.
• Barbarie
  • Arcadia
    • 92 ll.
    • 83 ll, for Mauigette.
  • Tripoli 63 Rotules.
  • Thunes 63 Rotules.
  • Oran
    • 94 Rotules, the Cantar is 5 Roues of 20 Rotules
    • 138 ll for spices, and the Cantar is 4 Roues.
    • 50 Rotules for corne, euerie Cantar 6 Rotules.
    • 61 Rotules for cotton wooll, 15 to a Cantar.
  • Vna
    • 65 Rotules for cotton wooll.
    • 75 Rotules for spices.
    • 94 Rotules for corne.
  • Sus in Africa by the Quintall of 100 ll of Seuill.
  • Feas, the Quintall is 66 ll of Antuerpe of 18 ounces.

GERMANIE.

The said 100 ll of Antuerpe make as followeth, at

• Norenborgh 92 ll of 16 ounces or 32 Loott, some by the Cente∣ner of 100 ll, and some of 120 ll.
• Constance 92 ll of 16 ounces or 32 Loott, some by the Cente∣ner of 100 ll, and some of 120 ll.
• Spiers 92 ll of 16 ounces or 32 Loott, some by the Cente∣ner of 100 ll, and some of 120 ll.
• Bibrach 92 ll of 16 ounces or 32 Loott, some by the Cente∣ner of 100 ll, and some of 120 ll.
• Collen—93 ⅓ ll.
• Ausborgh all 95 ll.
• Munchen all 95 ll.
• Wisell all 95 ll.
• Norlingen all 95 ll.
• Salsborgh—111 ll by the small weight, and 83 ll by the great.
• Meysen and all Saxonie
  • 100 ll, Zigostatica is the Princes, weight, marke, pounds of 16 ounces.
  • 96 ll Merchants weight.
  • 148 ll of 12 ounces.
• ...

• Frankford 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.
• Hecdelborgh 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.
• Lipsich 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.
• Friburch 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.
• Vlme, Isuff 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.
• Offen of Offner 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.
• Basle 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.
• Costuts 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.
• Dompstetter 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.
• Botsen 138 ll, ordinarie weight.
• Adler 91 ll to weigh Steele, Tinne, and Copper.
• Bresloo 120 ll by Centeners of 132 ll, and Stones of 24 ll, wherof 5 Stones make a Centener.
• Silesia 120 ll by Centeners of 132 ll, and Stones of 24 ll, wherof 5 Stones make a Centener.
• Poosen 120 ll by Centeners of 132 ll, and Stones of 24 ll, wherof 5 Stones make a Centener.
• Prage, Canali 87 ll.
• Passau, Gern 87 ll.
• Regensborgh 87 ll.
• Vienna 85 ll, a sum of quicksiluer is 275 ll of 32 Loott the ll.
• Ersurd 85 ll, a sum of quicksiluer is 275 ll of 128 Quints the ll.
• Idria 85 ll, a sum of quicksiluer is 275 ll of 512 Penning the ll.
• Loosen—146 ll.

EASTLAND.

The said 100 ll of Antuerpe make at

• Hamborogh—96 ll, The Centener is 120 ll of 10 ll to the stone, 300 ll to the Skip∣pound, or 20 Lispound of 15 ll.
• Lubecke—96 ll, The Centener 112 ll, the Stone 10 ll, & 32 stone to a Skippound, and the 20 Lispound of 16 marke pound is a Skippound also.
• Coppenghen 96 ll as Lubecke
• Berghen in Norway—96 ll, but very vncertain waighing with a sling.
• Straelsont 92 ll, the stone 10 ll, and the Lispond 16.
• Statin is 96 ll, small stone 10 ll, great stone 21 ll, the Centener 112 ll.
• Stockholm in Sweden 120 ll, the Skippond is 320 ll, and also 340 ll as at Dansicke by stones of 34 ll.
• Reuell 120 ll, and the Skippound is there 400 ll.
• Dansicke 120 ll, 16 marke pound are one Lispound, and 20 Lispound one Skippound by the small stone of 24 ll for spices &c.

They haue also a great stone to weigh grosse wares, as wax, flax, and the like of 34 ll, whereof 10 to the Skippound of 340 ll.

• Coninxborogh 125 ll, the stone is 40 ll, & 10 stones one Skippound of 400 ll, they doe weigh also 350 ll, for the Skippound of

• Dansicke which is very dangerous, besides that the citizens are much fauoured.
• Meluin is 124 ll, the stone 40 ll.
• Riga is 120 ll, and 20 a Lispound, & 20 Lispound to the Skippound.
• Thoren 120 ll, the stone is 24 ll.
• Nareca 120 ll, agreeing with the weight of Riga.
• Wilde is likewise 120 ll, and 20 ll one Lispound.
• Cracou is 124 ll, and the Centener is 136 ll.

* 1.92The Skippound is vsed in many places, and as in Italie and other countries a Carga or Charge is the loading of a horse of 300 or 400 ll: so the Skippound is taken for the lading of corne in a ship, Quasi Shippond, as a diuident of a Last of corne, and as a pound is diui∣ded into 12 or 16 ounces, so is the ship-last diuided into 12 and 16 parts:* 1.93 As for example, at Dansicke 16 Skippound for the Last of 340 ll for euerie Skippound which is the Last of Rie, which is at Antuerpe 283 ll, so the said Last 424.5 ll: and of Wheate 4528 ll. At Riga and the Nerua 12 Skippound 4000 ll;* 1.94 at Melvyn and Con∣nixborough 5200 ll, in the Low-countries is 16 Shippound for Wheate at 300 ll maketh 4800 ll, and 14 Skippound for Rie is 4200 ll, so by the weight is the Last of Dansicke bigger and heauier than the Last of Amsterdam: and you see the difference of weight betweene Wheate and Rie. These pounds are called Marke Pounds, being of two marks to the pound, to be knowne thereby to be pounds of 16 ounces.

Obseruations concerning the manner of Weighing.

TO weigh with few peeces or weights, take weights of augmen∣tation double, namely 1 ll, 2, 4, 8, 16, 32, and 64, making toge∣ther 127 ll, and with these 7 peeces you may weigh all things vntill 127 ll: and with treble augmentations, as 1, 3, 9, 27, 81, 243, and 729 ll, vntill 1093 ll. But the double augmentation is more com∣modious for Germanie and England where the Centener of 112 ll is vsed.

There must be an especiall regard had concerning the Beames or Ballances for the iustifying of them: If it be an yron Beame trie the same emptie, and afterwards loaden with equall weights; and if it be a wooden Beame, it happeneth many times that the ends are not euen, or that the yrons about the ends are remoued more on the one side than the other; therefore trie the said Beame both emptie and loaden, and you may find a great difference in weight, which with knocking in the yron with a hammer may be remedied.

Whereas the weight of Antuerpe (whereupon all the aforesaid correspondencies are calculated) is bigger than the weight of Lon∣don foure vpon the hundreth, which may be thought a benefit: the same is not so to be accounted, because of the Custome of 4 pro cento for Trett, allowed betweene the buyer and the seller, at London, which taketh away the benefit. This Trett is taken by diuiding your

weight subtle by 26, otherwise you should allow as it were Trett vp∣on Trett.

The Romanes had a Custome,* 1.95 to name or call euery mans Capi∣tall, or Stocke, a pound, or As; diuiding the same into twelue ounces, euery ounce into 24 Scruples, 288 Scruples to the pound: Besse was ⅔ of the pound, or 8 ounces, Sextula of an ounce. Duellum of the pound is Bina sextula, or ⅓ part, Sicilicus is 6 Scruples, Dragma 3 Scruples. And so in the making of their Wills and Testaments, they put downe one to be heire of Besse, is 192 Scruples, two of an Ouncia is 1/12; part, or 24 Scruples, 3 of semissa is ½ a Scruple, 4 of Du∣ello, is 8 Scruples; in all 368 Scruples, there being but 288 Scruples in the pound: so euery mans portion must bee ratably diminished ac∣cording to the pound. Cicero made the Testament of Cesinna, ex devnce & senuncia, was 12/24 parts, and of Marcus Fuluius of 2 Sextula was 1/10. There is also Ebutio sextula, being 1/72, and so the Masse of their goods was described.

Of one pound of 12 ounces, Sextans is 2 ounces, Quadrans 3 oun∣ces, Triens 4 ounces; and so accordingly the goods were distributed in equitie. By meanes whereof the Testators wealth was vnknowne, and when hee gaue more than the proportion Arithmeticall came vnto, the order was to reduce the same to the pound of 288 Scruples, by diminution of euery mans rate accordingly. The Custome vsed by many now to giue certainties, and the remainder in vncertaintie is to be preferred.

Weights for Moneys, and their correspondence for most places of Trafficke.

THere is an other weight, which is vsed in the Mints for Gold and Siluer, which is the marke weight of 8 ounces: This marke weight is heauier at Antuerp than their ordinary pound, by fiue vpon the hundreth.

This marke is diuided in 20 English, euery English 32 graines; so one marke is 5120 of their graines.

This manner of marke weight is vsed in most countries, howbeit in some places of Italy by pounds of 12 ounces otherwise diuided.

In England the pound Troy of 12 ounces is diuided into 20 pen∣ny weight, euery ounce, and euery penny weight into 24 graines, which in Antuerp vpon the marke is diuided into 32 graines. So the pound Troy of 12 ounces at London is but 5760 graines, whereas the marke of Antuerp being but 8 ounces is 5120 graines as aboue∣said. Whereof we intend to treat more amply in our Second Part of the Law-merchant.

There is also vsed a penny weight, which is diuided; The marke in eight ounces, the ounce in 24 penny weight, and the penny weight in twentie foure graines, making the said marke of eight ounces to bee 4008 graines.

The Marke is diuided at Rome in eight Ounces.

• The Marke weight of Rome.
  • The Ounce in 8 Dragmes.
  • Dragma 3 Scruples.
  • Scruple 2 Obolus.
  • Obolus 3 Siliquas.
  • Siliqua 4 Primi or graines; so euery marke is 4608 graines.
• Meysen in Saxony.
  • Markes 8 ounces.
  • Ounce 24 penny or Deniers.
  • Penny 24 graines or Momenta, is also 4608 Momenta to the Marke.
• Dansicke in Eastland.
  • Marke 8 ounces Is 512 in the mark.
  • Ounce 32 penny Is 512 in the mark.
  • Penny 2 Heller Is 512 in the mark.
• Norenborough.
  • Marke 16 Loot.
  • Loot 4 Quintes.
  • Quints 4 Prime or Numulos.
  • Penny 4 Sestertios, is the marke 256 penny, or 1024 Sestertios.
• France.
  • Marke 8 ounces Is 4608 grains the marke.
  • Ounce 8 grosses Is 4608 grains the marke.
  • Grosse 3 deniers Is 4608 grains the marke.
  • Denier 24 grains Is 4608 grains the marke.
• Portugall.
  • Marke 8 ounces 288 graines to the marke.
  • Ounce 8 Oitauos. 288 graines to the marke.
  • Oitauo 4 ½ great Graines.
• Venice.
  • Marke 8 ounces.
  • Ounce 4 quarts, or Silicos.
  • Quarta 36 Carats or Siliquas.
  • Carrat 4 graines, is 4608 graines to the marke, or 1152 Siliquas.
• Florence.
  • Pound in 12 ounces 6912 graines the marke.
  • Ounce 24 deniere 6912 graines the marke.
  • Deniere 24 graines 6912 graines the marke.

	Gold.	Siluer.
Genua	Marke 8 ounces	Pound 12 ounces.
Oùnce 24 deniers.	Ounce 24 deniers.
Denier 24 graines.	Denier 24 graines.

Naples, a pound 12 ounces, and an ounce 8 Octany.

• Besse, or old marke of the Romanes.
  • 16 Loot or Tetradragmes.
  • 21 ⅓ Tridragmes.
  • 32 Didragmes.
  • 64 Dragmes.
  • 96 Obolus or Treobolus.
  • 128 Triobulos.
  • 384 Obolos.
  • 768 Miobolos.
  • 3840 Momenta.
• The old pound of the Ro∣manes, called Pondus.
  • 64 Denarios.
  • 128 Quinarios.
  • 256 Sestertios.
  • 640 Asses.
  • 1280 Semilibellas.
  • 2560 Teruncios.
• Libra Romana.
  • 12 Ounces or gilders.
  • 84 Denarios.
  • 168 Victoritatus.
  • 336 Sestertios.
  • 840 Asses.
  • 3320 Quadrantes or Teruncios.
  • 5040 Sextantes.

Wee haue declared heretofore the diuision of the pound weight for wares, and the correspondence of the hundreth pound, compared to the 100 ll Suttle of Antuerp. And now in the same manner wee shall note the correspondence likewise by the hundreth markes of Antuerp to all the said places or most of them, which is called the weight of the Duke of Burgundie, agreeable with the 100 markes of Bridges, and containing 14 ounces to the pound.

The said 100 markes of Antuerp make in all places following.

• Saxony. Dansicke. 105 1/19 Markes.
• Meysen. Milan. 105 1/19 Markes.
• Collen. Vicenza. 105 1/19 Markes.
• Treci. Lipsich. 105 1/19 Markes.
• Mens. Vlme. 105 1/19 Markes.
• Erfurd. Frankfoord. 105 1/19 Markes.
• Grecia. Ausborough. 105 1/19 Markes.
• Norenborgh. Bauiere. 103 ¼ Markes.
• Franconia. Bambergh. 103 ¼ Markes.
• Wessilbourgh. Fribourgh. 103 ¼ Markes.
• Ancona. Triuiso. 103 ¼ Markes.
• Roma. Crema. 103 ¼ Markes.
• Venice. Verona. 103 ¼ Markes.
• ...

• Piedmont and Turin—99 Markes.
• Florence 72 pounds.
• Aquila 71 ll.
• Naples. 76 ½ Pounds.
• Calabria. 76 ½ Pounds.
• Puglia. 76 ½ Pounds.
• Adler. 76 ½ Pounds.
• V••enna. 87 Markes.
• Hungary. 87 Markes.
• Bothner. 87 Markes.
• Bohemia. 87 Markes.
• Bresla in Sileia 121 ¾ Markes.
• Paris.
• Lyons. 112 Markes, Merchants weight.
• Genua. 102 ½ Markes, the Kings weight.
• Genes.
  • 116 Markes for gold.
  • 77 Markes for ••iluer or pounds.
• Spaine 107 Markes.
• Catalonia 100 Markes.
• Burgas 116 ⅔ Markes.
• Constantinople. 87 Markes.
• Turkie. 87 Markes.
• Africa. 87 Markes.
• Narsinga. 87 Markes.
• Perou. 87 ½ Markes.
• Noua Spagnia. 87 ½ Markes.
• Aegypt 94 Besses.
• Persia 87 Minas.

The premises are applyed for our instruction in the handling of Mint affaires more at large.

Here followeth the description of the Measures.

WHereas all Commodities, Wares, or Stuffes made of wooll, linnen, silke, or haire, are measured by the Elle, or Yeard, which was taken vpon the measure or length of the arme, accounting the halfe Elle for Cubitus, diuided into foure quarters, and euery quarter into foure inches: wee shall also follow the elle at Antuerp, generally knowne and obserued in all places, in the correspondence and buying of forraine commodities by it, reducing the same after∣wards to our elle or yeard.

The hundreth ells of Antuerpe make in the countries following.* 1.96

ENGLAND.

• London
  • 60 Ells for linnen Cloth with the palme and thumbe measured.
  • 75 Yards for woollen Cloth with the thumbe which is 1/36 of a yard.
  • 59 Godes to measure Frizes or Frizadoes.
  • 61 Elles Cords to measure Rowan Canuas whereof the Centener is 120 Elles, 10 Cords to a Centener of 12 Elles.
• Scotland 72 Elles, and they reckon with fixe score to the hundreth, is 120.

THE LOVV COVNTRIES.

Antuerpe for silke wares is but 98 ⅔ Elles.

Bridges in the shops is also 98 ⅔, but for linnen is but 94 ½ Elles.

• Gaunt all 98 ⅔ Elles, and all Flanders and Brabant according∣ly, and not named hereunder.
• Audenarde all 98 ⅔ Elles, and all Flanders and Brabant according∣ly, and not named hereunder.
• Ysenghem all 98 ⅔ Elles, and all Flanders and Brabant according∣ly, and not named hereunder.
• Damme all 98 ⅔ Elles, and all Flanders and Brabant according∣ly, and not named hereunder.
• Ipre all 98 ⅔ Elles, and all Flanders and Brabant according∣ly, and not named hereunder.
• Sluys all 98 ⅔ Elles, and all Flanders and Brabant according∣ly, and not named hereunder.
• Dunkercke 100 Elles.
• Honscotten 100 Elles.

Cassell, Wynockxborough, Deyse, Lowe,

Bolducke, Bruselles, Diest, Louain make 102 Elles.

Lile, Cambray, Doway, Orsies, Meanen and Masiers 96 Elles.

Amsterdam 101 ¼. Harlem in the market 94 ½ Elles for linnen.

All Holland besides is 103 ½ Elles.

Henault 94 ½ in the markets, but in shops 98 ½ Elles.

Gelderland and Ouerry sell 104 ½ Elles.

Middelborough 100 Elles, and in the market for linnen 94 ½ Elles.

Flissingh 104 Elles, Vere 94 ½ Elles, Goes 97 Elles, Romerswall 99 Elles.

Artois all the whole prouince 98 ⅔ Elles.

Tourney 108 Elles.

Liege 114 Elles.

Maestricht, Asselt, 104 ½ Elles.

Namen, and Acon 104 ½ Elles.

Couyn but 70 Elles.

Hoye 102 Elles.

FRANCE.

The said 100 Elles of Antuerpe make at Rouen 58 Elles, the Cente∣ner of Elles being 112 of 4 quarters of 28 Elles.

Paris, Rochell, and all France, the following places excepted, 59 Ells.

Nantes, Abbeuile, and all Picardie 84 Elles.

• Lyons
  • 60 Elles for linnen cloth▪
  • 94½ Elles for silke wares.
• Auignon
  • 60 Elles.
  • 36 Cannes.
• Prouence—36 Cannes.
• Marselles
  • 36 Cannes for silke.
  • 33½ Cannes for woollen cloth.
• Geneua 60 Stabb.

ITALIE.

• Venice 101⅔ Braces for woollen cloth.
• Istrica 101⅔ Braces for woollen cloth.
• Piran 101⅔ Braces for woollen cloth.
• Venice 108 for silkes and cloth of gold.
• Istrica 108 for silkes and cloth of gold.
• Piran 108 for silkes and cloth of gold.
• Florence
  • 122½ Braces for silkes.
  • 116 Elles for wollen cloth.
• Rome
  • 33 Cannes.
  • 105½ for wollen cloth.
• Luca and Raguza 120.
• Ferrara, Modena, 107½ Braces.
• Mantua, Perato, 107½ Braces.
• Ancona, Cesena, 107½ Braces.
• Bologna, Carpi, 107½ Braces.
• Nigropont, Mirandola. 107½ Braces.
• Verona
  • 104½ Braces.
  • 108 Braces of cloth of gold.
  • 86 Braces.
• Parma
  • 109½ Braces.
  • 91 Braces.
• Rauenna, Scio, Corfu 116⅔.
• Genes
  • 122 Braces.
  • 288 Palmes for silke wares, and 104 palmes is giuen for 34⅔ Elles.
  • 32 Cannes for woollen cloth of 9 palmes the cane.
  • 29 Canes of linnen cloth of 10 palmes to the cane.
• ...

• Vicenza 98⅔ for woollen cloth, and 80½ Braces for silkes.
• Naples 116 Canes and 33⅓ Canes.
• Padua 101⅔ for cloth, and 83½ Braces for silke wares.
• Milan
  • 120 Braces Campido for linnen cloth.
  • 141 Braces for silke, which must be conditioned.
• Rauenna 113 Braces.
• Bressa, Treuira, 101⅔ Braces.
• Crema, Bergamo, 101⅔ Braces.
• Rechanati, Vrbin, 101⅔ Braces.
• Cremona, Lacaia. 101⅔ Braces.
• Pesaro 103, and for cloth 107 Braces.
• Sicilia, Palermo 34½ Canes of 4 pichy to the Cane.
• Masilla—34½ Canes of 4 pichy to the Cane.
• Gira 124 Pichy, Rama 115 Pichy, Salonici 109 Pichy.
• Tripoli in Barbary 124 Pichy of 4 to a Cane.
• Lavalona 111 Nigroponte and Lepanto 113 Pichy.
• Alexandria, Larta 124 Pichy.
• Siria, Damasco, Bruti 111⅓ Pichy.
• Suria
  • Tripoli 112 Pichy.
  • Achri 115 Pichy.
  • Alepo 108 Pichy.
  • Aman 108 Pichy.
• Bursa in Natolia 114 Pichy, Bucia 158 Pichy.
• Constantinople
  • 113 Pichy.
  • 80 Pichy for canuas.
• Archipelago 100.
• Sapy—100.
• Puglia
  • 31 Canes for clothes.
  • 33 Canes for silkes.
• Calabria, Adler, Lansan, Malaca, Rhode, 33½ Canes.
• Candia 108 Pichy, Sebenico, Zara 112 Braces.

EASTLAND.

• Embden 122½ Elles.
• Brema 122½ Elles.
• Hamborough 122½ Elles.
• Lubecke 120 Elles.
• Munster 65 Elles.
• Osenbrigh 63 Elles.
• ...

• Wismar 118 Elles.
• Rosticke 119 Elles.
• Gripswoll 122½ Elles.
• Domyn 122½ Elles.
• Statin, Ockermond, 106 Elles.
• Dansicke, & Melvyn, 122 Elles.
• Connixborough 125 Elles.
• Riga and Reuell 125 Elles. Narua 125 Arsins.
• Sweden and Stockholm 125 Elles, but at Barrow vncertaine, for they measure the bignesse of your head with a rope for an Elle, and may be 120 Elles.

GERMANIE.

• Collen 120 Elles.
• Norenborough 105 Elles for silke and linnen wares.
• Meysen
• Lipsich 120 for cloth.
• Ausborough 127 for cloth.
• Franckford 125 for linnen.
• Halle and Meydelborch, 105 Elles.
• Prage 111 Elles, and for silke wares 120 Elles.
• Breslo 111 Elles, and for silke wares 120 Elles.
• Bautson 111 Elles, and for silke wares 120 Elles.
• Vienna 77½ for linnen, 85½ for cloth and silke.
• Ofner
  • 119 Regenburch 78½ Elles.
  • 130 Regenburch 78½ Elles.
• Vlm 120, and for woollen cloth 96 Elles.
• Ernfurd 165 Elles. Ienfer 60 Stabb.
• Zurich 116½ Elles. Basell 125 Elles.

SPAINE.

• Castill and Toledo, 85 Varas of 4 Quartos, euery Quarto 2 Palmes.
• Cadez
  • 81 Varas.
  • 108 Elles for silke.
• Andaluzia, Seuill, Granado 83½ Varas.
• Barselona, Aragon, 43 Cannes.
• Saragosia 33 Cannes.
• Valentia 73 Cannes.

PORTVGALL.

• Lisborne
  • 62 Varas.
  • 83 Varas.
  • 100 Couados for Silke Wares.
• Maroco. Capo d'Algier 136½ Couados, of twelue to one Cane.

The Measure of wet Commodities.

THe Romanes in times past, called the wet Measure by Oun∣ces,* 1.97 as wee doe the weight; accounting tenne Ounces Pon∣derales, for twelue Ounces Mensurales: so Sestarius Romanorum was eighteene Ounces weight Measure, and 21½ Ounces Mensurales, or wet Measure.

At Meyson in Saxony twentie Ounces Ponderales, make twentie foure Mensurales.

At Lypsich thirtie two Ounces wet Measure, to 26½ Oun∣ces weight Measure; the difference of correspondence from fiue to six.

A Hogshead of Wine weigheth 500 ll, the Caske 50 ll: so in Wine 450 ll.

A Hogshead of Corne 400 ll, the Caske 50 ll, is Netto 350 ll in Corne.

So one Tunne of Wine weigheth Nett 1800 ll, and with the Caske 2000 ll.

And one Tunne lading of Corne 1600 ll, being in Caske also.

Two Tunnes are accounted for one Last: so two Tunnes of Wine 4000 ll and somewhat more;* 1.98 and in Hogsheads there should be but ⅔ parts of a Last.

At Dort in Holland, they call a great Vessell, a Rod of Wine, which weighed 4500 ll, as a Last of Corne; comparing these 4500 ll Mensurales, by reduction of six to fiue, are 3750 ll Ponde∣rales, is 12½ Ames. Now if you account the gallon of Wine of Antuerp to weigh 6 ll, the capacitie of this Vessell is 15 Ames, be∣ing 750 gallons.

The Rod, is a Rod quadrant, of tenne foot long, and tenne foot broad, and one foot deepe, euery foot containing 7½ gallons Ant∣uerps Measure, or 4⅔ foot Cubice.

The Romanes had a Measure called Amphora, of foure great feet, as are vsed at Paris, Cubice 64 foot of 11¾ of the Antuerp gal∣lon: so you shall find the Rod of 750 gallons set downe for so ma∣ny ounces; and tenne Mixiades for 1000 gallons Dorts, in the lieu of pounds.

Amphora, of the Ro∣manes wet Measure, is 84 ll. or 72 ll. weight Measure, is 50 ll weight of Antuerp, and in—

• Wine or raine water—50 ll.
• Of diuers Riuer water—53 ll.
• Oyle or Butter—45 ll.
• Beanes and Pease—35 ll.
• Linseed—39 ll.
• Corne—40 ll.
• Almonds—42 ll.
• Raisins—49 ll.
• Figgs and Chesnuts—67 ll.
• Hony—75 ll.
• Quickesiluer—850 ll.

* 1.99Pease grinded weigh more than Corne, the roundnesse giueth cause to haue more roomth, and differeth from 7 to 9.

* 1.100Warme water is lighter than cold water; and consequently the cold water, as the heauier, will sooner runne through a hole than the warme water, for the weight of the cold water presseth more.

Oyle and all greasie things are light, and therefore swimme aboue, and burne. Distilled waters are yet lighter, and will swimme aboue, the oyle, and also burne better, being more combustible.

The caske which is made for the keeping of wine doth differ much; in France, a tunne of two pipes, three puncheons, and foure hogheades, is euerie one of these six Ames of Antuerps measure.

In Germanie they call it a Fother, or the carriage of the drawing of two horses, is called a Voeder wyns, and they account 2½ Rodds for a fother of wine, or tenne French hogheads, euerie hoghead being an Ame of wine measure of Dort, whereby they measure and account their wines, namely the Renish-wines comming out of Germanie, whereof the Staple is kept at Dort aforesaid. An Ame is 100 gal∣lons or stoopen, and euery Gallon is ten Schreaues, measuring there∣by by the great.

Of the correspondence of Wine Measures..

THe correspondence of Wine Measure is taken vpon the vessell of 6 Ames Measure of Antuerp, containing 300 Stoops, euery Stoop weighing 6 pound called a Stone, which 6 Ames make in

FRANCE.

• At Paris and Orleans—Foure Hog-heads, lacking ten Stoops, euery Hog∣head 312 Stoops, and at Paris 36 Sextiers, euery Sextier foure quarts, euery quart two pints, is 288 pints or graines imitated as before, euery pinte is two Choppins or Obles.
• ...

• Bourdeaux 4½ Hogsheads.
• Lisborne 5½ Hoshgeads.
• Auxere in Burgondy 3 Puncheons.
• Poictou 2 Pipes¼.
• Coniac 2 Pipes, or 4 Hogsheads.
• Ay and Artois 4⅔ Hogsheads.

ENGLAND.

London 252 gallons, the gallon is halfe a bushell of Corne, and the Chus measure of the Grecians. So an Ame is 42 gal∣lons of wine.

SPAINE.

• Romani—Two Pipes of 150 Stoops, or 1 Butt and 9/20 eue∣rie Butt, is at Antuerp 158 Stoops. They mea∣sure by the Rooue of 30 ll, is 5 Stoops of Antuerp, and euery Butt containeth thirtie Rooues, and the Pipes containe thirtie Rooues of 28 ll weight.
• Seres or Sherry Two Pipes of 150 Stoops, or 1 Butt and 9/20 eue∣rie Butt, is at Antuerp 158 Stoops. They mea∣sure by the Rooue of 30 ll, is 5 Stoops of Antuerp, and euery Butt containeth thirtie Rooues, and the Pipes containe thirtie Rooues of 28 ll weight.
• Canarie—Two Pipes of 150 Stoops, or 1 Butt and 9/20 eue∣rie Butt, is at Antuerp 158 Stoops. They mea∣sure by the Rooue of 30 ll, is 5 Stoops of Antuerp, and euery Butt containeth thirtie Rooues, and the Pipes containe thirtie Rooues of 28 ll weight.
• Condado is 2 Butts.
• Madera 2 Pipes lacking 16 Stoops.
• Seuill 56¼ Rooues of Romani. A Rooue is eight Somer, euery Somer foure Quartils, euery Quartill is ⅙ of a Stoop of Ant∣uerp.
• They deliuer 27 and 28 Rooues in a Pipe.
• But Oyle measure by 40 and 41 Rooues in the Pipe.
• Ansoy or Bastard, 2 Pipes 16 Stoops for the said 6 Ames.

PORTVGALL.

• Lisborne
  • 37½ Almudas of 1½ Rooues of Seuill.
  • Euery Almudas is 12 Couados, or Somer, at Seuill.
  • Cauodo is 4 quarts.

Oyle Measure by Alqueri or Cantar, euery Alqueri 6 Couados, euery Cantar 4 Stoops of Antuerp.

Algarue 34 Starre.

ITALIE.

• Florence 16⅔ Barrells of 20 Fiaschi, or 18 Stoop of Antuerp, the three Barrels is one Star, and Star is 54 Stoops Antuerp.
• Rome 7 1/7 Brenten, euery Brent 96 Pockall or 13½ Rubes or stones of 10 ll of 30 ounces in one Brent, or 42 stoops of Antuerp for Hony, the pound is 44 ounces.
• ...

• Candia 80 Mostaches, in Butt of 34 and 35 Mostaches of 3 ¾ Stope.
• Bolognia 13 Corbes.
• Padua 1 1/25 Cara. The Oyle is by Millier of 1185 ll, is at Antuerp 1100, maketh 152 Stopes in one Butt.
• Venice 80 Mostati, the 38 make one Butt, and 76 an Amphora, 16⅘ Quarti Besontz measure the 4 one Bigontz Bigonts, is a French Hogs-head, one quart, eighteene Stopes of Antuerp. 15⅖ Quarti measure, Secchio, or small measure of foure Tischaufer.
• Amphora
  • 4 Bigonts, or Bigontines.
  • 16 Quarti Bigots measure.
  • 18½ Quarti Secchio.
• Lagel, is a Puncheon, Amphora is two Ames, for Oyle they measure by Amphora also, and for Hony, but most by Milliar of 1210 ll.
• Verona
  • 1½ Cara.
  • 14 Brentes, euery Brent 16 Basses.
  • Oyle by Milliar, of 1738 ll, is Brenten 8, & 11 Basses.
• Ferrara, 12 Mastelli, of 8 Seccheio.
• Vicenza, 1 1/26 Cara, the Oyle by the Milliar of Venice.
• Treuiso, 11 Consi, the 10 one Cara.
• Corfu 37 Zare, or Sare.
• Zante 37 Zare, or Sare.
• Istria, 15 Venas, Prian 12 Vrna, Tunes 60 Matali of 32 Rotules.
• Tripoli in Barbary, 45 Metares of 42 Rotules.
• Constantinopolis 180 Almes. 96½ Almes of Oyle, is at Venice a Milliar.
• Calabria 8 Salmes.
• Puglia 8 Salmes are French Barrels, Oyle also 8 Salmes, euery Salme, 10 Star, euery Star 32 Pignatoli.

Of the Correspondence of Beere Measures.

THe Barrell of Beere is made according to the Ame of Ant∣uerp, and against spilling, accounted 54 Stoops in Flanders and Brabant.

The Barrell of Beere in Holland containeth 54 Stoops at Am∣sterdam 56½ Stoops, accounting 60 Stoops for 64 Flemish.

At London the Barrell of Beere 36 gallons beere measure, is 48 gallons wine measure. Euery gallon of Beere is iust two Stoops in Flanders, and at Amsterdam 1⅔ Stoops.

The Barrell of Lubicke, is iust 50 Stoopes of Antuerp.

The Fatt of Dansicke containeth 180 Stoops, of Dansicke is Antuerp 81.

Old Measures of the Romanes.

THe Latins and ancient Romans had Doleum which was 1½, Culeus which was 2010 ll weight of Antuerpe.

Culeus did containe 20 Amphora, being Amphora 80 ll Mensurales, and Ponderales 69 ll, maketh the Culeus 1380 ll of Antuerpe.

Amphora (is yet almost in vse in all Italie and Germanie) was also called Cadus. Quadrantal being a Tubb portable betweene Tu of a great foot Cubice, also Ciraminium vini is as at London the bushell of corne of 8 gallons of wine, weighed 60 ll of Antuerpe. Vina is ½ Amphora Quod vrinet was a leaking bucket, also a tankard wherewith water is carried at London. Three Vrnas was 16 Stoops or a Sestier waighing 34½ ll.

Congius was a pottell of farewel, of 1½ stoope, or an English gallon, maketh at Meysen 3 pots, weigheth 8¾ ll. Campsaces is the same. Sex∣tarius is ⅙ of Congeus, or about one pint of Antuerpe.

There was Sextarius Castrensis of double the measure, which was vsed in the warres to euerie souldier one daily, weighing 23½ ounces.

Hemina is at Antuerpe and Meyssen halfe a pint, called also Alla∣bastrum. Triblium an oyle glasse weighed 11½ ounces.

Acetabulum was a goblet to bring vineger to the table of 3 ounces.

Ciatus, in Germanie Bacherline, is 4 spoone-full, or a small romer∣ken weighing 2 ounces, is the bignes of the egge of a hen.

Culeus is

• 20 Amphores.
• 40 Vrnas of 4 Congios.
• 160 Congios of 6 Sextarios.
• 960 Sextarios.
• 1920 Heminas.
• 3840 Quartas.
• 7680 Acetabula.
• 11520 Clatos or Ciatos.

Measures of the Grecians.

MEtrices a metiendo, called Artaba by the Aegyptians, is 16½ stoop, or a Sestier, waighing 100 ll at Antuerpe.

Chus is Congius Romanorum, about 1⅓ stoope, a drinke of farewell which they did drinke one to another, weighed 8¾ ll.

Cotila is Romanorum Hemina (the Spartans in their feasts gaue no more to euerie one) is halfe a pint. The king had 2 waight 11⅔ ounces.

Quartanius is ¼ of a pint, weighing 5⅚ ounces.

Oxibaphum, is as Acetabulum of 3¼ ounces, or 1½ Ciatos.

Metreta Laconica was lesse, as Amphora of the Romans of 96 Cotilas.

Modios or Medimios is 8 stoops of Antuerpe.

Metretes is 12 Chus, or 144 Cotilas, or 576 Oxibapha of 1½ Ciatos.

Bats or Bathis is ½ Metretes, or 6 Hinas euerie Hina 8⅓ ll.

Logni is 5 Egges of ⅔ ll: there were three sorts of Egges vsed.

Measures vsed by Physitians.

Metretes is

• 72 Sextarios of 4 Quartas.
• 288 Quartarios or
• 12 Choas of 6 Sextar.
• 72 Sextarios of 2 Cotilas.
• 144 Cotilas.
• 288 Quartas.
• 576 Oxibapha.
• 864 Ciatos.

Ciatos is 1½ Ounces.

• 10 Dragma.
• 4 small Mistra.
• 3 great Mistra.
• 2 small Conchas.
• ⅔ great Conchas.
• 5 Chemas.
• 10 Cochlearia or Spoonfull.

Measures of Arabia.

Dorath is Albi, Romans Amphora, Iohem is Congeus Romanorum.

Dorath is

• 8 Iohem. Cophinus 3 stoop.
• 48 Kift. Mares or Pontes, 1 stoop.
• 96 Corbin. Dadix 4 stoops, measures of
• 192 Kesiath. Boetia.
• 384 Cassich.
• 376 Cuatum.
• 2304 Salgerin.

Artaba measure of Aegypt, is 72 Sextarios, of 72 Nations knowne (then in the world) to be, Collatum is 6 stoops, Chenix a stoop, Hidria is 9 stoops, Phiala or Briala is a guilt cup.

Of the correspondence of the Measures of Corne.

THe differences of the corne measures are verie necessarie to be knowne of all merchants and masters of ships, letting thereupon their ships to fraight; the Last (which is two Tunnes lading) being the ground-worke of it, vsed in all the harbors of the sea coasts diuersly. Foure and twentie small Barrels are accounted for a Last, as herring Barrels, being 18 beere Barrels, or 18 Ames of Antuerpe, which are three Tunnes of wine; and yet we reckon two Tunnes of wine for a Last, for two Tunnes of wine weigh the weight of a Last of corne, that is to say, one hoghead 500 ll, the 2 Tunnes 4000 ll

accordingly, and 12 Hogheads of corne waighing 350 ll the Hog∣head, besides the caske, is 4200 ll. But the corne is laden Ioose, and filleth the roome full. One pound of wheate containeth about 9 thousand graines of wheat; and the Last of 4300 ll, is so many nine thousand graines in a Last. The corne measure most knowne is in La∣tine Modius, a measure, in Germanie a Molder, in the Low-countries a Mudde, in France Muy: and the Last differing in so many places, it is not amisse to account the weight of a Last of wheat from 4200 to 4800 ll, the Last of Rie from 4000 to 4200 ll, the Last of Barley from 3000 to 3400 ll: Oats are yet lighter, which is the cause that the Oats measure is made bigger to counteruaile the weight. We shal take our correspondence vpon the Last of Amsterdam, best knowne euerie where, and where also all graines are measured alike. The Last of Amsterdam is 27 moyes, or mudden, euerie mudd 4 Schepel••s, is 108 Schepells to the Last: or a Last is 29 sackes, euerie sack 3 Ach∣telings, 24 small Tunnes to a Last as aforesaid, or 20½ meale Barrels, that is to say, one Last of meale is put into 20½ Barrels, because it becommeth more depressed than corne, or 15 ½ great Barrels which do containe more.

It is also to be obserued, that the difference of corne measure is of 6 vpon 7, also 3 to 4, and 2 to 3, and in some places one wil make two. And in many townes vpon the sea coasts they vse two sorts of mea∣sures, the one called the water measure, whereby the corne is measu∣red on ship-boord (being alwaies the biggest,) the other is called land measure, because the corne is measured thereby in all markets, shops, or places where corne is sold.

The Last of corne of Amsterdam is at the following places.

DAnsick, e56 Schepells, whereof 60 there make a Last, the 4 Sche∣pells make one Mudde, which is the Skippound of 340 ll. Embden 55 Werps, whereof 61 make the Last, or 15½ Barrells of 4 Werps.

Hamborough 83 Schepells, whereof 90 make a Last. Lubecke 85 Schepells, whereof 96 make the Last. Fameren 78 Schepells, whereof 96 to the Last. Heyleger hauen in Denmarke 80 Schepells, also 96 to the Last. Coppenhauen 23 small barrells, whereof 42 make a Last. Ebbeltorff Danic 23 barrells, whereof 36 to the Last. Nelleboghe 23 barrells, whereof 42 to the Last. Sweaden 23 barrells. Connixborough 6/7 of a Last, the 6 Last are 7 at Amsterdam. Melvyn 17/21 of a Last. Statyn in Pomerland 6/7 of a Last. Riga 42 Loops, Rosticke and Mecheborough measure of Lubecke Antuerpe 37 1/•• Vertules. Bruxells 10½ Mudden, and differing in all places of Brabant.

Gaunt 4 Mudds, 7 Hal••ters of 12 to one Mudd is 55 Hal••ters. Bridges 17½ Hoot. Dunkircke 18 Rasiers water measure. Middleborough 40 sackes is 41½ to the Last in all Zeland. Dort 28 sackes. Roterdam and Delfe 87 Achtelinges. Schoonhauen 88 Achtelinges. Enckhuysen, Horne, Medenblick 42 sackes. Groeninghen 33 Mudds. Texell 58 Loops.

All other towes not scituated vpon the sea-coasts we doe omit, for this correspondence is made considering the lading of ships.

London and all England is 10¼ quarters make one Last; but in the ordinarie lading 5 quarters are accounted for one tunne lading. Calais 18 Rasiers doth agree with England. Roan 20 vntill 30 Mines, euerie Mine is 4 Bushels. Rochell 128 Bushels 4 to euerie Se••tier. Bourdeaux 38 Boissiaux, whereof 33 to the Last. Seuill 54 Hanegas, a Last is 4 Cahis of 12 Hanegas. Lyxborne 225 Alquiers, whereof 240 to the Last, or 4 Moyos of 60

Alquiers ••o the Moyo, ano so in all the Islands of Portugall. Venice 32 Star. Genoa 23½ Mina. Sicilia 38 Medinnos of 6 Moyos. Puglia 32 Cara of 36 Timani. Cyprus 40 Medinnos of 2 Cipros.

Note that the corne doth so much differ in goodnesse, that the measure of Amsterdam will weigh of Eastland Wheat 156 ll, of French Wheat 180 ll, of Sicilia Wheat 224 ll, and of Africa 236 ll.

Of the Measures of Salt', correspondence and goodnesse of the same.

THe heauier the Salt is, so much the better; therefore old Salt which hath lyen long, and is setled, is the better, and will most increase to make Salt vpon Salt, in yeelding more naturally; in so much that in the boyling of it, you must obserue the wind, which is good at the North, but contrarie in the South. Salt will loose the first yeare betweene 8 and 10 in the hundreth, and afterwards but little. But for the Salt boyler, he looseth nothing, it is so much the heauier and better. Therefore in Eastland, at Riga and other places they sell their Salt by weight, 12 Skippound for one Last, and in some places 15 and 16 Skippound; wherefore if you haue new Salt deliuer it by the measure, and if old Salt then deliuer by weight.

* 1.101In the boyling or roasting of your salt, so called, it will augment or increase in measure according to the weight. New Spanish Salt from 100 to 135, 140 and more; and old Salt of 4 yeares lying made 100 to 200. This Salt is boiled by degrees, and is rough in the handling of it; for it is not driuen vp with a light fire, whereby it becommeth waterish and weake, uot strong enough to salt flesh withall.

The Salt of Portugall and Bruwage, increaseth 25 and 30 accor∣ding to the goodnes: the white Salt being weake and of great grains, will lose much in the remoouing, and more in the carriage, by 8 and 10 p•• cent.

To salt flesh withall, take of the slow boyled or roasted Salt, but make first his Brine, otherwise it will be too weake.

One great hundred of Salt is foure small hundreths.

We are to obserue the correspondence of Salt against one hun∣dreth of Zealand, most knowne in all places: they measure their Salt with Barrels, 18 Barrels to a Last, and 7 Last to the hundreth, is 126 Barrells.

At Armuyden in Zealand, they reckon 8⅔ weighes for one hun∣dreth, euery weigh is 11½ Sackes, euery Sacke foure Measures, and 15 weighs of Bruwage Salt make the great hundreth.

The Sackes of Salt of Armuyden, being 122 small Barrels for the 100 Sacke, make as followeth in other places.

Bruwage 4/7 parts of one hundreth of 28 Moyos, and 12 Sackes to the Moyo, also by Charges or Load; tenne load in the hundreth, and 48 Moyos or Muys to the Last, or 21 Barrell.

Lisborne 25 Moyos, Mary port 28 Moyos.

Saintubal 20 Cays. Calis 22 Cays.

Sanlucar 21 Cays.

Gaunt 108 Sackes or Barrels.

Antuerp 144 Vertels of 24 to the Last, and six Last to the hun∣dreth, and the white Salt is measured with a lesser Measure of 12 vpon 100.

The said 100 Sackes of Salt of Armuyden in Zealand, make

At Dunkercke 92 Water-measures, or 104 Land-measures.

Ostend 98 Measures, Damme and Axels 102 Measures.

Bridges 104 measures, and Ypre 144.

Roterdam 100, whereof six make one Mudde of eighteene to the hundreth.

Amsterdam, Vtrecht, Deuenter, 102 Scheppels.

Calis in France 130 Barrels, 19 to the Last, but 20 by fraighting.

Roan, and almost all France 6½ Muys.

Hamborch 7 Last, whereof 80 Barrells maketh the hundreth.

Denmarke 6⅔ Last.

Sweaden 112 Tunnes or Barrels, 16 to the Last.

Embden 100 Barrels, 14 to our Last.

Lubeck 7 Lasts of 18 Barrels.

London 7½ Lasts of 18 Herring Barrels, but by Waighes 11½.

Venice and Prian 70 Mose.

The Measures of Woad, Hops, and Sea-coale.

VVOad of Thoulouze in France, made vp in Baskets of 56 ll weight, is at Antuerp 50 ll, London 52 ll. Foure Baskets

are one Load and foure Bales, or 400 ll is reckoned for a Diars Tri∣all, and at London they take foure Quintalls of 112 ll for a Triall, to know how many short Clothes of 24 yeards it will dye, which is commonly of Ilands Woad from Saint Michael 7 Clothes: And at Thouloze they account that Woad of 36 Frankes, or about 4 pound sterling, dieth 13 Clothes.

Cane in France they measure by a Tub, containing 8 Measures or Sackes, euery Measure 120 ll, is the Coope at Antuerp 1050 ll, accounted for a Triall, but is farre inferiour in goodnesse to Thou∣loze Woad.

Eldfoord in Germany, there one great Drifatt of 1200 ll is a Triall.

Hoppes were wont to be sold by the Measure, but now it is done by weight, namely the hundreth, or by a Skippound of Amsterdam of 300 ll, which comming much into Eng∣land from the following places, is worthy the obseruati∣on, albeit English Hopps are the best.

The Skippound of 300 ll of Am∣sterdam is—

• Bridges 13 Hoett, but now measured.
• Gaunt 23 Halsters.
• Delft 40 Achtelings.
• Schoonhouen 37 Achtelings.
• Vtrecht 13 Muddes.
• Bolduc or Hertogenbosh, 8 Hoet.
• Harlem 2 Hoet.
• Hamborough 1½ Wispell.

The Measure of Sea-Coale.

THis measure must of necessitie bee taken vpon the Chalder of New-castle, where the greatest quantitie of Coales is found: They measure there by the Chalder filled vp, whereof 7½ Chal∣ders make one Last, and is measured with giuing twentie one for twentie, the correspondence is;

The Last of New-castle of 7½ Chalders, is—

• London and Yarmouth 10 Chalders.
• Roan 100 Barrels, giuing 104 for 100.
• Bridges and Ostend 100 Measures for Oats.
• Dort 12 Hoet, also by Waighes of 144 ll of 24 Stones of 6 ll.
• Gaunt 144 Sackes, or 24 Muddes.
• Alst 200 Muddes.
• Antuerp 175 Vertels.
• Condet 44 Muys, the 80 make a Cherke.
• Zealand 68 Herring Barrels.
• Middleborough by Waigh of 180 ll.
• Amsterdam 13½ Hoet of 38 Measures.

Rules to know the goodnesse of Sea-Coales

1 TAke your Coale and hold the same ouer a candle, or rather ouer a flaming fire, and if the Coale doe melt (as it were) drop or fry, then it is vndoubtedly good Coale; for this is an argu∣ment of his fattie and sulphurious nature, which ministreth store of food for the fire. But if the same grow hard and dry ouer the flame, it is a signe of a leane and hungry Coale, and such as will not cake or knit in the burning.

2 The brightnesse and glistering of the Coale, both within and without, is some argument of his goodnesse, albeit that some kind of bad Sea-coale, newly digged out of the Myne, and brought drie in Summer time, will both shew and breake faire, but most com∣monly if it breake in the colour or lustre of Pitch, it prooueth a good Coale to the buyer. But without all question, if the same bee of a darke, duskie, and dead earthly colour, it is vtterly vnprofitable for him that shall spend it.

3 The best and most assured proofe (except the making of a fire with them, wherein no man of any sense can easily be deceiued) is the lightnesse of the Coales in weight. This weight, as in ma∣ny other bodies, so especially in water, doth either argue his pure∣nesse or impuritie; for the lighter and cleerer waters are euer held the better and more wholesome, as least participating with earth: now by the weight of halfe a Pecke of the good ones kept by you, triall may bee made at all times, for bad Coale is much dis∣pleasing to all men.

Of the Weights and Measures of England.

COncerning weights, for difference in the ounces and the pounds, wee are to obserue the Troy weight,* 1.102 which hath but twelue ounces to the pound; and Auoirdupois weight, which hath sixteene ounces to the pound, which are lesser ounces; for these 16 ounces make but 14 ounces and one halfe, and two penny weight of the ounces Troy, vsed in the Mint, where 136 ll Auoirdupois Suttle weight, is but 100 ll Suttle Troy weight. So accounted in the last Copper monyes, of pence and halfe pence made for Ireland.* 1.103

The Troy weight serueth onely for Bread, Gold, Siluer, and Electuaries, accounted eight pound to the gallon, and so by compu∣tation sixteene pound to the Pecke, 32 ll to the halfe Bushell, and 64 ll to the Bushell.

The Auoirdupois weight serueth to weigh Butter, Cheese, Flesh, Tallow, Wax, and euery other thing which beareth the name of Garbell, and whereof issueth a refuse or waste. So 7 ll of this weight to the gallon for Wheat, is 14 ll the Pecke, 28 ll the halfe Bushell, and 56 ll the Bushell.

* 1.104The 7 ll Auoirdupois weight, are one hundreth and two ounces Troy weight, according to which rate the quarter of Wheat must weigh 448 ll Auoirdupois; and 14 ll Auoirdupois, and 16 ll 11 ounces Troy, doe iustly accord, or 56 ll Auoirdupois, and 67 ll 8 ounces Troy: where note that one penny starling, is the twentieth part of an ounce Troy, the halfe penny and farthing accordingly. And that 7 ll 12 s. starling is 84 ounces and one halfe, and two penny weight of Troy. And 6 ll 18 s. starling, is 82 ounces 3 quar∣ters of an ounce, and one penny Troy. From the which 2 Assizes, the white wheaten and houshold breads are calculated and drawne.

* 1.105For the wet Measure is also drawne from the pound weight Troy, both by land and within shipboord, as also all manner of Corne and graine, that is to say, The weight of twelue ounces Troy in wheat, doe make a concaue or hollow measure named a Pinte, and eight of the same pintes make a gallon of Wine, Ale, Beere, and Corne, ac∣cording to the Standard of his Maiesties Exchequer, and the Acts of Parliament 11 and 12 H. 7. But for the water Measure within Ship∣boord, there is allowed tenne gallons to the Bushell, which containe fiue Peckes.

* 1.106From this Troy weight and measure, is drawne also the Assize for the quantitie and true content of all manner of Caske, lawfull and vendible within the Realme of England, that is to say, Euery Hogshead to containe threescore and three Gallons; euery Tierce foure score and foure Gallons; euery Pipe 126 Gallons, and euery Tunne 252 Gallons.

* 1.107There is also a measure called Salmon Butt of 84 gallons: so the Barrell of Salmon 42 Gallons, the halfe 21. The Herring Bar∣rell is 32 Gallons, and the Eele Barrell 42 Gallons, and the halfe and Firken of both these must hold accordingly; the Soape Barrell 32 Gallons.

* 1.108There is also the true weight of Cheese and Butter, called the weigh, which is 112 ll Auoirdupois to the hundreth: so the two hundreth is 224 ll, containing 32 Cloues, and euery Cloue 7 ll: so the weigh of Suffolke Cheese is 256 ll Auoirdupois weight: but the weigh of Essex Cheese, is 336 ll.

* 1.109The Sacke of Wooll is 364 ll weight of Auoirdupois, two Weighes of Wooll make a Sacke, and 12 Sackes make a Last. But a Last of Herrings containeth tenne thousand,* 1.110 and euery thousand containe tenne hundreth.

* 1.111The Load of Lead is 175 ll; the Fother maketh nineteene hun∣dreth and one halfe.

Concerning MEASVRES.

* 1.112THere is a yeard deriued from the Graines of Barley. Three Bar∣ley Cornes in length make an inch, and twelue inches one foot, and three foot to the yeard, and 16½ foot make a Pole

or Pearch to measure land withall.* 1.113 Albeit this Pearch doth varie in some places, being 18 and 21 foot. Of these Pearches 40 in length and 4 in bredth make the Acre of land or wood.* 1.114 Whereupon Plinie lib. 2. cap. 23. deriueth Stadium to be a Furlong,* 1.115 which containeth 125 Paces, euerie Pace 5 Foot, the Foot is to containe 4 Palmes, and eue∣rie Palme 4 Fingers bredth.

The bredth of silke Cypers, bending and Curld.

N^o. 6 is 3 Nailes broad, n^o. 8 is 3½ Nailes,* 1.116 and n^o. 10 is ¼ of a yard broad, n^o. 12 is 5/16 of a yard, n^o. 14 is ⅜ of a yard, n^o. 16 is 7/10 of a yard, n^o. 18 is ½ a yard broad. Note in all plaine Cypers they abate 10 vpon the hundreth, and so bring them from Braces into Flemish Elles, and in the curld they abate 25 {per} cent. and in bending 16 in the hundreth.

Genes silke by the Paune of 104 to the hundreth is ¼ 26 yards English.* 1.117

Bolonia silkes by Braces the 100 are 89 Flemish Elles.

Florence silke by Braces the hundreth 81⅔ Flemish, and 61¼ English.

Luca by Braces the ⅚ part of a Flemish Elle, or ⅝ of a yard En∣glish.

Venice by Braces the 100 are 95 Flemish, and 71¼ yards so No∣renborgh.

Seuill by Varres the 100 is 123½ Flemish, and 92⅝ yards 74 Elles.

Roan by Elles the 100 is 125 yards, and 157½ Varres of Spaine. And the 110 Elles English is 135½ Varres of Spaine.

The 100 Elles Flemish is but 60 Elles English.

There are 8 Bushells in a Quarter,* 1.118 fiue Quarters to a Tunne la∣ding, and ten Quarters a Last, but alwaies 10¼ or 10½ for a Last of Holland.

Salt fortie Bushels make a Waigh,* 1.119 water measure of tenne Gal∣lons.

At Plymouth they measure by a Bushell, alien measure, where∣of 24 make a Tunne, and eight make a Quarter, so three Quarters make one Tunne, and euerie Bushell is eighteene Gallons: so that a Tunne of Salt at Plymouth is bigger than a Waigh of London by 32 Gallons.

The Measures of Lands.

THe measuring of Lands in distance or length extending to miles, or the partition of Lands by Measures, Acres, Arpen∣tiers, Bunderen &c. is done by a Measure or Road, which is di∣uided in 10, 12, 14, 16½, or 20 Foot: and the Foot is diuided in a certaine number of Ynches, 10, 12, or 16, which are also diffe∣ring in bignesse.

Digitus or Finger, is in bredth 4 Barley corns laied close together.

A Thumbe or Inch is 6 Graines or Barley cornes, making two of them three.

Ouncia is 3 Fingers or 2 Thumbes.

Palma (in Greeke Doron) is 4 Fingers, is the 24 part of a mans sta∣ture.

Lichas or Dichas is a Span of a hand with the Thumbe and fore-fin∣ger, or ten Fingers; sometimes taken for two Palmes which is eight Fingers.

Orthodoron in Greeke is the length of a mans hand, or 11 Fingers.

Spithama or Span with the Thumbe and the little Finger is 16 Di∣giti or Fingers, also Greciaries 12 Fingers, is 3 Palma in Latin Dodrans.

Pes a Foot is 16 Fingers or 4 Palmes, or the ⅙ of a proportiona∣ted mans stature.

Pigme is 18 Fingers, so a Pigme is a tall fellow.

Pigori is 20 Fingers, called Cubitus, from the elbow to the fingers doubled.

Cubitus is 24 Fingers, or 6 Palmes, is ¼ of a mans stature or Sesqui∣pes 1½ Foot, or 2 Dodrantes from the elbow to the point of the longest finger.

Gradus a step is two Foot, or 32 Fingers, as betweene both feet distant.

Passus simplex is 2½ Foot, halfe a remoue of the bodie.

Passus is a Pace, with 2 leggs making from the heele to the toe 5 Foot.

Orgia or a Fathome, is 6 foot, in Latin Vlna or 4 Cubicos.

Stadium is Aulus of 125 Paces of 2½ foot, is 312 foot. Greece 100 Paces was the running of one man with one breath, as Hercu∣les did.

Diaulus is 2 Stadia Hippicon, 4 Stadia the running of a horse.

Dolicos is 12 Stadia, about the sixth part of a Dutch mile.

Signes, or Scena, or Funiculus in Aegypt is 60 Stadia, is an houres go∣ing, and euery man did draw the line going vp by boat.

Stadmos was a Posts iourney.

Miliare vel Leuca are diuers. But a Flemish mile is 1400 Roads.

Gradus Geometrorum, wherewith the world is measured round about, is 15 miles, so the world is 360 Gradus, in toto 5400 miles, or at 4 miles for one Geometricall mile, is 21600 miles.

The most commodious measure and more vsuall is the Road of 14 foot, rather than our pearch of 16½ foot, and one hundreth of these Roads are called a Line of land, and three line make a great Measure of land, so called by the name Measure, whereupon we now proceed.

A Line of land, lying one foot broad, the length of a mile, and a plough going one foot broad may be accounted to go a mile, the land square 100 foot for a Road, and the Line of land one Road broad is 10600 foot.

A Line square is 10 thousand Roads, or 33⅓ Measures as aforesaid.

For a Measure is 300 Roads, and square 17½ Roads, containing 58800 Foot.

This Road is called in Germanie Pertica making there 15 Foot, and in Flaunders accounting 1400 Roads for a mile is 10600 Foot in length.

A way one Road broad, is called a high-way for passengers Pe∣danticall.

A mile in length containeth 4⅔ Measures of land: the way of a wa∣gon is accounted 9⅓ Measures.

Some in Flaunders do reckon 1000 Roads for a mile, but is of 20 Foot the Road.

Miliare was the distance or marching of a campe, without baiting, called Rastrum or Rastas, was 4000 paces.

The difference between miles is not to be reconciled, euery coun∣trie hauing their owne computation, and that differing in most pla∣ces within themselues.

In Saxonie a mile is 4000 Paces, in other places in Germanie 5000 Paces.

In France they call them Lieux or Leucas, and in a parleament there it was appointed to be 1000 turnings of the wheeles of a Wagon, wherof the formost made wheele was 12, and the hindmost 18 foot, which betweene was adiudged vpon 15 Foot, is of a Dutch mile but ¾.

In Spaine one Dutch mile maketh one mile and one halfe.

In England 4 of their miles to one Dutch mile, being there 1000 Paces.

In Italie 1000 Paces, wherof the 3 is a Duch mile.

Florence 3000 Braces for a mile of 6 Roads, is 1300 Roades.

Holland 2000 Roads is 5 Holland miles for 4 Flaunders miles.

In Aegypt their Cubitus Geometricus is 6 of our Cubits, they reckon by Scena which is a Spanish mile.

Persia Parasangia of 30 Stadia or Funiculi, they measure with 24 fingers the cubit, and Cubicus Regius is 27 Fingers.

The Romans did vse the Finger, Palme, and the Foot making foure Palmes.

In the measuring of lands and waies, diuers measures were by the said Romans diuided into 12 ounces, and the ounce in 24 scruples, and so they called a foot a pound, and 2 foot Dupondium.

The Emperors tables were foure foot square euery way, yet in vse in Germanie and the East-countries; but in England, France, and the Low-countries are longer than broad, is to sit 16 persons euerie where.

Iugerum is vsed as a measure in Castilia and about Rome, being an old measure. Iuger quasi Iunctus being one daies labour of two oxen at the plough, vno iugo Bovum, was the space of 240 Foot, broad 120, containing 28800, which is correspondent to one halfe great Mea∣sure

of land, wherein they did also vse many diuisions and subdiui∣sions according to the pound weight.

Of the nature and diuersitie of Colours.

ALbeit that colours are not comprehended in themselues vnder weight and measure, yet because the quantitie of the stuffe wher∣by things are dyed, are done by weight, as you may note in the prece∣dent obseruation of Woad; and for that merchants may giue the better iudgement of colours, knowing the nature thereof, I haue thought good (for varieties sake) to intreat thereof.

The nature of all colours is confined betweene White and Black, and the originall colours proceeding and relating to the middle of them, which is Greene, for so experience hath taught vs in progresse of time, by long obseruation, wherein by Art I haue found the truth by variation without the mysterie of dying, more certaine than Ari∣stotle or other Phylosophers by reason haue conceiued, according to the Theoricke part by them described, which by the Practicke part I am assured of by experience as aforesaid.

The originall or primarie colours are seuen, as compleat in num∣ber, and all other colours are mixt and deriued from them ac∣cording to the order following.

• Albus, White easily conuerted by decay of nature.
• Flanus, Yellow easily conuerted by decay of nature.
• Puniceus, light Red, is neither Blew nor Purple.
• Viridis, Greene, apt to be made into Blew.
• Purpureus, Purple easily turned to Blacke.
• Caruleus, Blew easily turned to Blacke.
• Niger, Blacke, the true ground whereof is Blew.

All colours are light or obscure, Lucida vel Opaca, and they all (ex∣cept Blacke) may be called light, as more or lesse partaking thereof.

• In White is most light, and shadow or darknes least or none at all.
• In Blew is the contrarie, most shadow and lesse light.
• In Yellow is inward light and lesse obscuritie.
• In Purple is the contrarie, inward obscuritie and lesse light.
• In Greene, is equalitie of light and darkenesse.
• In light Red, is more light than obscuritie.

So that for too much want of obscuritie commeth whitenesse, and for too much want of White or lightnesse, commeth blacknesse; and a cloth dyed Yellow being put into the Blew woaded vessell, ma∣keth an excellent Greene.

There was light and darkenesse before the Planet of the Sunne was created, albeit the distinction betweene day and night is ascribed to the Sunne. Now the Moone hath no light, but what the Sunne doth impart vnto her, and the colours of the Raine-bow in the day

time, being produced by the foure Elements, doe approoue these colours to be so in nature, whereof the Philosophers haue giuen a reason accordingly. But considering the curiositie of them, and espe∣cially of Aristotle, it is strange vnto me that they haue not made men∣tion of the colours of the Raine-bow in the night time, when the Moone is at full, and opposite to the Sunne, which colours neuerthe∣lesse take a reflection vpon the cloudes and obscuritie of the night, far differing from the colour of the Raine-bow in the day time vpon the declination of the Sun; insomuch that albeit all colours must be dis∣cerned by light, and so iudged accordingly, yet their operation doth differ very much, as may bee shewed. The propertie of all colours is to bee subiect to the ayre and Sunne, and all of them doe vanish; but in the blacke it is least seene, and is also the surest, hauing his ground vpon the blew; so it bee a blew substantiall of Woad or In∣dico, which is the extraction of the Herbe Glaustum, or Anill, in the East and West Indies like vnto our greene Woad; but the leaues of it are round and not long, howbeit the climate and ground make the maine difference.

There was of late yeares, two great controuersies at the Coun∣cell Table: the one concerning the dying of Black-silke,* 1.120 called London Dye; the other concerning the vse of Log-wood, being a false glorious colour.

Concerning the London dye of Silke it was prooued, that one pound of 16 ounces was by sophistications of additements augmen∣ted to 32 ounces, and fortie ounces: which fraud commeth to passe, by reason of the gummy matter or substance whereof the silke was not purged for blacke dye, as it is in colours, whereby it made such an increase in weight. To preuent this abuse, a Corporation of Silke-men were made; and neuerthelesse, forasmuch that a reasona∣ble increase of 8 ounces, doth looke fairer, and can bee better vsed, there remained a tolleration of this increase in London. The way to find out the fraud was by controlling the weight by measure, which by convulsion becommeth contracted: so that if the silke being purged decreaseth 16 ounces to 13 and 12, will mode∣rately haue afterwards some increase; then this silke being mea∣sured by the yard in Skeanes, and marked with Leads, and so de∣liuered to the Dyar, must bee receiued accordingly without such contraction and decrease of length, by the increase of weight, these two controlling each other.

The indifferent course therefore, is the golden meane;* 1.121 so is it done concerning Log-wood, being good cheape and fit for dying of a faire colour, although vanishing, seruing for the poore people, wearing couse Stuffe, or vsing things of small value: that notwith∣standing that the vse of it was prohibited, as well as the importati∣on, yet now of late there is a competent quantity admitted to be vsed by Letters Pattent, and Proclamation.

A Table of the Standard, for the true making of Woollen Clothes, according to the Waight and Measure declared by the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine, &c.

THe Sacke of Wooll appointed by King Edward the third, is di∣stinguished according to the Lunare yeare of 13 monethes, of 28 dayes, making in all 364 ll, or 365 ll, for so many dayes in the yeare; the Todd of Wooll being 28 ll, for so many dayes in the mo∣neth; and 13 Todds for so many moneths in the yeare; euery Todd containing foure Nayles, and euery Nayle being 7 ll, for the seuen dayes of the weeke.

This Sacke of Wooll is accounted to make 4 Standard Clothes of cleane Wooll, called Sorting-clothes, waighing 60 ll the Cloth, and being 24 yeards long, of 6 ½ quarters broad or thereabouts, within the remedy or allowance of 2 ll weight vpon a cloth.

In the weight is to be obserued, that the clothes be well scoured, thicked, milled, and fully dryed.

In the Measure likewise, that the same be measured by the yeard and inch, within the List, concerning the breadth, according to the said Statute made of all the seuerall sorts of Clothes made in diuers Shires, Viz.

Broad.	Weight,	and Measure.
Kent, Yor. & Read. clothes of 6 ½ quarters	86 ll	30 & 34 yeards.
Suffolke, Norffolke, and Essex of 7 quar.	80 ll	29 & 32 yeards.
Worcest. Couent. and Heref. of 6 ½ quar.	78 ll	30 & 33 yeards.
Wilts. Glocest. Oxon. Somers. of 7 quar.	76 ll	29 & 32 yeards.
Suffolke sorting Clothes broad 6 ½ quar.	64 ll	23 & 26 yeards.
All sorting Clothes of diuers shires 6 ½ q.	60 ll	24 & 26 yeards.
B. Cloth, Tauntons, Bridgewaters and Dunstars—of 7 quar.	30 ll	12 & 13 yeards.
Broad & narrow of Yorkshire of 4 quar.	30 ll	24 25 yeards.
Deuon. Kerseys and Dozens—of 4 quar.	13 ll	12 13 yeards.
Check. Kerseys, straict & plain grayes 4 q.	24 ll	17 18 yeards.
Ordinary Penistone or Forests 5 ½ quar.	28 ll	12 13 yeards.
Sorting Penistones of 6 ½ quar.—	35 ll	13 14 yeards.
Washers of Lankyshire and others—	17 ll	17 18 yeards.
Clogware, Kend. Karpnuales at pleasure,		20 at the lest.

The manner of making of all Woollen Clothes, and workemens orders, with the viewing, searching, and the forfeitures or abate∣ments, may at large be seene by the said Statute: being an Epitome of all former Acts concerning the indraping of Wools, appointing wherein Flockes, Thrums, or Lambs wooll may be put.

Obseruations concerning the said Weight and Measure of Clothes in generall.

THat all Substantiall things, either dry or liquid, are by Diuine prouidence subiect and gouerned by Number, Weight, and Measure.

That Weight and Measure doe controle each other, and that Number giueth denomination to them both, to discerne truth from falshood, as aforesaid.

That the weight of a Cloth is more to be regarded, than the Mea∣sure, because the weight containeth substance; which is abused by stretching it in measure.

That according to the Standard of Clothes, there must be allow∣ed or accounted two pounds and one halfe of Wooll, to make one yeard of the abouesaid Clothes.

That the Statute of Clothmaking, hath had a consideration to make an allowance or abatement for Draped, Dressed, Rowed, and Sheared Clothes, which is fiue ll in a Long-cloth, and foure ll in a Broad-cloth, besides the remedy of two ll.

According to this Rule, his Maiesties Custome for Cloth and Carseyes, &c. ought to bee payed, equalizing the said Custome of Cloth, with the Custome of Wooll, according to fortie shillings the Sacke, payed in the time of Queene Mary; which is to bee done according to the weight, and not according to the measure, as here∣tofore hath beene partly done. And the weight will cause Clothes to be better made, according to the Statute whereunto the Refor∣mation must be reduced, which will be beneficiall.

Benefits which will arise by the true making of Clothes in England, according to the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine.

THe Cloth of the Realme shall recouer his former estimation, which euery Merchant (weighing his Clothes) will cause to bee obserued, according to the said rule and proportion betweene weight and measure, whereby the stretching and falsifying of Cloth will be controlled and preuented, especially if this demonstration (here set downe) shall direct the buyer of Clothes. And the like may be made for Carseyes and all other woollen commodities, according to the said Statute.

The Cloth being truely made, will be more vendible beyond the Seas, where many complaints are daily made of the false making thereof; which the Clothier cannot but know, vpon so many Cer∣tificates for Tare as are abated of them to their losse: euery Mer∣chant looking more to buy good cheape, than to buy good Cloth, feeding false making by it, which commeth to passe more by igno∣rance than otherwise.

The Clothier finding the Merchant by these meanes able to con∣troll him, will endeuour to make true Cloth, and the Officers to sur∣uey it will be more carefull, and not send the Clothier their Leads and Stampe, and so they be payed, neuer looke to take paines to view the Cloth; hereby trafficke will increase for the generall good of the Realme, and his Maiesties Custome will be duely payed, accor∣ding to the said Statute, and all will tend to the glory of God, and honour of the King, in all Equitie and Iustice to bee obserued in all well gouerned Common-weales.

* 1.122Wee may perceiue by the contents of this Discourse, how weight and measure doth controll each other: compare your measure of Corn with the weight, as before is declared; your length of Clothes with the weight as aforesaid; nay your wet Measures, with your dry Measures of all things of that nature, and experience by obser∣uation will teach you to distinguish truth from falshood, and how to know the goodnesse of things; if Spices become light, then the weight will shew it, because the substance is dryed vp; which to pre∣uent is wisedome and no deceit: For as the Element of ayre is the cause of putrifaction, so the excluding of the same in many things, is a preseruation, and so is likewise the preuenting of drinesse. But to end this Triall of measure and weight, let vs obserue the Italians by weighing and measuring of their Silke wares. A yard of Satine weigheth foure ounces, being truely made, and if it bee aboue, they take the same to be ouergummed, and not truely made, and so if i•• weigh lesse.

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

ALL the trafficke and commerce betweene Na∣tion and Nation, or man and man, is perfor∣med vnder three Simples, which are proper∣ly 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.

* 1.123And herein is to be considered a Tripartite Exchange, That is;

• 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 yeel∣deth them most benefit and gaine: and herein is their particular pro∣fit, or Priuatum Commodam, more respected than the generall good of the common-wealth, whereby corruptible and vnnecessarie com∣modities 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,* 1.124 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 Bo∣die, Soule, and Spirit of Commerce,* 1.125 and haue their opperation accor∣dingly.

The first as the Bodie vpheld the world by commutation and bar∣tring 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 eue∣rie where) corroborateth the vitall Spirit of trafficke, directing and controlling (by iust proportions) the prices and values of Commo∣dities 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,* 1.126 or the publicke measure between man and man. But since the manner of Exchange was inuented be∣tweene nations and nations, or countrie and countries, Moneys did onely remaine the publicke measure within the realmes or common∣weales of euerie countrie, betweene man and man, according to the valuation of Princes and States imposed vpon Moneys: and the Ex∣change of Moneys by Bills became Publica Mensura betweene vs and forreine nations, and between all nations in the course of commerce,* 1.127 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

the prices of Commodities to rise and fall; and likewise that plen∣tie of Money maketh things deere, and scarcitie of Money maketh them good cheape, as a propertie inherent vnto Money as a true mea∣sure: yet we must obserue in true order, That both Commodities and Money are Passiue,* 1.128 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 auoy∣ding of the said ouer-ballancing of Commodities in price and quali∣tie. 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 expen∣ces of his common-wealth do not exceed his incomes and reuenues: this to be effected by keeping a certaine equalitie in the trafficke be∣twixt his kingdome and forreine nations.* 1.129 For riches being naturall, or artificiall, and both subiect to Number, Weight, and Measure, re∣quireth a certain equalitie in the true cōmutation of things between vs and other nations.* 1.130 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▪* 1.131 and of the Commodities of the seas, and lastly of the Commodities of other countries and nations. For God cau∣sed Nature to distribute her benefits or his blessings to seuerall cly∣mats, 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 pro∣cured without regard had to the common-wealth; the wealth wher∣of cannot properly decrease but three manner of waies,* 1.132 namely by selling our home Commodities too good cheape; by buying the fo∣reine 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.

* 1.133For 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 coun∣tries. 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 Rud∣der or Compasse.

Money may well be compared to the Compasse,* 1.134 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 ad∣uance the price of their countrie Commodities. And Exchange may properly be compared to the Rudder of a Ship, which com∣mandeth 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 Ex∣change 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 pro∣gresse of this booke.

The learned haue determined,* 1.135 that no argument or disputation is to be maintained with those that will denie Principles, which by rea∣son 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 engraf∣fed 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 de∣manded 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 na∣turall 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 sta∣bilitie of the earth, may in some measure be admitted argumentan∣di gratia; for they set forth some Astronomicall demonstration,* 1.136 albeit imaginarie, and declare some reasons agreeable to experi∣ence, 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 Pla∣nets, 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

Elements was inclosed within the Moones Sphere, together with the earth as the Center of the same, to be by this great Orbe, to∣gether with the other Planets about the Sunne turned, making by his reuolution one yeare; and whatsoeuer seemeth to vs to pro∣ceed by the mouing of the Sunne, the same to proceed indeed by the reuolution of the earth, the Sunne still remaining fixed and im∣moueable in the middest.* 1.137 But Aristotle his reasons are generally ap∣proued, 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 ca∣ried 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 mem∣bers of all the gouernments of monarchies and common-weales, they are the principal instruments to increase or decrease the wealth ther∣of; as may appear by the description of the following royall banket of Great Britaine.* 1.138 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 mem∣bers of all common-weales) was graciously disposed to inuite them all vnto a royall banket, where (after many pleasing discourses con∣cerning 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 de∣fend; 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,* 1.139 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

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 mem∣bers in their seuerall offices being thereunto sufficient, or being defe∣ctiue 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 mem∣bers are partakers of that trouble; so is it betweene the king and his subiects, who is therefore called Parens patriae,* 1.140 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 Scep∣ter of a Monarchie, guided with good and wholesome lawes, doth far exceed all other gouernments,* 1.141 which properly are called Aristo∣cracies & 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.* 1.142 Whereas a monarchie is a common-wealth where one sole prince hath the absolute gouern∣ment, 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,* 1.143 for food is deare, and yet there is no dearth. The Husbandmen did excuse them∣selues, and laid the fault vpon the Noblemen and Gentlemen for raising of their rents, taking of Farmes into their hands, and ma∣king 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 dis∣pensed 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 ex∣ported and imported for the good or hurt of the Commonwealth;

which caused the King to enter into consideration of the aforesaid three Essentiall Parts of Trafficke, namely, Commodities, Money, and Exchange for Money by Bills of Exchange.

And ingeniously perceiuing, that the vitall spirit of trafficke did consist in the matter of exchange for monyes, because the same is the publike measure betweene Nation and Nations, and that gaine was the radicall moisture of commerce, which had his effectuall power in Exchanges: his Maiestie thought good to call diuers Mer∣chants to the consultation of this businesse (being within their ele∣ment) to heare their opinion how to remedy the said inconuenience.

* 1.144Whereupon 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 igno∣rant Brokers of Exchanges, according to the rule of forraine Nati∣ons, The second sort of Merchants, were those that did altogether practise to make a benefit by Exchanges and Transportations of Mo∣nies, and neuer did deale in Commodities at home or beyond the Seas, and these would not confesse that there was any abuse com∣mitted by exchange. The third sort of Merchants (being the smal∣lest 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 com∣pare vnto Vinteners,* 1.145 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 a∣buses; 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,* 1.146 which came from the West Indies; and especially, be∣cause 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 alte∣ration doth still continue. Others said, that the prizes of things be∣ing risen, was of no great moment, because it was by denomination, and not really; for that which was called fortie before, was now ter∣med threescore, according to the coynes of Siluer valued by the ounce, as aforesaid. But the wiser sort did goe further, and compa∣ring the prizes risen of forraine Commodities, farre more than the prizes of our home Commodities, they did acknowledge, that there was an ouer-ballancing of commodities, and found that the course of Exchange for Moneys was the efficient cause thereof: For they did obserue, that as the elements are ioined by Symbolization, the aire to

the fire by warmenesse, the water to the aire by moysture, the earth to the water by coldnesse; So is Exchange ioyned to Monyes, and Monys to Commodities by their proper qualities and effects, where∣by 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 Mer∣chants 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 na∣tiue Commodities; and our Merchants are compelled (of course) to make returne thereby, because they cannot import those ouer∣valued monyes, but to their exceeding great losse. And by exchange they find few Takers, vnlesse it be our young Merchants, which doe consume their estates by Exchanges, and Rechanges. For of the said three Essentiall parts of Trafficke,* 1.147 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 be∣tweene 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 tra∣ding 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 {per} cent.

This gaine is practised by exchange, and would otherwise bee but imaginarie, as shall be declared hereafter; whereby we shall find that the said Exchange is still predominant, and ouerruling the Monyes and Commodities.

CHAP. VI. A Geometricall Description of the World, especially of EVROPE, Measured by Millions of Acres of ground, vpon the Mappe.

The Measure is one Million, or ten hundreth thousand Acres.

THE Circumference of the roundnesse of the whole Globe of the world, composed of Water and Earth, is accounted to bee 5400 Geometricall Miles, or 21600 ordinarie Miles. But whereas the Miles in all Kingdomes and Countries, and almost in euerie Pro∣uince or Shire doe differ. I haue thought conuenient to admit one measure of one million of Acres of ground, to measure the whole Globe therby according to the Map, which is not only in∣telligible vnto al men; but al merchants also may haue vse hereof. For by the number of the millions of Acres, comparing one Kingdome vnto another, or one Countrie vnto another Countrie, they may know the bignesse and spaciousnesse thereof, which we haue particu∣larly obserued in Europe, with a distinction also of the Dominion of Princes in these seuerall Countries knowne by the name, France, Ita∣ly, Germany and others, which many times falleth into considerati∣on vpon singular occasions.

This Globe of the world, is diuided to be two third parts Water or Seas, and one third part Land: and of this Land there is one third part not inhabited, and the other two third parts are, as followeth.

The whole Circumference, by the aforesaid measure is, 19, 803, 575000, which is 29 milliars, 803 millions, 575 thousand Acres, and the milliar is tenne hundreth millions.* 1.148 So the ⅔ part water is 19 milliars, 869 millions, and 50 thousand acres of ground answerable: and the other part third is 9 milliars 934 millions, 525000 acres.

Hereof deduct ⅓ part not inhabited, which is 3 milliars, 311 millions, 508 thousand acres; So rest 6 milliars 623 millions 17 thousand acres of land inhabited, whereof followeth a particular di∣stribution.

First for Europe or Christendome.

England containeth 29 millions, 568 thousand acres.

Scotland containeth 14 millions, 432 thousand acres.

Ireland containeth 18 millions. So these three Kingdoms, with all their dominions of lands and Ilands adiacent, vnder the Diademe of King Iames, containe 62 millions of acres of ground, &c.

England is by this computation accordingly with the dominion of Wales, and all Islands thereunto belonging, the thousand part of the whole Globe, or the 222 part of the earth inhabited, or the 333 part of the whole earth; and Scotland may be full the one halfe of this computation, that is, the 444 part of the earth inhabited, or the 666 part of the whole earth: and the Monarchie of great Brittaine, and the Kingdome of Ireland is the 480 part of the whole Globe, vnnecessarie fractions in cypher omitted.

The bodie of the Sunne is 166 times bigger than the whole Globe of the world, and so accordingly for the seas and earth, as aforesaid.

The 17 Prouinces of the Low-countries.

Containe 10 millions, 797 thousand acres, whereof

• The reconciled prouinces with Spaine, containe 7 millions, 197 thousand acres.
• The vnited prouinces vnder the States containe 3 millions, 599 thousand acres.
• The Kingdome of France diuided into 32 prouinces containeth in all 82 millions, 879 thousand acres.

The kingdomes of Spaine (being eight in number) containe as followeth.

		m.
Castile	25 Millions	730.
Andalusia	2 millions	425
Granado	2 millions	128
Nauarre	1 million	458
Leon galisia	9 millions	124
Arragon	13 millions	104
Biscaye	3 millions	412
Portugal	10 millions	154

In all containing 67 millions, 535 thousand acres.

ITALIA.

Vnder Spaine.

		m.
Naples	11 millions	704
Lombardie	1 million	640

Vnder Venice.

		m.
Treuisana	2 millions	584
Verona	0 millions	480
Frioul	1 million	047
Mantua	0 millions	480

Vnder Rome.

		m.
Liguria	1 million	415
Romagnia	1 million	085
Latium	0 millions	480
Hetruria	0 millions	540
Sauoy	1 million	910
Piedmont	1 million	160
Toscana &c.	4 millions	785
Suria and Florence	480
Marca	1 million	412
Ancona
Parma	0 millions	885
Sicilia	3 millions	113
Cypres	1 million	601
Candia	2 millions	060
Corsica	1 million	395
Sardegna	4 millions	089

Containing in all 44 millions, 257 thousand acres.

GERMANIA.

		m.
Saxonia	3 millions	484
Misina	3 millions	249
Turnigia	1 million	093
Lusatia	2 millions	572
Bauaria	3 millions	249
Helsatia	3 millions	644
Heluetia	12 millions	328
Basle	0 millions	842
Swebourgh	2 millions	109
Salsbourgh	1 million	063
Trier, Ments,	4 mill.	237
Spiers, Strasbourgh,
and Wormes.
Iuliers	0 millions	348
Cleaue	0 millions	258
Westphalia	2 millions	300
Osnab	0 millions	358
Silesia	5 millions	706
Bohemia	7 millions	024
Austria	6 millions	121
Morauia	4 millions	114
Pomerania	3 millions	249
Brandenbourgh	6 millions	208
Machalbourgh	2 millions	107
Franconia	6 millions	361
Tiroll	3 millions	249
Carinthia	1 million	588
Stiria	1 million	779
Palantine Rhene	4 millions	361
Wirtenborgh	1 million	223
Embden	0 millions	230
Oldenbourgh	0 millions	449
Liege	0 millions	548
Coloigne	0 millions	215

Containing in all 95 millions, 646 thousand acres.

Prussia—10 millions 240 thousand acres.

		m.
Russia	9 millions	607
Volhimia	5 millions	762
Massouia	1 million	916
Liuonia	34 millions	115
Poland	19 millions	205

Heretofore named Polonia, containing in all 80 millions m. 845.

DENMARKE.

		m.
Denmarke	10 millions	426
Norway	28 millions	492
Holsten	1 million	065
Ditinars	0 million	337

Containing in all 40 millions, 326 thousand acres.

SVVETHEN.

Sweathen	57 millions	430 thousand acres.
Finland	7 millions	531 thousand.
Gothia	20 millions	936 thousand.

Containing in all 85 millions, 897 thousand acres.

Part of Russiia or Moscouia and Situam vnder Europe, 232 milli∣ons 558 thousand acres: so that whole Europe or Christendome doth but containe 802 millions 740 thousand acres,* 1.149 which is not the 12 part of the whole earth.

• Hungarie, Dalmatia, Transyluania, and all Turkie 385 mill. m. 367.
• Moscouiae Pars 128 millions, 817 thousand acres.
• Tartaria 299 millions, 110 thousand.* 1.150
• Persia 385 millions, 367 thousand.
• Calicut and East-India 587 millions, 200 thousand acres.
• Africa containeth 1541 millions, 883 thousand acres.* 1.151
• America containeth 1152 millions, 400 thousand acres.* 1.152
• Noua Hispania 1349 millions, 133 thousand acres.

Summa totalis of the inhabited parts of the World, six Milliars, six hundreth and twentie three Millions, and seuen tenne thousand Acres of Land, Vt supra.

THE vse of this description, to know the bignesse of one Countrey compared vnto another Countrey, is, for example: England containeth twentie nine Measures and odde; Bohemia containing seuen Measures and odde, is the fourth part of England, or thereabouts.

The seuenteene Prouinces of the Low Countryes, being tenne Measures and odde, is the third part of England, or there∣abouts.

The Monarchy of Great Brittaine, being fortie foure Measures and odd, is as big as all Italy, and the fiue Ilands of Sicilia, Cy∣prus, Candia, Corsica, and Sardignia, and is also more populous. And so for all other Countryes; insomuch that England onely con∣taining twentie nine of those Measures, or Millions, 568 thousand Acres of ground; if wee deduct the fiue Millions, and 568 thousand Acres for wilde & waste grounds and High-wayes,* 1.153 there will remain foure and twentie Millions of Acres, which at one penny an Acre, amounteth to one hundreth thousand pounds, a matter little sensible.

Here may Microcosmos, the little world Man, behold how little the great world is, which is made for him as a Tabernacle, where hee hath no abiding place, but trauelleth as a Pilgrime towards the Coelestiall habitation, with a thankefull mind and remembrance of the mercie of God, who hath beene mindfull of the Sonne of Man, and made him lower than the Angels, to crowne him with glory and worship, Psal. 8. Thus much I thought to demonstrate vnto Christian Merchants touching the world, before wee intreate of the commodities, whereby trafficke and commerce is by them and other Nations maintained, according to the ancient Verse: Currit Mercator ad Indos,—as appeareth in the next Chapter.

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

* 1.154ALbeit 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 toge∣ther, as a building, a ship &c.

3 Quod ex distantibus constat, vt corpora vno nomine subiecta, veluti popu∣lus, legio, grex, &c. which cōsisteth of distant things, as many bodies vn∣der one name, a People, a Legion, a Flock, and the like. Yet this difini∣tion is not compleat, concerning the bodie of trafficke and com∣merce, consisting of Bodie, Soule, and Spirit, namely Commo∣dities, Mony, and exchange of Mony by Bills of Exchanges, as afore∣said, which are to be described in order. And because Commodities, like vnto the Bodie, vpheld the world at the first by way of commu∣tation 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 ac∣cordingly.

Verely in the estate of Innocency all things were common; but alas this communitie of things indured but a while, and now by rea∣son 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 secon∣darie 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

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 be∣hoofe 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 commu∣nitie 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 Com∣merce must be obserued, to auoid the ouerballancing of commodi∣ties, 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 Ma∣nufactures and houshold Stuffe.

Now as this Artificiall riches is proceeding of the Naturall ri∣ches, 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 con∣cerning monyes and wealth, as it doth to a Generall of a Campe of ten thousand supposed armed men, whereof muster being ta∣ken 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 exa∣mined, 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.

Of the goodnesse and value of East India Commodities.

THe Merchants Trade for the East Indies, tooke beginning in England, in the yeare 1600; At which time Spices and all other Commodities were bought for the prices hereafter declared, tran∣slated

out of the Portugall tongue, with my additions and obserua∣tions concerning the goodnesse of those Commodities.

* 1.155Cloues growing in the Ilands of Moluccos, being cleane of Stalkes, by the Portugal called Fusties,* 1.156 were sold for fiftie Pardaos the Kintal or the 100 weight of 112 ll correspondent with our London quin∣tal, or hundreth, accounting the Pardao or Ducatt at 5 ss, is about 27 pence the pound. There is another leaner and drier sort of Cloues, called Crauo di Bastao, which is sold for 25 ducatts, which the Portu∣galls doe mingle many times: the difference is halfe in halfe in price, and the pound at 13 ½ pence.

* 1.157Mace, being of a faire colour and large, which groweth vpon the Nutmegs, and is had also in the Iland of Bantan, was sold for 74 Ducatts the hundreth, which is 40 pence starling the pound.

* 1.158Nutmegs in the said places were sold for 15 Ducatts, is 75 ss the hundreth, and the pound weight eight pence starling.

* 1.159Ginger, being dry, from Calicout, called Belledin, or ashe colour Ginger, at 9 Ducats the hundreth, is 45 ss, and the pound at 5 pence or thereabouts.

There is an inferiour sort called Mechino, of six Ducatts the Quintall.

Ginger in conserue, at 13 ½ Ducatts, is about 7 ½ pence the pound.

* 1.160Sinamon of Zeilan, growing in that Iland, was sold at thirtie fiue Ducatts, and the Sinamon of Malabar, called De mato, for ten Du∣catts, whereby the pound of the best is about 19 pence, and the other about 6 d.

* 1.161Pepper of Calicut, Malabar, and the Iland of Sumatra, at 10 Ducatts the hundreth, bought by the baser of foure Quintalls, com∣meth to 6 d. the pound

* 1.162Long Pepper was sold at 25 Ducatts the hundreth, is the pound 15 pence.

* 1.163Benjoin de Boninas at 55 Ducatts, and the other sort of Carega∣san at 48 Ducatts, is the pound at 2 ss 5 pence, and 2 ss 2 d. or thereabouts.

* 1.164Campheir of China was sold at 40 Ducatts, is 10 ll, and the pound about 22 d.

* 1.165Indico of the better sort, called Carquez, 40 Ducatts, and the common sort of Aldcas 30 Ducatts, and the richer sort of Aldcas, 70 Ducatts the hundreth, which is the pound 22 d. 18 d. and 3 ss or thereabouts. This rich Indico is as good as that of the West Indies of Guatimalo,* 1.166 and better than (Laurea alias Lahora) com∣ming from the said West Indies, whereof there was wont to come another sort, called Indico Campeche, which was an extraction of Logwood,* 1.167 being ouerlight and frothie without substance, which did swimme vpon the water, whereby this manner of triall is vncertaine, and onely the Cowpe must find the goodnesse of Indico by the wor∣king of it.

Commodities sold by a weight called Man of 24 ll weight.

China Silke 76 Ducatts. Silke in pieces 86 Ducatts.* 1.168 Silke of Lancan 40 Ducatts. Silke of the Eagle, the best 35, and the com∣mon 26 Ducatts.

Lacre or Hard-Wax, sixteene Ducatts the Man. Soft-Wax,* 1.169 foure Ducatts.

Commodities sold by the Bar of 15 Rooues or Arrobas of 28 ll.

White Sandalo, the 20 pieces, 160 Ducatts. Red Sandall wood,* 1.170 fiftie Ducatts.

China Wood 180 Ducatts, Ebony Wood 200 Ducatts.

Commodities which are sold by the Ounce.

Ambre greis 13 Ducatts, is 65 ss. Blacke Ambre 3 Ducatts,* 1.171 or 15 ss the ounce.

Muske in Coads at 2 ½ Ducatts or 12 ss 6 pence the ounce.* 1.172

Bezar Stones are sold according to their bignesse more or lesse.* 1.173

Commodities sold by the score of twentie pieces, as Calico Cloth, &c.

CAlico Cloth of the places following, called by seuerall names.* 1.174

Canequins fine of Cambaya 60 Ducatts, is 3 Ducatts, or 15 ss the piece.

Canequins ordinary of the same place, 40 ducats is 10 ss the piece.

Teadas 20 Ducatts, is 5 ss the piece. Dotins, 25 Ducatts. Bancais tenne, &c.

Cotonias for Friars, twentie foure Ducatts: and ordinarie at twentie Ducatts.

Calico Cloth Dosinde, called Iourins fine 70, and ordinarie 45 Ducatts.

Calico Cloth of the coast of Canaor, called Beatillas, fine 26 Ducatts, and the ordinarie 20 Ducatts. Pacharins 25, and Berames 30 Ducatts.

Calico Cloth of Vengala, of two places, called Cassas fine, 100 Ducats, the ordinary Cassas 70 Ducatts, Soto pazes, 25 Ducatts, and Beatillas 100 Ducatts.

Chaictares fine, 40 ducatts; ordinaries 25, and cassas of 60 ducats.

Calico Lawne made of Nettles ••/4 broad,* 1.175 and eighteene yeards long, is of diuers sorts from threescore Ducatts to one hundreth twentie and aboue.

All kind of Druggs differing much in goodnesse,* 1.176 must bee bought accordingly, as Mirabolanes, called Emblici, Belirici, Citrici, and Indij.

Tamarinds, Calamus, Aromaticus, Spicanardi, Oppium, Cassia, Mirrhe inanse, Aloes Cicatrini, & Tutia, Rheubarbe, and the like; Lignnm Aloes, Saunde••s, Borax or Atincall, and many other com∣modities.

All which Spices and Druggs are to bee Garbled, for the better and wholsome vse of man, for as liquid things in Na∣ture,

become soure; so drie things become bitter in nature, where∣vpon the Garbellers office was established and granted,* 1.177 first in Eng∣land by King Edward the second, vnto some sufficient persons, at the suit of the Pepperers, now called Grocers of London, which is, in effect to separate the good from the bad, or pure things from the impure, putting them vp euery one accordingly vnder certaine Seales.

Of the weight, goodnesse, and values of Pearles and Precious Stones.

PEarles and Diamonds, are bought and sold by the Carrat weight made for that purpose. For whereas Gold is sold by the Carrat of 24 to an ounce, accounting two Carrats for one ounce of Siluer, whereof 12 ounces make the pound weight Troy.* 1.178 This Carrat weight for Pearles and Diamonds is farre lesser, for the 150 Carrats make but one ounce; so that one Carrat of Gold weight weigheth 6 ¼ part of a Carrat of Diamond weight, and the like for Pearles, whereof there is a Measure for Round Pearle made correspondent thereunto, which is also diuided into 4 graines, as the Troy weight is, which graines are of lesse proportion of 6 ¼ to one, and the diuisi∣ons of small weights are made in ½ ¼ ⅛ and ⅙ part, albeit the Troy graines are most commonly vsed, without this obseruation.

* 1.179Diamonds are bought in the East Indies, by a weight called Man∣gear or Mangelin, weighing two Tare ⅔, which ••/3 of a Carrat, for 4 Tares weigh a Fanan, which is aboue 2 Carrets.

Rubies are bought by the Fanan, and 11 ¼ Fanans make one Miti∣gall, and 6 ½ of them make an ounce. But of late yeares, Diamonds, Rubies and Saphires, are bought and sold by the Carrat weight.

Diamonds the most perfect, called Nayfe, are found in the King∣dome of Decan and Narsinga, and the Iland of Ziclan, which, as (I say) are sold by the Mangelin, at so many Pardaos, or Ducatts of 360 Reis, or 9 Royalls of Portugall; but accounting the Fanan at six pence, and tenne Fanans for the said Ducatt, then the Pardao is fiue shillings starling.

The Nayfe Diamonds are pointed on both sides, and they doe grow vpon the Flat Diamonds, which are in the superficies of the Bourt of Diamonds, and are impure, commonly beaten therefore in∣to powder for the vse of the other Diamonds, that are cut and poli∣shed by the Millne. The Flat Diamonds are alwayes valued one third part lesse in price, than the Nayfe are, so long as they be vncut; but being cut, are of more or lesse estimation according to their fashion. Some are faire Triangles, others Flower de Luces, Roses, Harts, Columes, Demy Crosses, or other fashions of Poly Angles, and proportions seruing for the members or parts of the bodies of things to bee made into many workes and Iewels, as the Iewel∣lers will apply the same, cut with many Fassets or Squares: But the thicke Stones are more certainely knowne by their weight, hauing their Bisallyes compleat either in Tables or Points wan∣ting

no corners or due proportion, without spots or sands, burbles,* 1.180 flawes and vaines, which sometimes (although it be in little stones) maketh them run 3 and 4 daies vpon the milne, spending much time and labour to polish them. It is almost 40 yeares since I did main∣taine diuers milnes and cutters of Diamonds, whereby experience made proofe vnto me of these things, which are verie considerable. For the water of Diamonds is also chiefly seene in the cutting and polishing of Diamonds, some being a yellow water, other greenish, other brownish: but the difference is almost all alike, if they be of one rocke, that is to say, they are like in the parcels as they sell them. The best waters are whitish, inclining to the blew, which maketh the best illustration and play, as some call it, which sometimes will be found to be admirable in a thinne stone, or feables, as the Portugalls call them: but the fassets must be industriously wrought, which in great stones of 10 or 12 Carrats maketh them to be Paragons,* 1.181 that is to say, in all perfection, and being Piedras de muestra, or stones of shew, will be sold by estimation, as the loue and fancie of a man will carrie the same.

In times past all Diamonds aboue 4 Carrats, rough or vnwrought, were the kings, in the places where they were found; which is the cause that concerning the values of Diamonds of aboue 4 Carrats cut, no proportion in price is made certaine betweene Iewellers, but is left to estimation according to the abouesaid properties.

Small Diamonds haue some proportionable price, rising and fal∣ling accordingly, which were set downe at Paris in France, during the raigne of the French king Henrie the fourth, by the Iewellers there, as followeth.

Crownes of 6 ss euerie Carrat.

Of 10 stones a Car.	5.
Of 9 to a Carrat	5 ½
Of 8 ½ to a Carrat	6
Of 7 ½ to a Carrat	7
Of 7 to a Carrat	7 ½
Of 6 ½ to a Car.	8
Of 6 to a Car.	8 ¼
Of 5 ½ to a Car.	8 ½
Of 5 to a Car.	8 ¾
Of 4 ½ to a Car.	9
Of 4 to a Car.	9 ¼
Of 3 ½ to a Car.	9 ¾
Of 3 to a Car.	10 ¼
Of 2 ½ to a Car.	11
Of 2 to a Car.	12
Of 2 ¼ gr. the peece	12 ½
Of 2 ½ gr. the peece	13
Of 2 ¾ gr. the peece	14 ½ crowns the Car.* 1.182
Of 3 Graines	16 ½ the Carrat.
Of 3 ¼ Graines	17
Of 3 ¾ Graines	18 ½
Of 1 Car. the peece	19
Of 4 ¼ Graines	19 ½
Of 4 ½ Graines	20
Of 4 ¾ Graines	21
Of 5 Graines	22
Of 6 Graines	24
Of 7 Graines	26
Of 8 Graines	30
Of 9 Graines	34
Of 10 Graines	40
Of 11 Graines	45
Of 12 Graines	50
Of 16 or 4 Carrats	60

By this estimat it appeareth that a Diamond of 4 Carrats brute or vncut, is set downe 60 French crownes, which is 18 ll sterling: for it is vncertaine what may be diminished of the weight by the worke∣manship of it.* 1.183 So that in the Stones cut and polished there is more certaintie; whereof the price was likewise proportionably set down as followeth.

Of ½ a Graine	20 shillings ster.
Of ¾ of a Graines	25
Of one Graine	40
Of 1 ¼ Graine	50
Of 1 ½ Graine	60
Of 1 ¾ Graine	80
Of 2 Graines	100
Of 2 ¼ Graines	120
Of 2 ½ Graines	150
Of 2 ¾ Graines	9 ll 0 0
Of 3 Graines	12 0 0
Of 3 ¼ Graines	16 0 0
Of 3 ½ Graines	20 0 0
Of 3 ¾ Graines	24 0 0
Of 4 Gr. or one Carrat	30 0 0
Of one Carrat ¼	33 0 0
Of 1 ½ Carrats	36 0 0
Of 1 ¾ Carrat	40 0 0
Of 2 Carrats	60 0 0
Of 3 Carrats	100 0 0
Of 4 Carrats	200 0 0

All which prices may alter from time to time according to the vse of precious Stones, vpon acciden∣tall causes of the mariages, of Princes and great personages, to be done proportionably. As if the Diamond of a Carrat should rise 20 in the hundreth, then all the other sorts accordingly; and so also in the falling of the price by greater quantities.

Diamonds of yellow water (which giue lustre extraordinarily by candle-light) are more in request in Germanie and some places in Italie, where the browne Diamonds are also desired. But in England & France they are worth ⅓ part lesse (which is according to the aboue said prices that Diamonds are now worth with vs also.) The Dia∣mond of a full Carrat being a perfect Table, and yellow, is worth 20 ll sterling.

The pointed Diamonds, which (in regard of their natural propor∣tion, hauing lesse wast in the cutting) heretofore sold better cheape than the Table Diamonds, are now deerer and more esteemed.

About this time of the abouesaid estimation, these Diamonds of the Sortes following,* 1.184 were bought rough or brute at Lixborne.

		ll.	s.	d.
Of 10 peeces to a Carrat	1000 reis	or 0	12	6 the Carrat.
Of 9 to a Carrat	1200 reis	0	15	0
Of 8 to a Carrat	1400 reis	0	17	6
Of 7 to a Carrat	1600 reis	1	0	0
Of 6 to a Carrat	1800 reis	1	2	6
Of 5 to a Carrat	2000 reis	1	5	0
Of 4 to a Carrat	2400 reis	1	10	0
Of 3 to a Carrat	3200 reis	2	0	0
Of 2 to a Carrat	4000 reis	2	10	0

Of one Carrat nayfe	6000 reis	3	15	0
Of one Carrat flat stones	5000 reis	3	2	6

The cutting of them was 10 and 12 ss for euerie Carrat in those daies.

There is a rule for cut Diamonds aboue 5 Carrat.* 1.185 To multiplie the weight of them within it selfe, and then by the price of one Car∣rat to value the same, as in the margent appeareth by the said rule, af∣ter 25 ll the Carrat.

Rubies are found for the most part in a riuer called Pegu, being of the best kind and finest, and are called Nuncuplo, of a high colour without any spots, and cleane,* 1.186 also the hardest and coldest vpon the tongue as the Indians say.

They are sold by the Corcia or score, of 20 peeces, by a weight called Fanan. The Rubie of one Fanan for 10 Pardaos or Ducatts, is 50 ss ster. If they be not perfect, the price must be considered, as in the Island of Zeilan, where great quantities are found of a fleshie colour, esteemed but ⅓ in value, called by the Indians Manecas, which be∣ing mundified by the fire are made Carbuncles.* 1.187

There is also found in Pegu, another kind called Spinella with vs,* 1.188 and by them Caropus, esteemed at half the value of Rubies. And in the like estimation were another kind found in Balassia and so called,* 1.189 much like vnto the colour of a rose.

Saphires in the Island of Zeilan, the hardest are best,* 1.190 and of azure colour.

Topasies in the same Island, of colour like beaten gold,* 1.191 the hardest are best, and were sold for their weight in gold in times past.

Turqueses found in Malabar,* 1.192 being of Turquers colour by the day time, and by night by the light greene: they grow vpon a blacke stone, whereof those retaining some little blacke veines, are the better.

Iacinths (in the Island of Zeilan) are tender yellow stones,* 1.193 and haue commonly pimples or burbles in them.

Emeralds or Smaragds (being hard and greene stones,* 1.194 found in the countrie of Babylon, and other places of India) were of great esti∣mation before the quantitie discouered in the West-Indies, many of them are counterfeit: But by looking on them curiously to∣wards the light, the counterfeitnesse appeareth by certaine bur∣bles, like as the glasse doth; which is not in the true stones, al∣though certaine beames appeare, which true stones being rubbed on the touchstone, leaue the colour of gold, and the counterfeit the colour of copper, for they are made of an extraction of copper.

The auncient Phylosophers haue determined that Sulphur and Mercurie (being the originalls of all mettals) are engendered of vapours and exhalations,* 1.195 and the like origen they ascribe vnto all Precious Stones: which caused Artists to take the same into their consideration both for the said Stones, as also for Gold and Siluer,

whereof I do intreat more in the Chapter of Mines Royall &c.

All these stones being out of request with vs, are to be bought for Russia and other places, as the buyer findeth cause.

Pearles of all sorts are most found in the West-Indies, which are Occidentall,* 1.196 and yet beare the name of Orientall Pearles which come from the East-Indies, and although they haue more lustre, they are of a brownish colour, and somewhat inclining to the yellow, and therefore of lesse estimation and price, which at the beginning of our East-India trade was as followeth.

		ll.	s.	d.
Of one Carrat	1 ½ Pardaos is	0	7	6 Sterling.
Of 1 ½ Carrat	3 Par.	0	15	0
Of 2 Carrats	6 Par.	1	10	0
Of 2 ½ Carrats	8	2	0	0
Of 3 Carrats	12	3	0	0
Of 3 ½ Carrats	16	4	0	0
Of 4 Carrats	20	5	0	0
Of 4 ½ Carrats	25	6	5	0
Of 5 Carrats	30	7	10	0
Of 5 ½ Carrats	35	8	15	0
Of 6 Carrats	40	10	0	0
Of 6 ½ Carrats	45	11	5	0
Of 7 Carrats	50	12	10	0
Of 7 ½ Carrats	60	15	0	0
Of 8 Carrats	70 & 80	20	0	0

Aliofar, which is small Pearle sold by the Iuera, or Sorts which commeth frō the fishing of Co∣morin, worth

The 1 Iuera	330 reis
The second	180
The third	80
The fourth	18
The fifth	8

* 1.197And aboue this weight there is no proportion obserued, but it is meere estimation, as is noted in Diamonds, especially in the West-India Pearles, being of a clearer white water inclining towards blew, whereof I bought a great quantitie of sir Francis Drake knight, which he brought from Carthagena, a citie of the Island of Santo Domingo, being all vnholed and brute, of seuerall sorts, called Rostillo of 40 ss, the ounce, halfe Rostillo of 30 ss, Cadenilla of 4 ll the ounce, halfe Cadenilla 3 ll, Pedraria of 60 & 80 peeces in the ounce 7 ll, and halfe Pedraria of 100 to 110 peeces in the ounce 5 ll. Also great vn∣proportionated Pearles called Barocos, according to estimation and goodnesse, as these prices were made at Paris, and when they are holed or boared and stringed vp in foure sorts, called Entreneto, and put into boxes, then they are sold one with another according to their sorts, for 4 or 5 ll the ounce: diuers flat Pearles seruing for buttons,* 1.198 put vpon papers are sold by the peece according to their big∣nesse and fairenesse. Seed Pearle to stampe for Apothecaries at 8 and 10 ss the ounce.

Round Pearles of all sorts of this water, valued at Paris as fol∣loweth.

Of ½ a Graine 2 Solz tornois	2 d ⅖ star.
Of ••/4 Graines 2 ½	2 d ⅗
Of 1 Graine 4	4 d ⅘
Of 1 ••/4 Graine 6	7 d ⅕
Of 1 ½ Graine 10	12 d
Of 1 ¾ Graine 13 is	15 d ½
Of 2 Graines 16	19 d ⅕
Of 2 ¼ Graines 18	21 d ⅗
Of 2 ¾ Graines 30	3 ss
Of 3 Graines 40	4 ss

Of 3 ¼ Graines	50 solz	5
Of 3 ½ Graines	60	6
Of 3 ••/4 Graines	70	7
Of 4 Gr. Carrat	80	8
Of 4 ¼ Graines	90	9
Of 4 ½ Graines	100	10
Of 5 Graines	120	12
Of 6 Graines	240	24
Of 7 Graines	460	46
Of 8 Gr. is 2 Carrats	60

Pearles of a Carratt are worth now ten shillings, and the other sorts vnder the same, or aboue it, accordingly. I had 1600 of a Car∣ratt, which were sold for 9 ss and 900 of two Carrats, sold for 36 shillings, and many faire pendants, whereof no price can be made in certaintie, they must haue the due proportion of a Peare, and be of excellent water.

Yellow Pearle, is not worth halfe the price of the East India browne Pearle, albeit they be a little helped to make them whiter, for the Prouerb is true, Quod natura dedit, nemo tollere potest; but if they be yellow accidentally, then they will become very faire by the remedie following.

Take two ounces of white Argall or Tartar, and one ounce of Mercurie sublimate, and 1 ½ ounce of Allome, put them together into a cleane pipkin or leaded pot, poure vpon it the best Aqua vitae you can get, and bind your pearles into a cleane clout, and hang them in the pot, and so let them stand ouer the fire one houre, not touching any part of the pot, and they will be faire and white.

If they be great round Pearles they may be scaled, for naturally the Pearle is like vnto an Onyon, scaling one vpon another. I remember that a friend of my acquaintance, called Mounsieur Hellman told mee many yeares since, that during the minoritie of Philip the third, late King of Spaine, he shewed vnto him two excellent great round Pearles, which he valued at ten thousand ducatts, or three thousand pounds: which the young Prince tooke in his hands, saying, Bocado por vn Roy (A morsell for a King) and swallowed them downe one after another. The Merchant made account to receiue money for his Pearles, but hee could not, and was glad within two dayes after to take his Pearles againe, which by the heat of the stomacke were be∣come yellow; comming to Antuerp, a certaine Iew vndertooke to take off the vpper scale, and so they were exceeding faire againe, but diminished: they were afterwards sold to the great Turke for aboue two thousand pounds starling.

Thus much for Orientall and Occidentall Pearles, where note that the weight for Pearles in Seuill, is lesser than the weight of Lisborne by eight in the hundreth: the climate in the East is hotter

than in the West, and the water more faltish, which causeth the di∣uersitie of colours.

In Scotland are many times found prettie store of Pearles, and the climate being colder, maketh the colour of them to be dimme, albeit I haue seene some very faire, and pendants also. The small Pearle is also very wholesome in medicinable Potions.

Of the Commodities of Great Brittaine.

* 1.199THe Commodities of Great Brittaine, containing the Kingdomes of England and Scotland and the dominion of Wales, are rich, and Staple wares, and very aboundant, with a continuall increase, namely:

Woollen Clothes of all sorts, broad and narrow, long and short, called and knowne by the names of seuerall Shires, being 250 thou∣sand Clothes made yearely, besides the new Draperies of Perpe∣tuanaes, and the like commodities.

Tinne, wrought and vnwrought, aboue twelue hundreth thousand pounds yearely.

Lead transported and vsed, aboue eight thousand Fodders euerie yeare.

Allomes made in aboundance, aboue seuen hundreth Tunnes yearely.

Copperas made according to the quantitie vsed, some 250 Tunnes yearely.

Yron of all sorts, setting 800 Furnaces on worke.

Yron Ordnance, or cast Pieces, according to occasion made.

Wools and Woolfels, and Calfe skinnes in great quantitie, and Conie skins.

Stockins of all sorts of Silke, Wooll, and Yarnsey, Yearne and Woolls.

Buffins, Mocadoes, Grograines, Sattins, Calamancos, Veluets, Worsteds, Sarges, Fustians, Durance, Tukes, and all other Norwich wares and Stuffes.

Saffron the best that can be found in any countrey.

Glasse and Glasses of all sorts, Venice gold, Sea-coale, and Salt.

* 1.200Scots-coale, Wheat, Barley, and all kind of graines in both Kingdomes.

Linnen Cloth, and all Ironmongers wares, Hides, Tallow, Lea∣ther, drest and vndrest, Trayne Oyle, Salmons, Pilchards, Herrings, Hake, Conger, Red-Herring, Hops, Woad, Butter, Cheese, Beere, Salt-peter and Gun-powder, Honny and Wax, Alablaster, and many other Stones.

The Commodities of the Kingdome of Ireland, are

* 1.201VVOolles, Felles, Yarne, Furres, Flax, Linnen Cloth, Hides, Tallow, Hempe, Honny, Wax, Herring, Cods, Hake-fish,

Salmonds, Eeles, Ruggs, Mantles, Irish Cloth, Pipestaues, Yron, and Lead, Wheat, and all kind of graine, Salt-beefe, Butter and Cheese, and many Manufactures.

The Commodities of the Kingdome of France, are

WInes, Prunes, Canuas, Linnen cloth, Salt, Veluets, Raw silke,* 1.202 and diuers stuffes of Silke, Buckrames, Boxes with Combes, Paper, playing Cards, Glasse, Graine to dye, Rozen, Wheat, and all kind of Graine corne.

The Commodities of Spaine and Portugall, are

WOols, Madera Sugar, Almonds, Wines, Oyles, Anny-seeds,* 1.203 Anchoues, Bay-berries, Bariglia, Figs, Raisons, Traine-oyle, Yron, Oranges, Leamons, Sumacke, Saffron, Soape, Coriander, Cork, Licoras, Woad, and the commodities of the West Indies, Sugar of Brazill, Fernandebucke Wood, Tabacco, and other commodities.

The Commodities of Italy, and certaine Ilands.

VEnice Gold, Veluets, Sattines, Cipres, Silkes,* 1.204 Cloth of Gold and Siluer, Cottones, Fustians, Wines, Currans, Cloues, Rashes, Rice, Sarcenets, Raw Silke, Allomes, and Vitrioll, Glasses, and other Manufactures.

The Commodities of Germany and places adioyning.

WOolles, Argall, Steele, Latine, Copper, Yron̄,* 1.205 and all kind of Manufacture made of them: Copperas, Allomes, Lead, Fu∣stians, Paper, Linnen cloth, Quick-siluer, Bell-mettall, Tinne, Re∣nish Wines, and Mather.

The Commodities of East-land, and thereabouts.

AShes, Bowstaues, Cables, Canuas, Buffe-hides, Flaxe, Hempe,* 1.206 Honny, Wax, Stock-fish, Spruce Yron, Match, Wheat, Rye Meale, Woolles, Waynscott, Pitch and Tarre, and Linnen cloth, Cordage and Ropes.

The Commodities of Denmarke, and Norway, and Sweaden.

WHeat, Rye, Woolles, Deales, Clap-boord, Pipe-staues,* 1.207 Masts, Waynscot, Copper, Timber, Fish and Furres, Al∣lomes in some places.

The Commodities of Russia.

* 1.208TAllow, Hides, Caueare, aboundance of rich Furres, Blacke Fox, Martins, Sables, and the like: Honny, Wax, Cables, Ropes and Cordage.

The Commodities of Barbary.

* 1.209GOat skinnes, Almonds, Dates, Aneale, Gumme, Feathers, Salt∣peter, Gold plentifully: and from Guynea, Hides, Oliphant teeth, and Graine.

The Commodities of the Low Countries.

* 1.210TApestrie, Battery worke, Steele, Cambrickes, Lawnes, Hoppes, Mather, Butter, Cheese, Grograines, Bozatoes, Chamblets, Mo∣cadoes, Brushes, Tape, Linnen cloth, Pots, Bottles, Wheat, Rye, Salt, Chimney backes, Blades, Horses, Soape, Fish, Herrings, Cods, Ling, and many things, as Diaper, Smalt, Hoopes of Yron.

The Commodities of the West Indies.

FRom the Low Countrie beginning the West India Trade, let vs set downe the commodities of it, seeing that the States of the vni∣ted Prouinces haue made lately a Societie of Merchants, bearing date the ninth of Iune 1621, wherein other Nations may be aduen∣rors, as by their letters Pattents appeareth; prohibiting all other their subiects or inhabitants, that they shall not trade from the said coun∣tries, nor out or from any other kingdome and countrie whatsoeuer,* 1.211 vnto the coasts and countries of Africa, from Tropicus Cancri, along to the cape of Bona Speranza, neither in the countries of America, from the South end of Magellanes le Mary, and other straits, to the straits of Anian on euery side, Noua Guinea included, vpon forfeiture of the ships and goods and all their possessions, within their iurisdicti∣on and command, and arrests of their persons, vnlesse they be of the said Company made and established for the West India Trade.

Gold and Siluer, Cucheneale, Sugars, rich Indico, Donnigo Gin∣ger, Pearles, Emeraulds, Hydes, Campeche or Logwood, Salsaparilla, Tabacco, Canafistula, Cocos-wood, Lignum vitae, Cottonwooll, Salt, and some other druggs for Physicke or dying of Stuffes. And this may suffice for a declaration of the principall commodities of most countries.

CHAP. VIII. Of Commutation or Bartring of Commodities.

WE haue compared Commodities vnto the bodie of trafficke, which did vphold the world by com∣mutation 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 ac∣cording 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 vncoy∣ned, 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 sur∣mount 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 commo∣dities, was, and is (since that time) made according to the rule of mo∣ney, 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 good∣nesse 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

coyned, and commodities were dispersed by commerce betweene nations by an interchangeable course, supplying each others occasi∣ons and necessities, according to the vse of commodities.

* 1.212This commutation is called Negotiatiua, because things are com∣muted for to sell againe by way of negotiation, which is either by selling or deliuering commodities for commodities in specie, as afore∣said; 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, procee∣ding of the consideration betweene this naturall and artificiall ri∣ches.

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, (es∣pecially 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 man∣ner 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 vphold∣ing 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 poli∣ticke gouernment. Who seeth not then that without any cause of ad∣miration, 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 gi∣uing 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-bal∣lancing 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

or States-men, as a principall matter of State for the preseruation and augmentation of the wealth of their Common-weales or Mo∣narchies, 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 coun∣trie and countrie, according to their vse; and in the charges of manu∣facture of those things, and the manufacture of other things exchan∣ged for the same by way of trafficke and commerce.

Worthie of commendation was the Maior of Carmarthen towne in Wales,* 1.213 who (perceiuing the Spaniards to import Oranges and Le∣mons, 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 rot∣ten) caused a proclamation to be made, That no man (for the space of three daies) should buy any of those Oranges and Lemons: and with∣in 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 commo∣ditie 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 Ve∣nice 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 ex∣ported for the same, whereby the people are set on worke to main∣taine a common societie. But when Tabacco is imported,* 1.214 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 Ta∣bacco; 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 par∣ticular, take some course that euerie man should not make employ∣ment in Tabacco in Spaine, or beyond the seas, but that the li∣censed buyers thereof should make ouer so much money by ex∣change 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

sterling Standard, or so much in Bullion as may make the quantitie required) may be thought expedient, if (in regard of ciuile reputa∣tion 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 pro∣uidence 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 ve∣rie 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 nati∣ons, 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 prefer∣red 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,* 1.215 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 proui∣sions; 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 conside∣red, 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

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 Cra∣mosin 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 Mil∣laine 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,* 1.216 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 an∣gel 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 re∣turned 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

bought at Seuill a Tunne of Oyle and more; now one Tunne of Oyle doth counteruaile three Clothes and more, and other com∣modities accordingly, giuing (as it were) three to one in specie for foraine commodities.

* 1.217Compare 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 va∣luation is altered) and you shall find that within the said time of se∣ventie yeares, an Angel worth ten s. then, is now aboue twentie s••il∣lings; a French Crowne six shillings, now twelue shillings six pence, and all other coynes accordingly, or thereabouts: whereas in Eng∣land 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 Ex∣changes.

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 peo∣ple on worke, imploying Ships, and augmenting the Kings Cu∣stomes and Impositions: But they neuer consider two principall points whereby the wealth of Kingdomes and Common-weales in∣creaseth or decreaseth, namely:

* 1.218If commodities imported vnto vs, bee dearer than in times past, as we haue noted, and our home commodities are not sold propor∣tionably in price, but wee will indeauour still to sell good cheape: who seeth not that this bringeth an euident ouer ballencing of com∣modities in price, which is to be ballanced by the treasure and mo∣nyes 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 Noren∣borough 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 preoccu∣pying the Markets, and ingrossing the commodities of those coun∣tries aforehand. From Zealand there is a trade establis••ed for Barba∣rie, 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, Al∣monds 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;* 1.219 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

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 accor∣dingly, than now when Wooll is sold for 18 and 20 shillings▪ The reuolution of things may alter againe and reuiue trade; if not, pro∣cure 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:* 1.220 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 contra∣rie augmenteth trade, when there is plentie of money, and commo∣dities become dearer being in request.

Concerning the particular barter or truck with Merchants, euery man doth know who dealeth therein,* 1.221 that this is done with such dex∣teritie, 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; where∣by 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 commo∣dities whereby a man becommeth a loser; and he that dealeth in bar∣ter 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:* 1.222 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, where∣upon 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 com∣moditie. 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

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 com∣promitted 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 en∣deauoured 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, vn∣lesse they be betweene vs and forraine Nations in the pluralitie of the things commuted betweene vs and them.

* 1.223To 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.

* 1.224The 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 be∣tweene them.

* 1.225The 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.

* 1.226The 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 com∣modities 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 sel∣ling 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,* 1.227 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 mu∣nition, 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 good∣nesse of the nature of the thing, but rather according to the vseful∣nesse 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 pro∣ceed with great moderation,* 1.228 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,* 1.229 nihil inde spe∣rantes.
• 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.
• ...

• 4 By Vendition or selling of things.
• 5 By actiue mutuation, or mutuall giuing or lending of moneys.

* 1.230And in buying and selling of things, there are required eleuen ne∣cessarie conditions; First, a consent in the selling; secondly, a power to sell, the like in the buyer; thirdly and fourthly, consent and pow∣er; 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 vnreaso∣nable 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.

* 1.231But 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 estimati∣on, 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 de∣mand or expect any thing aboue the price agreed vpon. And intrea∣ting 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,* 1.232 in so much that there be not a curtaine to hide the commoditie so bought and sold: howbeit in all faires and mar∣kets in the parts beyond the seas, a Trades-mans shop, and a Mer∣chants ware-house is taken to be publicke and open at the appointed times.

They haue also determined, that a seller may not demand a grea∣ter 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,* 1.233 and before the time of paiment, by way of anticipation, which neuerthelesse resteth in his power to accept thereof, or to ex∣pect 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 de∣duction of the interest of the said money for the time to come and

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 sel∣ling 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,* 1.234 that Nudae pactio obligationem non pa∣rit, exceptionem parit, a bare or naked couenant bindeth not, but bree∣deth 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 consi∣deration, 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 orde∣red 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 Mer∣chants, 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 sen∣tence

shall be giuen by the Merchants Court for the paiment there∣of, 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 Com∣mon 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 iudge∣ment 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.

* 1.235A 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 buy∣er, 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 ap∣pearing) 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 obliga∣torie made ouer vnto him,* 1.236 whereof he could neuer recouer one pen∣nie, although he did pay the whole debt and dammages, for the par∣tie 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.

* 1.237Some 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 vnder∣stood 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 hipo∣thecated vnto another, so the pawne be preserued. Againe on the con∣trarie, 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

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 wri∣ting, 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 or∣dinarie Customes obserued in the course of the said Essentiall Parts of Trafficke, is plainely to bee declared and distinguished from liti∣gious questions.

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

EVen, as the whole Commerce and Trafficke consi∣steth 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 sel∣ling of Commodities: because the commodities of one countrie growing rancke and aboundant, are transported into other countries, in whose steed needfull commodities of those king∣domes 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,* 1.238 may be illustrated by the considera∣tion of the seuerall meanes, whereby the said buying and selling are effected.

1 The first is, buying with readie money,* 1.239 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,* 1.240 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 Commodi∣ties 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

commoditie is much to be respected: which was the cause that when commodities did abound at the first, and the wealth of man was de∣scribed 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.

* 1.2413 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 va∣lue of the monyes of one Countrie, and the value of the monyes of other Countries, by weight and finenesse, as shall be heereafter decla∣red, 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.

* 1.2424 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.

* 1.2435 Another buyeth some commodities there, or in any other place beyond the Seas, and for that purpose he hath a Letter of At∣turny, 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, Yar∣mouth, and many other places, vpon the very same and vniforme Coyne, by Letters Missiue betweene Merchants here and there.

* 1.2446 The most vsuall buying and selling of commodities beyond the Seas, in the course of Trafficke, is for Bills of Debt, or Obligati∣ons, called Billes Obligatorie, which one Merchant giueth vnto ano∣ther, for commodities bought or sold, which is altogether vsed by the Merchants Aduenturors at Amsterdam, Middleborough, Ham∣borough, and other places. For when they haue sold their Clothes

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,* 1.245 for the summe of one hundreth pounds paiable at six mo∣neths, 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 Gen∣tleman, 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 bea∣rers thereof, vnto whom the same is set ouer by Tradition of it one∣ly, which by a Retrograde examination will appeare; and this is cal∣led a Rescounter in payment,* 1.246 vsed amongst Merchants beyond the Seas, and seemeth strange vnto all men that are ignorant of this Cu∣stome, 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 re∣ceiue 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 Chap∣ter, 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 there∣of more amply. For the sinceritie of plaine dealing hath hitherto beene inuiolable,* 1.247 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, accor∣ding to the forme hereafter expressed.

This Custome is much practised by the Merchants Aduenturers beyond the Seas at Middleborough, Amsterdam, Antuerp, Hambo∣rough, 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 ano∣ther Merchant, commonly accompanied with a Mediator or Broker, to buy a good round quantitie of Silke wares,* 1.248 or any other commo∣ditie (which is ordinarily sold payable at some dayes of payment ei∣ther 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 a∣mount vnto; and if there bee any remainder due for the com∣moditie, 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

great summe. Heereupon all such Bills as are of knowne persons are soone accepted of, and of the vnknowne persons, either him∣selfe 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,* 1.249 he may sell them to other merchants that are moneyed men, and abating for the interest for the time, and (commonly one moneth ouer) accor∣ding 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 de∣liuer by exchange, or to pay debts withall, or to carrie home in specie, or for any other purpose at their pleasure; which is commodi∣ous for young merchants hauing small stockes, as also for all men vpon all occasions: for it is properly as money paied by assignati∣on, whereby verie great matters are compassed in the trade of mer∣chandize, the commodities are sooner vented in all places,* 1.250 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 com∣merce.

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,* 1.251 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 hun∣dred 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 per∣forme,

and had the value of 700 ll deliuered vnto him in Bayes accordingly, and the Bills were to be altered in the other Mer∣chants 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 En∣glish men and Strangers: The verdict was found for the Bay Mer∣chant, 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.

* 1.252This custome might (with great facilitie) neuerthelesse be esta∣blished 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 Protho∣notarie) by meanes whereof many questionable parcells or pay∣ments are made apparant,* 1.253 and the Bills for the most part doe re∣maine 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 pay∣ments are made by Rescounter,* 1.254 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 ac∣knowledgement 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 vn∣derstood, 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 Mu∣tatis mutandis.

Forme of Billes Obligatorie.

I A. B. Merchant of Amsterdam doe acknowledge by these pre∣sents to be truely indebted to the honest C. D. English Mer∣chant dwelling at Middleborough, in the summe of fiue hundreth pounds currant money for merchandise, which is for commodi∣ties receiued of him to my contentment, which summe of fiue hun∣dreth pound as aforesaid, I do promise to pay vnto the said C.D. (or the bringer hereof) within six months next after the date of these presents: In witnesse whereof I haue subscribed the same at Am∣sterdam the 10 of Iulie 1622, Stilo nouo.

A.B.

In the East Countries, and sometimes in the Low-countries they will put a seale to it, and then the word subscribed and sealed goeth together: but there is no mention made of any deliuerie or deed, for that is vnderstood of course, in so much, that if for want of pay∣ment the Bill be put in suit, and the partie adiourned or cited to make his appearance: The Iudge (making no doubt of any such matter) will instantly say to him, My friend, what is the reason that you haue not payed this your Bill to C.D? for to deliuer a Writing,

or a Bill as an * 1.255 Escroll (as we say at the Common Law) is vnknowne vnto all Merchants there, and the bringer of the Bill (called with vs the bearer of it) shall be admitted to recouer the same without any Letter of Atturney, or other Warrant.

* 1.256The Ciuil•• Law, and the Law Merchant do, require that the Bill shall declare for what the debt groweth, either for Merchandize, or for Money, or any other lawfull consideration. The words Currant Money for merchandize, is, because that Merchants for diuers re∣spects tollerate commonly the moneys to go currant at a higher rate in the course of trafficke, than they are valued by publicke authoritie of Kings and Common-weales: And when the Bill mentioneth Mo∣ney, it is taken to be Money at deposito or interest; wherein is to be ob∣serued, That the interest must be ioyned with the principall summe, without any specification, whereby it may be separated or distingui∣shed, because the debtor shall not pretend to pay the same at his best opportunitie and pleasure; as may (thereupon) be done for money letten for loane, retaining still the principall in his hands, and paying the interest from time to time, quarterly, or halfe yearely: for it is lawfull and accustomed, that although one hundreth pounds were ta∣ken vp for one whole yeare, after the rate of ten vpon the hundreth; the Debtor or Taker vp of it, may discharge the same at three mo∣neths, if he will, paying one hundreth and two pounds ten shillings, vnlesse the Bill made for the same be made paiable at a time limited, with a penaltie of a summe of money, called by the Ciuilians Poena Canonica, which with vs in England is done vpon a Bond, with a for∣feiture of halfe or double the summe of the principall, wherewith the interest is also ioyned without distinction, which may not exceed the rate of ten vpon the hundreth for the yeare, in the computation whereof, diuers things are to obserued, as we shal declare hereafter.

Now if a Bill made beyond the seas be done by two, three, or more persons, as hauing bought a commoditie as partners together, or taken vp moneys together at interest, wherein they bind them∣selues all as principall Parties or Debtors; yet euerie man is but bound to pay his part.* 1.257 The like is, if one be bound, and two, or more do put their hand and seale, and vnder-write, and seale the said Bill as Prin∣cipals, yet paying their proportionable parts, they shall be cleered by the Ciuile Law, and the custome of Merchants: but if they doe simply subscribe, and say we are Sureties, then they are all bound for the whole, as if the words we or either of vs in solidum were expres∣sed: which is the cause that in all notariall writings (onely vsed vp∣on questionable matters decided, or to be decided) they do not only bind the parties with these words, but they do also make a decla∣ration of all renuntiations of priuiledges,* 1.258 and especially of ex∣ceptio diuisionis, and then it is one for all. Exceptio ordinis & excus si∣onis, is to meddle with the Suerties before the Principall: Re∣nouncing the Letters of Adrian the Emperour, for the cessions of goods, Prolongations of paiments, Vintages, or free Martes, all

Constitutions, Canons, Priuiledges, or Statutes and Acts of Parlia∣ment made or to be made, published or enacted; and in these cases the debtor is alwaies to be bound with the Suerties in all Acts or Instru∣ments made before Notaries. Renouncing also the benefit of Sena∣tus-consultus, or Arrest Velle Ioan, for the prerogatiue of women, which vpon the decease of their husbands doe claime their portion brought in by them in marriage, or their dower, or any thing else that may be alleaged or imagined.

In England, Billes Obligatorie being made payable to the par∣tie, his Heires, Executors, Administrators, or Assignes, may con∣ueniently be set ouer, as aforesaid; because the lawfull assignee shall bee of Record, and registred also vpon the Bill, and if there bee two or more bound in a Bill, fraudulent dealing will be also better preuented; for by the Common Law,* 1.259 if one doe release one of his Debtors (by way of acquittance) that is bound with others vnto him, they are all released and acquited thereby, although there were neuer so little payed of the debt; insomuch that a receit for parcell of the mony receiued of one of the debtors, being made in full payment of his part onely, doth neuerthelesse discharge them all, as for example by woefull experience may be demon∣strated.

Three Linnen Drapers of London, bought of a Merchant stran∣ger 40 pieces of fine Hollands cloth, amounting to 160 ll, and gaue their ioynt Bill for the payment of it at six moneths: one of them became insoluent, and being imprisoned, made a compo∣sition with the Merchant for eight pounds, and thereupon had a ge∣nerall acquitance made to him onely. Shortly after, the other two Linnen Drapers, being somewhat pressed for the payment, and ingaged for the other, they did plead the other mans generall acqui∣tance, which was but a receit made of the said eight pound, expressing that is was in full of his part; and neuerthelesse vpon triall in Law, it was adiudged to be a sufficient discharge for them all, in nature of a generall acquitance. These obseruations at the Common Law, and such like Booke cases as I haue put downe, I hold to be necessa∣rie for Merchants to know, albeit wee handle the Law-merchant in this Treatise, and not matters of the Common Law. If you take beyond the Seas any Bill Obligatorie for money deliuered vpon two or three liues, or for wagers or layes, which are conditionall,* 1.260 let the partie be put to prooue: if vpon proofe of liues, make the Bill payable at a day certaine, vnlesse one of the parties were dead: whereby the partie is bound to pay, or else to prooue the decease of the one: on the contrarie, if you make the Bill to be payed, if they be all aliue or liuing, then must you prooue they be liuing. To con∣clude, Abundans Cautela non nocet. Finally, if a Bill be thirtie yeeres old, and neuer demanded or questioned, it is void by the Ciuile Law, and the Law or Custome of Merchants doth not take any knowledge thereof.

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 Cre∣dit 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 accom∣plish them, or he that doth not performe them may bee thought to be weake and to want meanes to doe the same.* 1.261 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 Mer∣chant, 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 satis∣faction as hee shall require: the partie to whom this Letter is directed will accordingly doe his endeuour and performe the re∣quest of the other, and keepe the Letter for his assurance or se∣curitie, and what hee doth thereupon vndertake, is made appa∣rant by such Writings or Euidences as hee taketh of the said Bea∣rer of the Letter, that thereupon hee may bee well dealt with∣all 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;* 1.262 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,

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 Let∣ters 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 In∣strument 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 re∣couer 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 Repu∣tation, 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,* 1.263 conside∣ring the easie transferring of B••lles alreadie spoken of. For a Mer∣chant 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 Decla∣rations, 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, Por∣tugall, and other places: and because he is vncertaine what his Ser∣uant 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 Dan∣sicke 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 present∣ly performe the Commission giuen him, and so the businesse is ac∣complished.

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 Tran∣sports, or Conueyances.

* 1.264A 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 Constitu∣ant) 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 re∣quire 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;* 1.265 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 re∣uocable at all times, vnlesse it bee that the said Letter of Atturney

do containe a Transport of some thing which is conueyed thereby: As if a man do constitute another for the recouvering of certaine mo∣neyes 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 pur∣pose, the effect being fully performed which was the cause thereof. So beyond the seas, if you make a Letter of Attorney to a Procura∣tor 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,* 1.266 but the power may be li∣mited. An Attorney may haue authoritie to conuict a man by law for the recouerie of money or goods, and to proceed to execution by im∣prisoning 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 insinua∣tion, 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:* 1.267 therefore they that haue Procurations are to be carefull of the dispossessing of them∣selues of any goods, or moneys receiued, to be cleered by the Law, which happeneth commonly of goods taken vpon the seas, or seque∣stred in any Harbour, by vertue of a Letter of Attorney or Procu∣ration.

The Ciuilians intreating of Procurations or Constitutions vnder Titulas Mandati, haue well obserued,* 1.268 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 pau∣ca 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 promi∣sed to pay the same. Queritur whether C.D. hath performed the com∣mission or commandement giuen him, and whether he be discharged of the debt; as also whether this order or commission can be reuoked.

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 inter∣uenerit 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 Acquit∣tance for the same; and receiuing the money without making an Ac∣quittance, 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 re∣paied the money.

Another case they handle at large, Bartholomew did make and con∣stitute Nicholas to be his Procurator or Agent, in the buying of com∣modities, to the value of fiue thousand crownes; and he the Consti∣tuant 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 be∣fore a Notarie) the said parties to be named in the contract, and there∣by bindeth them vnto Titus and Meuius, for the commodities bought of them to the value or summe of fiue thousand crownes. But Bartho∣lomew 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 com∣mission of the other three he had constituted and made Nicholas to be the Procurator.* 1.269 The rule in Law being, Quod vna determinatio re∣spiciens 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 ca∣uillors, and to lose much of their credit and reputation.

It is also a custome amongst Merchants, that if the Master (know∣ing that his Procurator hath exceeded his Commission) be silent, the same is taken for a consent; the rather because Procurations (com∣monly running in generall words, whereby Factors are directed) do comprehend all things which (of course) are to be done touching

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 pay∣ment 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 Mer∣chant that is no cause but he must pay for the Paper, whereof no man ought to make doubt.

If a Merchant maketh a Procurator,* 1.270 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 Pro∣curator is not bound to make any further proofe; but the partie ex∣cepting 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 com∣mission to receiue a summe of money, and to pay the same vnto ano∣ther, 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 tene∣tur nominare.

It is also worthie the obseruation,* 1.271 that generally all Ciuilians do concur in opinion, That when Merchants by their Letters or Com∣missions 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 concer∣ning Merchants noted in most of their Law bookes: hereof we in∣tend (God willing) to intreat more amply in the next chapter con∣cerning Factors and Seruants, and the Commissions giuen them, &c.

The ordinarie rule of Procurations in things compleat and not

effected, is vnderstood to end with the death of the Master or Mer∣chant that giueth such procurations, albeit there are many excepti∣ons: for a Procuration may be made to endure after his death,* 1.272 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 perempto∣rie and absolute Procurations or Commissions, it must be knowne that the like authoritie is vsed to preuent many inconueniencies, ha∣uing a vigilant care that equitie be maintained.

And that all Merchants or Procurators for Merchants, are to ac∣complish the lawfull Commissions giuen them, and meanes thereun∣to 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.

* 1.273Some that haue written de Constituto haue moued questions, Whe∣ther 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 or∣dinarie messenger? Others, whether it bee conuenient to vse the words, You shall giue him full credit and trust in what he hath vnder∣taken 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) im∣pertinent to trouble Merchants with them. Such only as are materiall shall be handled in the following Chapter. ({inverted ⁂})

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

THE difference betweene a Factor and a Seruant con∣sisteth 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 ex∣ceeding 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 Commis∣sion shall lose his Factoridge.* 1.274 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 de∣pendeth vpon Trafficke; otherwise, the Factor groweth rich and the Merchant poore, because his gaine of Factoridge is certaine, howso∣euer 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,* 1.275 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;* 1.276 sometimes vpon a passio∣nate humour, as a Merchant of Amsterdam did of late yeares to

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 re∣membred that losers haue leaue to speake.

* 1.277Factors 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.

Obseruations concerning Factors.

IF a Factor do sell at one time vnto one man seuerall parcells of commodities or goods belonging to diuers mens accounts, to be paied iointly in one or more paiments, without any distinction made by the buyer for what parcels he payeth any summe in part of pay∣ment of the said debt, weekely or monethly, as shop-keepers do▪ then is the said Factor to make a proportionable distribution of the mo∣neys so receiued vpon euerie mans account,* 1.278 according to the summe that euerie mans parcell did amount vnto, vntill all be paied: and if any losse doth happen, or that all be not paied, the said losse is to be distributed vpon euerie mans account accordingly.

If a Factor do sell afterwards more goods to the said man, or any other who is alreadie indebted for other commodities formerly bought, as aforesaid, bee it for his owne account, or other mens ac∣counts, and in the Interim receiue some more monyes in part of pay∣ment and account between them; then is the said Factor to distri∣bute the said monyes as before, vntil the said old and precedent debt be first payed, vnlesse there were cause of controuersie for them, or that the payment were indorsed vpon the Bill made for the later goods sold vnto that man: for that Bill may bee transferred or set ouer vnto another man, and so is not hee the receiuer of that mo∣ney, but the other man.

If a Factor doe sell goods to another man payable at time for his owne account, and rcieveth the money for the same at the time of payment, and in the meane time letteth other mens monyes remaine in that mans hands vnpayed, for goods by him formerly sold; this Factor is to be answerable for that money vnto those other men, al∣though hee should neuer recover one penny of it. For hee cannot (without fraud) beare with the non-payment of other mens monies

after they be due, and procure the payment of his owne money, to another mans losse and preiudice.

In like case, if a Factor doe sell vnto a man certaine goods of an∣other mans account, either by it selfe or amongst other parcells, and this Factor giueth not aduice to the owner or proprietarie of the sale of the said goods, but afterwards (hauing had more dealings with that man in selling of goods and receiuing of mo∣nyes) this man becommeth insoluent; The Factor is to make good that debt for the said goods so sold, because hee gaue no aduice to the owner of the sale of the said goods at conuenient time, euen as if he had sold those goods vnto a man contrarie to the Commis∣sion giuen vnto him; for the Salarie of Factoridge bindeth him thereunto.

If a Factor by order or Commission of a Merchant, doe buy any Commodities aboue the price limited vnto him by the said Merchant, or that they bee not of that sort, goodnesse, or kind, as he is willed to doe: This Factor is to keepe the same for his owne account, and the Merchant may disclaime the buying of them. The like hee may doe, if the Factor (hauing bought a commoditie according to his Commission) doe ship the same for another place than he hath Commission to doe.

If a Factor doe sell a commoditie vnder the price limited vnto him; he is to make good the losse or difference of the price, vnlesse he can giue a sufficient reason of his doing so: wherein hee is to con∣sider the disposition of the Merchant for whom hee dealeth, as is before noted.

If a Factor buy commodities according to his Commission, and afterwards the price of them riseth, and thereupon (fraudulently) hee ladeth them for another place, contrarie to his Commission, to take the benefit thereof: in this case the Merchant shall recouer damages against the Factor by the Custome of Merchants, vpon proofe made thereof.

If a Factor, by the aduice of a Merchant, doe buy a commoditie for that Merchants account, with the said Merchants mony, or by his credit; and the Factor giueth no aduice of the buying of it to the said Merchant, but doth sell the same againe for his owne bene∣fit and gaine: the Merchant shall recouer this benefit of the said Factor, by the Office of Prior and Consulls, according to the Cu∣stome of Merchants, and shall be moreouer amerced for his fraud.

If the Factor do sell another mans commoditie to a man discre∣dited, who cannot vsually (as before) buy commodities at the or∣dinarie price as other men, and it falleth out that this man breaketh; the Factor shall pay for the said goods, as shall be thought they were worth, vnlesse hee can prooue that hee was ignorant of the parties weake estate and credit, or that hee sold him goods of his owne ac∣count also, which argueth plaine dealing, or that hee had Com∣mission of the other man to deale for him, as if it were for his

owne proper goods, as hath beene declared. And yet in this case hee cannot barter any of the said commodities for other commo∣dities,* 1.279 but hee must haue expresse commission and order for it from the Merchant; neither can hee transferre or set ouer any Bills Obligatorie in nature before declared:* 1.280 For albeit this manner of Commissions giuen to Factors is very large, yet it containeth cer∣taine restrictions and limitations, in euery Merchants vnderstanding.

If a Factor shall by a false Entrie in the Custome house, ei∣ther vnawares or of purpose,* 1.281 conceale part of the Custome with∣out consent or priuitie of the Merchant, whereby the goods be∣come forfeited to the Prince; the said Factor shall beare the losse of them, and answere the value thereof vnto the Merchant, as they did cost, if it be for goods to be transported; or as they might haue been sold, if it be for goods to be imported.

If a Factor or Merchant, doe colour the goods of Merchant Stran∣gers in paying but English Customes, (although he did beare the ad∣uenture of the Seas for the said goods) he runneth into a Praemunire, and forfeiteth all his goods vnto the King, and his bodie to perpetuall imprisonment.

If a Factor, by a Letter of aduice, or by an Inuoyce of commodi∣ties which the Merchant sendeth, doe make a short entrie into the Custome house, the goods not entred shall be lost, but the Factor cannot be charged with the same.

If a Factor make returne vnto a Merchant for the prouenue of his commodities sold,* 1.282 in prohibited goods which may not be exported, and haue no Commission from the Merchant to doe the same; hee shall beare the losse of those goods, if they be seized vpon for the King, or taken as forfeited: But if it be vpon commodities to bee im∣ported, the Factor is in no fault; howbeit hee ought to giue aduice vnto the Merchant, what commodities are forbidden to bee impor∣ted, or exported, according to the pleasure of Princes, which are ab∣solute gouernours in their Hauens, Harbours, Ports, or Creekes.

* 1.283If a Factor commit any vnlawfull Act, by the direction of the Merchant, be it for the transportation of Gold or Siluer into the parts beyond the Seas, or otherwise▪ and if it happen thereupon that the same bee taken, the Merchant beareth the losse: and yet the Factor is subiect to pay treble damages by the Law, if it be followed within the yeare; or may bee fined for the same in the Starcham∣ber, although it be many yeares after.

If a Factor doe pay money for a Merchant (without Commission) to another man, it is at his apperill to answere for it. And if hee de∣liuer other mens money at interest, and take more than the tollerati∣on of the Statute (which is ten in the hundreth by the yeare) where∣by the said Statute against Vsurie taketh hold of him, and the money is lost; the said Factor is to be charged therewith, and to make good the money vnto the Merchant.

If a Factor (hauing receiued other mens goods or monyes into his

custodie) be robbed of the said goods and moneys, he is to beare the losse,* 1.284 and to make good the same to the Merchant: But not in case where the vnmercifull Elements of Fire and Water shall destroy the said goods or moneys, or where a Towne is sacked or pil∣led; which is alwaies to bee borne by the owner or proprietarie of the same.

If a Factor buy a commoditie,* 1.285 which afterwards becommeth dam∣nified by some accident or casualtie, whereby the Merchant (for whose account he bought the same) becommeth a looser; that Fa∣ctor is not to be charged with any part of the losse: But if the commodities were damnified before, then he is to beare some part of the losse, although it happened to be knowne afterwards. A Factor bought for a Merchant of Amsterdam one hundreth tunnes of Al∣lomes, which came from Ciuita Vecchia, laden with some Candia Oyle, whereof some part was spilled vpon the said Allome▪ after∣wards the same being mingled together, was sold and transported to Amsterdam, and there sold to the dyers of Harlem, Amsterdam, and Roterdam; who vsing the same, found their cloth stained in di∣uers places; (for where the oyle touched, there the colour could not take) so that they became great loosers, as appeared by diuers testimo∣nials. The Factor did thereupon demaund reparation of damages of him who sold him the allome; and the Merchant did the like of the Factor, for there was aboue 300 ll lost: whereupon the matter was much debated amongst Merchants both here and beyond the seas, and they did deliuer their Parecer or opinions in writing,* 1.286 and being found that the Factor had knowledge that some oyle had bin spilled vpon the allome, and neuertheles bought the same, he was adiudged by the sentence of Merchants, to pay the one halfe of the said losse, and the other halfe was borne betweene the dyers and the Merchant of Amsterdam: and he that sold the allomes, was cleered and fully paied; so that in these cases the circumstances and accidents are to be considered.

If a Factor do receiue money for other mens accounts,* 1.287 which af∣terwards are decried, or some losse doth happen by exchanging the same, be it vpon Copper moneys, or light Gold taken for mer∣chandises sold; euerie man is to beare that losse proportionably according to his summe, and the Factor is to sustaine no damage thereby, vnlesse it were for false coine by him receiued, which he is bound to know.

* 1.288If a Factor bee required by a Merchants Letter of Credit, to giue credit vnto others, hee must looke verie precisely to ob∣serue the same accordingly; which Letters of Credit are either ample, or restrained to certaine conditions and limitation of time, place, persons, summes, and many other circumstances: if they bee ample, then is it dangerous for the giuer of the said Letters of Credit, and may also procure a losse to fall vpon the Factor; wherein consideration must bee had both wayes. Suppose A. B.

of London, writeth his Letter vnto C. D. of Antuerp in these words; If E. F. of Amsterdam, or any other of my friends there, draw by exchange vpon you any Summes of money; it may please you to follow his and my friends order: I will be your warrant for all, and haue a care that all shall be accomplished orderly. C.D. of Antuerp the Factor in this case,* 1.289 doth accept from time to time many Billes of Exchanges, and payed them accordingly, and taketh vp the mony (by the direction of E.F. of Amsterdam) for Spaine and other places; and so continueth the same for a long time, by way of rechange from one place to ano∣ther, vpon the said credit of A.B. of London. At last this Factor. C.D. becommeth suspitious, because of this long continuance of mony by exchange and rechange, and writeth vnto the said A.B. of London, to know whether he is contented to continue his former credit by him giuen to E. F. of Amsterdam? A. B. continueth the same, but with a limitation to a certaine summe,* 1.290 not knowing what summe of mo∣ney the said C.D. was engaged for the said E.F. of Amsterdam; for C.D. gaue him no notice of it at that time: hereupon it falleth out, that E.F. of Amsterdam becōmeth insoluent, and being much indeb∣ted vnto C.D. the Factor of Antuerpe; this Factor requireth his sa∣tisfaction at the hands of A.B. of London, according to the former Letter of Credit. A.B. doth answere, That he had restrained and limi∣ted the said Credit to a certaine summe, which indeed did cut off all former matters, seeing C.D. gaue him no notice of the moneys ow∣ing before, and A.B. was onely to answere for the money which was taken vp by the second Letter of Credit, according to the summe limited, otherwise A. B. had beene cleered of all. But if C.D. did continue those monyes by exchange and rechange, vpon the credit of A. B, and the Factor (with whom hee had correspondence) doth become insoluent, and thereby C.D. the Factor is damnified and pay∣eth the monyes running by exchange, or is bound to pay the same: This Factor is to be saued harmelesse by A. B. because hee tooke vp or caused to be taken vp,* 1.291 the said monyes originally: So that his Cre∣dit was the Efficient Cause of it, and the Factor is to bee regarded herein, in all reason.

If a Factor doe accept Billes of Exchanges of a Merchant, with order to Rechange the same againe vpon him, or to take it vp by exchange for another place or places, where he the said Factor shall find it to be for the most benefit of the Merchant: if this Factor take vp the same according to his best skill and know∣ledge, although it be found contrarie to the Merchants intention, the Factor is not to be charged, and the Merchant is to saue him harmelesse for the principall, with exchange, rechange, and all charges of factoridge.

If a Factor do make ouer money for another mans account by ex∣change vnto another man or Merchant, before he haue notice that this Merchant is broken, and the Bills of Exchange are not due: this Factor hath authoritie to countermaund the payment of this money,

although the partie (vpon whom the Bill of Exchange is directed) had accepted the same. And if the said partie should pay the same before it was due, he is to repaie the same againe to the said Factor, as hauing paied it in his owne wrong, contrarie to the custome of Mer∣chants in exchanges.

If a Factor do fraight a ship for some voyage to be made,* 1.292 going and comming, for a Merchants account, and by his Commission or order, wherof a charter partie of fraightment is made by Indenture between him and the Master of the ship; this Factor is liable for the perfor∣mance thereof, and to pay the fraight and all things accordingly. But if the ship be only fraighted outwards, and the Factor ladeth the same with some goods, then these goods are lyable for the fraight, and the Master can demaund nothing of the Factor by the charterpartie, but must looke to be paied by the partie that receiueth the goods, accor∣ding to the Bill of lading; whereby it is conditioned,* 1.293 that the fraight shall be paied vpon the receit of the said goods. And so is it also if a ship be fraighted to go to diuers parts, as it were bound from one place to another, and to be free in the last place of his discharge: for the Master must still haue an eye to be secured by goods, vnlesse there were an expresse Condition made in the charterpartie, to the contrarie, or that the ship were fraighted by the Great for a certaine summe of money to be paied by an agreement.

If a Factor do fraight a ship for another man, or for his owne ac∣count, and when it commeth to the place appointed to vnlade, there are no goods to relade the same, or there wanteth money for the la∣ding thereof; if the Master doe not stay out all his daies of demou∣rer agreed vpon by the charterpartie of fraightment,* 1.294 and make a pro∣test against the partie (that he was consigned vnto) to giue him his la∣ding within that time, but commeth away before that time be ex∣pired, and although he maketh a protest, for that he is not laden: yet the Factor is to pay him no fraight at all, vnlesse (for the fraight out∣wards) it were conditioned by the charterpartie. But if the Master do stay out his time, then the Factor is to answere the fraight, although the Master had laden his ship with Salt for his owne account: for if the said ship had bin laden only with Salt by the Merchant, which (it may be) would not pay halfe the fraight, yet the Factor or Merchant may at their pleasure abandon the same to the Master for his fraight,* 1.295 and the Master can demaund no more of the Factor by the charter∣partie. But if the Master do take in Salt, and ladeth his ship by his owne meanes, before the daies of demourer are expired, and that by some condition made with the Factor, he may claime fraight; then the Factor is to haue the benefit of the Salt in defalcation of the said fraight.

If a Factor do fraight a ship for a Merchant, and afterwards the said ship is taken to serue the king for some few daies, within the time agreed vpon for the lading; and hereupon the Merchant disclaimeth the fraighting of the said ship, albeit the Factor did proceede to lade

the same: In this case the Factor is not to beare any losse; but what damage shall be adiudged to the Master, the Merchant is to saue the Factor harmelesse of it.

If a Factor do hire a ship by the moneth for another Merchant, or for his owne account, and ladeth the same being readie to depart, af∣terwards the king maketh a generall Embargo or restraint vpon all ships for a time; the Master cannot demaund any fraight of the Fa∣ctor for and during the said time of arrest. And if the ship be vnladen againe, and employed in the kings seruice, the Factor is free of all agreements or couenants with the Master.

* 1.296If a Factor do receiue a summe of money of the owners of a ship, in consideration that he fraighteth the said ship for a voyage, promi∣sing to repay the said money at the returne of the said voyage: if the said Factor haue fraighted this ship for another mans account, this Merchant is to haue the benefit of this money during the time; and if the Factor conceale the same, he is to repaire the damage thereof, which is to be considered both for the interest, and aduenture of the seas, for the said owners beare the same: and it is supposed that the Merchant would haue assured so much the lesse, or (by imploying that money towards the lading of the ship) he should disburse to much money lesse to make the said voyage, and it may be thought, that in regard of that money, the fraight is made the greater, whereof the said owners of the ship haue had a consideration by disbursing the same.

* 1.297If a Factor be required to make assurance for a Merchant vpon a ship or goods laden for a certaine voyage, and haue moneys in his hands to pay for the Premio or the price of assurance; and this Factor doth neglect the same, and giueth no notice of it to the Merchant, who might haue made assurance in another place; and the said ship or goods do perish at the seas: this Factor is to answere the damage, vn∣lesse he can giue some sufficient reason for the non-performance of the said order or Commission.

* 1.298If a Factor hauing made assurance vpon goods laden, which after∣wards are taken by the enemie, maketh any composition with the as∣surers for the same, without order or Commission for it; he is to an∣swere the whole assurance to the Merchant. A Merchant caused a ship to be fraighted and laden with commodities for Constantinople by a Factor of London, himselfe dwelling at Antuerpe, and being a subiect to the king of Spaine in the late warres, caused 2000 ll to be assured at London vpon the said goods; the ship and goods was ta∣ken by the Gallies of Sicilia and brought to Palermo, where it was proued that the goods did appertaine to the King of Spaine his sub∣iects; but that there was 2000 ll assured at London by English Mer∣chants, (their enemies in those daies) pretending thereupon to take the said goods for forfeited, or so much of them as should amount to the summe so assured. Hereupon the Assurers (hauing intimation from the Factor of it) desired to make some composition to auoid

that danger, whereby the goods also might bee sooner cleered, and the possession obtained for the owner and proprietarie thereof, which was the Merchant of Antuerp, wherein expedition was required: The Factor (in regard of the said expedition) did not stay to receiue an answere from the Merchant what hee should doe, but maketh a composition with the assurors, for 60 pound for the hundreth pound, to be payed instantly. The goods were afterwards all reco∣uered, whereof so much as had beene assured, was formerly relin∣quished to the assurors, for the Merchant would not condescend to make any composition with the assurors: So that the Factor did beare the aduenture to lose 2000 ll, for some 1200 ll which hee had re∣ceiued, if the goods had not beene recouered; and therefore the said Factor tooke to himselfe the benefit of this composition, by the ad∣uice of the experienced Merchants.

If a Factor by errour of account doe wrong vnto a Merchant,* 1.299 hee is to amend and to make good the same, not onely for the principall, but also with the interest for the time. So on the contrarie, if a Factor for his owne wrong, haue forgotten to charge the Merchants account, with some parcells payed out for him, or made ouer by ex∣change; the Merchant is to answere for it with interest for the time. In these precedent obseruations, are comprised all other cases of dif∣ferences which may happen betweene Factors and Merchants.

CAHP. XVII. Of the beginning of Sea Lawes.

HAuing in the former Chapters methodically in∣treated (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 Pheni∣ciaus and Carthaginians, because Plinie doth ascribe the Art of Say∣ling

vnto them. But by the most ancient Records, the Beginning must be from the inhabitants of the Island of Rhodes,* 1.300 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 euer∣sion 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 Me∣diterranean 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,* 1.301 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 deter∣mined, and the said Lawes were afterwards dispersed and brought in vse in England and the Low Countries; whereupon diuers Sta∣tutes both in England and Scotland haue been enacted for Sea-faring businesse; and in like manner diuers ordinances in the Low Coun∣tries, 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,* 1.302 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 deci∣ded according to the Sea Lawes, which tooke their beginning from Customes and obseruati∣ons; 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 writ∣ten downe and authorised as a Law, then the same is to bee determi∣ned by the Iudge, with the opinion of men of experience and know∣ledge in the said Sea-faring causes. And herein is all conuenient ex∣pedition required, that the matter may be summarily and briefly de∣termined, especially in case of shipwracke; wherein delayes or pro∣tractions in Law, is a crueltie to vex such afflicted persons.

Therefore to preuent appellations, present execution and restitu∣tion 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;* 1.303 and to this end also it is permit∣ted 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 satis∣fie the sentence, Iudicio cisti & iudicatum solui.

If the defendant doe stand out, or commit a comtempt by not ap∣pearing 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 ad∣iudged to the plaintife. And if he doe appeare within the time, offe∣ring to pay the expences, and putting in caution to obey and per∣forme the definitiue sentence, he shall be admitted. But this caution

or suerties are lyable absolutely for all from the beginning, and can∣not be discharged, as a Baile may be at the common Law,* 1.304 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 pre∣sently to be discharged vpon suerties, and especially Marriners, be∣cause they shall not be hindered of their voyage; which he may doe with so much goods or the value thereof, as he hath within ship∣boord, 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 con∣tracts, 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 Mer∣chants. For whereas the Venetians had the trade for Spices and other commodities of the East Indies;* 1.305 the Por∣tugalls vpon the discouerie of those parts by Nauigation, did be∣reaue 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 Mer∣chants of other Nations and of their owne, to deliuer the same vp∣on a price agreed, vpon the arriuall of the Carrackes at Lix∣borne, 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 Indi∣co, 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 com∣modities are brought and sold againe.

Such are the contracts which the King of Spaine doth make with Merchants for the prouision of Corne for his townes in Africa vp∣on the coasts of Barbarie, as Ceuta, Mosegam, Tangere, and other places, the paiment whereof hath beene made againe by Pepper vp∣on some especiall contract, and the Merchants haue thereupon also made other contracts with Merchants of the Low-countries to de∣liuer 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 house∣hold 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 in∣uention; 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 me∣morie, made with Merchants of London, for the prouision of vi∣ctuals 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 ap∣parrell 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 com∣missions granted for that purpose to some great officers of the king∣dome, who haue thereby authoritie to contract for the same with Merchants or others.

Notariall contracts haue partly dependance vpon the same,* 1.306 for when those Merchants (which haue contracted with Kings or Prin∣ces) are to prouide sodenly those things which they haue contra∣cted for, or to dispose of the commodities which they haue bought or ingrossed into their hands: Then they deale with other Mer∣chants 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 like∣wise before Notaries, or Scriueners, because that things contra∣cted for may require time to effect them. As for example, a Mer∣chant aduenturer selleth vnto a Merchant of Middleborough two or three hundreth Clothes of knowne markes (whereby the good∣nesse is also knowne) at a certaine price, the packe of ten Clothes,

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 Mer∣chant 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 according∣ly: hereupon a contract is made in writing before a Notarie publick, and therein diuers conditions are to be specified and obserued.* 1.307 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 ac∣count 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 aduentu∣rer shall beare the aduenture of his Clothes, and deliuer them vp∣on his aduenture, charge, and daunger of the seas, with all casual∣ties, vnto the Middleborough Merchant within the towne or ware∣house 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 inci∣dent 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 aduen∣ture of it vpon him, for the consideration or allowance of double factoridge, or two vpon the hundreth. Fourthly, it is agreed be∣tweene them, that if the paiment of the commodities of the Middle∣borough Merchant be not made within the time of sixe moneths, according as the Clothes were sold; then the Merchant aduentu∣rer 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,* 1.308 which is not onely to

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 him∣selfe 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 like∣wise 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 con∣strained either by a Scriuener or with witnesses to offer vnto him the said commodities according to their contract:* 1.309 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 com∣modities should rise within that time, and you might sell them for a greater gaine, and by that time of the last day of your deli∣uerie they might be fallen againe in price, and you might haue proui∣ded 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.

* 1.310Verball contracts are made betweene partie and partie, or by meanes of Brokers or Mediators, and that onely by word with∣out writing. Such are the daily buying and selling of commodi∣ties 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, where∣by many variences are reconciled, and differences (like to fall out) are preuented.

* 1.311I 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 con∣tract 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 quar∣ters 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 la∣den 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 graun∣ted at that time, to make prouision against the Heretickes; For∣asmuch that the great Armada of the yeare 1588, had so much exhausted the treasure of Spaine. These two ships were met with∣all at sea by Captaine White (who was laden and bound for Bar∣barie) and brought into England by him, where the commodi∣ties were sold: but the Popes merchandise (being out of re∣quest) 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 vn∣to 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 in∣formation to be giuen against them, that they were infected, hauing

beene taken by Heretickes; it was alleaged that they were miracu∣lously saued, but lost they were and confiscated, and so couetous∣nesse was well rewarded. But returning to prooue this beneficiall Contract,* 1.312 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 In∣dies, 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 compu∣tation 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 Mer∣chants Contracts, which they haue distinguished to be Solemne, Pub∣like or Priuate, as in the Marginall notes is before declared, to the end all controuersies may bee auoided in the said Merchants Con∣tracts.

The Ciuilians writing, De Contractibus Mercatorum,* 1.313 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 per∣formed on both sides, which bindeth them better; so that if a Con∣tract be broken, whereby the one partie is damnified for the want of his money or goods not deliuered, whereby he can make no bene∣fit, 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 que∣stionable, as Fisher-men, Fowlers, and Hunters, which say they can∣not demand any losse for want of their owne, because (by their pro∣fessions) 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,* 1.314 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,* 1.315 for the non per∣formance 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 con∣tinuall

suit at their great charges: Then it tendeth to the interrup∣of 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 wit∣nesses be absent.

* 1.316The penalties or forfeitures vpon any Contract limited and expres∣sed, be it Nomine Poene or otherwise, are therefore much to bee consi∣dered 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 de∣fraud the other. Also it is approued, that they may sell their aduen∣ture to others, and the buyer is to take the account according to the Contract,* 1.317 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 accor∣dingly 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 ac∣counted any danger to trust a Societie, and to deliuer money for tra∣ding and where no damages or aduentures be borne, is vsurious, as shall be declared hereafter.

* 1.318To 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 deli∣uer this money may call for it againe; wherein most Ciuilians are of opinion, that the same cannot bee demanded before the yeare expi∣red, 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 deman∣ded 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▪

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,* 1.319 and where one parte∣ner 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 cauillati∣on. 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 mo∣ney for the performance thereof, are to be preferred before the limi∣tation 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,* 1.320 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 re∣corded, 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 In∣voice, and so the Spanish Merchant doth make him an offer of so ma∣ny Maluidies for euerie pounds Flemish, or Hamborough money,* 1.321 or for euerie Dollor or other coyne whereby the same was bought, ac∣cording 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

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 re∣ceiue any returne of the prouenue of the said goods or not, is a mat∣ter not materiall to the seller of the goods, for he beareth no aduen∣ture of bad Factors, euill pay-masters, or other accidents; but must be payed at the time agreed vpon, according to the ordinarie Cu∣stome thereof, vnlesse it were agreed that he should beare the aduen∣ture 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 cer∣taine quantitie of Cutcheneale, as the price shall be broken in Spaine vpon the arriuall of the maine Partida; this Merchant commonly ta∣keth 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 con∣sent 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 {per} 100. Now if the price of Cutche∣neale be high or low, the interest of his money formerly disbur∣sed (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 Por∣tugall, when they make Partidos with them to furnish them mo∣nyes in their occasions, by making them to pay exchanges and re∣changes 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,* 1.322 or else in readie money payable also at the re∣turne of the said West-Indies Fleet, albeit they doe not beare the ad∣uenture of the Siluer Bullion or Royalls of eight, rather admitting a clause, that if the treasure doe miscarrie they shall haue their mo∣nyes repayed within a certaine time and interest of 7 {per} 100, vn∣lesse it be they agree for the Pepper belonging to the King, for ma∣ny yeares to be taken at a reasonable price, they bearing the ad∣uenture of the Seas. As the Lords Foulkers of Germany did con∣tract in the yere 1592, with Philip the second King of Spaine, where∣by they became losers, by the taking of the great Carracke the Mo∣ther of God at the Seas, the next yeare following. Now because in the precedent Chapters, we haue spoken of a Banke, and the pay∣ment of Bankers: it will not be impertinent to intreat thereof, be∣fore any further proceeding, to the end this matter may be vnder∣stood 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,* 1.323 Common-wealth, or Prouince, as also of a particular Citie or Towne, into the hands of some persons licensed and established thereunto by publicke authori∣tie 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 vp∣on 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 vp∣on 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 Common∣wealth.

These Bankers, as they haue their Companies, Factors, or corres∣pondence in the chiefe places of trade in Europe, so must they also keepe account with euerie man, of whom they haue receiued any mo∣ney into their Banke, out of which number, no man of that iurisdicti∣on 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 Ban∣kers do giue them great credit; for if any man haue occasion to be∣stow 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 credi∣ted,

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,* 1.324 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; where∣upon they presently make Peter debtor for one thousand ducats, and Iohn creditor for the same summe: so that Peter hauing assigned vn∣to 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 cun∣ningly compasse by the course of the exchange for moneys, the eb∣bing 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 rea∣die 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 al∣waies 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 Exchan∣ges 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

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 assignati∣on, 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 Commo∣dum priuatum beareth the rule; for they can easily please men in par∣ticular, 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,* 1.325 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, suppo∣sed 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,* 1.326 for the which the said citie hath vndertaken to answere, whereby they are alwaies sto∣red 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 effe∣ctuall as any law.

Of the breaking of some of these Bankes,* 1.327 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 constrai∣ned to giue Facultad Reall, that is to say,* 1.328 A Power or Facultie Roy∣all, or a Protection vnto the Bankes of Madrill, and all their asso∣ciates 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 In∣terim 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 rea∣die money, and so accounted together with the interest due at seuen

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 Ca∣stile, Arragon, Portugall, and the Low-countries, as also in the king∣domes 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 ad∣uance our commerce or trafficke, and to fraight Ships for the purpose to transport ouer commo∣dities. No Ship should be fraighted without a Charterpartie, meaning a Charter or Couenant betweene two parties, the Master and the Mer∣chant: and the Bills of lading do declare what goods are laden,* 1.329 and bindeth the Master to deliuer them well conditioned to the place of discharge, according to the contents of the Charterpartie; bin∣ding himselfe, his ship, tackle, and furniture of it, for the perfor∣mance 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,

the third remaineth with the Merchant, for his testimony against the Master, if there were any occasion or loose dealing; but espe∣cially it is kept for to serue in case of losse, to recouer the va∣lue of the goods of the assurors that haue vndertaken to beare the aduenture with you, whereof wee shall intreat in the follow∣ing Chapters.

The persons that are in a Ship may bee thus in order, which al∣though 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 Chirur∣geon, 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,* 1.330 to find a sufficient Pilot, and all other the foresaid Officers and Marti∣ners, and to prouide Shiptycht, Masts, Sayles, Roapes, Tewes, An∣chors, 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 contai∣ned, according to the Law of Oleron; according to which Law,* 1.331 if there bee no writing made, and but an earnest giuen, then the Mer∣chant 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,* 1.332) but also shall re∣couer 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,* 1.333 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 af∣ter the time appointed. It is true, that the Rhodian Law char∣geth 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, especi∣ally 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 Ma∣sters fault, or that the Master or Ship bee arrested by some au∣thoritie of Magistrates in her way; the Master may either mend his Ship, or fraight another. But in case the Merchant agree not there∣unto, then the Master shall at least recouer his fraight, so farre as hee hath deserued it. For otherwise, except the Merchant con∣sent,

or necessitie constraine the Master to put the goods into an∣other Ship worse than his owne; the Master is heerein bound to all losses and damages, except that both the Ships perish that voy∣age, and that no fault nor fraud bee found in the Master.

* 1.334In 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 Charter∣partie, to take in their lading, and the Masters had Notariall pro∣tests 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,* 1.335 and that halfe was adiudged vnto the Master, and no more, hauing not tar∣ried 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 furni∣ture 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,* 1.336 but by the Masters owne purse: For if

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 happe∣ning thereby.

Item, if a Merchant put in more goods into a Ship than was con∣ditioned, 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 dam∣mages: For as Packes, Pipes, and all goods, should bee marked with the proper markes of the Merchant to whom they apper∣taine: 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 ma∣ny Merchants in fraighting a Ship together by the tunnage,* 1.337 where euery Merchant taketh vpon him to lade so many Tunnes in certaine∣ty: 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 fur∣ther couenant with the said Merchant, that his Ship shall be furnished with twelue able men and a boy, tenne pieces of yron Ordnance,

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 limi∣ted) the said Ship, with such and such commodities accordingly, pesterable wares or goods excepted,* 1.338 which are goods of great vo∣lume and cumbersome, whereof no true computation for tunnage can be made: so that the fraight of such kind of goods is made ac∣cordingly.

And the said Merchant doth further couenant to pay vnto the Ma∣ster, three pounds or more for the fraight of euery Tunne lading vp∣on 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 some∣times Pilotage, according to the accustomed manner in the like Voy∣ages, &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 be∣tweene them, which being well expressed, preuenteth all those and the like questions, which the Ciuilians doe discourse vpon, as the fol∣lowing may be for an instance.

Questions about Fraightings, and their Solutions.

If a Ship bee fraighted by the great, Posito two hundreth Tunnes for the summe of six hundreth pounds, to bee payed at the returne; the said summe of 600 ll is to bee payed, although the Ship were not of that burthen.

If the like Ship of 200 Tunnes be fraighted, and the summe is not (either by the Great, or Tunne) expressed; then such fraight as is accustomed to be payed in the like Voyages, is due, and ought to bee payed accordingly.

If the like Ship of 200 Tunnes bee fraighted by the Tunne, and full laden, according to their Charterpartie: then fraight is to bee payed for euery Tunne, otherwise but for so many Tunne as the la∣ding in the same was.

If the like Ship of two hundreth be fraighted, and named to be of that burthen in their couenant, and being fraighted by the Tunne, shall be found to bee lesse in bignesse, there is no more due to bee payed, than by the Tunne, for so many as the same did carry and brought in goods.

If the like ship be fraighted for two hundred tunnes or therabouts, this addition (or thereabouts) is within fiue tunnes commonly taken and vnderstood, as the moitie of the number ten, whereof the whole number is compounded.

If the like ship be fraighted by the great, and the burden of it is not expressed in the contract, yet the summe certaine agreed vpon is to be paied without any cauillation.

If fraight be agreed vpon for the commodities laden or to be la∣den, for a certaine price for euerie Packe, Barrell, Butt, and Pipe, &c. without any regard had to the burden of the ship, but to giue her the full lading: no man maketh doubt but that the same is to be per∣formed accordingly.

If the like ship, or any other (being fraighted by the great for a summe certaine) happen to be cast away, there is nothing due for fraight: but if the ship be fraighted by the tunne, or peeces of com∣modities laden and cast away and some saued, then is it made que∣stion••ble, whether any fraight be due for the goods saued pro rata, al∣beit there is none due at all: for the Assurors are not to bee abridged herein by any fraight.

Hence arise some other questions, Exempli gratia, Whether a Ma∣ster of a ship (hauing vndertaken to carrie ouer a familie, or certaine slaues, or cattell, and some of them dying in the voyage) shall haue any fraught for those persons or cattell which are dead? whereupon three considerations are incident.

1 If the contract was made for the whole familie, slaues, or cat∣tell, then the fraight or passage money is due, and to be paied for all.

2 If it be couenanted, that for euerie head or passenger, the ma∣ster shall haue a certaintie: then for the dead neuer comming to the destined place, there is nothing due.

3 If it do not appeare how the agreement was made, but that there is a certain summe agreed vpon; then that agreement being an entire thing, is to be performed, although some died: the reason is, because there was no fault in the master, and therefore the rule of Re integra remaineth good: and if a woman be carried ouer and be deli∣uered of a child in the voyage, yet there is nothing to be paied for the passage of the child which she carieth in her armes.

There is an ancient question, Whether a Master of a ship who pro∣mised to place another in his ship, and to expose him in a certaine place, can demaund any recompence for the same, he neuer hauing placed the partie there; but the partie came into the ship, and so went ouer: wherein they consider the difference betweene liuing crea∣tures and rational, or things dead and insensible: and diuers other rea∣sons which I omit, for it may well bee compared to the disputa∣tion de Lana Caprina, whether the haire of the Bucke be wooll or haire, which putteth me in mind of a prettie tale, which for varietie of theame, I here bestow vpon merrie conceited mariners.

The Poets (hauing made Caron to be the ferrie-man of hell,* 1.339 passing

ouer the soules of an infinite number of persons of diuers professi∣ons) faine, That on a time a Sophister was to be transported, who tooke exception at Carons Beard, and by a Sillogisme would proue him to be a Goat, framing his argument in this manner, A Goat hath a Beard which is neuer kembed, and you haue a Beard which is ne∣uer kembed, ergo you are a Goat: Caron answering, did wonder at his conclusion, and tooke vpon him to proue the Sophister to be an Asse, because that of a comparison he made an argument: for saieth he, if you had made a Sillogisme in this manner,* 1.340 That which is Haile is no Snow, Haile is white, ergo Snow is not white; then there had beene some shew of Reason. But tell me, what is an Asse? and the Sophister answered, It was a liuing creature without Reason, and be∣ing demaunded what Reason was, he said, It was to follow and vse the good, and to shun the euill: then Caron concluded vpon his owne words, and said, Your own words haue proued you an Asse, wanting Reason; for you had no Reason in the world, whereby you should be guided to follow the good, which is vertue, but you haue followed euil, which is vice, which made you to come hither to receiue the pu∣nishment of an Asse, which (being incident vnto most mariners com∣ming on shoare) I wish them to remember thankesgiuing to God.

And to conclude concerning Fraightments and Charterpa••ties, let vs obserue, that equitie in all things is to be considered, and es∣pecially in sea-fairing causes, and cauillations are to be auoided, as for example,

A Merchant fraighted a ship with all his furniture by the moneth, and putteth into her the Master and Mariners, and victualled the same at his charges, and maketh a charterpartie with the owner, promising to pay for the vse of the shippe and furniture twentie pound euerie moneth at her returne into the riuer of Thames, and so ladeth in her for the Straits,* 1.341 and to go from Port to Port in seuerall places with merchandise,: and after two yeares, or thereabouts, hauing ta∣ken her lading in Barbarie, commeth for London, and by storme and tempest the ship was cast away neere Douer, and the goods were sa∣ued; hereupon the Merchant denied to pay the fraight monethly to be reckoned, because the ship did not arriue in the riuer of Thames, according to the words in the charterpartie. Herein the owner was much wronged: for the money is due monethly, and the place is named onely to signifie the time when the money was due to be paied; for the ship deserueth wages like vnto a labourer, or like a mariner which serueth by the moneth, who is to be payed for the time he hath serued, although he dies before the voyage be ended, as we find daily that the East-Indies companie payeth to their wiues or friends, The labourer is worthie of his hire. The ship is not fraigh∣ted by the great, to run that aduenture, which is noted before, neither was she wanting her furniture of Cables, Anchors, Sailes, Ropes, or any thing whereby she was disabled to performe the voyage, and might be the cause of the casting away: for if it were so, then there

were great cause giuen to denie the payment of the fraight. Againe, where it was alleaged, that the said owner hath made assurance vpon the ship, for more than the same was worth, and did thereby recouer of the Assurors a benefit towards his losse, this did not concerne the Merchant, but the Assurors: and if the assurance were orderly made, the said Assurors haue paied the same duely, that is to say, If the pollicie or writing of assurance did declare, That the owner did value his ship in such a summe; whereof hereafter you may read in the proper place, intreating of the nature of Assurances. A Merchant valued one barrell of Saffroh at 1000 ll, hauing priuately put so much in Gold in the same, the Gold was taken, but the Saffron was deliuered, and the Assurors did pay for the Gold. And the like is for Pearles or other things so valued.

Item, when Coffers, Packes, or Pipes, and other marked commodi∣ties or goods are deliuered close packed or sealed, and afterwards shall be receiued open and loose, the master is to be charged for it, vntill a due triall, and that consideration thereof be had; he must al∣so answere for the harme which Rats do in the ship to any merchan∣dise for want of a Cat.

The Merchant on the other side, is to be bound by the said char∣terpartie to pay the fraight of the goods by him laden, either by the Last, Tunne, or by the Packe and Fardel, according to the agreement; accounting for a Last, Tunne, or other thing, after the rate of a Tunne lading, wherein pesterable wares which take a great deale of roome are excepted, and must be agreed for, and the goods laden are liable for the paiment of the fraight. The Merchant likewise doth coue∣nant to pay Pilotage, if a Pilot be vsed to bring the ship into the har∣bor; also primage, and petilodmanidge to the master for the vse of his Cables to discharge the goods,* 1.342 and to the mariners to charge and discharge them, which may be sixe pence or twelue pence for the Tunne lading, with some other clauses and agreements made be∣tweene the said Merchants and Master: wherein it is not a misse to li∣mit a good summe of money on either side to be paied for the per∣formance of the charterpartie, and to couenant the same by the said charterpartie, whereof I do here prescribe but one forme, considering the diuersities of conditi∣ons therein vsed, as the Merchant and Master can agree, which euery Scriuenor doth vsually make accordingly, as in this Chap∣ter is rehearsed. ({inverted ⁂})

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

* 1.343THe 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, al∣though it were in the danger of ship-wrecke.

* 1.344Such 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 wea∣ther is stormie, otherwise he shall answere the damages that com∣meth 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 co∣uering be wanting, especially for Corne, Victuall, and such like com∣modities.

He is also before his departure to deliuer the names of all the per∣sons 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 In∣uentorie of the goods of any persons which shall happen to depart

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 Ma∣ster, 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;* 1.345 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 da∣mages happens for non-payment of Custome,* 1.346 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 not∣withstanding 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 there∣by; except that hee who is hurt or lamed, haue prouoked the other by euident assault or stroakes.

And if a Mariner fall sicke, the Master shall cause him to bee laid in a house, with all sustentation necessarie and vsuall in the Ship; but shall not stay the Ship vntill hee bee healed: and when hee recouers

health shall giue him his hyre, or if hee dye shall giue it to the wife or neerest friends. But if a Mariner bee not hurt in the Ships seruice, the Master shall hyre another in his place who if hee haue a greater hyre, that Mariner then shall recouer the surplus. And alwayes the Master ought to lend his Mariners if they want. If through the Masters fault the Shipboat perish, with any Mariners in it, by spoyled Ropes or otherwise, then shall the Master pay one whole yeares hire to the heires of the drowned.

Item, he ought to giue his Mariners Flesh vpon Sunday, Tuesday, and Thursday, and vpon other dayes Fish or such like, with sufficient drinke; but no meat to them that sleepes not in the Ship. Neuerthe∣lesse the qualitie and quantitie of Mariners food and hires goeth di∣uersly, according to the diuers Customes of Countries, and the con∣ditions made with them at the entring of the voyage, whereof re∣membrance is to be kept to auoid discords, which are more dange∣rous 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 com∣manded 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 num∣ber 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 ac∣cused criminally and punished, as for a capitall crime.

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

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

Mariners in a strange Port, should not leaue the Ship without the Masters licence, or fastning her with foure ropes, or else the losse fals vpon them. They are also to attend the Ship vntill shee be dischar∣ged and ballasted new, and the Tackle taken downe. And if a Ma∣riner 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 re∣maine on shipboord, and the rest who goe on land should keepe so∣brietie 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 Mari∣ners 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 be∣fore 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 for∣feited,

yet the Mariners hire is to be payed, and if she prosper, to re∣ceiue 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, ac∣cording 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 suc∣cession of gouernement from Iulius Caesar, who was before the Birth of our Sauiour Christ, (borne vnder Augustus) and the first persecu∣tion of Christians was vnder Tiberius,* 1.347 and the second (more cruell) vnder Caligula, whom Clau∣dius did immediately succeed.

This Claudius did bring in this most laudable Custome of Assu∣rances, whereby the danger and aduenture of goods is diuided, re∣parted, and borne by many persons, consenting, and agreed vpon be∣tweene them, what part euerie man will be contented to assure, make good and pay if any losse or casualtie should happen to the goods ad∣uentured, 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 practi∣sed to be obserued through all the Sea-coast Townes of France, and yet was first vsed in England, and after vs imitated by the Antuerpi∣ans, and all other Nations there inhabiting when that Citie did flou∣rish. And whereas here in London,* 1.348 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

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 Pri∣or 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 sun∣drie 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 As∣sumpsit was accounted to be void in law.

The nature of Assurances.

THe nature of Assurances are either vpon goods laden or to be la∣den outwards in such a ship, bound from such a place to such a place. As for example, from London to Saint Lucar vpon Perpetu∣anoes or Corne, vntill it be laied on shoare at Siuill, which aduenture is as well in the small ships, lighters, or boats, whereby it is carried vp to the citie of Siuill vntill landing of it, as it was in the ship whereby the said Perpetuanoes or Corne was transported from London to Sain Lucar; and any damage either totally or in part, is to be answe∣red by the Assurors accordingly, and pro rata that euerie man hath subscribed in the policie or writing of Assurance, as by the said com∣missioners for Assurances shall be set downe.

Other Assurances are made vpon goods laden or to be laden home∣wards in such a ship vnder such a marke, the masters name, and any other circumstances wherby the said goods or commodities may be knowne to be the same that are assured; as laden, or to be laden, by such a man, in such a place, about such a time, &c. which if it be in any ship that was fraighted outwards, may be better specified, or if it be by letters of aduice, it may be described accordingly, which ad∣uenture may also run from the time that the said goods (posito oyles of Vtrera) were laden into any Vessell, Lighter, or Boat, to come downe the riuer to Sain Lucar to be laden in such a ship, or any ship (neither naming the ship nor master) vnto the citie of London,

and the said Oyles there laied on land. But to declare that the Pipes are marked with such a marke, to be laden by such a man, doth much strengthen the said Assurance, to auoid cauillations, doubts, or controuersies.

Other Assurances are made vpon goods laden in a ship for a cer∣taine place, which ship is fraighted going and comming; as for Tur∣kie, or any places in the Mediterranean seas, bound to go into se∣uerall ports to discharge part of the lading in one place, and the rest in another place; and then to lade againe homewards in such another place: and all this Assurance is one entire Assu∣rance, vntill the ship be returned home, and the goods safely re∣ceiued on land.

Other Assurances are made vpon goods to be sent or laden from one place to another, and vpon the returne of the prouenue thereof; as from Lixborne to Brasile, and backe againe to Lix∣borne; or from Saint Lucar to the West-Indies, Santo domingo, Perou, or any other places, and so backe againe; or from Por∣tugall to the East-Indies, and in like manner to Lixborne againe. All which Assurances are verie daungerous, because a man can∣not haue aduice when the voyages are performed; and it hath fallen out, that the Assurors haue borne two aduentures for one, the ship making two voyages vnknowne to the Assurors, dwelling in remote places.

Other Assurances are made vpon the Ship or Shippes Tackle, Furniture, and Keele of the Shippes, so called because all is to be bound to the Assurors, and likewise the Assurors are liable and bound to answere for the whole Ship, as also for Cables, An∣chors, and any Furniture, or part of the same, which is also dan∣gerous and much subiect to Aueridges and other casualties, espe∣cially if it be vpon a Shippe that cannot drinke of all waters, whereunto diuers men may lay claime; or for some act perpe∣trated by her in times past, whereby the same may bee called in question, which is the cause that the price of assurance vpon Ships is almost double.

Other Assurances are made vpon goods and merchandises sent by land from one place to another, by the Conductors or Carri∣ers to Venice, Frankford, or any other places, wherein the goods commonly are declared, and the marke also: and this manner of As∣surance is especially performed by the Conductors, who take for the charges a certaine allowance for euerie pound weight that the goods do weigh, and moreouer 2, 3, or 4 vpon the hundreth pounds in va∣lue that the said goods are esteemed to be worth: and he doth ap∣point a sufficient gard of souldiors to conuey the same by land and ri∣uers to the places intended, which neuerthelesse by a stronger power haue many times been taken by the Freebooters.

Other Assurances are made vpon the liues of men, for diuers re∣spects, some because their estate is meerely for terme of life, and if

they haue children or friends to leaue some part of their estate vnto, they value their life at so many hundreth pounds for one or more yeares, and cause that value to be assured at fiue, sixe, ten or more for euerie hundreth pounds, and if he do depart this life within that time, the Assurors pay the money; as it happened of late, that one being ingaged for sir Richard Martin Knight, Master of the Mint, caused 300 ll to bee assured vpon the life of the said sir Richard, being some 90 yeares of age, and therefore gaue twentie and fiue pro centum to the Assurors: The auncient knight dyed with∣in the yeare, and the said Assurors did pay the money. Also one master Kiddermaster hauing bought an office of the sixe Clerkes of the Chauncerie, and taken vp money of others, caused for their as∣surance for many yeares together 2000 ll to be assured vpon his life after foure and fiue in the hundreth, vntill he had paied that mo∣ney; which is verie commodious.

Likewise a traueller vndertaking a voiage to Ierusalem or Baby∣lon, deliuering out money payable at his returne, will prouidently assure a summe of money vpon his life, either to secure some men that do furnish him with money to performe his voyage, and to put forth the greater summe, or to leaue some meanes vnto his friends, if he should die and neuer returne. So that this office is most necessa∣rie in all humane actions, and men cannot inuent or imagine any thing, but the value of it may be assured, as you may iudge by the former examples. And herein must be noted, that Assurors are ve∣rie fitly compared vnto Orphanes, because they may endure much wrong, but cannot commit any; for they are to be ordered and com∣maunded by the Commissioners sentence, and must performe the same; to which end the Lord Maior of London (for the time being) hath authoritie to commit them to prison, if in case they do not sa∣tisfie the same within a time limited, vntill they do it.

Other Assurances are made, and these are the most dangerous of all, because they are made vpon ships and goods, lost or not lost; which is not onely in regard that a ship knowne to be departed, doth not arriue in many moneths after to the appointed place of dis∣charge: but also if any newes doe come that the ship and goods is cast away, neuerthelesse if the Assurance be made with the wordes (lost or not lost) the Assurors beare the aduenture of it, vn••esse it can be proued that the partie who caused the Assurance to be made, did see the ship when it was cast away, in this case it is a fraud: as the fraudulent dealing of him that had a rotten ship,* 1.349 and caused assurance to be made vpon her, and caused the same to perish or sinke at the seas, to make the Assurors to pay for his rotten ship which could not be sold by him.

In the case of Assurances of lost or not lost, I remember that in the yeare 1583, there was a rich Carracke called the Saint Peter, (comming from the East-Indies for Lixborne) missing a long time, and there was assurance made vpon her in Antuerpe, Roan, and other

places, at 30 pro centum. Within three yeares after, there came or did arriue at Lixborne a smaller ship richly laden, which was made of the other ship which was cast on shoare in a certaine Island, and thereupon certaine controuersies did arise betweene the owners of the goods and the Assurors, as also the master and mariners. At last it was adiudged at Lixborne by the sea-law, that the master and ma∣riners should haue one third part, and that the Assurors should come in for so much as they had pro rata assured, all charges deducted; the ship to be the owners of the former Carracke: with the like conside∣ration as aforesaid.

* 1.350Concerning the price of Assurances or Premio (as the Spaniards call it) it is differing in all places, according to the scituation of the place, and the times either of warre or peace, or daunger of Pirats, men of warre, or rockes, and vnaccessible places, seasons of the yeare and such like: and the said Premio was neuer lesse than at this time, for Assurances are made for Middleborough and Amsterdam at 3 pro cent. the like from London to Roan and Diepe, Edenborough in Scotland, and Hamborough in East-land: and from London to Bour∣deaux and Rochell, Lubecke, Denmarke, 4 vpon the hundreth: as also for Barbarie, for Lixborne, Biscay, Ireland, Dansicke, Riga, Re∣uell, and Sweaden, 5 in the hundreth: Siuill, Gibraltar, Maliga, and the Islands, 6 and 7: for Ligorne, Ciuita Vecchia, 8 and 9: Venice 10, Wardhouse 9, Russia 9, Santo domingo 11 and 12: and for the East-Indies 15; nay both for going and comming hath bin made at 20 pro centum.

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 afore∣said, and the dangers and aduentures whereunto the Assurors are subiect. But now we are to ex∣presse 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,

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 na∣tion 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 assu∣rance, 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 an∣swere the same to the Prince, albeit this was by the late Queene Eli∣zabeth contradicted in the point of honour, as it pleased her of a roy∣all 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 Coun∣cell 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 seue∣rall 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 be∣long 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 pre∣tence 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,* 1.351 especially with men of warre in times of hostilitie (as it is in times of peace by Pi∣rats, 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 assu∣rors 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

danger. So that if before she come into the Port or some safetie, ei∣ther shee or goods perish or bee spoyled,* 1.352 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 sa∣tisfie Pirats; for if ship or goods be redeemed from a Pirat, the con∣tribution must be made by all, because the redemption is made for the safetie of all.* 1.353 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 re∣mainder 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 as∣surors of that Ship contributarie, the ••aid assurors had beene much eased.* 1.354 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 re∣maining goods be spoyled, either with wet or otherwise, a contribu∣tion 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,* 1.355 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 as∣surors 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

goods remaining perish, after the Lighter is once safe, no contribu∣tion 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,* 1.356 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, con∣tribution 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 ri∣ding Ship doe put forth fire and light, or make any crying to fore∣warne 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, with∣out 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 ser∣ued, enioyes it fully without any contribution to the parteners;* 1.357 be∣cause 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 condi∣tion 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 contribu∣tion, it is vniust, for the reason aforesaid; and the Master must of ne∣cessitie deliuer to one man before another. And therefore in the next Chapter wee will set downe the manner of execution for con∣tributions, otherwise called Aueridges.

Concerning the danger and aduenture of Letters of Mart,* 1.358 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 extre∣mitie, 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

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 fa∣uours as they shew vnto vs, which are allowed to bee done by Cu∣stomes, Reasons, and also by Statute Law in Scotland, and after∣wards in England: The assurors therefore cannot bee fauoured herein.

* 1.359The next is Arrests, Restraints, and detainements of Kings and Prin∣ces, 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.

* 1.360There 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 Car∣rackes for the East-Indies; and many times vpon other occasions, whereby Merchants Ships being laden are much hindered, especial∣ly, 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 Po∣licie of assurance it is alwayes prouided, That in case of any misfor∣tune, it is lawfull for him,* 1.361 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 afore∣said, 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 intri∣cate and subiect to all cauilations, and to the interruption of so neces∣sarie and laudable a Custome, as the matter of assurance is. There∣fore, 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 occasi∣on wh••reupon they might become quarrelsome, but that all should

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,* 1.362 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,* 1.363 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 al∣so 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 there∣fore 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••y∣er. 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, accor∣ding 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 As∣surors 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 aduer∣tise 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: * 1.364 the said ship (being arriued at Lixborne) was laden with Sugars, Pepper, and other commodities to returne for London;

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 quali∣tie 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 no∣tice 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 resti∣tution 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 shil∣lings 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 as∣sured 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,* 1.365 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 Cu∣stome 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 As∣surors must acknowledge themselues to be satisfied of the Premium of Assurance, at the hands of the assured, or any other who doth vn∣dertake 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 poli∣cie of Assurance, in these words, I A. B. am content with this Assu∣rance (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 ma∣ster 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 Mer∣chant 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 ouer∣lope, or forbidden goods to be transported, shall be answered by Contribution? Sure if such goods happen to be the cause of any dan∣ger or damage, the master shall beare the losse, and also criminally be prosecuted. But if goods vnaduisedly (without consent of the ow∣ner) 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 Aue∣ridge, 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 ob∣serued, If they chance to be cast before halfe the voyage performed, then they are to be esteemed at the price they cost; if after, then at the price as the rest, or the like shall be sold at the place of discharge.

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

* 1.366Herein 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 sustai∣ned concerning the same.

If a ship or goods be taken from a professed enemie, it is to be pro∣ceeded 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 Abra∣ham 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 di∣uided betweene the takers, or according to the composition former∣ly 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. ({inverted ⁂})

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 circum∣stances of the things themselues, for the assurors benefit.

1 The first I haue touched in the Partie who causeth the assu∣rance 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 ac∣cidents.

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 go∣ing for East-land against Winter, will giue two in the hundreth more than in Summer. The like for Ships bound for seuerall Ports more subject to casualties, &c.

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

7 Not to assure for vnlawfull places of trade, or questionable betweene Princes, as Guinea and there about the West-Indies; vn∣lesse 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 pe∣rishable wares, or vpon other Staple commodities, as Clothes, Tin, Lead or Silkes, &c. not subiect so ordinarily to Aueridges and contri∣butions 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 mid∣dle 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, where∣of 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 in∣spection of the Bills of lading, if doubt be made of the Commis∣sioners 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 acquain∣tance of the persons. ({inverted ⁂})

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 assu∣red doth thinke conuenient, either for that hee hath almost assu∣red all the value of his goods, or that hee would haue the assi∣stance of the assurors, when there is hope of recouerie of any part thereof, or any other cause which may mooue him: then I say,* 1.367 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 con∣tributaries 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 accor∣dingly. 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 inten∣ded, 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 suf∣fer 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, wit∣nesses,

or any other euidences concerning the said losse, declaring the manner and place, the cause, with all circumstances, either by ex∣aminations in the said Office of Assurances, or in the Court of Ad∣miraltie, with all such other proofe as by letters and all other meanes hee can attaine vnto:* 1.368 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 In∣voice of the goods, the Factors Letter of lading, wherein the Bill was inclosed, or any other Letters made for the declaration and ma∣nifestation 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, con∣cerning 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.

An abridgement of Questions of Assurances.

1 WHether an assurance made vpon a Ship named, is to be vnderstood of the ship or of the goods laden there∣in, or vpon both?

Answere, When the name of the ship is expressed according to the said policie of Assurance made vpon the very Keele of the ship of such a burthen, there is no man endued with reason, that will attri∣bute this Assurance to extend to the goods laden in the same, much lesse to both, when the Ship is onely named and no goods at all.

2 Whether an Assurance made vpon one thousand Hides, laden in such a ship, from such a place, to such a place be good, without na∣ming the seuerall sorts of Hides laden therein?

A. In all policies of Assurances the words runne Generall vpon the principall wares, and all other commodities or goods laden, or to be laden by such a man, for the account of him or any other; and so this (Generall) includeth all particular things, which when assurance is made vpon them are named and specified, as heereafter is also declared.

3 Whether vpon vncertaine things to bee laden, the assurance bee good?

A. When assurances are made vpon goods laden, or to bee laden, as aforesaid; the said assurance must needes bee of validitie, for the word Goods and Merchandises comprehendeth all vncertaine things vendible: and if it were some particular thing, it is alwayes ex∣pressed.

4 Whether an assurance made vpon one Sacke of Wooll bee good, when there is many Sackes of Woolles in the same Ship?

A. The question is preuented by the Custome of Assurances, which is, that an assurance made vpon any particular goods, must bee declared by the particular marke of the goods belonging to such an owner, or any other; and if there be more of the said marke, the num∣ber therefore is added: and if the number were alike, the weight may distinguish the same; whereby the one Sack being throwne ouer boord for safegard of the ship and goods, may bee cast into a contri∣bution; or being taken by Pirats, the assurors are to pay for it: so this question is friuolous, as many other are, and breedeth but contenti∣on to imbibe Merchants braines with them.

5 The like is when the assurance is made vpon commodities or goods without name, or not naming the number, weight, or measure, but expressing the marke of all goods laden or to bee laden, as aforesaid.

6 Whether the assuror is to haue his Premio or Salarie, vpon a conditionall assurance, or not?

A. There is no conditionall assurance made, but with exception of some aduentures not to bee borne by the assuror; which are not comprized in the policie of assurance, and therefore the Premio is due to the assuror.

7 Whether an assurance made is to bee vnderstood of the first voyage which the ship doth make after the assurance is made, and the ship appointed for lading?

A. This is to be vnderstood alwayes of the first voyage, vnlesse there were a declaration of a second voyage in the policie of assu∣rance, and therefore I haue noted a caueat for assurors to bee carefull how they cause other men to assure for them in remote places, not to make them lyable to two voyages for one assurance, nor to be subiect to a second voyage when the first is performed, but to be vigilant in their actions.

8 Whether an assurance made for the tempest of the Seas, bee also to be vnderstood for Theeues or Robbers vpon the Seas?

A. The generall and ordinarie policie of assurance, containing all aduentures, sheweth, that the assuror is to beare the aduenture of both these; and if it were otherwise in particular, it must bee decla∣red: So that this distinction is vaine.

9 The like may be said to the question, Whether an assurance made by stipulation, be a contract or not? or whether it be couentio∣nall or conditionall? wherein this distinction is of no moment.

10 Whether an assuror (hauing payed the Merchant for goods

lost by him assured, may afterwards, if the goods were found againe or recouered) restore the goods to the Merchant, and call for his mo∣ney (which he paied) backe againe?

A. It appeareth plainely by all policies of Assurance, That the Assuror doth condescend that the Merchant shall haue full power and authoritie by himselfe or his Factors and Seruants, to sue for there∣couerie of the goods, and that the Assurors shall contribute to the charges pro rata of their summes by them assured respectiuely: but the Merchant is not therefore hindered to recouer the money of the Assurors, neither can one particular Assuror haue all the goods; for the Merchant relinquishing the goods to the Assuror, reserueth al∣waies his part therein which he hath not assured, which he detaineth in nature of an Assuror, so that the Assuror hath not conuenient meanes to performe the contents of the question; neuerthelesse, if the Merchant will, hee may buy the goods so recouered of the As∣surors, as they can agree; but then is the question altered, and not the same.

11 Whether an Assuror is to answere any hurt or damage done to the goods by Mice, Rats, or any other vermine, especially moaths?

A. By the policie of Assurance that Assuror is to answere for all damages, detriment, or hurt which shall happen to the goods after his vnderwriting: but if he can proue the hurt or damage was before done in the ware-house or other place, he is not bound to answere the same.

12 Whether goods lost in the ship boat, being vnladen out of the ship, or being to be laden into the ship, shall be answered by the As∣surors, or what may be laied to the charge of the Assurors by con∣tribution?

A. This question consisteth of two points: the answere to the first is plaine, according to the policies of Assurances, where it is specifi∣ed, that the aduenture shall begin vpon the goods laden in any Boat, Vessell, or Crayer to be laied aboard of such a Ship, or being dischar∣ged out of the Ship, the aduenture to continue till the goods be safe∣ly landed: but to the second, the answere is not so plaine, because it dependeth vpon the sea-law, and must be considered accordingly. For as we haue noted in the chapter of Contributions, if by occasion of lightening, the goods which are put into the Boat or Lighter perish, the ship and remaining goods in the ship shall answere for the same: but on the contrarie, if the ship and remaining goods perish after the Boat or Lighter is once safe, no contribution shall be on the goods in the Lighter; for the law is, That the goods shall onely be lyable to contributions, when ship and goods are safely arriued to their inten∣ded port of discharge: according to this rule is the Assuror to answer for contributions pro rata of the summe by him assured.

13 Whether assurance made for pirats, is to be vnderstood also for theeues which by night steale the goods from the ship?

A. The answere is so euident, that both the one and the other is

comprised in the Assurance, as there needeth no other explanation.

14 Whether an Assurance made at one time vpon goods to be bought and intended to be laden, and afterwards found not to be bought at the same time, but at another time, doth bind the Assurors to pay the losse?

A. This question is worthie the consideration, and doth meerely consist in the obseruation of time, & not in the buying of the goods, although it be so propounded; for the time maketh great difference in the assurance, as I haue noted before. Goods laden in the Summer are not in aduenture comparable to the Winter when stormes and tempests do arise, and therefore are not the Assurors to be made an∣swerable to this assurance; for the custome herein is cleere and con∣curring with the Law of Oleron, and therefore not comprised in the tenor of the policies of Assurances, which is the cause also that Assu∣rors are to haue a speciall regard to the Masters of ships whether they be vicious or diligent: for the loue of women and wine maketh them to loose the oportunitie of time; so that by contrarie windes their voyage is retarded, and which was to be made in Summer fal∣leth out to bee in Winter, subiect to eminent daungers and losses, whereunto the Assurors become liable, as is declared, whether it be by accident, misfortune, casualtie, rare successes and negligences of Masters and Mariners vnlooked for and happening in strange manner sodenly.

15 Whether an Assuror be liable to the aduenture of goods ship∣ped from one ship into another?

A. Sometimes in policies of Assurances it happeneth that vpon some especiall consideration, this clause forbidding the transferring of goods is inserted, because in time of hostilitie or warres betweene princes, it might fall out to be vnladen in such ships of those conten∣ding princes, whereby the aduenture would be farre greater. But according to the vsuall Assurances which are made generally with∣out any exception, the Assuror is liable thereunto: for it is vnder∣stood, that the Master of a ship without some good and accidentall cause, would not put the goods from one ship into another, but would deliuer them (according to the charterpartie) at the appointed place, which is the cause that (when assurance is made vpon some particular goods laden in such a ship, vnder such a marke) the Policie maketh mention of the goods laden to be transported and deliuered to such a place by the ship, or by any other ship or vessell vntill they bee safely landed, so that in all these and the like the condition maketh the law.

16 Now there is a question, Whether an Assuror is answereable to the assurance of goods to beare the aduenture if no goods were la∣den, or but part of the goods?

A. If a man do bind or oblige a thing to be found in such a place, and it is not found there; euerie man knoweth that the said thing tied to a locall place cannot be bound thereby, because it is a bodie

named without substance, and not in Rerum natura, and there would be vnderstood a priuation without being, and where there is not ma∣teria & forma, first, there can be no priuation: but if part of the goods were laden, then the Assurors are liable for so much as that part of goods did cost or amount vnto: albeit that in this (as I haue touched before) custome is preferred aboue law;* 1.369 for the ciuile law (if there be many Assurors in a ship vpon the goods laden therein) maketh all the Assurors liable pro rata, as they haue assured according to the said part of goods laden, if a losse do happen: or if there be cause to restore the Premio or sallarie of assurance in part. But the custome of Assu∣rances doth impose the losse vpon those Assurors which did first vn∣derwrite, and the later vnderwriters of the Assurors do not beare any part of the losse, but must make restitution of the Premio, and reserue onely one halfe vpon the hundreth pounds, or 10 ss for their vnder∣writing in the policie of Assurance, as is obserued. The Ciuillians therefore haue noted, That in Assurances the customes of the sea∣lawes, and vse amongst Merchants is chiefely to be regarded and ob∣serued.

In like manner, if a ship bound for a certaine port (being at sea) be driuen backe to the same from whence it departed, and by tempest be cast away, the Assurors are to aunswere the damage of the goods laden therein, for so much as they did assure, as they do in other casu∣alties. Assurors therefore are rightly exempted by the Diuines and Canonists to be no manner of waies vsurors, taking a benefit by con∣tract &c.

The matter of losse being well examined and made plaine, the Commissioners then with a mature deliberation do set downe their determination and sentence, That the Assurors shall pay euerie one the mony by him assured; and if thereupon any one do denie to make payment accordingly, then (vpon certificate to the Lord Maior of London, and some of the said Commissioners made of his refusall) they haue by act of Parliament (as aforesaid) authoritie to commit the said Assuror to prison, there to remaine vntill he doe pay or satisfie the said sentence or finall decree, which no man of any credit will incurre. And thus is this laudable custome established in Eng∣land: and beyond the seas they are compelled by the Magistrates to performe the like ordinances or sentences pronounced in the like ca∣ses of Assurances. ({inverted ⁂})

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 there∣unto; 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 rob∣ber 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 or∣daine, 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 there∣fore 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,* 1.370 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.* 1.371

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,* 1.372 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 bene∣fit hereof, as hee might haue done, but the said Queene had the same.

In like manner, a Deo dando or Deodant appertaineth to the Ad∣mirall, 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 coue∣nant 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 accusto∣med, 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,* 1.373 vpon their common charges and aduenture, before any of the parteners bee heard to sun∣der 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 char∣ges, 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 vn∣occupied. 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 where∣of 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 circumstan∣ces

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,* 1.374 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 notwith∣standing. 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 acti∣on 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 con∣tractors. Because herein they doe represent and vndertake the per∣son 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 pri∣uitie, 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 di∣rect the same: and the money so taken vp by the ma∣ster of the ship, is commonly done vpon great necessi∣tie, 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.* 1.375 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:* 1.376 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 com∣modities, and that the said commodities become forfeited for non∣paiment of Custome, the lender shall be cleere of any damage there∣by. It is also to be noted, That money lent at maritime interest with∣out 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 compa∣nie 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 daun∣ger with the rest: but if the time appointed were past with the perils

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 Mer∣chants 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.* 1.377 As for exam∣ple, They know that such a Merchant doth deale for Turkie, and that in knowne ships trafficking that way, the deliuerer of money go∣eth 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 know∣eth 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 smal∣ler 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 pati∣ence. Hereupon a contract is made, ten in the hundreth is accounted for the vse money,* 1.378 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 vn∣derstood, 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, Cen∣taureis, 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, apper∣taining 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,* 1.379 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 in∣dure 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 proui∣deth 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 ano∣ther ship; so is it alwaies belonging vnto the owners of the ship, al∣though 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

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,* 1.380 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 de∣maund the same, although no bulke be broken, which seemeth to be vnreasonable. A contract therefore taketh his strength from the par∣ties contracting, and the place where it is made, according to the cu∣stomes 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 im∣mobilia.

* 1.381Here the ship-wrights or builders of ships are an especiall sort of persons to be considered and respected, called by the Grecians Nau∣pegi, 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 dri∣ed 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 ene∣mies or barbarous people.

* 1.382From shipping let vs come to Nauigation: of the necessarinesse whereof no man euer doubted, and whose perills are alwaies emi∣nent; 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 pro∣hibited, as the Venetians do in the Adriaticke lake, and other Princes and Common-weales in their iurisdictions and commands, which

hath beene obserued time out of mind, and is taken for a most anci∣ent prescription.

If a ship bound for Venice, doe enter into the Riuer of Lixborne and there deliuer some goods or merchandises, and afterwardes en∣tring into the Straights of the Mediterranian Sea, be driuen by con∣trarie windes to some other place or Island in the said Seas, and then make after that his discharge at Venice:* 1.383 all this time of the voy∣age is but one Nauigation, and the Master of the ship hath commit∣ted 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 Mer∣chant: let vs in the next Chapters remember Nauigation, with the communitie of the Seas, and now make an abridgement of the Im∣periall 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 Im∣periall 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 fa∣mous 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,* 1.384 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 con∣clude 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.

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 voy∣age, 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 par∣ticulars, &c.

* 1.385The Master of a ship, which hath beene formerly for others at the Seas, shall not bee imployed by others, vnlesse hee produce a testi∣moniall that he is discharged from the Owners in decent manner, vp∣on 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.

* 1.386Euery 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 Mari∣ners accordingly, or in default thereof to bee punished for his pre∣sumption and vndertaking.

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

That hee bee on shipboord euery night, and vpon speciall occasi∣ons 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 abate∣ment, vnlesse it be for monyes lent them before, or cause to pay any thing to the Owners.

The wages due vnto Mariners for places neere at hand, are to be payed but by two payments, but for remote and long voyages in

three payments; one at the departure, another vpon the vnlading of the goods, and the third vpon the ending of the voyage, by equall portions in third.

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

If Mariners be vnruly and giue occasion to hinder the voyage any way, by their misbehauiour to be prooued by two other Mariners, the Master may set them on land, or cause them to be punished accor∣ding 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 punish∣ed accordingly.

If a Master doe conceale the offences of Mariners, hee shall for∣feit 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 consi∣deration; 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 per∣sons, 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 Har∣bour, 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.

* 1.387No 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 Ma∣ster, 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 ho∣nest 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 be∣fore 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 ex∣pences, 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, vp∣on paine to be imprisoned, and further to bee punished as cause shall require.

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

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

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

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

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

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

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

Neither shall the Mariners goe on shoare, when the ship is at

Anchor, without the masters leaue, vpon paine of halfe a Doller.

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

If a Boteswaine being absent, be the cause of some great harme or losse, he shall answere for it: and if he haue no means, he shall be then imprisoned one whole yeare with bread and water: and if by his de∣fault 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 pro∣fit is to bee made in another place: the mariners are to be content therewith, and to take content for their wages; wherein if they can∣not well agree, then the most antient are to conclude, or other indif∣ferent persons: and if any mariner be not so contented, and thereup∣on 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 aug∣mented.

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 recom∣pence for the sauing; and by default, to be punished by all meanes whatsoeuer.

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 pre∣serued, 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 know∣ledge 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 nau∣ticum.

* 1.388The Master of a ship hath no power to take vp money by Bottom∣marie 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 mo∣ney 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.

* 1.389When 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 satisfacti∣on by all other meanes.

If a ship at sea be in daunger, so as goods must be throwne ouer∣boord,* 1.390 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 Mer∣chant 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

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,* 1.391 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 neg∣ligence, and bringeth neuerthelesse the Merchants goods home, the Master is to haue his full fraight: but for the goods which he brin∣geth 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, ap∣parrel 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 su∣staine damage, vpon proofe made by oath not to be wilfully done,* 1.392 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 indiffe∣rent iudgement.

If by storme a ship breake loose and run vpon another, and inda∣mage 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 Mari∣ners are to be diligent to looke to their discharge,* 1.393 vpon paine of halfe wages.

No Master shall sell any of the ships victuals, vnlesse it were to pre∣uent some losse, and so bring the money to account, or vpon necessi∣tie 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.

* 1.394The Master is to deliuer instantly (vpon his discharge) a true ac∣count, &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.

* 1.395The 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 Au∣thor and Creator of all things, hath made of the wa∣ters and earth on perfect globe, for their more mutu∣all 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 coun∣trie, 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, whet∣by one Common-weale should liue with another; so that Trafficke betweene all people (hauing peace one with another) is free. And ac∣cording to the common right of mankind,* 1.396 ••ure Gentium, the Nauiga∣tion 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 Eli∣ments, two to swim aboue mans head; and two to lie vnder his feet, the Earth and the Water. Hence it proceedeth, that passage both vp∣on land and sea through all Christian regions, is and hath beene so in∣differently 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 experi∣ence doth proue.

Maruellous is that naturall propertie of the Magnes, called the

Loadstone, or Adamant stone,* 1.397 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 Hori∣zons 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 vn∣knowne. The most probable and best allowed, is the point Attrac∣tiue, 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 di∣uers others haue made triall of; howsoeuer, this Mathematicall rea∣son following, is worthy the consideration of a good iudgement.

As the Axis of the earth, notwithstanding all other motions, re∣maineth (as it were) immoueable; and yet in respect of the Spheri∣call forme of the earth in euery seuerall Horizon maketh a line Me∣ridionall, by reason of the Section made in the superficies of the Ho∣rizons, by Meridians, hauing all that Axis as their common Diame∣ter: So may it also come to passe of the line of the needle, and his variation, the needle being alwaies permanent in one plaine superfi∣cies, according to the seuerall Section of the plaine wherein it re∣steth, 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 sub∣stance 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 ballan∣cing 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 Meri∣dian 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 be∣tweene

the Meridian line, and the common Section of the Magneti∣call 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 pro∣poned, 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 Horo∣logicall, wherein euery man at his pleasure may iudge with vnder∣standing, if hee haue tasted but of the first principles of the Mathe∣matikes or Cosmography. And hauing made mention of the At∣tractiue 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,* 1.398 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 imagina∣tion 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 per∣fect 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 naui∣gated 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 im∣perfection, 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 other∣wayes than if they were vpon it, thereby losing the benefit of pro∣sperous windes, in sch sort sometimes, that whereas keeping a true

course, they might haue beene quietly at road, they are by contra∣rie 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 run∣ning 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 ma∣keth her course in a great Circle East or West shee describeth a pa∣rallel, 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,* 1.399 and conferred with some such third Angle of a Curue line, euery degrees sayling or thereabouts, will shorten their course of sayling, that (with like wind and weather) they shall performe that in twentie foure houres, wherein they spend aboue three or foure dayes, and many times the voyage is thereby lost and ouerthrowne. As I made Sir Francis Drake Knight to take notice of, in the yeare 1587, and after that more sensibly to Sir Walter Rawleigh Knight.

CHAP. XXXV. Of the distinct Dominions of the Seas.

PLato the Philosopher, perceiuing that Equalitie would be the cause that euerie man should haue enough, was of opinion, and willed all things in a Common-wealth to bee common; whom Sir Thomas Moore in his Vtopian Common∣weale seemeth to imitate, to the end that an in∣finite 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 after∣wards that this Equalitie could not bee established, and that many

other inconueniences should arise thereby, he did wisely reuoke the same in his second Common-wealth.* 1.400 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.* 1.401 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 pla∣ces 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 commo∣dities 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,* 1.402 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 mensura∣tion 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 Mediter∣raneum, obserued by Cosmographers, Historiographers, and Mathe∣maticians: this is performed with the helpe of the Compasse, coun∣ting of courses, soundings, colour of the grauell or sands, and other wayes to designe Finitum ab' i••finito:* 1.403 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 re∣corded excellent obseruations.* 1.404 Baldus saith, Vidimus de iure gentium, in Mare esse Regna distincta, sicut in terra Auda.

* 1.405Bartolas 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,* 1.406 or where there are such rockes or eminent marks

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 ap∣parant 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 argu∣ments: yet let vs note obiter, That if the same were not distinguished as aforesaid,* 1.407 one borne vpon the seas should haue no countrie or na∣tion 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 Iurisdicti∣on: 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 Common∣weales, as the fundamentall cause of their dominion, wherein dis∣continuance (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 sur∣uay yearely of the foure great seas,* 1.408 and stiled himselfe lord there∣of euen vntill Norway,* 1.409 and his progresse was most towards the North. It is also affirmed,* 1.410 That the said King Edgar caused an in∣scription to be made vpon his Tombe for a monument, calling him∣selfe Dominus quatuor Marea: and as Papinian the Iurisconsult saieth, In finalibus questionibus vete ra monumenta sequenda sunt.* 1.411 But this for the dominion of the Kings of England ouer their seas,* 1.412 is not need∣full. For afterwards William Duke of Normandie, after he had sub∣du••d the realme of England by conquest,* 1.413 caused himselfe not onely to be proclaimed King,* 1.414 but also that all the goods of the subiects were his, and so caused the land to be diuided, and yet was conten∣ted to change the title of a Monarchie by conquest into a Monarchie Royall, and was also Lord of the said foure seas,* 1.415 by the former as∣sumpsit, which had then continued 200 yeares; and his progresse by sea was most Westward. For when Princes or Kings do stile them∣selues by proclamation, then the continuance thereof (without op∣position of other princes) is holden and obserued as inuiolable and permanent.

Now King Henrie the second succeeding William the Conqueror,* 1.416 within one hundreth yeares, did ioine Ireland to the crowne of Eng∣land,

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 Norman∣die prisoner.

In the time of King Edward the third,* 1.417 there was a disputation held with France, concerning the fishing of the seas about Brittaine: in which it was proued to belong to England,* 1.418 and thereupon Fraunce disclaimed therein,* 1.419 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,* 1.420 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 Trea∣tie of Peace betweene Edward the third, king of England, and Iohn king of France, for themselues and their eldest sonnes, namely Ed∣ward 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 Brita∣nie 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.* 1.421 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 thou∣sand 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 seue∣rall 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 remai∣neth 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 con∣quere all France, and had the possession of Mare Britanicum, lost no∣thing of his right; no more did Henrie the sixth, and King Henrie

the seuenth, as may appeare by their Proclamations, Treaties,* 1.422 and Contracts not onely with the French, but with the Archdukes of Burgondie, as by Guicchardins Chronicle,* 1.423 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 do∣minions) had resolued to settle a trade thereupon, which he prefer∣red aboue all voyages; for in those daies, there was no fishing trade established in the Low-countries.* 1.424 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 English∣men 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 vni∣ted) 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 cer∣taine fine, and paying one thousand pound yearely into the Treasurie of Ireland, and Edward Fitton knight then Treasurer. And the Com∣panie of the old Haunce in primo of the said Queene Marie had also libertie to sish within the said seas, vpon certaine conditions, as ap∣peareth in the Chappell of the Rolls of the Chancerie. And for Eng∣land Northwards, licences were giuen at Scarborough Castle.

To this distinction of dominion of the Seas,* 1.425 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 Empe∣rors Tent or Pauillion was made with the two pillars of Hercules, and the inscription Plus vltra: and likewise the French Kings Tent with the three Flower deluces, and the title of Primus Christianorum Rex, He caused an Archer to be made vpon his Pauillion with Bow and Arrowes, and his inscription was Cui adherio praeest, declaring

thereby his present strength whereby hee did qualifie those warres, and peace was made between the Emperor and the said French King, it being true that the state of a Prince doth as much consist by reputa∣tion, 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 crea∣tures in places certaine, within his Maiesties Seas, Streames and Do∣minions, 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:* 1.426 and the like Graunts haue beene made for the Isles of Garnesey and Iarnesey, according to the Common Law of Eng∣land,* 1.427 which (in this point concerning his Maiesties right of domini∣on) 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 fish∣ing, which being compendious and substantiall, I thought conuenient here to be inserted Verbatim.

IAMES, By the Grace of God, King of Great Brittaine, France, and Ire∣land, Defendor of the Faith, &c. To all and singular persons to whom it may appert••ine, greeting. Although We doe sufficiently know, by Our experience in the Office of Regall dignitie (in which by the fauour of Almightie God, Wee haue beene placed and exercised these many yeares) as also by obseruation which Wee haue made of other Christian Princes exemplarie actions, how far the absolutenesse of Our Soueraigne Power extendeth it selfe. And that in re∣gard thereof Wee need not to yeeld account to any person vnder God, for any action of Ours which is lawfully grounded vpon that iust Prerogatiue: Yet such hath euer beene, and shall be Our care and desire to giue satisfaction to Our neighbour Princes and friends, in any action which may haue the least relation to their Subiects and Estates: as We haue thought good (by way of friendly Praemonition) to declare vnto them all, and to whomsoeuer it may appertaine, as followeth.

Whereas, Wee haue beene contented, since Our comming to the Crowne, to

tollerate an indifferent and promiscuous kind of libertie to all Our friends whatsoeuer to fish vpon Our Streames, and vpon any of Our Coasts of Great Brittaine, Ireland, and other adiac••••t Islands, so farre forth as the permission or vse thereof might not redound to the impeachment of Our Prerogatiue Royall, nor to the hurt and damage of Our louing Subiects, whose preseruation and flou∣rishing estate We hold Our selues principally bound to aduance before all world∣ly respects: so finding that Our coniuence therein, hath not onely giuen occasion of ouer great encroachments vpon Our Regalities, or rather questioning of Our right; but hath been a meanes of much daily wrongs to Our own people that exer∣cise the trade of fishing, as (either by the multitude of strangers which doe pre∣occupie those places, or by the iniuries which they receiue most commonly at their hands) Our Subiects are constrained to abandon their fishing, or at the least become so discouraged in the same, as they hold it better for them to betake them∣selues to some other course of liuing. Whereby not onely diuers of Our Coasts Townes are much decayed, but the number of Marriners daily diminished; which is a matter of great consequence to Our estate, considering how much the strength thereof consisteth in the power of Shipping, and the vse of Naui∣gation. Wee haue thought it now, both iust and necessarie (in respect that Wee are now by Gods fauour, lineally and lawfully possessed, as well of the Island of Great Brittaine, as of Ireland, and the rest of the Isles adiacent) to bethinke Our selues of good and lawfull meanes to preuent those inconueniences and ma∣ny others depending vpon the same. In the consideration whereof, as Wee are desirous that the world may take notice, that Wee haue no intention to deny Our neighbours and allies, those fruits and benefits of peace and friendship which may be iustly expected at Our hands in honour and reason, or are affoorded by other Princes mutually in the point of Commerce and Exchange of those things which may not prooue preiudiciall to them: So because some such conuenient order may be taken in this matter, as may sufficiently prouide for all these im∣portant considerations which doe depend thereupon: Wee haue resolued, first, to giue notice to all the world, That Our expresse pleasure is, that from the begin∣ning of the moneth of August next comming, no person of what Nation or qualitie soeuer, being not Our naturall borne Subiect, be permitted to fish vpon any of Our Coasts and Seas of Great Brittaine, Ireland, and the rest of the Isles adiacent (where most vsually heretofore any fishing hath beene) vntill they haue orderly demanded and obtained licences from Vs, or such Our Commissio∣ners as Wee haue authorised in that behalfe, viz. at London, for Our Realmes of England and Ireland, and at Edenborough for Our Realme of Scotland. Which licences Our intention is, shall be yearely demanded, for so many Vessells and Ships, and the Tunnage thereof, as shall intend to fish for that whole yeare, or any part thereof, vpon any of Our Coasts and Seas, as aforesaid, vpon paine of such chastisement, as shall be fit to be inflicted vpon such wilfull offenders.

Giuen at our Palace of Westminster the sixth of May, in the se∣uenth yeare of Our Raigne of Great Brittaine, France and Ireland. Anno Dom. 1609.

By this Proclamation, is his Maiesties Right and Dominion of the Seas, expressed in two words, by Lineall and Lawfull possession of an

hereditarie Kingdome or Kingdomes, whereunto those Seas are ioy∣ned and appertaining.

It is not a Dominion obtained by an electiue Kingdome, as Po∣land, 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: Nei∣ther is it like to the Whale fishing in Greeneland, where some vpon their discouerie tooke neither possession, much lesse had any occupa∣tion, which maketh the stronger right: Neither is it by gift or pur∣chase, as some Italian Princes in the Mediterranean Seas, which doe neuerthelesse inioy both freedome and benefit thereby; but it is vn∣doubted and indisputable as aforesaid.

To conclude this Argument,* 1.428 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 sub∣iects 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 conti∣nued 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 Ma∣nors 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 con∣tinually 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 Mer∣chants 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,* 1.429 Accizes, Imposts and other duties, by the ex∣emplarie actions of Princes and Common∣weales, are due by the Law of Nations; as a matter inherent to their Prerogatiues, because they are absolute Commanders in their Har∣bours, 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,* 1.430 the Custome and Ordinances is; if a Merchant doe not declare all his commodities, which he im∣porteth or exporteth, but concealeth some part of them; all the com∣modities 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 com∣modities 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 com∣position; 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 wich∣all, by the Iudges or Barons of the Kings Exchequer,* 1.431 or others there∣unto authorised: Insomuch that it hath happened that some Mer∣chants

relying vpon this fauourable dealing, haue aduentured to ex∣pose their commodities vnto the forfeiture thereof, being commo∣dities 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 composi∣tion vnder the summe which they were to pay for Custome and Im∣position.

In France and Germany is the like for concealed commodities, which are not declared in the Custome-house; and Iewels, and pre∣cious 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 ap∣praisement,* 1.432 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 a∣greed withall. And no commodities can bee deliuered vpon se∣curitie to the owner, as formerly by the Law was accustomed to be done; but they must remaine in some sufficient custodie vn∣till the matter bee tried by Law, or compounded by agreement. But prohibited commodities (as Allome and other things) by Let∣ters Patents and Proclamation, the possession may be had, vpon se∣curitie to bee giuen to answere the value thereof, according to the appraisement made of them. And these commodities (if the Ma∣ster of the ship doe not declare them, vpon his entrie made in the Cu∣stome-house, vpon his oath) are also subiect to the forfeiture, al∣though 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 va∣lue, 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 Cer∣tificate, that it is the same commoditie, and that the propertie

thereof is not altered; and this must be done within sixe moneths af∣ter their importation.

All Merchants ships being laden,* 1.433 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 certaine∣tie of Merchants Custome ought to be seriously obserued, better than it hath beene of late. And of this and other obseruations Mer∣chants and Factors are to giue notice to their friends and Masters, to the end they do not incur any danger,* 1.434 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 Mer∣chant 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 ex∣ceeding 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 hun∣dreth, or else all the Buts and Pipes are to be filled vp,* 1.435 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,* 1.436 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 Ker∣sies, two single Dozens, one double Dozen, six Cardinals, Pin∣whites, 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, waigh∣ing 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

together 14 ss 6 d a Cloth, besides the ouerlength of 3 d ¼ the yard;* 1.437 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 Mer∣chant 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,* 1.438 and so the Custome is payed. There ought good allowance to be made for the said Tarra, because ma∣ny 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.

* 1.439The 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.

* 1.440The Subsidie or Poundage is payed by all Merchants of what na∣tion 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.

* 1.441The new Imposition established in the yeare 1608 is also 12 d vpon all commodities imported, and vpon some commodities ex∣ported 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 Mer∣chants is ten vpon the hundreth.

* 1.442The 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 commo∣dities, 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.* 1.443 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.

The Great Imposts demanded in the yere 1604 by Philip the third King of Spaine (of 30 vpon the 100) of French, English,* 1.444 and Flanders commodities, was soone abolished, when the French king Henry the 4 did the like; for one extreame enforcing another is of small con∣tinuance.

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 mat∣ter of Assurances is comprised: it may not be thought impertinent to handle this subiect brief∣ly and diuidedly from Merchants Assurances, al∣readie 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,* 1.445 and Marc Anthonie, for the great expences of a supper, by dissoluing the Paragon Pearle, and drinking the same, as Plinie reporteth, when Lu∣cius Plancus was made judge of that Wager, and pronounced that An∣thonie had lost.

That of Cecinna, whereof Cicero maketh mention for the recouerie of his grounds taken from him in hostile maner by Eubusius, and re∣stored 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 innu∣merable examples.

Hereupon they conclude, That all Wagers laid must be for honest

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,* 1.446 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,* 1.447 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 ene∣mie, is neither ciuile nor naturall in the vnderstanding of well dis∣posed 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 prohibi∣ted 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 vnlaw∣full 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 ar∣riue 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 Lix∣borne, and a certaine summe of money promised thereupon: it fal∣leth 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 mascu∣line or feminine.

* 1.448And in all Wagers wherein ambiguitie or equiuocation doth hap∣pen, 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 Wa∣ger that such a woman shall be deliuered of a sonne, when she was al∣readie deliuered, the Wager is not to be allowed, and if the Mid∣wiues 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

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 wa∣gers 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 mer∣chandises 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 pre∣seruation 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.* 1.449 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 Mer∣chants; whereof the Ciuile Law and the Law of Admiraltie ta∣keth 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,

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,* 1.450 as farre as they in reason may require, otherwise the said goods may bee lost as soone as ta∣ken. 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 ob∣seruation.

In the yeare 1586 or thereabouts, Robert Lord Dudley Earle of Leicester was an Aduenturer for Barbary, where hee sent some com∣modities 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,* 1.451 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 Barba∣rie. 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, accor∣ding as the Master thereof was bound by a Charterpartie of fraight∣ment, and in both places to take in all such commodities and mer∣chandises as the Merchant should lade or cause the said ship to be la∣den withal, and to be discharged at Venice with the vsuall conditions of Sea-lawes.* 1.452 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 la∣ding and their Letters accordingly; other Portugals were not so pro∣uident,

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 ar∣riued at Plimmouth, sent vp to know the Lords of the Councell their pleasure. So the matter came in question with the said Bassa∣donna, and was referred to the Iudge of the Admiraltie, and diuers Ciuilians, where the matter of the Flag was much respected in re∣gard of the Seignorie of Venice, as matter of State; and the princi∣pall 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 suffici∣ent to end the same. And moreouer it is many times a cause that Factors and Seruants deale more faithfully for their Masters in buy∣ing or selling of all commodities, or in monyes by exchange, know∣ing 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 albe∣it that the common saying is, That a craftie Merchant needeth no Broker: yet it may much concerne the Common-wealth, when too much

hunting after forraine commodities may increase the price of them, and offering our home commodities to sale,* 1.453 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, consi∣sting 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 Mer∣chants 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 Mer∣chant: 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 Mer∣chant 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 {per} 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 res∣counter and assignation, after the manner of Bankers: For the com∣modities sold in one Mart, are commonly payable the next Mart, being betweene fiue and sixe moneths time one after another; where∣in 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.

* 1.454The 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 Fri∣dayes in accustomed places by publike authoritie, for the better war∣rant of the Buyer, the manner of it is thus: There is a waxen Can∣dle 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

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 de∣termined 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 pay∣ments 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 rea∣die 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, ei∣ther to refuse or take vpon a penaltie; or some∣times 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 commodi∣ous 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

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 mo∣neth or two to be aduised according to the occasions and probabili∣ties 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, Ar∣thois, 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. ({inverted ⁂})

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 commodi∣tie 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 mea∣suring by strawes. To these weake stomakes thus troubled with a Nausea, I would not minister any Cordials, Electuaries, or Poti∣ons 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 felici∣tie, 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 visi∣ble

and sensible apparitions, caused all Oracles to be in greater vene∣ration: as that of Dodona, where Iupiter answered, striking the Cal∣drons 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 re∣maine 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 ex∣amples in the holie Scripture.

* 1.455The 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 eue∣rie 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.

* 1.456The 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 ene∣mies, by remouing the offence of the interdict or forbidden goods,* 1.457 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.

* 1.458The 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.

* 1.459What 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;* 1.460 but the successe thereof is according to the prouidence of God: which caused him to speake so often of Lots in his Pro∣uerbes.

* 1.461The Grecians did make election of their officers by the drawing of Lots, which they called Ostracisme; according to which the Vene∣tians in their rare gouernment of Aristocracie, do at this day vse the like by their Ballotting; and so do the Russians in their gouernment

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 apper∣taining 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 pub∣like Shops and Stales, where diuers sorts of manufactures are expo∣sed 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,* 1.462 which is painted with blind Fortune sitting in the middle part of the Tree, and all manner of men, women, and chil∣dren, standing or lying ouer the said Tree, doe receiue somewhat fal∣ling 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 there∣in, 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 gathe∣ring 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 mo∣neys: 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.

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 aduen∣turer in the said Lotaries: and all these Bills of names being exami∣ned by the Magistrates or Commissioners, with the Bookes of Col∣lection 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 Pri∣zes, with the like suruay of Sworne-men, are put into the like close Basket, after examination of the Prizes registred in the said Ta∣ble, which being all of one fashion and bignesse, are publikely vpon a Stage mixt, tossed, and tumbled in certaines sheets of Canuas, be∣fore 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, with∣out stirring of the Baskets.) Othersome doe herein obserue cer∣taine houres daily, and vpon euerie discontinuance, they seale the said Baskets vnder two or three Seales from time to time, procla∣ming all Prizes by the sound of the Trumpet, and stringing some blew papers in the Files made of the Blankes and names: and the Pri∣zes euerie day drawne, are the next day to bee seene in print, with the assistance of Officers appointed to see good orders obserued in keep∣ing the Peace, vpon all occasions of fallings out, which might hap∣pen 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 coun∣terfeiting of euill disposed persons or officers, which are hereby easi∣ly 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 Lota∣ries to be without fraud.* 1.463 And here I may not conceale a great fraud committed in Standing Lotaries, when not only the Prizes are ouer∣valued, 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 ad∣uantage, 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

as he hath with them contriued to bring about,* 1.464 or as he hath vnder∣taken 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 Lota∣ries incurreth lesse danger, than Merchants doe in the course of Trade, especially in Assurances, when they doe aduenture one hun∣dreth pounds for three or foure pounds from London to Barbarie, whereas for one Lot of twelue pence, he hath a possibilitie to haue al∣lotted vnto him two or three hundreth pounds.

Lotaries are commendable,* 1.465 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 or∣phanes, 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, sup∣pressing 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, De∣stinie, 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 Di∣uine Prouidence: And hence ariseth the Prouerbe, Nemo sua sorte contentus viuit. ({inverted ⁂})

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

ASsociations are twofold, the one is done by pub∣like authoritie of Princes or States, vpon Graunts made by Letters Patents, which are properly called Societies; as the Companie of Merchant Aduenturers,* 1.466 which are of 400 yeares standing or thereabouts, reckoning from the yeare 1248; when the said Merchants ob∣tained priuiledges of Iohn Duke of Brabant, and were called the Brotherhood of Saint Thomas Becket of Cantur∣burie, which were confirmed by King Edward the third, Henry the fourth, Henrie the fifth, Edward the fourth, Henrie the sixth, Ri∣chard 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; be∣ing 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.

* 1.467The East-India Merchants are also a Societie, but their aduen∣turers 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.

The other Association is done by and betweene Merchants of their owne authoritie,* 1.468 ioyning themselues together for to deale and trade either for yeares or voyages; and this is properly called Part∣nership, 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 them∣selues, 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 obser∣ued 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 busi∣nesses with breuitie and expedition.

There is another branch of this maner of partnership,* 1.469 which com∣meth 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, espe∣cially when they vse many Factors. One Merchant sendeth commo∣dities 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 cre∣dit of a friend of his, that so much money shall be taken vp by ex∣change for Antuerpe or London, as shall be needfull for his part: an∣other 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 buy∣eth the said parcell of Tabacco (amounting to some twelue thousand ducats) and conditioned to pay a good part of it at six or more mo∣neths. 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 Ta∣bacco 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

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 los∣ses 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 mo∣ney 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 par∣tie deceased and them and others. The partie deceased (being decai∣ed) 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 suffi∣cient 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 con∣tracts, 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.

Description of Monopolies.

MOnopolies are somewhat displeasing, because the propertie of them is commonly to ingrosse things to an ill end, increasing the price therof disorderly, drawing a general benefit to a particular, di∣uerting the course of traffick: but for as much as they are vsed now a

daies, it will be conuenient to distinguish them by Reasonable, Vnreaso∣nable, and Indifferent.

Reasonable, of such things and trifles as are for pleasure, as Starch, Cards, Lute-strings, Tabacco, and such like.

Vnreasonable, as of Flesh, Fish, Butter, Cheese, or needfull things for the sustenance of man, without which he can hardly liue ciuilly.

Indifferent, as of Veluets, Silkes, Sugar, Spices, and other delicacies and dainties or curiosities, indifferent to be vsed or not.

All these are done by publicke authoritie of Princes and States, by Letters Patents granted for terme of yeares:* 1.470 but Engrossing is done by priuate persons of their owne authoritie, which is commendable, to keepe commodities in reputation to maintaine a trade thereby: as when men of meanes do engrosse and buy vp a commoditie, and for reasonable gaine they sell the same againe to shop-keepers and re∣tailers; this is much vsed amongst Merchants of all nations: other∣wise when aboundance of a commoditie doth so much abate the price of it, that Merchants do become losers and discouraged, then the trafficke and trade is thereby ouerthrowne, to the generall hurt of the common-wealth. In which respect it is better to pay some∣what more for commodities, than to haue them altogether ouer cheape, especially for commodities seruing for the backe,* 1.471 and not for the bellie, which diuers times by Forestallers become deere. Against which kind of people (Regrators and others) there are verie good lawes made, which the magistrates are to see obserued: and in France and Scotland, the Admirals of the seas haue an absolute au∣thoritie to looke vnto this inconuenience.

The gouernment of Norenborough in Germanie is much to bee commended, not only for the prouident care to preuent Forestallers,* 1.472 but also for the engrossing or incorporating of all manufactures into their own hands to set the poore people continually on worke, them∣selues causing the said manufactures to be sold at such reasonable rates, as none can make or prouide better cheape than they do, wher∣of aboundance is bought and sent for the West-Indies and other pla∣ces, the mechanicall people are verie much cherished by them, and all Artists are welcome vnto them, which maketh their citie popu∣lus. The Hollanders do imitate them, and some money of the Banke at Amsterdam is imployed therein; for the Prouerbe is to be com∣mended, Sceptra sauent Artes.

The Ciuilians haue made the Latin word Monopolium, borrowed from the Greek, to be lesse vnderstood, because of their many difini∣tions therof, which made me to treat of Associations, Monopolies, Engrossings, and Forestallings, as hauing affinitie one with another, and to describe them in diuided manner, as also to note their cohe∣rence, as followeth. For an Association, Companie,* 1.473 or Societie may become a Monopolie in effect; when some few Merchants haue the whole managing of a trade, to the hurt of a common-wealth, when other Merchants are excluded to negotiate with their stocks, to vent

the commodities of the realm with reputation, according to the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Solus and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Vendo,* 1.474 to sell alone. And as this is done many times by one Merchant, for one kind of commoditie (bee it Corne, Salt, Oyle, Woolles, and the like:) So may it bee done by a Societie of Merchants continually, vnder the colour of authoritie. Albeit that there be no combination to limit any certaine prices, for the sale of commodities in the particular of one Merchant or more Mer∣chants agreed together to buy vp a commoditie, it may bee called a forestalling. As one Dardanus did, whereof (as wee haue said) the name Dardanarij was vsed by the said Ciuilians, who define them to bee 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Qui omnia praemunt, vt carius vendant, That forestall or buy vp things, to the end they should sell them dearer. Which al∣though it bee agreeable to the practise, meaning, and intentions of Merchants: yet the practise is contrarie to the Lawes; for it would runne into disorder, in the gouernement of a Common-wealth. In the generall, where a Societie buyeth commodities apart, and selleth apart, although vnder orderly gouernement, it is in the nature of ingrossing, as the manufactures of Norenborough aforesaid; and be∣ing done with discretion and good order, it can giue no cause of of∣fence; but the abuse thereof made the same odious, and so general∣ly to bee knowne of all men; as the word Vsurie is, implying a biting.

Definition of a Monopoly.

THe truest definition of a Monopoly therefore is, A kind of com∣merce in buying, selling, changing, or bartering, vsurped by a few, and sometimes, but by one person, and forestalled from all others to his or their priuate gaine, and to the hurt and detriment of other men; whereby of course or by authoritie, the libertie of Trade is restrained from others, whereby the Monopolist is inabled to set a price of commodities at his pleasure.

A Merchant of London, hauing sent a great Ship to Zante, to lade Corrints and Wines, being there arriued; another Merchant there in∣habiting, vpon knowledge hereof, caused all the Corrints to bee bought vp, to preuent the said Merchant, and to compell him to buy the said Corrints of him at deare rates, to lade the said Ship, which made the Factor (appointed to lade the said Ship) at his wits end: But being ingenuous hee deuised a course to disappoint the said fore∣stalling Merchant, and caused Bills to be set vp in all publike places, to giue notice that the said Ship was come, to take in Merchants goods for her lading, and to returne for London: which being vnder∣stood by him, brought him into a secondarie, and to set all the Bro∣kers of Zante on worke, to helpe him to sell the said Corrints againe, whereby he became a loser. In this and the like cases the said Socie∣ties are to haue a care of preuention; otherwise it is the part of the Prince to looke vnto it with a politicke eye, vpon complaint to bee made, as of late yeares hath been done (when the French Merchants

did striue to bring new Wines first to the Market, thereby inhaun∣cing the price of Wines in France:) it was ordered and commanded by Proclamation, That no Wines growing in France, should be sold or put to sale, before the first of December, to bee obserued euerie yeare.

The like was done heretofore by our Merchants trading Spaine, in the buying of Rotta Raisons by an order amongst them, That none should bee sold by them before the last of October: which being knowne to Merchant Strangers, made them to preoccupie the Market (they not being bound to their orders;) so that this is to be done more properly by the Kings Proclamation.

Here I call to mind my former obseruation of that royall commo∣ditie Tinne, which aboue one hundreth yeares since,* 1.475 was sold for for∣tie shillings the hundreth, when the best Veluet was sold for ten shil∣lings the yeard: how Merchants trading Turkie found fault with his Maiesties preemption of the said Tin, and caused the same to be abo∣lished, to keepe the price thereof at fiftie fiue shillings the hundreth, and (bringing in Corints, Leuant Wines, Spices, and Indico, at deere rates, as they sold them) vsed all meanes to suppresse the rising thereof: which being considered of by forraine Nations, caused them to vse meanes to incorporate or ingrosse the same, whereby that commoditie came to be of more estimation and request; where ••pon the said Preemption was reestablished, which hath increased the stocke of the Kingdome since that time aboue six hundreth thousand pounds, being risen to double the price, and yet but proportionable to the price of Veluets and other commodities. On the contrarie, another commoditie Minerall, namely Copperas, which was sold heretofore (when there was Letters Patents for the sole making thereof) for 10 ll, and 12 ll the Tunne, whereof a great trade might haue beene made for other Countries: hath beene so ill go∣uerned by worke-men vnderselling one another, and for want of or∣derly carriage, that the same is sold vnder 3 ll the Tunne, and is be∣come a meere drug out of request, by the abundance made and in∣discreetly vented, bartered or exchanged. France yeelding aboun∣dance of Salt, although one yeare more than another, suffereth not the commoditie to bee ouermuch vilified. For albeit that the sub∣iects within the Realme doe not care how good cheap they buy the natiue commodities, because of their owne benefit; yet the Prince ought to haue a care to reduce them into trade, with a respect of the forraine commodities brought into his Kingdome. So that not one∣ly those Letters Patents or priuiledges graunted by them, for the re∣ward of new inuentions are necessarie: but also some directions to Companies or Societies, are (in policie) verie requisite.* 1.476 Vertue in a Common-wealth ought as well, and rather (in some respects) to be more rewarded, than Vice to bee punished by cutting off the malefactors.

This is agreeable to the Common Law of the Realme, and the

fundamentall Lawes of all Nations: granting the Proiectors or In∣uentors, priuiledges for twentie one or more yeares, which some men without distinction of Monopolies, would haue abridged to 14, 11, or 7 yeares, wherein the thing it selfe ought to make the diffe∣rence, vpon good considerations, and not to measure all things alike. For example, the Graunt made for the sole importation of Spanish Tabacco,* 1.477 doth gaine and saue the Kingdome many thousand pounds yearely: for Bayes, Sayes, Perpetuanoes, and the like commodities, which these two yeares haue beene sold in Spaine, with fifteene vpon the hundreth losse, to procure money to buy the said Tabacco, are now sold to so much benefit, besides the aduancement of the Plan∣tations of Virginia and the Bermudas. But this is not proper to bee done for other commodities that are not of that nature, neither of commodities to be exported, wherein such and the like considerati∣ons is to be had.

The generall intention of all Graunts by Letters Patents for Manufactures, hath a relation to set the people on worke, to re∣compence the inuenter of the Art or Science, and that things may (in some measure) be better cheape to the subiects. What shall we say then, of those Graunts which make the commoditie good cheap to forraine Nations, and dearer to the subiects? Surely this can∣not be without some great abuse.

If a Keelne for the drying of Malt for all the Kingdome ouer, were inuented to bee done with Pit-coale, better cheape than with Wood fire, and more pleasing, without the sent of smoake; and that this Keelne or Keelns were placed in conuenient places, for all mens accesse, whereby they should saue much charges, and haue their Mault better cheape: if heereupon Letters Patents were granted to reward the Proiector, no man of iudgement will call this a Monopoly, nor any part thereof, although the publike libertie see∣meth thereby to be restrained. For take it another way, and you shall find it rather to be a common distribution than a restraint whenso∣euer it bringeth a generall good and commoditie to the Common∣wealth.

The Statutes of the Kingdome restraining from the exercise of sundrie Crafts all such as haue not serued an Apprentishood vnto the Art which they would exercise, doe it to no other end but that those Arts might bee brought to better perfection, and the things made, might be good and seruiceable for those that buy and vse them.

Some men are well contented, if a prohibition or restraint of a commoditie be done by Act of Parliament, and they will no manner of wayes haue called the same to be a Monopoly, although it be so in effect, when a Societie of priuate Merchants haue a priuiledge to themselues onely to sell certaine commodities, or to import them, and all other subiects are excluded, although they were neither the discouerers or first inuenters thereof. But if it be done by the Kings

Prerogatiue, then they take it to be a kind of Monopoly. So that, if it be by a dispensation vpon a Penall Law, they make the same que∣stionable; wherein neuerthelesse the Princes wisedome is to rule for the good of the Common-wealth.

Others would haue all things at large in the course of trafficke, and that there should be no Societies or Corporations of Merchants for any places of trade; but that by way of partenership, Merchants might associate themselues to make or enterprise some voyages, or in sending of commodities in copartnership, without regard had that innouations are dangerous, where the trade hath beene carried al∣wayes by Companies or Societies, whereof some are of great anti∣quitie. This is more considerable in the gouernements of Monar∣chies (and especially in Islands) than in State or popular gouerne∣ments, where the ouerballancing of forraine commodities is not re∣spected; neither the oueraboundant inhabitation of strangers, which augmenteth their Customes and Impositions laid at pleasure vpon their commodities; as a principall matter whereby they subsist.

Others make a difference betweene Companies or Associations, dealing in a ioynt Stocke, or apart; affirming the negotiation of a ioynt Stocke to be within the compasse of a Monopoly: Neuerthe∣lesse they would be contented to tollerate the same, for the imploy∣ment outwards. But for the returnes homewards, they would haue a diuision in kind, or species of the commodities which they receiue; which is contrarie to the manner of the Portugalls, whose experi∣ence hath made apparant vnto vs, that they haue for many yeares sold their Spices and other East-India commodities, with good or∣der and reputation for their benefit.

And in this course they vse many times other mens names,* 1.478 accor∣ding to the Custome of Merchants; as they doe also manage other mens affaires in their owne names: but this is done with the priuitie of the partie whose name is borrowed, and thought worthy to bee trusted, otherwise it may prooue verie dangerous, especially in time of warre.

Touching forestalling of Corne or other commodities in Markets, it is (as I haue said) prouided for by Lawes; neuerthelesse the Ci∣uilians haue noted, That by the Municipall Lawes of all Countries, it is not prohibited for any man to make his prouision of Corne, or other victualls for one whole yeare, and vpon changing of mind, to sell the same againe to profit. ({inverted ⁂})

CHAP. XLIII. Of Merchants Oppignorations.

MErchants oppignorations are more vsed in regard of the commodiousnesse of it, than vpon neces∣sitie, as other goods are pawned. For when a Merchant hath a Ship come home, laden with Wines, Oyles, Woad, or such like commodi∣ties, and is to pay a great summe of money for Fraight, Custome and Impost, hee will not wil∣lingly 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 Sel∣lers 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 com∣modities, and you may borrow more money for little or no conside∣ration at all: and heereby doth a Merchant inlarge his trade, and young Merchants (hauing small Stockes) find great ease and com∣moditie. You haue at Lixborne the Alfandega, in Seuill A Dicana, at Venice Il fontego:* 1.479 at Antuerp the house of the Easterlings is memo∣rable, 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.

Domus Commutationis.

THe scituation of this House of Commutations or Commerce, would be verie commodious vpon the Tower hill, to be made of free stone; the proportion almost square, according to the said Ea∣sterlings house at Antuerpe, leauing a faire street on euerie side: the fore part thereof towards the riuer of Thames, and the water to be brought before it, by cutting in the docke below the Tower wharfe, so as two ships of ordinarie burthen might at one time come in to discharge at the Cranes to be made there for the purpose.

The drinesse of the ground is very fit to make great Cellars, in the middest a stately Court, and all the lower part of this house double Ware-houses for commodities of great Bulke, and ouer that Galle∣ries answerable to the lower part, set vpon stately Columes, full of Ware-houses for small wares of value: and so for a third Storie, and double Garrets for corne and such like commodities, reseruing some faire roomes for the entertainement of great personages (comming from beyond the seas) to feast them onely; also with a magnificent Turret, great Gates, and places with ballances and beames to weigh all sorts of commodities.

The earth of the Cellars would serue to raise the hither part of the ditches of the Tower to make them deeper, and part of the ground leuell, fit for goodly walkes; and for the scouring of the docke or entrance, a Mill might be made to grind mineralls, and other things.

One part of this House to serue the clothiers that cannot conueni∣ently at all times sell their clothes at Blackwel Hall, which they may remoue when they haue occasion to vse mony to buy necessarie com∣modities to maintaine their trade; which commodities they may haue for that money, or by way of commutation, as Woolls, Oyle, Woad, Indicoe, Cutcheneale, Allome, Copperas, or other such like extant in other Ware-houses of this House, as by the Register kept thereof will appeare; whereunto all Brokers shall resort, and haue notice of if they will.

When the clothiers shall haue this commodiousnesse, they will increase their trade, and set more people on worke to make good clothes, according to the statute, which will be more vendible in other places beyond the seas, to the generall aduancement of traf∣ficke, his maiesties Customes and Impositions, and all other depen∣dancies thereupon.

No man is compelled to bring his commodities to this House, but allured thereunto by the commodiousnesse and benefits thereof, because of the ease of Ware-house roome and Cellaridge at easier rates, the commoditie of sale or barter, the forbearing to pay Cu∣stomes and Imposts for a time, the taking vp of moneys to serue his turne, and the goods better assured than in other places.

According to the said house of the Easterlings at Antuerpe, there will be 108 cellars, and double that in warehouses, and after that so many garrets, in all aboue foure hundred roomes. The benefit whereof will be verie great, one with another at 10 ll is 4000 ll. The benefit of weighing all commodities, and the selling and re∣gistring of all will be much more. And all the charge of this house is by the computation of some workemen to be done for 15000 ll, and may yeeld 10000 ll yearely profit, to the honour of the King, reputation of the citie of London, and welfare of the realme, and credit of Merchants.

* 1.480Our Staple of Woolls (heretofore kept at Calice and Bridges in Flaunders) is now out of vse, and Staple Townes are all (as it were) incorporated into London; and therefore it is to be ho∣ped, that some worthie Merchants will of good affection to the Citie and State, be readie to resolue to vndertake this building of the house of commerce, as a worthie monument for posteritie, and ease of all traders.

The old Romanes (when moneys were first made of Copper, and then Siluer, and before Golden coynes were made) had ap∣pointed a place,* 1.481 called Mensa Argentaria, where they lent mo∣neys vpon commodities for a reasonable consideration, to ad∣uance trafficke and trade, which (in comparison of ours) was but in his infancie, and therefore to be left now to the mercie of monyed men (without other prouision by authoritie to supplie mens occasions) seemeth to be impertinent, especially when moneys are not plentifull.

Hauing hetherto treated of buying and selling, and the depen∣dancies thereupon, now wee are to speake of receiuing and pay∣ing by moneys, and of the manner of Merchants dealings there∣in. But this doth properly appertaine to the second part of the Law-Merchant, where moneys are compared to the Soule of traf∣ficke and commerce.

* 1.482Returning therefore to the said matter of Oppignorations, let vs note the questions of Ciuilians, Whether in the generall binding of a mans goods, wares to bee sold (called Merces Vaenales) are comprised, by saying, he bindeth his goods present and to come? The answere is, that they are bound, but yet the sale of the said goods is not hindered thereby, vnlesse they were pawned or obliged to be in a place certaine, and named in the writing there to be extant. Also in Tacita Hipotheca, or as it were close pawning, Merchants money may bee comprehended and made liable: but this is to be vnderstood of moneys had some other way; for it is reason that the money which a man taketh vp shall serue him to expedite his affaires.* 1.483

Also in binding of future goods, it is to be vnderstood onely of such goods as he may get during his life, and not by any of his heirs. These reasons haue a reference to trafficke, which is a generall

bodie, and commodities by merchandising or commerce do supplie themselues in their places; so that when some commodities are disposed of, other commodities come into the roome thereof: and the lawes haue alwaies more regard to the generall than to the parti∣cular; insomuch that a woman (euen for her dower) cannot arrest her husbands goods, finding his estate to decay.

CHAP. XLIIII. The proceedings vsed against Bankrupts.

THe mutabilitie and inconstancie of all worldly af∣faires (and especially of Merchants estates) causeth me to remember the ancient Dutch Prouerbe,* 1.484 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 (ac∣cording to the heathen word) for a distinction of Gods prouidence, as the words of Fate, Destinie, Chaunce, and the like are, for the bet∣ter vnderstanding of it; so that by the frequencie of it, Merchants haue made a great difference and distinction betweene a Merchant which is at a stay and taketh daies for the payment of his debts, or one that is broken or Bankrupt, hauing an especiall regard herein for the preseruation of credit, which is as tender as the apple of an eye: for it happeneth many times, that Merchants (hauing taken vp money at interest to augment their trade, and thereby doing good to their prince and countrey) shall receiue some vnexpected losses by warres on land, or Embargoes, or restraints of Princes vpon the seas of their ships and goods, or by hauing sold their goods and merchandises at home at long daies of paiment, or otherwise by other occasions, hauing their best meanes in remote places, whereby the said Merchants cannot suddenly make paiments of such moneys as they haue taken vp at interest, which in that Interim may be due, and so they are driuen at a stay, although they haue verie good estates: for some rich men (who like an Ape tied to a clogge, which thinketh that he keepeth the clog, when the clog keepeth him) are so tied to the clogge of their wealth, that vpon the least rumours of

troubles and accidents happening to their debtors, they become sus∣pitious 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 ouer∣throw them (vnawares many times) to their owne hinderance and losse;* 1.485 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 de∣fence 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 Vir∣tus 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 pi∣lot, deserueth great commendation of the care and endeuours which he vseth to preuent the ship-wrecke of his reputation and credit, es∣pecially 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 dispo∣sition, 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.* 1.486 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 repre∣hensiue 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.

* 1.487The 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

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 abi∣litie 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 chil∣dren, 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, accor∣ding to the Customes of Merchants in other countries: and there hath beene in times past, during the Raigne of Queene Elizabeth,* 1.488 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,* 1.489 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 Ci∣uile Law herein,* 1.490 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 re∣garded in Spaine,* 1.491 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 tou∣ching 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 Am∣bassadour and agent for their countrey; who commonly will doe it vpon the verification of it, by the Heraulds or otherwise, which cau∣seth men not to degenerate in vertuous actions, although aduerse for∣tune playeth her Tragedie; which they ouercome with constancie and magnanimitie.

The said Statute against Bankerupts is made vpon verie great con∣sideration, which lieth not against a Gentleman; so that to call a de∣cayed 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.

* 1.492The Commissioners appointed by the Lord Chanceller vnder the Great Seale to execute this Commission of the Statute of Banke∣rupt, must be Councellers at the Law, ioyned with some Citizens or Merchants, which are to seize of the partie (which by the said Com∣mission is proued to be a Bankerupt) all goods, debts, chattels and moueables into their hands, and to appoint one or two of the credi∣tors to be Treasurer of the same, which is afterwards to bee distribu∣ted 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 pro∣duce and be made apparant vnto them; which must bee done within foure moneths after the date of the said Commission.* 1.493 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 on∣ly 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 al∣lowed according to their discretion. So likewise is it in the discreti∣on 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 toge∣ther, 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 pri∣son, and so remaineth in prison, for, and during the time of sixe mo∣neths, thinking by that imprisonment to free his goods, and to de∣ceiue his creditors; against him may the said Commission bee sued forth and executed accordingly, for hee is to bee taken for a Banke∣rupt 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 pro∣ceedings there is a Register appointed, by his Maiesties Letters Pa∣tents vnder the Great Seale of England to record the same, vntill the Lord Chanceller doe dissolue the said Commission by a Su∣persedeas.

* 1.494The 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

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 di∣stinctions 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 ac∣cidents; and this man is taken to be infamous, if he be vicious.

Hereunto I may adde the fourth, and most vile person, who inri∣ching himselfe with other mens goods, breaketh without iust cause, and onely of purpose to deceiue men, according to the aforesaid ex∣ample 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 autho∣ritie, as the Banker of Florence was; who breaking for many millions of ducats, made a suddaine and deceitfull composition with his cre∣ditors 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.* 1.495 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 cru∣ell as to keepe him alwayes in prison, and make him to indure a lin∣gering death, wherein the vndoing of wiues and children are made partakers vniustly.

Concerning fraudulent dealers the Law is, That by making Ces∣sion 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

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 in∣stantly: howbeit, if a Factor by ignorance of his breaking, haue cau∣sed his commission to be followed; that which is done doth bind the Master, and shall excuse the Factor.

* 1.496A 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 re∣turne of the writ) before the Iudges of the said court. But the lawes in diuers countries do verie much differ in the proceedings and execu∣tion of these fraudulent men.

* 1.497Here ariseth a question, Whether a Suretie can pretend to be dis∣charged, 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 Sure∣tie 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 rea∣son 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

Creditors, there is a question made, That if Creditors do agree with their Debtors for some part of their debts,* 1.498 because of the Debtors losses and misfortunes, Whether, when the parties being become rich againe may reuoke their agreement? And the law hath deter∣mined this question, That if vpon the agreement, there be an Acqui∣tance 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 be∣ing 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 Con∣suls, which authoritie is alreadie noted before to bee in the Lord Chauncellor. But the difference is great betweene the greater num∣ber 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 ouer∣rule the greater summes. It is therefore thought conuenient to fol∣low 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:* 1.499 wherupon the Bills of conformitie were of late yeares vsed in the Chauncerie, which by the Parlement An∣no 1621 are made void, because of diuers great abuses committed in thedefence of Bankrupts, who to shelter themselues from the ri∣gor 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 Mer∣chants, they are taken pro confesso to be Decoctors or Bankrupts,* 1.500 for they in substance by their absence denie to giue a reason of their los∣ses 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 los∣ses 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 pro∣uided against these fugitiue persons,* 1.501 that a Proclamation shall be made against them, That if they doe not returne within three mo∣neths after they shall haue notice of it (which by Affidauit must be certified) to present themselues in some conuenient place to be de∣clared, 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

require for the paiment of the Creditors, which execution hath late∣ly 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 fugi∣tiue 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,* 1.502 nullo modo is to be vnderstood at no time, and without any rea∣son of excuse, in all other things prohibited by the law, especially in this which concerneth the disturbers of commerce, so much to be ce∣lebrated. 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 obserua∣tion of the premisses.

* 1.503The 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 be∣tweene 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 iuris∣diction should not participate with the Creditors of ano∣ther 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. ({inverted ⁂})

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 impor∣tant matter to the customarie Law of Merchants, considering the aboundance of materials and stuffe which the realms of England, Scotland, and Ireland doe affoord,* 1.504 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 (ha∣uing not stuffes of their owne, but from others) do neuerthelesse set their people on worke vpon the stuffe and materialls of other coun∣tries, 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,* 1.505 to auoid the course of Monopolie, and to make the benefit to the common-wealth more ge∣nerall, which maketh men painefull by the radicall moisture of gaine, whereof Merahants are to haue a consideration so to reward the ar∣tificers 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,* 1.506 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 quan∣titie in England, and may be practised, are manie, as Buckrams, Ta∣pistrie, 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

to maintaine manufactures, cannot but take an offence, if any other nation will endeauour to doe all, and to exclude others, which extre∣mitie enforceth another;* 1.507 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 con∣trarie to that common entercourse and mutuall course of commo∣dities, 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.

* 1.508The striuing of making commodities, and to vndersel one another, are dangerous, and preiudiciall to both parties: for by their contenti∣on they hinder each other, and bring commodities to be lesse estee∣med. This is a matter of great consequence for statesmen to be ta∣ken 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,* 1.509 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 ma∣king 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, dy∣ing, and other professions, and euerie man consuming wood more or lesse in his house, besides sea-coale.

* 1.510And 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 ma∣king 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 grow∣ing in bogs and quagmires, whereby also many of them become rot∣ten 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 & hazel∣wood

for hoopes, with diuers other profitable meanes, as in Hol∣land: for the said turffe is to bee made according to their manner, auoiding the sulphurous smell, by two yeares drying of them be∣fore 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 be∣ginning 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,* 1.511 (and with Salomon the wise, send the sluggard to imitate the paine∣full and laborious Bees) for the increase of Hony and Waxe in England, Scotland and Ireland, and others of his Maiesties domi∣nions: and let mans helpe succour this Apifacture, if it may be so cal∣led, 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,* 1.512 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 ma∣king 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 pro∣uision, 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.

Preseruation of Bees for the Climate of Great Brittaine, &c.

1 IN Mareh your Bees doe beginne to breed, and then they be∣ginne to sit, let them at that time bee serued twice euerie weeke, because:

2 In Aprill your Bees beginne to hatch, serue them in hard and rugged weather, whereby they are hindred to be abroad.

3 In May is your Bee comming forth, looke to serue them vn∣till Midmay.

4 In Iune are your Bees in their strength for casting, and then there is great plentie of Flowers and Dewes for them to feed vpon.

5 In Iuly they are full of Hony, therefore cap your first swarmes, and take vp the rest for Hony that you meane to take vp for that yere, and cap as followeth.

6 In August is the most breed of Bees past, and you may cappe likewise those you meane to keepe ouer the yeare; I meane your old Stockes, for then they may forbeare it.

7 In September the gathering of Bees is past; stop close, and if there bee any that is not cappable, leaue them and stop close with clay and salt, and daube below with Cow dung as the man∣ner is.

8 In October beginne to looke whether robbers haue spoiled any or not; if it be so that they haue, take away your Bees as in Ho∣ny time, and set vp your Skepes with the combes whole, to be vsed as hereafter followeth.

9 In Nouember stoppe vp all holes, let none passe in or out; but if they prooue weake, then take away your Bees from the combes, and keepe them for the second and third swarmes after.

10 In December house your Bees, if they stand cold: and in the North, house all.

11 In Ianuarie turne vp your Bees, and throw in wort, and wa∣ter and hony twice or thrice, but let your water be warme.

12 In Februarie set foorth and serue all them that stand in need, with wort and hony, or hony and water, so it bee warme: and then in March looke for their breeding, as is before de∣clared.

No corrupt combes to be left, but the bad are to be taken forth in the Spring time (being in feeding) and when you haue throwne in one pinte of warme worte, and that they are struggling with the clammines of the wort; then may you verie well take from them any thing that doth annoy them; which manner of dressing you may obserue for many yeares during your Skepe, so long as they stand to worke new againe.

Necessarie obseruations concerning the Premisses.

FRom the middest of Aprill, vntill the midst of May looke dili∣gently to thy Bees; for then are they neere beginning to hatch, and doe stand in need of most helpe, especially if the Spring be cold,* 1.513 and the wind holding any part of the North or East; where∣by the tender buds or blossomes doe perish, and the Bees are dri∣uen to the blossome of Apple trees, which is their vtter ouer∣throw and decay.

Helpes for weake Bees at all times.

TAke water and hony mixt together made luke warme, and throw it amongst the combes, to the quantitie of a pinte at a time: or strong wort new runne, or vnboyled wort also luke warme, and the same two or three times at the most; and this for the first Swarme.

For the second and third Swarme must be giuen in their Hiues, to preserue that which they haue gathered: Take Mulce, which is eight times so much water as hony, boyled to a quart or three pintes; set the same with dishes in their shepes, laying a few strawes in the dish to keep them from drowning. Wort and figs boyled will serue also.

The smoake (as it were the Tabacco of Bees) wherein they de∣light, is Cowes or Oxen dung, sophisticated with sweet wort;* 1.514 and the marrow of the Oxe or Cow, being well dryed: take the Shepe (which is diseased) & set it in a meale skiffe or riddle, and then kindle a little fire with your Cowes dung, and set them ouer the smoake of the fire, and so smoake them by fits, scarce so long at euery time as you can tell tenne, and beware not to vse this smoaking too oft, but as necessitie requireth and in gentle manner.

The necessarie vse of hony and wax, made me to obserue the pre∣misses, wishing, That in all Parishes of Great Brittaine and Ireland, all the Parsons and Vicars in Countrey Townes and Villages, were inioyned to keepe Bees for their owne benefit, and the general good; which they may doe conueniently in the Churchyards, and other places of their Gardens, and some of their children or schollers may attend the same.

The multiplying of Bees is easie without destroying them,* 1.515 and the creation of them is knowne to many, proceeding of the corruption of a Heyfar, the flesh whereof is fit to ingender Bees, as the flesh of Horses for Waspes, or that of man for Lice. And to abbreuiate, I do referre the desirous Reader hereof to Master Hill his booke of Hus∣bandrie, where he speaketh of Bees, with the commoditie of Hony and Wax, and of their vses and seuerall profits, collected out of the best learned Writers, as Plinius, Albertus, Varro, Columella, Palladius, Aristotle, Theophrastus, Cardanus, Guilielmus de Conchis, Agrippa, and others.

Returning to manufacture, and to conclude this argument, many are the commodities to bee made of Silke, Wooll, Linnen, Cotton, and other Stuffes; but vaine is the conceit that would command and gouerne them all. But as we haue declared before, in the Commu∣tation or Barter, and the vse of them, lyeth the greatest consideration; and in the setting of people on worke to auoid Idlenesse, the distur∣ber of Common-weales, which causeth men to make Plantations and Discoueries of other Countries, whereof incidently wee are now to handle something, seeing that Merchants haue the managing thereof.

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:* 1.516 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 go∣uerne 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.* 1.517 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 there∣fore seeking to discouer new countries, are much to bee commended and cherished, and their Customes are to be obserued as a Law per∣manent, which hitherto haue beene herein kept vnuiolated.

The vnfatigable industrie to make a compleat Plantation in Vir∣ginia, and the Island of Bermudus,* 1.518 (which hath beene verie charge∣able) might haue beene farre better, if honest housholders and fa∣milies 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

shall be taken from them, and they shal be duely paied, and that a cer∣taine number onely shall haue this priuiledge for certaine yeares, and none others to be admitted, albeit the number of people doe in∣crease; 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 al∣so painefull and industrious in time, and the charge of the vnderta∣kers 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,* 1.519 estee∣med 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 ma∣keth 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 milli∣ons 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,* 1.520 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 cau∣seth the greater consumpsion of all things, and the reuenues are great by Impositions, and it giueth life to trafficke and commerce.

The Plantation of Vlster (one of the foure Prouinces of Ireland) is now verie great, and the meanes to set the people on worke are to be taken in hand, which may be done by a Corporation of English

and Irish Merchants there inhabiting, and English Merchants in Eng∣land 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 thereun∣to plentiously.

And here I remember a good obseruation heretofore made touch∣ing 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 decei∣ued in their choice;* 1.521 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: thi∣ther 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 dis∣couered 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 mecha∣nicall 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.

* 1.522And for as much as diuers Mathematicians heretofore haue accor∣ding to those discoueries made their maps, and vpon good proba∣bilitie affirmed and set downe Terra Australis incognita, whereof dis∣couerie 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 there∣of 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 Mediterra∣nean sea, taking England and Island into this account; seated with∣in Zona Torrida, and a great thereof reacheth vnto the Equino∣ctiall 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 neighbour∣hood

either of Turkes or Moores; and according to this maner of life (al∣though 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 cherri∣shed 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 enter∣prises: But it is the part of Princes to see plantations made,* 1.523 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 de∣clared in his discouerie, affirming the spaciousnesse thereof to be al∣most as Ireland: and therein he hath noted many disorderly cour∣ses 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,* 1.524 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 thi∣ther, oftentimes there comes not only dangers to themselues, but al∣so 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,

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 ex∣treame hazard of their liues. Thus many times both ships and men haue beene cast away suddenly, to the vtter vndoing of many aduen∣turers 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 voy∣ages of the after-commers are often greatly hindered and prolon∣ged, 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.* 1.525 For whereas heretofore they haue vsed to make rea∣die 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 twen∣tieth 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 consu∣med) 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.

* 1.526And it may be thought reasonable, That men which will vnder∣take 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,

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 fal∣leth, 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,* 1.527 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 com∣moditie for his fishing voyage, except hee will in such manner settle a fifth part of his companie there to liue. And then such aduenturers thither will carefully prouide yearely for such as they leaue there, not onely for bread and victualls, but likewise for all necessarie tooles fit for any kind of husbandrie. And the charge thereof will yearely repay it selfe with the benefit of their labours that

shall bee so left there, with great aduantage.

By this meanes will shipping increase, men be imployed, and two voyages may be made yearely, and much victuall saued: for the al∣lowance of victuall to maintaine sixe men to carrie them and recar∣rie 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 fil∣led vp yearely with good fish, and many beneficiall commodities; and the men so left in the countrey, will not only be free from the pe∣rils of the Seas by not returning yearely, but will liue there very plea∣santly, 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,* 1.528 and that yearely, for the fer∣tilitie 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 conse∣quence; 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 set∣ling (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 de∣grees 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, where∣by the fishing trade may bee much aduanced, and the fish it selfe be∣come 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,* 1.529 Cod and Ling, that Salt orderly boy∣led, 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 Plan∣tation. 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 Nati∣ons: 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:* 1.530 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,* 1.531 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 innu∣merable. Of the beasts of the earth the learned haue obserued,* 1.532 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 crea∣tures 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,* 1.533 and other discontented Fishmongers departed the Realme of England, and went into Hol∣land, to the Towne of Enchusen, where they procured the inhabi∣tants to fish for them in the seas, streames, and dominions of Great

Brittaine: which inhabitants (vpon the decease of the said English∣men) tooke the whole trade to themselues, which afterwards hath beene disperced into many other Townes, whereby the trade is so in∣creased, that Holland and Zealand haue aboue 2000 Busses or Fish∣ing 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 thou∣sand Lasts of fish are taken yearely in the dominions of the King of Great Brittaine onely, ommitting the quantitie of fish taken in Den∣marke 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,* 1.534 proouing first, The lawfulnesse of it by his Maiesties sub∣iects 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, notwith∣standing 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,* 1.535 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 thou∣sand 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,* 1.536 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,* 1.537 Stockholme, and all Poland, Prussia, Pomerland, Lituania, Statin, Lubek, and Denmarke; returning Hemp, Flax, Cordage, Ca∣bles, Iron, Corne, Soapashes, Wax, Wainscot, Clapboord, Pitch, Tar,

Deales, Hoopes, and other commodities, with plentie of money; and for France, they send for Burdeaux, Rochell, Nantes, Morliaix, and San Mallous, Cane in Normandie, Roan, Paris, Amiens, and all Picardie, and Calice, with the Low-countries of the Archduke of Austria, reconciled with the king of Spaine, returning other com∣modities and moneys for the prouenue of their fish. For by their laws all those▪ Herrings that they do catch in Yarnmouth seas, from Bar∣tholomew 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,* 1.538 that by night and day all is supplyed, and fish taken off instantly. And of mine owne know∣ledge, they are so constant in their fishing, that they are conten∣ted 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 Shot∣land, 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 no∣thing 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,* 1.539 Walders∣wike, 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, espe∣cially in the returne of our commodities, and that the priuiledges granted to diuers societies (as the Merchants Aduenturers, East-land,* 1.540 and Russia Merchants) should be infringed therby, and so both trades cannot subsist together.

Others say,* 1.541 That other nations are more painefull and industri∣ous 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 Hollan∣ders to fish with Buffes for Herrings after 5 or 6 yeares triall, haue beene compelled to abandon the fishing, and suffer their ships to lie by the rotting, because they found a losse, and that the

Hollander did out sell them, hauing the better and cheaper fish; and the like would befall England, as some haue alreadie found.

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

* 1.542That the trade of cloth should be hindered by the fishing trade, is not probable, being a distinct commoditie which serueth for the bel∣lie, and the other for the backe, and both are sold by vs and other na∣tions in one more places, and we both make our returnes home∣wards by commodities, money and exchange for moneys by Bills, so that the difference of the persons maketh not any sollid argu∣ment: for if we returne commodities for commodities, and they re∣turne 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 mo∣ney in specie be wanting, which by these meanes would be supply∣ed. And concerning the priuiledges graunted to seuerall socie∣ties, it will bee easie to reconcile them by good orders to be ob∣serued in the fishing trade; wherein all men of seuerall compa∣nies may participate, and the generall good is alwaies to be pre∣ferred before the particular, and that societie which is against the common good ought not to bee admitted or continued for any priuate respect.

* 1.543To the second obiection, That other nations are more painefull and industrious, and haue more skill in the cutting, salting, and pack∣ing 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 principi∣um 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 wea∣ther to performe their voyages, which was the cause that the Ham∣burgers could not conueniently continue their fishing trade, as is alledged.

Hauing answered sufficiently (as I hope) the two maine obiections

against the fishing trade, let vs now examine the benefit of it, by the calculation made by the said gentleman. Now to shew truely, saith he, what the charge of a Busse will be, with all her furniture, as Masts,* 1.544 Sailes, Anchors, Cables, and with all her fishers implements and ap∣purtenances 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••re∣ly 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 fil∣led 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,* 1.545 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,* 1.546 making fif∣teene 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,* 1.547 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 plen∣tie of coine brought in for fish and Herrings from forraine nations,

and also for the increasing of mariners against all forreine inuasions, and for the bettering of trades, and setting of thousands of poore and idle people on worke.

But now returning to the lawfulnesse of fishing, wherein we are to obserue, That albeit hunting, hawking, and fishing be of one kind, as subiect to a like law and libertie, because that any wild beast, fowle or fish being once taken by any man, commonly it becommeth his owne proper by the law of nations; yet there is a difference between these three: and although hunting and hawking be almost euerie where lawfull, yet fishing is forbidden in other mens ponds, stankes, and lakes, as comparable vnto theft.

Statute Lawes of England, Scotland, and Ireland, concerning fishing.

THe seuerall Statutes of these kingdomes haue established good orders concerning the fishing trade, whereunto relation may be had, containing in substance, the ordinances to build ships and boats, and appointing of certaine times for fishing, and then onely to fish, vpon paines not onely of forfeitures and fines, but death also, ac∣cording to the manner of offence made, and contempt of those de∣crees and ordinances.

Prohibiting (for the increase of fishes) the making, setting and vsing of crowes, yarres, dams, ditches, tramlets, parkings, dyking in any waters where the sea ebbes and flowes: and albeit some are permitted to lay nets, and to make weares, yet must he keep the Sa∣turdaies slop, that is, to lift the same from Saturday in the after∣noone vntill Monday. And he is to make each space or mesh of his nets three ynches wide, except for taking of Smelts, and other fish which will neuer be bigger, and the same is to be set vpon the wa∣ter, that the midstreame may haue the space of six foot wide, vpon paine of fiue pounds.

* 1.548And concerning the fishers safetie and priuiledges, it is prouided, That all ships sayling to catch Herrings, shall (during the taking of them) let downe saile after day-light is past, and let their anchor fall, and keepe watch with lanterne and light vntill the day light appeare, least otherwise the poore fishers should be ouerrunne, and their nets broken.

It is also prouided, That fishers shall not hurt one another, and the measure of their nets are limited in length and breadth: and also that no drag-net be set before March, nor vpon deeper water than foure∣teene fathome.

Also that they shall be honest and true, and not lie to their neigh∣bours, being asked concerning the length and depth of their ropes or tewes when they are in driuing; neither shall they wittingly and willingly suffer their tewes to flit and run ouer one another, vnder paine of ten pounds for euerie offence.

That till Sunne set on Sunday, no man lay nor hale nets or great

lines, or exercise any labour, vpon paine as aforesaid.

And for the incouraging of Fishers in the North and West Isles of Scotland, there is a Statute prohibiting all exactions to bee taken of them, but onely the Kings Custome, vpon paine to be found to be a manifest oppressor. And Concerning Fishers and dealers or traffic∣kers with fishes, it is also ordained, That not onely all fish slaine and taken neere to the coast of Scotland be brought to the market places,* 1.549 where the taker dwelleth, or the neerest place thereunto, but also all the fishes taken in the North, or West Isles, or Forts, to be brought directly to the townes where the Fishers dwell, to the end the coun∣trey bee first serued and the fish offered to the market places, from which none may carrie them to packe and pile, but onely betweene the houres of eleuen and two in the afternoone, vpon paine of for∣feiture of the same. In which markets it is lawfull to the Prouost and Bailifes to set downe prices, and to compell the Packer and Piler to sell againe for the need of the subiects; which being done, they may transport the remainder where they will: and if they commit any contempt, then their fish is forfeited, two parts to the King, and the third to the Magistrate.

In like manner concerning the barrelling of fishes,* 1.550 it is ordained that the measures prescribed of old sh••ll bee kept, namely, each bar∣rell of Herrings, or of white fish, to be of twelue gallons; and the barrell of Salmon of fourteene gallons, according to the measure of Hamborough, vpon paine of forfeiture, and fiue pounds to be leuied from the Cooper; and therefore hoop yrons to bee made in each towne for the triall and gaging thereof. All which concerneth the Law of Merchants, & the particular knowledge of euery one of them.

Let vs now remember in this place the fishing of New-found-land,* 1.551 and the Whale fishing, with the profit and commodities of the same, as they are obserued by the aforesaid Captaine Whitebourne, who affir∣med vpon his owne knowledge, That the French Biscaine▪ and Por∣tugals, can make two voyages yearely to New-found-land, with 400 sayle of ships, and get thereby an incredible wealth; besides Eng∣lish ships, whereof he saith, That in the yeare 1615, there was 250 ••ayle of ships great and small, the burthens and tunnage he esteemed to bee one with another 15000 tunnes, at 60 tunn••s, and 20 men and boyes to euerie one; therein were imployed aboue 5000 per∣sons, by whose meanes there was taken by euerie ship, aboue sixe score thousand fish, and fiue tunnes of Trayne oyle, which being brought into England, France, or Spaine, and sold after the rate of foure pounds for euerie thousand of fish, and 120 fishes to the hun∣dred, will amount to sixe score thousand pounds, which is not aboue one penny a fish. The Trayne oyle amounting to 1250 tunnes, at 12 ll, amounted to 15000 pounds; so the totall sale was 135 thousand pounds, omitting to reckon the ouerprices, which were made and gotten by the sale thereof in forraine countries. The con∣sideration (that all this and the like wealth procured by fishing, is

done by the labour and industrie of men, with exportation of money and exchange, or other commodities to be commuted or bartred for them) is worthy the obseruation,* 1.552 and by the trade of it moneys are to be had plentiously, and all forraine commodities also, to the in∣riching of Common-weales, where many numbers of people are set on worke and relieued; as Bakers, Brewers, Coopers, Ship∣wreights, and Carpenters, Smiths, Netmakers, Ropemakers, Line∣makers, Hookemakers, Pullymakers, and many other trades to make the necessary prouision of the fishing voyages, wherin the lame, impo∣tent, & all poore people may haue imployment for their maintenance.

* 1.553Touching the Whale fishing, especially in Greene-land, for the making of Traine oyle; the same is much augmented by seuerall Na∣tions, since that the Biscayners and Bayoneses haue taught the man∣ner of taking of them, casting harping yrons into their vnweldie great bodies, when they are on shoare for want of water, otherwise verie nimble in the Seas: For they haue a great feel••ng, and their flesh is viscosite or oylie,* 1.554 apt for swimming, and as soone as the harping yrons haue strucken them, they runne towardes the bottome aboue a hundreth fathomes deepe, as the lines (which are fastened thereun∣to) will giue way. So that sometimes it will bee aboue two houres before they come vp (being ordinarily aboue twentie foot in length) and then being hoysed vp to the sterne of the ship, the flesh is pared off, and swimmeth vpon the seas, and the rumpe of the bodie is let∣ten fall againe, and then the flesh boyled, and pressed, maketh Trayne oyle, which yeeldeth good benefit, if the voyage bee not ouerchar∣ged by expences. For preuention whereof, let vs note the propor∣tion for the victualling of fiftie men for eight moneths,* 1.555 of a ship of 200 tunnes, and cast Merchants or Fishermens account accordingly, for the greater or lesser number of persons, or the longer or shorter time of victualling, more or lesse also in price, 50 men are 12 ½ Mes∣ses, being foure to a messe by distribution.

	ll.	ss.	d.
Bisket a pound {per} day to a man, is 120 quintals, at 9 ss	47	16	0
Syder and Beere, one hogshead a day, with cask yron bound, 12 tuns at 50 ss, and 48 tuns caske, at 20 ss, more 25 tuns of Beere, at 50 ss, and 35 tuns Syder, at 50 ss is	180	0	0
Water caske new, and yron bound 10 tuns, at 45 ss	22	10	0
Beefe two pound {per} day, is 100 ll weight for three dayes a week, is in all 96 dayes, and 8500 and 3 quar∣ters, at 26 ss the hundreth, is	111	0	0
Caske yron bound, 500 weight in a Hogshead re∣packed, and Salt	12	0	0
6000 Newfoundland fish, at 4 ll 10 ss with the caske, is	27	0	0
24 Bushels of Pease, 20 bushels of Oat-meale, two barrells of Oyle	14	12	0
Butter sixe firkins, Cheese ½ ll a day, Aquauite and vinegar	60	0	0
Candels, Platters, Chirurgeons Chests, &c.	65	0	0
	539	18	0

which said summe of 539 ll 18 0, amounteth vnto 28 ss a man for euery moneth, besides the ships fraight and mens wages, which may be agreed vpon diuersly. And commonly the Company is permit∣ted to haue one third, the Owners of the ship one third, and the Mer∣chant or Merchandize one third: all other incident charges to bee borne accordingly betweene them, whereof Indentures of couenants are made.

Hauing reserued to intreat of this important businesse of Fishing, in the end of this first Part of Lex Mercatoria, concerning commodi∣ties, which are compared to the Body of Traffick, together with the Sea-lawes obserued therein, with all other Customes of Commerce: Let vs now proceed to the Second Part, touching Moneys, being the Soule of Trafficke, which in times past were noted to be raised by the fishing trade (now so much neglected) appertaining to the Kingdoms of Great Brittaine, and Ireland, as hath beene shewed euen by origi∣nall Antiquitie. The correspondence and long entercourse between the Societie of Gold-smiths and Fishmongers alludeth hereunto: For Saint Dunstane the Bishop,* 1.556 termed to be the Patron of the Com∣pany of Gold-smiths, had no other Elixer or Philosophers stone, than the Gold and Siluer, which by the benefit of fishing was obtai∣ned, whereby the Kingdomes Plate and Bullion was procured. For the aduancement of which fishing Trade, he did aduise, That three fishing dayes ought to be kept euery weeke, which caused also more abstinence: and hence the Prouerbe came, That Saint Dunstane tooke the Deuill by the nose with his pinchers. Which Custome, if it were bet∣ter obserued with vs, would proue very beneficiall to the State and Common∣wealth. {inverted ⁂}

Notes

• * 1.1

  Called by the Grecians Syn∣derisis.
• * 1.2

  Gen.
• * 1.3

  Gen 37.27.
• * 1.4

  The Law∣merchant a most antient law.
• * 1.5

  Definition of the Law∣merchant. De••epub.
• * 1.6

  Ius gentium.
• * 1.7

  Prerogatiues of Princes by the Law of Nations.
• * 1.8

  Manners and prescriptions of the law of Nations.
• * 1.9

  Differe••ce be∣tweene Lawes and Customes
• * 1.10

  The Preroga∣tiue of Mer∣chants Cu∣stomes aboue all other Cu∣stomes.
• * 1.11

  Customes are the best inter∣preters of Lawes.
• * 1.12

  A Gradation concerning Lawes and Customes.
• * 1.13

  Booke cases of the Law-Mer∣chant.
• * 1.14

  Apicis iuris what they are!
• * 1.15

  Definition of a merchant.
• * 1.16

  Conditis nume∣ri p••tioris, 〈◊〉〈◊〉 mai••ris.
• * 1.17

  Caueat emptor.
• * 1.18

  The continu∣ance of a mer∣chant.
• * 1.19

  Persons ex∣empted to bee merchants.
• * 1.20

  What mer∣chandise is fit for trade,
• * 1.21

  Merchandise two fold.
• * 1.22

  The methode of this booke.
• * 1.23

  The customa∣ry Law of Merchants.
• * 1.24

  Merchants are to obserue Time.
• * 1.25

  The attributes of Time.
• * 1.26

  The reuoluti∣on of Time.
• * 1.27

  Annus quasi Annulus.
• * 1.28

  Periods of Monarchies & Common∣weales.
• * 1.29

  1. Pet. 3.
• * 1.30

  Of the ages of the world.
• * 1.31

  Computation of ages by Scripture.
• * 1.32

  A••no Dom•• 1620.
• * 1.33

  Of the seueral beginnings of the yeare.
• * 1.34

  Easter day.
• * 1.35

  The List ap∣pointed for Easter day.
• * 1.36

  Reuolution of the Sunne and Moone.
• * 1.37

  The Epact of 11 daies added Quaere tamen quando incape∣rint.
• * 1.38

  One wholeday added euerie fourth yeare in ••ebruarie.
• * 1.39

  The Ecliptike of the Zodiake
• * 1.40

  Eclipse of our sight by the Sunne.
• * 1.41

  When no Eclipse of the Moone can b••.
• * 1.42

  Cause of the Eclipse of the Moone.
• * 1.43

  Mans bodie is diuided accor∣ding to the Zodiake.
• * 1.44

  The Golden number of king Iames and his royall issue.
• * 1.45

  Cicle of the Sunne is 28 yeare.
• * 1.46

  The Domini∣call letters.
• * 1.47

  Dieurs begin∣nings of the day.
• * 1.48

  Calends, Nones, and Ides.
• * 1.49

  Indictio Ro∣mana.
• * 1.50

  the denomi∣nation of the moneths.
• * 1.51

  The Leape yeare.
• * 1.52

  Solstitium.
• * 1.53

  Equinoctium.
• * 1.54

  The difference as the account of yeares, for the errour.
• * 1.55

  Alteration of tenne dayes, and the incon∣ueniences.
• * 1.56

  A true and good reforma∣tion of the Iu∣lian Kalender.
• * 1.57

  Vie••ius ge∣neralis Dei, in Terris. D. C. L. V. V. IIIIII.
• * 1.58

  Vnitas.
• * 1.59

  Duclitas.
• * 1.60

  Trias.
• * 1.61

  4. & Qui∣uarias.
• * 1.62

  D••narius.
• * 1.63

  Numerus mag∣••a persectionis & virtutis.
• * 1.64

  Sabbathecall yeares.
• * 1.65

  Iubilee yeare.
• * 1.66

  Indians ac∣count of Time and Number.
• * 1.67

  The manner of Weights.
• * 1.68

  Talentum.
• * 1.69

  Cantar or Kyntall.
• * 1.70

  Weighs.
• * 1.71

  Skippound.
• * 1.72

  Lyspound.
• * 1.73

  Rooues.
• * 1.74

  Stones.
• * 1.75

  Mixias.
• * 1.76

  Markes. Besse.
• * 1.77

  Sicles. St••ter. Gerag.
• * 1.78

  Inna or Ma∣a••g.
• * 1.79

  Difference of Pound and Ounces.
• * 1.80

  The Pound weight of Bridges.
• * 1.81

  Differences of Graines.
• * 1.82

  Trett and Cloffe,
• * 1.83

  Antuerp.
• * 1.84

  London.
• * 1.85

  Dublin.
• * 1.86

  Edenbo∣rough.
• * 1.87

  Diamond weight.
• * 1.88

  Bridges.
• * 1.89

  Gaunde.
• * 1.90

  Amster∣dam.
• * 1.91

  Holland, Sealand, &c.
• * 1.92

  The weight of the Last of corne.
• * 1.93

  Rie.
• * 1.94

  Wheate.
• * 1.95

  The maner of the Romanes to make their Wills and Te∣staments.
• * 1.96

  Correspon∣dence of mea∣surer.
• * 1.97

  Difference be∣tween pounds or ounces, Ponderales and Mensurales.
• * 1.98

  Obseruations for the lading of Ships by weight and measure.
• * 1.99

  Obseruations.
• * 1.100

  Warme water lighter then cold water.
• * 1.101

  Profitable ob∣seruations about Salt.
• * 1.102

  Troy weight.
• * 1.103

  Auoirdupois weight.
• * 1.104

  Correspon∣dence of the said weight.
• * 1.105

  The measure drawne from the Troy weight.
• * 1.106

  The content of Caske.
• * 1.107

  Salmon, Her∣ring, Eeles. Soap measure.
• * 1.108

  The weight of Cheese and Butter.
• * 1.109

  The Sacke of Wooll.
• * 1.110

  A Last of Her∣ring.
• * 1.111

  Load of Lead.
• * 1.112

  Yeard.
• * 1.113

  Pearches.
• * 1.114

  Acre of land.
• * 1.115

  Furlong.
• * 1.116

  Bredth of Cy∣pers.
• * 1.117

  Of silke wares.
• * 1.118

  Corne mea∣sure as before.
• * 1.119

  Salt.
• * 1.120

  Dying of Blacke silke.
• * 1.121

  Dying by the helpe of Log∣wood.
• * 1.122

  Weights and Measures con∣troll each other.
• * 1.123

  A Tripartite Exchange.
• * 1.124

  Ouer-ballan∣cing of Com∣modities.
• * 1.125

  The Bodie, Soule, and Spirit of traf∣ficke.
• * 1.126

  Money the publicke mea∣sure at home.
• * 1.127

  Exchange for Moneys the publicke mea∣sure betweene nations.
• * 1.128

  Commodities and Mony are things passiue.
• * 1.129

  Natural riches Artificiall ri∣ches.
• * 1.130

  Iustice distri∣butiue and commutatiue.
• * 1.131

  Land Commo∣dities. Sea Commo∣dities.
• * 1.132

  Proper causes of the decrease of wealth in a State.
• * 1.133

  Exchange the Rudder of traf∣ficke.
• * 1.134

  Money as the Compasse of a Ship, and Ex∣change the Rudder.
• * 1.135

  Principles or Axiomes what they are &c.
• * 1.136

  Copernicus his opinion of the motion of the earth.
• * 1.137

  Aristotle of the stabilitie of the earth.
• * 1.138

  The royal ban∣ket of Great Britaine.
• * 1.139

  Comparison and propertie of the bodie to the head, so betweene the king and his subiects.
• * 1.140

  Parens patri••
• * 1.141

  Aristocratia. Democratia.
• * 1.142

  Monarchie the best go∣uernment.
• * 1.143

  Food deere and no dear••h
• * 1.144

  Three manner of Merchants.
• * 1.145

  Offenders vn∣fit to make Lawes.
• * 1.146

  Inhaunsing of Siluer altereth the price of things.
• * 1.147

  Causes of the ouerballance∣ing of Com∣modities.
• * 1.148

  A Milliar is ten hundreth Millions.
• * 1.149

  EVROPE.
• * 1.150

  ASIA.
• * 1.151

  AFRICA.
• * 1.152

  AMERI∣CA.
• * 1.153

  One penny an Acre, is one hundred thou∣sand pounds in England.
• * 1.154

  Corporum tria sunt genera.
• * 1.155

  Cloues.
• * 1.156

  Fusses.
• * 1.157

  Mace.
• * 1.158

  Nuttmegs.
• * 1.159

  Ginger.
• * 1.160

  Sinamon.
• * 1.161

  Pepper.
• * 1.162

  Long Pepper.
• * 1.163

  Benjoin.
• * 1.164

  Campheir.
• * 1.165

  Indico.
• * 1.166

  West Indies Indico.
• * 1.167

  Vncertaine Trade for In∣••ico.
• * 1.168

  Silkes.
• * 1.169

  Hard-W••x.
• * 1.170

  Wood of China.
• * 1.171

  Ambre.
• * 1.172

  Muske.
• * 1.173

  Bes••aar stones.
• * 1.174

  Calico cloth o•• diue••s pla∣ces.
• * 1.175

  Calico Lawne.
• * 1.176

  Druggs.
• * 1.177

  The office of Garble••ship. A••no 1309.
• * 1.178

  Difference of Carrats weights.
• * 1.179

  India weight.
• * 1.180

  Properties of good Dia∣monds.
• * 1.181

  Paragon Dia∣monds.
• * 1.182

  Rough Dia∣monds called Bruits.
• * 1.183

  Diamonds cut and polished.
• * 1.184

  Brute Dia∣monds at Lix∣borne.
• * 1.185

  A Diamond of 10 Carrats is 10 times 10: which is 100, so at 25 pound a Carrat, is worth 2500 pounds.
• * 1.186

  Rubies.
• * 1.187

  Carbuncles.
• * 1.188

  Spinella.
• * 1.189

  Balassia.
• * 1.190

  Saphiers.
• * 1.191

  Topasies.
• * 1.192

  Turqueses.
• * 1.193

  Iacinths:
• * 1.194

  Emeralds.
• * 1.195

  Originall of precious stones.
• * 1.196

  East-India Pearles.
• * 1.197

  West-India Pearles. Anno 1587.
• * 1.198

  Round Pearle
• * 1.199

  England.
• * 1.200

  Scotland.
• * 1.201

  Ireland.
• * 1.202

  France.
• * 1.203

  Spaine and Portugall.
• * 1.204

  Italy.
• * 1.205

  Germany.
• * 1.206

  Eastland.
• * 1.207

  Denmarke, Norway & Sweaden.
• * 1.208

  Russia.
• * 1.209

  Barbary.
• * 1.210

  Low Coun∣tries.
• * 1.211

  Letters Pat∣tents for the West India Trade by the States, &c.
• * 1.212

  Commutatio negotiatiua.
• * 1.213

  The due com∣mendation of the Maior of Carmarthen.
• * 1.214

  Hinderances by Tabacco &c.
• * 1.215

  Gold and Sil∣uer bartered for Corne and Victuals.
• * 1.216

  Foraine ware•• risen, 3 to, 1.
• * 1.217

  Commutation is compared vnto monyes in kind.
• * 1.218

  Inconuenien∣ces to sell com∣modities good cheape.
• * 1.219

  The times and seasons of trade are vari∣able.
• * 1.220

  Causes increa∣sing trade and comme••ce.
• * 1.221

  Particular barters.
• * 1.222

  A cunning commutation.
• * 1.223

  A Rule for commutations
• * 1.224

  Discreet com∣mutation.
• * 1.225

  Temperate commutation.
• * 1.226

  Desperate commutation.
• * 1.227

  Definition of equalitie.
• * 1.228

  Tho. Aquinas, Scotus, and others.
• * 1.229

  Fiue means to transferthings
• * 1.230

  Eleuen con∣ditions in the buying and selling of things.
• * 1.231

  Three things to be obserued in the selling of things.
• * 1.232

  Selling in open market or shop.
• * 1.233

  Payments by anticipation.
• * 1.234

  A bare or na∣ked couenant.
• * 1.235

  To become a suretie vna∣wares.
• * 1.236

  A caueat for merchants &c.
• * 1.237

  Considerable promises.
• * 1.238

  Sundry means for buying and selling.
• * 1.239

  For readie money.
• * 1.240

  For readie mony and pai∣able at times.
• * 1.241

  By Billes of Exchange.
• * 1.242

  By mony pay∣able in Banks.
• * 1.243

  By a Letter of Credit.
• * 1.244

  For Billes Obligatorie.
• * 1.245

  Example of of the Re∣uolution in Trafficke.
• * 1.246

  Rescounter by Bills of Debt.
• * 1.247

  The manner of Billes be∣yond the Seas.
• * 1.248

  The setting ouer of Billes of Debt.
• * 1.249

  Selling of Bill, Obligatorie.
• * 1.250

  General bene∣fits by setting ouer of Bils of Debt.
• * 1.251

  A Law Case about the set∣ting ouer of Bills.
• * 1.252

  To establish this Custome in England.
• * 1.253

  Office of Pro∣thonotarie at Lixborne and Roan.
• * 1.254

  Rescounter by Bi••ls for pay∣ment.
• * 1.255

  Called Apo∣cha or Apodissa by the Ciuili∣ans.
• * 1.256

  Especial notes concering Bils Obligato••ie.
• * 1.257

  Subscription of Bills Obli∣gatorie.
• * 1.258

  Renunciation of Priuiledges, and what they be.
• * 1.259

  Acquitance to one dischar∣geth the rest.
• * 1.260

  Bills Obliga∣tory vpon two or three liues.
• * 1.261

  Definition of Letters of Credit.
• * 1.262

  Protests for the non-per∣formance of Letters of Credit.
• * 1.263

  Great confi∣dence among Merchants.
• * 1.264

  A definition of a Letter of Atturney, &c.
• * 1.265

  P••ocurations irreuocable.
• * 1.266

  Procurations with a limited power.
• * 1.267

  A caueat for Procurators.
• * 1.268

  The originall of Mandata.
• * 1.269

  In Procurati∣ons the will of the Constitu∣ant is to be regarded.
• * 1.270

  Doubts in pro∣curations by whom to be proued &c.
• * 1.271

  Commissions subiect to Ar∣bitrators.
• * 1.272

  Procurations to continue after death &c.
• * 1.273

  De Constituto.
• * 1.274

  Alteration of the case with Factors.
• * 1.275

  Ample Com∣missions with an addition.
• * 1.276

  A Passionate Commission.
• * 1.277

  Difference by Law betweene a Factor and a Seruant.
• * 1.278

  Commodities bought and sold.
• * 1.279

  Batter.
• * 1.280

  Bills of Debt.
• * 1.281

  Customes.
• * 1.282

  Prohibited commodities.
• * 1.283

  Monyes.
• * 1.284

  Lost goods.
• * 1.285

  Damnified Commodities.
• * 1.286

  The Parecer of Merchants.
• * 1.287

  Losse by money.
• * 1.288

  Letters of Credit.
• * 1.289

  Exchange and Rechange.
• * 1.290

  Limitation of Letters of Credit.
• * 1.291

  The Efficient Cause alwaies to be regarded
• * 1.292

  Fraighting of ships.
• * 1.293

  Bills of lading.
• * 1.294

  Protest for not lading.
• * 1.295

  Goods to be abandoned for the fraight.
• * 1.296

  Money giuen for fraighting.
• * 1.297

  Assurance.
• * 1.298

  Composition made without order.
• * 1.299

  Accounts.
• * 1.300

  Rhodian Law.
• * 1.301

  The Law of Oleron.
• * 1.302

  Admiraltie Court in France.
• * 1.303

  Witnesses in causes Mari∣time.
• * 1.304

  Difference be∣tweene cauti∣on in the Ad∣miraltie, and baile at the Common Law of England.
• * 1.305

  Regall con∣tracts, called by the Ciuili∣ans Solemne.
• * 1.306

  Notariall con∣tracts called Publicke.
• * 1.307

  Conditions of a Merchants Contract.
• * 1.308

  Defectiue con∣tracts.
• * 1.309

  Tendering of commodities sold by Con∣tracts.
• * 1.310

  Verball con∣tracts called Priuate.
• * 1.311

  The most be∣neficiall con∣tract.
• * 1.312

  The Pope his Merchandize.
• * 1.313

  Merchants Contracts are to be plaine.
• * 1.314

  Fisher-men are to be re∣spected vpon Contracts.
• * 1.315

  The first da∣mage vpon Contr••cts to be regarded.
• * 1.316

  Penalti•••• vp∣on contracts.
• * 1.317

  Obseruations in partable contracts.
• * 1.318

  Verball con∣tracts for mo∣ny &c.
• * 1.319

  Notariall con∣tracts surest.
• * 1.320

  Extrauagan contracts.
• * 1.321

  Conditions to be obserued in them.
• * 1.322

  Mony payable at the returne of the Fleet.
• * 1.323

  The descrip∣tion of a Banke.
• * 1.324

  The maner of the Bankers paiments.
• * 1.325

  The Bankers trade.
• * 1.326

  The beginning of the Banke at Amsterdam.
• * 1.327

  Bankrupt.
• * 1.328

  A Facultie Royall, or Pro∣tection.
• * 1.329

  Bills of lading.
• * 1.330

  Charter-party
• * 1.331

  Law of Oleron.
• * 1.332

  Qui Tacet con∣sentive videtur.
• * 1.333

  Rhodian Law.
• * 1.334

  Admiraltie Cases.
• * 1.335

  Condition maketh Law.
• * 1.336

  Aueridge.
• * 1.337

  Fraightings by tunnage.
• * 1.338

  Pesterable wares or com∣modities.
• * 1.339

  A merrie tale of Carons wa∣ger.
• * 1.340

  A sophisticated Argument.
• * 1.341

  Equitie in sea∣faring causes much to be regarded.
• * 1.342

  Pilotage. Primage. Petilodme∣nidge.
• * 1.343

  Law of Oleron.
• * 1.344

  The dueties of a Master of a Ship, &c.
• * 1.345

  Ignorance is here a good excuse.
• * 1.346

  Law of Oleron
• * 1.347

  S••etonius.
• * 1.348

  Lombard-street, then the Exchange of Merchants.
• * 1.349

  Fraudulent Assurances.
• * 1.350

  Prices of Assu∣rances.
• * 1.351

  L••sses to b•• well conside∣red of, in the behalfe of the assurors.
• * 1.352

  Lawes against vnskilfull Pi∣lots.
• * 1.353

  Contribution for Pirats.
• * 1.354

  Contribution for spoyled goods.
• * 1.355

  Contribution for lightening
• * 1.356

  Contribution for Pilots.
• * 1.357

  First come, first serued.
• * 1.358

  Letters of Mart.
• * 1.359

  Detainment of Princes.
• * 1.360

  Priuiledged Ships.
• * 1.361

  A Prouiso in the Policies of assurance.
• * 1.362

  Arrests vpon Ships.
• * 1.363

  Barratrie of the Master.
• * 1.364

  A case to be considered in Assurances.
• * 1.365

  A rare custome in Assurances.
• * 1.366

  Three sorts or manner of goods token vpon the sea.
• * 1.367

  Renunciation of goods.
• * 1.368

  Proofe of the Assurors.
• * 1.369

  Custome to be aboue law in this particular
• * 1.370

  Floatson. Lagon.
• * 1.371

  Ietson.
• * 1.372

  Allow••ee to Diuers in the Seas.
• * 1.373

  Law of Oleron.
• * 1.374

  A Master pla∣ced by the Owners.
• * 1.375

  Difference be∣tween interest money and Bottommarie.
• * 1.376

  Locatio, or hire
• * 1.377

  Combination of interest mo∣ney and assu∣rance.
• * 1.378

  Contract of interest and as∣surance iointly
• * 1.379

  The Paralell of Equalities.
• * 1.380

  A ship which cannot drinke of all waters.
• * 1.381

  Of ship∣wrights.
• * 1.382

  Nauigation dangerous.
• * 1.383

  Sayling from Port to Port.
• * 1.384

  Of the buil∣ding of ships.
• * 1.385

  Of the owners or parteners of ships, and Masters.
• * 1.386

  Of the Masters office.
• * 1.387

  Of the hiring of Mariners.
• * 1.388

  Of Bottom∣marie.
• * 1.389

  Of Admiralty.
• * 1.390

  Of goods cast, or Aueridge.
• * 1.391

  Of shipwreck, and goods found at the seas.
• * 1.392

  Of other da∣mages at the seas.
• * 1.393

  Of discharg∣ing of ships, and deliuering of goods.
• * 1.394

  Of the Masters reckoning, and of the lading, &c.
• * 1.395

  Of wagesex∣traordinarie.
• * 1.396

  The law of Nations.
• * 1.397

  Of the varia∣tion of the Compasse.
• * 1.398

  Experience of former ages, doth confirme this imaginary Circle of the Zodiacke.
• * 1.399

  A very rare obseruation respecting the Latitude.
• * 1.400

  Renuntiation of goods in common.
• * 1.401

  Gen. 1.28.
• * 1.402

  By Diuine Law.
• * 1.403

  By the Ciuile Law.
• * 1.404

  By the Law of Nation and Customes.
• * 1.405

  Ad legem 1. de ter. diuisione. In §. nullius in tratt, de i••∣sula.
• * 1.406

  Visible Markes of Dominion.
• * 1.407

  Cases of ciuile Law, or Admi∣raltie.
• * 1.408

  Mathew of Westm.
• * 1.409

  Ranulph Cestri∣ensis.
• * 1.410

  Anno 973.
• * 1.411

  Mare Britani∣cum.
• * 1.412

  Mare Hiberni∣cum.
• * 1.413

  Mare Germa∣nicum.
• * 1.414

  Mare Deucali∣don.
• * 1.415

  Io Bodinus de Resp.
• * 1.416

  Graftons Chronicle.
• * 1.417

  Chro. Malmes∣bu••e.
• * 1.418

  Ioh. Hayward.
• * 1.419

  By ancient re∣cords and Treaties &c.
• * 1.420

  A rare booke remoining with the Arch∣bishop of Can∣turburie.
• * 1.421

  The ransome o' King Iohn of France.
• * 1.422

  Chro Holl••ng∣shed.
• * 1.423

  Chr. Froiszart. Guicc••ar••in and the said Treatise.
• * 1.424

  By original antiquitie.
• * 1.425

  Inuention of the Porteullis.
• * 1.426

  Graunts made for fishing.
• * 1.427

  By the Com∣mon Law.
• * 1.428

  The best mark of distinct do∣minions vpon the Seas.
• * 1.429

  Customes vp∣on comm••di∣ties due by the Law of Nati∣ons.
• * 1.430

  Rigorous dea∣ling for Cu∣stomes.
• * 1.431

  Abuse of fa∣uourable dea∣lings.
• * 1.432

  Strict orders for Customes at London, &c.
• * 1.433

  Permitted to breake bulke at Tilburie-hope.
• * 1.434

  To enter goods vpon sight.
• * 1.435

  Allowances made vpon Customes and Impositions.
• * 1.436

  Allowance vp∣on Clothes.
• * 1.437

  The pretermit∣ted Custome of Cloth.
• * 1.438

  Allowance for Tarra or Cask.
• * 1.439

  Custome.
• * 1.440

  Subsidie.
• * 1.441

  Imposition.
• * 1.442

  Impost.
• * 1.443

  Alcaualla.
• * 1.444

  Great Imposts
• * 1.445

  Examples of Wagers.
• * 1.446

  Custome the best interpre∣ter of Law.
• * 1.447

  Lawfull Wa∣gers and vn∣lawfull.
• * 1.448

  Ambiguitie, or Equiuocation in Wagers.
• * 1.449

  Merchants markes to be set vpon their bookes of accounts.
• * 1.450

  Danger to vse another mans marke, &c.
• * 1.451

  The Beare and Ragged staffe.
• * 1.452

  The Venetian Flag.
• * 1.453

  Bills of Entries in the Cu∣stome-house.
• * 1.454

  Selling by the Candle.
• * 1.455

  Ionas 1.7.
• * 1.456

  Luke 23.24. Iohn 19 24. Psal. 22.19.
• * 1.457

  Ioshua 7.14.
• * 1.458

  Acts 1.26.
• * 1.459

  Ioshua 14.2.
• * 1.460

  Prouerb. 16.33. & 1.14. & 18.18.
• * 1.461

  Plutarch.
• * 1.462

  The Tree of Fortune.
• * 1.463

  Caueat in Lotaries.
• * 1.464

  Fraud of goods sold by out∣cryes.
• * 1.465

  The right vse of Lotaries.
• * 1.466

  Societie of the Merchants Aduenturers.
• * 1.467

  Societies of East-Indies, Virginia, &c.
• * 1.468

  Partnership by Contract.
• * 1.469

  Partnership by imployment.
• * 1.470

  Engrossing.
• * 1.471

  Forestalling or Forestallers called by the Ciuilians Dar∣danary.
• * 1.472

  Commendable Engrossing.
• * 1.473

  A Society may become a Mo∣nopolie.
• * 1.474

  A Societie may become a Monopoly.
• * 1.475

  Preemption of Tinne.
• * 1.476

  Letters Pa∣tents for new inuentions.
• * 1.477

  The Farme of Tabacco.
• * 1.478

  Merchants vsing each others name.
• * 1.479

  Houses of Commerce.
• * 1.480

  Staples of Woolls.
• * 1.481

  Mensa Argen∣taria.
• * 1.482

  A question touching Mer∣ces Vaenales for Oppigno∣rations.
• * 1.483

  Titulus Man∣dati.
• * 1.484

  A dutch Pro∣uerbe Engli∣shed.
• * 1.485

  A caueat for Merchants.
• * 1.486

  Seuerepunish∣ment of Bank∣rupts.
• * 1.487

  The statute against Bank∣rupts.
• * 1.488

  Commission for the relief•• of prisoners.
• * 1.489

  Letters of Li∣cense giuen to debtors.
• * 1.490

  Restauration of credit.
• * 1.491

  A gentlemans priuiledge in Spaine.
• * 1.492

  Commissio∣ners for the Statute of Bankerupts.
• * 1.493

  The contents of the said Statute.
• * 1.494

  Definition of the word De∣coctor.
• * 1.495

  Punishments of Bankrupts.
• * 1.496

  Suspitious Debtors.
• * 1.497

  A question for suretiship.
• * 1.498

  Agreements to be made be∣tween a Bank∣rupt and his Credi••ors.
• * 1.499

  Bills of con∣formitie in Chancerie.
• * 1.500

  Fugitiue Mer∣chants.
• * 1.501

  Proclamation against fugi∣tiue Mer∣chants.
• * 1.502

  Nullo modo, How to be tak••n.
• * 1.503

  A question which concer∣neth the estate of Bankers.
• * 1.504

  Idlenesse the root of all euill.
• * 1.505

  New inuenti∣ons to be re∣warded.
• * 1.506

  Liue and let liue.
• * 1.507

  One extremi∣tie enforceth another.
• * 1.508

  To vndersell commodities is verie dan∣gerous.
• * 1.509

  Bogging of Peate and Turfe.
• * 1.510

  Commodities by the bogging of Turfe.
• * 1.511

  Apifacture of Hony & Wax.
• * 1.512

  The Beehyue of two pieces.
• * 1.513

  The poyson of Bees.
• * 1.514

  Bees Tabacco.
• * 1.515

  Equiuocall ge∣neration of Bees.
• * 1.516

  Plantation of Colonies of people.
• * 1.517

  Three Impo∣stumes or the world.
• * 1.518

  Plantation of Virginia and the Bermudus.
• * 1.519

  What people in France in numbers &c.
• * 1.520

  Too populous is dangerous in Monarchies
• * 1.521

  Fit places for plantation to be considered of.
• * 1.522

  The discouerie of the South∣erne countries called Terra Australis.
• * 1.523

  True causes to make planta∣tions.
• * 1.524

  Worthie con∣siderations for plantation for the fishing trade.
• * 1.525

  Penefits arising by reformati∣on about fish∣ing.
• * 1.526

  Couenient priuiledges to be granted.
• * 1.527

  An easie way for plantation.
• * 1.528

  The fertilitie of New-found-land.
• * 1.529

  Salt boyled to pre••erue fish.
• * 1.530

  Gen. 1.2 c. 22 ••
• * 1.531

  Psal. 104.
• * 1.532

  Scaliger, Bo∣din, Ca••dan, and others.
• * 1.533

  Originall of the fishing Trade.
• * 1.534

  That fishing is lawfull, ••easi∣ble, and profi∣table.
• * 1.535

  Proclamation of the States of the vnited Prouinces.
• * 1.536

  The scituation of Shotland Isle.
• * 1.537

  Places to sell Herrings.
• * 1.538

  Good orders in the fishing trade.
• * 1.539

  Commodious towns for fish∣ing in Eng∣land.
• * 1.540

  The first ob∣iection to the fishing trade.
• * 1.541

  The second obiection.
• * 1.542

  Answere to the first.
• * 1.543

  Answere.
• * 1.544

  The whole charge of a Busse.
• * 1.545

  The profit of one Busse.
• * 1.546

  Of •• Pinke.
• * 1.547

  Exhortation for the fishing trade.
• * 1.548

  The priuiledg∣es of fishers.
• * 1.549

  Lawes of Scot∣land for fishes taken.
• * 1.550

  Barrelling of fishes.
• * 1.551

  The fishing of New-found-land.
• * 1.552

  Necessarie points to be considered touching the fishing trade.
• * 1.553

  Greene-land fishing
• * 1.554

  The manner of Whale ketching.
• * 1.555

  A proportion for victualling of ships.
• * 1.556

  The allusion of Saint Dun∣stone.