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.

About this Item

Title
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.
Author
Malynes, Gerard, fl. 1586-1641.
Publication
London :: Printed by Adam Islip,
Anno Dom. 1622.
Rights/Permissions

To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.

Subject terms
Law merchant -- Early works to 1800.
Cite this Item
"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." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A06786.0001.001. University of Michigan Library Digital Collections. Accessed May 8, 2024.

Pages

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

COmming to the Assay-house, there we found diuers gentlemen desirous to see the manner of making of Assayes of Gold and Siluer, as also diuers Gold-Smiths which brought some ingots of Gold, but no Siluer at all, and here we were all courteously welcome, and our discourse was interrupted, and the Assay-master desired me to haue patience vntil his businesse were ended with the Gold-smiths, and so he would make the Assayes of our Siluer first, and then come to the making of our Gold Assay, which he would first teast before he should put some proportion of it to the triall of strong-water. The little furnaces were fired, and the Assay-master tooke foure copples or teasts, which are made of Bone∣ashes, & he did put them in the furnace quater corner wise, with the bottomes vpwards, and so let them remaine almost an houre vntill

Page 285

he had made an end with the Gold-smiths Assayes, to the end they should be throughly drie, to auoid the springing of the Siluer, and then he did turne them vpwards: and so cutting off some Siluer of our ingots on both sides, he did beate the same verie thin with a hammer, and weighing iustly the quantitie of fifteene graines, he diuided the same by euen portion of weight into halfe, and thereun∣to he tooke fiue times so much in thin purged Lead, and winding or inuoluing the Siluer therein, he did put the same vpon the seuerall copples two to two, and vpon the other two he did first put the Lead, and the Siluer afterwards when the Lead was molten, making no great difference in this: then with coales he did stop the furnace in∣differently, neither too hot nor too cold, vntill it began to driue, and then he made it hotter, and finding it to appeare bright, hee brought the copples one after another to the mouth of the furnace, there he let them smoake a little, holding them out and in before he tooke them out: Then taking off this Siluer, he weighed them one against another, and found them alike, whereby he knew his Assay was well made; and then he weighed them both together, and what they weighed lesse (than before) was Copper wasted. And he reported our Siluer to be eleuen ounces and foure pennie weight fine by the true proportion of the pound weight, which is to be taken accor∣dingly in the whole ingot, weighing some fortie pound weight; so that euerie pound of it did containe eleuen ounces foure pennie weight of fine Siluer, and sixteene pennie weight of Copper, making together twelue ounces for the pound, Troy weight: and so is finesse knowne by weight, and is properly fine Siluer as aforesaid. Hereupon I did aske him, whether the copple had drunke vp some little quanti∣tie of Siluer which might amount to two pennie weight in the pound weight of sterling Siluer by the computation of Siluer of se∣uerall finesse? and he answered me, it had without all doubt. The other Siluer Assay he reported to be but eleuen ounces fine.

After this, he tooke in like manner fifteene graines of our ingot of Gold, and putting the same to the teast, as aforesaid, to purge the Copper, (which he did with a hotter fire) he did bea the Gold with a hammer verie thin, that he could wind it vpon a little sticke round, to make it go through the necke of the glasse, and to worke the bet∣ter: and hereunto he tooke twentie graines of verie fine Siluer in like manner, and put them all together into the viall or glasse, and hereupon he did poure some strong-water, and put the same vpon coales, and there it did smoake and stand vntill it did smoak no more, and then it had wrought and separated the Siluer from the Gold, which remained whole, and the Siluer was turned into water; then he did poure out that water into another glasse with raine-water, which diuided your Siluer from the strong-water againe, and weigh∣ed the Gold againe, reporting the same to be twentie and three Car∣rats fine, by the calculation vpon the ballance of his subtle Assay: and then we went vp to deliuer our Siluer and Gold to the Warden

Page 286

of the Mint, whereof entrie was made in diuers and seuerall bookes of the Warden, Comptroller, Mint-master, and Assay-master; and the Mint-master did deliuer bills of the weight and finesse thereof vnder his hand to the Warden of the Mint, where we stayed to see our siluer molten and cast into ingots, for to be deliuered to the mo∣neyers to sheire the same by weight into small peeces for twelue pences & six pences: for it was allayed according to the sterling stan∣dard, and the Assay-master made another Assay of it (called the pot Assay) and found the same to be standard, whereupon we tooke our leaue and departed: and here also he affirmed vnto me, that the cop∣ple had drunke in the like small proportion of siluer. The next weeke following I went to receiue my satisfaction in coyned moneys, which were brought vp to the Warden, and he perused them, whether they were well coyned without crackes or flawes, and as the Monyers brought them vp in trayes, he tooke out some peeces not well made and cut them a sunder with a sheire, and some peeces he weighed, and then tooke some other peeces and put them through a hole into a box kept vnder seuerall keyes, and some peeces he deliuered to the Assay-master to make triall of. And after I had receiued my money by weight for weight of my bullion, I went to the Assay-master and saw him make an Assay of the said moneys in like manner as the other, with fiue parts of lead, and hereupon I tooke occasion to aske him, whether the last and supreme triall of the moneys (which was made commonly once a yeare before the Lords at the Star-chamber) was done in like manner? And he answered me, it was, and withall he desired me to resolue the question betweene the Warden and the Mint-master, concerning the two pennie weight of siluer hid from report (as it is supposed) according to our former conference? I told him, that according to the issue ioyned between him and me, that the Mint-master had not pocketted vp any such two pennie weight of sil∣uer (as his account was charged withall) I would make that plaine by demonstration, which he said was his desire, whereupon I framed my answere as followeth.

I make no doubt (sir) but you haue marked my obseruations of the foure seuerall Assayes made concerning bullion and money, namely, the first of the Ingot before melting, the second of the pot Assay af∣ter melting, the third of the moneys compleate made thereof, and the fourth and supreme triall of moneys at the Star-chamber (as it were) before the King and his Councell, all which (being done in manner alike) you haue from time to time told me, that their opera∣tion or effect was also alike: for the triall of the Ingot, there the cop∣ple had drunke in two pennie weight of siluer: for the Pot Assay, there two pennie weight was drunke in also: the Assay made of the compleat moneys hath drunke in the like two pennie weight: and last of all the highest triall of all hath drunke in the like two pennie weight of siluer; how can it then be pocketted vp by the Mint-ma∣ster, when it was in the bullion, remaining in the pot, found in the mo∣neys,

Page 287

and confirmed to be so by the supremest trial? and why should the Mint-Masters account bee charged, either with an imaginarie or substantiall thing which he neuer had or inioyed? To this the Assay∣master answering (rather by signes than words) said, It was other∣wise taken and vnderstood, and himselfe tooke now better notice of it, and wished that Truth might preuaile, according to the saying, Magna est veritas, praeualet, praeualuit & praeualebit; and so ended our supposed discourse.

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

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

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

Page 288

They vse also a manner of speech to say, Twelue shillings to the marke pound, euerie shilling twelue pence, and euery penny twentie foure graines, is 3456 graines in the marke; all which is done to make the knowledge of these things intricate. In like manner for the sheiring of their moneys, they will for euery peece make a penny, as if there be made seuentie eight peeces out of a marke, they will say it ☞holdeth sixe shillings and sixe pence in the sheire, or for 62 peeces fiue shillings two pence, and so obscure things to take aduantage vpon others. For the Mint-masters of the Low Countreys and Germa∣nie, are verie experienced in Mint matters, and the assayes being made vpon the graines, may deceiue much if (by triall) the calculati∣on be not rightly made; and if the said Mint-masters were not sub∣tile, yet the Generalls, which follow the Prince or State, doe no∣thing else but studie these things alwaies: therefore let vs obserue more particulars of their proceedings as followeth.

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

When the triall of the Box is made, if there be quantitie of coyne

Page 289

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

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

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

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

Gold-smiths are appointed to worke Gold of twentie two carrats fine, but the triall is made by the touch-stone onely, with an obser∣uation of the rubbing-strokes vpon it to bee alike and of the same strength, which is worthie the obseruation, for otherwise you can

Page 290

giue no true iudgement. There is also an easie scaling of Gold to be made to fall from the Siluer, as it was layed on by the meanes of Quickesiluer.

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

To refine Gold with Cementation without Strong-water, which is costly.

TAke eight pound of Flanders Tiles, three marke Copperas, 1 ½ marke, Allome, ¾ of a marke of Salt, and two ounces Saltpeter; all being mingled and calcined together, take a great crusible, put this Cement one finger thicke in the bottome, then lay some of your Gold beaten thin (or if it be golden coyne) vpon it, and then of your Cement againe vpon that, and thereupon Gold againe, which the Alcumists call Stratum super stratum, and couer your crusible with tiles leauing a little hole: then begin Lento igne, and afterwards with a great fire let it stand foure, fiue, or more houres, and all the Allay will be in the Cement; to take the Siluer out of the Cement, take foure markes Cement, and three marke Potters Lead; two marke of Tiles, foure ounces of Dodecum, foure ounces Saltpeter, and doe as before: or else you may take out the Siluer by quicksiluer, as I haue declared in the former Chapters.

To blaunch Siluer in a basin of red Copper, which must be done before it be coyned; take foure gallons of raine-water, two marke of red Tartar or Argall, and one marke salt, cast your Plates (being red hot therein) and stirre the same, as you did before in the dissolu∣tion vntill you find the same white enough; and after it is coyned then you must colour it, putting the same into great trayes, and with water sprinkling them vntill they be moist, but not wet; then put the colour vpon it tossing and tumbling them, and being put into a Mel∣ting pot, let them be red hot, and then cast them into water. To make this colour, take to twentie pound weight of money, three ounces of Sall Armoniake, two ounces Saltpeter, halfe an ounce Verdegreis, and halfe an ounce Copperas, calcine them together for that pur∣pose, &c.

To conclude with the refining of Siluer with a great Teast, which must be red hot two or three houres, trying the same with Lead if it doe not spring, the Teast must bee for double the quantitie of your course Siluer, and accordingly you are to take more or lesse Lead: to driue out three pound of Copper is twentie foure pound Lead requi∣site, but is not to be put all at once; then blow vntill the same doe driue off and the Siluer remaineth, which take out suddenly, &c. ({inverted ⁂})

Notes

Do you have questions about this content? Need to report a problem? Please contact us.