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'^'■
GEORGE R.
GEORGE the Second, by the Grace of God, Kins of Great-Britain, France and IrtlaiiJ, Defender of
the Faith, Wf. To all to whom thele Prefcnts fhall come, Creetins: Whereas Our Trufty and Well-
beloved WTNDHAM BEAIVES, of our City of London, Merchant, hath, by his Petition, humbly
reprefentcd unto Us, That he has with great Labour, Application, and Expcnce, compiled a Uody of Trade,
under theTnXeof LEX MERCATORIA REDIFI^A, or The MERCHANTS DIRECrORTy
which conuins every Particular relative to the Commerce, not only of thele Kingdoms, but of all the known
World, and does alio explain, in a more full and ample Manner, than hath hitherto been done, the Nature of
Exchanges, Infurances, Bankruptcies, Bills, Obligations, and every other Circumftance proper for a Mci^
chant's Knowledge, by which he may be fully guided in all his Tranfaftions in every Branch ot Trade ; and
that, tho' it be more particularly adapted for the Inftruftion and Government of Men in their Commercial
Engagements, yet its Utility is not confined to thefe only, hut may, occafionally, be of Ufc, and Service, to
all other Our Subjefts -, as the Lawyer will be advifed, therein, of what Difputes have occurred in the differ-
Ciit Parts of Trade, and how the fame have been decided in Our Courts of Jufticc ; and the Senator and
Gentleman informed of the many Advantages which Trade brings to the Nation: That the whole will be
comprized in one Volume, in Folio, and the Petitioner hopes may prove the moft ufeful Book of its Kind
hitherto publilhed ; being the Produfts of a Thirty Years Experience in Mercantile Affairs, by him, (tljc
Petitioner) and of his CoUeaion of Materials, during the Term, from the beft Writers in moft Languages »
and that, as fuch a Work is greatly wanted by the Publick, and, confequently, may be of general Ufe and
Advantage, the Petitioner hath, in regard to the Premiles, moft humbly prayed. That We will be gracioullf
pleafed to grant him Our Royal Licence and Privilege, for the fole Printing, Tublifhing and Vending the faid
Book, for the Term of Fourteen Years, agreeably to the Statute in that Behalf made and provided : Wc
being willing to give all due Encouragement to Works of this Nature, which may be of publick Ufc and
Benefit, arc plealed to condefcend to his Requeft, and do therefore' by thcfe Prefcnts, fo far as may be
agreeable to the Statute in that Bclialf made and provided, grant unto him, the faid If'yndbam Beawts, his
Heirs, Executors, and Afligns, Our Royal Privilege and Licence, for the fole Printing, Publilhing and
Vending the faid Book, for the Term of Fourteen Years, to be computed from the Date hereof j ftridUy for-
bidding and prohibiting all Our Subjeifls, within our Kingdoms and Dominions, to reprint, abridge, or
tranflate the lame, either in the like or any other Volume or Volumes wiiatfoever, or to import, buy, vend,
utter, or diftribute any Copies thereof, reprinted beyond the Seas, during the faid Term of Fourteen Years,
yrithout the Confent arid Approbation of iii:n the faid / yndhmn Beawes, his Vltirs, Executors, and Adigns,
by Writing under his or their Hands and Seals firft had and obtained, as they, and every of them, offending
herein, will anl^.vcr t!ie Contrary m their Perils -, whereof the Commiffioners and other Officers of our Cuftonw,
the Mafter, Wardens, and Company of Stationers of Our City of London, and all other Our Officers and
Minifters whom it may concern, are to take Notice, that due Obedience be rendered to Our Pleafure herein
fignified. Given at Our Court at St. yames's the Eighth Day of March, 1750-51, in the Twenty-Fourtb
Year of Our Reign.
By His Mtijrjh's Ccmmand,
HOLLES NEWCASTLE.
T
Jtijl piibUpoed, in a FO LT ?^ LU ME,
(Price 10 s. ill Boards, and 12 s. Bound)
HE UNIVERSAL NEGOTIATOR: Or. Correft Tasles for calcur
Liting the EXCHANGE between LONDON and
PARIS,
AMSTERDAM,
HAMBURGH,
VENICE,
GENOA,
D U B L I N, &c.
MADRID,
LISBON, and
OPORTO,
By which any Sum of Foreign Coin may be reduced into Sterling, and Engiifli Money into the
Species of the different Countries we exchange with, by Infpeftion.
Calculated for the prefent Courf<* of Exchange.
By W Y N D H A M BEAWES, Efq;
Every Figure has' undergone a firidl Examination, and been checked hy fwo Perfons, that no Mijiake
might efcape. The Manner of calculating the Sums hy the Rule of Three, and the Tables, is prefixed to
each of them, with the Names of the feveral Foreign Monies, that Books and ylccounti are kept in.
The Figures are very dijlin£l, and purpojiily printed larger than common, toftiit every Eye.
W. B E A W E S.
^S^'
«»•».
Lex Mercatoria Rediviva:
OR, THE
MERCHANT'S DIRECTORY.
BEING A
Complete GUIDE to all Men in Business,
WHETHER AS
TRADERS,
REMITTERS,
OWNERS,
FREIGHTERS,
CAPTAINS,
. \ FA
SU
J I AC
INSURERS,
BROKERS,
FACTORS,
PERCARGOES,
GENTS.
CONTAINING
An Account of our Trading Companies and Colonies, with
their Eflablifhments, and an Abftra£^ of their Charters ; the Duty
of CONSULS, and the Laws fubfifting about ^//^//j, Natu-
ralization and Denization,
TO WHICH IS ADDED
A State of the prefcnt general Traffick of the whole WORLD; defcribing
the Manufactures and Products of each particular Nation : And TABLES
of the Correfpondence and Agreement of the European Coins, Weights, and
Measures, with the Addition of all others that are known.
rth
Extrafhd from the Works of
The bcft Writers both at Home and Abroad ; more efpecially from thofe juftly celebrated ones of
Meflieurs Savary} improved and correfted by the Author's own Obfervations, during his
long Continuance in Trade.
The whole calculated for the V^o. and Service of the Merchant, Lawyer,
Senator, and Gentleman.
The SECOND EDITION, with Large ADDITIONS.
By IFTNDHAM BE A WES, Efq;
His Bntannick Majcfty's Consul at Seville and St. Lucar.
LONDON:
Printed for R. Baldwin at the Rofe, and S. Crowder and C. at the Looking-
Glafs, in Pater-Nojisr-Row.
M
m
M.DCC.LXI.
■I
w"r Tr?o io
■fDrnn.
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1 V
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M O
TO TrtE RIGHT HONOURABLE
ARTHUR ONSLOW, Efq;
Speaker of the Hdufe of Commons.
s I R,
YOUR Readinefs on all Occafions to affift the
Improvement of this Kingdom's Trade, and
render it flouriftiing, encourages me to hope
the Means leading to it will meet your Approbation
and Patronage : And as I flatter myfelf with the Belief
that the following Work may in fome Meafure be con-
ducive to fo defirable an End, I take the Liberty to fup-
plicate your Protection of it 5 begging you to admit its
Dedication, as a juft Homage for your continual Endea-
vours to promote the Increafe of Commerce, and as an
Expreffion of that Deference I pay to thofe exalted Vir-
tues for which you are fo juftly and eminently diftin-
guifhed. Your Compaflion to the DiftrefTed, your Cha-
rity to the Neceflitous, and your benevolent Humanity
to All, render you the Darling of thofe honoured in your
Acquaintance, and your Name-revered by every one not
fo happy ; though the Difplay of thefe Excellencies ferve
only as brightening Touches to the relplendent Rays of
that Ihining Charadler your great Abilities and Integrity
in publick Affairs have procured you. 'Tis thefe that
have fo repeatedly recommended you to an Election you
have Reafon to glory in, as unprecedented, and a plain
Acknowledgment of your Capacity and Merits, by that
great and honourable Body of Men, whofe Prefident their
a unanimous ■
iv DEDICATION.
unanimous Choice has (b often made you, and for the
worthy Difcharge of which Office you are Co univerfally
admired. And, though you only feem infeniible of the
rare Talents (b confpicuous m all your A(S^ions, and
your known Modefty chains every Pen from an Attempt
to record them, yet the Regard paid them now will
convey their Remembrance to Futurity, and their Pof.
feflbr be efteemed and reverenced equally by the prefent
and fucceedinp Ages. But 1 ought to condder that the
Moments of the Great are precious 5 and therefore, not
to incur your Difpleafure, whilft 1 am folliciting your
Favour, permit me only to gratify my Ambition, in con-
tinuing to fubfcribe myfelf, what your Goodnefe has
made me,
1^
S / K,
Tour mojl OS/igeJf
And Obedient Humble Servant^
1 1,\ I
ifili
jniii/o
lUOW
WYNDHAM
BEAWES.
■Ml '^ •
hsili-
i;o7 no.
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,;*•.
,
THE
PREFACE
T O T H E
READER.
TH E following Sheets are the Produfts of a leifure Seafbn,
which I was perfuaded to believe I could not better employ
than in compofing a Work long wanted, and confequently
long wiflied for, by the Commercial Part of Mankind.— And, as the
Publick has an undoubted Right to challenge every thing from its
Members that may prove conducive to, or promote, a general Utility ;
confcious of this Obligation, I the more readily engaged in the fubfe-
quen'. Work, with the Hopes of being ferviccablc (at Icaft) to many
whofe Entrance into Bufinefs might need fome Afllftance and Direc-
tion, tho' at the fame time not defpairing of its being alfo ufeful to
thofe of a longer (landing and Praftice ; if not as an Inftruftw, yet
as a Remembrancer, which they may turn to for the Solution of any
Difficulty occurring in the Ck>urfe of Trade.—Thefe powerful Mo-
tives induced me to conunence Author, and to rifque the Cenfures
of the Uncandid in purfuance of fo laudable a Defign, being anima-
ted thereby to undertake the arduous Talk, and exert my beft En-
deavours for the Publick's Service, which I have the Pleafure to fee
abundantly rewarded in its kind Acceptance of them.
I have indeed long regretted to obferve, that a Treatife of (b be-
neficial a Tendency mould, in a Trading Nation like this, continue
fo much negledled, when many Trails on every other (even the moft
trifling) Subjed are daily publiflied ; and thofe few which the Prefs
has given us on the lefs important Parts of Commerce are generally
fo erroneous and defedive, that they are to be little regarded, and Icfs
depended on: To remedy which, and to fupply the Supinity of
others.
VI
PREFACE.
others, I have already faid, were the Incitements to quit my Obfcii-
rity : And I Hull now give fome Account of the following Work,
and of the Steps I have taken to make my Appearance in as favour-
able a Light as pofllble.
The major Part is an acknowledged ColleAion, or TranHation (as
fuch general Works muft be) from the bcft Authors, who in moft
Languages have wrote on the Subjcdt, and more cfpecially from
Monf. Savory % DiSlionaire de CQttttnerce\ correded, however, and
fupplied by thofc Obfervations which a thirty Year's Pradlicc, more
than half fpcnt abroad, and not negligently run through, had ena-
bled me to make : And I think I may, without Vanity, in fome Mca-
furc deem myfelf a competent Judge in thefe Affairs, that have been
my chief Study and the principal Bufmefs of my Life : Yet I readily
fubmit my Labours to the Cenfure of fliperior Abilities, and rather
wi(h than fear to fee them improved to the Advantage of my Coun-
trymen ; being confcious, that, notwithftanding all my Care and
Afllduity, they ftand in need of great Indulgence, for which I muft
rely on my Reader's Candour. And I owe my Acknowledgnurnts
(which I defire in this publick Manner to pay) to that worthy pro-
moter of Trade, Mr. R. Nor cliff e of Hull., who generoufly furnfflied
me (even unafked) witli many judicious Renurks on the Traffick
of Denmark^ Norway^ and the Sound ; from which I cxtraded the
greateft Part of what I have faid about it. Francis Mannock, Efq;
favoured me with the Impofts on Merchandize at Cadiz ; as Mr.
yobn Debonaire did with the Trials about Non-compliance with ac-
cepted Bills (in which he was a Party) in Portugal, and with an Efti-
mate of our Commerce to that Kingdom. Mr. John Heaton,
(a Gentlemanof the greateft Candour and Benevolence) and Mr. yohn
Rayner, both Attornies, • and defervedly placed among the few at
the Head of their Profeflion, were fo kind as to lend me fome Af-
Ilftance ; as Mr. Cranuford, and Mr. , two other noted Attor-
nies did : By all whom I beg my Thanks may be accepted.
The Form I have put my Bouk in, I believed would beft fuit my
Intentions of having every Particular readily turned to, as Occafion
ftiould require, which the large Contents at the Beginning, and ex-
tensive Index at the End, will immediately lead my Reader to. And
as every Subjed is placed by itfelf, the Chain of Reading is not broke
through, as it is in the Di^ionarial and fome other Methods ; there-
fore I hope this, which I have elefted, will be approved.
And though a ColleAion is not eftcemed to carry with it a Proof
of Genius and Underftanding like a genuine Compofition, yet the
Labour muft be allowed greater, as 'tis certainly more eafy for a Per-
fon to pen his own Thoughts than dcxtcroufly to fclcd and range
5 thofe
PREFACE.
thoTe of othen ; more efpecially if he has them to feck, comp&re,
and coT'^t from a Urge Variety of Authors in different Languages.
This has been my Tafk. And I wiHi my Performance may be look-
ed on like the Bee's Indufhy ; as Honey will not lofe its TaAe, or
Virtue, by refleAing that that Infcd was only a Colledor, not Au-
thor, of its Swcetnefs.
VU
The prefent Edition appears with added Improvements; (o that
every Ad of Parliament pafled fince the Publication of the lafl Edi-
tion, relating to any of ttie Subjedls herein treated of, has been pro-
perly noticed, and no Alterations regarding Trade and Commerce,
to the preicnt Time, have been unremarked for the Reader's Bene-
fit : Therefore the enquiring Merchant or Trader will be at no Lofs
for any Particular he would confult, either for hi? full Satisfadion
in his Buflnefs, or of his Curioflty. I believe, al(b, that Care has
been taken to (end it corred from the Prefs. I have fome Hope, on
thefe Accounts, that I (hall not lod* any Part of the Reputation I
have acquired by the Work.
THE
THE
CONTENTS
jf N M/lorictl Dtdultm »f Trade J^m its OrigfnJ Pige
•^* Of Merehantt, vbttbtr Natives or Foreignert i tbehr Cbart&tr j fimt
DirtHioHt fir tktir prudent Coming, tmd an jUJraH cf tit Lavt
in Force conetrnmg tiem
O/FaSlon, Supercargoes, and jlgents
Of Ships Owners, Captains, and Sailors
Of Freight, Charter-parties, Bills rf Lading, Demorage, and Bottmrf
Of Balkji
Of Pilots, Lodefmen, or Locmen
Of Ifrecks, viz. Flotfam, Jetfam, and Lagan
Of Salvage, Average, or Contriiution
Of Ports, Havens, Light- Houjes, andSea-Marit
Of Letters of Marque and Reprifal
Of Privateers or Capers
Of Pirates and Sea Rovers
Of Convoys and Cruizers
Of Captures, Condemnations, and Appeals
Of Bills of Health and ^t^rantine
Of Embargoes, or Reflraint of Princes
Of Protections, Pajforts, and Safe-conduit i
Of Leagues and Truces
Of Proclamations for War and Peace
Of the Admiralty
Of Conjiils
•9
41
Of Infurance
Of Arbitrators, Arbitrament, Arbitration Bonds, and Awards
Of Aliens, Naturalization, and Denization
Of Banks and Bankers
Of Ufurf
Of Cujfoms and Cuflom-Houfe Officers
Of Porters Rates for Landing, See. of fame Sorts of Goods
Of Carts and Carmen
Of Contrasts, Bonds, and Promiffitry Notes
Of Bills of Exchange, and about the crofs-ones o/" Europe, known to Foreigners
under the Denomination of Arbitrations of Exchange
Of Brokers
Of the Par of Monies
Of Arbitrations
Concerning Bankruptcy
Of the General Trade of the H^or/d
England
Wales
Scotland
Ireland 586 (t
lol
118
122
130
'^i
138
198
204
aas
236
242
ibid.
244
24J
259
263
Z°7
3«4
320
366
392
393
405
458
458
465
485
565
579
580
660
Of
conte;ijts.
Of tht *frt4t ^tvHtH Great-Britain and France
HolUnii
Germany
Spain
Portugal
OfMt-Britain'/ 7radt with Italy, incbidiitg tfiiatr this Dtmrnu/iMtwi Venice,
Naplci, aW Sicily, Genoa. Leghorn, Ancona. Cfc.
Of tit 7rtde ttrriti m iy Graat-Britain mth Turkey W Rarttary
Africa
AHa
America
Of tht South-Sea Company
Of the Hudfon'i-Bay Company
Of Carolina'/ Gmtral frtuk
%hf GemraJ frtdt ^ Virginia
Maryland
New-York
Penfiivania
Tbt Julkyt «nd New-Eogland
Nova-Scotia
Georgia
Barbadoei
St. Chriftophcr'fi, Nevis, («r Mevit) and tht 6tbtr
Caribbee (Jiandt
Jamaica
The Lucayus, or Bahama IJUt
The Bermudas, or Summer JflanJt
Newfoundland
Am Account of iot Trade between Great-Britain and Mufcovy, carried on by
the Ruflia Company
Of the Trade between Great-Britain, Denmark and Norway, Sweden,
Poland, PruOia, and the hvAx'\^x\ Netherlands
Of the Produth, Manufaiiuret, and Trade, of France
Of the Trade of Spain
Portugal, and their African Company
Italy
Of the Levant Trade, and that on the Coaji of Barbary
Of the Trade of the Archipelago
Q^ the Trade of Africk
The Trade of the Canary IJks
Of the Trade of M\z
Of the Trade of the Gulph 2/"Perfia
Of the Trade of Sumatra
Borneo, Crimati, or Crimatia
Of the Molucca, or Molucque Iflandt
Of the IJles of Banda
Of Amboina
Of the Philippines, or Manillas
Of the IJlet oj Thieves, or Ladroncs
Of the IJlet of Japan or Japon
Of the Trade of Jeflb
Of the Trade on the Coajis of Spaniih America in the North Sea
Of the Commerce of the Spaniln American CoaJls in the South Sea
Of the Trade of the French America
Commerce of the Portuguefe America
Of the Trade ^' Holland
Concerning the Trade ^' the North and tfx R^tidc Sea
Of the Trade ^' DonmfWk
Cmctmit^ the Souad
Ooo
ibid.
610
6,4
619
630
6j8
639
040
ibid.
64,
648
ibicC
649
652
655
ibid.
6j6
659
672
690
696
699
711
■721
724
739
74'
789
790
791
794
79|
796
797
798
799
802
805
810
811
8t2
81C
8j6
817
0/
CONTENTS.
Of the Trade of Norway 816
Of the Trade of Courland, Pruflta, aim/ Pomerania 833
Of the Commerce of \Mfiim3i, and its frhwipal Cities 835
Of the Commerce carried on at Archangel, and other Places of Mufcovy 836
Of /.:.- Trade of Sw.^^en 840
Of the Comtnerce of S vitzerland and Geneva 843
Of the Weights uCed tbrouvhout Great-Britain 851
Of ihofe I fid in France, Holland, Coningfbere;, Dantzick, Elbtng, Stetin,
L^ih?;;k, Breflau, Bremen, Naumbourg, Erfurt, Berne, Cologne, Ghent,
Brulfels, Malines, Bruges, Lifle, St. Malo, Bayonne, Genoa, and Rome 852
Leghorn, Florence, Lujca, Palermo, Venice, Biologna, Bergame, Naples,
Smyrna, Conftantinople, <7a/ Aleppo S53
Tripoli, Seyda, Alexandria, and Grand Cairo 854
A Table of the Agreement -which the Weights of the principal Places in Europe
have with each other 855
Ditto of the Dry Meafures for Corn 856 to 860
ATaole of the Agreement of diverfe Meifureswiththofe g^Amfterdam, Paris,
«/7</fiourdeaux 860 to 864
An AhjlraSi of the correfpondent Weights and Meafures of the different Species
cf Corn in Flanders and Germany 865 to 867
Ditto of Long Meafures 867 to 869
A Table of the A^eement which th^ Long Meafiires of the chief Places in
Europe have with each oti,:" 870
The Meafures ot France and othe. Countries reduced into Feet., Inches, and Lines 871
The CorreJPondency of the Length of a Foot in diverfe Piines ibid.
Of Dry and Liquid Meafures 872 to 874
Of Coins, bctb Real and Lnaginary, in all Countries 87^ to 886
An Alphabetical Lift of the Coins, Weights, and Meafures, of Afia, &c. 886 to
the End.
THE
AN HISTORICAL
DEDUCTION OF TRADE
From its ORIGINAL
COMMERCE is almoft is old as the Creation, and a very fmaO
Increafe of Mankind proved its Utility, and detnonftrated the natural
Dependance our Species had upon one another: Their Employs were
(by the wife Difpofition of Providence) fuited to their Wants; and
the diligent Difcharge of the one (by his Blefling) rendered fufHcient to fupply
the moderate Cravings of the other; and tho' Tilling of the Earth, or Feeding ot
Flocks, were the fole primevous Labours^ yet (limited as they were) they could
not be exercifed by our firft Parents, with that Comfort their great Creator
defigncd them, without a mutual Cerrefpondence and Traffick, as the Hulband-
man's Subfiflance would have Been poor without the Grafier's Help, and the
latter's comfortlefs, under the Want of Corn, Fruits^ and Pulfe to his Milk;
this led them to an Exchange of Commodities; and thus Commerce commenced
in the Infant World, and fo continued whilft our Progenitors could content them-
felves with |hefe Riches of Nature, and were not obliged by a growing Pofterity,
to alter their Method in difpofing of them. But when this became the Cafe,
and buying and felling by the Intervention of Money was found moft convenient
in their commercial Engagements, this Method was invented and adapted in lieu
of Barter by the moft polifhed Nations, and fo handed down to us, with the
Exception of thofe Savages, (and fbme People rtot much better) where the Ufe
of Coin has hitherto remained unkiiovv a, and their Traffick carried on in its
primitive Way, though not always \vith its native Simplicity. But before this
Alteration, and great Increafe of Mankind, their Defires were eafily fatisfied, as
their Wants were the Boundaries of them; they contentedly made the Fleece of
their Sheep ferve them for Cloathing, and their Hunger found a ready Supply
from their Gardens and Kine : a neighbouring Spring flacked their Thirft; and
a Tree, or a Tent, was fufficient to defend them from the Inclemencies of
Weather, in thofe Climes where the firft Race was fettled Their Labour
procured them a fatisfadtory Support, and the Produfts of the Earth and Cattle
fervcd them both for Neceftaries and Regales, till their Corruptions brought ill
Fraud, and this gave Birth to Avarice and Violence; the Stronger began to invade
the Weaker; and as thcfe opprefllve Acquifitions could only be maintained by
Force and Policy, Cities wer built, and Governments formed; and when by
this Means an aggregated Nunrber fwelled to too great a Magnitude^ to have
their Ncceflities fupplied by their neighbouring Territories, they were compelled
to feek for remoter Helps, by Commerce, deftroying thole halcyon Days,
pregnant with the Blefling of Health and Peace, by the Introdudion of Luxury
and Excefs, which fpreading as Trade did, carried with them a long Train of
Mifchiefs and Difeafes, quite changing the Face of the primeval Golden Age,
fo replete with Quiet and Tranquihty: Diftempers and Difquiets flowed in from
this Defection ; and our unliappy Forefathers no fooncr quitted the Rules of
AbAincnce and Moderation, than they found this Deviation and Chang<)
productive of a thoufand Ills, deftrudive both to the Eafe of Mind and Body.
Hut though thele were the fatal Confcquences of Commerce thus abufeJ, yet
the Growth of \ltiatcd Mankind, and the pcopHng thereby of different Parts
B &ad
f
tl
An Hiftorical DeduSiion o/'Tr a de
and Ccntinents, rendered the Continuation of it abfolutely ncccflfury for their
Comfort and Support; and Life itfclf would have proved burthenfome, without
this Means of mutuaJ Affiftance, which, in prooefs of Time, encreafing as
Mankind did, and Mens Views and Defigns being extei;ued in proportion to
their Defires, Trade was no longer limited to the providing Neccffaries only,
but Profit was fought in, and became a Motive to, the carrying it on ; which,
however, might occafionally have promoted botli Unity and Charity among
dKm, had the Correfpondencc been conduced with mat; Sincprlfy it ought;
and' by this Means rendered produdtive of thofe reiipfocal -Bendits and
Advantages, that naturally accrue from the Supplying the Wants of one
Country, with the Superfluities of another. And though the Degeneracy of
Mankind has perverted thefe Lines leading to Happinefs, from having the
intended EffcA, by th/fcir inlterlnixJng Cbjpeb^e and DeceU in their Dealings,
and, for many Ages paft, made Ambition and Avarice the Motives to the
Continuance and Extenfion of Trade, more than Want; yet thefe finiiler
Deligns have accidentally proved very beneficial to thefe latter Ages, as it is
probable without fuch Excitements, the gr^teft part of the World had ftUl
remained unknown to us; bi»t, puflied on by the Defires of Gain, in' order '5>
fupport the one, and fatisfy the other. Men have made the many Difcoveries
which lay hid for Ages, and difregarded the Rifks they run, and the Incon-
veniencies they fufFered, whilft they confidered themfclves in the Road to Riches
and Preferment; the pleafing Profpe<a animated them to frc(h Engagements,
and a Succeflion of thefe opened to us the wide Field for Trade that now lies
before us; and whatever the Motives were to the daring Enterprizes of former
Ages, we of this are generally indebted to the Under Jakers of them for many
of the Comforts and Conveniencies of Life. And my Defign in the Remainder
of this Chapter being to ihew the Advantages we receive from their Labours,
and to deduce the Growth and Progrefs of Trade, from the fmall Beginnings
I have mentioned, I fhall haften to let the Reader fee, in a fmall Tradt, the
beneficial Influence it always had, and {till has, on human AiFairs ; and that all
Nations have encreafed in Strength and Power, or remained weak and abjeft,
in Proportion as they have encouraged or negledcd Commerce; vdoich is now
become an univerfal Means, that offers itfelf to every one, for the Improvement
of his Fortune, and from whence the mofl flourifhing States derive their Strength,
the Sovereigns their fureft Funds, and Particulars the Eflablilhment of their
Families in Eafe and Splendor.
Whoever runs over all the Ages of the World, will find, that the Hiftories,
even of the mofl warlike Nations, will fumifh him with as large Accounts of'
their Commerce as of their CortqneJU, and the Narrative to be equally extenfivc and
full on the one Subjedl as on the other.
If the greateft Empires were eflablifhed by Valour and the Force of Arms,
tliey were made firm, and fupported, only, by the Succours, which Trade (with
the Labour and Induftry of the People) furniflied them with; and the Conquerors
Would foon have langui.hed, and periilied with the Conquered, had they not (as
the Scripture exprefTes it) converted the Iron of their A.ms into Ploughftiares,
and had recourfe to the Riches which Agriculture, ManufaBurts, and Commerce
produce, in order to preferve and improvr, by the tri.nquil Arts of Peace, the
Advantages acquired in the Horrors and Tumults of Wai
And tc "Iter more largely into the Proof o'"the above gf neral Affertion, of the
Utility and Excellence of^ Trade^ let us look back into the firft Ages of the
World, and bring the Hiftory of it down to our own Times; and I flatter
myfelf, that I fliall be able folidly to prove, by the Examples I fhall produce,
that the Nations neither were, nor are, powerful; the Cities rich, nor populous,
but in proportion as they have extended their Commerce; and thofe Princes do
not well underftand their own Interefls, nor will render their Reigns flourifhing,
or their People happy, who do not by all Means encourage and protedt their
trading Subjedts.
Monf. HuET* (the illuflrious and learned Author of that excellent Book,
ciuitle(J,» A "treatij'c of the Commerce of the Ancients) fecms perfuadcd, that the
i'bcnicuins were the iirft Navigators in the World; thougn many think the
ir
tl
fli
tlj
dJ
iti
fiifliop o{ A'VTMtUl W Uijfell.
ingenious
in
f,'6m its Ori^nal, '^ ^^^
;r
ingenious Dr. Garcin, with more Probability, afllgns it to the Arabians, io
the little Traft he has communicated to the Pti,blick about it; and cotifcious of
my own mean Capacity, I (hall not preAime to offer my Sentimfertts in fo intricate
an Aflair, more efpeclaJly after what has been faid by thofe learned A ithors on
the Subjcft, but give my Reader their own Words, in which he wiL find the
Reaibns they afTign for their different ConcluHons, and from which he may
draw Motives for fixing his Judgment, on the Side he thinks moft agreeable tb
it, and Truth. I (hall begin with the Opinion of the firit;df th«fc great Mc\'-j,
gnd conclude the Chapter with that of the latter. . ' ; ','
ThePHENiciANs, and Tyre their Capital, are the firll ^at prefcnt thertifclves Commerci
on examining the Commerce of the Ancients; and thefe will (tifficiently prove, -t^^^"^,
to what a Height of Glory, Grandeur and Riches, a Nation is capable of
attaining by the (ble Refources of Commerce.
Thefe People (as is remarked by the aforefaid Mr. Huet) only occupied 2i
narrow Border along theSea-Coaft,and5)'rf itfelf was built oh an ungrsteful barren
Soil, which* when moft fruitful and produftivc, wasinfufiicient to fuppc .t thatgreat
Number of Inhabitants, which the firft SuccefTes oi trade had brought thither.
Two Advantages, Ici'vever, indemnified this Defe£t, they had excellent Ports
on the Coaft of their little State, particularly that of their Capital ; and they
were born with fo happy a Genius for Trade, as to be commionly afTociated witfli
the Egyptians, in the Honour done thefe latter; by fuppofing them the Inventors
of iViWa/ C(?«w;r«, jjarticularly that of long Voyages.
The Pbenicians knew fo happily how to profit by thefe two Advantages, that
they foon betame Maftcrs of the Sea and Commerce. Lebanon, and the other
neighbouring Mountains, furni(hed them with excellent Wood for the Con-
llrud^ion bf their Ships; and they had in a (hort Time numerous Fleets, which
ran the Hazard of unknown Voyages to eftablidi their Trade; and their People
multiplying almoft to Infinity, by the great Number of Strangers, which th6
Defirc of Gain; and the furc Occafion of enriching themfelves, drew to their
City; they found themfelves in a Condition to fend out many Colonies, particularly
that famoUs one bf Carthage, which preferved the Phenician Spirit in regaM bf
Traffick; and did not yield any Thing to Tyre itfelf in its Trade, whilft it greatly
furpaffed it in the Extent oi its Dominion, as there will be Occafion to (hew
hereafter.
The Degree of Glory and Power, to which the Commerce and Navigation tf
Tyre had raifed it, rendered it fo famous, that the Report of prophane Authors
would hardly be believed dcftitute of Exaggeration, had not the Prophets them-
felves fpokc of it with ftill greater Magnificence; fo that the Defcnption of its
Grandeur, of its Forces; and the almoft incredible Number of its VelTels,
Merchants, and Merchandizes; makes one of the moft beautiful Pa(rages in the
Prophecy of Ezekiel, which could not poflibly be forgot, when we are fpeaking
of tnc Excellence of Commerce, and its Splendor. And the Prophet Ifaial}
likewife fays. That Tyre is the common City of all Nations, and the Center of all
Commerce, and, in a Word is the Queen of Cities, whereof the Merchants are
Princes, and which has for Traders the moft illuftrious Perfons of the Earth.
Such was the ancient Tyre, when (following the Prophecies of Ezekiel) (he fell ■
or funk, under the Arms of Nebuchadnezzar, after a Siege of thirteen Years.
It is true, that Providence had (if we may fo fay) fecured an A(ylum and Refodrce
to the Inhabitants of this unfortunate City; for the Tyrians, during fo long a
Siege, had both the Precaution and Time to fortify a ncighboxiring Illand, where
they eftnbli(hed their maritime Forces, and where their Merchants retired with
the r Store: and Merchandizes, and there continued a Bufinefs fo fiourifhing,
t!iat the taking and ruining of their firft City, did not dcftroy their Empire of
the Sea, nor the Reputation of their Commerce.
It was this new City of Tyre, which, trufting in its Riches and PuifTancc,
dared afterwards to rcfift Alexander the Great, already Mafter of one Part of AJia,
and had like to have interrupted, for fome Time, the Courfe of his Vidlories;
hut in Pay of it.'- Temerity, it was entirely deftroyed by the Conqueror; and, to
tho End there might remain to it no Hopes of being raifed fiom its Fall (as
the firft Time) he removed its Marine and Ccinmerce, transferring them to
Alexandrie,
COMUKCI
01 THI
Cakthaoi-
NlAMi,
COMMEKCI
OF THE
EcrrriANs.
j4ft Hiflorical DeduStion of Trade
Alexandria, a new City that its Founder intended to make the Capital of the
l^mpire o( Afia, of which he then meditated to atchieve the Conqueft.
whilft the one and the other Tyre experienced thcfe great Revolutions,
Carthage, a Tyrian Colony, as aforcfaid, augmented its Forces by 7r<x^',and by that
put itfof in a Condition once to difpute with Rome the Empire of the World.
Thefc new Africans foon reaped the Benefits, which the happy Situation of
their City offered, and profited by tlic Genius for Trade and Navigation, which
they had brought with them from Pbenicia; they made their Fleets and Merchants
pafs on one Side to the Ocean, beyond the Pillars of Hercules} and, on the other,
along the whole weftcrn Coaft of Eurote; and, if fome Authors may be credited,
their Pilots and their Merchants even had the Boldncfs, or good Fortune, to be
the firft that penetrated as far as thofe unknown Lands, of which the Difcovery,
many Ages afterwards, has done fo much Honour, and brought fo much Profit
to the Spaniards.
The Carthaginians, quite occupied in their Commerce, never thought (till too
late) to value themfelvcs on the immenfe Riches, which they had amalfed (by
this Means) for extending their Dominion abroad; but their being tired of their
pacific Merchant State coft them dear.
Their City, which Trade had peopled with above fevcn hundred thoufand
Inhabitants, was foon dcferted, to furnifh their Armies with Troops and Recruits.
Their Fleets accuftomed folcly to carry their Merchants and Merchandize, were
now only loaded with Soldiers and warlike Stores, and of their wifeft and more
fortunate Traders were formed thofe Chiefs, and Generals of Armies, which
were deftined to make Rome tremble, and put Carthage in a Condition to become
the Miftrefs of the World.
The high Featb of Arms of the Carthaginians m Sicify, Sardinia, Spain, and
particularly in Italy, under the famous Hannibal, and alfo the Diforder of
their Affairs by the Vidtories of the two Scipios, are Fafts well known, and
are of too little Import to the Matter of which we treat here, to call for any Detail
of them; and I fhall only add, that Trade had raifed Carthage to fo high a Degree
of Riches and Power, as obliged the Romans to a fifty Years cruel and doubtful
War, to fubduc this Rival; and, in fine, triumphant Uo/wf believed fhe could
not entirely fubjugate and reduce her by any better Means, than cutting off thofe
Refources which (he might yet find in Trade, and which, during fo long a
Time, had fupported her againfl all the Forces of the Republick.
It was, in cffcft, that Refolution of the Senate which decided the Fate of
Carthage; and the Carthaginians themfelves were fo terrified, that having
apprehended by this Defign, they fhould be obliged to give up their Fleet, and
to retire inland five Leaeucs from the Sea, they chofe rather to expofe them-
felves to the Hazards of the third Punic War (fo fatal to them) than to renounce,
fo eafily, the only Hopes that could remain to them in their Misfortunes, and
voluntarily confcnt to fee their Commerce pafs to Utica, where they knew the
Romans, to atchieve their Ruin, propofed to transfer it, as we have faid Alexander
did that of Tyre, to the new City he had given his Name to, when he
determined to punifh the Tynans for having dared to retard his ConqueAs.
Alexander lived too (hort a Time for to be Witnefs of the happy and
flourifliing State, to which Commerce would elevate this laft City. The Ptolemies,
who after his Death had Egypt for their Part of his Conquefts, took Care to
fupport the Infant Trade of Alexandria, and foon brought it to fuch a Degree of
Perfedtion and Extent, as to bury in Oblivion both Tyre and Carthage, which,
during fo long a Time, had carried it on, almoft alone, and had reallembled to
them the Commerce of all other Nations.
The fo fudden Succefs of the Commerce of Alexandria, ought not to occafion
much Surprize, when Refleftion is made on its happy Situation, which rendered it
fo commodious to be the Depofitory of all Merchandizes from the Eaft and Weft.
This famous City had on one Side a free Commerce with AJia, and all the
Eaft, by the Red Sea; the fame Sea and the Nile gave her Entrance into the vaft
and rich Countries of Ethiopia. The Commerce of the reft of Africk and Europe-
was open to her by the Mediterranean; and, if ftie would carry on the interior
Commerce of Egypt, ftie had bcfidcs the Conveniency of the Nile, and Canals
tnade
'^
froin its Original, •
made by the Hahds of Men, (Works immorta], and alnioft incredible, of the firft
FgyptiansJ Ihe had, I %■, the Help of Caravans, fo convenient for the Safety of
Merchants, and for the Tranfpbrtation of their Merchandizes.
TJiere was added a large and fafe Port, where foreign Veffcls arrived from
all Parts, and whence departed inceflantly the Egyptian Veffcls, which carried
their Merchants and Commerce to all Parts of the then known World.
It was this Conveniency of dcpofiting Merchandizes at yUexandria, that fpread
through all E^ypt thofc immcnfe Riches, which rendered their Kings fufficiently
powerful to fupport themfelves, for more than an Age, againfl: the Romans, who
endeavoured, from Time to Time, to fubdue fo fine a Kingdom : Riches fo
confiderable, that Hiftorians affirm, that the Produft only of the Cuftoms of
Importation and Exportation, upon the Merchandizes that palled the Cuftom-
houfes oi Alexandria, amounted annually to more than thirty Millions of Lives,
(or about 2,250,000/. Sterling) though the major Part of the Ptolomies were
moderate enough in the Imports which they laid on their People.
Before the Battle of ASiium, the Romans had always found, in the Spoils of
the Nations they had fubjedted, from whence to fill the Trcafury of the
Republick, and, at the fame Time, to furnifli a Sufficiency for the Expences, in
which the Plan of an univerfal Monarchy continually engaged them.
Thcfe Refources beginning to fail them, the Commerce of Egypt feemed very
proper to fupport by its Riches (and as I may fay, by its Credit) the Reputation
nnd Empire of Rome.
From the Time that Augustus had reduced this Kingdom to a Province, he
fcarneftly endeavoured to make the Trade of Alexandria fiourirti more than ever,
and at the fame Time he augmented that which the Egyptians had always
maintained, or carried on in Arabia, the Indies, and to the moft remote Parts of
the Eaft, by Way of the Red Sea.
Alexandria become Roman, was only inferior to Rome itfelf, in Grandeur and in
Number of Inhabitants. The Magazines of the Capital of the World were no
longer filled but with the Merchandizes which came to it from the Capital of
Egypt; and very foon neither Rome, nor all Italy fubfifted, but by the Corn and
other Provifions brought to it by the Merchants and Egyptian Fleets ; and that in
fo great a Quantity and Abundance, that an Hiftorian (JoJ'ephusj affirms, (tho*
doubtlefs with fome Exaggeration) that Alexandria yielded more Riches to the
Treafury of Rome in one Month, than all Egypt in a Year : Though if Pliny?
Calculation is to be credited, the Profits of the Commerce of Egypt amounted
yearly, for Rome, to 125,000,000 of Crowns* (and thefe at 54^. to about
28,125,000/. Sterling, as the Exchange is through this whole Work) that is to
fay, a hundred Times more than the Romans employed, whofe ordinary
Expences did not amount to above 1,250,000 Crowns.
This great Trade, (which foon made that of all the other Provinces of the
Empire flourifti) augmented inceflantly, and made the Senate determine to
maintain it, by the Corporations it eftabliflied in Rome, for Trade and Traders,
by the Laws which it made in their Favour (or rather by thofe of the Rhodians,
which it adopted, and which are long fince become a Specie of the Law of
Nations, for tne Navigation and Commerce of \\\q Mediterranean) by the Magiftracy
it encharged with their Execution, and by the Protedlion which it afforded to
the Merchants, as well Strangers as Romans, in all the Extent of the Empire.
Alexandria, notwithflanding, had in the End the Fortune of Tyre and of
Trade had raifcd her, and the Fall of her Trade overftt her. The
who fcized on Egypt in the Reign of Heraclius, having by their
Fiercenefs driven away the Merchants, who love Tranquility and Peace, this
City, which then held the firft Rank after Rome and Conjlantinople, hardly
prefervcd any thing of its ancient Splendorj and though it afterwards rcgnined
ibine Vigour under the Sultans, and the fame now from the Chriftian Nations,
which carry on the Levant Tr-iAt, and maintain a tolerable good Bufinefs; it
is, however, no longer poffiblc to know again that ancient Alexandria, fo famous,
and which by its Trade was, for fo long a Time, the Glory and Support of an
• Monf. S^roiicji calcuUtei a Trtmh Crown to be worth 54^. Sterling, at tlie Time of his Writing, though it
is greatly altered flnce,
C Empire,
J
COMMFRCT
OK THE
RO M ". N S.
Carthage.
Saracens,
COMMIIC
or THI
Gauls,
n
Rl-t5TA-
C L I Ml M E k T
OF
COMMtRCE
iN TME
Wtsr.
An Hiflorical DeduSlion of Trade
Empire, which, in Truth, was founded by Arms, but that received it* principal
Strength from Commerce.
> Before we proceed to treat of the Commerce of the Modems, we -will yet add
fome Examples of the Gallick Cities, which were formerly rendered famous by
the Enterprizes of their Merchants.
It is etiy to dcmonftrate to the French of the present Times, (to excite them
to revive tneir Trade) that the Go&t and Genius of the Nation has been always
divided between the Glory, which it acquired by its jlmu, and the folid
Advantages produced by Trade.
Marfmes, the mod ancient Ally of the Romans, equally celebrated for its
Antiquity, for the Wifdom and Equity of its Senate, for the Sciences taught in
its Academies, for the many Colonics it eftablilhed, and for the Wars it
glorioufly maintained againft fo many different People, jealous of its Riches,
was indebted only to its Trade for thefe Advantages; ancl it was folely by tlie
Means of Commerce, that it arrived, in fo fhort a Time, to that high Point of
Reipeft and Power, as to render it for a long Time the Arbitrator of the
neighbouring Nations, who were drawn there to learn the Arts and Politenefs
of Greece, which its firft Inhabitants brought from yljia, when they left it,
to fettle among the Gauls.
The Example of Murjet'/Ies Coon animated thcgreateft Part of the FrfK.-,6 Cities
to Trade, more efpecially thofe that were fituatcd upon the fame Sea, or that
were not far diflant.
jirJes became famous for its Experience in Navigation, and for its Ability in
the Art of building Ships. It likewifc diftinguifhed itfelf for tlie Invention of
divers Manufactures, and above all, its Works in Cold and Silver gave it a great
Reputation.
Narbonne even yet exceeded Aries, and, fo long as its Port exiiled, it faw
arrive Fleets from the Eaft, Africk, Spain, and Sicily, loaden with all Sorts of
Merchandize; whild the Inhabitants on their Side equipped their own Ships to
carry abroad the Produdls of their Country, or the Manufadures which were
owing to their Induftry.
Wnen the Alteration of the Courfc of the River Aude had occafioned its
deferting the Port of Narbonne, MontpelUer took the Advantage of that's Decline^
anH this laft City received in her own, Ships from all Parts of the Mediterraneant
wl. h arrived before in that of the firft mentioned.
There were yet reckoned among the Number of the French Cities, fituatcd on
this Coaft, which Trade had rendered flourifhing (though in a very inferior
Degree to thole juft now mentioned) Agde, Toulon, Antibes, Frejus, and Aigue-
Morte, particularly the lad, before the Sands of the Rhone had left it at a Diftance
from tlie Sea ; and no one can be ignorant, that even to the Time of St. Lewis,
this was where the Enibarkincnts were made for the holy Wars, and that it
was the Merchants of this Place which furnifhed that great and holy King with
the greateA Part of the Ships that compofed that numerous Fleet which he
tittcd out in the lad Years of his Life for his Expedition againft Tunis.
The Gaillck Ocean had likewife its Ports and Cities for Trade, of great Repu-
tation i as Bourdeaux in Guyenne, Vannes and Nantes in Bretagne, and the famous
Cei billon, (now unknown) which Strabo places near the Mouth of the Loire.
In tine, in the inland Country was Lyons, (a City yet fo famous for its Trade)
where, if we may believe fome Authors, there formerly affembled no lefs than
fixty Nations to treat of their Commerce, and which, from that Time, (by its
happy Situation at the Confluence of the Rhone and SaoneJ extended, as one may
(iy, its Arms, from the Ocean to the Mediterranean, and was become as a general
Staple or Storehoufe for all the French Merchandizes, without reckoning the
Trade which (he carried on in all the Levant, and particularly in Egypt, by Means
of the Correfpondencies which fhe had with Aries and Marfeilles.
Let us now pafs from the ancient Hiftory to thofe of the middle Age and
lateft Times, and thcle two Hiftories will furnifli us with Fads, which will not
be Icfs interefting, nor lefs glorious to Commerce, than thofe of which Antiquity
has taken Care to prtferve to us the Memory.
The
front its OngindL jr
The Fall of the Roman Empire had drawn after it that of all the People <vho
had fubmitted to it. I'he Inundation of the Barbarians, fo fatal to the Sciences
and polite Arts, was not Icfs fo to Tradti and, if the Learned faw their Libraries,
and the fineft Works, facrificed to the Flames, by People equally fierce as
ignorant, the Merchants had not more Power to favc from their I'ury, either
their numerous trading Fleets, with which they covered both the one and the
other Sea, nor the vaft Magazines, which they had always full of Merchandizes
the moft ufeful and rich.
So that whilft thefe Nations, greedy of Blood and PilLige, >vere fighting with
iHticRomant, or whilft they were difputing among theoifclvcs the Poflcflion of the
Countries they had ufnrpcd, all the^r Commerce confifted .only in the Spoils uf the
Vanquifhed; and they Wd no other Trade than the ftiariiig of thoie immenl^
Trealures, which they found amaifcd in all the Towns of the Empire which
they facked, sind particularly in the Capital, which was more than once expofed
in Prey to their Fury and Avarice.
But after that the braveft and moft fortunate of thefe Barbarians had formed
puilTant Monarchies from the Ruins of the Roman Empii:e : After that they
were eftablifhed, fome among the Gauh, as the Franks; others in Spain, as the
Goths; and others yet in Italy, as the Lombards; they foon learnt from the People
they had fubjedted, and whom tney had afterwards affociated, the Ncceflity of
Commerce, and the Manner of carrying it on with Succcfsj and they became
fo fkilful, that fome of them were in a State or Capacity of giving Leflbns to
others; for it is to the Lombards that the Invention and Ufage of the Uaiik, of
Books with double Entries, of Exchanges, and a Number of other ingenious
Practices, which facilitate and fecure Trade, are commonjy attributed.
It does not appear very certain who were the People of Europe, which (after
that the new Maftershad divided it, and recalled Peace) applied themfclves firft
to Trade, and made it flourifh.
Some InjundUons of Charlemagne, and of Louis le Debonnaire, might make it
believed, that it was by France that Commerce re-cftabliihed itfclf in tlie IVeJi,
and the Laws that thofe two Princes made, either to hinder their Subjefts from a
contraband Trade with .their Neighbours, or to eafe the Merchants which
trafficked in the interior Parts of their Eftates, from the new Impofitions which
they would have laid on their Merchandizes, at leaft lliews that the French,
before the eighth Century, did not tarry on an inconfiderable Trade, either
within or without the Kingdotn.
There is, however, an Appearance, that the Civil Wars, which were fo
frequent under the Reign oi Debonnaire, and during that of his Children, foon
interrupted the firft Succefs of Commerce (revived in France J and the iTicurfions
of the Normans, which laid wafte almoft at the fame Time the French Empire,
having entirely deftroycd Trade; the Italians had a Junfture to acquire the Glory
of being its new Reftorers, as they ought to have that of afterwards recalling
the liberal Arts and Sciences, which had been banifhed ever fince the difmem-
bering the Roman Empire.
It is therefore to the People of Italy, particularly to thofe of Venice and Genoa,
that the Re-eftablifhment oi Commerce is indebted; as it is alfo to Commerce that
thefe two famous Republicks, which have been fo long Rivals, owe their Glory
and Puifl'ance.
In the Bottom of the Adriatick Sea, there were a Quantity of fmall marfhy Commerce
Ifles,feparated only by narrow Canals, butcovered, and (as one may fay) fecured, by y
divers MoralTes, which rendered the taking them almoft impracticable. Here
fome Fifhermen retired, and lived on the fmdl Traftick which they made with
their Fifh, and of the Salt which they drew from ;he Ponds on fome of thefe Ifles.
It was thefe Iflands which ferved for a Retreat to the Fenetians, a.P^op\e of that
Part of Italy which is along the Gulf, vrhenjilaric King of the Goths, and after-
wards Attila King of the Huns, camt to ravage Italy, particularly after that this
laft (who highly merited the Name of the Scourge of God, which he had given
himfelf) had taken Padua and AquHa, and had reduced them to Aftics.
Thefe new Inhabitants of the MoralTes did not at firft compofe any Body
Politick, but each of thefe leventy-two ides of this littlt Archipelago h,id, for a
long Time, their proper Magiftrates, and, as one may fay, a fepiirate Sovereignty.
When
or THE
ENETIANIt
t
r
if
Commerce
Of THl
Ginoim:.
^// Hijloricai DeduB'ton of T k a dE
When their Cummcrcc became fo floiirirtiing as to give Jci'oiiCy to their Neigh-
bours, the Vatetian ffUmden tlioiight of funning thcmlclvib into - RebuhUck, and
it was this Union (firil begun ii\ tiie lixth Century, but not perfeftcd till toii'ards
the Middle of the eighth) which hiid the tnoft folid Foundations of the Poii'cr
and Commcrcv of the Fcnftuini, particularly that of the laft, which during more
«h:tn four Age, had not, in any Refpcd, its Equal in all Europe.
Until the Union of the Iflcs, the Trailc of their Inhabitants fpreid but little
beyond the Coafts of the MfdittrnvUiVr, but the Eftablifhmcnt of the new
Republick, having given Courage and Strength to their Merchants, their Fleets
were in a (liort Time ken to vilit the moftdiftant Ports of the Ocean, and after-
wards thole of Egypt; and by the Treaties made with the Sultans, under the
Pojic's Approbation, fecurcd the Trade of Spices, and other rich Merchandizes
of the Eall, which they were to purchafc at Cairo, a new City the Saracen
Princes had built on the Banksof the A/ir/c.
The Riches of the AVw/wz/j encreafed tofuch a Degree, by the Commerce with
Egvpf, that they thought themfelves ftrong enough to undertake fome Conqucfts,
and to form, from the taking a Number of important Towns, what thoy call^^^d
their State of Terra Firma, which rendered them yet more confiderablc in Italy,
though they loft a Part after the famous League o\ Camhray.
Animated by thcfe firft Succcfles, and funported by the Rcfources of their
Commerce, and by the inexhauftible Funds, which their Merchants were capable
of furnilhing to the Treafury of the Republic, Venice happily carried her Arms
yet farther, and extended her Conquells on the Side of the Morca, and in many
of the principal Ifles of the Metiiterranean and Archipelago, which ftic fubjcdted to
her Dominion J and, to complete her Glory, {he had a great Share in almoft all
the Croifades which were made for the Recovery of the Holy Land, or for the
Succour of the Chriftians of the Levant, as well as at the taking of Conjiantinople,
and the Conqueft of the beft Part of the Grecian Empire, which paft under the
Dominion of the French Princes, in the Beginning of the thirteenth Century.
Fenice was in this State of Profperity and Glory, when flic experienced the Lot
of fo many powerful Cities, which the Fall of their Commerce had either ruined or
weakened; (lie found, in the Diminution of her own, the fatal Term of that
Puiflance which had given Umbrage to fo great a Number of Princes combined
to her Deftrudtion, who figncd the Treaty of Cambray in 1508; and two of her
moft celebrated Hiftorians take particular Notice, that their fage Senate had not
had fo much Trouble to re-ellablilh their publick Affairs after the famous Battle
of Aignadel, but becaufe the Republic could not any longer find the fame Rcfources
as heretofore, in the Trade of the Merchants, already greatly enfeebled by the
Lofs of that of the Spices, which the Portuguefe had begun to carry from tncm,
and which was yet diminilhed from another Side by the Provincials, particularly
by thofe of MarJ'eilles, who became in greater Efleem than the Venetians at Con-
llantinople, and in tlie principal Sea-Ports of the Levant, and who knew fo well
how to maintain their Credit, that very foon all the Commerce of thofe Parts was
only carried on under French Colours.
Genoa, which had re-commenced an Application to Commerce, at the fame Time
with fenice, and had not been in any Degree lefs fortunate in making it flourifh,
was, for a long Time, a troublefome Rival, who difputed with the Venetians the
Empire of the Sea, and who fliared with them the 'Trade, which they carried on
in Egypt, and in all the other Ports of the Lr^ant, and of the Weft-.
A Jealoufy was not long in breaking out, and the two Rcpublicks having come
to Blows, it was was not till after three Ages, of an almoft continual War, (only
fufpended by fome Treaties) that the Genotje (commonly fuperior to the
Venetians, and which was fignalizcd by many Advantages that they had gained
during the new Wars they had together) loft, about the End of the fourteenth
Century, their Reputation and Superiority at the Battle of Chiozza, where
Andrew Contarini, Doge and Gf;7fr<7/ of the Venetians, fecured to his
Republick (by a happy Dcfpcration) the Honour of an unequal Combat, which
decided for ever a Quarrel lb famous, and brought to Venice the Empire of tlie
Sea, and the Superiority of Trade, which were the Reward of a \'idlory fo
unexpefted.
Genoa
i'
met
I hi:
lArici
TowN».
from its Original.
Genoa was never able to rife again from its I,ufs, and vidoriuiH Vvnice cjijoyccl
for a whole Century its Advantages, both in Trade wnC^War; but, in fun;, tlicfc
two Republiclcs, although very unequal for the Ranii whitli they have now in
Europe, and for the Figiire that they make, arc become, as one may liiy, to
a Sort of Equality in Trade, with this Difference howc\er, that the yencliant
carry on a greater than the Genofff in the Levant, and the GenoeJ'e a more coii-
fiderablc one than the Fenetians in France, Spain, and other Chrillian States
in Europe.
At theTimethat Commerce re-commcnced and gained Strength in the meridional Cohm
Parts of Europe, there was formed in the North a Society of Merchants, which not jj "'.
only brought it to all the Perfcftion it was capable of having, before the Difcovery
of the one and the other India, but alio begun to give it thofc Laws it has con-
tinued to obfervc under the Name of UJes and Sea CuJ/omt, and to form a Sort of
Code, tlic firft of all thofe which have been made for the Marine Trade.
This Society is the famous AfTociation of the Hanfeatick Totvus, which is
commonly believed to have begun at Bremen on the Hijer, in 1 164.
It was not at firft compofcd of more than the Towns lituatcd on the Baltick
Sea, or of thofc that were but little diftant. Its Reputation and its Forces
cncreafing, there w : but few of the trading Towns in Europe which were not
defirous of engaging in it. France furnimed to the Cow/t-^/crd/Zow, Rouen, St.
Malo, Bourdcaux, Bayonne, iX\A Marfeilles ; Spain, Barcelona, Seville inA Cadiz i
England, London; Portugal, Lijbon; the Low Countries, Anvers, Dort,
yimjlerdam, Bruges, Rotterdam, OJiend, and Dunkirk; Italy and Sicily,
Me/Jina, Livorno, and Naples.
The End of the fourteenth Century and the Beginning of the i 5th were the
moft flourirtiing Times of this Alliance; it was then it prefumcd to dalare War
againft Kings; and Hiflory has not forgot that which it made againft IValdemar,
King of Denmark, about 1348, and againft £nV in 1428, particularly this laft;
where the Hanfeatick Fleet was compofed of forty Ships, with twelve thouland
regular Troops, cxclufive of the Sailors.
The Policy of the Princes, whofe principal Towns had entered into this
Aflbciation, thought it ought to give Bounds to a Power, which began to grow
fufpicious, and which had not failed to become very foon formidable; the Means
were eafy and fliort, each one withdrew their Merchants from the Alliance,
which, in a little Time (of that large Number of Towns of which it was
compofed in its greateft Power) found itfelf reduced to only thofe that had begun
the Confederation; Towns, notwithftanding, ftill fo puifliint by their Commerce,
that they were admitted to make Treaties with the greateft Kings, and par-
ticularly with thofc of France, as very lately happened in the Reign oi Lezvis XV.
and in the Regency of Philip Duke of Orleans.
Some Towns 01 Lower Germany ftill prefcrve the Name of Hanfeatick Towns,
but, for the greateft Part, this is rather a Title with which they aim to honour
thcmfelves, tlian a Mark that they continue to carry on Trade under the Laws
and Protection of the ancient Alliance, there not being now more than Lubeck,
Hamburgh, Bremen, Roflock, Brunfwick, Cologne, and a few others, which are
truly Hanfeaticks, and of which the Deputies are found at the Aifemblies, either
ordinary or extraordinary, which they have for the common Intercft of the
j4ffociation.
The great Trade which Holland carries on with the Hanfeatick Towns, does not
contribute a little to fupport them in a Part of their ancient Reputation; and it is
particularly to the Alliance which they have with that powerful Republick, that
they owe the prefervation of their Liberty; the Succours which fome of them
have received have more than once faved them from the Enterprizes of the Princes
their Neighbours, who either pretend to have a Right over them, or were
jealous of the Riches that their Merchants amafs in Trade.
It is alfo Commerce, and the immenfe Riches which the Dutch have acquired Commuce
by it, that laid the firft and moft folid Foundation of that Power, which has
placed them in a Condition to give fo great Succours to their Allies; and it is
only to the Refources, which they have found in their Trade, that they owe that
Degree of Strength and Credit, in which, at prefent, their Republick appears;
D a Credit
M
fl
OF THE
D V T C It.
I
r
I
to j4n Hiflorkai DeduSJion of Twhm.
a Credit fo great and fo well eftablifhcd, as lias already, for a loiig Time, rrndcrvil
it equal to Kings, and in romc Sort the Arbitiatfir of tlicir Ui.Tcrcnci:.>..
The Inhabitants of the Low Couulria have always been diftinguilhcd by their
Trade, but the Riches thereof has aUb, always rendered thcni fierce, and impatient
of any Sort of Yoke, even the mort cafy and moderate.
Thefc Provinces, already fo well known, by their continual Inriinetftions ag.iinfl
their beft Princes, having pail, in the fifteenth Century, under the Dominion of tlic
apaniardj, they prcfentfy found, in the Severity natural to tliat Nation, Motivo
to excite their fadlious Genius, and, under a pretended VioIatij)n of their Privikges,
by their new Maftcrs, they united to fupport them, and combated fo fortunately
for Liberty, that with the Aid of the powerful Protedtors, who declared for them,
(and particularly France') fevcn at/iong them in the End formed this Republiik,
whicn, in lefs than half an Age, has carried its yjrnii and Commace into all
Parts of the Earth, and has made Eftabliflmients fo folid, that there are no
Powers who appear capable ever to rtiake themj nor is there any Likeliliood that
its Fall will come, but from itfelfj and that it cannot link but under itr. own
Weight, and only by Means of the too great Extent of Trade, which it may not
be longer in a Condition to fupport.
The Spaniardi, to Aop .the Progrefs of this new-born Republick, believed
that the hindering their Trade would futiicc, and to prohibit that which its
Merchants had always continued, (notwithAanding the War) in all the Ports of
the Spanijh Dominions.
The Projeft was eflfedlual, and the Dutch, deprived of this Refource, would
have found themfelves reduced to the laft Extremity, if the moft daring of 'licir
Merchants had not taken the Refolution to go to the Eajl-Indtes, to partake, if
it was poAible, with the Portuguefe, fthen united with the SpiiuiiirdsJ the
immenfe Riches which the Oriental Trade produced.
This Enterprize, which appeared far beyond the Power of thefe People, but
ill fixed in their Liberty, or rather who ftill fought to obtain it; this Enterpri/c,
I fay, after fome unfuccefsful Voyages, was in the End fortunate; »nd they fitted
out twenty Fleets in lefs than ten Years, which returned loaden with Spices and
other Merchandizes of the Indies, as well as with the Spoils and Booty of the
Spaniards and Portuguefe.
And, to prevent the Confuiion and Diforder that fo many different Companies
which were daily forming, and that had nothing in common but the Objed of
their Trade, might bring to it, it was then determined, by uniting them all
together, to form that famous Dutch Ettft-India Company, which feems inceflantly
to gain new Strength, and which, after above an Age's Continuance, has not
fuflered any Misfortune or Diminution of its Power and Glory.
This great Eftablifliment was made in the Year 1602, and it is this that has
ferved as a Model to fo many other celebrated Companies, which have lincc
carried on a Trade from Holland to all other Parts of the World, and particularly to
the Ports of the Levant, Africk, the Weji-Indies, and, in one Word, to every
Place, where Bufincfs could be tranfadled : Thefe able Merchants negledled not
any, and they found in the lefs important, as well as in the more confiderable.
Profits and Refources, which ordinarily efcaped the Notice of other Nations.
It is this Commerce, which may be termed univerfal, that reailembles in
Holland this infinite Number of Merchandizes, which it afterwards difltifes in
all the reft of pMrope.
It produces hardly any Thing, and yet has wherewith to furnifli other
People all that they can have need of: // is without Forefts, and almoft without
Wood, and there is not fcen any where elfe fo many Carpenters, which work in
naval Conftrudions either for War or Merchandize. Its Lands are n)t fit for
the Culture of Vines, and it is the Staple or Mart of Wines, which arc gathered
in all Parts of the World, and of Brandies drawn from them. // has no Mines
nor Metals, and yet there is found almoft as much Gold and Silver as in New
Spain or Peru, as much Iron as in France, as much Tin as in England, and as
much Copper as in Sweden. The Wheat and other Grains that arc there fowcd,
hardly fuffice for Nouriftiment to a Part of its Inhabitants, and it is, mtwith-
ftanding, from he/ice that the greateft Part of its Neighbours receive tlicm,
either
from its OriginaL
either for their Suh/ijifnce or TrtiJt\ in fine, it fccms as if the Spices grew thrn-;
that the Oils were guthered thrre; that it iinuri(hcd the prct ioii'; Inlcttls which
(jiin the Silk, and ihat all Sorts of Diiij'.s for Mcdiiinc or nyintj were in the
Nunihcr of />/ I'rixiiidts, an*! of /Vj (Jrowthi ;>/ WarchoiUi.^ are lo full, anil iis
IVferchanti feen to carry (i) imu h to Strangers, or that Strangers ccme to lo.ul in
its I'orti, that there w not a Day, and, it may he faid, a Mutnent, that hhips
do not come in or go out, and frennently entire Fleets.
'the Hi-ii) Commt'nc of the Mii/cm-ifn, a Commern alreadv > ell;»lili(lied and t(
extended, and which proinifes Hill a more happy Succels; tnis 'tmnnrce, J I'ly,
which we fee grow under our Kyes, nurits without Doulu not ti. he forgotteh
in this Species of hilloi-ical Ahridgmciit of the Progrefs of ^Tnidc, uid ol' the
Advantages which therchy accrue to thofc Nations that apply thtnifelv -s to it.
The Situation of Mufcovy is one of the hanpicll for (.'c//,.//»<Ttc, /Vr ''ronticrs
hordering on thofc ai China, give to it a Facility of carrying on -TruiL- in that
vart and rich l-'-inpire, which re-unites, in fome Sort, the whole ■Tiiiffuk of all
the F..iiK On ihe Side of the Ciifpian Si-ti, there is ofttrcd to it that of Pi-t'u
of /Iniifnia, and of the Eajl-Inifics; it may maintain a very confulerahle one witli
Conjhinfiiiop/e, and the other States of the (invul Signior, \>y Means of the I'orts,
wliidi it nas, or which it may eftahlifli, on the hUtxine Sttn and ylrchatigcl
fecurcs to it a great Tr.iffickwxxh France, England, Holland, the Loivcr Germany,
and many other Nations.
In fine, to fupport this vaA Tnulc with Reputation, it docs not lack any rich
Merchandizes, cither of what ;> ha.s, of/Wown Products, or, at lead, that arc
found there, both hettcr, and in greater Abundance, than elfewhcre; and, for
the Tranfportation into its Provinces, of thofc which>comc to it froin abroad, //
has four great Rivers, whofe Courfcs are near enough to be ealily joined by
Canals, and which difcharge thcmfelves into the four Seas, by which this grand
ivmpire is in Part bounded, providing, as one may fay, for bringing even into
the Capital the Spoils of all tnc reft of the World.
So many Advantages were for a long Time ncgleftcd by a Nation equally
fierce and lazy, and where the natural Indolence was yet maintained by the
political Dirtidence and Sufpicions of the grcatcft Part of their Princes, which
nad prohibited them nil Communication with Strangers.
It is true, that after the Englijh had difcovercd, by a fortunate Hazard, the
celebrated Port of Archangel, all Nations, which carried on the Northern Trade,
had a free Admittance into this Part of the Czar'fi Eftates, but it was not pro-
perly till the glorious Reign of Peter the Great*, that Aftt/iotjy knew herStreni^tli
and true Intereft, in Regard to Commerce; and it is to this Monarch, (always
vigilant for the Glory of his Nation, and the Profperity of his People) that ;> is
indebted, for having already carried its Trade alinoA to all Places, where other
Nations of F.urope have eflablilhed theirs, and where, till then, the Name and
Einpire of the MuJ'covltes were hardly known.
It is to the Year 1697 that the Epocha of the Eftabliflimcnt of this neiu
Commerce ought to be fixed; a Year which fliould for ever be confecrateil in the
Mufcovite Feafts, fince it was at that Time that the political X'oyaqes of the
C/AR, Peter Alexoivit';., began, and that tliis Monarch formed tlie Cra/d
Defign of changing the Face of the RuJJian Empire, and, by introducinu; Trad.;
to bring in alfo in its Train, PoliteneJ's, the Sciences, liberal Arts, and tlic many
other Advantages, which are ordinarily the Fruits of them.
For the Execution of a Projedl fo worthy of him that had conceived it, that
famous Embafly, to which was given the Name of the G/vW/'.Wv;//)', v.hieli
without doubt it merited, on Account of the Czar's Prefcncc, who determined
to be therein Perfon, though incognito, and mixed in the Train of the Ambaf-
fadors, was leeu to arrive in Holland, and afterward'^ pafs over to Rrgl.ntd.
The Pretext was the Renewal of the ancient Treaties: The true Re.it'on was,
that the Prince this Way found an Occafion to come and fludy with theii. \\\.i
Nations, fo ikilful and fortunate in Trade, the moll Aire Cirouiuli of tliar,
which he defigncd to eftahlifli in his own Eftatcs.
it
ill' lilt
• This great Pr'iii-<- JlcJ in t':-: Vear i-f;.
If I
i
II An Hiftorical Deduclion of T had i:
It WM then that, defpoilcd of the Markx of (Jrandcur, itnd tniriKled witli ihc
moft tiinplc Workmen, he did not think it unworthy ol hik Majirty und of Wm
Rank, to employ his royal Handii in the fume Worki an they.
Sometimes with 'he Mallet and ChilTel in l^Iand, he worked in the Yardi at
all Sort* of Naval ConAnidlioni, which could make the Marine riourilh. Other
while*, attentive to the LclVort of Tome knowing Pilot, he informed himfclf of
the diveis I'ointJ of Wind that reign at Sea, or learned the Manner of ufing
the Cumpaf* and Sca-Chartv for a fafe Navigation. At other Times he took the
Shuttle, and Audied, in the Manufadtorica, the Art of making thofe fine Cloths
which the Englifl) and Dutch had till then fold fo dear to his Subjeds. Sometime*
aUb, by Convcrfation with the moAahlc Merchants, he fought to penetrate into
the Secrets of the Bank and Rxihangt, and to fecure before-hand Corrcfpondcrtts
at London and Amfitrdam to the Bankers, which he prooofed to e(hibli(h in the
ftrincipal Towns of his Ellates. In fine, nothing eica^ted his Curiofity, nor
rom the Defire which he had to form his SubjeAs to Arts or Manufadhiresj
and, as if hedcfiKncd fomctime or other to ferve them as a Mafter in the Kabrick
of all Sorts of Works, he himfelf fcrved a Sort of Apprenticelhip, and he was
feen afTiduous in the Work-Houfes of the mod able Artificers i here to liandlc
the Iron with the Blackfmith, there cutting Wood with the Carpenter i in
another Place twifting Hemp with the Ropcmikcri and, in one Word, to work
at all the Trades which are cuftoiiury to llipjHjrt Commerce, and render it
flourifhing.
It cannot be exprcflcd how many Eftablillimcnts, favourable to Trade, and
till then unknown to the MuJ'covitei, were the happy Conl'equenccs of the
curious Difcovcrics of a I^nce lb univcrfal, and To attentive to the Good of his
People.
New Ports are opened in divers Parts of his Eflatcs, and that of Petrrfiurgb
fccms already to vie even with that of Amjierdam. The numerous Fleets, almofl
all built in the Yards of the Czar, and armed in his Arfcnals, (l-cure the Mari-
timt Commerce of his Subjeds, and make the Prince refpeded by his moft
powerful Neighbours, his Merchants already accullomcd themfelves to carry to
Foreigners (upon their own Ships) or to bring from them diredtly, all Sorts of
Merchandizes which iVf«/to*tiy produces, or of which (heftands in ncedj and their
Flag hr already appeared beyond the Streigbts, and in many Ports on the Coarts
of tnc nfediterranean.
On the Land Side, with numerous Caravans, they make a Road crofs the vaft
Regions of Tartary, and being admitted at Pekin, they return loaded with the
ricneft Merchandizes of China and the Eaji.
The Junction of the Baltick with the IVhitc Sea is almod atchicvcd, by
Canals cut in the Lands, with a Labour and Expence immcnfe and truly Royal ;
and there lately are others dug to join thefc two Seas with the Cafpian, by Means
of the Volga.
All the Towns arc filled with Workmen and Artificers, who labour in the
Manufadtoriesj and thofc of Silks and Stuffs, are fo well cftablidied in Mo/cow
itlelf, that in the one is made fufficicnt Cloths to clothe the Mtifcovite Troops,
and, in the other. Silks enough for the Czarina and her Court.
In one Word, there is no Trade or Manufadlurc, that flouri(hes in the other
States of Europe, which thisfage Prince has not endeavoured to introduce among
his People, either by attrading to his Court, and by large Penlions a id a powerful
Prote(5lion engaging to his Perfon, the moft able Workmen from abroad, or by
fending the moft docile and induftrious of his Subjedls to learn, in foreign
Coujitries, that which each Nation has proper to it, for the perfecting of Arts,
and not recalling them until he deems them futhciently inftruAed to work
themfelves and teach others.
Let us now join to fo many Examples, ancient and modern, of the Advantages
that Commerce produces to States, and among the Nations where it flourifties ; let
us add, I fay, fome Examples of Particulars, which Trade has raifcd to the
highcft Fortune. Perhaps thofc which arc more afl^edted by their own Intereft
than by that of the Publick, may herein find Motives and Inducements to
animate and engage them to a Profeflion which may be attended with fo gr^at
and happy EiFc&s. France
from its Originai
t.1
Trainee will furnirti ii« witli rhc firft, ami wc l)iall find a Tccond amonj the
fovtrcign Iloufcs oi Itiily, hotli equally ulcbr.ital and linmiiir.
Jiima Cofur, Nuivc of liouigij, wan a Son of a private Mcnlianti he followed
the Profertion of hiii I'aihcr, but with Inch fpccdy and happy Sticccfs, th.u an
Author alTurcs ua. he gained more alone, than all the Mvrclunta of the Kingdom
tugctht I'.
tlis Cammoct wa« extended in all the Mediterraneanx he trarflikrd in ,1/ia
wlih the Turk) or Vfr/Uini, and the other Subjcdh of the Sultan* of Hakylon, and
in yf/r/t/t with the SitiiiiCns.
It was by the Citv of Monipcllicr (which then was the only F.ntrancc of the
Kingdom on that Sale) that he carried on fo Rreat a Tniiifi this aho was the
only Reafon that could render that City dear to Janm Corur, with which he had
not titherwifc any Connexion, and confec^ucntiy this was the Ibic Motive that
could determine him to i-mbi-l!;(h it. Attcr fpcaking of a Fountain which he
made, where his Arms flill remain, wc Ihulf enlarge a little on the common
Kxchangc of the Merchants, known at Montpellier under the Name of the Loae,
which he built, that this Edifice might have a remarkable Conformity with tlie
Commerce of the City, as it is vifdde, he never dreamt of undertaking the
foimer, but with the View of augmenting and facilitating the latter. This
Building, which Hill fubfifls, is folid and magnificent. What is admired
above all, arc the Raffo Relievos in McJallions, whic-n ornamented the Front, and
which employ the vain Curiofity of thofc, who have yet the Wcakncfs to give
into the Search after the Philofophcr's Stone i thefc are to them fo many enig-
matical Emblems, under which they imagine that James Coeur has hid the
Mydericsof the grand Work, of which hen.ul made Ufc (as they pretend) to
acquire his immenfe Riches, which, notwithflanding, he only owed to Tradct
as Mr. ^Jhuc believes.
I lis great Riches, acquired by a Way fo lawful, and the Probity with which
he always conduced his Bufinels, having rendered him famous among Foreigners,
and known at Court, Charles VII. colled him to the Miniftr-, and truftcd to him
the Management of his Finances, making him Grand Treafurtr.
His Elevation did not in tlic leaft interrupt his Trade, but, on the contrary,
fcrved him to continue it with greater Reputation and Succefs; but then, this
generous Merchant, whofe IKart was yet greater than his Fortune, had the mod
noble Views in his Commerce, and preferring the Intereft of the State to his own,
it was much more in his peculiar lunds than the Prince's Exchequer, that he
found Refources, not only to re-eftablilh the Kingdom (exhaullcd by a long
War) but to enterprize againft the ancient Enemies of the French Name, and
to rc-unitc to the Crown one of its fined and richcft Provinces, which had been
for a long Time in the Hands oPthc Englijh.
In Effctit, very f(X)n the Armies were only raifed and maintained at the Expcncc
of this difinterefted Minifter: He advifed the Conqucft of Normandy, and he
alone was at almoft all the Charge. When he went in Embally to Rome, a Fleet
of twelve Ships, which accompanied him, belonged to him entirely, and it was
he that was at all the Expence of fitting them out. In a Word, after Charles
had (as one may f ty) aflociatcd James Coeur in the Government of the State,
there was nothing in France that was great and confiderable, which was not
fupportcd by the Credit of this fage and rich Merchant, and wherein he did not
employ the better Part of the great Effefts that arofe to him from his Trade.
Mr. yljlntc fays, his very Difgracc, which it appears he never merited, feemed
to have rendered him illuftrious.
It is true that the People, accuftomcd to fancy a Myftery and Prodigy in
Thinj^s that fiirprizcd them, and were above their Comprehenfion, reported,
that "James Coeur owed his Fortune to the Secret of making Gold, which always
(liiiics the Defire and Defpair of Chymifts; but, it is truer, that all the Philo-
fi phcr's StOiic of this fortunate and able Merchant only confided in his great
■■/ >•</</(■; and that In: knew no Chymidry more proper to operate the Tranfmutation
of Metals, than the immenfe Traffick that furniflied him with thofe rich
McrLJiandizcs, of which his Storchoufes were always full, and which he
exchanged with fo much Profit againft Gold and Silver, that an ignorant and
E credulous
I «ui«
C u i u •,
H
ail
Tim
Housi:
OH
Mtuicis.
Commerce
OF IME
F R I N C H .
An Hijlorkal Deduction of T'^k'D'S.
credulous Populace attributed it to the Perfeiition of" the grand Work, which it
imagined he had the good Luck to find out.
The other Example of Fo. tunc and Glory, to which private Particulars had
attained, by the Means only of Commerce, is not lefs remarkable, though more
. illudrious.
The Tamily of Mcd'uis has been alv/ays praife-worthy and commendable,
both for the Antiquity and Nobkncfs of its Origin, and the Greatnefs of its
Credit and Riches.
From the eleventh Century it has had great Men, and there is found in Miftory
an honourable Succcifion of the Race of Mcdicis, who, m this firll Age of their
Houfe, were equally diflinguilhcd by the Luftre of ecclefiailical Dignities, by
the Honour it acqiured in the ProfeHion of Arms, by that which it found in fhe
Government of States, and in the chief Magiftracies of Cities.
It was not, however, till the Beginning of tlie fifteenth Ccntrry, that this
Family (refcrved to lb great a Fate) ought properly to count the '•Ipoclia, or
itra of its Elevation ; and it is to Cojmo dc Mcdicis (that famous Citizen of
Florence, who fo juftly merited the Name of Great, Father of the People, and
Deliverer of his Country) that it is indebted for the firll, or nt leall ihe moft
folid Foundations of a Grandeur, which would be hardly credilile, did we not
lee, even to this Day (1722) their fortunate and illullrious l\)llLrity, governing
with fo much Sagacity thofe fame People, who formerly owtd tlicir Liberty to
the Courage and Prudence of this firll Citizen of their Rcjnibiick *.
In EfFed, after this great Man had (as it may be laid) given the Jogg to the
Wheel of Fortune, which was to raile liis Moufe (b higii, th.re were but very
few Dignities, Honours, Titles, or Alliances, by which this Family was not
illuftrated; and, in lefs than an Age, it gave four fovercign Pontiifs to the
Church, two Qn^eens to France, and to the facrcd College more celebrp.ted Sub-
jedls than any other Houfe, even fovereign ones, had given to it till then.
It was neverthclefs Commerce only that was the Source of ib much Renown;
the Anceftors of Co/mo, following the Cuftom of the Nobility of Italy, had not
any Ways negledled this Refource, to fupport them in the Honours either of
the Camp or Cabinet; but he, more fortunate, or more intelligent, had made
fo large a Fortune, that he became even comparable to Soverciijns for his Richer,
and he was always courted and regarded, on Account of the great Credit which
he prefer\ed all his Life, in the Affinrs of Italy.
Laurence, his Brother, who, to the Name of Great (which he merited as well
as CoJ'moj added that oi Father of Letters, was fo well known at the Porte, on
Account of the Fadtors which he maintained in all Parts of the Levant, and of
the great Number of Ships which he fent, that Bajazet, the fierce Ottoman
Emperor, not only always regarded him as one of his Allies, but even honoured
him with the Name of his Friend.
All the other Medicis, which came after thefe two great Men, and were (as
they) elevated to the chief Honours of their Republick, had the wile Policy to
imitate them, and in no Manner to deprive themfelves, by a falle D-jlicacy, of
the Utility of their Tr^rfi?; and when, mi fine, the great Qn^ilities and Merit of
another Cofmo, had raifed this Houfe to the Sovereignty oi J'^hreiice, neither he,
nor his Succeflbrs, thought it any ways unworthy of them, to continue to fcek,
in an honourable Marine Trade, wherewithal to fupport (witli greater Credit)
the Splendor of a Rank, which, in fome Sort, w.is owing to it; and, to this
very Day, the Palaces of the Grand Duke are never Unit either to Tradcimen or
Merchants, ai:d it is not in the lc:ilirurprizing to fee iiis Ships arrive, convoying
thole of his Su'->jedts, loaded with rich Merchandizes from the Levant and otiicr
Places, where the Merchants of Livorno and Florence carry on fo conliderable a
"Trade.
Mr. Suvary fuppofes it a Matter of Surprize, that among fo n\ iny Examples of
the Advantages that Trade produces in the States where it llourilhes, France had
not, at the T'.me of his writing, furniflied any one; it is owned, he fays, wjth
Regret, that, in Regard of Commerce, the French at prei'cnt are leis in a
* This iUullnous Moufc becime ext i cl bv the IX-ath ofCi/kn, thclr.C Gtami Duke of FUnee, to whom th«
prdeat Lnipcror, then Liuke of Lmatx, I'uccccJcJ.
Condition
■rns%i
I it
k
ih
from its Original.
Condition to fervc as a Model, than they arc in need of being animated by the
Example of others.
And then proceeds wi.h making the following Queries, and giving the
fucceeding Account of the Aptitude and Ciuiilifications ot the Vrmch for -tvadc;
and, though he feems a little partial in Favour of his Countrymen, I think he
exaggerates nothing in his Defcription of the Kingdom.
Will this generous Nation, fays he, fo capable of the greatefl Enterprizes, be
inferior to others in this Thing only, whilil Ihc greatly lurpaifes them in every
Thing elfe? No furely : And excepting her Haughtinels, which often made her
regard Trtfd'c as little worthy of her, or her Impatience, which almoft always
diicouraged her on the firft DiHiculties^ there is certainly no one that could carry
on Commerce with more Advantage, or to whom (I may affirm) it is more
proper, when flie will applj herfelf to if in earn;ft.
What is there in effcdt wanting *o France of all that is neceffary to carry on a
confiderable Trade ?
She has an infinite Number of Inhabitants, liardy, enterprizing, laborious,
and, at the fame Time, full of Genius, Addrefs, and Induftry.
Her Lands, which are as fertile as any in tho World, deny her hardly any
Sort of Fruits, Provifions, Drugs, and othe' Merthandizes.
Her different Provinces, according to th : Divrrfity of their Soil, produce in
Abundance, Corn, Wine, Salt, and every Neceffary to the Support of Life.
There is found Silk, Flax, and Hemp, fo: ail Sorts of Stuffs and Linens, or
other Works which are made of thefe Materials.
Its Paftures feed an almoft incredible Quantity of large and fmall Cattle,
which ferve for Nourifliment, and to furniih excellent Hides and fine Wools',
and its Mines produce the mod neceflary Metals and Minerals for Arts and
Trades, and for the Fabrick of Manufadures.
If its Merchants inclined to a foreign Trade, the two Seas, which wafli its
Coafts, open to them excellent Ports, and offer them the Commodioufhcfs of
carrying it to the foui Quarters of the World.
If they will content thcmfelves ^/ith a home Trade, the French Manufaflures,
or thofe that are imitated from Strangers, are arrived to the lafl Degree of
Perfeftion, by the wife Regulations, and by the Attention of the Magiltrates dc
Police and Inlpedtors, appointed to take Care of their Performance.
In a Word, it may be faid, and I fhall fay it without Exaggeration, that
France reunites at home all the Advantages of Commerce, which arc found divided
among the other People of Fjirope, and, that being fufficient to itfelf, it can
abfolutely pafs without other Nations, and content itfelf with its own Abundance,
whilft they, on their Parts, will find it difficult to lubfift without our Succours,
and that great Commerce, of which fome (and with a great deal of Reafon) are
fo proud, would loon be feen to fall, if they ceafed to receive from us that infinite
Number of Merchandizes which are neceffary to them, and which it is with
DitHculty they can find rlfewhere.
It is this Truth ill underftood, and urged too (at, that has given room to that
Paradox fo dangerous, which they of this Way of thinking would eftablifh in
thefe latter Times, th?i France ought to carry on no Commerce vith Strangers,
and that flie would always be fuHiciently happy and flourifhing, if it did not
want Labourers and Soldiers.
The Neceffity of the one and the other is indifputablc; without Soldiers our
Frontiers would remain open to our Enemies, and the Kingdom without Defence;
and withou' Labourers to cultivate our Lands, they would be no longer lutHcicnt
for o>ir Suj port. But upon what fliall the Pay and Maintainance of our Troops
be el>ablifhed, if Commerce, which is the moft fruitful Source of the R'.-hes
V 'liih enter our King's Exchequer, be taken from us? And what will the
Labourers do with their Crops, (though never fb abundant) if they have no lunger
an Opening to get rid of their Superfluity; .ind, by VVant of 7V<7</r', they fi'C
thole Provi'ions milcrably perilh on their Haiuis, wliich would have inriched
thcni, if they had palled into thofe of their Neighbours?
The Merchants then arc a third Order of Perlons, of which France has need,
and wiio are not lefs neceffary to her than her Soldiers and Labour'jr>i and
C'jmmerci
is
•';¥ '^
wA
1 6 y^« Hiflorkal Deduclion of Tr a de
Commerce is a ProfclTion, without which all would languKh in the Kingdom,
and the too happy Inhabitants would (a,s one m.iy lay) link under their own
Abundance, as they neither could conlume the Whole at Home, nor have the
Liberty to carry a Part abroad.
It is furticicntly comprehended, that by Commerce (fuppofcd fo neceflary to
France, and to which it is known, that the French are at leaft as fit as the other
Nations of Europe) is not to be undcrltood that which is carried on in our
Provinces, by the Communication which they have with one another, of the
natural Produdtions, or the Works of Art, that they have each at home (for this
Trade would be always flourifliing enough, if there was a Care at the fame Time
to carry on that abroad) but it is the Commerce which may be maintained with
Foreigners that is principally in View, whether they come to our Ports to carry
away thofe Merchandizes of which they have need, or whether we fend our Ships
to load with thofe which they have and we want.
It is true, that for long Voyages France has already at Home a Company of
Commerce, of which the lirll Succcfs feems to promifs, that it will not one Day
be any Thing inferior to the more celebrated ones eftablillied among our Neigh-
bours; (o that, without encroaching upon the vail Grant of a Company fo
profitably formed and fo wifely conduifled, I fliall content myfelf to animate the
French Merchants to fuch other Objedts of Commerce as they may Ihare with the
other Nations oi Europe, or even that they may carry on with a greater Facility
and Profit than they.
Thefe Hopes, with which I dare flatter our Merchants, are not falfe nor even
dubious. Whofoever furveys the Parts of Europe where the EngliJJj and Dutch
carry on their moft confiderable Trade, Spain, for Example, or the Towns of
the North and Baltick Sea, (not to enter into a longer Detail) I fay, wholbevcr
furveys them will fee whether thofe Trades will be moft eafy to them or us.
Almoft all. the neceflary Merchandizes for thofe two important Trades are
found in France; on the contrary, England und Holland hz\c hardly any.
We have for Spain Stufl^s of Gold, Silver, and Silk, Clothes, Woollens, Linen?,
Paper, Hats, all Sorts of Stockings, Cards, Laces of Silk and Thrcid, Mercery,
Iron Wares, and many others. The North cannot pafs without our Wines,
Brandies, Vinegars, Salts, Prunes, Chefnuts and Walnuts; fo that it will
prefently be decided, to which Nation the Loading of Ships for the North, or
Spain, is moft eafy; whether to the French, who, without borrowing any Thing
from others, have, within themfelves, wherewith to make up an entire Cargo ;
or to the Englijl) and Dutch, who come to feck in France what they want, and
who, deftitute of this Succour, would be obliged to fciid their Ships half loaden,
and without the proper Aflbrtmcnts for thofe two Countries.
It is alfo the lame in Proportion with all other Trades, by which the French
may enter into Competition with their Neighbours.
In regard of Profit, the Proof is as clear, and fliorter. Whoever fells at
fecond-hand can make but one Gain, whilft he that fells at tiie firll acquires
two; the EngliJJi and Dutch are in the firft Cafe, the French in the fecond; fo
that thofe can only benefit thcmlllvcs on the Price, which tlic iMirthandize
they fell in Spain and the North, cofts them in France, and thcle add yet to the
laid Profit, that which was made on the firft Sales of fuch Mercli.iiulize.
This is not enough; the Advantage of Returns, is yet all cniircly on tiie Fart
of France, fince that the French Ships, by bringing back the Northern and Spauijh
Commodities, take away from Strangers thofe inimenfe Profits, which they ui\;d
to make on us, when they brought the fame Merchandizes into our Ports.
One cannot on this Subjeilt help exprcliing fome Concern at not feeing
cftabliflied in France that wife Policy of tlie EiigUjh, who, by their AJ of
Navigntion in the Y'ear 1660, ordained, that none of the Mcrchandiz s and
Produds of Europe be brought into England, nor the Statej that depended on it,
by other Veflels than thofe which fail Irom the Ports of the Country where the
Commodities grew, or »"he Merchandizes were made; and that none cf the
Merchandizes of the Growth of AJia fliall any longer be brought, in but on
Englijh Ships, or thofe appe'-taining to the Eiiglijh.
A Policv
from its OrigifiaL \<^
w
^
at
ires
lb
kiizc
I the
'art
'iijh
|iK;d
■on
lev
A Policy certainly both prudent and equitable, and, if it had Place airiong
us, would open our Ports to Strangers, which fliould bring the Merchandizes of
their Country, and wifely (hut thcmagainft thofe who, having nothirig of their
own Growth, come to fell us thofe at a dear Rate which they have collcfted
from all Parts of the World; and that, flattered by our Indolence, or, it may
be, by our Vanity, they have infenfibly accuftomed us to receive only from
their Hands, at an excefiive Price, what it would be eafy for us to get oti mucli
better Terms, if we would only take the Pains to go fetch them.
It may probably be alledged, that, as the French Marine is not in any
Degree comparable (but much inferior) to that of their Neighbours, with
whom they are invited to become Competitors, by a Sea Trade, there is but
little Appearance that they Hiould ever find the Facility or Advantages, with
which they in vain were flattered in carrying it on.
And it muft be confefled, that, in the Maritime States, Coff!n:erce and Navi-
gation ought, as one piay fay, to go the fame Pace, that there is fo drift and
mtimate a Tye between the one and the other, that Trade is without Strength,
whilft the Marine is languifliing, and the Weakncfs of the one neceffarily draws
on the Fall of the other.
But befides, that our Ports are not fo unprovided with Ships of War, as to
leave the French Merchants at any Time deftitute of Convoy and Guards, to
favour and proteft their Trade; what Doubt is there that, ev«n on this Part,
France, when fhe pleafes, need not yield to any other Powc- whatever ?
Our Neighbours are obliged to go fetch from abroad the gieateft Part of that
which is neceflary for their Armaments; Wood, Iron, Cordage, Sails, all thefc
come to them from Foreigners; inftead of which, our Provinces eaiily furnifll
us with the heft Part of that we have need of for the building and fitting out
our Navy.
Some of them have Wood proper for the Bodies of Ships; and there are;
found in the Mountains, others fit for making the reft of their Materials/ therd
are, in many. Mines of Copper and Iron fuflicient to fupply our Yards and
Docks; and all, in general, arc lb abundant in Flax and Hemp, for making Sails
and Cordage, that it is even from us that other Nations receive the greatelt Part
of thofe they confumc in their Rope- Walks, or that their Weavers make into
Cloth proper to fail their Vcflels.
We are not more in want of Provifions c r Ammunition, but are even in
a Condition to fpaie Part to others; and, to man our Ships of War and Merchant
Fleets, we have more than fixty thoufand Sailors, diftributed in five Clafles, of
•which the Rolls are renewed annually, and of which the one is always accounted
engaged, from the Beginning of each Year, to ferve in the King's Ships, and
the four others are referved for the Merchants Service.
Thefe Hopes, which are founded on fo many Advantages, that niight render
our Marine flourilhing, either for War or Trade, are certainly not in the Number
of thofe ideal Projefts, that it is not poflible ever to carry into Execution.
Thofe Times, lb glorious to the Marine of France (1690) are flill remembered,
when our naval Forces, equal to thofe of our Enemies, obtained tlie Viftory
over the united Fleets of the Two Powers, who each in particular would have
attributed to it the Itmpire of the Sea; and we have not in the leaft forgot, that,
during a!i the War which was terminated by the Treaty of Ryfwick (1697) our
Privateers, fuperior to thofe of the Englijh and Dutch together, took from one
of them fo great a Number of Ships, that their Merchants (who avow that their
Lofs amounted to more than three thoufand Veflels) were oblit,'ed to carry their
Complaints to their Parliament; and the Trade of the other was fodifturbedor
impeded by the fortunate Cruizes of the fame Privateers, that this was one of
the principal Reafons that made them defire a Peace, and, in fome Sort, to
demand it with Eagernefs.
It is not, however, to be denied, that Events which Prudence could not
forcfee, nor Courage repair, have weakened the Frwff A Marine; but why fliould
we lofe the Hopes of feeing it recover? That which fo happily fuccecdcd undei*
the Reign of Leviit XIV. will it be impoflible, if undertaken, to profper uiider
that of Lrjiii XV? This young Monarch, in whom flitx»es fo many great
F Qualities,
V'
141
IV''
m
KiH
ri
1 8 Jfi Hiftorical DeduSlion of Twkm.
Qualities, tliat they feem already to forctel tlic Happincfs and GJory oi Fraisre?
And an Eftabliflimcnt, which is feen pulhcd on almort to Perl'e(iti()n, under- the
Miniftry of Monf. Colbert, and of the Marquis ai Scigiielay his Son, why inw it
not gather new Strength, fupported by tlie Care and llxperiencc of a Prince
who has recorded his firfl: Campaigns at Sea by a Vidtory, and who labours
with fo much Application to reftore us a Marine, capable of making our Colours
always refpedted; and, at the fame Time, to put our Merciiants in a Condition
of carrying on, in all Parts of tlic World, a Cummaxe, for wiiith they have fo
much Facility and Advantage ?
Mr. iSd-uaryhcre finifhes his Sentiments of his Country ami tlic French Nation;
and, I think, he has proved a true Prophet, in regani to their Comnwrcc, which
has been greatly extended and cncreafed <incc his Time, to the no fmall .
Detriment of ours. They were at leaft a Century behind us in Trade, (though
ve ourfclves got late into it) and it is a Matter both of Surprize and Concern,
that they have, in any Shape, exceeded us in it, as dcfpotick Governments arc
not calculated for its Encouragement} and, had not Lewis XIII. and XIV. ftept
out of the common Track of arbitrary Kings, in order to protedl and render it
flourifliing, we fliould never have kun that Nation, from Competitors with,
become fuperior to us in any Branch of it; but the good Regulations made in
thofe Kings Reigns, and fince continued, added to the Fertility of the Soil and
'Temper of the People, (who can content themfelves with a lefs expenfivc Way of
Life than we are unhappily fallen into) have enabled them to carry many of their
Commodities cheaper to Market than our higher Wages, and dearer Living, will
permit us to do, and confequently robbed us of the Sale of our inferic* Sorts of
Woollens, which they have been able to imitate} but, as I Ihall fpcak of this
when I come to treat of Commerce in general, I Ihall only add here, that I fear
they now equal us at leaft in the Difpatch of their home Manufactures, though
I hope not in the Produfts and Trade of their Plantations, their Sugar Colonics
only excepted.
Mr. Savary having left the EngUjIi out of this Hiftorical Dedu6Uon of Trade,
as if they had been a People without any Concern in it, I can only impute to
that Deference he every where pays to his Father's Judgment, whofe malicious
Infinuations againft us, in his Parfcat Ntgociant, the Son muft have contradicS^d,
had he treated us with the fame Impartiality he has others; to avoid which, and
not expofe the Weakncfs of his envious Parent's ill-grounded and mijuft Invec-
ives, we may prefume were the Motives that induced him to (kip us over in his
Account of "IVading Nations, and made him prefer leaving a Chai'm, rather than
a Bloi, in his otherwifc valuable Works; though he is not wholly to be acquitted
from inheriting or adopting Part of his Father's Partiality, as he has copied
fome of his Afpcrfions, when he fpeaks of us in the Body of his Didionary ; to
confute which, and do Juftice to my Countrymen, I fhall endeavour to improve
this Opportunity in demonftrating his Unfairncfs, and in ("upplying his Defeft,
that we may appear in the true Light we ought in the Hiftory of the European
Trade; and in order thereto, I fhJl here brieriy mention what occurs to mc
concerning our firft Engagements in Commerce, and refer .-ny Reader for a
more ample Account of it to what I fhall have Occafion to add hereafter.
Though it muft be allowed that the Englijb, in refpedt of nioft other European
Nations, fell lately into Trade, yet they have improved in it with an amazing
Rapidity.
It is many Ages fince they knew the Value of a naval Power, and were taught
by the Romans how necclfaiy this would be for their Defence and Support, as well
as conducive td their Commerce with other Nations; the former you have fccn
before were Mafters of Trade, and confequently in a Capacity to give Leflbns ;
they knew the great Advantages derived to Kingdoms from it, and indeed that
this only could make a Nation flourilh They confidered how capable of
Improvement our Country was, and, being fettled among us, were deiirous of
rendering tliis Union as advantageous as poiliblc, and, having met with a People
brave and diuing as themfelves, and in every Relpedt fit to undertake any
hazardous Enterpri;:cs, they would certainly have railed Commerce to a floui iOiing
Pitch, had not tlieir own intellinc Broils called thciii Home, and, Ours on this
Occurrence
Commerce
OF THE
English.
from its Original.
19
Occurrence encreafing, left Trade to languiih, as it did for Ages after, till our
victorious Edward the Third, and afterwards the glorious Queen Elizahrth,
animated their Subjefts to an Imitation of their Neighbours, and, by proper
Encouragements, led them in to (hare the Advntages which hitherto other
Nations only had reaped, exclufive of them; and the Introdudion of the
Walloons by the firlt, and the Admiflion of the dijtrejl'ed Burs;uridiijns by the
latter, opened to our Countrymen a new Scene of I'rade, which has fiuce been
improved to the greatcft Height, and brought immenfe Riches Home to us
The Encreafe of our Trade has confequently been that of our Power, wliich is
happily rifcn to the Summit of human Glory, as there is no Potentate on Earth,
wJio can equal our maritime Force, become now the Bulwari< of our Country;
and may it always continue unrivaled and triumphant whilft Time endures!
I (hall in the Body of the Work fpeak of the Britijh ComrKurce as it ftands at
prefent, and, in the mean Time, beg Leave to congratulate my Countrymen on
their happy Situation for cariying it on, which is hardly to be equalled, not fur-
pafied in any Country in the World; and what Mr. Savary Hiys of France, may,
with little Variation, be more julUy aflcrtcd of Great Britain, viz. that (he has
an iniinite Number of Inhabitants, hardy, enterprizing, laborious, and, at the
fame Time, full of Genius, Addrefs and Induftry.
Her Lands may juftly be counted fome of the moft fertile, and their Produdls
of Fruits, Provifions, Gfr . as plentiful and as good as any in Europe, and her
Merchandizes more than other Countries can boaft of.
Her different Counties, according to their Situation, produce Corn, and every
NecelTary of Life in Abundance, which, on many Occafions, have kept fevcral
of our Neighbours from ftarving.
We have Hemp and Flax for the manufaduring our Linens and Canvas, now
brought to great Pcrfedlion, and our Pafturcs feed an almoft infinite Number of
Cattle, which not only fupply our Markets with excellent Food, but furnilh us
with fine Wools, and the bcft Leather in the World.
Our Mines produce Iron, Lead, Tin, Copper, Coal, &c. in Abundance, and
our Forefts and Woods are fo well ftocked with Oak for Shipping, as feems to
promife (under our well-regulated Laws) an inexhauftible Supply.
Our Seas are well filled with their finny Inhabitants, which, according to the
Steps lately taken by the Legiflature for an Encouragement of our Filheries, and
ready Concurrence of our Merchants for promoting fo beneficial a Defign, muft
prove productive of immenfe Riches to the Nation, befides occafionally providing
comfortably for our Poor, which Advantages have for many Years part been
fcaped by our induQrious Neighbours.
I think a Work of this Nature ought not to be clofed without mentioning a
Word of the Spaniards, who, like us, have been part over by our Author in
Silence i for, though they have been tardy in finding out the Advantages Nature
has given them for Trade, and have long remained blind to their own Intereft,
yet their Commerce is not fo dcfpicable and fmall as to be overlooked when we are
treating of trading Nations.
Their Difcovery oi America, and their fabfequent Settlements on that Conti-
nent, gave Birth to their Trade and Riches; for, though a potent Nation before,
in Dominion, they wanted the Sinews of Power, which the Mines of Mexico
and Peru have fince produced them.
They have very confidcrable Ports, equally well fituated for Trade, both on the
Bi/iayan snd Mediterranean Seas, and where a large Commerce is tranfadted, though
principally by Foreigners, as the Spaniards in general confider Traffick to be a
mean Employ, and confequently a Derogation from that Gentility they almoft
all affeit being born to; however, they have lately formed feme very confidcrable
Companies among them, as that of the Philippines, Guipufcoa, and one lately
cflabliflied at Seri/ie for the manufadturing Woollens, Stockings, Hats, Silks,
and moft other Commodities they formerly imported for their American Trade ;
W)d, having received I'uch Encouragement from the Crown for perfcfting their
.otlier Manufadures, that they have, for fome Time paft, clothed all their
Troops with their own Cloths, and the King's wearing them himfelf, and pro-
hibiting the Importation of foreign ones, has brought their Fabricks into ("uch
i
m
CoMMERC!
or THE
Spaniards,
' *1
great
.1-
i
20
"/
h
CoMSItK
OP TH
Arabia
yin Hiftorical DeduSiion of Travi.
gfcat Repute, that they arc daily encrcafing, ?nd the uncommon Privilege
granted the Weavers, it is to be prefumed, will, in Time, animate them to
new Engagements, and teach them to imitate the other Woollen Fabricks of
Europe, as they have been (6 Aiccefsful in copying their Cloths, more efpecially
if they can procure Workmen from their Neighbours to aflift them, ts they
have lately endeavoured, and, in fome Degree, fucceeded in, from hence.
Their Silk Manufaftories have likewife kept Pace with their Woollen ones,
and both their JVeJl-Indian and European Dominions arc now principally fupplied
by them, as they were formerly from France, (a that their Eyes having oecn
opened to thcfe Advantages, both OA/and Ne-rv Spain feel the falutary Effects of
this Difcernmcnt, and, if the fame Meafures are purfued as have been fo happily
begun in Favour of the Subjeft, we may reafonably exped, in a few Years, to
fee them a more flourishing People than it was pofTible for them to be, rill
rouzed, from their former Indolence and Neglc(5t, to a juft Senfe of the
Advantages that Indiuftry and Applica»'on offers them.
I might here mention their Tuiuiy Filhery, and fome other Inftances of their
Improvement, but rtiall refer expatiating or defcending to Particulars till I come
to treat of them in the general Body of Trade, and only add here an Obfervation,
that as the Spaniards have improved the different Manufadtures I have mentioned,
their Neighbours have proportionably found a Decay in theirs, which can only
be remedied by fceking other Channels for the Sale of their Commodities,
though, I muft confefs, I think this to be dcfpaired of, when the common
Paths of Trade arc become fo beaten, and every Branch of it fo prejudiced by
Interlopers, except the following Sheets open new Scenes, which, by Care,
may be improved to the Adventurer's Advantage. I fhould here mention fome-
thing of tne Swedes, Danes, &c. but fhall refer my Reader to what I (hall
afterwards fay of their Trade, when I come to defcribe it minutely.
Addition, communicated by Dr. Garcin*.
Hiftorians fecm hitherto to have forgot, by the little they have faid, that the
jirabians were the firfl Navigators, and the mofl ancient of all the Earth, that
opened the Commerce between AJia, Africk, and Europe; this is a Thing,
however, very eafy to be proved, notwithflanding the Invention of Navigation
is attributed to the Tynans and Egyptians, at the Beginning of this Hiftorical
Dedudtion.
The Situation of their Country, which is, in this Regard, the mofl favourable
in all Refpeds, at firfl naturally brought them thither. Ap Arabia is a very large
Pcninfula, wafhed by the Sea on three Sides, and its Entry on the fourth being
the mofl difficult, by reafon of the Extent of its Defarts, which are filled with
Sand, and without Water; Neceflity induced this Nation (one of the mofl
aiicient) in order to procure an advantageous Communication with others, to
open PafTages by Water, to invent the firfl marine VefTels, and to form itfelf
courageoufly to Navigation; it had fo much the more Caufe to improve, and
become acquainted with its Seas, as it was no great Diflance from the Indies,
which (as is known) was at all Times fuller of Riches than any other Part of
the World,
This Praftice being attained, it was much cafier for its Inhabitants to pafs
by Water to many of their Neighbours, than to traverfe Defarts fo dangerous,
and to make fuch great Tours, either to go out of, or to return to their Country.
Thus it was by their Fleets that they correfponded wherever there was Sea, and
by Caravans on the Land Side to the Mediterranean; it was, in fine, by thcfe
powerful Means, and by the Arabians only, that the mofl fought for, and pre-
cious Things of all the Indies, pafl from Eafl to Wefl, in the mofl Ancient
Times, and in tfaofe which followed, until that of the Emperor Auguftus.
This Nation, according to Hiflorians, has been the richefl of the World, in
the carliefl Ages, as we fhall foon fee by relating what they have faid of it; and
this is one of the flrongefl Proofs of its ancient Commerce with the In&es, and
from thence with the Countries which border on the Mediterranean; for the
M. D. of Nirfcbttl.
Tyriatts
U'
from its Original.
21
Tyrians and Egyptians were not formerly flourifliing in their Commerce, otherwift
than as the Induflry and Riches of the Arabium made them li), who furnilhed
them (under large Profits) with all the Merchandizes of the IJles, and of the
Maritime Coafts of AJin, the fame as tiie PortugueJ'e and Dutch have fome Time
fince done in Europe, and it is by this fame Commerce of the Indies that tliey arc
inri ^d. The Oriental Sea was to the Arabians what tiie Mediterranean was to
Phenicia and Egypt; thefe three Nations enriched thcmfelvcs mutually by the
Trade of thofe two Seas, each having laboured on its Part, for the propcreil
Means to cultivate it by Navigation in the two Seas, and by Caravans through
the Lands that fcparate them.
It is known oy very ancient Experience, that the richefl: Countries are not
ordinarily fuch, but by the Means of Commerce and Navigation. The Sabeans,
an Arabian People, who inhabited the Countries bordering on the Indian and
Red Seas, were incomparable in their Sumptuoufncfs and Riches ] one need only
read Agatharchides, Diodor. Sic, and Strabo, to be convinced of it by the Detail
which they give. They drained (fays the firft of thefe Hiftorians in PhotiusJ the
Treafures of A/ia and Europe by the Exchange they made of the mod precious
Things. They furpafTed (fays the fecond. Lib. III.) by the Riches and
Abundance which thqy had of all precious Things, not only thofe of Barbary
their Neighbours, but alfo all other Nations. Confiderable Sums were ncceifary
to purchafe a middling Quantity of their Merchandizes; thefc lame Hiftorians
(with Strabo, Lib. XVI.) lay, in fine, that thefe People, fo rich by their Commerce,
made Ivory, Gold, Silver, and precious Stones, to Ihine in their Furniture, upon
their Doors, Columns, Walls, and Roofs of their Edifices, and that they pof-
felTed a very great Quantity of Gold and Silver Veflelsi they relate, that their
Expences were enormous in all Things, even in Works of the moft admirable
Sculpture and Engraving; in a Word, that their Magnificence was unequalled,
which dcmonftrates that this Nation was fltilful, bold, and venturefome in the
Indian Trade and Navigation, and that it was by her that the Tyrians and Egyptians
flourilhcd fo much in theirs, and upon the fame Merchandizes, which they
received and pafled to the other weftern Nations, the moft remote. The
Prophet Ezekiel, Chap. xvii. Verfe 22, in addrefiing himfelf to the City of Tyre,
fpeaks of this Nation of the Sabeans under the Names of Sheba and Raamab,
which were two Places of Arabia. The Merchants (fays he) of Sheba and
Raamah, were thy Fadtors, making thy Fairs valuable in all Sorts of the chief cji
Spices, and with all Sorts of precious Stones and Gold: This is a fure Teftimony
of the Antiquity and the Opulence of its Commerce which it had with the Indies.
It was this Opulence (fays Strabo) which determined Alexander the Great to
make Sheba the Capital of his Empire; and it was this alfo (according to the
fame) that tempted the Romans to its Conqueft in the Time of Augujlus; a
Time in which they began better to know the Oriental Sea, and the Coafts
which limit or bound the Weftern.
We may believe, as the greateft Part of the Ancients did, that the precious
Merchandizes of the Arabians were all the Growth of their own Country; but it
is a Miftake, they being carried to them; for it is certain that Arabia has never
produced of itfclf the fixth Part of its Riches. Of all the Aromaticks there
only grow Incenfe, Balfam, Myrrh, and Calamus Aromaticus, the two laft of
which were not fought for, only as they were deemed to be fomething better
than thofe which grew in the other Parts oi A/ia and Africa. It may alfo have
a little Gold, but in no Quantity, as fome of the Ancients imagine; the Arabians
brougV-t it from India, the fame as they did other Aromaticks, precious Stones,
and rich Merchandises of all Sorts. Strabo feems to infinuate fo, in faying,
that they changed their Aromaticks and precious Stones againft the Gold and
Silver of Strangers. One may be perfuaded, that in the Parts ofAfa, the Origin
of all thele Things is yet near the fame as it was in former Times, all the
Dift'erence being that it is now infinitely better known.
The Incenfe, in Reality, was to them of very great Advantage, as they
furnifhed ail the weftern Nations with it, who were then Pagans, and con-
I'equently confumcd infinitely more than they do at prefent: But, as the Ancients
v.crc palFionately fond of all the moft exquifite Aromaticks, thofe which the
G Arabians
9>
I
m
■i
In
w
leir
%% An Hijlorical DeduSiion of Tr a dE
Arahiam brought from India making the grcatclt Number, made alio fl
greateft Richc;.
The Aloe Wood, Cajfia, and Cinnamon, which are mentioned in many I'.ifiagcs
of Scripture, and in the moil ancient HiUorians, made, beyond Dilpiite (;ittcr
the Gold) the principal Branch of their Commerce. Malabar, Ceilon, and Sunuilra,
(or Malacca itfelf) were really the principal Places where their Flci-ts often went
to take in their Loadings, as it was only from thence that they drew all thole
rich Merchandizes; thele were formerly much better eltecmcd than they :irc at
prefent; and, as this Nation only fupplicd all the Countries of the World that
wanted thofe Commodities, this Is yet another demonllrativc Proof of their
ancient Navigation to the Indies.
It is neverthclefs a Matter of Surprize, that ancient Hiftory does cither not
fpcak of it at all, or, if it docs, it is in a Manner very obfcure: This proceeds
from Arabia being very little frequented, and confcquently very little known to
other Nations. The Diriiculties that there always were to traverfe its fandy an<l arid
Deferts, and to be covered from the Robberies which a Part of its Inhabitants
were always given to, in beating the Field, plundering the Caravans, and ftripping
the Travellers and Merchants, as Mr. Huct rightly obferves in his TrvatiJ'e of
Commerce; thefe Difficulties, I fay, were the Caule that our firrt Anceftors coui'd
not be informed about it until the Time of Alexander, or even till that of
Augujlus. We may likcwife ftill add, that their Navigatlun was but little
known even to the Time that the fortugueje went to Indir. by the Cape of Good
Hope, and that thereby they run away witii that rich Eunfnm Trade, \\'hich the
others carried on by Means of tlie Egyptians, and thefe by tliat of the Venetians.
They were therefore always Mailers of the Indian Sea, by their Navigation, till
then, as is well known even to all the Indians. This Navigation, as well as their
Commerce, was indeed a little difturbed by the Romans, but this was only forfome
Time. Another Caufe, which made their Navigation unknown in ancient
Times, is that the Arabians, the better to preferve the Commerve 0/ the Indies,
which they found lb advantageous, always took Care to conceal from Strangers,
who lived towards the Mediterranean, the Voyages which tlwy inade on thcOriental
Seas, the Routs or Courfes which they ufed, and the Origin of the Merchandizes
which they brought in, and which lb greatly augmented their Riches.
fiefides, it was thefe Times that the Helps, which ferve fo well now to
communicate with all other Nations, were wanting, and this made Ililbry fo
ignorant of a Country fo dillant. Thefe Helps are Geography, Printing, the
Convenicncy of Ports, and the Improvements m Navigation ; it was I17 thefe
Defedls that the Arabians always fucceeded in their intcndtd Conccalmenr, with
the View of making their ("ommercc lulling, and to attraft thereby the greater
Profits.
And, to have the Thing fucceed the better, and to impofe on the foreign
Nations, who fo very earnellly enquired after their Spices, they invented Fables
or pietended Difficulties that fublilled, above all, in Regard of the Cafjia and
Cinnamon, on which they made the mofl confiderable Profit, and affirmed them
to grow in the Middle of their Country, but in Places almoft inacccffiblc, and
fo dangerous, that they could procure but a very fr .all Qirintity, with
infinite Induilry and Trouble. (It may be feen in Herodotus, Lib. III. where
the Affair is related.)
It was this which made all Antiquity believe, that thefe Spices or Aromaticks
were fcarce, and only to be found in Arabia. I'liny was the firll whodilcovcred,
that thefe Fables were only invented in order to fell their Drugs dearer; but,
on rejedting thefe, he fubftitutcd others nothing inferior, in declaring the Cin-
namon to be brought from Ethiopia, in mentioning the Manner of its Growth,
that of gathering, and tranfporting it abroad, or to Strangers; the Diiliculties he
has ftaniped uponall thefe Circumliances, and on the Means of havin'^ it in Time,
as alio the CaJJia, do not appear lels great, nor lefs fabulous, than thofe of
Herodotus, which he would not admit. (See Pliny, Lib. XII. Ch. 19.)
It is certain that Ethiopia, no more than Arabia, has ever produced either of
thefe aromatick Barks; the Trees from whence they are taken can never be
tranfported, on Account of the different Nature of the Soils, and the Drought
and
from its OriginaL
13
ami Heat whicf reigns there: And it is only in the IJlc of Ceylon the Air ancl
Earth are really fit to nouriih them, fo that it is this 1'I.kv only which has in all
Times fupplied ihe rcll of the World with thcli: Aromaticks.
In line, the ancient Arahims did not invent fewer Fables in Favour of their
Commerce, than the Perfiant did to rcprefcnt the Dangers which they h.ui in pro-
curing the Gold in thoic Parts of /Wm v/hcre they could find it, and which were
believed fandy. This is what may likcwifc be Icen in the Book of Ikrodotus
above cited.
Pliny, who writ obfcurcly of all, fays nothing of the Navigation of the Arabianst
which is a Proof that it was unknown in his Time. He only mentions thut of
t\\Q V\cct of Alexander, which part from India to Euphrates, and of that which
the Romans made every Year alfo in this Time to the Indies: He has delcribed
the Rout from Egypt, but he has made it appear, tliat their VoyagcK only
terminated about tnc River Indus. The Romans, although Maftcrs o{ fonic Ports
of Arabia, did not, in the leaft, difcovcr the Navigation, which the Artihtans
took Care to hide, and which tiicy made dircdtly from fome of tiicir Port;; to tlic
IJland of Ceylon, to load with Caliia, Cinnamon and precious Stones; and from
other Parts of /Ww, to do the fame with other Merchandizes, as Gold, Drugs,
and odoriferous Woods. It feems by the Recital of V liny, that the Navi(».Uion
which the Romans made to that Corner of the Indies ol' which he Ipeaks, did no
Injury to the Arabia;:', only in the Imaller Part of their Commerce.
It is eafy to comMrchend that thefc lail, in Proportion to their navigating
their Seas, (liould hr.ve the good Luck to dilcovcr the Ihorteft Paflages to many
Parts of the fir(l Peninfula of the Ganges, and from that to the other ; for we muil
not believe that the Romans were the firft that crolFed the Arabiiiu Sea, which it
bounds, as Pliny remarks, hib. VI. Cb. 23.
It was infinitely ealicr to the Arahiims to crofs this Sea to India, or to Ceylont
than it was for the tyrians to run over the diltcrent Parts of the Mediterranean.
The firft had fine Weather to chufe at their Pleafurc, and Winds that were fixed
and regular, by whic i they might fecurely perform their Voyages with as much
ExaQncfs, Reditude and Speed, as they had Occalion for, and always in a
Manner equal in the fame Seafons; Advantages which the "Tyrians had but very
rarely 5 they never had fine Weather at a certain Point, on which they might
de|>cnd, fo that thefe had more need of Ability in the Marine than the former,
on Account of the Variablcnefs of the Winds, cloudy Weather, and Tempefts,
which often reign in the Mediterranean.
The Winds of the Indian Sea (rarely tempcftuous) are always regular, changing
twice a Year, and under two Dircdtions, alternately oppotite one to the other j
each larts fix Months, at leaft, if the Latitude is near our Tropick. Thefe Winds
arc th>' South Weft and North Eaft; and they arc called Monlbons, of the which
on° is dry, and the other rainyj the North Eaft Wind caufes the dry Monlbon,
and begins in the Month of Nrocmber, on this Side the Equinortial Line: The
rainy one begins in the Morvtii oi May, and it is occafioned by the South Weft,
wliich makes it laft till OBober. In fine, the Monfoons, which reign at Sea on
this Side the Eijuincxflial, are always oppofite to thofe which reign on the other
Side of tiiat Line.
It is therefore feen by the Exadtnefs of thefc two Seafons, and the regular
Winds of the Indies, that it was not any Thing difticult u> the Arabians happily
to fuccccd in their Navigation for pafling the Sea, not onlv to the ///(• nf Ceykn,
hut alio to th'Xt of Sumatra, or to Malacca, which is in its N.'ghbourhood.
They yet make to this very Day thefe Travcrfcs, in a great McaUirc, without
uling the Compafs, at leaft very rarely; for the Winds, being once fixed and
invariable, ferve them for Guides and Rules in the Direction of their Route,
rlmort as well, and even in fome Manner more exad, tlian they would do by
the Help of the Stars in ferene Weather. What is it then that Ihould have
hindered the performing the fame in ancient Times ? This is what the modern
Hiftorians have not thought of, in fpeaking of the ancient Navigation of India.
(It is probable, had they been on the Spot, as I have been, they would have
thought as I do.)
Many Nations among the Indians have always crofted thefe Seas by the Favour
of thefe Winds. The dry Monfoons, periodically renewed by the North Eaft
Wind,
I:
fll
it
!;
\\
24 j4n Hiflorioal DeduEiion of Trade
Wind, aflills their failing to the Wcftwardi and the Weft Monfoons, formed in
like Manner by the oppofitc Winds of South Weft, ferve them ahb for failing
Eaftward. One Monlbon fcrving them to go, and the other to return, and
thofe always equally certain and regular. , . ,
The Arahiam, waftied by the fame Sea, ought therefore to do the fame Thmgj
and it is what they have always done, according tc the Tradition of the InJitiit
Nations, who regarded them as the Mailers of the Navigation of the Seas, till
the Arrival of the Portuguefe among them, who ruined entirely by that the vaft
Commerce of Arabia, which had been of fo long a Duration.
Plim makes Mention of thefe two Winds for travcrfmg the Arabian Sea. The
South Weft, which was called, fays he, in that Country, Hypaluj, was the
proper Wind for failing from the Cape oi Syagros (which is beUcvcd to be that
oi FartaqueJ to ZiMrm, a Port in India i this is apparently that of the prefcnt
Diu: They, in returning, (adds he) departed from thence in the Month of
December, or even in that or 'January, and this Traverfe was made (according
to him) in forty Days. The Pertplus of the Ked Sea, attributed to Ariantu,
fays the fame, according to Mr. Huef; it informs us farther, that they failed
from Arabia for India in the Month of ful^', and thefe Scafon* are perfectly the
fame now, which ferve for the Navigation m thofe Countries.
Mr. Huet believed, by the Relation ot Pliny, that thefe Courfcs were new,
and had been difcovcred by the Romans, which might be fo in regard to tho
Romans only, but it is abfolutcly not the fame in refped of the Arabians, as thcfc
Routs were at that Time known to the latter, and had been fo for fcvcral Ages.
The Author of the Periplus before-mentioned fays, that it was an ancient Pilot
named Hypalus, who firft difcovered (by Favour of a South Weft Wind) this
Courfc to the Indies, and that his Example was followed with fo much Succefs,
that they gave to this Wind the faid Pilot's Name*. However, we ought to be
pcrfuaded, that this only regards (as has been faid) the Navigation of the Romans.
In fine, after thefe Eclaircifements, we ought not any longer to be fnrprifcd
at the ancient Splendor of the Arabians, which, at the fame Time, occafioned
that of the Tyrians and Egyptiansi the commodious Situation of their Country,
the Pleafantnefs of a frequent or almoft continual Serenity of their Sky, the
diredt Regularity of the Winds which reigned in their Oriental Seas, and their
own Spices (above all the Incenfe) were Advantages which would naturally
render them flourifhing, if improved (as they always were) by them; and it
may be added, that the Goodnefs of their Ports (infinitely better than all thofe
of India) was the Thing which favoured them moft in their Commerce, i am
ftrongly led to believe, with Mr. Huet, that the Surname of Happy, which
Arabia anciently received, only came from the Excellency of her Harbours, and
from that of her former Commerce. This Arabia called happy, was never fo
rich in its own Produdt as to merit fo fine an Appellation; it might rather have
been given her for being the richeft Nation in the World by her Traffick with
Strangers, than becaufe tier Soil was found better comparatively than that of
Stoney or Defert Arabia.
The laft Remark to be made is, that the Treafures and Commerce of the
y?r<7^<7«j enriched the neighbouring Nations; Judea, above all, felt it moft, as
may be judged by the Revenues and Wealth of Solomon, which the Scripture
defcribes to have been fo very great, in the tenth Chapter of the firft Book of
Kings, and the ninth of the fecond of Chronicles, where it is faid, that all the
Kings and Governors of Arabia brought him Gold and Silver, befides his annual
Revenue, amounting to fix hundred and fixty-fix Talents of Gold; and it is
likewife from thence known, what were the Prefents which the Queen of Shcba
made him, after coming from the Depth of Arabia to fee him and prove his
Wifdonj, importing only in Gold one hundred and twenty Talents (befides
Srices and precious Stones) making, according to Father Calmet, 8,176,000
Prench Livrcs, or, at the Exchange of 54</. per French Crown, of three Livres,
as it then governed, about 613,200/. Sterling: (though Dean Prideaux computes
it at 864,000/.^ a plain Proof of the great Richnels of this Queen's Country;
and, to tonfirm the many Advantages that Judca reaped from Trade, I think
t Trairi i* Ctmmtru it di la Nrvitttin, far Mr. Huet, Cbaf $4.
2 Dr.
from its OrigiNal.
»s
Dr. Ciiircin might have addcil to wlut he has lliid cjti tliis Siiliici.t, \.\w Mention
that isi made (m the twenty -I'ccoiul Chapter of the tiill Uouk u\ CJ<i(,iiukiJ o\
the Wcahh King DjWhad prepared for the Hoiilc ot" the Lord, v/i';. m biindi,;!
tbouJ'anJ Tuknls of Gold, and a thouj'und tbouj'and "luLitti <(l' Hiliui, m, iking the
immcnlc Sum of 1 170,000,000/. Stcrhng, (according to the aford'aid Dcan'^
Calculation of" 7200/. per Talent of Gold, and 450/. />«•;• Talent of Silver) only
in thofe two ^k•t4ls, befidcs Urals and Iron without Weight, and the Addition
that he made out of his privy I'urfe, towards that pious Work, of three thoufand
Talents of Ciold, and feven thoufand Talents of refined Silver, as hinted in the
and fourth Vcrfej and wc
Ti)ul the Fathers and Princes
twenty-ninth Chapter of the abovcinentioncd Book, u
m.-iy fuhjoin what is recorded in the fcventh Vcrfe, Tb
of the Tribes o/'Ifrael, &c. gave Jive thoufand Talents, and ten thoufand Drams of
Gold, ten thoufand 'Talents of Silver, eighteen thoufand TaJents of Ural's, and an
hundred thoufand Talents of Iron, as an additional Proof of the Benefits brought to
this Country by Commerce; for none of this vail Trcafure was the Produdl of it,
and confequently muft have been imported, to the great enriching both of Prince
and People, as plainly appears from the Magnificence of their Gifts. And though
wc h.-ive not the Account of King David's Trade to the Land of 0/>hir and
Tarpnjk, as materially remarked as wc have that of his Son Solomon's, yet he
undoubtedly commenced it, on his Conqucfl of the Kingdom of Edom, which
made him Maftcr of Elath and Eziongeiar, two Sea-Port Towns on the Red Sea,
from whence he might, and certainly did, diredt his Trqffick to the Coaft oi Africa
weftward, and to Arabia, Perfia, and India on the Eaft} and, as he lived twenty-
five Years after making that Conquefl, wc may account for his amafring fuch,
otherwife, an incredible Sum, by the long Continuance and vaftProfit of hisTrade.
lam not ignorant, that many learned Authors judge the Talents abovementioncd
to have been lefs than they arc here calculated at; yet, fuppofing with them, that
they were not above half the Value, the Sum ftill remains prodigioully great, and
fliews, what 1 am contending for, that only Commerce could furnilh fuch a
Trcafure. Mr. Malynes fays, in his Lex Mercatoria, (Page 261) that it is
recorded, tliat David left m Gold (befides Silver) an hundred and eighty
Millions Sterling, and Solomon only eighteen : I prefume he muft mean by the
firft, only that Prince's private Cafli, as the Sum he dedicated to the Service of
God greatly exceeded it, and it is no Wonder the latter left fo little, when we
confider his long Reign, prodigious Buildings, and expcnfive Way of Living.
From the Trade of the Arabians, and in particular their Navigation, we will Navigation
pafs, as a Thing very a propos, to that of the Fleet oi Solomon, which went to
Ophir After what we have feen of the Navigation of the former, it will not
be very difficult to make appear more clearly than has ever yet been done, which
Way it took for performing this Voyage.
Firfl, there is a great Probability, that Solomon was informed by fomc Ara-
bians, or by the Queen of Sheba hcrfelf, long before fhc came to fee him, of th6
Maritime Places, from whence they drew their Gold, their Spices, and the other
rich Merchandizes of their Commerce, as well as of the Rout which they had to
go; and that it was in Confequence of this Difcovcry, that he took the Refolution
to maintain, in fomc Port of the Red Sea, a Fleet for to proceed every three
Years (according to the facred Text) to the fame Places which were frequented
by that of the Arabians ; this could not be otherwife for many Reafons, which
may be deduced from all that I have advanced, and from that which I fhall yet
add here.
Secondh, it cannot be doubted that Solomon, after this Difcovcry, and with the
Defign of drawing from India (according to their Wants) the fame Treafure which
the Ports of Arabia procured, did not take Care to fecure Pilots to condudl his
Sliips to thofe Places; and as his Fleet wanted Men to fit it out, and fcr/e aboard
it, this Prince, for that Rcafon, obtained (as the Scripture informs us) from
Hiram King of Tyre, fomc People experienced in Maritime Affairs, who, as it
likcwife appears, had alfo Ships in the Red Sea (after having fent the Materials)
to join with thofe of Solomon in this Voyage.
It is fccn by what I have faid, in regard of the Arabians, that the Iflands of Ceylon
and Sumatra were the principal Places (tliat is to fay, the richeft) to which they
H failed;
OI'
Soi.nMON'l
Fliet.
Kl
2d ^^i H'tftorkal Deduflion of Trad i
failed ( tlic Mt'ct of Sohmon might ccitainly to ih the Came in holiiinp the (an»p
Rout, I would lay, in travcifiiig the mulrt of'thc Sea.
It taniiot politivciy be atfirmcd, thiit the Ille of Ciyhn\\M been formerly rich
ill Ciuld, as many of the Learned believed, and that this Fleet, which certainly
went thither, drew its Gold from thence, as it did its precious Stones, Callia
and Cinnamon 1 but it may be fupfwfcd, with much u;reatcr Piohability, that it
got it from fomc I'art of the I'cninfula of Malacai, called anciently the Cbcrjomjc
tf Gold, or from the Ill.ind of Sumatni, lincc this has been always, as it ftiU xr,
ifull of this precious Metal. The Sea is as eafy, or eafier, to pafs from the Hie
of Cfylen to that of Sumatrii by the weftcrn Monfoon, than it is froin Arah'ta to
the C*ottft of A/rf/rfA"". or to the Ifland of Ci^/ow, as I have demonUratcd. Thcfc
two Tr.ivcrfes have been alwavs practifed with the greatell I'acility in the World,
and no Navigation of all the Ocean is li) eafy as this. That which the Learned
fuppofe, along the Eaftern Coaft of Africa to Sofala, is ten Times mom ditticult
nnd dangerous, without reckoning that this laft Place is two hundred League;
more diitant from Arabia than the Ifle of Sumalrtt is, and that the Winds, which
are not the (".muc nigh this Coaft, as in the Middle of the Sea, are irregular, and
very often contrary. Inaproocr Seafon, a PaJTagc is now made from Arabia to
Sumatra in lefs tliaii a Montn, which cannot be done in four, from the fame
Place to Soff'ala (by co3S\!in^ AfrickJ in any Time tint mny be chofcn.
Ft i-. then clear that this is that direct Rout from Arabia to Ceylon and Sumatra
which the Arabians took, nnd which the IMcct of Solomon always cho(c as thr
calieft and moft profitable, or as the only one th.it could procure him the moil
]irecious Merchandizes of all the Eaft, as well as all Sorts of Spices.
yiha, which is a moft odoriferous Wood, and which is fpoken of in Scripture,
IS only found in thcfc Countries, and of which it having been always a principal
Commcrct', is a ftrong Proof, that the Fleet of the Arabians, and that oi Solomon,
went to thofc fame Places. Let us yet add, that the Woods of Almugghim came
from thence, (and may rcafonably be fuppofed the Sandal) being affo a fweet
fmclling Wood; it comes from the Idand of Timor, and the Macaffurs have
always carried it to Malacca and Achin, in the Iflc of Sumatra, for Sale to the
other Nations of India, who have ever diligently fought it.
Thefe Elucidations, which ftrongly agree in Favour of the Trutli of thefc
ancient Voyages, ought to draw the Curious from the Perplexities and Embar-
ralftTients, mto which the Commentators on the Bible, by tne Difference of their
Opinions on this Matter have thrown them. The ancient Ilirtory of Commine
receives alfo a clear Light from this eafy Demonftration, where the Navigation
of the Indies has always been, and the Tranfport of the rich Merchandizes that
have at all Times come from thence.
Bcfides, it is fecn by thefe lameEclairciflcmcnts, that it is by no Means neccfl'ary
to make the Fleets of Sohmon and Hiram undertake the painful Tour of Af rick to
fetch cveryTime the Gold and Merch.,Mdizc as tar as Spain, Vi.^y[r. //«(•/ has pre-
tended, and yet more recently the Aut' '- ')f the Speflack de la Nature. Thefe
Gentlemen, on the Credit of fomc am icnt Iliftorians, who relate an Example
of a Voyage that was made round A/rick, have thought they might conclude,
that the Fleets of the Hebrews ami Tyrians, which fiilcd from the Red Sea, made
this Rout in the fame Manner, and, what is more, that they repeated it
(according to them) every three Yoars.
This is not a proper Place to enlarge on explaining the Difficulties that there
were for the Fleets to make this prodigious Tour along Shore, as thefe Authors
have advanced: It is eafier to imagine it in a Clofet than to make it on the Spot,
and to go to examine or prove the Dangers, if they had drawn for themfelves an
cxa(ft Pidure of the Fatigues to be endured in rilking to follow the Coafts of this
great Part of the World, and had painted the unknown Shelves and Banks under
Water, with which the Coafts are fo well furninu-d; the contrary Winds and
Currents which Inft long; and, what is worfc, the Wrecks which Tcmpefts
almofl continually occafion, on being too near a Shore, they would, without
Douht, have changed their Language. Even now, when Navigation is more
pcrfeft than ever, how many Wrecks happen in tcmpeftuous Scafons, when Ships
are in Siftht of the Coafts, either near their Arrival, or after failing from fonie
Port?
f.
nic
from its Original.
Port? Thefe Wrecks vv')iil(l be more rroiiuciit ;inil numerous, if the Fcis iml
Hnvcni were Aranec iirul unknown, and without the inaruic Charts now iifcd, ol'
which they were formerly ipnf)rant.
The Courts oi Ajrhk ire m many Parts ditlicult to frcmicnt, there are ll'jiglit',
Lengths, an«l StecpnelFcs. full of Shelves, anil where trie Sea is tlreaiH'ul in the
Motion and Nolle of its Waves, which break aj^aiull an Infinitude of Koclu.
How many Ships have the Portugui'lie, Englijh, and Dutc'i lolK aiid Hill lolc,
near t!ic Cape ofiiooJ Hope, notwithllanding the great F.xperienie they have
acquired in the Navig.uion on that Coaft? T\ic'\T LolFcs have been ftill greater
on many Otcafions in the very Road of that Cape.
Africk has in Truth always produced (Jold and Ivory, liut \t Is a Miltake to
think that it has alfo yielded Spices and preciouii Stones; if Ilillorians of former
Times, and (among others) Pliny have allirmcd it, t!icy ought to be regarded
an fallen into an Frror in that Reiped, the fume av has often happened to them
in many other Thing-;.
On the contrary, the Indies have nlwavs abundantly afTorded thele ricli Pro
duiflions, with many others, of which ufc has been made in Tnulc. Picfent
Experience fuffices to dimonrtratc thefc two Truths j and thefe arc Kids wliith
frovc in their Turn, that it was not to A/rick, and yet iefs to Sfniin, tint Soiomirr
fent his Fleet to load thofc precious Commodities, fo diligently fought after in
Antiquity. If any fuch Fleet had riflced making the Tour of y(/'ricito come to
Spain, what Appearance or Probability was there that it returned by the fame
Way, and under the fame Rifques, rather than through the Mv///<7 /</«(<;«, to
jet to fomc I'ort in Syr/a, which is much nearer, and the Sea better known and
cfs dangerous.
Op/jir And Tarjbi/h, where the faid Fleets went (according to Scripture) are not
then the fame Places that MclT. Iluet and P/uc/jc have endeavoured to eflablifli
in Ajrick and Spain, viz. Ophir at Sojf'ala, and 'Tarjhijh in Amialujia. 'I'lie learned
Bochart has likewilc found thefc Places in the Indies, notwithllanding the
Oppoiition which the Abbe Plucbe made againrt him. I am (Inuigly led to
believe, with Antoine du Pinet, (the Tranflator of Pliny) that Tarjhijh was
Gwzurate, named by Pliny himfclf ddroji Populi. That Author always tranflated
this ancient Name in that oi Tarjhijh and 'Juzurate.
The firft Voyages of the Indies were maJc from that Side, and it is probable
from this, that the Hebrews called the Si a which bordered on it, the Sea of
TarJJjiJh, todiftinguilh it from the Red Sea, which was the nearcft to their Country
among thofe to the EaAwardof them.
In fine, in Refpeft of Ophir, it appears, that that Place muft be Sumatra,
becaufe this IJlc has always been the richeft in Gold; or elfc the Pcniufula of
Malacca, believed to be the Golden Cher/onefe of tb'; Ancients, and where were
found the odoriferous Woods, and otiier Aromaticks, which the more remote
Nations have always brought there, and even to Achin, the Capit.d of Sumatra.
To finirti this Matter, I (hall remark, that the Author of the Spectacle de la
Nature has flretched to demonftrale, " that the Knowledge of the North Star
" rendered Navigation anciently more bold and fortunate; that tlic Phetiicians
" were tiiofe that applied themlelves to it moft; that tlicy taught it with Succefs
" to the Ilelreics, and that they ferved ft)r Guides to the \'\ci:ts of Solomon; and
•' that, in fine, by their indeflitigable Adivity, and by their continual Attention
" to the Information of the Polar Star, they penetrated every where:" by
which this learned Man gives us (without Uoubt) to undcrfland, that thele
fame Phcniciaus made the Hebn'vs make the Tour of Africk by the Allillance of
that Star; but how could it ferve for this long Voyage, when it is hardly feen
only at five Degrees of Northern Latitude, that is to lay, one hundred Leagues
on this Sid.' the Line.''
This Author, to lliew that the Phenicians with the lleireivs iniglit make this
Tour CoaAways, relates an Example happened lincc, taken from Herodotus,
viz. tliat Necao, King of Egypt, fent fonie Pilots on the Red Sea, and ordered
them to make the Tour ot yl/'rick, which they did, and, returning by the
Streii;litj of Gibralter, they arrived in I'-gypt the third Year: but when will
another Fleet, (fuppofing this Story true) be able to do the lame? and, feeing
that
i7
m
II
28 An HtjlorkalDedtiSllon ofT'^.kx^M^^c,
that thefc Pilots were fi^ar three Years in making this Tour, tlic I'lect oi Holomm
would not hive failed, being almoft fix, in making tlic fame Voyage twite,
going and coming, without counting its Stay in Spain; belides, a Fleet never
fails (by a third) fo quick, as a Ship or two feparately can.
As thefe Pilots with their People did not incumber themfelves (it is faid) with
many Provifions to make this prodigious Tour, they take Care to relate the
Pufhgc of Herodotus, which fays, thai thefe People advanced into the Southern Sea,
(and that as they were not ignorant, it is faid in this Parenthejis, that the Summer
Rains deftroyed, in the rcmoteft Part of ^frick, that which was fown in the
Spring) -when they found themfelves in Autumn, they landed, fowed, and -waited the
Crop, "without ever leaving the Coajls of Lyhia., (that is to fay, of AfriciJ getting
in their Harvejl, and reimbarking.
This favurs flrongly of a Fable, to any one acquainted with the Country and
Soil of Africk; belides, Herodotus fuppofes a Thing of which he was ignorant,
viz. that our Autumn makes fhe Spring in the meridional Parts of Africk, their
Seafbns being oppofitc to our:. There might be many Things offered to demon-
ftrate the Impoflibility of this Pradice among Travellers of this Order.
When a Writer is ignorant of Geographical Particulars, and the Nature of
a remote Country, he cannot avoid, at leaft, falling into falfe SuppoHtions,
(expreft or underftood) when he comes to fpeak mmutely of them. This is
that, which Pcrfons who know thefc Places, by having been there, generally
remark very well and juftly.
THE
THE
MERCHANt's DIRECTORY.
Of Merchants^ lohether Natives or Foreigners '^ their CharaEier\
fotne DireSi ions for their prudent Ccndubl; and an AhflraB of the
Laws now in Force concerning themt
THE Term Merchant (in Latin MercatorJ or Trader, from
'fradendo, as Minjhew derives it, is in England, according to the general
Acceptation of the Word, now confined to him who buys and plls any
Commodities in Grofs, or deals in ExcAangel that trafficks in the Way of
Commerce, uihcr hy Importation or Exportation ; or that carries on Bufinefs by
Way of Emption, Vendition, Barter, Permutation, ov Exchange-, and chat makw;s a
continued Afliduity or frequent Negociotion in tne Myftery of merchandizing
his fole Bufinefs.
It is true, that fonnerly every one, who was a Buyer or Seller in the Retail
Way, was called a Merchant, and they continue to be deemed fo ftill, both in
France and Holland; but here Shopkeepers, oir thofc who attend Fairs and
Markets, have loft that Appellation.
The thet-cantile Ptofeflion is very ancletit, and generally efteemed, noble apd
independent: In France, by two Arrets oi Lewis XIV. the one in 1669, and the
other of 1 ;•" • . a Nobleman is allowed to trade both by Land and Sea, without
any Difparageni^r* to his NobiHty; and we have frequent Inftances of Merchants
being ennobled in that Country, in Regard of the Utility their Commerce, and
the Manufadtures they have fet up, has produ( i to the State.. In Br^tagne, even
a Retail-Trader does not derogate from his Nobility, which only flerps whilft
he continues to cxercife it, or, in other Words, he only ceafts to enjoy the
Privileges of his Noblefle, whilft he carries on Commerce, and reaflumcs it by
giving over Trade, without any Letter or Inftrument of Rehabilitation. In many
other States, and more efpccially in the Rcpublicks of Fcnicc, Holland, and Genoai
its Value encreales, and I wUh I could fay the fame Regard was paid it in England,
as it merits from a trading Nation; but its Importance is not 1<) juftly confidered
by us as it ought to be, more efpecially, as we enjoy every dcfirable Advantage
for cafrying it on; and, could the Gentlemen engaged in it be brought to this
Way of thinking, and be perfuadcd to do Juftice to a Profcflion wc all efteem
honourable, by a ftrifter Imitation of the above-mentioned States, and, not
only to ftudy, but appropriate their Afliduity and Diligence (more efpecially that
pradifed by our induftrious Flcmijh Neighbours) from a finccre Convidtion of the
Excellency of the tnercahtile Employ, we fliould foon outftrip every Competitor,
&iid render the Britijli Merchant as cdebrated as the Britip Valour, or the Britijh
Power, which he, more than others, contributes to fupport. It is true, that Trade
ilands fo fait in the Eftechi of an Englijhman, and promifes fo many Occafions
cither for raifing of ifnprtiving a Fortune, that many younger Sons and Brothers
of Peers are frequently bred up to, and embrace it j but then, they are too apt
to quit it on fuccecding tb the Dignities of their Families, or to fome publick
Employment, and withdraw thofe Funds, which might otherwife be continued
in it, both to their o\Vn and the Nation s Eimoluinent; whereas, was a contrary
Pradtice obfervcd, and could many (whofe immcnfe Riches «nabb them) hi
I perfuadeiil
1
I it
m
If
If: 1 ■
m
w
30 0/ M E R C H A N T S.
perfiiaded to purlae their firll Beginnings, and delline Part ol' their great Effciih
to ri'.n into thir Channel, wcfliould fee Commcice yet daily improve, and niany
more adive Profeffors fliining at the Head of it tlv.in wc now do, a Number of
important Enterprizcs might be undertaken, and happily concluded, to the no
fmall Encreafe both of publick and private Intereft: But it is an Unhappinefs (I
mean in Regard of TraHick) that many Gentlemen who have been enricjjed bj
it, or their inheritors, frequently withdraw from it, either to live in Retirement,
or, by an Advancement to Honours and Ports, change the tranquil and pleafurable
Mercantile Employ for tliemore troublefome, though fplendid one, of Grandeur
and Power; and notwithilanding fuch may, and undoubtedly often do, look
down on their quondam Bufincfs, as derogatory and now beneath them, yet a
prime Minifter of France, and feveral fucceflive Grand Dukes of Tufcany (as
mentioned in the preceding Difcourfe) I fliould think might counteiwnce any
one's Continuance in it, as they deemed it noDifparagcment to their high Stations,
to be diftinguifhed for their Trade, as well as for their Eminency and Greatnefs.
And, to (hew how Commerce is thought of by mod Foreigners, we may fubjoiii
to the Examples quoted of the Regard paid it, that many of the Italian Princes
are the principal Merchants of their States, and think it no Difcredit to make
their Palaces ferve as Warehoufes. Many of the Kings of AJia, mod: uf thofc
on the Coaft of y^/r<z and Guinea, traffick with the Europeans, either in Pcrfon
or by their Minifters j fo that, in Reality, Spain is the only Country I know of,
where the mercantile Employ is in Difrepute j and there it is counted lefs ignoble
and ungenerous to beg, than follicit a Support, or improve a Fortune, by Mer-
chandizing. And, before I proceed to mention the Laws in i-'orcc concerning
Traders, I fhall here defcribe their neceflary Qualifications, and give fome few
Rules for their Conduct, tending to fecure them the Succefs they aim at.
Previous to a Man's engaging in a general Trade, and becoming an univerfiil
Dealer, he ought to trcafure up fuch a Fund of ufeful Knowledge, as may enable
him to carry it on with Eafe to himfclf, and without rifking fuch Lofles and
Difgufts, as great ill-concerted Undertakings will naturally expofe him to;
wherefore, to reduce this neceflary Science to a proper Regulation, I (hall
recommend the following Particulars to his Acquirement, and, if his Trade is
more limited, his Learning and Knowledge may be fo too.
The general Merchant then fjould learn,
1 . To write properly and correftly.
2. All the Rules of Arithmetick, which have any Affinity or Relation to
Commerce.
3. To keep Books of double and fingle Entry, as Journals, Leidgcr, &r.
4. To be expert in the Order and Forms of Invoices, Accounts of Sales,
Policies of Iniiirance, Charterparties, Bills of Lading, and Bills of Exchange.
5. To know the Agreement between the Monies, Weights and Mealures of
all Parts.
6. If he deals in Silk, Woollen, Linen, or Hair Manuf.idories, he ought to
know the Places where the different Sorts of Merchandizes arc manufacflured, in
what Manner they are made, what arc the Materials of which they are com-
pofcd, and from whence they come, the Preparations of thefe Materials before
working up, and to the Merchandizes after tneir Fabrication.
7. The Lengths and Breadths which Silk, Woollen, or Hair Stuffs, Linens,
Cottons, Fuftians, &c. ought to have, according to the divcrfe Statutes and
Regulations of the Places where they are manuladured, with their ilifferciit
Prices according to their Times and Seaibns, and, if he can add to his Know-
ledge the different Dyes and Ingredients which enter for the Formation of the
various Colours, it will not be iilelefs.
8. If he confines his Trade to that of Oils, Wines, Csfr. he ought to inform
himfclf particularly of the Appearances of the fucceeding Crops for liis Govern-
ment in difpofing of what he has on Hand, or to learn, as exadly as lie can,
what they have produced when got in, for his Diredion in making the neceflary
Purcliafes and Engagements.
9. Wliat
Of MERCHANTS.
0. What are the. Sorts of Merchandizes which are found more in one t'oiiiitrj'
than another, thcin which are fcarce, their different Species andQu;ilitics,and the
propercft Method for bringing them to a good Market, either by Land or Sea.
10. Which are the Merchandizes permitted or prohibited, as well entering as
going out of the Kingdom or Eftates where they are made;
11. The Price of Exchange, according to the Courl'c of different Places, and
what is the Caufe of its Rife and Fall.
12. TheCuftoms due on Importation or Exportation of Merchandizes, accord-
ing to the Ufages of the Places, Tarifs and Regulations, that he trades to.
13. The heft Manner of folding up, cmbaleing, or tonning the Merchandizes
for their Prefervation.
14. The Price and Condition of freighting, and infuring Ships and Mer-
chandizes.
15. The Goodnefs and Value of all Neccflaries for the Conftrudlion and
Repairs of Shipping, the different Manners of their Building, what the Wood,
the Iron, the Mafcs, the Cordage, the Anchors, Cannons, Sails, and all
Requifites may coft.
16. The Wages commonly given to the Captains, Officers, and Sailors, and
the Manner of engaging with them.
17. The foreign Languages (or at leaft as many of them as he can attain to)
which may be reduced to four principal ones, viz. i . The Spanijh, which is in
Liage in almofl all theEafl, particularly on the Coafts oiAfrick, from the Canariei
to the Cape of Good Hope. 2. The Italian, underflood on all the Coafls of the
Mediterranean, and in many Parts of the Levant. 3. The Teutonic/: or German,
which is underflood in almofl all the northern Countries. And, 4, French,
which is now become almofl univerfally current, fafhionablc and ufeful.
18. The confular Jurifdidtion with the Laws, Cufloms, and Ufages, of the
{liferent Countries he does or may trade to; and generally all the Ordinances
and Regulations which have any Relation to Commerce, either atHome or Abroad.
19. Inline, although it is not precifely necefTary that a Merchant be very
learned, it is, notwithflanding, very proper that he knows fomething of Hiilory*
particularly that of his own Country, Geography, Hydrography, or the Science
of Navigation, and that he has Knowledge of the Difcoveries of the Countries
where Trade is eflablifhed, in what Manner it is fettled, of the Companies which
are formed to fupport thofe Eflablifhments, of the Colonies that they have fent
but, of which ne need not want Memoirs, as almofl all are inferted in this
Work, and which he may alfo learn from the Relations of Travellers ; all thefe
Things are of a very great Utility for the Enterprizes of Commerce, which he
may have a Defign to undertake.
We may add to the foregoing Rbquifites for forming a Merchant, that he
ought on all Occafions to have a flrid Regard to Truth, and avoid Fraud and
Deceit as corroding Cankers to his Reputation and Fortune; for, however
cunningly the Mafk is wore. Chance may, or Time certainly will, difcover the
Cheat, and render the Wearer cxpofed tc the Contempt and Infults of thofe he
has impofed on; and, to what has been faid, permit me to fubjoin the Advice,
that he who undertakes a foreign Trade fhould do it with great Caution and
Circumfpcftion, obferving feveral Circumflances tending to fccure him Succcfs:
as firfl to make himfelf Mafler of that Branch of Commerce he intends to engage
in; and, if he does not tranfadl this Bufmefs pcrfonaily, to be cautious in his
Choice of Faftors; above all, that they be noted for their Capacity and Integrity,
otherwife the befl laid Scheme may be rendered abortive, and produce a con-
fiderable Lofs, inflead of an expected Advantage, through the Treachery,
Neglcdl, or Ignorance of the Agent; for which Reafon a Trader fliould not be
drawn in to employ a Faftor, with whofc Charadler he is unacquainted, from
any Motive whatfoever, even from that mofl prevailing one, of ferving for a lefs
CommifTion than what others commonly do, as I am fure no Trade is worth
carrying on, that will not afford the Allowance generally made to thofe the Mer-
chant thinks proper to fubflitute and employ. His firfl Care, therefore, fhculd
be the Choice of^fuch a Correfpondent as he can depend on, whofe Integrity will
naturally lead him afriduoully to follicit and promote the Interefl of his Principal,
. unbialfed
.'^t
IL 1
32 0/ M E R C H A N T S.
unbiafled by any finifter Views of his own. But as Mercliunts, who engage iil
the foreign Trade, as well as thole who coniine thcmfcives to one at liome,
tranfadt a great Part of the Bufinefs thcnifelves, I fliall here add fome valuable
Remarks for their Government in Purchafes and Sales, partly extrafted from
Monf. Savary'i Parfait Negociant, and partly what my own Experience has
furnifhed me with, as they may be equally lerviccable to an Englijh and French
Reader, though Mr. 5fl-jary's Share of them was principally intended for the latter.
Trade becomes more or Icfs troublefome, according as it is more or lefs extcnlive ;
and it is for this Rcafon that Merchants ought to appropriate different Maxims
and Confiderations for the Conduct and Management of their Affairs,
Thofe who traffick in the Merchandizes of our own Manufadories, or confine
their Trade to the Confy.mption of one City only, run lefs Rifques, and carry
on their Bufinefs eafier than thofe who difpofe of their Goods, not only in the
Place of their Refidence, but to Dealers or Retailers in other Parts of the
Kingdom, or abroad; this (hall be explained after treating of the Manner which
Merchants ought to obfcrvcin the Purchafe of Commodities, and the cAablifliing
Fabricks themfelves.
And for this it is to be remarked, that in Places where any confidcrable
Manufaftories arc fettled, there are generally a/Tociated Merchants, who fupply
the Fabricators with the neceflary Materials for their Works, wliich they fell
them, and in Payment take their Goods, which they afterwards difpatch in
other Places, or on the Spot, to fupply Commiflions given them.
Though there are fomc of the Artificers fo opulent, as to buy and procure the
» Ingredients they want for the Supply of their Manufadlories from firft Hands;
yet tl^re are others, who (being Mafters of lefs Stock) fell their Goods to the
. firft Purchafcrs that alk after them.
Now Merchants muft govern themfelves in their Dealings with thefe three
Sbrts of Men, according as the Times and Seafons fliall didate; for in thofe,
when the Merchandizes are fcarcc and in demand, they muft buy of all as well
as they can, and according to die Advantages that may prefent; but, when
Commerce is dead, or little ftirring, and Abundance of Goods lying on Hand,
they fliould then ad with Circumipcdion, and obferve the following Maxims
in all their Purchafes.
I . When Goods begin to rif<; in Price (which commonly proceeds from thefe
two Caufes, either that the Value of the Materials is confiderably augmented on
Account of their Scarcity, or that there are but few Goods ready-mude, to fupply
a brifk Demand) it is natural for thofe that are perfeded to encreafc in Elleem,
in Proportion to the Want and Paucity of them; but it is Prudence in him that
would buy under fuch Circuniftances, to examine the Caufes that produce this
Augmentation; and, if the Goods are of Silk, enquire whether the Crop of that
Commodity has been good or bad, though, if the Seafon has been moift and
rMny at the Place of its Growth, he may be afilircd of the latter, and that the
Scarcity of the Merchandize proceeds from this of the principal Material.
It is equally the fame in the Manufadories of Cloth, and other Woollens,
when Wools are fcarce and rifen in Price; and the fame with Linens under the
Shortnefs of the Crop of Hemp and Flax, and indeed of all Sorts of Materials,
which compofe the Manufadures of the different Sorts of Merchandizes, current
in Trade; becaufe the Scarcenefs of thefe (as has been faid) augments their
Price, and confequcntiy that of the Commodities made of them.
There is no doubt, that when the augn:ented Price of Merchandizes proceeds
from the Scarcity of their Materials, that it not only remains fo long, but that it
daily rifes by little and little, and in this Cafe affords tlic Merchant no Room for
Deliberation, who ought immediately to buy and make his Bargain, to receive
yet afterwards (in a certain Time) the Quantity he judges he may want to fell.
If the Rife of Goods comes from there being few in the Fabricks, and a great
Demand for them, and not through a Want of the Materials which compofe
them, the Buyer ought to ad with Sagacity and Prudence in their Purchafe;
becaufe this probably is a Fire that will loon pals, and this Augmentation laft
no longer than the Warmth that occafioncd it, for two Realbns; the fiift,
becaufe it may be Char.c: eifed it, proceeding from fomeMerchaivts of different
Places
Of MERCHANTS.
Places accidentally giving their Commiflions at the fame Time, or that they hipperi
to meet at the Manufactories, which makes the Fabricators Hand firm to their
Prices; though, when thefe Merchants are fupplied, Things return to the famo
State they were in before, and fuch an Occurrence makes them fometimcs
even diminifli greatly in their Value, bccaufe the Workmen, feeing themfelvcs
fought after, engage deeply in their Fabricks, and the Abundance then occafions
a Cheapnefs, in the fame Manner, as a Scarcity before produced theReverfe;
and thefe Confiderations are very important towards fuccelsful Purchafcs.
2. The fecond Maxim, neceffary to be obftrved in the buying of Merchandizes,
is, to be extremely circumfpedt in his Words, that his Defire of having the
Goods he is treating for, may not appear; and hefhould not flight or undervalue
them, in order to be thought not to want them, as this Cunning only fcrves to
embarrafs the Mind of the Manufadurer, and make him more firm and tenacious
under the Uncertainty, whether this is a Feint or not, and is a Means of his
not fofoon refolving to part with his Goods at the Price offered, for Fear of being
furprized: On the contrary, he ought to ad: with Sincerity and Franknefs
accompanied, however, with Prudence, Workmen liking better to d^-al with
fuch Sort of Chapmen, than with thofe who ufe I'ricks and Subtlety.
3. The third is to confider whether the Merchandize has diminidicd in Price
from a higher Degree to which it was before mounted, or whether it augmented
in Price from a lower one, at which it was, by Reafon of a Dulnefs in Trade,
or by the too great Abundance that there has been in the Fabricks : This is the
greateft Nicety in the Buyers.
For if it is at the Height of its Dearnefs, and it comes to fall, then you ought
not to buy, becaufe it is certain, that if the Caufc which made it rhount fo high
a Price ceafes, that it will daily diminifh, till it returns to the Point of its juil
Value.
On the contrary, if the Goods are at their loweft Value, and the Price begins
to rife, it is then a Time to buy, becaufe it is certain that it will daily augment,
fo long as the Caufe which gave Room for its Augmentation lafts.
And though what has been faid may appear a Paradox, it is however a Truth
founded on Experience, and by which the moft fkilful and ingenious Merchants
have greatly loft or gained, according as the;' have timely taken their Mealures
or negledlcd them.
4. The fourth Maxim in the Purchafc of Goods is, both to know arid refled;
where they will meet the beft Sales, and then fuit their Quality to the Tafte of
the Inhabitants.
5. The fifth Maxim is to buy of the pooreft Workmen, becaufe they, not
having the Means to lay up their Manufadtures, muft fell cheaper than the more
powerful one"! will, who have Subftance, and can keep their Goods till a fit
Opportunity offers for a more advantageous Sale.
6. The fixth Maxim is, not to be drawn in to engage beyond your Capital
by the tempting Bait of a cheap Purchafe, and from a wrong Calculation of your
Ability to pay at the Time agreed on ; as a Failure of Pundtuality herein will
occafion a Lofs of Credit among the Fabricators not to be recovered.
7. The feventh Maxim is not to employ, .as Fadlors at the Fabrick, any who
adt as Merchants, and fell the Materials to the Manufadurcrsj for they always
buy the Goods dearer than others who have nothing to fell, becaufe they give
a Part in Payment, and very often to recover from their Debtors, thcv take of
them Merchandizes in Payment, which are neither fo good nor handfome as
thofe bought with ready Money.
8. The eighth and lafl Maxim, which I fliall mention on this Subjed, is,
that if the Buyer has a Partner, one of them Ihould be on the Spot, for two
Reafons ; ^fr//, becaufe, being interelled in the Trade, he is more diligent, and
takes better Care of what he does, than a Fador, who often regard;; nothing
more than his own Intereft, and who, having Commiflions from fcvcral Mer-
chants, favours thofe he pleafcs : the fecond is, b'jcaufe Affairs are tranladtcd
more fecretly, and, many Times, Opportunities offer for good Purcliafcs, which'
one commiflioned doth not dare to engage in, though on fuch Adventures
large Profits are frequently to be made.
K Thefe
33
•I
a
vn
r:
li
i|p
34 0/ M E R C H A N 1 S.
Thefe Maxins alfo hold good in the Purchale of all other Commodities, and,
if carefully attended to, will lead the Merchant in the Steps he ought to tread,
l,-< feturc Succefs; and as thefe have been dircded to guide him in laying out
his Money to the beft Advantage, I fnall now borrow the Afi'iflance of the lame
Author to furnilh him with propnr Direi^iotis for his Management in conducing
his Sales. And,
Firjl, The Merchant fliould avoid many Words and Circumlocutions in his
Dealings, as this looks more like a Retailer than one who li, not fo; and, fuppofing
he is treating with one of this laft Uillindtion, he may h": alfurcd, that the Buyer
underftands the Value of the Goods, fo that the Merciiaiu only occafions himfclf
an unneceflary Trouble to aik much out of the Wayj therefore, what is prin-
cipally to be obferved i.'i Sales on Trull is, that his Debtor be one noted for his
Pundluality and Honefty, rnd alf'^ difpatches large Quantities of Goods, as
thel'e Motives fliould induce a Preference to be given one lb qualified, (though
with lefs Profit) rather than to another with an inferior Credit and a fhorter
Trade.
2. If the Merchandizes dealt in are fuch as are dependant, in fome Sort, for
their Value on the Mode, Seafons ought to be confulted for advantageous Sales,
fo that, if thole proper for the Winter are alked for at the latter End of it, it is
not reafonable to cxpe6t fo much then as in the Beginning, neith-jr is it confiftent
with the Owner's Intereft to keep them, as he may have no other Offers till the
returning Year, and he then rifques their continuing in Fafhion, fo that it will be
prudent to embrace any tolerable Offer, under thefe Circumftances, that is
made him.
3 . He ought not to truft too much to any one Perfon ; for, in Cafe of a
Failure, it may flraiten him, and, in the End, bring him to the fame Misfortune;
therefore Prudence will diredt him to difperfe his Effedls in many Hands, that,
if one or two mifcarry, he may be lefs fenfiblc of his Lofs, and better able to
fupport it: This is a very nereffary Maxim to be obferved by tliofe who have
large Dealings, as die Sufferings by .< contrary Pradlice are innumerable, and there
is no one Article of Mifcond'idt that has brought fo many to P.uin as this.
4. A Merchant fliould not inconfideiably engage with young Men, who have
little more to recommend them to Credit than being the Children of rich Parents,
as a Truft on this Account is the Produdt of a very falfc Maxim; becaufe, if
they do otherwife than well, their Fathers would hardly pay their Debts, as the
Creditor may have flattered himfclf, neither is it realonable to cxpedl it, no
TiiCi-e than to think they fliould incommode themfelves, or hurt their other
Children, purely to fupport a Son, which Gaming, Debauchery, or at beft
Imprudence, has reduced.
1;. If it happens, that Debtors omit paying what they owe at the Time agreed
on, the Creditors lliould not opprels them with an extravagant Intcreft; for,
tliough Neccniiv obliges them feemingly to fubmit, it is a fure Canker to their
Fortunes, which too often at laft involves both the iVufted, and him that trufts,
in Ruin. Bcfides, if the latter efcape a Failure he has drawn the other into, I
fliould think he could not the Lafties of Confcience, when refledted on his
occafioning the Debtor's Misfortunes, by the Extortion he had impofed.
6. The lixth Maxim is never to lend to any Sort of Pcrfons whatfoever on ati
iinjuftifiable Security, nor to take an unwarrantable Intereft ; for this is a deteftable
Ad, and expofes the Ul'urcr to the Penalty of the Law, and renders him abomi-
iiable both in the Sight of God and Man.
It is however botli rcafunable and prudent for a Mercliant to take Pledges or
Sccuiities from his Debtors, and to l)e cautious of what they conliftj for, if they
are in Merchandize, the Colours, Fafliions, &c. of them may change, or the
Quality may fuffer by keeping, fo that whilft he imagines he has the Value of
whut is owing him in Hand, he may be miftaken by the half: And in thefe
Cafes of lending or felling on Truft, and taking Pawns inftcad of Notes for
Security, the Seller or Lender ihould add to tlic above Precaution, tbat of making
the Terms of the Depolit very clear and apparent, in Cafe of a Failure in the
Debtor, and a confecpiential Claim of the Goods by the other Creditors, as a
joint Propirty, otlierwife he may be accufcd of endeavouring to abfcond the
Bankrupt's
Of MERCHANTS-
35
;es or
■ they
jr the
ue of
thcfe
s for
king
1 the
as a
d the
rupt's
Bankrupt's Effcfts 5 and if ht has not taken the prudent Steps he ought in his
Dealings, may be cShged to give up what he has received as (and cftccmed) a
Security, bcfidcs fuffering in his Reputation, for being unable to juftify what he
aflerted and pretended ; it would tncrefore be very proper to have the Affair
tranfa^ed before Witnefles, or at leaft to have all the Goods that are pledged
particularly cxpreft, in the Note or Obligation given for the Truft or Loan, by
which Means the aforementioned Inconveniences would be avoided.
7. A Merchant fhould always endeavour the Sales of fuch Goods as are decay-
ing, damaged, or growing unfafliionable, as foon as he conveniently can ; and if
Money is not obtainable for them, he fiiould truck them, if he can do it, on a
tolerable Footing ; regarding, however, in this Cafe, not to make the Exchange,
as one may fpy, with nis Eyes (hut, but, Jirjit toobferve, that he is \ cll verfed
in the Quality, and has a perfedt Knowledge of the (Joods he takes in Return,
otherwife he may verify the Proverb of being Out of the Fryhig-Pan into the Fire.
As Deceits are very common in thcfe Sorts of Ncgociations, Jccondly, he ought
to know where, and on what Terms he can get rid of his new EffcQs, otherwife
he may rifk lofing more by them than his old ones. And, thirdly, he fliould
always avoid giving any Share of ready Money in the Bargain, if he pofllbly
can, as he that parts with it is fure to have lefs Advantage in thefe uncertain
Dealings, than he that receives it.
8. And lajlfy, A Merchant (hould never fell any of his Goods in fmall Parcels,
except drove thereto by meer Ncceffity, as this is derogating from his Charadtcri
and will certainly occaiion him a Lofs of his Retail Cuilomers.
Merchants here were always particularly regarded by the Common-Law, tho' ciuo.
the municipal Laws oi England, or indeed of any one Realm, are not fuflicient for
the ordering and determining the Affairs of Traffick and Matters relating to
Commerce ; Merchandizing being fo univerfal, and extenfive, that it is impoffi-
ble, therefore, the Law-Merchant (fo called from its univerfal Concern) all
Nations take fpecial Knowledge of j and the common and ftatute Laws of this
Kingdom leave the Caufcs of Meichants in many Cafes to their own peculiar
Laws. In the Reign of King Edward W. a Merchant Stranger made Suit before
the King's Privy Council, for feveral Bales of Silk felonioufiy taken from him, 13 £«'». iv,
wherein it was moved, that this Matter (liould be determined at common Law,
but it was anfwered by the Lord Chancellor, that as this Suit was brought by a
Merchant, he was not bound to fuc according to the Law of the Land.
In former Times it was conceived that thofeLaws that were Prohibitory againfl:
foreign Goods did not bind a Merchant Stranger ; but it has been a long Time
fince ruled otherwife, for in the Leagues that are now eftablilhcd between Nati-^n 19 n,«. vil
and Nation, the Laws of either Kingdom are excepted, fo that as the EngUjh in
France, or any other foreign Country in Amity, are fubjedl to the Laws of that
Country where they refide, fo muft the People of France, or any other King-
dom, be fubjeft to the Laws oi England, when refident here.
F.figliJJj IVlcrchants are not reftrained to depart the Kingdom without Licence,
as all other Subjcdls are j they may depart, and live out of the Rc.ilin, and the
King's Obedience, and the fame is no Contempt, they being excepted out of tlie
Statute 5 R. \\. c. 2. and by the common Law they might pafs the Seas without
Licence, tho' not to merchandize;
By Mti^na Charta it is enadled, that all Merchant Strangers ir. Amity, (not
publickly piuhibittd) Hiall have fafe Conduit to come into, depart out of, and
remain in !]ngland, and to travel by Water or Land, in and througli tlic fimc
to buy and fell, &c>.
And it" any Difturbance or Abufc be offered them, or any other Merchant in n
Corporation, and the Head Officer there do not provide a RLUicdy, the FraiKlnle
(hall be feized, and the Difturber (hall anfwer Double Damages, and fuffcr one
Year's Imprifoiiment, G^c.
All Merchants (except Enemies) may fafely come into England, with their 14 f.'-.. iii.
Goods and Merchandize. ^"' - "^^ -•
MiVchaut Stringers may come into this Realm, and depart at their Pleafurc, j «. ir. c. 1.
and they are to be friendly entertained : and Mt^cha\ts Alien lliall be uied in this ? //,»., iv.
Kingdom as Denizens are in otiiers by the Statute* "^ ?■
No
Mich. I 2 aod
l)\n 206.
9 //". in.
C. jO.
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36
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C. JT.
Treaty of
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flri<l other
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27 F.a^v III.
c. 3 und }ii.
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tap. 15.
5 W.-rr IV.
C.9
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15 Cir. ll.
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J ti^inz. 1 88
1 'Vf/i. 217
Lord
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702,;
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OJ.
0/ MERCHANTS.
No Merc hunt (hall be iniplciulcd for another's Debt, whereof he is not Debtor,
Csft. and if a Difference arilcs between the King and any foreign State, Alien
Merchants fliall have forty Days Notice, or longer Time to fell their EfFedts,
and leave the Kingdom.
N. Ii. The Time for Mcrcbanti to withuiaw their Effcdls has been by all
late Treaties enlarged to (ix Months, during which Term they are to remain
free and iininokfted as well in Perfon as (ioods.
All Mcrcbaiits may buy Merchandize of the Staple, and any Merchant mav
deal in more Merchandizes than one ; he may buy, fell, aiid tranfport all kinds
of Merchandize, excepting by later Adts, Wool, fifff.
Merchant Strangers are to find Sureties, that they fhall not carry out the Mer-
chandize whicii they bring into England.
And when they bring any Merchandize into the Realm, and fell the fame for
Money, they are to bdtow it upon other Merchandizes of England, without
exporting any Gold or Silver in Coin, Plate, &c. on Pain of Forfeiture.
This Law is altered, permitting Gold or Silver Bullion, or any foreign Coin,
or Jewels to be ex}Tortcd.
The fiimc extends as well to Denizens as Strangers, and in StriAnefs of Law,
they ouglit not to receive any Gold in Payment. But now Payment may be
made in any of the current Coins of this Kingdom.
And the Rcafons of thefe Laws were to keep the Gold and Silver within the
Realm, and at the fame Time increafe our Manufadlurcs by encouraging their
Exportation abroad.
Foreign Merchants are to fell tiicir Merchandize at the Port where they Land
in Grofs, and not by Retale.
And Merchandize is to be laden, and unladen, at certain Ports, and in th.-
Day-time, under Penalties.
It fliall be lawful for Merchants to tranfport Iron, Armour, Piftols, Mufkets,
Saddles, Swords, Bridles, 6V.
Merchants, &c. corrupting or adulterating Wine, or felling the fame adultera-
ted, are liable to Penalties.
On Importation of Tobacco Merchants have an Allowance of Eight ^«' Cent.
&c.
All Merchants Strangers, that fliall be made Denizens, cither by the King's
Letters Patents, or by Adl of Parliament, mufl: pay for their Merchandize, like
Cuflom and Subfidy, as they ought, or fliould pay before they were made Deni-
zens.
The Wares, Merchandizes, Debts or Duties that Merchants have as Joint-
Traders or Partners, fliall not go to the Survivor, but fliall go to the Executor
of him that is dcceafed * ; and the Executor may join in an Adion with the
. furviving Merchant.
In Copartnerfliips between Merchants it is not neceflary to provide againil
Survivorlhip.
If two Joint-Merchants occupy their Stock, Goods and Merchandize in com-
mon, to their common Profit, one of them naming himfelf a Merchant, fliall
have an Account againft the other, naming him a Merchant, and fliall charge
him as Receptor ■f Demiriorum, &c. that is, as Receiver of the Money of him ^,Jrom
If hat ever Cauji atid Contrail it JJ.'aH reanund to the common Projit oJ them AandB,
as may he made appear hy Lex Mcrcatoria, 10 H. VII. 16. a.
So where there are two Joint Merchants, and one of them dies, the other fliall
have Account againft their Faftor, without tlie joining of the Executor of the
decealcd.
In an Adion upon the Cafe aga. ' \., the Plaintiff declares upon the Cuftom
between Mtrchaiits, ^c. that if two.', /chants are found in Arrcar upon an Ac-
count, and tliey promife to pay it af c rtair. Days, that any or either of them may
be charged for the whole lingly ; and then fliewed the Account, that A and B
were
• Sfd qu.-crc, ySr // h»ih hiai fintt liilj, llial ih, txctaft c\,i Survi-vtr tamtl jrii, for ihi RtmiJ} fumivei,
Ihi-xt- rhr Duty tliih noi ; uni ihn iftrt <• Rumiry ht muft bi acciknlatU to ihi Exiiuitr /or ital. Martin v.
Crum,i. ^.1!k 4 t4
t Co. I itt. 173. lib. Incr.n. 17, ig, 19. F. N. B. 117. D.
Of MERCHANTS.
%^
Cap. 1 3.
3-
lit.
bra.
were found in Arrears fo much.Qfr. and promifcd to pay it at ccrtuiiiDays, but did
not, and the Plaintiff brought his Adtion againft A only, and refolvcd that it lay.
To call a Merchant Alitn Bankrupt, is aftionablc. Tcrkot conf. Morrijbu. Yd 198, 1
Debt upon a Hill by a Merchant to pay foreign Coin, amounting to fo much ^''''' ' 34
to be paid upon the Feaft of the Purification called Candkntas-Day. Upon non u'l^'Vot!
ejlfiiiliim pleaded, yerdidt for the Plaintiff. Moved in Arrcft of Judgment, that Pim/t^^ni.
the Declaration was not good, bccaufc Payment at Candlemcs is not known in ^_',fg'"^ *
our Law ; yet the Judgment was affirmed, for that amongft Merchants fuch
Payment is known to be on the 20th of February, and the Judges ought to take
Notice of it, being ufed among Merchants, for the Maintenance of Traftick.
No Ship (hall be obliged to come to any Port of England, nor to abide, againft
the Will of the Mafter, or of the Merchants, whofe the Goods be ; and if fuch
Ships come of their good Will, or be driven by Misfortune to any Port in Eng
land, and the Mafters or Merchants will fell Part of their Merchandises, it (hall
be lawful for every Man to buy fuch Merchandi/jes, albeit the fame be not put
to Land to fell ; (o that no Merchant or other go to meet fuch Ships to forcftnl
the Merchandize!. ; fo that the Ma(Vers and Merchants, after they have fold that
which pleafeth them, and paid the Cuftom, may freely depart, and none (liall
difturb any Ship to come to any Port of England, but to the Port where the Maf-
ters and Merchants will of their free Will arrive, nor (hall meddle with the Sale
of the Merchandizes, nor difturb the Merchants ; and if any fet Dillurbancc,
he fliall incur a grievous Forfeiture to the King. Confirmed hy 20 Ric. H. c. 4.
Indebitatus Ajjumpfit for 1000/. for Monies had and received, andalfodn In/i-
mul Computaffii, upon Account, the 1000/. became due ; the Defendant pleaded
the Statute of Limitations ; the Plaintiff replied, that he is a Merchant, and the
Provifo, and Exception for Merchants Accounts. By T'wtfden, Rainsford, and
Moreton, ahSeute Kefyng, ftated Accouiits between Merchants as this Cafe is,
arc not within the Provifo, but only Accounts current. Webber cont. TyrelL
I Levinz. 287. 2 Keeble 622. 2 Sana. 1 24. where Judgment for Defendant ;
yet the Cafe of Mar/w and Delboe, i Levinz. 298. to the Contrary upon an
Account dated between Merchants; yet the fame Cafe, i Mod. 70. Judgment
for Defendant, z Keeble 6j\. i Vent. 89. and i hid. 465. See likewilc the Cafe
of Farringt on and Lee, 1 Mod. 268. and 2 Mod. 311.
All Kinds of Merchandizes may be exported and imported from and to /re- 34 £,«■. lit.
land, by Aliens, as well as Denizens, but Wool and Wooller Manufactures, &c. = "'•
are pronibited to be exported from thence into foreign Parts, by a modern Statute.
Cattle, Butter, Cheefe, &c. are not to be imported from Ire/and into this 33 Car. li.
Kingdom, on Pain of Forfeiture to the Poor. ' '•
The Inhabitants of the Klands of Jerfty and Guernfey may import into Great- stat. 3 c.o. r.
Britain Goods of their own Growth and Manufacture Cuftom free. ^ 4.
No Wine, Brandy, Tobacco, Eafi-India Goods, Gfr . (hall be brought from
the IJle of Man into Great-Britain or Ireland, on Pain of Forfeiture, &c.
A Woman that ufeth a Trade in London without her Hufband, -s chargeable
without him, as a Feme fole Merchant, (he (hall plead as (ble, and if con-
demned be put in Prifon till (he pay the Debt, alfo the Bail for her are liable if
{he abfent herfelf, and the Hu(band (hall not be charged.
It ftiall not be lawful without Licence from the King to import by Way of
Merchandizes, Gunpowder, Arms, Ammunition, or Utenfils of War, on Pain
to forfeit the fame ; and the Importers, or they in whofe Cuftody fuch Gunpow-
der, &c. (hall be found, (hall forfeit treble the Value thereof.
All Perfons which (liall tranfport Beer beyond the Seas for Merchandize (hall, 3, e,,k. c n.
if a Stranger before tranfporting, if a Subjedt born, then within four Months ^'^' *
after, bring into this Realm, for every fix Tons of Beer two hundred of Clap-
boards, fit for to make ufe of, in Length three Feet and two Inches, or elfc the
(lime Ca(k again, or fo much other good Cafk ; or if the Tranfporting be into
Ireland, then to bring fo much Shaffold Board, as the Clapboard amounteth to.
No Stranger (hall tranfport beyond the Seas> any Pilchards or other Filh in Sen. 3.
Calks, unlefs the fame Perfon have brought into this Realm, for every fi.vTons
of Fifh, according to the Ri»te aforefaid of Clapboard or Cvdk, upon Pain of
Forfeiture of tlie Beer, Pilchards ajid Cafk .
L It
I 2 Om. I.
rii<, i\.l.'.rjint
J"
,ll.c3.
38
Stfl. 4.
S«A, 5.
Oftlin. pro.
but. Hibcrn.
17 F.jw. I.
cap. 3.
Idem.
H t'Jw. Ill
cap. 17.
15 Car. If.
c. 7.Swa. J.
IJcm.
Se« J.
.i Car. If
cap. I j. S, I
Idem,
bed. ;.
I nVl. and
Mur. Stat. I.
Cap. 12. S. 1.
I W V.7. and
M.ir. Slat. I.
Cap. 2.f.Scdl
18.
Of M E R C H A N r S.
It fliiiU not be lawful to tranfport Wine Calks out of this Realm with Beer
or liecr-caeer, nor any Wine Calk Ihaken, except lor the Vidtualling of any
Ship, or ot her Majelly's C.arrilbns and Forces, upon Forfeiture of forty Shil-
lings for every Ton of Callc.
This Aft (hall not extend to the Tranfportation of Herrings in Calks.
Ccntinuiti Mifinitcly hy 3 Car. I. c. 4. and 16. Car. I. c. 4.
The Juftices of Ireland (hall not arrell Ships or Goods, but Merchants may
carry their Merchandizes forth of Irclandxo England or l^yaks ; and if any JulHce
do the contrary, he (hall fatisfy double Damages, and be gricvoully punilhcd
hy the King.
Merchants may come into /rc/^Wwith their Merchandizes, and from thence
freely return with their Merchandizes and Victuals, laving to the King his an-
cient Cuftoms and other Duties.
When the Prices of Corn, lyinchejler Mcafurc, do not exceed the Rates fol-
lowing, viz. the Quarter of Wheat 48/. of Ba.lcy or Malt 28^. of Buck Wheat
28/. of Oats ly. 4//, of Rye t,2s. of Pcafe or Beans 32/. it (hall be lawful for all
Perfons to tranfport the faid Corn to any Parts beyond the Sea as Merchandize.
When the Prices of the faid Corns do not exceed the Rates above-mentioned,
at the Place where they (hall be imported, there (hall be paid for Cuftomof evcrv
Quarter of Wheat ^s. and \d. of Rye 41. of Barley or Malt is. dd. of Bucic
WLeat 2s. of Oats i s. 4//. and for Peafc or Beans 4/.
It (hall be lawful for every Perlbn, Native or Foreigner, at any Time to tranf-
port as Merchandize all Sorts of Corn, although the Prices exceed the Rates in
1 5 Car. il. cap. 7. and when the Prices of Corn at the Places where the fame
Ihall be imported, exceed not the Rates following, there (hall be paid for Cuftom
thefe Rates, viz. for every Quarter of Wheat, when the fame (hall not exceed
53/. 4//. i6s. when the fame (hall exceed 53/. 4</. and not exceed 4/. there (hall
be paid Ss. For every Quarter of Rye, when the fame doth not exceed 40/. 1 6s.
For every Quarter of Barley, Malt, or Buck Wheat, when the fame doth not
exceed 3 2s. 1 6s. For every Quarter of Oats, when the fame doth not exceed
1 6s. 5J. 4</. For every Quarter of Peafe and Beans, when the fame doth not
exceed 40.;. i6s. each Quarter to contain eight Bulliels, and each fiu(hel eight
Gallons.
When the Prices of Corn (hall not exceed the Rates aforefaid, there (hall be
paid the Duties payable before the making of this Adl.
Continued by 2 Will, and Mar. Stat. i. Cap. 4. Seft. 3. i Ann. Stat. i.
Cap. 1 3. Sedt. 2. and 9 Ann. Cap. 6. Sedt. 2. and made perpetual by 3 Geo. i.
Cap. 7.
When Malt or Barley (hall be at 24.;. per Quarter, Rye at 32J. per Quarter,
and Wheat at 481. per Quarter, or under, in any Port of this Kingdom, every
Perfon who Ihall put on board in Englijh Shipping, (the Mafter and two-thirds
of his Mariners being Englijh Subjedts) any Sorts of the Corn aforefaid, with In-
tent to export the fame, luch Perfon (hall bring a Certificate under his Hand,
containing the Quantity and Quality of Corn fo (hipped, to the Colledlors of the
Cuftoms, and upon Proof of fuch Certificate, by one Perfon upon Oath, and upon
Bond given of 200/. for every hundred Tons of Corn (hipped, that the faid Corn
(Dangers of the Seas excepted) lliall be exported beyond Sea, and not again landed
in England, Wales, Guernfey,'Jerfey,QX Berwick; every Merchant fo (hipping, Gfr,
(hall receive from the Colledtors for every Quarter of Barley or Malt zs. 6d. for
Rye y. 6d. for Wheat ground or unground 5/. without any Fee : And upon
Certificate returned under the common Seal of the chief Magiftratc of any Place
beyond Sea, or under the Hands and Seal of two known Englijh Merchants upon
the Place, that fuch Corn was then landed, or upon Proof that fuch Corn was
taken by Enemies, or peri(hed upon the Seas, the Bond (liall be delivered up
without Fee.
Where Mait or Barley of Englijh Growth (hall be at 24J. the Quarter or under.
Rye at 32J. Wheat at 48^. in Berwici ; every Perfon who (hall put in Englijh
Shipping (the Mafter and two-thirds of his Mr.iiners being their Majefty's Sub-
jcdts) any of the Corn aforefr.id, from the Port of Berwick, to export the faid
Corn, and (Imll purfue the Method prefcribcd by 1 //''///. and Mar, Cap. 12.
(liall have tlic Benefit of the faid Adf. The
be
I.
>on
iras
jup
ler,
t
aid
12.
the
Of M E R C H A K T S.
39
II niul K.
»<./. III. r,
lo. iM. 4.
M ilrtd I ).
;/'</ III Call.
10 livCI. (/).
ll ; .y,». op.
1 C/f. It.
18. Set). 4.
The Subfidy and all other Duties payaMc upon Kxportation of WIic.U, Rye,
Barley, Malt, Ueans, I'eale, and other Corn, ground or unground, lircad,
Bifcuit, and Meal, (hall ccalc.
If thcColIcClor ot'the Cuftoms have not fuHicient in his Hands to fatisfy fuch
Money as fliall he due to any Exporter of Corn, by .1 //'///. and Af.ir. Stat. i.
Cap. 12. Inch Colledtor (liall give the I'erfon demanding Aich Money, without
Fee, a Certificate of what is duetofuch I'erfon for the Corn exported Irom Rich
Port, certifying to the Comminioners, that he hath not Money lurtieicnt; which
Certificate being alKxed to the Del/tnture for the Corn, and produced, the
Commiflloners are required to caufc the Monies to be paid in three Months by
the General Receiver, out of Monies arifing out of fuch Duties in the Port of
London, as arc chargeable with the fame.
For all Oatmeal and Grain, called Beer or Bigg, which fhall be cxporfci
from England, lyales, or Berwick, there fhall be the like Pn'miwii given ujwn '^ ^''"
Exportation, as is to be given by the Articles of Union, upon Exportation of
Oatntcal and Beer from Scotland; the Merchant bringing a Certificate under his
Hand, containing the Quantity of fuch Oatmeal or Beer, to the Colledtor of the
Cudoms, and making Proof of fuch Certificate by one Pcrlbn upon Oath, and
giving Bond in 10/. tor every Ton of Oatmeal, and for every forty Bufhcls of
Beer, that the fame fhall be exported beyond Sea, and not rc-landcd j which
Premium the Merchant fhall receive of fuch Colledlor, and upon Certificate re-
turned under the common Seal of the chief Magidrate, in any Place beyond Sea,
or under the Hands and Seals of two known Engiijh Merchants upon the Placcj
that fuch Oatmeal or Bi:ct' was there landed, or upon Proof that the fame was taken
by Enemies, or perifhed upon the Seas, the Bond fhall be delivered up without Fee.
Every Perfon exporting Malt, made of Wheat, fhall receive of the CoUedtois
of the Cufloins, Off. five Shillings for every Quarter ground or unground.
The Officers of the Cuftoms fhall admeafurc all Corn whereon there is an
Allowance payable for Exportation, and fuch Admeafurcment fhall be mada
by a Mcafurc containing four JVincheJler Bufhels ; and if fuch Corn fhall be
brought to be fhipped in Sacks, the Orficers are to make Choice of two of thefe
Sacks, out of any Number not exceeding twenty, before the fame fhall be put
on board, and thereby compute the Quantity intended to be fliipped, and, ac-
cording to fuch Computation, the Allowance fhall be paid to the Exporter, upon
his producing a Certificate from the Officers of the Culloms, attefling the
Quantity and Quality of the Corn fhipped for Exportation.
The Ukc Regulations fhall be extended to the afcertaining the Prices andQuan- dik
tity of Beer or Bigg, Oatmeal and Wheat Malt intended for Exportation. s«a
Provided, that nothing in this Adt fhall alter the prefcnt Practice of fhippingCorn
from the Port of London ; but the fame may be meafured by fworn Meters, by
whofe Certificate the Searchers or other Officers of the Cuiloms are to certify
the Quantity of Corn fhipped for Exportation, as hath been pradlifed.
It fhall be lawful for the Juftices of Peace, for the feveral Counties within
England, fVales, and Berwick, wherein foreign Corn fhall be imported, at theif
Quarter Seffions, to give in Charge to the Grand Jury, to make Prefentment of
the Market Prices of middling Englijh Corn of the Sorts mentioned in an Adt
22 Car 11. Cap. 13.
Such Prefentment fhall be cert' 'icd by the Jufliccs, to his Majefly's chief Ofiicer Sea. 1
©f the Cuftoms, in every Port wliere fuch Corn fhall be imported, and be hung
up in the Cujlomhoufe.
The Duty of foreign Corn imported fhall be paid according to the Prices Sea. 3,
contained in fuch Certificates.
Nothing in this Aft fhall prejudice the Authority given by the Aft i 'Jac. 11. Sea. 4.
Cap. 19, to the Mayor, Aldermen, and Juflices of Peace of the City of iLo/;dl)«.
No Warrant, Cocket, Gfc. fhall be granted for carrying to Sea, from any Port Sea. j.
within England, Wales, and Berwick, to any other Port of the fame, any foreign
Corn after Importation thereof; and no Perfon fhall tranfport any foreign Corn,
or foreign Corn mixed with Engli/h, under Penalty, that all fuch Corn tliat fhall
be tranfported or laden contrary to this Adl fhall be forfeited, and every Offender
flull forfeit 20J. for every Bufhel of fuch Corn, and the Ship upon which fuch
I Corn
.•'■1
T 11
12. Sect.
M
■: ^i
m
46
1 1 Cm. I
tl. ^tCt
I. c
ScA. >.
Scft. 5.
Sea. 6.
8<{t. 7.
Sert. 8.
12 Ctr.
Cjp. 4.
4-
II.
Scfl
Sen. 5.
ScA. 10.
SeA. II.
11^
0/ MERCHANTS.
Cora fhall be l.nlcn, lliall be forfeited ; and the Maftcr nnd M.irincr.'^ of lutli Sliip
wherein Uich Offence (hall be coiuinitted, knowing liith Ortencc, and alVdlini;
thenunto, lliall be imprilbned three Months.
If any Pcrlim beat, wound, or lUc any Violence to hinder one from buying
Corn, andfhall (hip or feize on any Carriage loaded with Wheat, Flour, Cff.
and dedroy the fame, or Ihall take away, or hurt .\ny of the 1 lorfes or Drivers,
Cif(. ujx)n Convidion, he (hall be fent to Gaol or I loidc of Correction, nnd be
kept to hard Labour, not exceeding three Months, nor for Icfs than one, and ihall
be once publiikly whipped at the Markct-I'lacc on a M.)rket-I)ay.
If any I'erfon after Convidion fliall commit any of the Offences a fecond
Time, or lliall pull down or dellroy any Storehoufe, or I'lace where Corn fliall
be kept to be exported, or fliall enter on board any Ship, and from cither of
thcfe Dcpofitories carry away ordeftroy any Corn, Meal, Uc. fuch Offenders (hall
be adjudged guilty of Felony, and (hall be tranfported for feven Years.
The Inhabitants of every Hundred in Kng/tind v/htrcin fuch Offence (hall be
committed fliall make Satisfaiftion for all Damages fuAained not exceeding 100/.
Provided that no Pcrfons be enabled to recover Damages by this A&, unlefs
they by thcmfelves or their Servants, within two Days after Damage done, (hall
five Notice of fuch Offence to one of the Conftablcs of the Hundred, or to the
leadborough, Gff. of the Town, Off. in or near which fuch F"adl (hall be com-
mitted, and (hall within ten Days after fuch Notice give in their, or their Ser-
vants Examinations upon Oath, before any Jufficc of Peace where fuch Fafl
fliall be committed.
Where any Offence (hall be committed againft this Aft, and any one of the
Offenders fliall be apprehended and convidlcd within twelve Months after the
Offence, no Hundred (hall be liable to make Satisfadlion.
No Pcrfon ihall be enabled hereby to fue or bring any Aftion againff any
Hundred till after the Expiration of one Year, nor unlets the Parties fufliining
fuch Damage fliall commence their Adlion within two Years after the Offsncc.
If any Goods of any Merchant born Denizen fliall be taken by Enemies or Pi-
rates upon the Sea, or peri(h in any Ship that fliall be taken or periflied, whereof
the Duties (hall be paid or agreed for, and that duly proved before the Treafury
or chief Baron of the Exchequer, by the Examination of the Merchants, or by
two Witnefl'es, or other reafonable Proof j the fame Merchants may newly (h.p
in the fame Port where the Goods were cuflomed fo much other Goods as the
Goods loll (hall amount unto in Cuftom, without paying any thing, fo as the
Proof be recorded and allowed in the Exchequer, and certified to the CoUcdturs
of the Port ; and every Merchant Denizen, who fliall rtiip Goods in any Carrack
or Galley, fliall pay all Cu(toms and Subfidics in any Alien born.
Provided that it (hall be lawful to all Subjefts to tranfport in Ships, and other
Veffcls of Subjedts all Herrings and other Sea-Fifti to be taken by Subjedls out
of any Port, to any Place out of his Majefty's Dominions without paying Cuftom.
It (hall be lawful for any Perfon to tranfport by way of Merchandize any of
thefc Goods following, viz. Iron, Armour, Bandcleers, Bridle-Bit.-, Halbcrt-
Hcads, and Sharps, Holfters, Mulkets, Carbines, Fowling-Pieces, Piftols, Pike-
Heads, Sword and Rapier-Blades, Saddles, SnafHes, Stirrops, Calf-Skins dreffed,
or undreffed, Geldings, Oxen, Sheep-Skins dreffed without the Wool, and all
Manufadtures made of Leather, paying the Rates appointed by this Adt.
It (hall be lawful for any Perfon to tranfport by Way of Merchandize Gun-
powder, when the fame doth not exceed the Price of 5/. per Barrel : But this
was prohibited by Proclamation during the prcfent War with France, begun in
1756.
And having now quoted the Laws in Force immediately concerning Mer-
chants, who cannot always adl without their Subftitutes and Dependaits, the
Tranfition is natural from the former to the latter, and I (hall therefore proceed
to treat of them in Order.
0/
Of !• A C T O R S, Wt.
4f
other
bs out
torn,
of
Ibert-
iPike-
leffcd,
id all
jiin-
this
jn in
ler-
the
cced
Of
Of Faflors, Supercargoes^ and jlgenti,
ALL thcfc Dcnominu(i(iiii> iini>urt »nd fignity (lie fame Thing, in regard of
their Function, tix/iigli ditkrcnt in the Method and Place of difcharsing
it, and Ik always undcrllood to be One who at^s for Another, and who buys, (ells,
and ncgociatcs, in Conformity with the Orders of his Principal, under the
various Circumd.inccs of hiii Principal'^ Limitations and Diredtionii.
The former of thcfe arc generally elUbliOied in fomc foreign Parts, to tranfa£t
the Hufincfi. of purchafuig, felling, tranf})orting, and exchanging, that (hall bc
comnuttcd to his Cure \ and tlic latter more properly for the receiving and payinr;
of Monies; whild tlic Supercargo's Employ is confined to the Sales of Goods
under his Direction on Ibme Voyage, and it may be the Purchafc of others, in
Conformity with the Orders his Employer may give himj they ought all to be
Maders of the Trade and Bufmcfs they engage in, as many Advantagesi or the
rcverfe, depend on their Conduft and Proceedings.
A Fadtor is but a Servant to tlie Merchant, and receives from him, in Lieu of
Wages, a Commiflion of P'adtorage, according to the Ufagc of the Place where
he refides, or the fiuflnefs he tranfads, this being various m different Countries,
and on the Purchales and Sales of differentCommodities: He ought to kecpflridtly
to the Tenor of his Orders, as a Deviation from them, even in the mofl minute
Particular, cxpofes him to makd ample Satisfadtion for any Lefs that may accrue
from His Non-obfervance of them i and it is very reafonable it fhould be fo, as
the Diilince of his Situation renders him unable to judge of his Principal's Views
and Intentions; therefore he fhould fubmit blindly to them, though always
exerting his bcft Endeavours for the Merchant's IntereA, as his Gain Is certain*
whilft his Employir's is precarious.
When unlimi' 1 Orders are given to Fadlors, and they are left to fell or, buy
on the befl Conditions they can, whatever Detriment occurs to thei.* Conftituents,
they have their Excufe in their Hands, as it is to be prefumed they adted for the
beu, and were governed by the Dictates of Prudence.
A Fadtor is barely a Truflee for his Principal; therefore, if this latter, having J J
Goods in the others Hands, owes him Money by fimple Contract, and then dies 418.
indebted by Specialty, more than his Affcts arc wortA, the Fador cannot retain '*'■•
the Goods.
If a Fadtor receives only a bare Commiflion to fell and difpofe, it will not \^^''- \ ^
enable him to truft; for, in the due Execution of his Authority, he ought on BariX'tU
a Sale to receive quid pro quo; and, on the Delivery of the one, to receive the »"!'»''•'*'•
other; for, othcrwife, by that Means, as they may truft fix Months, they ,oj. ' ""^
may truft fixteen Years, nor by Virtue of any Claufe in their Orders that leaves ^eiv. joi.
them at Liberty to adl as they think bcft, or of doing as if the Affair was their *^*'' '*^'
own, may they truft an unreafonable Time, as ten or twenty Years, inftead of
one, two, or three Months, fuppofmg this the accuftomary Time of Credit for
the like Commodities : And fo u was adjudeed, where one had remitted Jewels
to his Fador in Barbary, who difpofcd of Uie fame to MuUefhack ^e Emperor,
for a Sum certain, to be paid at a Time, which being elapfed, the Fadtor not
obtaining it, was forced to make the fame good to his Principal.
Again, one and the fame Fadtor may, a^d generally ctocs, adt for feveral
Merchants, who muft run the joint Rifle of his Adl:ions, though they are mere
Strangers to one another; as if five Merchants fhall remit to one Fadtor five
diftind Bales of Goods, and the Fadlor makes a iuint Sale of them to one
Man, who is to pay one Moiety down, and the other at fix Months End; if
tiic Buyer breaks before the fecond Payment, each Man muft bear a propor-
tional Share of the Lofs, and be contented to accept of their Dividend oiT the
^loiicy advanced.
Kut if fuch a Fadtor draws a Bill of Exchange upon all thofe five Merchants,
11 1 id one of them accepts the fan»e, the others fhall not be obliged tc make good
'l>e Payment. Tainen quare dc hoc.
firn.
I. firn,
and t
638.
Silk. 116.
M
And
4^
0/ F A C T O R S,
c.
hralh rerf.
Turnrr Wmcb.
»4. »5-
tMlitaK vetf.
KirktTr'w •
Jac. in B R
Lant't Rep.
65.
i'i
1 Rolls. ;. 1.
Cro 468.
izb, 127.
Pcfbam 143,
£2'""'.i'r.qiii-
t) mav not re-
in ve in luch
And as the Authority and Tnift repofed in Fadlors is very great, fo ought
they to be provident in thrrir Adions for the Benefit of their Principals; and
therefore, it Fadlors fhall give Time to a Man for Payment of jMonics con-
traded on Sales of their Principal's Goods, and after the Time is elapfed, they
(hall fell Goods of their own to fuch Perfons for ready Cafli (leaving their Prin-
cipals unreceived) and then fuch Man break and become infolvent, the Fador,
in Equity and Honefty, ought to make good the Loffesj for they ought not to
difpenfe with the Non-payment of their Principal's Monies, after they betomc
due, and procure Payment of their own to another Man's Lofs, though,_ by the
Laws of £»j-/tfn(/, they cannot be compelled.
If Goods are remitted to a Fador, and upon Arrival he fhall make a falfc
Entry at the Cuftomboufe, or land them without entering, whereby thty (hall
incur the Seizure or Forfeiture, whatfoever the Principal is endamaged, he mult
inevitably make good, nor will fuch general Claufc help him, as above; but,
if a Fador makes his Entry, according to Invoice, or his Letters of Advice,
and if happens that thefc are erroneou.'i, if the Goods are then loft, the Fador
is difchargcd.
And .4; Fidelity, Diligence, and Honefty, are expeded from thz Fidor, fo
the Law requ'res the like from his Employer, judging the Ad of the one to be
the Ad of the other; and, therefore, if a Merchant fliall confign counterfeit
Jewels to his Fadvor, whe fells and difpofes of them for valuable Confiderations,
as if they were right; if the Fador receives any Lofs or Prejudice thereby, by
Imprifoi.i.aent or other Punifhment, the Mafter fliall not only make good the
Damage to the Fador, but alfo render Satisfadion to the Party damnified :
And fo i^ was adjudged, where one flowwas poflefled of t!.ree counterfeit Jewels,
and having Fadors in Barhary, and knowing one Southern, a Men., int, was
refident on the Place, configns thofe ^ wels to his Fador, who receiving them,
intreated Southern to fell them for him, telling him that they were good Jewels;
whereupon Southern, not knowing they were counterfeit, fold them to the
King in whofe Dominions he refided, for eight hundred Pounds (they being
worth really but one hundred Pounds) and delivered the Money to the F.idor,
who remitted the fame to Hoto : The King, not long after, finding himfelf
cheated, committed Southern to Prifon, till he repaid the eight hundred Poun.Is.
Whereupon Southern coming to England, brought his Adion againft Htw, and
had Judgment to recover his Damage; for the Principal fliall anfwer for his
Fador in all Cafes, where he is privy to the Ad or Wrong: Arid fo it is in
Contrads, if a Fador fliall buy Goods on the Account of his Principal (efp^ciiMy
if he has ufcd fo to do) the Contrad of the Fador will oblige the Principal
to a Performance of the Bargain.
When Fadors have obtained a Profit for their Principal, they murt: be c;i'i-
tious how they difpofe of it, for if they ad without Comminion or Order,
they become refponfible. Goods remitted to Fadors ought in Honefty to be
carefully prcferved, as the Truft repofed in them is great; and therefore a
Fador robbed, in an Account brougi.i againft him by his Princ ipil, the fame
fhall difcharge him*. And fo it is as if a Fador buys Goods for his Principal,
which afterwards happtn to be damnified, the Principal muft bear the Misfor-
tune; but, if a Fador fliall diftiofe of the Goods of his Principal, and take
Money that is falfe, he fliall make good the Lofs ; yet, if he receives Mo.iies,
and afterwards the fame is by Edid or Proclamation IcfTened in Value, the
Merchant, and not the Fador, muft there bear the Lofs.
The Fador muft likcwife be careful in regard of Letters of Credit, obfeving
nicely whether they are for a Time limited, or to fuch a Value, or not exceeding
fuch a Sum, or gcnei^, as he may othcrwife bring himfelf into confiderablc
Lofles. • •'
If a Merchant remits Goods to'liis Fador, and about a Month after draws a
Bill on him, the Fador, having EfFeds in his Hands, accepts the Bill, then the
Principal breaks, againft whom a Commiflion of Bankrupt is awarded, and the
Goods in the Fador's Hands are fcizcd ; it has been conceived, the Fador muft
Snitdii'i CVe. Cti. Lib. 4. Fol. 84.
anlver
a
fic
he
cr
Of FACTORS, ^c,
jiifwcr the Bill notwithftanding, ahd come in a Creditor for fo much as he was
inforccd by reafon of his Acceptance to pay.
A Fador, who enters into a Charterparty with a Mafter for Freightrnerit, is
obliged by the Contract, but if he loads aboard generally; the Goods, the Prin-
cipals, and the Lading arc made liable for the Frelghtment, and not the Faftor.
The Fadtor having Money in his Hands appertaining to his Principal, receives
Orders from him, to make Infurance on Snips and Goods, as foon as he has
loaded, which, if he has neglefted to perform, and the Ship irifcarrics, he fhall
(by the Cuftom of Merchants) be obliged to make good the Damage ; and, in cafe
of Lofs, he ought not to make a Coirpofition without Orders from his Principal.
One Joint-Fadlor may acrcunc without his Companion by the Law of ^le^-
chants; for Factors arc ofte.i time difperfed, fo as they ccjinot be both prefent
at their Accounts.
A Merchant delivered Go'jds to be fold in Spain, and the Faflor fclls them to
one who becomes a Bankrupt: We judge here that he fliall be difcharged.
In Account it was held l^er Curiam, that if a Man delivers Money to his Bailiff
or Faftor to lay out for him in Commodities, he cannot bring an AJumpJit, but
only an Account; for it may fo happen, that the Fadlor hath laid out more
Money than he hath received.
A Fadtor fliould always be punfhial in the Advices of his Tranfadtions, in
Sales, Purchafes, Affreightments, and mere efpecially in Draughts by Exchange;
for if he fells Goods on Truft without giving Aovice thereof, and the Buyer
breaks, he is liable to Trouble for his Negledl; and, if he draws without
advifing his having fo done, he may juftly expedt to have his Bill returned
protefled, to his no fmall Detriment and Difcredit.
If a Fadtor deviates from the Orders he receives in the Execution of a Com-
mifHon for purchaling Goods, either in Price, Quality or Kind, or if after they
are bought, he fends them to a different Place from that he was diredted to,
they muft remain for his own Account, except the Merchant, on Advice of his
Proceedings, admits them according to his hrft. Intention.
A Fadlor that fells a Commodity under the Price he is ordered, fljall be obliged
to make good the Difference; and, if he purchafes Goods for another at a Price
limited, and afterwards the/ rife, and he fraudulently takes them for his own
Account, and fends them to another Part, in or<ler to fecure an Advantage that
feemingly offers, he will ^on Proof thereof) be obliged, by the Cuftom of
Merchants, to fatisfy his Prmcipalfor Damages.
If a Fadlor, in Conformity with a Merchant's Orders, buys with his Money,
or his Credit, a Commodity he diall be diredted to purchafe, and, without giving
Advice of ^^ Tranfadlion, fclls it again to Profit, and appropriates to lumfelf
the Advantage, the Merchant Hiall recover i,t from him, and befides have him
amerced for nis Fraud.
If a Merc!' mt orders his Fadlor, to {hip him a Sum, in the current Coin of a
Kingdom, when Exportation is prohibited, an^ the Money is feized in endeavour-
ing to get it aboard, the Lofs is for the Merchant's Account, and not the Fadlor's.
If a Fadtor pays Money of a Merchant's without his Orders, it is at his own
Peril; and if he lends his Cafh, without his Leave, (though he propofes the
Iiitereft ftiall be the Merchant's) and anv Lpfs happens before his Principal's
Determination about it be known, it fhall remain to the Fadlor.
And as a Fadlor, who has nothing in View but his own Intereft, and who
pays no Regard to the Calls of Honour and Honefty, ought to be treated as
luch a Wretch deferves; one with a contrary Charadter, who follows the Didlates
of Confcience, and makes right Reafon and Intt grity the Rules of his Adlions,
(hould meet (as he generally does) a Treatment adequate to his Merits, and be
regarded by his Employers with that Efteem, y^'hjch his faithful, diligent, and
careful Discharge of their Commiffions juftly challenge from them. And as
what has been laid of the Fadtor may ferve equally the fame for the Supercargo,
I fliall only add under this Head, that of both Denominations there are cori-
fiderable Diftindtions, I mean in the beneficial Part of them, as fome only
tranfadt the Bulincfs of private Merchants, whilft others are employed in tlie
more lucrative Service of publick Companies, fuch as the Eall-Iiuiia, South-
Sea,
45
Gttri and als
cont. Da'wbi-
76.
In Ci7^/''i and
7ueitr'i C.'fe.
2 RM',.
Rfpis. 497.
I ftMl, 113.
L(x. Vlerc. p.
113.
Ditto.
Ditto,
4.
I'
n
Ku-
Kav.
V
Frttc.
Vnt.ii AJJit
Vii. I.
Of SHIPS, ^c.
Sea, &c. though the Obligations of all are alike, only the latter are better paid
for their Troimle, and reap greater Advantages from their Employs, than tlie
former can do.
Of S^Si Oiv»ers, Captains and Sailors,
THE great Advantages that arife from Trade to a Nation, have been fully
proved by the Introdudtory Difcourfe, and, as I have therein given a De-
duction of it from tht earlieft Times, the feparate Hiftory of Navigation would
be here fupfcrfluous, as this and Commerce are fo blended, or more properly only
diftindl Parts of the fame Thing, that having fpoke fd largely to the one, I hav<;
little Room, and lefs Need, to expatiate much on the other ih an hiftorical Way:
However, if any Gentleman inclines to a feparate Account of them, he will find
his Tafte fully gratified, and Expectation anfwcrcd, oh reading the Hifcory of
Navigation, (fuppofed to be wrote by the celebi'ated Mr. Locke) pr<:fixed to
Ci6«rfM/'s Collediion of Voyages and Travels; but to omit it as in'-onfiftent
with my intended Concifenefs, 1 fhall proceed to particularize the integral Parts
of maritime Afi^airs; and, as ^.Sbtf is a principal one in them, and indeed without
which no foreign Trade could be carried on, I (hall begin with this wonderful
Piece of Art.
The Name fNavisJ is derived from the Effedl, that is fh navigandoj failing,
and the Ufe of it is certainly both necefTary and profitable to every Commonwealth
capable of employing it.
Who was the firft Architect of thele floating Fabrxks has been hitherto con-
tefted, and therefore, in all Probability, will r.w lever be known; however,
(rejecting the fabulous Stories of Dadalus, yanus, £c<:.) it is natural to fuppofe
Noah's Ark infpired the Idea, and that it fened as ? Pattern to be improved by
the firft Navigators, though, as there was no Occalion for fvcb, till about three
Centuries after the Confufion at the Tower of Babel had difperled its Builders, fo
we may reafonably conjecture that Occurrence to have been the Epocha from
which Navigation took its Beginning; as Providence chaftifed their audacious
Attempt to fcale Heaven, by dilperfing the Offenders over the Face of all the Earth,
and confequently in their Peregrinations they muft have found it necefTary to invent
fome Sort of VefTels for their Conveyance crofs thofe great Rivers, which un-
doubtedly fometimes impeded their Progrefs, by laying in the Way of their
Journey : How they managed ii their maritime Affairs, when they reached the
Sea, Hiftory leaves us in me Lark; but NecefTity would certainly infjjire them
with fbme Means, of (at leaft) fupplying themfelves with its Products; and it
is natural to believe, they went on improving the firft Invention, as they had
Occafion to difcover its Defefts, till by fucceffive ones, and Nations, it was
brought to the Perfection in which we now fee and admire it.
TntPbeenicians, who are the fame the Scripture calls the Philijiines or Canaanites,
as is largely proved by Bocbart and others, arc generally allowed to have been
the firft and ableft Mariners we read of; yet the Commerce of thofe early Ages did
not require Veflfels of fuch Strength and CompaCtnefs as latter Times have, to
refift the Storms and Tempefts they are now expofed to, by launching out into
the main Ocean, and engaging in long and hazardous Voyages, unknown, and,
confequently, unattemptcd by Infant-Navigation. For tiiough thef" People
were bold and daring enough to engage in feveral long Voyages, as to Opbir, &c.
in which they muft crofs many fpacious Gulphs and Bays, to avoid expending a
vaft Space of^Time in coafling round them, yet it is hardly credible, they ever
ventured to crofs that immenfe Body of Waters, that lie between Europe and
America, as fome fuppw-, and the Reflection on their doing what they did,
without the AfTiftance of tne Compafs (then undifcovered) I muft confefs is to
me a Matter of no fmall Surprize; for, though a learned Author fuppofes them to
have conducted their Navigation by the Sun's Courfe in the Day, and by that
of the Stars in their noCturnal Sailing, and only ventured to Sea during Summer,
yet, when one confiders, that thefe Guides muft be frequently loft to them by
cloudy Weather, oven in that Seafon, not only for a little while, but often for
2 Days
0/ S H I P Sj ^\.
45
imtes,
Ibeen
bdid
to
into
land,
topic
,&c.
Inga
lever
and
I did.
to
to
lat
ler,
by
for
|)aV3
Days together, and confequently their Knowledge of them, (let it have been as
great as the faid Author conjeAures) by this intervening Occurrence rendered
unferviceable, we muft allow them to have been daring Adventurers, in com-
bating the Frowns and Ruffles of a louring Sky, which murt frequently have
been too boifterous for their little Skill and Ihght-built Veffels, to relift or evade,
and to rifk the imminent Dangers they expofed themfelves to on that fickle
Element, by their engaging in thofe Voyages, which might then be juftly nunted
long and dangerous.
The Grceh, who were their Scholars in this Science, great!/ improved it, and
gave their Mafters feveral fignal Overthrows in their naval Encounters, as at the
famous Battl of Sa/amis, &c. and though the Romans fucceeded the Greeks m
their Profeflion of this Art, and undoubtedly their Praftice muft lead them to
the Difcovery of its Defects, and, confequently, to that of its Improvementj
yet they and feveral fuccecding Ages ftill laboured in the Dark, till Providence,
about the Year 1 300, difcovercd the Loadftone's Virtue, and by this Means
diflipatcd the Mius of Gueffwork, and rendered Navigation more clear and cer-
tain : It i§ to this happy Difcovery we owe that of new Worlds, and the great
Improvement of niaritime Affairs, fince brought to fuch Perfe(ftion.
V ,;The Fabrick of Ships has been various, asOccafions have required, and In-
dention could diiSate to make them anfwer the Intent, which Variety continues
to tliis very Day, not only bet^vcen Nations, but even in the fame Country, fome
being built for War, fome fbr failing, and others with the lucrative View of
flowing well, and each has a Name properly adapted, as Gallics, Frigates, &Ci
and the Increafe of thefe, and Improvement of Navigation, has always fo much
merited the Attention of the Legiflators from the earlieft Times, as to have
occ^oned many excellent Laws being made for thefe Purpofes, though none
fo favourable and eompleat among us, as the Adl of Trade and Navigation in
I? C. II. c. 18. and its being of fo much Importance to every Trader; and, as
few of my Readers may have it at Hand, I have judged it may be of Service to
them here to infert an Abftraft of it, that they may not remain longer ignorant
of what fo much concerns them, as it ftill remains in full Force and Vigour,
having only had a fmall Part repealed by 17 Gco.ll. during the late War,
which being now over, the whole Aft remains as it did before the faid partial
Repeal, which I leave uninferted, as it is expired.
It isenadcd, that after the ift oi December, 1660, no Goods or Commodities Aa r,'N«vi-
whatfocver fliall be imported into, or exported out of, any of the Engltjh Colonies, s^ 'Jn>
(or that ftiould afterwards become fo) in uijia, Africa, or America, but on Veffels
which do truly belong to the Peojple of Ew^/aW, Ireland, Wales, or Ber-wickufon
tweed, and navigated with a Mafter, and three-fourths of EngliJJ) Sailors, under
the Penalty of forfeiting Ship and Cargo-
2. No Perfon born out of the Allegiance of his Majefty, who is not naturalized
or made a free Denizen, Ihall, after the i ft of February , 1 66 1 , aft as a Merchant
or Faftor in any of the faid Places, upon Pain of lofing all his Goods and Chatties,
and of thefe Claufes the Governors are obliged by Oath to take Cognizance and
Care.
3. No Goods or Commodities whatever, of the Growth or Manufafturc of
Ajrica, y^Jia and America, ftiall be imported into England, Ireland, IVales, Iflands
of GuernJ'ey and Jtrjly, or Town of Berwick upon Jweed, in any other Ships but
thofc belonging to the faid Places, or to the Plantations, and navigated in tho
Manner aforclaid, under Penalty of forfeiting Ship and Cargo.
4. No Goods or Commodities of a foreign Growth or Manufafture ftiall be
brought into Eng/i'nd, Ireland, Wales, the Iflands of Giienijly and Jerfey, or Town
of Berwick upon Tvced, in Ships appertaining to his Majefty's bubjcfts, but
from the Places of their Manufaftures and Growths.
5. That all Sorts of Ling, Stockfifli, Pilchards, Cod and Herring, or any
other Kind of dr)'cd or falted Fifli, ufually caught by the People of England,
Trclcnd, Wales, or Town o{ Berwick upon Tweed, or any Fifti-Oil, or Blubber,
WhiU-I iuF, or Wh.ilc-Bones, not imported by Ships belonging to the faid
Plants, iliiUl paj' double Alicny Duties.
- i'c:j =
N
6. Henceforth
4<5
0/ S H I P S, ^c.
¥>)': .-'
to:
f'i:
6. Henceforth it (hall not be lawful for any Veflcl, in which any Stranger (not
dejiizened or naturalized) is an Owner, or that is not navigated by -^ Englijh
Maftcr, and three-fourths Englijh Sailors, to load or carry any Sorts of Goods or
Commodities from any Port or Creek of England, Ireland, fVales, Iflands of
Guernfey or Jerfey, or Town of Berwick upon TwetJ, to another Port or Creek,
of any of them, under Penalty of forfeiting Shi|> and Ccrgo.
7. Tl.-t where any Eafc, Abatement, or Privilege is given in the Book of
Rates, to Goods or Commodities imported or exported in £/ffM-buik Shipping,
it (hall extend only to fuch as are navigated with a Mafter and three-fburths of
the Siilors Englijh, and, where it is required that they Ihall be Co, the true Intent
and Meaning is, that they be fuch during the whole Voyage, unlefs in Cafe of
Sicknefs, Death, or being taken Prifoners, to be proved by the Oath of the
Mafter or other chief Officer.
8. No Goods or Commodities of the Growth or Manufadlure of Mvfiovy, or
any of the Dominions of the Emperor thereof, or any Sorts of Marts, Timber,
or Boards, foreign Salt, Pitch, Tar, Rofin, Hemp or Flax, Raifins, Figs, Prunes,
Olive Oils, nor any Sort of Corn or Grain, Sugar, Pot-AQies, Wines, Vinegar, or
Spirits called Aqua Vita, or Brandy, (hall, after the ift of April, 1661, be
imported into £/7^/rt«</, Ireland, IVaL-s, or Toy/n o( Berwici upon Tweed, in iny
Ships but fuch as belong to the People thereof, and navigated as before-
mentioned; and that no Currants, nor any other Commodities, of the Growth
or Manufadture of any Part of the Turkijh Empire, fliall, after the i^ of Sep-
tember, 1 66 1, be imported into any of the abovefaid Places, in any but an
EngliJJj built Ship, and navigated as siforefaid, except only in fuch foreign Ships
as are the Built of that Country or Place, of which the Goods are the Growth
or Manufadlure, or of fuch Port where the faid Goods can only be, or moft
ufualiy are, firft (hipped for Tranfportation, and whereof the Mafler and three-
fourths of the Mariners, at leal, are of the faid Country or Place, under Penalty
pf loiing Ship and Goods.
9. And, to prevent the great Frauds daily ufed in colouring and concealing
Aliens Goods, all Wines of the Growth of Fr<i«« or Germany, which, after the
aoth of O£lober, 1660, (hall be imported into any of the Ports or Places afore-
faiJ, in any other Ships than thofe belonging to them, and navigated with the
Mariners thereof, (hall be deemed Aliens Goods, and pay Cuftoms accordingly:
And all Sorts of Marts, Timber or Boards, as alfo all foreign Salts, Pitch, Tar,
Rofin, Hemp, Flax, Raifins, Figs, Prunes, Olive Oils, atl .orts of Corn or
Grain, Sugar, Pot-A(hes, Spirits, commonly called Brandy, or Aqua Vita,
Wines of the Growth of Spain, the Canaries, Portugal, Madeira, or Weftern
Iflands; and all the Goods of the Growth or Manufadture of Mufcovy or Rujia,
which, after the ift or April, 1661, ftiall be imported into any of the aforcfaid
Places, in any other than fuch Shipping, and fo navigated j and all Currants and
Twrio' Commodities, which, after the id of September, i66i, (hall be imported
into any of the aforefaid Places, in any other than Englijh built Shipping, and
navigated as aforcfaid, (hall be deemed Aliens Goods, and pay accordingly.
10. And, for the Prevention of all Frauds in buying of foreign Ships, it is
enacted, that, from the ift of April, 1661, no foreign-built Ship whatibever
(liall be deemed an Englijlj Ship, or enjoy the Privilege of one, until fuch Time
that he or they, claiming the faid Ship, (hall make appear by the chief Officer
of the Cuftoms, in the Port next to the Place of his or their Abode, that he or
they are not Aliens, and (hall have taken an Oath, (which the Officer is hereby
authorifed to adminifter) that fuch Ship was by him or them bought for 8
valuable Confideration, expreifing the Sum, as alio the Time, Place, and Per-
fons from whom it was bought, and who are his Part Owners, if he has any;
all which Part Owners (hall be liable to take the faid Oath before the chief
Olticer of the Cuftomhoufe, of the Port next to the Place of their Abode; and
that no Foreigner, direcflly or indiredUy, hath any Share or Intereft therein; and»
upon fuch Oath, he or they (hall receive a Certificate under the Hand and Seal
of the faid chief 0(ficer, that the faid Ship may futurely be deemed as a Ship
belonging to that Port, and enjoy the Privilege of fuch a Ship, and the Officers
(hall keep a Regifter of all fuch Certificates as* they fhall give, and return a
I Duplicate
Of SHIPS,
c.
4^
Duplicate thereof to the chief Officers of the Cuftoms at LonJan, for fuch as fliall
be granted in England, Wales, and Berwick, and to the chief Officers of the Cuf-
toms at Dublin, for fuch as (hall be given in Ireland, together with the Names of
the Perfons from whom fuch Ship was boughti and the Sum of Money which was
paid for her, as alfo the Names of all fuch who are Part Owners of her, if any fuch be.
II. It is likewife enafted, that if any Officer of the Cuftoms, fliall, after the faid
ift of April, allow the Privilege of an EngKJh built Ship tb any foreign built one,
until fuch Certificate be produced, or Oath taken, and until Examination be made
whether the Mafter and Three- fourths of the Sailors heEngliJh, or fliall allow ih^
Privileges given by this Aft to any foreign built Ship, bringing in the Commodities
of the Growth of the Country where it was built, until Examination and Proof,
whether it be a Ship of the Built of that Country, and that the Mafter and Three-
fourths of the Manners are of that Country; orif any Governor of any of the Plan-
tations fliall fufFcr any foreign built Ship to load or unload any Commodities or
Goods within the Prccinfts of their Government, until fuch Certificates fliall be
produced to them, or thofe appointed by them, and Examination is made whe-
ther the Mafter and Three-fourths of the Mariners be Englijh ; fuch Officer of
the Cuftoms, or fuch Governors fliall be difplaced for the firft Offence;
It is however provided, that this Aft, nor any thing herein contained, c.\'-
12.
tend not, or be meant to reftrain and prohibit the Importation of any of the Com-
modities of the 5/r«^i6/j or LrcaA? Seas, loaden in Englijh-h\x\\i Shipping, and
whereof the Mafter and Three-fourths of the Mariners be Englijh, from the ufual
Ports or Places for lading of them heretofore, within the faid Streights or Levant
Seas, tho' the faid Commodities be not of the very Growth of the faid Places.
1 3. Provided alfo, that this Aft, or any Thing therein contained, extend not to
reftrain the importing of any Eaft-India Commodities, loaden in Englijh built
Shipping, and whereof the Mafter and Three-fourths of the Mariners ixtEngUjIi,
from the ufual Places for lading of them in any Part of thofe Seas to the South-
ward and Eaftward of Cabo bona Speranza, altiio' the faid Ports be not the very
Places of their Growth.
1 4. And it is likewife provided, that it fliall be lawful for any of the People of
England, Ireland, Wales, Iflands of Guernfey or Jerfey, or Berwick upon Tweed, in
their Ships, navigated with a Mafter and Three-fourths Englijh Sailors, to bring
in from any of the Ports of Spain, Portugal, the Azores, Madeira, or Canary
Iflands, all Sorts of Goods or Commodities of the Growth or ManUfafture of
either of them.
15. Provided always, that this Aft extend not to Bullion, nor yet io any
Goods taken by Way of Reprifal by any Englijh Ship, navigated as before-men-
tioned, and with his Majefty's Commimon.
16. Nothing in this Aft fliall extend to lay Aliens Duties upon any Com of the
Growth of Scotland, or any Salt made there, or any Fifli caught and cured by the
People of that Kingdom, and imported direftly from thence in Scotch built Vef-
fels, and failed with a Mafter and Three-fourths of the Mariners of his Majefty's
Subjefts J nor to any Seal Oil oiRuffia, imported from thence into England, Ire-
land, Wales, or Berwick upon Tweed, in Shipping thereunto belonging, and
navigated as aforefaid.
17. And it is hereby enafted, that every Veflcl belonging to any Subjeft of the
French King, which after the 20th of OSlober, 1660, fliall come into any Port,
Creek, &c. of England, Ireland, Wales, or Berwick upon Tweed, and fliall there lade
or unlade any Goods or Commodities, or take in, or fet on Shore any Paflengers^
fliall pay to the Collcftor of his Majefty's Cuftoms in fuch Port, &c. for every
Ton of the Ship's Burthen, to be computed by the Officer thereunto appointed,
the Sum of five Shillings, of current Money of England; and that no fucn Ship be
fuffered to depart out of fuch Port, (Sc. until the faid Duty be fully paid j and
that this Duty fliall continue to be collefted for fuch Time, as a certain Duty,
fifty Sols per Ton, lately impofed by the French King, or any Part thereof, fliall
continue to be collefted upon the Shipping of England lading in France, and
three Months after, and no longer,
18. And it is farther enafted, that after the ift of April, i66i, no Sugars,
Tobacco, Cotton Wool, Indigo, Ginger, Fuftick, or other dying Wood, of
the
w
Wi
48 Of SHIPS, &V.
the Growth orManufadlurc of any Enr/rJJ: Plantations in Amika, ^Jia, oiyjftica,
fliall he carried from any of the faid Euglijh Plantations to any Place whatlocver,
other than to fuch other EngUjh Plantations as do L>.long to his Majclly, or to
the Kingdorii oi England, Ireland, Wales, or Bciu-ick upon 'Ticeed, there to be laid
on Shore, under the PenaKy of forfeiting Shi;> and Goods.
19. And for every Ship, which after the 25th oi Decctiitcr, 1660, fliall fet out
from Eiiglai'J, Inland, fVales, or Berwick upon Ticced, for any Englljh Plantation
in America, Jf.a, or yijrica, fuHicient Bond flmll be given with one Surety to the
chief Officers of the Cuftomhoufe of fuch Port from whence tho faid Ship fliall
fail, to the Value of one thoufand Pounds, if the fai ' Siiip be of Icls Burthen than
one hundred Tons, and of two thoufand Pounds, if the Sjiip fliall be of greater
Burthen ; that in cafe the faid Ship (hall load any of tlic f.iid Commodities at any
of the faid Englijh Plantations, that the fame C(>inmoditi(.s fliall be brought by
the faid Ship to fome Port of England, Inland, IVa'cs, or to the Port of Berwick
upon Tweed, and fliall there put on fliore the fame, tlie Danger ot the Seas only
excepted: And for all Ships coming from any other Port or Place to any of the
aforefaid Plantations, who by this Ad are permitted to trade there, that the Go-
vernor of fuch Englifb Plantations fl.all, before the faid Ship be permitted to load
any of the faid Commodities, take Bond in the Manner, and to the Value aforefaid,
for each refpcdive Ship, that fuch Ship fliall carry all the aforefaid Goods that
ihall be laden on board to fome other of his Majefliy's Englijh Plantations, or to
England, Ireland, Wales, or Berwick upon Tweed : And that every Ship which
fhall load any of the aforefaid Goods, until fuch Bond be given to tlie Governor,
or Certificate produced from the Oflicers of any Cufliomhoufe in England, &c. that
fuch Bonds have been there duly given, fliall be forfeited; and the Uiid Governors
/hall twice in every Year, after the jft of January, 1660, return true Copies of
all fuch Bonds to the chief Officer of the Cuftoms in London.
Il^
Ahllty ic Jar.
Mar.
Pag j2a.S.2.
Ditto Pa^e
221.
I Vern 297.
I Vctn. 4(5.
.',./. S. 523. I
Ir.ft, 199.
(iTHTjii a
Siilxctr^ Ray.
3Q, I Kiltie
3S. 3.
lintrti'igtin
aJvcr
Bittmn^.'cit
AtaZ/oy dr Jur.
Mir I'a-c
22^. S. ;.
In treating of Maritime Affairs, the Owners of Ships are the firfl: which natu-
rally challenge our Regard, and they become fuch cither by building or purcha-
Ijng their Velfels, and this either in Partnerfliip or alone ; and if the former, and
the Property is diflributed among feveral, the major P.nt of them may let the
Ship out to Freight againft theConfent, tho" not without the Privity of the Minor,
Two Owners fent out a Ship without the Confent of a tliird, and flie was lofl^,
the third muft bear his Proportion of the Lofs, becaufe he would have had his
Share of the Profit, if any.
A Voyage fettled by the major Part of the Owners binds the refl:.
In cafe a Ship be taken away from the Owners, or they be otherwife dlfpof-
fefled, it is provided, both by the Common and Maritime Laws of this Realm,
that they maintain an Adion of Trover and Converfion for an Eighth, Sixteenth,
or any other Part or Share of the fame ; and in an Adion on the Cafe, the Plain-
tiff declared, that he was Owner of the fixteenth Part of a Ship, and the De-
fendant Owner of another fixteenth Part of the fame Ship, and that the Defendant
fraudulenly and deceitfully carried the faid Ship, ad Loca tranfmarina (into a fo-
reign Part) and difpofed of her to his own Ule, by which the Plaintiff loil hi«
fixteenth Part to his Damage : On not guilty pleaded, and Verdid for the Plain-
tiff, it was moved in Arreil of Judgment, that the Adion did not lie for, tho'
it be found deceptive. Yet this did not help it, if the Adion did not lie on the
Subjcd Matter, and here they arc Tenants in common of the Ship, and by
Littleton, between Tenants in common there is not any Remedy, and there
cannot be any Fraud between them, becaufe tlie Law fuppofes a Truft and
Confidence betwixt them, and upon thefe Realbns Judgment was given quod
S^nerens nil capiat per Billam.
Owners are not bound to continue their Padion or Partnerfliip longer than
they plcafe, for tho' by the Law Marine it was required, that a new built Ship
fliould make one V^oyage upon the common Rifli, btfore the Owners fliould be
allowed to fcparate, yet by the Laws oi England any Owner may fell or tranfmit
his Right at what Time he plcafcs.
But if any oneobftinatcly rcfufes his Confent to a Voyage, the Law will force
him either to hold or fell his Share ; but if he will fct no Price, the reil: may fit
the
5
fP
pc
lit
pe
It
Of SHIPS, ^c, 49
the Ship out at their own Coft and Charges, and whatfoever Freight flic earns
fliall be folcly theirs, and no Part thereof be given to the diffenting Owner ;
but if the Ship fliould mifcarr), or be caA away, the reft mud make him Satis-
faftion for the Part he held.
The' on the contrary, if the greateft Part of the Owners refufc to fit out the
Vefl'el, they fhall not be compelled, on Account of their Majoritj , jut in this
Cafe the Snip ihall be valued and fold, and the liiie where Part of the Owners
become deficient, and unable to fit her out.
Owners of Shipt are liable for the Adtions o*"the Mafters they employ, there-
fore it behoves them carefully to confult as well the Honefty as Ability of him
they intend to commit the Care of their Intcrefts to, as the Charge both of the
Veiicl and its Lading refts on him ; and the Owners are obliged both by the
common Laws of England and the Law-Marine to make Satisfadtion for all
Damages that (hall accrue thro' the Matter's Neglcdt, and were formerly obliged
to make good the Contents of a Bill of Loading figned by the Matter, provided
he abiconded', tho' the faid Bill of Loading might be iniquitoufly obtained ; as I '
remember to have occurred with a Merchant, who had a Ship of his own from
Lijbon, and was arretted (I think) in fifteen Adtions for Money his Matter had
figned Bills of Loading for, and had run away with, and which he might have
continued coining,- and firmed new Bills every Day to the utter Ruin of his
Owner, tho' never fo wealthy, had not the Adt, 7 Geo. IL Cap. i c. Sedt. i. pre-
vented fuch fraudulent Proceedings, by limiting the Owners Lois to Ship and
Freight, fo he now knows the Extent of what Damage a roguifti M ..ler can do
him, which was before unafcertained and endlefs.
Tho' if the Matter commits Oflfences, either negligently or wilfully, he ftiall be Sunlejr. v.
refponfible to his Owners for theRcparation of Damages; and they are not bound ^jj'" '• ''**'
to fue jointly, but may do it feparately, both accc rding to the common and ma-
rine Law ; as alfo in Cafe the Snip hath by Freight got fomcthing clear to divide,
and the Matter hath paid fome of the Owners their Parts, the reft may bring
their Adtion for their Shares without joining with the others.
The Defendant and fcven other Perfons were Proprietors of a Ship, which ufual-
ly carried Goods on Freight between Topjham and London, and the Plaintiff loaujd
Goods upon her at the latter, to be carried to the former Port; but the Defendant,
not careful of his Duty, had fo carelefsly ftowed the faid Goods, that tho' the Ship
arrived fafe at Topfiam, yet the Goods were all fpoiled. And upon Non Gulp, plead-
ed, the Jury found a fpecial Verdidt, viz. that the Defendant, and feven other
Perfons were Proprietors and Part-Owners of the Ship ; that the Ship had a
Mafter Local in her by the Part-Owners, who had Sixty Pounds Wages for every
Voyage between Topjham znd London, that the Goods were delivered to the Mafter,
none of the Part-0*vncrs being prefent, and that there was not any Contradl made
with them, or any of them by the Plaintiff, that the Ship arrived fafe to Topjham,
but the Goods were fpoiled. Etjipro ^er, pro Sluer Ji non pro Def.
And two Points were made,
I ft. If the Proprietors are chargeable, no Contiadt being made with them, and
there being a Mafter that is chargeable in Refpedt of his Wages, according to the
Cafe of Morfe and Slue, ytt per Holt, C. L clearly, that tho' the Mafter be charge-
able in Refpedt of his Wages, fo are the Proprietors in Refp^dl of their Freight,
that they receive for the Carriage of the Goods at the Eledtion of the Plaintiff.
2dly. If the Adlion lay againft the Defendant alone, it appearing that there arc
other Part-Owners, not made Defendants ; and held that tne Adtion did not lie
againft him fole, but ought to have been againft all the Part-Owners; for all the
Part-Owners are chargeable in refpedt of the Profit they make by the Carriage of
the Goods, and that in Point of Contradt upon their Undertaking, be it implied or
exprcfs, and are not chargeable as Trefpaners, for then one might be chargeable
alone, but in Point of Contradt, upon their Receipt of the Goods to be carried
for hire. Judgment pro Def. as by 3 Mod. 321. BoJ'on con. Sand. 3. Levt'nz, 258.
>vhere it is with a Cur. Aiuerfare, mes le Reporter ut audivit Judgm. pro Defen.
If a Ship be broken up, or taken in Pieces with an Intent to convert the fame Molloydejur.
to other Ules, and afterwards on change of Mind ftie be rebuilt with the fame ^"- ^•s»4-
Materials, ftie is now another, and not the fame Ship, efpecially if the Keel be
O ript
so
^'c.
i
0/ SHIP 8,
ript up, or changed, and the wliolc Ship be all once taken aliuulor and rchuilt,
there determines the Partncrlhip, quoiij the Ship ; hut il'aSliip he ripped up in
ip, qiiOiia tno hiiip
Parts, and taken alundcr in Parts, and rtp.iirMi in
p De rippi
Parts, yet fhf remains (ii
Ithc
Ditto, P»ge
ditto, S. 7.
Ditto, ditto.
lame Veflcl, and not another ; nay, tlio (he !v.\t!i hecr. f" uJu-n repaired, that
there remains not one Stick of the original Tahrii k.
If a Man repairs his Ship witii I'lank or ut'.ier JVIaterials not his own, but ap-
pertaining to another, yet the Property is not hereby altered, but the Ship main-
tains and keeps her fn(l Owners. Tho' if a Man take Plan!: •'.;-.d Materials pre-
pared for the Ufe of Shipping;, and belonging to anctlier, the Property of the
Veflel follows the Owner of the Materials, and not the Guilder; but if a Man
cut down the Trees of another, or takos Timber or Plarks prepared for the
creifting or repairing of a DwcUing-iloufe, (nay the' fome of them were for
Shipping) and builds a Ship, the Property follows not theOwn^ns but the Builders.
Tne Words which were ufually made ufe of formerly in I'.je Sale of Ships, w>..
her Tackle, Furniture, Apparel, and all other her I nftruments thereunto belong-
Roils Abridg. ing, did not convey the Ship's Boat, wiiich, if unexprefled in the Sale, remained
530. rtill in the Owiicrs, as (he does, if a Ship is forfeited for committing Piracy.
Linii>'> Cafe, Tho' Ballad is generally ufed in Shipping, where a Veflel goes out empty, or
Leon. 46, 47. f^^^^ ^jjj^ jjgj^j Goods, yet it is not efleemcd any Part of her Furniture ; and i\>
it was adjudged in Debt on Bond ; of which the Condition was, that whereas the
Plaintiff had bought of the Defendant a Ship, if the IMatntiff ihall enjoy the faid
Ship with all the Furniture belonging to the fame, without being dilhirbed for the
Ship, or any Furniture appertaining to it, that then, is'c. and the Cafe was, after
the Sale of the S!;:p, a Stranger fued the Plaintiff for certain Monies due for Bal-
laft bought by the Defendant for the fame Ship, in which Suit he obtained Sen-
tence, upon which the Ship was 'bized: The Qucftion was whether Ballafl; be Fur-
niture for a Ship or not, and it was refolved in the Negative ; for altho' it may
fometimes be as ncceffary as Sails, yet it is not always lo, as Ships frequently fail
without it, more efpecially when a heavy Loading anfwers the Purpofc by fup-
plying its Place.
ftfij/o'sCafr, If a Ship commits a Piracy, and is thereby become forfeited, but before Seizure
fcil'sjl.!"'''^' ^^^ ^^ ^"'"^ ^''"^'' ^o"'^' ''^^ Property ihall not be queftioncd, nor the Owners
diverted of the fame.
And if a Mortgagee of Ships, by Deed, entrufts the Mortgager with the Origi-
nal D'll of Salej and the Mortgager indorfes thereon fubfequcntMortgages,or Bills of
Sale of fevcral Parts of the Ship, the firft Mortgagee acquicfces, he fliall be poftponcd .
Where a Sliip ftands in need of Repairs, and the Mafter takes up Money for
that Purpofe, tho' he fpends it another VVay, the Owner and Ship become liable
to fatisfy the Lender ; but if the Mafter borrows Money to repair or vidtual the
Ship when there is no Occafion for it, he .\y ihall become Dr. and not the
nhihyjt "juri Owners, tho' they are generally bound to anfwer the Fadt of the Mafter j for as
^''"' ,^b^'s °" ^^ °"'^ Hand, it would be very unreafonable, that the Creditor ftiould be
bound to take upon him the Care of repairing the Ship, and fupply the Owner*
Room, which nmft be fo, if it ftiould be ncceffary for him to prove, that the
Money was laid out on the Ship ; fo, on the other Hand, it is confiftent with
Reafon, that he be fure he lends his Money on fuch an Occafion, as the Mafter's
A(ft may thereby oblige the Owners, which he cannot do otherwife.than by know-
ing that the Money borrowed was ncceffary for the Ship's Repair; and therefore
if the Ship wanted fome Repairs, and a iar grcatci' Sum was lent than was
needful, the Owners fhall not be liable for the whole.
Upon an Information tarn quam,%xo\xx\AcA upon theAd of Navigation for import-
ing Goods in a foreign Veflcl contrary to that Ad, the Qucftion was, whether or
not, if a foreign Ship, naturalized by the new Ad, being a Prize taken in the late
War with Holland, be afterwards fold to a Foreigner, who fells her again to an
Englijl.man, whether or no the Oath .nuft betaken again, according to the Ad j
per Cur. it need not, bccaufe the Ship was once lawfully naturalized. Hardies 511.
Martin A. Verdne. Molloy de Jure Mar. Pag. 227, 228, Scd. 15.
An Agent for the Eajt-India Company (in the EtiJt-IndicsJ bought a Ship and
Cargo of the Commander, who had no Right or Power to fell either, and the
Owner on a Suit here had the \'alue decreed him for .'•'hip and Cargo (the Va-
lue being found by a Jury) and Indicm Intcreft, i/a. 1 2 per Cent.
If
1 P
393.
,r in.'!
39+-
2 2b,
Briiigm/tn'i
tafc, Hoharl,
fol. II, I •.
mov, 918.
Glors Afiican.
fuper cod.
t<-g .^- S.
Di'to, page
226.
I Pfir u;ii.
iblc
the
the
or as
be
late
an
'II-
and
the
Va-
If
Of SHIPS, ^c. 51
If a Man gets Poflcflion of a Ship without a jiifl. Title to the fame, he Ihall (by Ditm. pa^*
the Law marine) anfwer fiith Damage as the Ship in all iVobaUiUty might have *'"'"•
carnal } and the Kcafon of th;it is, btcaiid; the only luiii of Shipping is tlic Km- n g. Ml). 6.
ploymcnt thereof j but if a W.iir.mt be dircdkd out of tlie AJniiralty to the '''; '• '' = ■ *•'
Marfhal to arreft futh u Ship, and S,//vo Cujiodin', (prcfcrve her iu Sifety) wlio ij.'/', '"' ''
by Force of the fame enters into the Ship; and tho' the Warrant docs not men- u.
lip; i
I ner
fol.
ly.
tion that the Otlicci fliould tarry away her Sails, yet he may julHfy the taking j"'^'*!'
them, for that he cannot i\itho Cujlodirc her, iinlcls iic t.ikcs au.iy the Sails. /sn.
In cafe a Ship is freighted out, antl in Conleipience of the Agreement receives Dig. lii>.
her laduig aboard, if an l'"nibargo happens afterwards, and her Cargo is taken as '"• -• *"
Ibrfcitcd, yet the Owners ihall notwithilauding receive the Freight, as the Fault
was not in them, but in him wliofe Property the Goods were.
In the Main Sea, or in an Arm of it, a Ship may not become a Deodand, tho' 3 Inft, fol. j».
any Body be drowned out of it, or otherwife come by their Death aboard, be-
caufc on fuch Waters Ships arc naturally expofed to the Dangers of tempelluou*
Weather ; but a Ship or VclTcl in frelh Water may become a Deodand, as hap-
pened with one lying at Rotberhithe, near the Shore, to be careened, where a Mich, igCiw.
Shipwright being at work under at Low- Water, as flic leaned afidc, fhe unex- "•'" '^•**'
pededly turned over, and unfortunately killed him- Upon a Trial at Bar the
Queftion was, whether fhe belonged to the Lord of the Manor contigiusus to the
place where the Man was flain, or to the Almoner, as a Matter not granted out
of the Crown ; and it was refolved that the Ship was a Deodand, and the Jury
found a Verdidt for the Lord of the Manor.
If a Ship imports prohibited Goods (he cannot be feized as forfeit till there is ■ »'<:><(' 47.
a Condemnation in the Exchequer thereon. I Mod^lg'
If foreign Brandy or Spirits mall be imported in any Ship under fifteen Tons, j Kceb.eoV
(except for the Ufe of the Seamen, not exceeding one Gallon each) flichBrandv, •<''"'»i<7e.
t^c. ihall be forfeited. j_„p ,,.si.
If any Maftcr, Owner, Purfcr, or Boatfwain of any Ship willingly permit any 2 Edw. vi.
Brafs, Copper, Latten, Bell-Metal, Pan-Metal, Gun-Metal, or Shrof-Metal, whe- '-'''?■ 37' Se«-
ther it be clear or mixed, (Tin and Lead excepted) to be (hipped contrary to this ^"
.Ad, or perceiving fuch Metal to be ihipped, do not difclofe the fime in thue
Days after Knowledge had to tlie Cuftomer or Comptroller of the Port, or their
Deputies, every fuch Owner, ^c. (hall forfeit double the Value of the Metal.
Every VelTel, with all her Tackle, in which any great Cattle, Sheep or Swine,
or any Beef, Pork, or Bacon (except for the neceffary Provifion of the Ships, in C»P- '1
which the fame Ihall be brought, notexpofing it to Sale) (hall be Imported, and ''
out of which they (hall be put on Shore, fliall be forfeited j and it ftiall be lawful
for any Perfon, within one Year after fuch Importation, to feizc the Ve/Tel, and
make Sale thereof to the heft Advantage, Gf<:. and it fliall he lawful for any
f ufticc of Peace of the County, or chief Officer of the Port Town, where fuch
importation (hall be, or where any of the Cattle, Beef, fisfc. fo imported (hall
be brought, by Warrant to caufe to be apprehended the Mafter and Seamen,
having Charge of, or belonging to fuch Veflel ; and every other Perfon em-
ployed in the landing, or taking Care of the faid Cattle, Beef, Qfc. and them to
commit to the common Goal for three Months.
It fliall be lawful for any Perfons who (hall relidein herMajefty's Dominions dAnn. Cap,
fo import C'ochineal in Ships belonging to any State in Amity, Spanijh Ships, or 33-
liich as are deemed Spanijh Ships, failing with SpaniJhViffci and Colours, from
Cii./iz, Scvilh', Port St. Mary, St. Lucar, and Gibraltar, or any other Ports in
>S/v;/'/;, during the War, (iff . the Aft 12 Car. II. cap. 18. notwithitanding.
Miule piTpett4al 12 Ann. Stat. i. cap. 18. Seft. 3.
No Perlbn fliall buy any rough Hide or Calf-Skin in the Hair, but only fuch ' J'"''- f-
as fliall tan them, except Salt Hides for the Ufe of Ships, ^c. ^''^ "' '^^
No Maftcr fliall lofe his Ship for any fmall Thing, not cuftomcd, put in the 38 ^w. iir,
Ship without his Knowledge. '"''''• *•
i^^o Cuftomer or Comptroller fliall have Ships of their own, nor meddle with 1+ Rith. u,
the Freight of Ships. _ ''"^r '°-
No Ship or Goods fliall be feized as forfeited for unlawful Importation or Ex- ij and 14
portation, or for Non-Payment of Cuftoms, but by the Perfons appointed to ma- "
2 nage
Cur. ir.
Set).
Seft.
Cur. II Cap.
ii.Sca. 15.
■VM
4
s»
In-'
Ditto, 8«Q.
Ditto, ScA.
a-
Ditto, 6*&.
j6.
t At: Cap.
ij. Sea. 19.
t ctt. I.
Cip. 11. ScA.
Ditto, Soft.
Ditto, Sea.
«.
9 G». II.
Cap, J5 Sea.
»7'
1 1 Git I.
Cap. 30. Sea<
0/ SHIPS, ^f.
nagc the Cuftonis, or Officcrf ufCuftoms, or Perfons deputed by Warrant from
the Lord Trrafiirc:, or Undcr-Trcafurcr, or by Commiflion from his MajcOy
under the Circa: or Privy-S;al, and if any Seizure ihall be made by any other
Perfon for the Caufes aforefaid, fuch Seizure fhall be void-
In Cafr the Seizure or Information (hall be made upon the Adl of Navigation,
the Defendants Oiall, on their RcqucO:, have a CommiHion out of Chancery to
examine Witneflcs beyond Sea, and have a competent Time allowed for the
Return thereof before Trial ; and the Examination of WitnelTcs fo returned
ftiall be Evidence at the Trial.
Every Perfon that fhall export Goods from any Port of this Kingdom, capa!)le
of a Ship jf two Hundred Tons upon an ordinary full Sea, to any Part of the
Mediterranean bcyoi.d the Port of Malaga, or import Goods from the Places
aforefaid, in any Ship that hath not two Decks, and do carry Icfs than fixteen
Pieces of Ordnanct mounted, with two Men for each Gun, and other Ammu-
nition proportionable, (hall pay for all Merchandizes fo exported or imported
One per Cent, above the Tonnage and Poundage.
It fhall be lawful to export Fifh into any of the Ports of the Mediterranean in
any Englifii Ship, provided one Moiety of her Lading be Fifh, and to import
Merchandize in the fame Ship for that Voyage, witliout paying any other Rates
than accuilon~.cd.
TheMafVer of every Ship, can"ingCertificatr Goods to Ireland, fhall take from
the CoUcdtor 'v\ Great-Britain a Duplicate of his Content, under the Hand and
Seal of the Colleftor and Com' :roller, (which they are required to deliver with-
out Fee) and fuch Mafter fhall deliver fuch Duplicite to the Officers of the Cuf-
toms in Ireland before he be permitted to land fuch Goods.
In Cafe any foreign Goods fhall, by any Collier, Fifher-Boat, or other Coafling
Veffel, be taken in at Sea, orr- ♦ of any Veffel, to be landed, or put into any other
Sl.'p, Gff . within the Limiis Oi any Port, without Payment of the Duties, fuch
Goods fhall be forfeited, and the Mailer of fuch Collier, fs'r. fhall forfeit treble the
Value, unlefs in Cafe of Nr cefTity, of which fuch Mafler fhall give Notice, and
make Prc^f before the chief Officers of the Cufloms of the firfl Port whcc he
fhall arrive ; the Mafler or other Perfon taking Charge of the Ship out of which
fuch Goods fhall be taken in at Sea, fhall forfeit treble the Value.
All Goods not reported, and found after clearing the Ship by the proper
Officer of the Cuftoms »haU he liable to Forfeiture.
Where any VefTel of fit" yTons, or under, laden with cuitomable, or prohibited
Goods, fhall be found hovering on the Coafls, within the Limits of any Port,
and not proceeding on herVoyagc, (Wind andWeather permitting) any Officer of
the Cufloms may go on board, and take an Account 01 the Lading, and demand
Security of the Mafler, ISc. by his own Bond, to his Majefly, fisfc. in treble the
Value of the foreign Goods on board, with Condition, that fuch VefTel, (as foon
as Wind and Weather, and the State of ftich VefTel tioth permit) ihall proceed
regularly on her Voyage, and fhall land fuch Goods in fomc foreign Port. And
if fuch Mifler, Gfr . fhall refufe to enter into fuch Bond, or fliall not proceed on
fuch Voyage, (as foon as Wind, Weather, and the State of fuch Ship will permit)
unlefs fufrered to make longer Stay by the Colledor, or other chief Officer, (not
cxceedmg twenty Days) all the foreign Goods on board fuch VefTel may, by any
Officer of the Cuftoms by Diredlion of the CoUeAor, or o»'her principal Officer,
be taken out of the Ship and fecured; and if fuch Goods are cuflomable, the Duties
/hall be paid ; and Wool, or any prohibited Goods, found on board, are de-
clared fuDJedl to Forfeiture *.
All Goods found concealed on board any Ship after the Mafter fhall have
made his Report at the Cuftomhoufe, and not mentioned in the faid Report,
fliall be forfeited, and may be feized and profecuted by any Officer of the Cuf-
toms, and the Mafter of fuch Ship (in cafe he was privy to fuch Concealment)
fhall forfeit treble the Value of the Goods.
It fhall be lawful for the Officers of Excife to go on board any VefTel within
the Limits of any Port, and to continue on board, and rummage in like Manner
as
• V. B. ntri ii thi/am AB mail fir any Shif htvr !*i n iti CtaJI «/ Ireland, tff . by 6 Gnrrt I Cap I
Sea. it. "^
f
e
V
f]
V
1
f
Of SHIPS,
c.
55
on
lit)
not
my
Cer.
ive
Tt,
if-
«)
jiin
|ier
as
s. 1 6.
1 und t Will,
III. C«p.
bUt. I.
39-
jp.iS. S<A.
as the Oftircrs of the Cultoms, for Arnck, Rum, HnuiHy, or other evcifeaMe
Liquors ; and for Coffee, Tea, Cocoa-Nuts, Chocolritc, nnd Cotoa-Pall(' i and
to Icizc for his Majcfty's Ufc all iuch of the faiil t.'ommoilitics tucrc found, as hy
Law fliall be forfeited, together with the Package; and to fcizc fuch of tlic find
Commodities a^ before due Entiy, and without p lying or le. uring the Duiics on
the Importation, rtiall be found unfhippingor unfhippid.
For Kncouragement of the North Sf^, f/ltinJ, and fyijlmom Fifhcrics no frcfh i; Cur. \\
Herring, frcrti Cod, or Haddock, Coal-Fifh, or Gull-Fini lliallhc iinport.aimt '-''?•'• '*■'
in Eng/i/b built Ships, and having Certificate as in the Ad, and wlicrcof thcMaf-
ter and three-fourths of the Mariners are Englijb, ami which have been caught
in fuch Ships, and not bought of Strangers, under Pain of Forfeiture of all fuch
Fifti, and the Ship in which it was imported.
No Britif}) Ship trading to any Part of the MfJiferran an Sea beyond Mii/aga 9 c»« ri.
rtiall be entitled to the Exemption granted in the Aft 13 and 14 Qir. II. Cap. 1 1. ^»P' 33S' )•
Sedt. 36. (herein before recited) for that one Moiety of the Loading, of fuch Ship
ftiall confift of Fifli, unlefs fuch Moiety conlift of FiHi taken and cuicd by his
Majefty's Subjefts.
It (hall be lawful for Natives of England or Irclund to import into England dt
rcftly from Ireland any Sorts of Hemp or Flax, and all the Produdlion thereof, as
Thread, Yarn and Linen, of the Growth and Manufadturc of Ireland, free from
all Duties, the Maftcr of the Veflel importing the fame bringing a Certificate
from the chief Officer of the Port in Ireland, exprelVmg the Marks, Number,
Talc, or Weight of the Species in each Bale mentioned in the Hills of Lading,
Ivith the Names and Places of Abode of the Exporters from Ireland, and of fuch
Pcrfons that (hall have fworn the Goods to be of the Growth and Manufacture of
the Kingdom, and where, and to whom in England ccinf\gncA ; and the Mailer of
the Ship, on Arrival in England, making Oath that the (aid Bales and Goods arc
the Bales and Goods taken on board by Virtue of the laid Certificates.
If any Pcrfon (hall within his Majefty's Dominions, or without, falfcly forge 4C" II
or counterfeit any Pafs for any Ship, commonly called ti. Mediterranean Pafs, or '^
f lall alter or cra(c any Pafs made out by the CommilTioners for executing the
Office of Lord High A.dmiral j or (hall publi(h as true any forged, altered, or
erafed Pafs, knowmg the fame to be forged, Gfr. every fuch Pcrfon being con-
vidled in Great-Britain, Ireland, or his Majefty's Plantations, where fuch Oftcnce
Ihall be committed, (liall be guilty of Felony, withouf Benefit of Clergy.
None of the Duties upon Hop (except of Britijh Growth (hall be drawn back 9 '^"' C»p.
upon Exportation for Ireland; and no Perfon (hall import into Ireland from "• ^'^ »?•
Flanders, or any other Parts (other than Great-BritainJ any Hops, upon Pain of
forfeiting the Hopsfo imported, or the Value of the fame, and alfo the Ship.
The Maftcr of every Ship carrying Hops to Ireland (hall take from the Collec- , ^j^^ j g^
tor or Comptroller of the Port in Great-Britain where he (hall lade any Hops a Cap. 1 1. s.
Duplicate of his Content of all the Hops laden on board his Ship, before he be
fjcrmitted to fail, under the Hand and Seal of fuch Colleftor, (Sc. who (hall de-
iver it without Fee j which Duplicate the faid Mafter (hall deliver on Oath to
the Officer of the Cuftoms in Ireland before he be permitted to land any Hops ;
and in Cafe any Hops (hall be landed in Ireland before fuch Duplicate be pro-
duced, all fuch Hops, and \os. for every Pound Weight (hall be forfeited.
The Duty on Hops of Britijb Growtn (hall not be drawn back for any fuch 6 g„ i Cap.
Hops exported for Ireland. " • s. 40.
No Commodity of the Produft or Manufadlure of the Eaft-Indies (hall bc/G/.i.cap.
imported into Ireland, the Iflands of Jerfey, GuernJ'ey, jilderney, Sark, or Man, or 2' • ''• y-
to any of the Plantations in Africaot America, belonging to the Crown of Great-
Britain, but fuch only as be (hipped in Great-Britain in Ships navigated accord-
ing to Law, on Penalty of fbrf(:iting all fuch Goods, orthc Vii .c thereof, toge-
ther with the Ship, Gff .
This A61 (hall not prohibit the carrying of Hides or Leather for the ncce(rary i , and 1+
Ufc of the Ship, and which (hall not be fold in foreign Parts, fo as the Number '-•'^.Ji. c«p.
do not exceed fix raw Hides, and thret tanned Hides. '' ** "■
It (hall be lawful for any N?.tivcs oi England or Ireland to (hip, in any Port 3 ./-.». Cap.
oi Irdand, in Englijh built Shipping, whereof the Mafter and three-fourths of*- S- ••
P the
M
■'•I'.
B
ii: '
|i
1.
54
nino
8.1.
I 1 Cr.
f.p 1 8
|8.
Dlitrt
S. 19.
t <; Cir.
Cap. 7.
ir.
S. 6.
Ditto
.S.7.
0/ SHIPS, ^U.
the M.irincrs be En^/i/b or In'fb, any white or brown I,iiien-Clotl>, of tlic Mann-
fadiire of Inlantl, ami the liime to traMfport into any of the I'lantmioiis, tlie Adt
I ^ C.iir. II. t'.ip. -. iiotwithllaiuling.
I'roviiltd, th.it noShiptoinine to the I'lantations from IrclanJ (\\.\\\ break Uulk,
until the Mailer (hill h.ive made known to the (iovcrnor, or to liith Oliiccr asi
Hiall be by him anpoiiiteil, the Arrival of the faid Ship, with her Name, and
the Name of the NIaller, and lliall h.ive delivered a true Inventory or Invoice of
the Lading, together with the Certitieate from the thief OMiecr of tii,' Port in
/nVrfW wliere fiuh Ship ihdl be ladiii. cxprclliny the Particulars of fuch Lading,
with the Names and Abodes of the Exporters, and of two Pcrfons, wiio (Iilll
have made Oath before fuch chief Olficer, that the f.iiil (ioods and Linen are
liona Fii/i- of the Manufacihirc of IrelanJ; and until the M.illcr (hall have made
Oath, before Inch Governor or OHiccr, that the laid Ooods are the fame that he
took on board by Virtue of fuch Certirtcate, nor until fuch Ship llull have been
fcarchcil by an Officer i and, in Cafe the Commander of fuch Sliip Ih.ill break
Bulk before fuch Notice given and Certificate produced, and fuch Oath made,
or before fiicii Search, or if any Goods of Woolen JVfanufadture, not laden in
EnglanH (necelliiry Apparel of the Commander and Mariners excepted) or any
Linen (Joods not lailen in England, nor of the Manufadture of /n/tfW, ihall be
found, fuch Ship (liall be forfeited, together with all Goods imported, or found
in fuch Ship.
No Sugars, Tobacco, Cotton Wool, Indigo, Ginger, Fuftick, or other
Dying- Wood, of the Produdtion of \ny Englijh Plantations in Amctia, Ajia or
Africa, (hall be carried from any ot the (aid Ettglijh Plantations, to any Place
wliatlbever, other tlian to fuch Englijh Plantations as belong to his Majefty, or
to EnglanJ, Inldnd, ff'a/cs, or Bcruick, there to be laid on Shore, under the
Penalty of Forfeiture of the Goods, or the Value thereof, as alfo of the Ship with
her Tackle.
For every Ship which (liall fet out from England, Irfland, Wala^ or Berwick,
for any E.nglijb Plantation in America, Ajia or Africa, Pond (hall be given with
one Surety,^ to the chief Otliccrs of the Cuflomhoufc of fuch Port from whence
the Ship (hall let Sail, to the Value of 1000/. if the Sliip be of lefs Burthen than
one hundred Tons, and of 2000/. if the Ship be of greater Burthen; that in
Call' the Ship (hall load any of the faid Commodities at the Engiijh Plantations,
that the Hune (hall be by the faid Ship brought to fome Port of England, Ireland,
Wales, OT Beruick, and (hall there unload the fame. Danger of the Seas exccptcdj
and for all Ships coming from any other Place to any of the Plantations, the Go-
vernor of luch Plantation (hall, before the Ship be permitted to load any of the
faid Commodities, take Bond to the Value aforefaid, that fuch Ship fliall carry
all the aforelaid Goods to Ibme other of his Majefty's Englilb Plantations, or to
England, Ireland, Wales, or Berwick; and every Ship wliich (hall take on board
any of the aforefaid Goods, until fuch Bond given to the Governor, or Certilicate
produced from the officers of any Curtomhoufc of England, Ireland, Wales, or
Berwick, that fucli Bonds have been there given, fliall be forfcitct' witl'. all her
Tackle.
Confirmed, 13 Car. IL Cap. 14.
No Commodity, of the Produdtion of Europe, fliall be Imported into any
Plantation or Place, which hall belong tohisMajelly in Afia, Africa o- America,
but what fliall be fliipped in I2;?(ji'and, Wales, or Berwick, and in ErgliJJj built
Shipping, and whereof the IsTiiler ii^d three-fourths of the Mariners ire Engli/h,
and which fliall be carried diredly thence to the faid Plantation j, under the
Penalty of the Lois of all fuch Con. modities imported from any oth( r Place j and,
if bv Water, of the Ship alio with her Tackle.
Provided, that it fliall be lawful to lade in Ships navigated as in the foregoing
Claufe, in any Part of Europe, Salt, for the Fifheries of New-England and
Newfoundland, and to fliip in the Madeiras, Wines of the Growth thereof, and
to (hip in the Weftcrn Illands or Azores, Wines of the Growth of the faid
Iflands, and to take in Servants or Horfcs in Ireland, and to fliip in Ireland,
Vidlual of the Produdtion oi Ireland, and the fame to tru" (port into any of the
iiiid Plantations.
^ Every
55
any
jtrica,
(built
the
land,
|oing
and
and
faid
and,
the
Every
ntiH
'. II
M
1 1.
0/ SHIPS, ^c.
Every Perfon importing by Land any Gixxls into the luiil IMint.itions, ni;ill Oitd
deliver to the Governor, or to fiK h IVrlon us (lull be by him .ippointnl, within "^ *■
twenty-four Hours after fuch Imprtiition, his Name, aiul a I'ariicular otall
futh GtKxls: And no Shin coinine to any (uih I'lantation (lull lailc or unlade
any Goods, until the Malter (hall hr(l have nvaiic known to tbc (lovcmor, or
fiich other Orticer as (hull be by him appointcii, tlir Arrival ot tl\c Sjiip, vvith
her Name, and the Name of lu-r Commandir, and liavi (luwn to him that ()ic
is an Englijh built Ship, or made good l-y produi-iiij; fuch Ccrtilicatc, that (lie
is a Ship belonging to F.nglanJ, H'ales, or lieiivuk, and navigated uitii m\ I'.nglijb
MadiT, and three-fourth Parts of the Marincis /';«;,'////•, and luivi' dclivtic'd to
fuch Governor, or other Ofticer, an Inventory of her l/ading, with the I'lacts
in which the Goods were laden, under the Pain of Ia)('s of the Ship with lier
Tackle, and of all liich Goods of the Produdion of Europe, as were not laden
in England, ff^a/es, or IWwick.
Tiic Word Irtland (hall be left out of all Bonds taken from any Ship, \s hiih
ihall fet Sail from England, Ireland, fVala, or Berwuk, tor any Englilh Pl.iiitation
in yimerua, Ajia or Jifrka\ and, in Cafe the Ship (hall loail any o( tXvi ("aid Com-
modities at the {\\A Englijh Plantations, the faid Lonmiodities (hall be by the
faid Ship brought to (bme Port of England, Walts, or BiriLuk, and (hall there
unload the (ame, (Danger of the Seas excepted) and in like Manner for all Ships
coming from any other Port to the faid Plantations, the Ciovernor of IV h
Plantations (hall, before the Ships be permitted to load any of the laid Commo-
dities, take Bond in the Manner dircdtcd in the Adt, 12 iUtr. II. Cap. iS, yir
the encouraging of Navigation, that fuch Ship Hiall carry all the (aid Goods to
fome other of his Majcfty's Englijh Plantations, or to England, H'aliS, or IWwick;
and every fuch Ship which Ihall load any of the faid Comn\oditics, until fuch
Bond given, or Certiticatc produced, f^-om the Officers of fomc Curtomhoufe of
England, JVales, or Berwick, that fuch Hond hath been there given, or which,
contrary to the Tenor of fuch Bond, Ihall carry the faid Goods to any Place other
than to other EnrliJIj Plantations, or to England, lyalcs or Berwick, and there
lay the fame on Snore, every fuch Ship Hull be forfeited, with her Tackle and
Lading.
If any Ship, which by Law may trade in any of his Majefty's Plantations, ^^c
ihall come to any of them to fliip any of the faid Commodities, and Bond fliall '-•'P
not be firft given with Surety, to bring the liunc to England, fVaks, or Berwick,
and there to unload the fame (the Danger of the Seas excepted) there Ihall be
paid to his Majefty, for fo much of the faid Commodities as (hall be put on boar,'
fuch Ship, thefe Duties, viz. for Sugar white, the hundred Weight 5/. brown
Sugar and Mulcovadoes is. 6d. for Tobacco the Pound id. Cotton Wool one
Half-penny, Indigo zJ. Ginger the hundred Weight is. for Logwood 5/. for
FuAick, and all other Dying Woods, 6d. and for every Pound of Cocoa Nuts i d.
to be collcfled as Ihall be appointed in the Plantations before the Landing thereof,
and under fuch Penalticr as for defrauding his Majefty of his Culloms in England.
In Cafe any Pcrlon liable to pay the Duties before-mentioned Ihall not hav<:
Monies to piy the fame, the Ofticers Iliall accept fuch a Proportion of the Com-
modities as ihall amount to the Value.
No Goods iliall be imported into, or exported out of any Plantation, to his
Majefty in yifia, Africa or America belonging, or Ihall be carried from any one iii.'"cap
Port in the Plantations to any other Port in the fame, the Kingdom of England, *• ^•
Wales, or Berwick, in any Ship but what Ihall be of the Bviiltoi England, or of
Ireland, or the Pla^itations, and wholly owned by the People thereof, and navi-
gated with the Mafters, and three-fourths of the Mariners, of the faid Places
(except Ships taken Prize, and Condemnation thereof made in the Courts of
Admiralty in England, Ireland, or the Plantations, to be navigated by the Mafter
and three-fourths of the Mariners Englijh, or of the Plantations, and whereof the
Property doth belong to Englijhmen) under Pain of Forfeiture of Ship and Goods.
Merchandizes may be exported or imported to and from this Kingdom and
Places aforcfaid, in any Ships taken as Prize, and whereof Condemnation (hall ''■"» Seft
be made in one of the Courts of Admiralty ajforefaid, and Ihall be navigated by ^"
the
II.
S. i.
S. 4.
7 "nd 8 WV.7.
S6
Ditto SeO.
6.
m'^-
Ditto Sea.
7-
Jilto Sefl.
S.
^"i
Ditto Sea.
9-
Ditto Sefl.
10.
Ditto Sea.
II.
Ditto Sea.
0/ S H I P S, ^c.
the Maftcr, and three-fourths of the Mariners, Englijh, and whereof the Pro-
perty (hall belong to Englijhmcn.
All Ships coming into, or going out of, any of the Plantations, and lading or
unlading any Goods, whether the fame be his Majefty's Ships of W;ir, or Mer-
chants Ships, and the Commanders thereof, (hall be liable to the fame Rules,
Vilitations and Forfeitures, as to the entering, lading, or difcharging their Ships,
as Ships are liable to in this Kingdom, by 13 and 14 Car. II. Cap. 1 1, for pre-
venting Frauds in his Majejh's Cujioms; and the 0(ficers for colledling his Majefty's
Revenue, and infpefting tne Plantation Trade in the Plantations, (hall have the
fame Power for fearching of Ships, and taking their Entries, and for feizing
Goods prohibited, or for which any Duties are payable, as are provided for the
Oflicers of the Cuftoms in England, by the faid Adt, as alfo to enter Houfes or
Warchoufcs, to fearch for and feize fuch Goods; and all the Wharfingers, Lighter-
men, or other Perfons, afTifting in the Concealment or Refcue of the laid Goods,
or in the hindering the Officers in the Performance of their Duty ; and the VelTels
employed in the Conveyance of fuch Goods (liall be fubjedt to the like Penalties,
as are prov'Jed by the (ame Adl, in Relation to prohibited or uncuftomed Goods
in this Kingdom; and the like: AfTiftance (hall be given to the Officers, as by the
faid Adl is provided for the Officers in England, &c.
Where any Queftion (hall arifc concerning the Importation or Exportation of
any Goods, into or out of the faid Plantations, the Proof (hall lie upon the Owner,
and tlie Claimer (hall be reputed ihe Importer or Owner.
Notwithftanding the Payment of the Duties granted by 25 Car, II. Cap. 7. in
any of the Plantations, none of the Goods nientioned in the Adt (hall be (hipjied
until Security be given, as is required hy the faid Aft, to carry the fame to England,
Wales, or Berwick, or to fomc other of his Majefty's Plantations, and fo toties
quoties as any of the faid Goods (hall be brought to be re(hipt, under Forfeiture of
Ship and Goods.
All Laws, By-Laws, Ufages or Cuftoms, which (hall be in Praftice in the
Plantations, repugnant to the before-mentioned Laws, or to this Aft, or any
other Law to oe mide in this Kingdom, fo far as fuch Law (hall relate to the
Plantations, are void.
Where the Governor, or Officers appointed by the Commi(rioners of the Cuf-
toms in the Plantations, (hall have Ground of Sufpicion, that the Certificate of
having given Security in Englandis falfc, the Governor, or Officers of theCuftoms,
(hall take Security there for the Difcharge of the Plantation lading in England,
IVales, or Berwick; and where there (hall be Caufc to fufpeft, that the Certifi-
cates of having difcharged her Lading of Plantation Goods in this Kingdom is
falfe, the Governor or Officers (hall not cancel the Security given in the Plan-
tation, until they be informed from the Commiffioncrs of the Cuftoms, that the
Certificate is true; and if any Perfon (hall rafe or falfify any Cocket, Certificate,
Return, or Permit, for any VefTel or Goods, or (hall knowingly make Ufe
thereof, fuch Perfon (hall forfeit Five Hundred Pounds.
The Commiffioncrs of the Treafury, and the Commiffioncrs of the Cuftoms,
may appoint fuch Officers of the Cuftoms in any City; Town, River, Port, Har-
bour, i Creek, of any of the Iflands, Trafts of Land, and Proprieties, as (liall
fecm needful; alio upon any Suits brought in the Plantations, upon any Law
concerning his Majefty's Dudes, or Ships or Goods forfeited by Realbn of any
unlawful Importations or Exportations, there (hall not be any Jury, but of fuch
only as are Natives oi England or Ireland, or born in his Majefty's Plantations;
and upon all fuch Suits the Offences may be laid in any Province, Country, or
Divifions, of any of the Plantations, at the Pleafurc of the Informer.
In all Bonds to be taken in the Plantations by ti and 23 Car. II. Cap. 26. the
Sureties fhall be Perfons of known Refidence and Ability in the Plantations, and
the Conditions of the Bond (hall be within eighteen Month- after the Date, (the
Danger of the Seas excepted) to produce Certificates of having landed the Goods
in one of his Majefty's Plantations, or in England, Waks, or Berwick, otherwifc
fuch Bond, or Copies thereof, attefted under the Hand and Seal of the Governor
to whom fuch Bonds were given, (hall be in Force, ani allowed of in any Court
ia England, Ireland, or the Plantations, as if the Original were produced.
It
E %
0/ S H I P S,
57
the
:ate,
Ufe
lall
aw
anv
ucr
nsj
or
any
ucn
the
pnd
the
Dds
ifc
lor
jrt
It
It (liall not be lawful to put on Shore in Ireland zny Goods of the Produce of Dit.oS. 14.
his Majcfty's Plantations, unlcfs the fame have been firil: landed in England,
Wales or Berwick, and paid tiie Duties, under Penalty of Forfeiture of the Ship
and Goods.
Provided, that if any Ship fliall, by Strefs of Weather, be ftranded, or by Rca- Dittos. 15.
fon ofLeakinefs, or other Difability, fliall be driven into any Port in Ireland, and
not able to proceed on her Voyage, the faid Goods may be put on Shore, but
fliall be delivered into thcCuftody of the Colledlor, or chief OHicer of the Cuftoms,
until the faid Goods fliall, at the Charge of the Owner thereof, be put on board
fome other Ship, to be carried to fome Port in England, JVales, or Berwick, the
Oflicer taking Security for the Delivery of the fame, according to this Adl.
No Ship fliall pafs as a Ship of the Built of England, Ireland, fVales, Berwick, K'' S. 17.
Guernjey, Jcrjiy, or any of his Majefty's Plantations in America, fo as to trade to
the Plantations, until the Pcrfons claiming Property in fuch Ship, fliall regifter
the fame, viz. if the Ship belong to any Port in England, Ireland, Wales, or Ber-
wick, Proof fliall be made upon Oath of one of the Owners, before the Collector
and Comptroller of his Majefty's Cuftoms in fuch Port, or if the Ship belong to
any of his Majefty's Plantations in America, or to the Illands oi Guernjey or ycrfey,
then the like Proof to be made before the Governor, with the principal OHicer
of Revenue refiding on fuch Plantation or Ifland, in the Tenor following, vi-z.
of
JUrat A. B. that the Ship of
is at prefent Majler, being a
tons, was built at in the Tear
and that
of
and
whereof
of
&c. are at prefent Owners thereof, and that no Foreigner, direilly or tndireSlly,
hath any Share, or Part, or Interejl therein.
Which Oath being attcflcd by the Governor, or Cuft^om-Officer, fliall, after
having been rcgiftcred by them, be delivered to the Mafter of the Ship, a Du-
plicate of which Rcgifter fliall be tranfmitted to the Comniiflioncrs of Cuftoms in
London, to be entered in a general Regifter there; with Penalty upon any Ship
trading to any of his Majefty's Plantations in America, and not having made Proof
as here dirciiitcd, that me fliall be liable to fuch For"';iture as any foreign Ship,
except Prizes condemned in the Admiralty.
Provided that Ships taken at Sea by Letters of Mart, or Reprizal, and Con-p.^.^g ^^
dcmnation thereof made in the Admiralty of England, fliall be fpecially regiftercd
with Proof, that the entire Property is Englijlj.
Nothing in this Ad: fliall require the regiftcring any Firticr-Boats, Hoys, niito s. ig.
Lighters, Barges, or any open Boats, whofc Navigation is confined to the Rivers
or Coalls of the Plantation where they trade, but only of fuch as crofs the Seas.
No Ship's Name fliall be changed, without regiftering fuch Ship ik novo, which Ditto s. lo.
is to be done upon any Transfer of Property to another Port, and delivering up
the former Certificate, under the (anie Per.altics as before; and, in Cafe of any
Alteration of Property in the fame Port, by Sale of Shares ai'tcr regiftcring, fuch
Sale fliall be acknowledged by Indorfement o-i the Certificate before two
Witncfles.
Rice and Melaflcs, produced in the Plantations, fliall be reftrained to be im- , and 4 A,><.
ported into this Kingdom, Wales and Berwick, as by the Ads 12 Car. II. Cap. <: 5 *>• "■
18. and 21;. Ciir.U. Cap. 7.
Every Perfon fliall import diretStly from any of her Majcfty's Plantations in j .md 4 ./««,
America, in any Ship that may lawfully trade thither, manned as by Law is re- '■ "^- => '■
quired, anyof the naval Stores hereafter-mentioned, viz.. Hemp ffor the re/i of
the Ail is expired) ihall have as a Premium for fuch Importation as follows, av'z.
For Hemp. Water-rotted, bright and clean, per Tun 61.
Which Prcmiuins ihall be paid by the Commillioncrs, or principal Officers Ditto s i.
of her Majcfty's Navy, who are to make out Bills for the llimc, upon Certificate
of the chief (^iliccrs of the Cuftoms in any Port of this Kiiigdcmi, where luch
Stores fliall be imported, fuch Bills to be given within twenty Days alter the
Difcharge of the Ship, upon a Certificate produced to the chief Ollicers of the
(i Cuftoms,
S8
HI
Ditto S. ;.
Dittos. 8.
Ditto S. 9.
" Ann C. 13
S 2}.
10 ,^ii». Of,
S. t.
10 /fnn. c, 26,
b. 113.
8 Ota. I. e.
15. S. 24.
IjC.t. I.e.
S-
3 Rrc. 11. C
12.
3 G«. TI. C.
iS. S.I.
Ditto S.
'S"
0/ S H I P S> ^f.
Cuftoms, under the Hand and Seal of the Governor, Lieutenant Governor,
CoUcdlor of Cuftoms, and Naval Otiicer, or two of them, refiding in the Plan-
tations, that the Perfon loading the fame had made Oath before them, that the
Stores were of the Growth of her Majefty's faid Plantations, as likewife upon Oath
to be made in England, by the Mafters of fuch Ships, that the fame were laden
on board within fome of her Majefty's Plantations in America, and that they
believe the faid Stores were the Produce of the faid Plantations.
Upon ■ iporting fuch Stores from her Majefty's Plantations, the Pre-emption
of fuch • res ftiall be offered to the Commiflioners of her Majefty's Navyj and
if, within twenty Days after fuch Tender, the Commiflioners Oiall not contradl
for the fame, it Ihall be lawful for the Importer to difpofe of ti. '. fame.
Provided that the Importation of fuch Sto. cs be fubjed: to the fame Regulations,
in Reference to the Shipping thereof, and fuch Security given for importing the
fame into England, as the Importation of Sugar, Tobacco, Cotton Wool, Indico,
Ginger, Fuftick, and other dyeing Wood, from her Majefty's Plantations in
America, are fubjeft to.
This hO. ihall commence from the firft of January, 1 705, and (hall continue
nine Years.
Farther continued by 12 Ann. St. i. Cap. 9. for Eleven Tears, and to the End of
of the next Seffion of Parliament, and farther continued as to Hemp, by 8 Geo. I.
Cap. 12. for 16 Years, and to tk- End of the next SeJJion of Parliament.
Plantation Bonds, given for bringing the enumerated Commodities to Great
Britain, in Cafe there be no Profecution for Breach of the Conditions, within
three Years after the Dates; or, if Judgment be not obtained for her Majefty
within two Years after the Profecution commenced, fuch Plantation Bonds ftiall
be void, and delivered up by the Officers, on Pain of anfwering all Demands
with treble Cofts.
All Prize-Goods of the Produce c*" foreign Plantations, which ftiall be im-
ported into Great Britain from the Plantations in America, upon producing a
Certificate of the CoUetftor, Comptroller, or other chief Officer, at the Port where
fuch Goods were embarked in America, ftiall pay fuch Duties only in Great
Britain, as in Cafe they had been of the Produce of the Plantations belonging to
the Crown of Great Britain, any Aft to the contrary notwithftanding.
Prize Cocoa of the Produce of foreign Plantations, imported into Great Britain,
having proper Certificates to prove the fame being Prize, ftiall be liable to no other
Duties, than what fuch Prize Cocoa was liable to pay by her Majefty's Declaration
made in Favour of the Captors of Prizes, the A<fV 10 Ann. Cap. 22. notwith-
ftanding.
All Beaver Skins, and other Furs of the Produft of the Britijh Plantations in
America, AJia, or Africa, ftiall be imported from thence diredtly into Great
Britain, and laid on Shore there, and not elfewhcre, under the Penalties, &c. in
1 2 Car. II. Cap. 1 8. in Relation toSugars, Tobacco, and other enumerated Goods.
It ftiall be lawful for any of his Majefty's Subjeds to carry Salt from any Part
of Europe to Penflvania, in Britijh Ships, navigated according to the Adt 1 2 Car.
II. Cap. 18. of Navigation.
It ftiall be lawful for any of his Majefty's Suhjedls to carry Salt from any Part
of Europe to New-Tork, in Britijh Ships, navigated according to 1 2 Car. II.
Cap. 18. in the fame Manner as Salt may be imported from Europe, into New
England dind Newfoundland, by 15 Car. II. Cap. 7.
The Aft 3 and 4 Ann. Cap. 5. fo far as it extends to the making Rice of the
Growth of his Majefty's Plantations in America, an enumerated Commodity, ftiall
be confirmed ; except as to fuch Rice as by this Aft ftiall be permitted to be
exported from Carolina, to fuch Places, and under fuch Reftriftioub, as arc
herein after appointed.
It ftudi be lawful for any of his Majefty's Subjefts, in any Ship built in Great
Britain, or belonging to his Majefty's Subjefts rcliding there, and navigated
according to Law, that ftiall clear outwards in Great Britain for Carolina, to iliip
Rict in the faid Province, and to carry the finie to any Pivt of Europe, foutliward
of Cape Finijltrre, without carrying it to any other of his Majefty's Plantations,
or to Great Britain; the Mafter, before ftie dears, outwards from Great Britain,
taking
0/ S H I P S, ^f;
$9
taking :i Licence of the Commitlioncrs of the Cuftoms, for the loading and car-
rying it from Carolina, to fonic Part oi Europe, fouthward of Cape Fintjhrre, on
n Certificate from the Collcdor and Comptroller of the Port, where fuch Licence
fliall be defired, certifying that Bond has been given with Security in looo/. if
the Ship be of lefs Burthen than loo Tons, and of 2000/. if of greater Burthen ;
that no Tobacco, Sugars, Cotton Wool, Indico, Ginger, Fuftick, or other Dying
Wood, Mola(les,Tar, Pitch, Turpentine, Hemp, Marts, Yard?. Bowfprits, Copper
Ore, Beaver Skins, or other Furs, of the Produftion of any Britijh Plantation in
America, fliall be loadcn on board fuch Ship at Carolina, or any other of his
Majefty's Plantations, unlefs for the neccfiary Provifions of fuch Ship in her
Voyage, and that fuch Ship ihall proceed diredtly with all the Rice loa '.ed on
board by Virtue of fuch Licence, to fome Port of Europe, fouthward of Cape
Finijierre, and thctc land the Rice, and proceed for Great Britain, before (he
returns to any of the Plantations ; and if the Mafter fliall not, within four Months
after his Arrival at fuch Port, produce a Certificate of having landed the faid
Rice, which Certificate is to be under the Hand and Seal of the Britijh Conful;
or, where there is no Conful, of two known Briti/h Merchants, refiding in the
Port where the Rice (hall be landed; the Bond fhall be forfeited, and may be fued
in any Court of Record in Great Britain.
Before any Rice be put on board any Ship at Carolina, by Virtue of the faid Dittos. 3
Licence, the Mafter rtiall deliver to the Collcftor of the Port, where the Ship is
to take in her Lading, the faid Licence, and a Certificate of fiich Bond having
been given in Great Britain; and fhall deliver in Writing upon Oath before the
Colledors, whether he intends to load any Rice purfuant to fuch Licence, and
to what Place.
Before the Rice fliall be fliippcd, the Pcrfon exporting it fliall make anEntty D>«oS «.
thereof with the Colleftor of the Cuftoms, and the naval Officer, and alfo with
the Comptroller, where there is fuch an Officer, and fliall take out a Cocket of
fuch Entry, and fliall, before the Rice be put on board, indorfe on the Cocket
the Quantity intended to be fliipped, mentioning the Marks, Numbers and Con-
tents of each Caflc, and fliall deliver the C6cket to the Searcher, or other Officer
appointed for the examining and fliipping thereof; and, if the Quantity fliall
appear to be greater than is indcrfed, or if any Rice fliall be put on board any
Ship, or any Hoy or Veflel, in order to be put on board, before fuch Entry,
and taking out fuch Cocket, and indorfing and delivering of the fame as aforefaid,
luch Rice fliall be forfeited, as alfo the Hoy, &c\ and the Owner of fuch Rice,
or other Perfon employed in fliipping it, fliall alfo forfeit treble the Value thereof,
&c. And, before fuch Ship fliall depart from Carolina, the Mafter fliall receive
the Licence from the CoUedtor, and Naval Officer, and Comptroller, who fliall
indorfe thereon the Marks, Numbers, and Contents of each Calk of Rice fliipped;
and the Collector, and other Officers, fliall make two Copies of fuch Licence
and Indorfcmcnt ; and the Mafter fliall, before he receives the Licence, atteft
the Copi-"- . hich are to be left with the Collector and other Officers; and the
Mafter fliall alfo, on Return of the Ship to Great Britain, deliver the Licence
to the Commiflioncrs of the Cuftoms, or to the Colledlor or Comptroller of the
Port where Bond was given; as alfo a certificate fealed by the Conful, or two
known Briti/h Merchants, at the Port where the Rice was landed, certifying the
Calks fo landed, and that they verily believe, that no Sugar, Tobacco, or other
enumerated Goods, except Rice, have been landed out of fuch Ship.
The Collcdor and other Officers in Carolina fliall tranfmit one of the Copies of u^tto S 5;
the Indorfenient to the Commiffionerf of the Cuftoms in Great Britain, and
thereupon there fliall be payable to his Majefty fo much as the half Subfidy of
the Rice fo fliipped in Carolina fliall amount to, which would have remained if
the Rice had been firft imported into Great Britain, and afterwards re-exported;
and, if it be not paid within thirty Days after Demands, the Bond ftial). be for-
feited, and the Perfons bound therein ihall pay treble Cofts.
This Aft fliall continue five Years, &c.
Ditto S. 6.
Continued
6o
4 Geo. II c.
15. Sea. I.
t)itlO S. 2
5 Gm. II. c. 9,
6 ««. II. c.
13. S. 4.
OiUoS. 5.
Ditto S. 6.
Ditto S. 7.
Ditto S. 8.
Ditto S. 13.
Ditto S. 14.
34 and 3?
//,i. VI If.
c. y S. 6.
9 (>>» 11. c.
Diio S. 5.
IViio S. 10.
Of SHIPS, ^c.
Continued hy 8 Geo. II. Cap. 19. until the 29//) 0/' September, 1742, ami to
the End of the next Scffion of Parliament, and to extend t Lit Liberty to hii
Majejlys Province o/"Georgia /';/ America, Farther continued hy the 15 and
16 Geo. II. till the \Ji June, 1747, and to the End of the then next Se/Jion of
Parliament, and farther continued hy the 2oGeo. II. until ijljuitc, i754> and
from thence to the End ofthv then next Sejion of Parliament.
It fhall be lawful to import into Ireland, from his Majefty's Plantations in
America, all Goods of the Growth or Manufadture of his Majeily's Plantations
(except Sugars, Tohacco, Cotton Wool, Indigo, Ginger, Spccklewood, or yijwj/tv;
Wood, Furtick, or other Dying Wood, Rice, Molaffcs, Beavcr-Skins, and other
Furs, Copper Ore, Pitch, Tar, Turpentine, Malts, Yards, and liowfprits) the Adl
7 and 8 Will. III. Cap. 22. notwithflanding.
Provided that the Goods be imported in Britijh Shipping, whereof the Maftcr
and three fourths of the Mariners are Britijh.
The Aft 9 ylnn. Cap. 12. and 1 Geo. I. Stat. 2. Cap. 12. which prohibit the
Importation of Hops into Ireland irom Flanders, or other Parts (other than from
Great Britain) fliall be in Force, as if the Adl 4 Geo. II. Cap. 15. had never been
made.
No Sugars, Fancies, Syrups, or MolalTes of the Growth oi America, nor any
Rum, or Spirits of America, except of the Growth of his Majcdy's Sugar Colo-
nics, fliall be imported into Ireland, but fuch only as Ihall be (hipped in Great
Britain, in Ships navigated according to Law, under the Penalty of forfeiting all
fuch Sugar, Fancies, Syrups or Molalles, Rum, or Spirits, or the Value thereof,
together with the Ship, in the which tlic fame (h.^.ll bo imported, &c.
If any Pcrfon fliall affift in landing Inch Sugar &c. in Ireland, or any of his
Majcfty's Plantations in America, or ihall receive into his Houfe or Cuftody any
fuch Commodities, knowing the fame to be imported contrary to this Adl, fuch
Perfon lliall forfeit treble the Value of fuch Goods.
If any Pcrfon fliall hinder any Cuftomhoufe or otJKr Officer in the Execution
of their Duty in feizing the Commodities aforementioned, he fliall forfeit 50/.
and be imprifoned three Months. And if any OtKccr in Ireland, or the Plan-
tations, fliall connive at the Importation of the Commodities aforementioned, he
fliall forfeit 50/. and be incapable of holding Oflice under his Majefty.
If any Mafl:er of any Ship fliall take in any Sugar, &c. to be imported into
Ireland, or any of his Majefty's Plantations contrary to this Adt, fuch Mafler
fliall forfeit 100/.
Upon all Suits for Importation of the Commodities aforementioned, the Onus
prohandi fliall lie on the Claimer.
Nothing herein Ihall icftrain the Importation of Sugars, or the Produce of
the Dominions of Spain or Portugal, from any Place, from whence fuch Sugars
might lawfully have been imported before the making of this Adl.
This Adl fliall continue five Years from the 24th oi June, 1733, and to the
End of the next Seflion of Parliament.
Continued fe-cen Tears, and to the End of next Sefion by 1 1 Geo. II. Cap. 18. and
further continued for the Term of f even I'cars, and from thence to the End of
the then next SeJ/ion of Parliament by 1 ) Geo. II.
No Pcrfon fliall caft out ofany Shipor Veffcl, within any Haven,Road, Channel
or River, flowing to any Port or Town within the King's Dominions, any Ballafl:,
Rubbifli, Gravel, or other Wreck or Filth, b:t only upon the Land above the
full Sea-Mark, upon Pain to Ibrftit 1;/.
Every Sliip which Ihall be built in Grea Hri'ain, and every Ship built in his
Majcfty's Plantation.'; in America, Ihall, upon her firil fctting out, have one com-
pleat Set of Sails, made of Cloth manuladlurcd in Great Britain, and in Cafe
lucli Sliip fliall not be fitted as aforeliiid, the M.iftcr (hall forfeit 50/.
No Perlbn (hall make into Sails or Tarpawlins any foreign Sail-Cloth imported
after the 24tb of June, 17-^1, not ftampcd; and, in L ife any Per(bn fliall make
up foreign Sail-Clotii, other than as aforefaid, fuch Sail.s and Tarpawlins (hall
be forfeited, and fuch Pcrfon (hall forfeit 20/.
This Adl fliall continue Hvc Years from the i^ihofjune, 1736, and to the
End of tiic next Seflion of Parli.iinent.
Continued
5
Of SHIPS, ^c.
Continued till the \fl o/'Junc, 1747, and until the Jaid next ScJJion of Parliament,
hy 15 lind 16 Geo. II.
Confirmed by igGe-o.II. p.457. And it is there alfo enaded, that from the 24th
-- - o( " ~" ' ■
61
of "June, \'Jiti), every Mafterof a Veflcl belonging to a Subject, navigated with,
or having any foreign-made Sails aboard, (hall at the Time of his making his
Entry at theCuftomhoufe of fuch Veffel, alfb make Entry id Report upon Oath
of all foreign-made Sails ufcd in, or being aboard fuch Veikl, and before the Vef-
fel fliall be cleared by the Officers of the Cuftoms inwards, where flie (hall dif-^
charge any of her Lading, he (hall pay the like Duties payable by an Adt of 1 2 Ann.
Every fuch Sail (hall be (lamped at the Place where the Veffel (hall make her
Entry, in Manner herein aforementioned j and if the Mailer (hall not make fuch
Entry, and pay the Duty before the Veffel (hall be cleared by the Officers of the
Cuftoms inwards, all fuch Sails (hall be forfeited, and the Mafter for every fuch
Offence (hall alfo forfeit 50/.
If the Mafter after his Report on Entry made, and before the Veffel is cleared Page 4j8,
by the Officers of the Cuftoms, (hall declare his Intention of not chufing to pay
the Duty, and (hall deliver fuch Sails to the Officer of the Port where he makes
his Entry, in fuch Cafe the S v "s are to be forfeited, and the Mafter (hall not be
liable to pay the Duty or Penalty of 50/.
Nothing herein contained (hall make Captains or Mafters of Veffels coming
from the Eaji-Indies liable to the Duties or Forfeitures aforefaid, for fuch Veffels
being navigated with, or having foreign-made Sails on board, which (hall bona
fide be brought by them frorri thence.
TheCommiffioners of the Cuftoms of Grftf/'Sn'/j/w, by the 24th oijune, 1746,
(hall provide a fufficient Number of Stamps of eight Inches Diameter for the
Stamping of foreign-made Sails, &c.
And as Doubts have arifen about the Meaning of a Claufc in the faid Aft of 9
Geo. II. by which Veffels are obliged at their firft fetting out, or being firft navi-
gated at Sea, to be furni(hed with one full and compleat Set of Sails, made of
Sail-Cloth manufadured in Great-Britain : To obviate fuch Doubts for the fu-
ture, it isenadted, that from the 2^th of yune, 1746, every Veffel which (hall
be huih'mGreat-Britain,and from the 29th of December, 1746, everyVeffel which
fhall be built in his Majefty's Plantations in America, upon her being nrft navigated,
fhall be furnifhed with one full and compleat Set of Sails (bona fide belonging to P»1S* ^^^^
fuch Veffel, &c.) made of Sail-Cloth manufactured in Great-Britain, under Pe-
nalty for every fuch Default of 50/. to be forfeited by the Mafter.
This Aft (hall continue and be in Force for feven Years, from the 24th of
fiine, 1 746, and from thence to the then next Seffion of Parliament.
If any Subjeft of this Realm (hall fliip any Salt or Rock Salt, that hath paid ; ai^ 6 wm.
the Duty, to convey it by Sea to any Part of England, and the Veffel peri(h at Sea, ^''s.^i',''" ^'
or be taken by Enemies with fuch Salt on board, fuch Perfon (hall, upon Proof
made at the Quarter Seffions for the County, ^c. wherein he doth inhabit, of
the Lofs of fuch Salt, receive from the Seffions a Certificate, and upon producing
the Certificate to any Officers of the Duty, they are to let fuch Perfons buy the
like Quantity of Salt without paying any Duty.
Where any Ship laden with Salt (hall be found hovering on the Coafts, not pro- •/*»•■ St. i.
ceeding oi^ her Voyage, it (hall be lawful for the Officers of th^ Cuftoms, or the ^"P- ^'' *"• 7-
Duty on Salt, to go on board fuch Veffels, and compel them to come into Port,
and to continue on board until the Salt be unladen, or the Ship (hall de^iart from
the Port ; and if the Perfons on board any Ship importing Salt, (hall neglefl; to
enter or unlade fuch Salt twenty Days after the fame is come inti Poit, li withfn
that Time to depart and proceed on their Voyage, unlefs permitted by the chief *
Officer of the Cuftoms to make a longer Stay, all the Salt on board fuch Ship
fhall be forfeited, and double the Value thereof to be recovered of the Mafter.
No foreign Salt (hall be imported in any Ship of lefs Burden than twenty Tui^s, Ditto, S. 8.
and in Bulk only (except for the Provifons of^the Shins) upon Pain of forfeiting
the Salt, and double the Value" to be recovered of the . erfon importing.
If any Ship laden with Salt, to be carried beyond the Seas, (hall come into any D'"". s. u.
Place in England, it (hall be lawful for the Officer of Salt to enter fuch Ship, and
there continue till the Ship unlade her Cargo, or return to Sea under the Penalty
of 20/. to be recovered of the Mafter, who fhall refufe fuch Officer to come on
R board ;
i
Of SHIPS, ^c.
Ditto, S. \y
m
t ind 3 Ann.
Cap. 14. S. I,
i •' ''.
;|f'^
Ditto, S. ;.
Ditto, S. 3.
Ditto, S. 4.
Ditto, S. 6.
Ditto, S. 10.
Ditto, S. 18
5 Ceo. r. C
■ 8. S. 18.
Ditto, S. 20
board ; and if any Ptrfon fliall unlade any of the Salt before Entry or ilc-pay-
nient of the Duty, tiic whole Cargo of Salt fhall be forf'jitcd.
Where any Salt Ihall be laid on board any Ship, either to be t'anfported beyond
the Seas, or carried Coaflwife, the OfHcer of the Cufloms (hal! in the Cockets,
(which (hall be alfo figncd by the Othccr for the Duty on Salt, ; nd ^ivcn without
Fee) exprefsthu Q^iantity of Salt j and in Cnfe fuch Ship (hall come into any
Port in f^^-^'-'vi/, it (hall be lawful for the Officers of the Cuftom;., or OtHccrs
for the faid Dui!*:?, to go on board fuch Ship, and demand a Sight of fuchCock-
ct, and in Cafe he have Caufe to fufpeft that there is not fo much Salt on board
as the Quantity exprcfl'ed in fuih Cwket (and (hall make Atiidavit thereof before
the Colleftor, or Cuftomer of the Port) to weigh all the Salt remaining on
board ; and in Cafe there (hall appear not to be (o much as the Qu^intity cxprcf-
(ed in fuch Cockct, (making Mlowance for the Wade, and for Salt delivered at
another Port, and indorlcd in the Permit) the Salt remaining (hall be fnrfeited.
No Salt of the Produce or Manufadure of Er.g/and, H'alcs, liiruiii, Scot/anJ,
or Irehind, nor any other Salt comine from Itrhind, SiotUmd, or t\\c Ijle of Man,
(hall after y?/w i, 1704, be imported into Engliiiui, pyaUs, or Berwick, upon Pain
that all the Salt fo imported, &c. Hiall be forYeit'd, and that the Ship (hall al(b
be forfeited ; and every Perfon that (liall take any S.dt out of fuch Ship, or carry
the (ixme on Shore, or convey the fame from the Shore, or be aflilling therein,
(hall forfeit 20/. or fufFer fix Months Impri(bnment.
It (hall be lawful for any of the Officers for the Duties upon Salt, within two
Months after the landing any fuch Salt, to feize the Salt, and alfo the Ship ; and
in Cafe the Owner of fuch Salt or Ship (hall not within twenty Days claim the Salt
and Ship, and give Security to anfwer the Value, the Salt and Ship (hall be fold.
Nothing in this AtS (hall extend to any Salt fliipped to be carried Coa(lwil«t
by Certificate, from one Port to another, according to former Adts.
In Cafe where Salt fhall have been (hipped to be exported, and the Ship (hall
by Strefs of Weather, Enemies, or other Neceffities, be forced into any Port in
England, it (liall be lawful for the Owner of fuch Salt, or Mafter of (uch Ship
within twenty Days to reland the Salt, fo as due Entry be made, and the Duties
again paid down for the whole Quantity that was entered to be exported before
any Part thereof be relanded.
Where any Ship (ha'l come into any Port of England from Ireland, or other
foreign Part, having on board any Salt which was taken in only for the Provifion
of the Ship, or for curing of Fifh, it (hall be lawful to land the Salt, fo as Entry
be made thereof within ten Days after coming into Port, and the Duties paid
down or fecured before any Part thereof be landed.
Where any Salt (the Duties whereof (hall have been paid or fecured) (hall be
(hipped, and perifli by the finking of the Ship, before going out of Port, and be-
fore the Exporter (hall be intitled to a Drawback : the Exporter or Proprietor of
the Salt (hail, upon Proof made before the Juftices at next Qiuirter Se(1ions, re-
ceive a Certificate of fuch Proof, and upon producing it to any Collector of the
Duties, he (hall let the Proprietor buy the like Quantity of Salt without paying
Duty.
Or if any Salt is loft at Sea by ftormy Weather, or by being thrown overboard
for the Ship's Prcfervation, the Owner thereof (liall upon Proof by the Oaths of
two (whereof the Mafter or Mate of the VefTcl to be one) receive a Certificate as
above, and be allowed to buy the like Quantity of Salt without Duty.
If any Mafter of a Ship who (hall import into Great-Britain any Salt taken in
_for the Provifions of the Ship, or for curing of Fifli, (hall not enter and pay, or
fecure the Duty for the fame, within ten Days after coming into any Port, and
before the fame be landed, the Salt fo imported (hall be forfeited, and the Mafter
or Cjwner (hall likewifc forfeit double the Value.
Every Mafter of any Vefiel, who (hall tranfport any foreign Salt from Scotland,
or any of the Iflands thereto belonging to England, or from one Port to another
in Great Bn'tain, (hall before landing or delivering fuch Salt deliver to the OfficerSi
for collefting the Duties on Salt a Particular of the Quantity, figned by the Offi-
cers of Salt and Cuftoms for the Port whence the Vdfel came, and tne Mafter,
his Mate, or Boatfwain, (haJI make Oath before the CommifTioners for the Salt
Duties, or their Officers, that to his Knowledge there hath not been taken into
the
Ik
Of SHIPS, ^c.
63
;a9
;r9
i-
\t
the Veflel any Salt fince he came from fiich Port: And ilfiidi Vcllt! he to do-
liver Part of her Salt at one Port, and Part at aiiother, the Oflkers of thi- Salt
Duties, and of the Cuftoms, where Aich Salt (hall be di-jivereil, fluill cvi tify cm the
Back of the Coclcet or Tranjire, orclle hy Certitii-.ite, ivhat (^intity of the Salt
hath been delivered, on Penalty of double the Value of the Salt oth'Mwife de-
livered, and 10J-. /liT Buihel.
It [hall be lawful for the Salt Officers at any unlading Port to po jn hoard fuch to, S. n.
VeH^jl, before the Delivery, and demand a Sij;ht of theCocktt, mil towoighthe
J'-lt upon the unlading ; and if the Salt he found to lie more in Weight than what
is jntained in the Cocket, the Surplulage flrall he forfcitnl, ant! if the iVfalter
rcfufes to flicw the Cocket, the Officer may feize the Salt, and detain it till tlic
Cocket be produced ; and if it be jiot produced in four Days, the Salt fhall be
forfeited.
The Officers of the Cuftoms, or of the Duties on Salt, may go on hoard any Vef- Ditto, s. %i
fel to fcarch if there be any Salt on board, and may I'eizc the f;ime, if it be found
on board any other VclTel than that in which fuch Salt was imported, unlel's it
had been duly entered, or the Duties paid, or fecured ; and nil fiich S.ilt fhnll be
forfeited, or the Value thereof to be recovered of the Mafter or Owner of fuch
Veflel, who Ihall likcwife be liable to all other Penalties, as if tiie fame had been
landed, without Entry or Payment of the Duties -, and every I'erfon who (hall
hinder any Officer in going on board any Ve(rel and feaichm^^, ihall forfeit 40/.
If any foreign Salt be put on Shore before Entry or the Duty paid, or without Ditto, s. 24,
a Warrant, tlie Pcrfon landing the fame, or conveying it from the Shore, or
affifting therein, (hrdl, over and above the Penalties already given, forfeit 100/.
On refliipping any Salt, Britifi or Forcigfi, from any Boat into any Ship, and Ditto, s. :j
before any Difpatches for the Salt Co rcffiippcd be granted, the MalTcr, &c. that
comes along with the Salt to be (hipped on ho;'rd another V'elVel, (hall make Oath
before the Salt Officer, that all the Salt he took in is truly rcfhippc-d,and that there
was no Salt added to it, or taken from it, to the heft of his Kmwlrdge, on Pe-
nalty of forfeiting double the Value of the Salt, that (hall be otherwife reihip-
pcd, andalfo los. per Buihd.
The throwing of Silk is not a Manufacture within the Intention of the Ad of
Navigation, 1 2 Cur. II. Cap. 1 8. and no thrown Silk of theOrowth or Produiflion
of Turkey, Perjia, Eaji-lndia, or China, or of any other Country or Place (except
only luch thrown Silk as (hall be of tb- Growth, or Produdlion of Italy, Sicily, or
of the Kingdom of Naples, and which (hall be imported in fuch Ships, and navi-
gated in fuch Manner as in the Ad: is diredcd, and brought from fomc of the
Ports cf thofe Countries, whereof the fame is of the Growth or Produdion, and
which (hall come diredly by Sea, and not otherwife) fliall he imported into
England, &C-. upon the Forfeiture of all thrown Silk imported contrary to this Ad.
The Treafurer, Comptroller, Surveyor, Clerk of the Ads, and Commiffioners
of the Navy, or one of them, on Oath of one Witneis, that his Majefty's Stores,
&c. are conveyed into any Ship, being at Anchor, and not ready to fail that
Tide, within any of the Roads, Harbours, Gfr. in his Majc(l)''s Dominions, may
authorife any Perfons by their Warrant, (in which the Qtiantity and Quality of
fuch Goods (liall be fpecified) in the Day-time to go on board fuch Ship, &c. and
in Cafe of Refiftance to break open the Hatches, &c. and fcarch for fuch Goods,
Gfr. and feize the fame for his Majcfty's Ufe, unlefs the faid Officers and Com-
miffioners fliall find, upon hearing of the Matter, th.u they were unjuilly feized,
and thereupon reftore them to the Party.
In Cafe the Ma.fter of any Ship (hall bring into this Realm from Irelaml, the
JJIe of Man, Jerje}', Guernfey, or Scilly, or any of the foreign Plan. 'at ions, any
Rogue, Vagabond, or Beggar, or any Perfon likely to live by begging, being
a Native ol any the faid Iflands or Plantations, and the Perion lb brought over
fljall be apprehended wandering and begging, or otherwife mifordering hiinfclf
as aforefaid, fuch Mafter, &c. (hall forfeit 5/. for every Rogue, Cr. . over and
above (uch Money as fliall be nccefl"ary to defray the Charges that any Conflablc
fliall be put to, by Means of apprehending and re-conveying thcPerl'on; and the
Conflable or other Oflicer of any Parifh where any Pcrfon (b brought over (hall
be found wandering and begging, or mifordering himfelf, may caufc him to be
apprelicnded
1 If,!!, and
Mr. St.lt. J.
C. y.. S. t.
I Co. I. C.
2: *^ J
I J .1-71
23. -St.
Cnp.
I. S.
64
Of SHIPS, e^f.
Ill
r
li'
Diito, S. :;.
Ditto, S. 16.
4 and
C. 11.
; Ann,
S.&.
I £ Car.
C. ji. s.
Ditto, S. 3.
Di'.to, S. 4.
Ditto, S. 5.
apprehended, and openly whipped, and after put on board any Ship, to be fet
on Shore in tlie Place from whence he was brought, paying for the Faffagc back
of fuch Perfon fuch Rate as the Juftices at their Quarter-Scflions fliall appoint ;
and in Cafe fuch Conllable, Gff. lliall upon Oath make appear before any Juftice
of Peace what E.xpence lie hath been put to upon fuch Occafion, it (hall be law-
ful for fuch Juftice by Order to dirc(f> the Payment of the Money fo expended,
as alfo of the Penalty of 5/. and in Cafe fuch Maftcr, ^c. of the Ship fnall ne-
gled to pay the Monies upon Demand, it (liall be lawful for fuch Juftice by
Warrant to levy the fame by Diftrels and Sale of the Ship, or any Goods within
the fame, while remaining witiihi tlic Jurifdidion of fuch Juftice ; and if the
Mafter or the Ship fliali be gone out of the Jiirifdi(!tion; ^c. the faid Order of
the Juftice may be removed by Certiorari into the Queen's Bench, and being filed,
the Judges are required to diredt Procefs for arrefting the Ship, and detaining
the fame, ' itil ihe Monies mentioned in fuch Order, together with the Charges
of Oicb I'ri. . *fs be fatisfied, or otherwifc to award Procefs for levying the Mo-
pf: ,' b^ i\ff'!as, feri facias, or elegit, againft the Mafter or Owners of the Ship, as
tlif^ \,o\'il ',: M think proper.
1' i .. tin Caie fuch Mafter or Owners (hall in the laid Court fliew any
proboi .; Grou • '^ Grievance by the faid Order, they may be admitted to tra-
verfe the fame, g«vj g Security in the Penalty of 50/. to anfwcr the Cofts of
fuch Traverfe, in Cafe it be determined againlt them.
All Mafte. ; of Ships bound for Ireland, the Illes of Man, "ferfey, Gucrnfey, or
Scilly, ftiall upon Warrant to them dircded of a Juftice of Peace of the County,
Gft-. where fuch Ship (hall lie, take on board fuch Vagrants as (hall be named in
the Warrant, and convey them to fuch Place in Ireland, the Ifle of Man, y^ffy*
Guernfey, or Scilly, as fuch Ship fliall be bound to, or arrive at ; and for the
Charges thereof, the Conftable, or the Perfon who ferves him with the Warrant
fliall pay him fuch Rate as the Quartcr-SelTions fliall appoint, and fuch Mafter
fliall on the Back of the Warrant (ign a Receipt for the Money, and alfo for the
Vagrants j which Warrant (hall be produced to the Juftice whoTigned the fame,
and upon his Allowance thereof under his Hand, the Money fliall be repaid by
the County ; and every Maftcr of fuch Ship, negledling to receive or tran(port
fuch Vagrants, or to endorfe fuch Receipt, fliall forfeit 5/. to be levied byDif-
trefs, or Sale of the Ship, or any Goods within the fame, by Warrant of any
Juftice of Peace for the fame County, &c.
Confirmed hy 13 CJeo. II. />. 478, and 479.
Mafters of Ships knowingly importing foreign cut Whale-Fins, or Whalc-
Bone, fliall forfeit 50/. GPr.
No Per(bn fliall export out of England, Wales, or Berwick, or from the Ifles of
Jerfcy, or Guernfey, with Sark and Alderney, (being under the Government of
Gucrnfey) or out of Ireland, into any Parts out of the Dominions aforefaid, any
Sheep, or Wool, of the Breed or Growth of England, or Ireland, or Dominion
aforefaid, or any Woolfels, Mortlings, or Shorlings, or any Yarn of Wool, or
any Wool-ftocks, Fuller's Earth, or Fulling Clay ; nor fliall pack or load upon
any Horfe, Cart or Carriage, or lay on board any Ship or VelTel any fuch Sheep,
Wool, Gff. to the Intent to export the fame.
No Wool, Woolfels, Mortlings, Shorlings, Yarn of Wool, Woolflocks,
Fullers Earth, or Fulling Clay, (hall be exported out of England, Wales, or
Ireland, unto the Ifles of Jerfey, or Guernfey, Sark, or Alderney, except as in
this Aft fliall be appointea.
All Offences aforefaid (hall be fubjeft to the Penalties following, viz. the
Sheep, Wools, ^c. (hall be forfeited, and every Offender (hall forfeit 20/. for
every Sheep, and 3^. for every Pound of Wool, Woolfels, Mortlings, Shorlings,
Yarn of Wool, Wool-Flocks, Fullers-Earth, or Fulling-Clay ; and the Owners
of the Veflcl knowing fuch Offence fhall forfeit all their Intereft in the Ships, and
the Mafter and Mariners knowing fuch Offence, and willingly afTifting thereun-
to, fliall forfeit all their Goods, and have Imprifonment three Months.
If any Perfon fhall tranfport any Sheep, Wool, (Sc. contrary to this k€c, and
be thereof convided, he fliall be difabled to require any Debt or Account of any
Faitor or others, for any Debt or Eftatc, belonging to fich Offender, provided
I that
Of SHIPS, Wc.
H
of
It of
any
nion
or
ipon
lecp,
L-ks,
or
in
the
for
ngs.
ners
and
lun-
land
lany
Idcd
lat
Every Offence contrary to this Kd may be inauircd of, heard and determined, ^ "° '■ <■•
in the Coimtry, where futh Sheep, Wool, Qf<-. mall he picked or laid on hoard,
or ill tlic County where fiich Offenders fhall be apprehended for I'uch Offence.
No Perf'on fliall be impeached for any Offence afbrefnid, vmlcls fuch Perfbn he Diito f.
profecutcd, within one Year next cnfiung futh Offence.
It (hall be lawful for any Pcrfon to feize to his own Ufc, and to the Ufc of the 0?;: f. •
Kin^;, all fuch Sheep, Wool, ^c. as he fhall difcover to be laid on hoard, in nny
Ship or Boat, or to be laid on Shore near the Sea or any navigable River, to the In-
tent to be exported; and fuch Perfon as (hall fcizc any fuch Sheep, Wool, ^c.
(hall have the Moiety thereof.
Such Pcrfon as (hall make any fuch Seizure, fliall not be admitted to give Ditto f 9.
tvidencc upon his Oath, againft any Perfon indidted by Virtue of tiiis Ad.
Every Ship or Boat, whereof any Alien born, or any natural bornSubjcds, not Ditto (. 10.
inhabiting wi'hin the Realm, (hall be Owneror Part-Owner, and wherein any Sheep,
Woo', ^c. (hall be (hipped contrary to this Adt, (hall he forfeited to the King.
This Aft (hall not extend to any Lamb-Skin ready drcfl'ed fit for Linings. Ditto f. 1 1.
This Aft (hall not extend to the Tranfporting of any fuch Woolfels, or Pelts Ditto f, n.
with Wool upon them, or to any Beds (luffed with Flocks, which (hall be em-
ployed in any Ship for nece(rary \iit, about the Ordn: or other Thing, or
for the Ufe of the Perfons in fuch Ship, and which fii ' nt le fold in foreign
Parts; nor to the Exjwrting of any Wether Sheep or of ^ Wool growing
upon any fuch, for the Food of the Company or Pa!' cers.
This Aft (hall not extend to any futh Wool to ^' e;.| >rtcd from the Port of 0i„o f_ ,,
Southampton, unto the \tit%oi ycrjey and Gtiernfty, •» 'hc^ /fc of the Inhabitants
of thote Illes, fo as fuch Perfons as (hall (hip fuch Wool \>, l^fore the Shipping,
dvlivcr unto the Cuftomer, Comptroller, Surveyo or Searcher, of the Port of
Southampton, a Writing under the Seal of the Gc ?"• . ." the fame Ifles, which
fliall exprefs that the Party is authorized to expo.i fo much Wool, expreffing
the Number of the Tods to the fame Illes, to be ufed in one of the fame Ifles, or
in fome of the Members of the fame, and that fuch Party hath entered into Bond
to his Majcfty's Ufe, for the Lading the Wool in that Ifle. And the Quantity
of Wool to be exported into the faid Ifles in one Year, to begin from the ift of
jfanuary, may not exceed the Quantity here-under fpecified, vt'z. to Jer/ey two
tnoufandTods of unkembedWool,and toGuirn/eyont: thoufandTodsof unkembed
Wool, and to Alderney two hundred Tods, and to Sark one hundred Tods, every
Tod not exceeding thirty-two Pounds.
Conjirmedby 13 Car. II. Cap. 14. And granted that one thou/and Tods fir Cxxtrn-
fey, tivo thoufandfor ]cr(ty, two hundred fir Alderney, and one hundred for
Satk, may ie exported more than by this ASl, by that of i Will. d«</ Mary,
S. I. c, 32. 5. 14.
No Wool (hall be (hipped from Ire/and, but from Dublin, Waterford, Tougball, 1 mil. and
Kingsak, Cork, and Drogheda. ^'"■- St. c
If any Owner of any Ship, or iny Mafter or Mariner, knowing of the Expor- '* ^'
tation of any Sheeps-Wool, Woolfels, Mortlings, Shorlines, Yarn of Wool, Wool- '^'"'' ^' *•
Flocks, Fullers-Earth, FuUing-Clay, or Tobacco-pipe Clay, contrary to the Afts,
fhall within three Months after the Knowledge thereof, or after his Return into
England, Ireland, Berwick, or Wales, give the firft Information before any of the
Barons of the Exchequer in England or Ireland, or before the Head-Officer of any
Port where he (hall nrfl arrive, upon Oath, of the Number and Quantity of fuch
Shceps-Wool, Woolfels, Qfc. fo exported, and by whom, where, ana in what Ship,
4nd mall be ready, upon Warning by Procefs, to juftify the fame; fuch Owners,
Mafter, or Mariners, (hall not be liable to any of the Penalties.
Continued indefinitely by y y^WX. III. Cap. 28. which is continued indefinitely, by
9 Will. III. Cap. 40.
The Aft I Will, and M/r. Cap. 32. (hall continue. rand %tviii.
It ihall be lawful for any Perfon from the Places m the faid Aft limited, to f" ^- =*•
import into England from Ireland, any Q^ntities of Wool, to the Ports hereafter ' '"
mentioned, viz. Whitehaven, Liverpool, Chejler, Brifiol, Bridgwater, Minehead, '''"° ^' ^'
Barnfiable, and Biddefird, and to no other.
s
All
'HI
66
Diiio f. 7.
Pitta C 8.
0/ SHIPS,
irc.
Ditto f, ic.
Ditto r, 14.
10 and I I
«-,/; III. c.
10. 1' I.
Fiito r. X.
Ditto r. 4.
Dit;o f. 5.
Ditto (. IS.
Ditto r, 14.
All Cfitificatcs given for the l.iiuiing ofWot)! from IrcLuiJ, or fiomoiu- Port
to another in Eng^hvul, (liiill be written ii|><)n I'lipcr, not I'arLhni'.nt, and the
Quantities fliall not lie oMiterateil or intcrlnieil.
No Ship (hall export any Wool, or any other of the Commodities aforefaid,
under r'ort'eit .re ol tlie Commodities and VciUl, and treliL- the Value, with
treble Coftsj and the Inli.diitants of the Hundred, I'ort or PI.ic.- exempt, next
adjoining to the Sea Coafts, out of, or throuj,'h which, any Wool, or other of the
Commodities aforefaid, (Ivdl be fo exported, (liall forfeit 20/. iftheWoolbc
iindtr the V.lue of 10/. but if it be of greater Value, then treble the Value thereof
foexporteil, as abo treble- Cofts.
All Perfons who (hall be adilling in carrying or exporting any of the (iiid Com-
modities out of this Realm (being eonvidtcd) (h.dl liirtl-r three Years Imprifon-
meni, and the Owner of the Wool, &c. anil every Per'on a Iilling ni canymg or
exporting of them, (h.\ll anfwcr treble the Vahie of UkIi Penalties, which (uch
Inli.'.bitant.s .'hall be fo charged with, as alfo treble Co(l>.
For prevcniing the Exportation of Wool, (3c. the Comniifiloncrs for executing
the Orticc of Lord High Admird, fliall appoint one Ship of the fifth Rate, and
two Ships of the fixth Rate, and four ameti Sloops, conll.uitly to cruize olFthc
Norll> Fo<cliinJ to the Ijk of h^igit, with Orders for fei/ing all Vellels which
(hall export Wool, ffff.
Cuntiniicd iiuli'Jimtely f>y 9 Will. III. Cap. 40.
No Perlbn (liall export from Li/tinJ into any Places, other than the Pahts within
EngLviJ or jyahs, any Wool, Woolfels, Sliorlings, Mortlings, Wool-Flocks,
Worfted, Bay, or Woolen Yarn, Cloth, Serge, Bays, Kcrfeys, Says, Frizes, Drug-
gets, Cloth Serges, Shalloons, or any other Drapery Stuffs or Woollen Manufac-
tures, m;ide up or mixed with Wool, or Wool-Flocks, or (hall load upon any
Horlc or Carriage, or lay on board any Ship in any Place oi It eland, any fuch
Wool, £jfr. to the Intent to export the fame, except as aforefaid.
All Offenders aforefiiid fliall be fubjcft to the Penalties following, viz. the
Wool, Gff. fball be forfeited, and the Offenders fliall forfeit 500/. ancT every Ship
or Bottom, w herein any of the faid Commodities (hall be (hipped, or laid on
board, fliall be forfeited ; and the Mafler and Mariners, or any Porters, or other
Perfons, knowing fuch Oficncc and afTifling therein, fliall forfeit 40/.
It fhidl be lawful for any Perfon to feize and convey to his Majefly's next
Warchoufe, all fuch Wool, &c. as he fhall dillover to be laid on board any Ships;
and it fhall be lawful for any Perfon to feize every fuch Ship, wherein any of the
faid Commodities fhall be (hipped contrary to this Ad.
For every Ship which iliall (ail from /;WrtW, in order to export any of the Com-
moditief aforefaid to this Kingdom, Bond fliall be given by two known Inhabi-
tants of or near the Place, to the chief Officers of the Cuftoms belonging to the
Port in Ireland, in double the Value of the Goods, before the Ship fhall be per-
mitted to lade any of the Commodities aforefaid, with Condition, that if the Ship
ihail take on board any of the faid Goods in Ireland, ;dl the faid Goods fhall be
brought by the fame Ship to fome Port in England or Wales, and fhall there unlade
the fame, and pay the Du'.ies thereof (the Danger of the Seas excepted) and
every Ship which fhall lad; any of the faid Coods, until fuch Bond be given, fhall
be forfeited as aforefaid.
All luch Goods, exported from Ireland into this Kingdom or JVales, fliall be
fhipped of}' at the Ports ofDul/in, IVaterford, Toughall, Kingsale, Cork, and Drog-
heda, and from no other Pon , nor fliall be imported into any PatIs of England
or iV.iles, other than Biddeford, Barnjlable, Minelead, Bridgwater, Brijiol, Milford~
Haven, Cheffer, and Liverpoole.
See I Will, and Mar. S(. i. Cap. 32. Se^. 6. and 7. and 8 Will. III. Cap. 28.
Se^l. 5.
It fhall be lawful to import from any of the aforefaid Ports in Ireland, any Wool,
&c\ into fuch Ports of this Kingdom as aforefaid, fo as Notice be firft given to the
Commiffioners of his Majefly's Cuftoms in this Kingdom, or to theCuftomeror
Colledlor, in the Ports to which the fame is to be brought, of the Quantity,
Quality, and Package, with the Marks and Numbers thereof, the Name of the
Ship and Mafler, and the Port to which they are into be imported, and fo as Bond
I be
Of SHIPS, Wc.
«7
be flirt cnfcifii into, to the V-' of hi« Majclly, with one or more Sureties, in
treMc the Value ol the Cloods, at tlic (iiinc (lull (Dangers nt' the Sens cxct|'tiil)
he IjMilcil fliroiiiiiigly, ami lb ;i^ a I-iitncu W Hrlt taitcn, under the llujils of
the Cnmniiliioiicrs of the Cudonis, or frDin the OuIIdhkt or Colkdor, whrre
fuch Uond is [•iven for tlic L iniiing thereof, wiiith Licence they art to gr:int
withiHit Tec.
All Wdol, Sliips. or Hoats fo feizeJ, (lull be forfeited, and ftitli Wool fliall f^''" f- '7-
be lodged in iIk- King s W arehoufe, in Uich Port where it (h ill he fei/ed, or
into which it ihall hi hrouglit, and, being i<iiidenincd, (hall he cxpoled puli-
lickly to Sale aiti.'r twenty-one Days Notiee bein;^ jjivcn in Writing at the
C'ulh)n\houre of the Port, and on the RoyaJ- E\\J.<iingc of London, by Ineh of
t'andle to the heft Bidder; and all Ships that llull be condemned as aforefaid,
ihall he expofeil toS.de in like Manner, Gfc.
No Wool, &f. of the I'rodud or Manufacture of any of the EngUjh Plantations pj.^, f
in /{meiinh (hall he laden on hoard any Ship, in any of the Kngiijh Plantations;
as likewile no fueh W(«)l, ^c. being of the Produd or Manufadure of the r.nglijh
Plantations in Amnkii, (hall be loaden upon any Horlc or Carriage, to the Intent
to be exported, or conveyed out of the laid Plantations to any other of the faid
Plantations, or to any other Plate, upon the like Penalties upon every Offender,
as are provided by this Adl for the like Offences in Ireland, fccc.
Perlons who (hall be guilty of any Offence, contrary to any Adl of Parliament Ditto C ao.
made for preventin!'; the Exportation of Wool, may be pi'letuted in any of his
Majefty's Courts at H''eJ{minJttr, and n Qifiaj (hall ilUie the hill Piottfs, Ipeiifying
the Sum of the Peii:dty, und futh Perlons ihall give good Bail, by natural born
Subjtdts or Denizens, to appear in the Couri at the Return of fueh Writ, and
(liall likcwife give Bail by luth Perlons as afoieiaid, in Court, to aiil'wer the
Penalties in Cafe they he convidl, or to yield their Bodies to Prilbn.
All Adlion.s and Inlormaticns which (hall he prolet uted, by Virtue of any Ad*^, j Cri. r, c.
for preventing the Exportation of Wool, or Woollen Manuh'cVurcs from Ireland, "• ' 5*
flull he trieii in aii) ot the four Courts at Duilin, by a Jury of Freeholders, to
he (iinimuiied out of any other County, than that wherein the F^adl was com-
mitted} and the firrt three who have been aflilUng in exporting of Wool or
Woollen Cuminodities, who (hall inform any Juftice ot Peace thereof, whereby
the Puniflunent may be intlidted, fuch Difcovercr (not being the Owner or Pirt-
Owner thereof) (hall not fufftr any of the Punifliment.
If any Perlon (hall be in Prifon for Want of Bail, for unlawful Exportation 4 Cut. t. c.
of Wool or Woolfels, and fliall refufe to appear, or plead to a Declaration or "
Information delivered to futh Perlon, or to the Goaler, or Turnkey, by the
Spocc, wf one Teini, Judgment fliall be entered againft him by Default; and,
ill Ca/c J\jdginent be obtained againft any fuch Penon, and he (hall not pay the
Sum recovered, within three Months alter entering up of fuch Judgment, the
Court (liall, by Order, caufc fuch Offender to be tranfported in the fame Manner
as Felons, for ftven Years; and, if fuch Offender (hall return into Great Bniain
or Ire/and, before the Expiration of the fcven Years, he fliall fuffer as a Felon
without Benefit of Clergy.
The like Provilion made for preventing the Exportation of Wool, in i fVi//. ? Oi:
ind Mar. St. i. C^p. 32. is dire^ied to extend to Woolfels, Mortlings, Shorlings, "•
Yarn of Wool, Wool-Flocks, Fullers-Earth, Fulling-Clay, and Tobacco-Pipc
Clay, carried Coaftwife.
All fuch Wool, and other the Commodities mentioned in 10 and 1 1 ff^i//. 3. p.
Gap. 10. which fliall be carried or laid on Shore near the Sea, or any navigable '"" '
River, to the Intent to be exported out of Ire/and, contrary to tliat Adl, (hall be
forfeited, and the Offender fliall be liable to the like Penalties, as Perlons by
that Adl are fubjedl to for exporting of Wool, C^c.
The Coinmillioners for executing the Oflice of Lord High Admiral of Great
Britain, fliall appoint three Ships ot the fixth Rate, and eight, or more, armed
'iloops, tonflantly to cruize on the Coaft of Great Britain and Ire/and, with
Oixicrs for feizing all Veffels in which any Worllcd, Bay or Woollen Yarn, or
an^- Dr.'jiery Stuffs, or Woollen Manufadlures, made up or mixed with Wool or
W uol-Flocks, fliall be exported or laden from Ire/and into foreign Parts, £ift-.
See
f. 6.
I.
'4'
5 Ct. II.
:i. f. I.
■:--,-rji-
69
0/ S H I P S, (^,
Ditto r. I.
Ditto r. ].
Ditto f. 7.
1 1 Gi:
II.
i|
' . , 1
16 Cm. II.
T- 439-
- ^'
.9rf 10 (inii 1 1 Will. HI. Cttp. 10. 5a7. 16.
It lluU be liiwful lor the Comtnandcr of every fiich Ship anil .Sloop, within the
Limit.s of the Station alVigncii to fiichShiporSloup, to enter and fcarthany Ve(rcl>
and, if any of the laid prohibited CominmiiticK be found therein, and the M.iftcr
of fuch Vellcl (hall not iininediatcly produce a CtK'kct or W.»rrant, licenfing the
Exportation thereof, to feize fuch Vertcl, and to carry the fame with the Crew
antl Cargo into any Fort in Great Britain or Irtland.
Every fuch VclVel, and all the faid prohibited Commodities found therein,
fhall be forfeited, and the faid prohibited Coinmoditier, ftiall be lodged in the
King's Warchoul'c, in tuch Port into which fuch Vdfel (hall be carried, until it
be condemned i and, being condc.uned, (hall be expofed to Sale after twenty-
one Days Notice ' Writing, affixed upon the Curtomhoufc of the Port, by Inch
of Candle, to thr bcft Bidder! and every fuch Vcflcl ftiall, after Ccndcmnation,
be expoled to Sale in like Manner, (Sc.
This kiX thall not make void any other Penalties infliiflcd by any former Law
upon the Exportation of Wool and Woollen Manufadures.
All Wool, and WcwUen or Bay Yarn, Woolfcls, Shorlings, Mortlings, Wool-
Flocks, Worfted, Yarn, Cloth, Serge, Bays, Kcrfies, Says, Frizes, Druggets,
Cloth Serges, Shalloon \ Stuffs, and other Draperies and Woollen Manufadtures,
ormixed with Wool, or Wool- Flocks.which (hail be exported ixon\lretand afterthe
ift of May, 1740, into the Ports of this Kingdom hereafter mentioned, ftiall be
flipped off, and entered at the Ports of £)ttfl//>», fVaterford, Toughall, Kingsale,
Cork, Drogbeda, New RoJ't, Ne-wry, tVexJ'ord, M^ickhw, Sligoe, Litnfrick, Ga/way,
and Dunda/k, in the faid Kingdom of Ireland, and from no other Port or Place;
nor (hall the fame be imported into any Parts of this Kingdom, other than the
Ports of Biddejord, Barn/lapU, MineSead, Bridgewater, Bri/lo/, Mi//'ord- Haven,
CAeJier, und Liverpooli; in the fame Manner as if the faid Ports ofNewry, Wexford,
Wicklo-w, Sligoe, Limerick, Ga/way, and Dunda/k, had been particulaily named
for Exportation of the faid Goods, in the AA 10 and 1 1 Wi/l. III. intitlcd, ^n
A£i to prevent the Exportation of IVoo/ out of t/x Kingdom a/'Ircland <m(/ England,
and for other Purpofes therein mentioned.
Sec the faid Ad, Setft. 10.
By this Adt Wool, 6cc. under the Reftridlion of the above Adl, may be exported
from any Port of Ire/and into any Port of Eng/and.
Afterthe ii\.\i of December, 1739, no Wool, or any of the faid Goods, (hall
be loaden on board any Ship or Boat in Irt/and, or imported from thence into
this Kingdom, but in fuch VelTelt or Boats as (hall be of tne Built of Great Britain
or Ire/and, and wholly owned and manned by the Subjcdts of this Kingdom or
Ire/and, and duly regiftcred in the Manner hereafter mentioned, under the Pe-
nalty of the Forfeiture of the faid Goods, or the Value thereof, and of the VelTel
or Boat in which the fame (hall be laden, together with all her Ammunition and
Furniture.
After the 25th of December, 1739, no Ship or VcfTel (hall pafs as a Ship of
the Built of Great Britain or Ireland, fo as to be qualified to take on board in any
of the Ports of Ire/and, appointed for that Purpofe, any Wool, or other the Species
before-mentioned, in order to import the fame into the Ports of Great Britain,
in this Adl appointed for that Purpofe, until the Perfons claiming Property in the
faid Ship (haJl regifler the fame as followeth, viz. Proof (hall be made upon the
Oath (or Affirmation, in Cafe the Perfon be a Quaker) of one or more of the
Owners, before the CoUedlor and Comptroller of tEe Cuftoms, in fuch Port of
Great Britain or Ire/and refpedtively, to which fuch Veffel (hall belong ; which
Oath or Affirmation the faid Officers arc authorized to adminifler in the Tenor
following :
T A. B. do make Oath (or being a Sluaker, dofolemnly affirm) that the Ship
"* of whereo/'
is at prefent Majier being built of
Tons, was built at in ti>e Year and that
of and of are at
prefent Owners thereof ; and that no Foreigner, direHly orindireBly, hath any Share,
Part, or Interejl therein,
A Certificate
0/ S H I P S, ^c.
A Certificate of which Oath or Aftirmatlon, attedcd bv the Colledlor or Coinp*
troller of the Cuftoms, who ailtninillercd tlic fame, under their Hands .ind Seals,
fhall, after having been rcgiftctcd by them, be delivered to the Maftcr of the
Ship for the Security of her Navigation, a Duplicate of which Regillcr (hall b«
6s,
!»
trtnfmitted to the Commiflloncrs of the Cuftoms in the Vottof Lmdon, to
entered in the general Regiftcr, to be there kept by them for this Purpofc.
No Ship'* Name rcgiftered (hall he afterwards changed, without regiAcring fuch ?•
Ship again f which is Ukewifc to be done uport any Transfer of Property to aiiuthcr
Port) and deliverinff up the former Certiticate to be cancelled, under the fume
Penalties, and in the like Method as is before dircdcd : And in Cafe of any
Alteration of Property, in the fame Port, by the Sale of one or more Shares in
any Ship, after rcgirtering thereof, fUch Sale fhall always be acknowledged by
Endorfement on the Certificate of the Regiftcr before two Witneflcs, to prove
that the entire Property of fuch Ship remains to foiJie of the Subjects of Gre^
Britain or Ireland, if any Di^iute arifes concerning the fame.
After the faid 25th of Decetnier, 1739, no Coverlids, Waddings, or other
Manufaftures, or pretended Manufadlures, made of Wool, flightly Pitched or put
together, fo as the fame may be reduced to, and made Ufc of as Wool again,
or Mattrefles, or Beds ftuffed with combed Wool, or Wool fit for combing,
rtiall be exported from Great Britain or Ireland, to Parts beyond the Seas, u. Jer
the like Penalties, which are by Law inflidtcd on Pcrfons concerned !• . the
Exportation of Wool.
No Wool, Woolfels, Mortlings, Shorlings, Wool-Flocks, Worfted, Bay, or p
Woollen Yarn, (hall be packed up in Great Britain ox Ireland, in any Box, Chcft,
or other Package, but in Packs, or Truflcs of Leather or Canvas, communly
called Packclotb; and all fuch Packii or TrulTes (hall be marked on the*Otttlfee,
with the refpefllvt: Words WOOL, or YARN, in large Letters, not left than
three Inches in Length, under the Forfeiture of all (uch Wool, or other the
Goods afbrefaid, with the Packagci and 3/. for every Pound Weight thereof, to
be paid by the Owner or Packer.
No Wool, Woolfels, dc. Crewel, or Wool (lightly manufadliircd as aforefaid,
(hall, after the faid 25th of December, 1739, be put on board any Ship or Boat,
bound to Parts beyond the Seas, or dial! be laden in order to be carried coaftwifci
or from one Port of Great Britain or Ireland to another, unlefs Notice be firll
givn to the Commi(rioners of the Cuftoms, or the Colle^or and Cohiptroller of
the Port, from which the fame is intended to be exported, of the Quantity,
IQuality, and Package, together with the Marks and Numbers thereof with
the Name of the Ship and Mafter, on which the faid Goods are to be lad^n, as
likewife the Names of the Owners of the faid Goods, and the Pkces of their Abode,
and the Port into which the fame arc intended to be imported, and to whom con-
figned; and, unlefs Bond be firft entered into, to the Ufe of his Majefty,with one or
more fufficicnt Securities, in treble the Value of the Goods intended to be carried
coaftwife, that the fame (hall fthe Danger of the Seas excepted) be landed ac-
cordingly. Notice whereof (hall be fortnwith tranfmitted by the,ColledtQ(kand
Comptroller of the Port, from whcii - »he fame (hall be exported, to thcColledt-
' and Comptroller of the Port, to which the fame is intended to be imported, and
1, !try made in the Manner required by this or any other Ad; and, unle(s aLicence
be alfo firft taken under the Hands of the Commiflioncrs of the Cuftoms, or any p
three of them, or from the Colleiftor and Comptroller where fuch Bond is given,
as aforefaid, which Licence they arc to grant without any Charge to the tit(on
demanding the famej and all fuch Bonds, fo entered into as aforcnaid, fhili not
be difchui^cd, but by producing a Certificate under the Hand and iJeal of the
Colledor and Comptroller Of the Port in Great Britain or Irtiond, where fuch
Goods were landed, fetting forth the Quantity, Quality, and Package, together
with the Marks and Numbers thereof, with the Name of ths -hip and Maftrr
out of which fuch Goods were landed; and all fuch Bonds as (h.ill remain undif-
chargcd after fix Months, ftlall be tranlmitted to the Con-imiflioners of the
Cuftoms in Great Britain, or the Commi(rioners of the Revenue in Ireland, who
are to put them in Suit immediately: And if any Wool, Woolfeh, Qfr. Crewels,
or Wool (lightly manitfadturcd, (lull be Inden on board r.ny VeflTel or Boat to be
carried coaftwili.-, or Innn one Port to another, before Inch Bond entered into, and
T Licence
44«-
•4
44*.
44».
1!
i
p5f
;*■
■ ,■'
70
0/ SHIPS, ^c.
»li:.^l'
p. 44*.
p. 450.
; Gn. II.
Licence taken out, as aforefaid, and before all tlie IXrc^flions of this and cvcrj
other Adt, made to prevent the Traufportation of any of the Goods aforefaid,
fliall be fully complied with, fo far as the fame relate to tlie Exjjorter or Pro-
prietor of fuch Goods; or if any of the ilud Goods ihall be laden on board any
VelTel or Boat, bound to Parts beyond the Seas, then all fuch Goods, or the Value,
fhall be forfeited, together with the Velfel or Boat, and all her Ammunition and
Furniture.
Nothing herein contained fhall extend to alter or leflcn any other Security now
required by Law for Goods carried coaftwife, or to repeal any L aw now in Tarce,
made to prevent the Exportation of Wool, or any the Commodities aforefaid.
After the 25th oi Deceml>ei\ ijyj, if the M.\ftcr of any Veflel employed in tlic
clandeftine Exporting from Great Britain or Ireluiui to '/arts beyond the Seas,
any Wool or otner Goods before mentioned, or in the clandeftine importing from
Ireland, any Woollen Cloth, Serges, Bays, or any other Drapery Stulis or Woollen
Ivfanufaftures, made and manufadtured in Ireland; or if the Mate, or any of the
Mariners fliall give an Account ii. fix Months after Shipping or Exporting
any of the Goods before-mentioned, to the Commiflioners of the Cultoms in
England or Scotland, or the Commiffioners of the Revenue in Ireland, refpeflively,
of the Name of the Ship, and theSpecies, and Quantities of fuch Goods, fo clan-
deftinely exported or fhipped for Exportation, together with the Names of the
Owners, or Perfons who adt in their Aid and Alfiftance, fo as they may be pro-
fecuted and convidled for fuch Offence; fuch Mafter, Mate, or Mariner, fliall not
only be indemnified for fo doing, but fliall be acquitted and difcharged from any
Penalties they are by Law fubjedl to for fuch Offence, and fhall alio receive
three-fourth Parts of the Forfeitures, clear of Charges, Gff.
If any Officer, or other Perlbn that fhall adt in Aid of any Officer, in putting
this Adl in Execution, fhall be obflruded, wounded, or beaten, in feizing any
Wool, &c. either in the Day or Night Time, by Land or Water, the Perfons who
fliall fo obftrudt, &c. or any Perfon who, being armed with offenfive Weapons,
or wearing any Mafk or other Difguife, fhall refcue, or attempt to rcfcuc, any of
the Goods aforefaid, which lliall be feized by any Officer, and fhall be convidted
of any of the faid Offences, fhall be tranfported to fbme of the Planta-
tions in America, for fuch Term as the Court, before whom fuch Offenders fhall
be convidted, fhall think fit, not exceeding (even Years, in the fame Manner as by
the Adl 4 Geo. I. For the further preventing Robbery, Burglary, and other Felonies^
&c. and by another Adl i Geo. I. for the preventing Robbery and other Felonies, and
for the more eff'eSlual Tranfportation of Felons, the Offenders therein mentioned .re
to be tranfported to the faid Plantations; and, if any fuch Offenders ihall return
to Great Britain or Ireland, before the Expiration of the Time for whicli they
fhall be tranfported, they fliall fuffer as Felons, without the Benefit of Clergy.
No Coffpe fhall be put on board any Ship in any of his Majefly's Plantations in
America, until the Planter or his known Agent fhall make Oath, or Affirmation,
before two Juflices of Peace, that the fame is of the Growth of fuch Planter's Plan-
tation, which Oath, ^c. fliall be produced to the Colledlor, Comptroller, and
NavH Officer, by the Perfon who fhall enter fuch Coffee; and fuch Perfons fliall
likewife make Oath, or Affirmation, before the ("aid Officers, that the Coffee then
to be fhipped is the fame that is mentioned in fuch Cith, &c. of the Planter;
and the Colledlor, and Comptroller, and Naval Officer, are required to deliver a
(tificate of fuch Affidavit to the Commander of fuch Ship, on board which tlie
faid Coffee is to be fhipped, and the Mafter of fuch Ship fliall, before clearing his
Ship, alfo make Oath, that he has received fuch Coffee on board, and that !»'•. has
no other Coffee on board than fuch, for wliich Proofs fhall be made as aforefaid,
and that he will not take any more Coffee on board before his Arrival in Great
Britain, and making a Report of his Lading there; for which Afhdavit and Cer-
tificate, the Colledlor, and Comptroller, or Naval Of!;cer, fhall receive ks. and sfl
Certificaics of fuch Affidavit fliall, by the Commander of fuch Ship, be produced
to the Colledlor and Comptroller of the Cuftoms, at the Port where fuch Ship
fhall unlade, and the Mauer fhall deliver to fuch Colledlor and Comptroller, a
Certificate of the Colledlor and Comptroller of the Cuftoms, and Naval Officer
of the Place, where fuch Coffee fliall have been fliipped, or any two of them,
tcrtifying
tcfti
flial
ofe
Cof
his
boai
Cof
or
Mii
Of S H I P S, ^f.
n
tcftifying the particular Quantities of fuch Coffee, and of Which fuch Proofs
rtiall be made, fpecifying the Package, with the Marks, Numbers, and Weights
of each Package ; and the Mailer fhall likewife make Oath, or afiinn, that the
Coffee in the Certificate was taken on board as in the Certificate, nild that after
his Departure he did not take on board any Coffee, and that all the Coffee on
board his Ship is mentioned in the faid Cerificate j and upon Entry of fuch
Coffee at the Cuflom-houfe, and paying or fecuring the Duties, a Mark fhall
be fet on every Parcel ; and thereupon fuch Coffee fliall be lodged in a Ware-
houfc, and the Importer fhall deliver to the Collector the Certificate of the
Affidavit of the Growth of the Coffee, together with the Oath, and the Oath, '-22
or a Copy thereof, made by the Planter ; as alfo the Certificate of the Package,
Marks, and Numbers of the Coffee.
No Commander of any Ship fliall take in at America or at Sea, or fhall land in Ditto f. 4.
any of the faid Plantations, any Coffee of the Growth of any foreign Country,
except fuch as fhall be exported from Great-'Britain, on Pain of forfeiting fuch
Coffte and 200/. and likewife twelve Months Imprifonment.
If any Peribn fhall fallely make Oath or Affirmation, by this Aft direded, and Ditto f. 5.
thereof be convidted, Gfc. fuch Perfon fhall forfeit zoo/, and be imprifoned twelve
Months J and if any Perfon (hall forge a Certificate of the (aid Oath or Affirma-
tion, or (hall publifli fuch Certificate, knowing the fame to be forged, and be
convidted in any of liis Majefly's Courts, fuch Perfon (hall forfeit 2co/.
This Adt fliall continue to the 25th of March, 1739, and to the End of next Ditto f c.
Seflion of Parliament.
Farther continued for /even Tears, and to the End of next SeJJion tf Parliament by
II Geo. II. Cap. I'A. farther continued for feven Tears, and to the End rf the
next SeJJion of Parliament by ^<) Geo. II. i^. 412. farther continued by 25 Geo-
II. to 25 March, 1758 ; and farther by 32 Geo. II. till 2^ June, 1766, ajid
to the End of the then next Sejion of Parliament.
EnaSled, that the Ada 12, 15, and 25 Car. H. fo far as the fame extend to Su- > » <3«. 11.
garof the Growth and Produce of his Majefly's Plantations in America, being one ^'P'' 55*'
of the Commodities enumerated in the faid Adls, (hall be ratified and confirmed
in all Refpedls whatfoever, except only as to fuch Sugars as by this Aft fliall be
permitted to be exported from the faid Sugar Colonies, by fuch Pcrfons, in fuch
iJhips, to fuch foreign Countries, and under fuch Regulations as are herain de-
fcribed and appointed for that Purpole.
After 29 September, 1739, any of hir Majefly's Subjcdls, inatiy VeiTel built in
Great-Britain, and navigated according to Law, and belonging to any of his Ma-
jefly's Subieft-^, of which the major Part (hall be refiding in Great-Britain, and the
Refidu* reiiding either in Great-Britain or fome of the (aid Sugar Colonies, and not
elfewhere, that (hall clear outwards in any Port oi Great-Britain for any of the faid
Colonies, may load in the faid Colonics any Sugars of the Growth and Manufac-
ture of the faid Colonics, and may carry the fame to any foreign Part of Europe,
provided a Licence be firfl taken out for that Purpofe, under the Hands of th«
Comrniffioners of theCulloms axLondor or Edinburgh, fubjcdt to the Regnlations,
and on the Conditions hereafter mentioned, viz. that Notice be firfl given by the
Maftcr in Writing, or one of the Owners of fuch Veffel, to the Collector and
Comptrf Her of the Port where fuch Veffel happens to be, of the Intention of iuch
Maflt Owner, that fuch Ship fhall proceed to fome of the faid Sugar Colonies
to lade Sugars to be carried to fome other Part oi Europe than Great-Britain; and that
(iich Mafler or Owner (hall enter into Bond, to the \J(c of hisMajefly, with one of p- m-
more fufficient Securities, in the Sum of 1 000/. if the Ship be of lefs Burthen than
100 Tons ; and in the Sum of 2000/. if (he be of that, or greater Turthcn, witli
Condition, that in Cafe a Licence be granted to carry Sugars from the Hiid
Sugar Colonies to foreign Parts, fuchShip fliall proceed from Great-Britain to the
laid Colonies, and (hall deliver the Licence to the Naval Officer there, in Cafe he
intends to make Ufe of the Liberty granted by fuoh Licence, which he Audi de-
clare ill writing to the Naval Officer before he takes any Goods on board ; and that
in fuch Cafe no Tobacco, Melajes, Ginger, Cotton-lVool, Indigo, Fuji id, or other
dying Wood, Tar, Pitch, Turpentine, Hemp, Majls, Tards, Bow/prifs, CopperOre,
Beo'jer Skins, or other Furs, of the Growth and Manufaftute of any Britifi Plan-
tation
W.
w-
11
')%
7i
0/ s H 1 r s, ^c.
It: ■■ '.'i
P 5J5-
p. 556.
P 557-
tation in jDnerica, (hall be taken on board Auh SHip, unlefs for the neccfliiry Pro-
vifions in her Voyage; and that fuch Ship before fhc proceeds to any foreign Port
ihall touch at fomePort inGreat-Britairii and that theMafter or Commander fhall
deliver to the Colleilor and Comptroller of fuch Pprt a new Manifeft, attefted up-
on Oath (or if a Quaker by Affirmation) of tho Lading, mentioning the Marks,
Numbers Package and Contents of all the Goods on board ; and fliall alfo bring
back the faid Licence, with a Certificate endorfed or aflixed thereto, containing
an Account of the Marks, Numbers, Package, Contents, and Sbrts of Sugars on
board fuch Ship, in the Manner hereafter diredcd j and that when fuch Ship hath
difcharged her Lading (the Danger of the SeaS and Enemies ejtcepted) (he /hall
return to Great-Britain within eight Months after flie has delivered her Lading
in any foreign Part, and before uie returns to any of the Plantations in Jlmcrica ;
and that in Cafe fuch Veflel Hiould take on board any Merchandizes before her
Return to Grea'-Britain, all fuch Merchandize* that (hall remain on board the
(aid Ship on her Arrival in Greet-Britain (hall be entered and landed, in like
Manner as other Ships importing Goods into this Kingdom are obliged to do by
the Laws of the Cuftoms, or otherwife fuch Bond (hall be forfeited.
Upon fuch Bond being entered into, and the other Requifites being duly com-
plied with, aLicence (hall be granted accordingly, givingLiberty, for thatVoyaj"-
only, to carry Sugars of the Growth of the ("aid Sugar Colonies to any foreign
Part, in th e Manner and according to the Intention of this Aft ; but no Ship (hall
have Licence to carry Sugars to foreign Parts, unleis it firft appear by Oath (or
Affirmation) of the Maftcr, that the Property thereof is in his Majerty's Subjefts,
of which the major Part are re(iding in Great-Britain, and the Relidue either in
Great-Britain or in fome of the faid Sugar Colonies, and not elfevvhere ; (uch
Oath or Affirmation to be in the Form hereafter mentioned, viz.
A "D maketh Oath for folemnly declares and affirms) that the (Ship or Veffel)
'*^* ■'-'• called the (ISfame) whereof be (this Deponent or Affirmant) is Mailer ^
and hath the Charge and Command for this prefent Voyage to (Place bound to) being
(defcribe the built) (Ship or VeffilJ of the Burthen of ^umhtr) Tons, was built at
(Place) in the Tear (t.'me when) and that the faid (Ship or Veffel) is -wholly owned
by the fPerfon or PerfonsJ whofe (Name or Names) and ufual (Place or Places) of
Abcdc (is or are) undermentioned and defcribed by this Deponent or Affirmant ; that
fuch (Owner or Owners) (is or are) hisMajeJly's W\i\0:i(Subjeil or SubjeSls) and that
no Foreigner, direSily or indireSily, hath any Share, Part or Inter ffl in the faid (Ship
or ^effel) to the beji of this (Deponent's or Affirmant's) Knowledge or Belief; and
that he, this (Deponent or Affirmant) and three-fourths of the Mariner' navigating
the faid (Ship or Vefjel) are his Majejlys Briti(h Subjeits.
If any Veflel licenfed by Virtue of this Aft (hall take on b<»ard in any of the
Sugar Idands, or in her Voyage from theiice, any Sugars or other Goods being
the Property of any other Per(bn, than fome of his Majedy's iubjefts, and fuch
as (liall be laden on their proper Ri(k and Account to be i*nied to foreign Parts,
the fame (hall be forfeited.
Before any Sugar be put on board any \cffd at the faid Colonics, to be carried
to any foreign Port in Europe, the Maftcr (hall deliver to the Colleftor of the Port
where fuch Ship is to take in her Lading, the faid Licence, figiied by the Com-
mi(rioners of the Cuftoms, and a Certificate of fuch Bond having been given in
Great-Britain as aforefaid, and (liall declare in writing to the Collector, whether he
intends to load any Sugar purfuant to fuch Licence, which (hall be done before
any Goods are laden on board (uch VcfTel, otherwife fuch Licence (hall be of no
Force ; but if it be declared that S"gars are intended to be laden, and carried to
foreign Paits, then, in order to afcertain the Quantity, &c. rf the Sugars to be
exported from the (aid Colonics, and to prevent tlie Exportation of any Goods
before enumerated, the Perfon intending to export Sugars, or other Goods not
enumerated, in fuch VclTcl, (hall, before the fame are put on board, make an
Entry of fuch Sugars, or other Goods, with the Comptroller of the Cuftoms a!;d
the naval Officer, exprcffing the Name of the Ship and Maf^tr, and where (he
lies i and alfo the Keys and Wharfs where they arc to be laden, or tirft Water-
borne :
b(
b(
tic
(h
th
(hi
0/ S H I P S, ^r.
home, in order to be laden ; which lliall be fuch only where an Officer is or fliall
be appointed to attend the Shipping thereof, or at liich Places as fliall be men-
tioned in a Warrant to be taken out from theComptrollcr for that Purpofe; and
ftiall thereupon take out a Warrant, whereon fliall be endorfed by tiic Exporter
the Mark "^i Numbers, Contents, Sorts, or proper Denomination of fuch Sugars,
and fliall deliver the Warrant fo endorfed to the Searcher, and fliall lade fuch
Sugars in the Prefence of fuch Officer, or at the Places mentioned in the faid
Warrant, that the proper Officers may attend the Shipping thereof; and fuch
Officers are impowered to examine the T-ime, before they are put on board ;
and if, upon examining the laid Sugars, orany Goods fliippcd or brought to be
ftiipped as fuch, either before or after the Shipping thereof, the Number of Cafks
fliall appear to be greater than endorfed on fuch Warrant, or if there be found
any other Sugar but fuch as fliall be fo endorfed, taken out, and delivered as
atbrefaid, or any of the Goods before enumerated, which by Law are to be car-
ried from thence only to Great-Britain, or fome of his Majefly's other Planta-
tions ; or if it be difcovered that any enumerated Goods, other than Sugar, have
been put on board any Veflel having Liberty to trade by Virtue of this Adt, or fliall
be brought to be fhipped on board fuch Veflel, or fliall be put into any Boat, &c.
in order to be put on board fuch Velfel, before fuch Entry, or taking out, endorhng, p. jjS.
and delivering of fuch Warrants, contrary to the Directions of this Adt, all fuch
Sugar and other Goods fliall be forfeited, and the Veflel or Carriage employed in
fhipping or attempting to fliip any enumerated Goods, other than Sugars, togetlicr
with the Veflel on which fuch other Goods fliall be laden, and the Owner of fuch
Sugar orotherGoods (hall forfeit double theValue thereof. And before fuch Veflel
fliaJl depart with the Sugar, the Mafter fliall receive the faid Licence from the
Comptroller and naval Officer, with a Certificate under their Seals of Office, con-
taining an Account of the Marks, &c. of each Cafk of Sugar fo fliipped; and the
ether Officers atbrefaid are to make two Copies of fuch Licence and Certificates ;
for all which Entries, Cr. or Copies, no more fliall be taken than the accuftomed
Fees ; and the Mafter, before he receives the faid Licence, fliall atteft the faid
Copies under his Hand, which are to be left with the Colleftor, and Comptroller,
and naval Officer ; and the faid Colledlor and Comptroller arc required, as loon as
conveniently they tan, to tranlmit one of the faid Copies to the Commiflloners of
the Cuftoms in Gri at- Britain, by whom the Licence was granted when the Sliip
failed '"'•om Great-Britain ; and the Mafter fliall proceed from the faid Colonies
diredly to Great-Britain, without putting into any other Port, unlefs forced by p. jjg.
Strefsof Weather ; Proof whereof ihall be made on Oath to the Satisf^idtion of the
Commiflloners; and on the Return of fuch Ship to Great-Britain, the Mafter fliall
produce the faid Licence to the Commiffioners, or to the Colledlor of the Port at
which he fliall arrive, with the Endorfement or Certificate annexed as before di-
redted, and fliali alfo deliver a true Manifeft, expreffing the Marks and Numbers,
with the Tale and Sorts of Caflis of all his Lading, attefted upon Oath (or, if a
Quaker, by Affirmation) before the Colledlor and Comptroller of fuch Port, who
are impowered to adminifter the fame; and fliall alfo make an Entry of the Quan-
tities and Sorts of all the Sugars laden on board the faid Ship at any of the laid
Colonies, and then remaining on board and bound to foreign Parts (which Entry
the faid Coliedtor and Comptroller arc to pafs, v/ithout demanding any Duties
for fuch Sugar ; mentioning in their Account, that fuch Entries were palled by
Virtue of this Adt) and fliall alfo declare upon Oath or AfHrmation to what foreign
Ports he is bound with lutli Lading, then fuch Malter (hall be at Liberty to pro-
ceed with all the Goods on board mentioned in the laid Manifeft, being none of
the CJoods before enumerated, to any foreign Port, without being obliged to
land, or pay Duty for the fame, as aforcfaid, taking with him the faid Licence,
and a Certificate under the Seals of Office from the laid Colledlor and Comptroller,
tertifyiiig tliat the laid Ship had touched at fuch Port, and had in all Refpedls
complied with the Dircdtions of this Adl ; but if any fuch Veflel Ih.iU proceed p. i'lo.
to any foreign Part without having firft touched at fome Port in Great-Britain,
and having complied with the Dircdtions of this Adt, and having the fame cer-
tified as afbrelaid ; or if any of the Goods before enumerated, befides Sugars,
lliall be found on board, or carried by any fuch Vcllcl to any foreign Parts, then
U tht-
75
H
h-y 4:
r I
r !
p.s6i.
p. stt.
? S63-
0/ S H I P S, ^r.
the Liberty granted by fuch Licence (hall become void, and fuch Veffcl, and
alio tlie Mailer, and all others concerned, fliall be liable to the fame Penalties
as they would have been liable to if this Aft had not been made.
If the ConimilTioncrs of the Ci'ftoms in Great-Britain, or the CoUeftor and
Comptroller of the Port where the Veffcl fhall to -h, (hall, upon Information on
Oath, have Caufc to fufpeft that fome enumerated Goods, other than Sugars, are
on board fuch Veffel, and (hall thereupon judge it neceffary to unlade the Goods
from fuch Ship, or any Part thereof j inluchCafe, the Officers of th^Cuftoms,
or any Perfons employed by them, may enter, and remain on board (uch Ship,
and unlade the fame or any Part thereof, as they (hall judge neceffiu-y, to enable
them to examine any Part of fuch Ship and all the Goods on board, and detain her
fo long as (liall be neceffary for that Purpofc, and alfo may open and examine any
Cabins, &c. or any Concealments, or other Places in the Sides of ("uch Ship or
any Part thereof, or any Trunk, Cade, &c. to difcover whether any more, or
other Goods are on board, than fuch as are mentioned in the Manifeil delivered
by the Mafter, and may feizc all Goods not mentioned therein, which (hall be for-
feited J but in Cafe no Goods be found on board but what are mentioned in the
faidManifeft,then thcOtticerswho fliall unload or unpack any Goods fliall re-load
and re-pack the fame, and repair fuch Damage as (hall be done by unloading or
unpacking thereof, without being liable to any other Colls for Demiirnigc, or on
any other Account whatlbever ; but if any other Goods are found ; ■• board be-
fidcs fuch as are mentioned in the Mafter's Manifeft (except the nece(rary Pro-
vilionsof the Ship) then the Maffer (hall be at the Charge of re-loading and re-
packing all the Goods unladen or opened, and of repairing all other Damag -s
occafioncd thereby ; and the Olficers concerned (hall not be at any Expencc, or
be liable to any Cofts whatlbever.
If any Ship (hall have on board any Sugar, for which Lice, cc (hr. ,1 hf vc been
granted as a(ore(aid, or any otl -t Goods not enumer-.tedin t'u Adi .' ; f'/re-men-
tioned, and the Owners, or their Agent, on the Arrival cf /..ch Si*- > ."i Great~
Britain, fliall be defirous to enter and pay the Duty, and !,\nd iii> OooUs, or any
Part thereof, they Ihall have Liberty fo to do, the Ma.ler firtlrtr'king a Report
'lis 'vhole Lading with the proper Otlicers of the Cuftoms, i- like Manner as
he was required to do before the making of thl>' Aft.
If the Mader, or Perfon takingCharge of fuch Veffel, ^v viiich a Lfcei- ,e has
been granted, (hall, on his Arrival in any of the faid .Si?!i.ir Coioii.Cj have delivered
to the Colleftcr, Comptroller, or Naval Oflicer, 's...ef..i;i Licencf , with a Certi-
ficate of Bond being giv:?- -i Great-Britain, us atbie(aid ; and beiore he lader any
Goods (hall, declare in w.;- ir, upf>n Oath, or Aflirmation, before any twj of
them, that the Sugars he irifjn.is to loid are to be carried to fome Place tc »ho
Southward of Cape Fi>iijiet'-e : tJicn the id IVIafter may, in Cuic he has in all
Refpefts coinplied \. :h the I>in;ifti''n<ci this Aft, proceed tnaher dircftlvwith
("iich Veffel, taking with him fuch t^icence and Oath, or Aflirmatijn, endorfcd
tlicrcon by the Colleftor, &c. together with an Account of the Mark-., i^c. of
Sugars laden by Virtue of (uch Licence, likewi(e endorfed theieon, or cciitained
in a Certificate annexed, in the Manner before direfted, and may there la.id the
(lime, without firll touching at any Port in Great-Britain ; but in fuch Cafe the
Malkr ihall within eight Months after landing the laid Sugais, and before fucli
Veffcl ihall go again to any of the Plantations in America, return to (bme Port of
Great-Britain, and there deliver his faid Licence to the Coinmiffioners of the
Culloni?, or the Colleftor and Comptroller of fuch Port, >vith ("uch Oath or
AtHrmation endorfcd thereon, and Certificate annexed thereto as aforelaid, toge-
ther with a Certificate from the Conful, or two known Bntijh Merchants of
good Credit, rcliding at the Places where fuch Sugais were landed, tellifyingthe
Landing thereof as alorefaid ; and the Mafter (hall likcwifc make Oatli or Af-
firmation before the Colleftor to the Truth of fuch Certificate ; and that none
of the Goods before enumerated, except Sugar, were taken on board at any of
the faid Colonics, or landed at the Place mentioned in the Certificate ; and fliall
likewile m'ke an .ntry with fuch Colleftor of the Quantity and Sorts of all the
Sur .1 laden on board the laid Ship at any of lie faid Colonics, and landed at any
Ton to the Southward of Cape Finijierre, which Entry the Colleftor or Comp-
troller
0/ S H I P S,
c.
75
troller are to pafs, without demanding any Duties for the fame, mentioning in
their Accounts that fuch Entries were paflcd, by Virtue of this Aft ; and in
Cafe the Mailer fliall ne^led: or rcfufe to make fuch Entry on his IL-turn to
Great-Britain, he (hall forfeit loo/.
Upon theRcturn to Great-Britain of any Ship or Veficl which (hall carry Su-
gars from the Sugar Colonies to any foreign Parts, the Maimer (hall, in eitherCafe
before-mentioned, bring back, and deliver to the Commiffioncrs of the Cuftoms,
or to the Colleftor of the Port where fuch VefTel (liall arrive, the f.iid Licence,
together with a Certificate, figned and fculed by the Conful, or two known
Britifb Merchants of good Credit, at the Port where fuch Sugar was lar. led, cer-
tifying the Landing thereof, with the Number of Calks landed, and ' c Mark,
Number, andContentsof cachCafk, with the Name of the Ship and Ma(';cr,and
that they verily believe that no Tobacco, or other Goods before tiiumerattd,
except Sugar, have been there landed out of fuch Veflcl; and upon fuch Licence
being returned, with the Oath or Affirmation of the Maftcr, and an Account of p- s'-i-
the Lading endorfed thereon, or annexed tlicreto as arorelaid ; and the fcveral
other Things r iii'.rcd by this A<fl being duly complied with, the Bond given be-
fore granting fu.h Licence fliall be difcharged and delivered up ; otherwife furh
Bond (hall be forfeited, and may be profecuted in the Manner directed by this Aft.
In Cafe any Ship or VefTel (hall, after unloading fuch Sugars, or any Part
thereof, take on board any Goods before her Return to Great-Britain, all fuch of
the laid Ciood^i as remain on board at her Arrival in Gt t-Britain fh;)!! be enter-
ed and landed on the Return of fuch VefTel to Great-Britain, and before hex
Departure from theiice, and (hall be fubjeft to fuch Regulations as the like
Goods imported in any other Ship are fubjeft to by the Laws of the Cuftoms.
This Aft not to excufeany Vcflel trading to or from the faid Sugar Colonies,
being regillered purfuant to the Aft 7 and 8 fVill. IlL on Proof of the Property
made by one or more of the Owners, in the Manner, and under the Penalties
inflidted by the laid Aft.
No Mailer or Owner of any VefTel carrying Sugars, as aforefaid, (hall advance ta P $''>•
any Mariner during the Time he (hall be in Parts beyond the Seas xwf Mo'i^y or
Eliefts, upon Account of Wages, exceeding one Moiety of the whole Wages due
from the Time of his Departure from Great-Britain till fuch Veiicl flial! return.
to Great-Britain, and if any Mailer or Owner ihall advance any Wages to any
Seamen above the faid Moiety, fuch Mafter or Owner (hall forfeit double the
Money he fliall fo advance.
If any Perlbn fliall grant any falfe Certificate, or counterfeit, erafe, or alter anv
Licence, Oath, or Certificate, made purfuant to this Aft, or (hill Knowingly p«b-
lifh or make ufe thereof, fuch Perlbn fhall forfeit 500/. to be recovc-ea, ar.j di''
pofed (>f in the Manner direfted by this Aft, and fiich Licence, &c. lb dl \v voi 1.
carry Sug;v.s from r ^'6.
oi September, 1739,
I lament.
•i End of the th?.. next
Geo. II. untu 1 '^ett.
. il. tinti/ 2() Sept. 1 76 1.
r ; ar.d i5
0.0 U. p.
; 1 1.
Nothing in this Aft fliall be conftrucd to give Liberty
any of the laid Sugar Colonies to Ireland.
This Aft rtiall continue in force five Years, from the
and from thence to the End of the thca next SefTion ol
Further continued till the z^tL 0/" June, 1751, and t
Seffion of Parliament, hy 17 Geo. II. p. 7153. By
1757. By 29 Geo. II. /or three Tears. Andhy 3 1 CI
• By an Aci faffed 7 and 8 Will. III. for preventing F-\iuds, and regulating Abufes
in the Plantation Trade; and by another Aft of 5 Anne - .?« Union of the tvio King-
doms «/ England rtm/ Scotland, no Shipor Veflel (hall [ .is as a Shipof the Built and
Property oi Great- Britain, Ireland, Guernfey, Jerfey, or any of his Majelly's Plan-
tations in America, or a Prize Ship made free, (o as to be qualified to trade to, fi um,
or in any of the faid Plantations, till the Perfons claimin ; Property therein (hall
niake Oath, and regiller the fame in Manner therein direfted ; and if any Ship's p. 711
Name fo regillered ihall be altered, or any Transfer of Property to another Port,
fUch Sliip is tliereby direfted to be regillered de Novo,on delivering up the former
Certificate to be cancelled ; and if the Property be altered in the fame Port by
thcoale of Shares in any Ship, after regillering, fuch Sal' to be acknowledged,
by endorling on the Regifter before two WitnefTcs ; notv ithflanding which the
Certificates of theRegifter of fevcral Ships have been frequently fold toForeigners
aud
n
'', I 1''
7«
p. :'}■
f. 714.
0/ SHIPS,
S'c.
and delivered to the Purchafcrs j and the Ships of Foreigners under Colour tliere-
of have heen admitted to trade to, and from the Plantations (tho' of foreign Ex- .
tradion) contrary to Law, to the Prejudice of the Navigation o( Greiit-Brltnin
and the Plantations; for preventing which, it is enadcd, that after the 25th of
December, 1742, no Ship or\'efltl required hy the faid Ads to be regiilered, and
carry r^ Merchandizes to and from any of his Majeity's Plantations in Amn-'tca,
or to and from one Plantation to another, (hall be deemed qualified to trade with-
in th- Intent of the faid Ads, till the Mailer, or Perfon having Charge of the
Ship, fliall upon Oath or Affirmation before the Governor or Colledor of the
Cuftoms, of every the faid Plantations where they (hall arrive, give a jull and true
Account of the Name and Burthen thereof, and of the Place from whence (lie
came, and of all Particulars, in the following Form, viz,
AT> maketh Oath (or if a Quaker, fokmnly affirms) that the Ship or Veffel,
••'-'• called the ivhereof he, this Deponent or Affirmant,
is Mitjter, or hath the Charge and Command, during this prefent Voyage, being oftbt
Burthen of Tons, came lajt from
and that Jke is, as he verily believes, the fame Ship or Vejfel defer ibed, meant, and in~
tended in, and by the Certificate now produced by him; and that the fame does now, at
be believes, belong wholly to his Maje/ly's Britifli Subjeils, and that no Foreigner has,
direBly or indiretlly, any Share, Property, or Interejl therein, to his Knowledge or
Belief
If any Ship or VcfTcl Hiall load or unload any Goods, G?r. in any of the Plan-
tations m America, before fuch Proof be made, the fame (liall be forfeited, and
may be profecuted, recovered, and divided, in like Manner as if (he had not been
regirtered as dircded in the Ad 7 and 8 Will. III.
After the 25th oi' December, 1 742, ./any Ship or Veflel duly qualified to trade
to, from, and in his Majefty's Plantations, Hiall happen to be in any of the faid
Plantations, md the Certificate of the Regifter fliall be loft or miflaid, the Maf-
t;'r, or other Perfon having Charge of the faid Ship or Veflel may make Oath,
or Affirmation, before the Governo' or Colledor of the Cuftoms, in the Port
where the Ship cr Vclfel Ihall hapj .1 to be, in the following Form.
A R being Mailer, or having the Charge of the Ship or Veffel called the
-*"*■• -'-'• doi's fwear for fcLmnty affirm) that the faid Ship or Veffel
has been, as he verily believes, regijiered according to Law, to qualify her to trade to,
from, <.nd in his Majr/ty's Plantations in America, and that he had a Certificate thereof
granted at the Port of but that the fame is lofi or mifiaid,
and that I cannot find the fame, and does not knowwhere the fame is, or what is become
thereof, rf" ' that the fame bath not been, mi Jhall be, with Ijis Privity or Knowledge
fold or difpofed of to any Perfon or Pcrfbm uharfiver; and that he, this Deponent or
Affirmiint, and three-fourths of the Manners navigating the faid Ship or Veffel are
his Majfiy's Britidi Subjeils, and the faid Ship or kej/el does now, as he believes,
belong wholly to his Maje/ly'sBriuih Subjeth, and tl\tt m Foreigner has, to his K/iow-
ledge or Belief, any Share, Proper tv, or luterefi tl.\-cin.
The faid Mafter, or other Perfon navigating the faid Ship or Veflel, fliall give
500/. Security, if the Ship be of one hundred Tons Burthen or under, and fo in
Proportion for any grcafor Birthcn, to the Colledor of the Port where the Ship
fliall be, in his Majefty's Name and to his Ufe, with Condition that the Ship was
duly regiilered according to Law, for qualifying the fame to trade to, from, or in
his Majefty's Plantations in America; and that the Certificate of the faidRegifter,
if tbund, fliall he delivered up 10 the Commiffioners of the Cuftoms, to be can-
celled, and no illegal Ufe has btc:>, or fliall be made thereof; that the fame has
not been, or fliall be fraudulently difpofed of; that tlie faid Ship or Veflel w liolly
belongs to Britijh Suhjeds ; and tha'. no Foreigner has any Share, Propc ty, or
Intereft therein; and on making fuch Oath, or Affirmation, and giving luchBond,
the Governor and Colledor of the Cuftoms ihall freely give the Mailer, G;V. of
fuch Ship or Veflel a frcfli Certificate, which fliall enable him to trade for that
Voyage
Of SHIPS, ^c. 77
Voyfl^c only; and the Officers taking the faid Oath and lioiid Hiall tranfniitaa
Account thereof to the Comniillioners of the Cuftoins.
If iIk- Certificate of the Regifler of any Sliip he lull, and the Maftcr, or Pcifin
havint; Charge of the Ship, and one or more of the Owners, (liall make I'roi^fto
the J?atisfaction of the CommilTioners of the Curtoms, in call- tlu' Owners; or any
(if them ilrill reliile in Great Britain or Ireland, Guerufey, or Jfrjly; or of the Go-
vernor, o! Cotledlor of the Cuftoms, rcfiding in any of his Majeily's Plantations
in j'lmerica, if fhe was regiilered in fiith Plantation ; and none of the Owntis ihall P 7'5-
refide in Great Itritain or Ire/and, Guernjiy, or Jerjly, upon Oath or Atlirination
of rhe Lofs of fnch Certificate, alfo of the Name, Jiiirthen, Hiiilt, Projiertv, and
other I'artiiulars required in the Ad^ 7 and 8 fi'^i//. III. in the fame Manner, and
befoie the fame Perfonsas are required on original Rcgiflers, and fliall give 500/.
Secu.itv, if the Ship be of one hundred Tons, and fo in Proportion for any greater
Ci.rthcn, to the Colletftor of the Port where the Ship (hall belong, and that the
original Certificate hath not been, nor fliall be fraudulently difpofed of, or ufcd
contrary t , Law; and that if the fame be found, it (hall be delivered up to the
Coninuliioner--. to be cancelled; in futh Cafe the faiil Commillioners, and the
(Jovernor, and Colledtor of the Cuiloms, relidin^ at the Plantations rcfpertively,
are required to permit fuch Ship or Veflel to be regiftered de uo-vo, and tlie proper
OHicers (hall deliver a Certificate thereof to the Owners asdireifled by the Adt 7
and 8 IVill. III. and therein mention the Name by which the Ship was formerly
regi(tered, and that liah a Certtficate of a new Regifleris granted in purfuance
of this Adt, inflead of a former Certificate, which appears by fuch Proof, as this
Adl; requires, to be loll; and that fuch new Rcgifter and Certificate (hall have
the fame Efledt with the Original, and a Duplicate (hall be tranlmitted to the
CommilTionerr.
After the 29th of Sepfemher, 1742, all Plantation Honds taken in Great Brit. tin, P
purfiiant to any former Adl of Parliamint, wher^b" the Cioods therein enumerated
•are to be brought to Great Britain, (hall ben !; v.'ondition, that within eighteen
Months from the Date thereof (the Danger i,-. ttie Sc.is excepted) a Certificate
Ihall be produced from the Colledtor and Comptrol I. -r of the Port where fncli
CJoods (hall be delivered, that they have been there landed and dilcharged; other-
wife fuch Bonds (hall be forfeited, and the Penalty fucd for in the Court of Ex-
chequer in E>igland, Scotland, or Ireland, relpedtively.
This Adt (hall not extend to Bonds given tor Ships which lade Rice at Carolina
or Georgia, by Licence from the Commifiioners of the Cufloms, to be carried to
fome Part oi Europe, to the fouthward of Cape Finijterre, purdiant to an Adt pa(]ed
3 Geo. II. or for Ships lading Sugars, in any of his Majelly's Sugar Colonies in
America, by Licence from the Commillioners, to be carried diredllv to any foreign p.
Part of Europe, except Ireland, purfuant to an Adl pafTed 12 Geo. II.
By two Claufes in the Adt 1 2 Car. II. it is (among other Things) enadled, that 17 g«. II.
) Goods or Commodities whatlbever, of the Growth, Produdlion, or Manufac-
I}.
M^
7,6.
717.
no '
ture oi Africa, Ajia, m America, (hall be imported into England, Irel/nd, or Wales,
Idands oi Guernjiy or Jerjly, or Town of Bericick upon Tweed, from any other
I'lacesor Countries, but oidy from tJiofe of the faid CSrowth, Produdlion or Manu- ^
f;idture,or from thofePorts where the laid Goods and Commodities can only be,
or ufually have been, fird (lapped for Tranfportation, under the Penalty of the
I'orieiture of all fuch Goods as iliall be iinported from any other Place or C'ouiitrx ,
contrary to the true Intent .and Meaning thereof; as alio of the Ship in whit'h
they were imported, with all her Guns, F irniture, Arr.munition, Tackle and
Apparel*; and there is a Provilb in the (liid Adl, that it (hall be l.iwful for any
ot the People oi' England, Ireland, H'ales, Illands oiGuernfiy or Jerfev, or Town
oi Berivick upon 'Ticeed, in Velfels or Ships to them belonging, and whereof the
M.iller and three fourths of the Mariners, al leaft, .uc Englijl>, to load, and bring
in from an\ of the Ports oi Spain, or Portugal, or H'ejiern IJiands, commonls' calh d
Azores, or Madeira, or Canary IjIaaJs, all Sorts of Co^mlodill'•^ ot the Growth,
Troduction, or Manufadlure of the Plantations o; Dominion, nf cither ol them
reljiedlively; and Diiputes h.ivc arole on the Conftrudlion of the ("aid Provifo,
whether (uxid.s of the Cuowth, Produdlion, or M.Miufadlure of the Pi uitat*on<.
7:0.
m J
' \t
* Vidt Art of N»vi«»(inn, I'age co,
X
ol
m
I:
i
!
f
r
1 3 (/■/». I
7 Cm. If
i8. f. I.
c.
21 c,).n.
837.
78 0/ S H I P S, ^f.
o( Spain or Portugal, may be imported for Account of Aliens, from the FI;'ccs,
and in the Manner cxpreflld in the faid Provifo, and whether fuch (Jooils belong-
ing to Aliens, fo imported, are not liable to be forfeited, together with tlic Ship,
which tends to the Prejudice of the Britijh Navigation, as likcwife detrimental
to the publick Revenue; it is therefore enadtcd, that it Ihall be lawful for any
Pcrfons to import the Goods mentioned in the faid Provifo, and in fuch Ships (o
navigated, as is therein cxpreflcd, altho' fuch Goods are the Property of Aliens.
During fix Months, Gff. it fliall be lawful to import Cochineal in any Ships be-
longing to Great Britain, or to any State in Amity, from any Place whatfoevcr-f-.
It ihall be lawful to import in any Ship belonging to Great Britain, or any State
in Amity, from any Place, Indigo of all Sorts.
Dittof. 3. The faid Adl 13 Geo. I. Cap. 25. and this Ad flialkontinuc fcven Years from
the 24th oi June, 1734. (^c.
Continued till June i , 1 747, and from thence to the End of the then next SeJ/ion of
Parliament, by 14 Geo. II. p. 660. and further continued until the ijlof June,
1754, and to the End of the then next Seffion of Parliament, by 20 Geo. II.
p. 972.
And as feveral A(5ls have been made to encourage the Growth of this, and fc-
veral other Commodities in his Majcfty's American Colonics, I think they may
properly be introduced in this Place, as Affairs in which Navigation has a con-
fiderable Concern; therefore, before I conclude the Subjed: of Shipping, I (hall
let my Readers fee what Premiums have been given by Parliament, on the Im-
portation of them here.
It is hereby enafted, that from and after the 25th of March, 1749, all Pcrfons
who fliall import into this Kingdom, diredtly from any of the Britijh Colonies in
America, in Vefleh that may legally trade there, and manned as by Law is required,
any good and i^ierchantable Indigo, free from any falfe Mixture, and fit for Dyers
Ufe, being the Produft of the Colony from whence the fame is imported, (hall be
intitlcd to 6d. for every Pound thereof, to be paid out of the Cuftoms upon De-
mand, by the ColUdlor of the Port where the fame fhall be imported, and for
Want of fufRcient Money in his Hands, he fliall certify the fame to the Com-
miflioners of the Cuftoms, who fliall caufe the Bounty of the Indigo imported into
England to be paid by the Receiver-General of the Cuftoms in England, and of
that imported into Scotland hy the Receiver-General there.
Every Perfon loading Indigo on board any Veflel in any of the Britijh Colonies
in ^wtT/Va, fliall, before the clearing out of fuch Ship for any Port ofGreat Britain,
produce to the Governor, Lieutenant-Governor, Colleftor, and Comptroller of the
Cuftoms, and Naval Officer, or any two of them, a Certificate, figned and fworn
to before fome Juftice there, by the Planter, his known Agent or Fadtor, thaf. a
Quantity of Indigo (exprefling the Weight) had been fent from his Indigo Work,
orPlantation, where the fame was made, in order to be fliipped off", or fold by
him to the Perfon therein made, and was of the Growth and Produce of the faid
Plantation, fituate in the Diftrid or Parifli of within
the Ifland or Colony of which Certificate fliall be attcfted
by the faid Juftice, to have been figned and fworn to in his Prcfence, and he is
required to do the fame gratis.
The Merchant, at the Time of producing fuch Certificate, fliall alfo fign a Cer-
tificate before the Governor, Lieutenant-Governor, Collector, £^c. or any two of
them, that the Indigo fliipped by him is the fame mentioned in the Certificate;
and they fliall thereupon deliver to him a Certificate under their Hands and Seal
of Office, of his having received fuch Certificate; and that at the fame Time a
p. 889. Certificate from the Planter or Agent, &c. had been produced and left with them,
purfuant to the Directions of tliis Adt; and no Perfon importing Indigo lliall be
intitlcd to the Preemium,\in\f:i's he fliall pr>.xluce fuch Certificate to the chief Officer
of the Cuftoms at the Port in Great Britain where the fame fliall he imported.
On the Importation of any Indigo intoGrear Britain, a Certificate (hall be given
by the Mafter or commanding Officer, that the lame was (hipped on board the
faid Ship, within fuch Britijh Colony in America, as is mentioned in the Certifi-
cate; and alfo a Certificate, figned by two Officers of the Cuftoms of the Port
f Vide Fage 54, tt 6 /fni. Cap. 3).
where
p. 888.
w
In
a.s
Of SHIPS, iSc-
19
where the fame is entered and landed, fpecifying the Weight, and that the faiJ
Indigo is good and inerchantahle, free from falfc Mixtures, and of fucii (^aiity
as to be intitlcd to thefaid Pramiums -, which Certificate tlie faid Oriicers are to
grant within ten Days after tlie Landing thereof, unlefs they can aflign futHcient
Caufe forthrir Refiifal; upon producing which feveral Certificates to tlie proper
Officer as aforcfaid, he (hall pay the Pramium to the Importer.
If any I'erfon fliall make Entry of foreign-made Indigo under the Name of
Britijh Plantation-made, or ihall mix any foreign Indigo, or other falfe Mixture,
with that made in the Britijh Plantations, in order to claim the Pramium, he Ihall
forfeit all fuch Indigo; and, n cafe of fuch Mixture, the Quantity fo mixed,
botli foreign and Britijh Plant.nion-made, and double the Value thereof (hall be
forfeited by the Perfon making fuch Mixture.
No Certificate fliall be granted for the faid Premium on Indigo that is not good
and merchantable, and free from any falfe Mixture.
The Officers of the Curtoms, before their making out any fuch Certificate, p. 89*.
fliall exunine the Indigo by opening each Package, and feeing the whole Con-
tents, to ilillover whether the Indigo is good and merchantable, and free from
any falfe Mixture.
No Certificate (hall be granted by the Officers of the Culloms for any Indigo
which is not worth 3 j. when the French, orothi r Indigo of equal Goodnel's with
the belt Frfncli, is worth 41. per Pound; and 1 ■ in Proportion, if the beft French
or other Indigo of equal Goodnefs (hall be at a higher or lower Price.
If any Dilpute fliall ariie concerning the Quality of fuch Indigo as is imported
into the Port of Londort, the Commiflioners of the Cuftoms may call two or more
Dyers, Dry-Salters, Brokers, or others welllkilled in that Commodity, who (hall
declare their Opinion upon Oath, as to tht Quality thereof, if required, and
determine whether the faid Indigo is intitlcd to the Pnemium or not ; and in
cafe of any Difputc in any of the Out-Ports in England, Samples of the Indigo
fliall be fent up to the Commiflioners of the Culloitis at London; and in the Out-
Ports in Scotland, to the Commiflioners of the Cuftoms at Edinburgh, in fuch
Manner as the refpe(itive Commiflioners fliall diredt, in order to be infpcfted and
adjudged there.
No I'ec (hall be demanded or taken by any Officer of the Cuftoms, for the
examining or delivering fuch Indigo, or for figning Certificates for the Pramium,
under Penalty of forfeiting his Oflice and 100/. Off.
No Certificates or Debentures, made in Purfuance of this Adl, fliall be charge- p, ggi.
able with any Stamp-Duties.
li'iny Britijh Plantation-made Indigo fvomAmerica, (hall.after the 2 5th o( March,
1749, be exported from Great Britain, the Exporter, before the Entry thereof,
(hall pay to the Colledor or chief Officer of the Cuftoms of the Port, the whole
of the Prcc/nium, over and above any Duty fuch Indigo is fubjedl to at Expor-
tation by any former Aift.
If any Per(bn fliall be found fraudulently to export fuch Indigo, without pay-
ing the Pnemium as aforcfaid, he fliall forfeit the Indigo, and double the Value
thereof.
If any DIfpute fliall arife, whether the faid Indigo, or any Part thereof fo to
be exported, is of the Growth and Manufacture of the Britijh Plantations in
America, or of foreign Product, the Onus Probandi (hall lie on the Claimer, and
not on the Protecutor.
If any Governor, Colledlor, or any other Perfons, fhall, during the Continuance
of this Ad, fahely make a Certificate of the Produce and Manufacture of any
Indigo, not being of the Britip Plantations in America, or (hall counterfeit any
fuch Certificate, in order to obtain the Prtrmium aforcfaid, he (hall forfeit 200/.
and if the Offender be a Colledor, or any other Officer of the Cuftoms, he fliall P" ^^*'
.illb Icile his OtHce, and be incapable of (erving his Majefty, &c.
This Act (hall Ik in Force for (even Years, to commence from the 2 ^thoi March,
i 74y, and from thence to the End of the then next Seflion of Parliament.
Fur tier continued by 28 Geo. II. //// 25 March, 1763, and to the End of the
Sejjion.
As it will greatly tend to the Increafe and Improvement of the Silk Manufac- ijc. \\,
turcs of this Kingdom, to encourage the Growth and Culture of Silk in his Ma- p. jgs".
jefty 5
i
r hi;
I
'■'I
■ i'
r
m-
80
r J95-
P- 357-
p. 398.
2} (iio.
519.
p. 520.
0/ s H I p s, e?r.
jcfty's Dominions In /imeriia, it is cnadtcd, that from iin<l .iffrr the 2.(.ili of 7v">'f
17^0, Raw Silksof the (Jrowth ami Cuhiirc of any of hi-* Majclly's Colonich
or I'lantatiops in j'lmtrica may be direifHy iin|H>rtcd tiorn thence into the Port of
London Hiity-free, due Ivntry thereof being (\r\\ made at Jie C'ldloinlioule at the
Time of ImjHM tation, in tlic fame Manmr and Form (expicirm^' the I'aikage,
Marks, and Numbers, together with the Ciunlities of the lefpedhe (ioods) as
was ufcd before the making of this .\i\, and lo as tlie fame be landed in tht- I'rc-
fencc of, and examined by, the proper Oriictr of the Cultoms, and be imported in
Vcflels that may lawfully trade to his Majefly's Plantations, ininncd as the I/i'.v
requires; and, on Failure of the Conditions herein lall mentioned, tlie faid Silks
are to be liable to Payment of the refpedlive Duties, as if this Ad had not
been made.
The Merchant or other Pcrfon, who fliall, after the 24th of '/kwc 1750, load
any raw Silk on board any Vejltl in any of tlu /{r/////!i t'olimies in ylnurkii, is,
before the Clearing out of fuch Veflel from thence, to make Oath before the
Colledtor and Comptroller of the Cufloms, and Nasal Officer of the Port, or any
two of them, that the faid Silk (exprcfling the Qiuuitity thereof) is hoiui fuk of
the (Irowth and Culture of the hritijh Plantations in America, exprefling the Parilh
or Place where the fame was cultivated, and by whom, producing fuch Perfon's
Oafli thereto, made before the Governor of the Place, or the next Jullice of the
Peace (which fcveral Oaths are to be adminidcrcd ^rrf/»y and the Maftcror Pcr-
fon taking Charge of fuch Veflel, is to bring with him a Certificate, iigned and
fealcd by the Colledor and Comptroller ot the Cuftonis, and Naval Officer, or
any two of them (which they arc to ^\\t gratis) expreli.ng the Marks, Numbers,
Tale, and Weight of the i.iw Silk in each Bale or Package, with the Names and
Places of Abode of the Exporters thereof, and of the Pcrfon who rtiall have fworn
the fame to he of the Growth and Culture of the laid Britijh Colonies, and of the
Perfon to whom the fame Ihall be configned in the Von oi Loudon; which Cef--
tificatc the MaAer, on his Arrival at the Port of London, is to deliver to the
Colkdlor or Comptroller, or other chief Ofticcrs of the Culloms, at or before the
Entry of the faid Silk, and to make Oath before one of the (\\\d Officers (which
Oath is to be adminillered gratisj that the laid Bales and Parcels, and Goods
contained in fuch Certificate, are the fame which were taken on board in the
faid Britijh Plantations in America; and, on Default made in any of the Premifes,
the faid Silks are liable to the Payment of the retpedtive Duties, as if this Adt had
not been made.
If any Perfon (hall, after the 24th of _'/ '//;<•, 1750, enter any foreign raw Silk
under the Name or Defcription of raw Siln of the Growth or Culture of any of the
Britijh Colonies oi Amiricu, or fliall mix any foreign raw Silk with raw Silk of the
Growth of the faid iiritijh Colonies, in order to avoid Payment of the Duties for
the fame, he is to ibrfeit 50/. for every liich Offence, and all fuch forci^'n raw
Silk; and, in Cafe of any Mixture, the Qu^uitity mixed, both of foreign and
Britip} Plantation Growth, or the Value thereof', together with the Packages con-
taining the lame, are to be forfeited, (sr.
If any Doubt or Dif'putc (hall arile, wlictlurthc fiid raw Silk is foreign, or of
the Growth or (. ulturc of the Hritijh Atihriiau Plantations, the Onus Prohandi
lies on the Claimer.
). As the Importation of Bar-Iron from his Majefty's Colonics in America, into
the Port of London, and the Importation of Pig-Iron from the faid ( olonics into
any Port of Great Britain, &c. will be a great Advantage, not only to the (aid
Colonies, but alfo to this Kingdom, &c. it is ena ■ cd, that from and after the 24th
of June, 1750, the Duties, now payable on Pig-Iron, made in, and imported from
his Majefty's Colonies in America, into any Port vi' Great Britain, (hall cca(c;
and that no Duty fhall be payable upon Bar-Iron, made in, and imported from
the (aid Colonies, into the Port of LoW&«.
No fuch Bar-Iron lb imported into the Port of London (hall afterwards be ex-
ported or be carried coaftwKe to be landed at any other Place in (ijyjt Britain,
except for the U(e of his Majefty's Dock-Yards, upon Pain that the (amc, and the
Ve(rel, be liable to llich I'orfeiture and Seizure, as prohibited or uncuftomed Cioods
clandcftinclv exported or imported, or tlic Veffel on board of which the fame (hall
be
I
Of SHIP S, ^c.
he exported or imported, arc now li.ihlc to by I,;\w; jh.I :iI(Ij upon Pain tliat (lie
Kxportcr, ami Mailer, und Mariners ot' the Vcll'cl, lli.iil be Jubjttl totlic like Pe-
naiticsund I'linilhmcntsas the M.i(lcrM or Mariners of Vellels I uion vvitli proliihited
and uncuiloincd Goods, or (Joods tiandellincly txpoiNJ or luipotcd, are now
li.ilije by I.awi and no Orfictr of the ^. ullt)ins (liail grant any Coiket, isc. lor
exporting or carrying coallwite any liuh Bar-Iron ib exported, except for the Ule
of his Majelly'b Dock- Yards, upon l'aii\ of forfeiting 200/, tiff, and if any fiitli
Cocket, G'f. rtiall be granted, the fame l)».dl be void.
No Bar-Iron whatlbever lliali be pernuttcd to be < arried coalhvife, unlefv
Mention be made in the Ccrtilicate, of the Day on vvhiil; ilie Duties, pa).il)leon
the importation thereof, were paid, and of the Names of the Pcrfons by \\ hon\
paid.
No Bar-Iron imported into the Ports of Lows'/ bv Virtue of this Acft, fii.vll be
carried or conveyed by Land-Carriage to any I'lacc beyond ten Mil> , from any
Part of the I'ort of Lonikn, except to his, Majelty's Dock-^'ards, lor llie Ule of tlie
fame, upon F'ain of the Offender paying 20 j, for every hundred Wei^lit tliercof.
Fvcry Pv. 1 m loading Pig or Bar-Iion on board any Velll:! in any of his Majefty's
Colonies in yUncricii, (hall, before clearing out for any I'ort oi Giiiit Hritaiii, make
Oath before the Governor, or Lieutenant-Ciovernor, Lolledur and Comptroller
of theCulloms, ind Naval OlHcer, or any two ol' them ^whichOatli they are to
adminiftcr without Fee) that the Pig or Bnr-Iron lb Ihippcd (the true Weight
whereof ihall beexprcfl'ed in the Oath) was made at within the Colony of
in which Oath alio the Name of the Prrfon to wlujin the Iron ihall
be fold or conligned fliall be exprelled, and thereupon the laid CJovernor, Lieu-
tenant-Governor, ColleiHor and Comptroller of the Culloms, and Naval Othcer,
or any two of them, Ihall give to the Perfon making Inch Oath, a Certiricatc
under their Hands and Seal of Othce, of the fame having been made belbre them.
Nofuch Pig or Bar-Iron lliall be imported Duty-free, asaforefaid, unlefs flie
fame fliall be Uamped with fomc Marks denoting the C uiony or Place w here the
fame was made, and udcfs the Importer Ihall piuduce fuch Certiticate to the
chief Officer of the Culloms at the I'l rt where tlie fame Ihall be imptirted, and
Unlcfs Oath be made by the Mailer of the Vellel, before fuch Officer (which he is
to adminillcr without Fee) that the laid Iron is the fame mcntioncJ in the
Certificate.
All Pip; or Bar-Iron, which Ihall not be ftampcd and certified as aforcfaid, (hall
be fubjedt to the Payment of the fame Duties to which it was liable before the
making of this Adt.
If any Governor, Lieutenant-Governtir, Colledor, or Comptroller of the Cuftoms, p
Naval Officer, or chief Officer of the Culloms as ntbrefaid, ihall falfely make any
fuch Certificate, he fliall forfeit 200/. for every fuch Offence, and his Ollice, ijff.
and if any Merchant, £?f. fliall falfely make any Oath required by this kti, he
fliall incur the Penalties of wilful and corrupt Perjuryj and if any Perfon (hall
knowingly counterfeit any fuch Stamp or Certificate, or publifli the fame know-
ing it to be counterfeited, he fluU incur the Penalties of Forgery.
After the 24th of y««<', 1750, no Mil!, or other Fnginc for flitting or rolling
of Iron, or any Plating-P'orgr to work with a Tilt Ilanimer, or any I'urnace for
making Steel, fliall be eredted or continued in any of iiis Majcfly'i; Colonies in
Aiiurict!, upon Pain that every Perfon offending herein Ihall, for every fucii Mill,
Engine, Forge or Furnace, forfeit 200/.
Every I'uch Mill, Engine, Forge or Furnace, crefted or cimtinued contrary to
the Directions of this Ad, fliall be deemed a common Nuiliuice; and every Go-
vernor, ^c. of any of his Majelly's Colonics in Aintrho, w here any fuch Mill, ^c.
ihall be ercdled or continued, (hall, upon Information thereof made to him by
two Witnefi'es upon Oath (which Oith he is to adminillcr) caufe fuch Mill, ^c.
to be abated, within thirty Days after fuch Information, upon Pain of forfeiting
500/. for every fuch Offence, kSc.
All Bar-Iron, which Avail be imported from any of the Britijh Coionics in p
America into the Port of Londou, Ihall be entered at the Cuilomhoufe at LonJcir,
and every Bar fliall be marked orihuuped in three ditferent Parts, with fuch Mark
"\' as
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Britltman't
Cafe.
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Jure Mar.
A/(V*. 29.
Car. 11.
J V'ern. 643.
as the Cominiflioners of the Cuiloms (hall dire£l, two of the fa id M.:rk.s at the Di-
ftanceof one Yard from each Endof the Bar-, and the other near the Middle thereof.
If any Perfon (hall counterfeit, dcftroy or deface any of the faid Stampn, with
an Intent to convey the fame to any Place ten Miles from the Port of London,
contrary to this A&, and be legally convidted thereof, he (hall forfeit 1 00/. &c.
Every Governor, &c, of any of his Majefty's Colonics in jimerica, (hall tranf-
mit, within fix Months after the faid 24th o{Jime,to the CommifTioners of Trade
and Plantations, a Certificate under his Hand and Seal of Ofiice, containing a
particular Account of every Mill or Engine for flitting or rolling Iron, and every
Plating-Forge to work with a Tilt Hammer, and every Furnace for making
Steel, created in his Colony, at the Time of the Commencement of this Adt,
cxprc(nng therein alfo fuch of them as are ufed, and the Names of the Propri-
etors, and Place where created, and Number in the faid Colony j upon Pain of
being fubjedt to the like Penalties and Forfeitures, as for any other Offence com-
mitted by them againft this Adl, &c.
The Importation of Bar-Iron is extended to all the Ports of Great Britain,
Likewifc the Claufes relating to the carrying Iron coaftwife, and by Land
beyond ten Miles from London, are repealed.
I have treated pretty largely on the Article of Shipping, though I hope with-
out incurring the Cenfure of a prolix Superfluity, or dwelling longer on the Subjett
<han I ought; for the Particulars I have intix>duced under this Head, I think,
properly belong to it, and no one SeAion of it undeferving a Merchant's Regard ;
I (hall therefore now proceed to defcribe the Obligacions the Commanders and
Sailors are under both by Laws of Confcience and of their Country.
A Mafter of a Ship is appointed by the Owners under a Suppofition of his hav-
ing a fuflicient Capacity and Integri^ to difcharge the Truft repofcd in him, by
a faithful, prudent, and difcreet Management of uie Ship, and AflTairs committed
to his Care he hath no Property, either general or fpecial, in his being con-
ftituted, though the Law looks upon him as an Officer, who muft render and give
an Account for whatfoever is put into his Cuftody and under his Dircdion ; and
therefore whatever Misfortunes happen, or Lo(res occur, be they through
Negligence, Wilfulnefs, or Ignorance, either in himfelf or Mariners, he muft
be refponfible.
A Mafter of a Ship, fo appointed by B, Owner, treats with a Plaintiff to take
the Sh.'p to freight for 80 Tons, to fail from London to Falmouth, and fo from
thence to Barcelona, without altering the Voyage, and there to unlade, at a certain
Rate per Ton : And to perform this, the Mafter and Merchant entered into a
Charterparty, the former obliging the Ship and her Appurtenances (valued at
300/.) though the Owners of the Ship were no Parties thereuntoj the Mafler
deviates and commits Barretry, and the Merchant thereby becomes a Sufferer in
the Lofs of his Voyage and Goods, for the Merchandize (being Fifh) arrived not
till Lent was paft, and they rotten. The Fadlor, to whom the Cargo went con-
figned, in order to procure SatisfaAion for his Employer, fueth the Mafter in the
Court of Admiralty at Barcelona, and, upon an Appeal to a higher Court in Spain,
obtains Sentence againft the Mafter and th; Ship; which, coming to the Mer-
chant's Hands, thft Owner brings an Afiion of Trover for the Ship; the Mafter
fues in Chancery to ftop the Suit, and another brought l>y the Owner for Freight,
claiming Dedudtions out of both, for his Damages fuftained by the Maftcr's Breach
of Articles; for if the Owner gives Authority to the Mafter to contraA, he (hall
bear the Lofs; but, in cafe of Bottomry after the Voyage begun, the Mafter
cannot oblige the Owner beyond the Value of the Ship; but this Cafe is on
Contraft.
Lord Chancellor. The Charterparty values the Ship at a certain Rate, and
you (hall not oblige the Owners farther, and that onlv with Relation to the
Freight, not to the Value of the Ship; the Mafter is liable to the Deviation and
Barretry, but not the Owners; cllc Mafters would be Owners of all Mens Ships
and Eftates.
But where the Mafter of the Ship took Beef, Sails, (3c. on Credit, and failed,
the Owners were obliged to pay, and not allowed to defend themfelves, by infift-
ing that the Mafter was liable only, and that they had given him Money to pay
2 the
the Plain
anfwerab
Money f<
As foo
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or purloii
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Of SHIPS, iSc.
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the Plaintiff. He is but their Servant, and therefore for his Purchafcs they trc
anfwerable, and continue fo till he has paid the Creditor, though they gave hitn
Money for that Purpofe.
As foon as Merchandizes, or other Coinmoditie!:, arc put aboard a Ship, whe-
ther (he be riding in Port, Haven, or any other Part of the Seas, he that is Extr-
citor Navis (Mafter of her) is chargeable therewith, and if the fame be there loft
or purloined, or fuftaii) any Damage, whether in the Haven or Port, before, or F.Niiit.ciop.
upon the Seas, after flie is on her Voyage, either by the Mariners or by any other ,^ t'tb.'-t.
through their Permifllon, he that is the Commander muft anfwer the Damage,
for the very Lading the Goods aboa.d the Ship fubjedts him thereto. And with
this agrees the Common Law, where it was adjudged, that Goods being fent ■ Mod. Sj.
aboard a Ship, and the Mafter having figned his Bills of Lading for the fame, the , /" "°'_
Goods were ftowed, and under t'retcnce of being Prefs-Mafters, divers Perfons, »j8.
in the Night, entered the Ship, and robbed herof thofe Goods j the Merchant * ^^J; '^^*
brought an Action at Common Law againft the Mafter ; a.'d the Queftion was iii!i'}t.i'ss<
wheUier he (hould anfwer the fame } for it was alledged on his Part, that there
was no Default or Negligence in him, as he had a fuificient Guard, the Goods
were all locked up under Hatches, and the Thieves came as Prtfs-MaRers, and by
Force robbed the Shipj and that the fame was Vis Major \, which he could not
prevent : And laftly, that though he was Mafter, or Exercitor Navis, yet he had
no Share in the Ship, and was but in the Nature of a Servant, ading for a Sala«
ry. But notwithftanding, it was adjudged to the Plaintiff; for the Mafter at
his Peril muft fee that all Things be forthcoming which are delivered to him.
let what Accident foever happen (the A A of God, or an Enemy, Perils and Dan-
gers of the Seas only excepted) but for Fire, Thieves, and the like, he muft an-
fwer } and is in the Nature of a * common Carrier ; and diat tho' he receives a
Salary, yet is a known and public Officer, and one that the Law looks upon to
anfwer; and the Plaintiff hath his EleAion to charge either Mafter or Owners,
or both, at his Pleafure, though he caithave but one Satisfadion.
If a Mafter fhall receive Goods at the Wharf, or Key, or (hall fend his Boat
for the fame, and they happen to be loft, he (hail likewife anfwer, both by th*
Marine and Common Law,
Mayor Gf Com. de London, againft Hunt.
Error of Judgment in B. R. in AfTumpfit brought by the Mayor and Cbmmo^
nalty agalnfl//iun/, where they declared of aCuftom that they and their Predecef-
fors. Mayors, &c. had of every Mafter of a Ship %s. per Ton, for every Tod of
Cheefe brought from any Place in England to the Port of London, ab OrieUte de
London Bridge, (to the Eaftward of London-Bridge) in the Name of Weighage )
and that the Defendant being Mafter of a Ship had brought to the Port of Londm
lb many Tons, which at that Rate came to fb much, which he had not paid ;
upon non AJfumpJit, VerdiA and Judgment for the Plaintiff. Upon which Hunt j Ler. j;.
the Defendant brought a Writ of Error, and two Errors wereafligned : i. That
the Adlion did not lie againft the Mafter, but that the Duty was due from the
Merchants, Owners of the Goods ; but the Judgment was affirmed, for that the
Mafter is entrufted with the Goods, and hath a Recompence from the Merchants
for bringing the Goods, and is refponfible for them, and therefore fhall be
charged for the Duty ; as it would be infinite to fearch for the Owners of the
feveral Goods which are all in the Cuftody of the Mafter who brought them into
Port, and therefore he fhall be charged.
If Goods are fhipped, and an Embargo or Reftraint is afterwards iffued by the t>W nt- 91
Prince or State where the Mafter then is, and then he breaks Ground or endea- g'J" *• ''
vours to fail away, and in Confequence thereof any Damage cnfues, he fhall be
refponfible for the fame j the Reafon is, becaufe his Freight is due, and muft be
paid ; nay, although the very Goods be feized as bona contrabanda.
A Ship was let out on -Freighl to J. S. in England, at 3/. los. perTon, to go 1 y/m. nu
to Bouracaux, then an Eiiibargo is laid ; fhe afterwards proceeds to Bourdeaux,
and the Mafter, without, difcovering his firft Contrad, agrees with the Corre-
fpondents
-f 'V'.\r which the Civil 1 aw does fomctiinei allow. * Kif. lo;. P. n. B. 104. b. ift [nil. 89 4 Co. 84. a.
mo >■•■'. //»/-. 17, i« /"of i. 178, 179. Cr». 7./f. 188. 189. 330. J3 1. 5«/f. 388. 151/36.
-\-^
''7J ■
84
Of SHIPS, £?f.
1 5 Hn. VI.
«.. 8.
I £/. c. II.
I. >.
I] and 14'
Car. II. c.
II. f. 14.
I J^r. C. »5.
II r.<r. II.
C. 18.
I.d. Rat/nsJiJi
P»ge II.
ff'nion verf.
Ld, Rajmnd,
Page 151.
Bitttn verf.
< Hard verf.
Liufiit.
b e. I .^«/<.
53. Ctulh.
518. l.d.A'.)
mifftf, p 5 '6.
577. 57S.
r//u vcrf.
fpondents there of "y. 5. to allow him 6/. lox. ^.'r Ton ; upon tlii,'; luft Agrcc-
mcn there covered atLaw,and Equity would not relieve, bccaulc the PcrJbnnaiicc
of the firft Agreement was hindered by the Kmbargo.
A Mafter ought not to fail in temneftiious Weather, nor put foitli to Sen,
"Vithout having firft confultcu with his Company* ; nor mull lie i\.\\ in Port or
Harbour without juft Caufc, when a fair Wind invites his DtpArture.
If a Vcflcl proves leaky or difablcd, the Mailer ought not tor this C.uife to
put any of his Merchants Goods aboard any Enemies Ship, without Letters of
fafc Condu(fl, as by fo doing they may be made Prize, and he be obliged to
an/wcr the Damage confequent to the Adion.
Nor fliall he put into any Creeks or other Places difallowed, except driven in
by Temped, but into fuch Ports as are by Law appointed.
Nor ought he to fhip any Merchandizes, but only at the publick Ports and
Keys.
He muft not lade any prohibited or unlawful Goods, whereby the whole
Cargo may be in Danger of Confifcation, or atleaft fubjed to Seizure or Surrep-
tion.
He may not fct fail without able and fufficient Mariners, both for Qiiality and
Number.
The Ship was libelled againft in the Admiralty, for that the Maftcr being ta-
ken by a French Privateer, had ranfomed the Ship for 30c/. and had fucd for the
Payment of it, and was carried Prifoner to Dunkirk, and the Money was not paid,
&c. and Sentence was given in the Admiralty againft the Ship; and upon Motion
for a Prohibition, it was denied by Ho/f, Chief juftice, then alone in Court; bc-
caufe the Taking and Pledge being upon the high Sea, the Ship, by the Law of
the Admiralty, (hall anfwcr for the Redemption of the Mafler by his ownCon-
tradl. Ex relatione m'ri Place.
Motion was made for a Prohibition to the Court of Admiralty, where a Suit
was profecuted againft a Ship, which the Mafter had hypothecated for Necefla-
rics, being upon tne Sea iq Strefs of Weather ; and the Suggeftion was, that the
Agreement was made, and the Money lent upon Land, r/2;. in the ^onoi' London,
it being a Venetian Veffel, which came here by Way of Trade, and not Strefs of
Weather; but 6cr Holt, Chief Juftice, the Mali(;rof the Siiip lias Power to hypo-
thecate it, but he cannot fell it j and by the pawning the Ship becomes liable to
Condemnation : This was refolved in folemn Debate, in the Cafe oi Co/lard, v.
Lew/He, 2 tViH. and Mar. B. R. Then there is no Remedy here for the Hypothe-
cation, but by Way of Contradl : Therefore, fince the King's Bench cannot do
Right to the Parties, it will not hinder the Admiralty from doing them Right ;
for if the King's Bench allows the Hypothecation, and yet denies the Remedy, it
will be a manifeft Contradidlion. An Action was brought upon the Stat. 2
Hen. IV. Cap. 1 1. for fuing in the Admiralty on an Hypothecation, and it was
held to be out of the Statute, in the Time of my Lord Half. And as to the Oh-
je«flion, that the Contradl was made upon the Land, and the Money paid tliere, it
muft of Neceflitybc lb; for if a Man be in Dillrefs upon t!ie Sea, and compelled
to go into Port, he muft receive the Money there, or not at all. And if liis Sjjip
be impaired byTempeft, ib that he is forced to borrow Money torcrtt, othcrwile
(he will be loft ; and for Security of this Money, he pledges his Ship, lince the
Caufe of the Pledging arifes upon the Sea, the Suit may well be in the Admiral-
ty Court ; But bccaufe there was a Precedent, whereaProiiibitioii in fuch Cafe
had been granted, the Court granted the Prohibition, and ordered the Plaintiff
to declare upon it, for the Law feemed clear to tlieni, as before is laid.
The Defendant, as Executrix to the .Mailer of a Ship, libelled in the Admiral-
ty Court for the Wages owing to the Teftator by the Owner; upon which the
Plaintiff, to have a Prohibition, fuggefted theStat. of 1 5 Rich. 11. Cap. 3. that the
Admiralty Court fliali not have Cognizance of Contacts made upon the Land, and
Ihews this Contrad to have been made upon the Land, i^c. and this Cafe was
moved in feveral Terms, but oppofed; and the Council for the Prohibition irgucd,
tliat Prohibitions arc grantable dc jure, and are not dilcietionary in the Court,
Ravn.
Rayn
tion
Cour
were
fever
wher
Sea, i
was
there
inRj
Lix Olirtn, Judg i,
Of SHIPS,
c.
8S
"Raym. 3, 4. That the Cafe in Winch. Rep. 8. was the firft Cafe where a Prohibi-
tion was denied, in Cafe of a Suit by Mariners for their Wages, in the Admiralty
Court, and the Denial was grounded upon companionate Reafons, becaufe they
were poor Men, and becaufe there they might join in Adion, but here they mull
fever} but the faid Cafe is contrary to theReaibn and Grounds of the Lav, ; for
where the Contradt is made upon the Land, tho' the Service was done u,non the
Sea, it is out of the JurifdiAion of the Admiralty ; and fo vice verfa, if the Service
was done upon the Land, and the Contrail upon the Sea, 1 2 Co. 79, 80. Staunf.
51. b. Hoi. 212. AConfultation is always denied in Cafe of a Suit by Mariners, if
there is a Charter- Party ; and the Sealing of a Writing cannot make any Difference
in Rcafon, Raym. 7. a Prohibition granted where the Mader libelled alone i and
e contra, it was faid for the Defendant, that the Cafe of Mariners was now fettled,
and ought not to be ftirred; but that the great Reafon why they are permitted to
fue there is, the Ship is the Debtor, and by the Law of the Admiralty they may
attach her, which they cannot do by the Common Law ; and in the Admiralty
Court they may all join in Suit, whereas by the Common Law they mud bring
feveral Adtions : That the Cafe of the Mafter is not different, for the Ship is Se-
curity to him, and he is but a Mariner, and his Wages are Wages at Sea ; but
however, where the Mader dies in the Voyage, as he did in this Cal'c, there can
be no Reafon to exclude his Executors from fuing in the Admiralty, becaufe he
had no Opportunity of bringing his Wages to Account with the Owners. And
in 2 Fent. 181. Allifon. v. Marjh, the Purfer, tho' an Odiccr of the Ship, was
allowed to fuc for his Wages in the Admiralty. And in 2 Keb. 779. pi. 6. Rex. v.
Pike, a Prohibition was denied where the Mailer and Maiiners joined in aSuit in
the Admiralty for their Wages, (but Holt faid, that a Prohibition ought to have
been granted quoad in the faid Cs^e) and he cited a Cafe Hil. 27 and 28 Car. IL
C. B. between Cooker and Older, where Atkins and Ellis, Judices, were of Opini-
on, that a Prohibition ought to be granted to the Suit in the Admiralty Court,
by the Madcr of a Ship for his Wages, tho' North, Chief Judite, and Wyndbam,
judice, held the contrary Opinion. But Holt, Chief Jullice, faid, that it is an
Indulgence, that the Courts ^X-Wejlminjler permit Mariners to fue for their Wages
in the Admiralty Court, becaufe they may all join in Suit ; and it is grounded up-
on the Principle, quod communis error facit "jus; but they will not extend ir to the
Mader of the Ship, efpecially if he was Madcr ac the Beginning of the Voyage
here in England, and theContradl was made with liiin here. Poihbly if theMaf-
tcr of a Ship died in the Voyage, and another Man took upon him the Charge of
the Ship upon the Sea, fuch Cafe might be different. As in the Cafe of Urojhaick
V. Loutbjly, where it was held in this Court lately, that if a Ship was hypotheca-
ted, and Money borrowed upon her at Amficrdam, upon the Voyage, he who lent
the Money may fue in the Admiralty for it ; and this Court granted a Confulta-
tion in the Cafe : But in another Ciife, where the Money was borrowed upon the
Ship before the Voyage, the King's Bench granted a Prohibition, and the Parties
acquicfccd under it. There are ^nany Precedents in the Court of Admiralty of Suits
by the Mariners for their Wages, but none for the Mader of the Ship : And the
Cafes differ ; for the Mariners contrad upon the Credit of the Ship, and theMaf-
terupon the Credit of the Owners of the Ship, of whom generally he is one, fijfr.
It was moved that the Court would compel the Plaintiff to put in Bail to the
Adlion to be brought for the Wages at Common Law, or otherwife deny the
Prohibition, which it was faid had been done often : Holt, Chief Judice, con-
feflcd that the Court had fometimes interpofed, and procured Bail to be given,
but it was by Confent, and io Cafe of the Proprietor himfelf j but in regard that
in this Cafe the Plaintiff was a Purchafer without Notice, there was no Reafon,
suid a Prohibition was granted.
Bal LAM libelled in the Admiralty againd a Ship of Norway, for that die hf'ing
in great Diilrcfs for want of an Anchor and Cable, the Mailer contraded with
Ballam, who delivered them on board, ^c. upon which a Motion was made in
this Court for a Proliibition to be directed to tlic Judge of the A<!iiiiralty, to pro-
hibit him from proceeding in the faid Suit, upon a Suggedinn that the laiiiCun-
trad was made u}.X3n the Land, viz. at RatcliJ'e, upon the River Thames, th'- (liid
Ship being then there j and a Rule was made that the Defendant lliould fliew
Z Caule
Mm
ri; I
■-^' ' .'if/ '
rv . !^- '■
s
C.
1 Sali.
3t
R
:'"""'.
P-
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ft
1,
Trrm,
'
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7...'.Vi Vi rl".
SuU.m.
86
0/ S H I P S, ^c.
I'M';.-.
I''' ■ fc
J) > A< T'
n ' ' '
ji:
Caufe why a Prohibition ihould not go ; upon which it was ftieVifed for O ufe^
1 . That of late Times the Admiralty had been always encouraged, and that
they ought to have Cogniza . e of all Things incident to the Navigation, thcrcfDre
they (hall have Cognizance of a Suit for Mariners Wages. 2. That in this Cafe
the Defendant would be without Remedy, if a Prohibition Hiould be granted ; be-
caufethe Mafterofthe Ship with whom the Contradl was made, was dead, and
the Part Owners were Foreigners. •?. That the Contratt being upon the Land
1 Roll. Rep. will not hinder the Admiralty to hold Plea, as was held in the Cafe of Co/iarJ
" '■ 9- V. Lewjiie, where a Libel was in the Admiralty againfl a Ship upon a Hypotheca-
tion made of her at Land, and that appeared upon the Inftrumcnt of Hypotheca-
tion, which mentioned it to have been made at Rotterdam ; and yet a Prohibition
was denied after great Conlideration. Nowhere, though the Anchor, &c. were
fold upon the Land, yet the Strefs of Weather which difabled the Ship was upon
the high Sea, and therefore the original Caiife being within the Ji>rifdi(Sion of
the Admiralty, will draw the Rclidue to it as incident ; fed non allocatur. For
per curiam, this is not like the Cafe of Cojiard v. Lew/lie, i . fiecaufe it does not
appear in this Cafe, that this Ship was in her Voyage when flic became in Dif-
trefs, for want of an Anchor, &c. and at the Time of the Contract. 2. There was
no Hypothecation here, as there was in the Cafe cited ; now where there is an
Hypothecation, if the Admiralty fhould be prohibited to proceed, fisfr. the Party
would be without Remedy, for no Suit can be againft the Ship at Common Law
upon it. Now it is true, that by the Maritime Law every Contrad with thcMaf-
ter of a Ship impliesan Hypothecation ; but it is otherwife by theLaw oi England;
therefore this being a Contradt made with the Mailer upon the Land, it is the
common Cafe ; the Admiralty cannot have Cognizance of fuch a Suit, and there-
fore a Prohibition was granted : But at the Importunity of the Defendant's Coun-
cil, the Court gave Order that the Plaintiff fliould declare upon it, &c.
s.c.Wi. i;. Watson was Mafterof a Merchant Shro, which was taken at Sea by a French
p^'pfrT^ Privateer; Watfon agreed with the Captain of the Privateer for the Raniom of the
<)53'>34 ' Ship and Goods at 1200/. and as a Pledge or Security for the Payment of the Mo-
7f«pi»fr verf. ney, Watfon was detained and carried '\x\\.o France; but the Ship and Goods were
releafcd, and brought into Brijiol, where the Ship was unladed, and the Goods
^"*' ^""" landed, (after Cuftom paid) and delivered to one Day; but whether in Truft for
the Benefit of the Mafter, or for the Vic of the Owners, was not agreed.
Watfon commences his Suit in the Court of Admiralty againft the Own-
ers, to compel them to pay the 1 200/. and redeem him ; and thereupon a War-
rant was iflued out of that Court to arreft the Ship and Goods, in quadam caufa
falvagit, in order to compel the Defendant to appear there, and the Ship and
Goods were feized thereon : A Prohibition was prayed as to the Goods, fuggef-
ting the Seizure on Land infra corpus comitatus, and fo not within their Jurif-
didion J it was infilled that the Mafter had no Power to make fuch an Agree-
ment, nor to fubjcft the Goods to the Payment of his Ranfom, without the ex-
prefs Authority and Confent of his Owners. TK" Power of Hypothecation in a
Voyage for Neceflaries is incident to his Office, and allowed for the Neceifity of
the Thing, and theBenefit of the Owners; but this is not fo,for this is aRedemp-
tion, and a new buying of the Ship ; and if this be allowed lawful, it will give
a Power to the Mafter to do an Injury to the Owners, by obliging them to the
Performance of an Agreement of his making, upon any Terms never fo unrealb-
nablc, and to compel them to pay more than the Ship and Goods are worth, as the
Agreement in thisCafe is : Befides, the Power of the Mafter is only over theSnip,
and he has no Power over .the Goods and Lading to make any Difpofition there-
of ; admitting the Mafter has fuch Power to fubjeft the Goods to the Payment
of his Ranfom, yet he ought not to bring the Suit in his own Name, h it the
Suit ought to be carried on in the Name of the Vendee, or Purchafer of the
Goods. Admittmg this Suit proper, yet the Seizure is illegal; for the Court of
Admiralty cannot award fuch Procefs, as their tiiit Procefs to compel the Party
to appear, is in the Nature of an Exerution agaiuft the Goods; and they can no
more begin witli fuch Procel's than an inferior Court ; and as a Prohibition ihall
be awarded to an inferior Court, in J'uch Cafei, fo ought it in this, tho' the
5 Party
2 /fun. Re-
ginz,
f^-
N
•x»-
6/ S H I P S, ^f. 87
party have not vet appeared, nor any Libel be as yet exhibited; and fo was it
done in the Care of Cfapt. SanJs and Sir Jofiali Cbltd, 5 IVill. and Mar.
On the other Side it was infixed, that no Prohibition ought to go in this Cafe, s-W j»-
for that the Mafter has Power in this Cafe, to fubjedt the Goods to the Payment
of his Redemption ; and it is founded on the fame Kcdfon as his Power of Hy-
pothecation, ine Neceflity of the Thing, and the Benefit of the Owners, by part-
ing with fome Part of the Goods to five the reft, whereas otherwifc the whole
would have been loft; fo is Molloy 21^, 214, Hob. 11, 12. but this being a Matter
and aCaufe properly within the Jurildidlion of the Court of Admiralty, (hall be
determined there: And in a Maritime Caufe, whereof they have Cognizance,
the Procefs of the Court may be executed upon Land, infra corpus coniifatus, &c.
As to the Objcdlion that the Suit in curia admiralitalis, ought not tp be in the
Maftcr's Name, it was anfwered, that it is moft proper in his X«n»e, for the
Captors to whom the Ranfom belongs, and who have the Mafter in thtir Cuftody,
cannot fue in their own Name, bccaufc they are Enemies; but if the Suit be not
carried on between proper Parties, it is good Caufe for an Appeal, and (hall be
determined by the Rules of the Marine Law, but it is no Ground for a Prohi-
bition. But admitting the Merits of the Caufe to be againft the Mafter, yet tlie
Owners came too foon for a Prohibition before they have appeared, and before
any Libel exhibited, fo that it cannot appear to this Court what the Nature of the
Suit is.
The Court dcfircd to hear a Civilian before they made any Rule in this Cafe;
and accordingly Dr. Lane attended for the Plaintiff, in curia admiralitalis: He.
argued, that Salvage, or caufa Jhlvagii, as is mentioned in the Warrant, is of
Admiral Jurifdidion ; that the Mafter reprcfents both the Owners of the Ship and
the Traders, and has aTruft repofed in him, which extends to the Goods as well
as the Ship; the Mafter may detain the Goods of the Merchant for the Freight
of the Ship, or Wages of Mariners. The Mafter in this Cafe, by the Marine
Law, hath an Hypothecation of the Goods to him, to keep till Payment be made
of the Money agreed, and not only a bare PofTcilion; and therefore though he
depart with the Po(refllon of the Goods before Payment, that does not divcft his
Intereft. The Goods were in the Power and PolTc(rion of the Enemy, who
might have kept or deftroyed them all, if they had not been redeemed by thd
Mafter, which is for the Benefit of the Owners. Redemption, is a Redemption
by the Mafter, and gives Security for the Payment of the Money agreed, by fub-
jefting his Perfon as a Pawn or Pledge, (b that he has as it were paid for the
Goods. This Power of Redemption is not founded on the Rbodian Laws, or the
Laws of OUron, but arifes from the Cuftom and Law of Nations, and the fame
Cuftom or Law gives the Mafter in this Cafe an Intereft in the Ship and Goods.
It was agreed by the whole Court, that rid Prohibition fhould be granted in
this Cafe.
Holt, Chief Jufticc, faid (after other Things) that it fecfned very juft and rea-
fonablc in this Cafe, that the Owners of the Goods ought to pay the Redemption.
If a Pyrate (hould take the Ship and Goods, and the Mafter redeem them, thi
Owners (hall make hirii SatisfaAion ; and then much more in this Cafe, whert
taken by an Enemv. When the Mafter makes a Cortipofition for the Benefit of
the Owners, it is highly reafonable that he (hoiild be indemnified. The whole
Ship and Goods would have been Prize, if he had not made this Compo(ition j
therefore where there is in inftant Danger of loflng Ship and Goods (as in this
Cafe, when they were under the Capture and Power of the Enemy) and no Hopes
of faving them then appears (thougn afterwards it may happen that the Ship may
be rcfcucd on frcfh Purfuit) cannot the Mafter make fuch an Agreement as this,
as v/ell as he may throw Part of the Goods overboard, in Cafe of a Tcmpeft, to
favc the reft ? The Mafter has the Cuftody and Care of the Ship and Goods :
Suppofing then that the Mafter has fuch a Power of compounding, the Goods
then remain to him as a Security, and he may detain them till Payment, as he
may for Freight; but then it is to be confidered, whether, when he has once
delivered them to the Owner, or to his Ufe, he has not departed with his Security,
and has no Way to come at them again, as it is in Cafe of Freight. Thefe Things
ftr«
i.
i'
ii
88
Of SHIPS, ^c.
S.C.S-irtjj.
Ld. RsymtiiJ,
p 9«». 9«3.
«nd 984.
7n». Term,
a /fn. Reg>
Jtktfn vcrf.
SkiffiK.
\1Jt ute.
7 7i
I
'■!**
11
If •>•
i"»/ ti/m.
r. 9.
I'."' "
are confiderable if we go into the Merits of the Caufc, but that not being before
us, I give no Opinion therein.
A Ship was outward bound to and being en Diflrf fs at Sea in
her Voyage, put into Bojon \n New-England, and there the Maftcr took up Money,
which ne applied in Ncctflaries for the Shipj and, as a Security for the Repay-
ment, by Way of Hypothecation, made a Bill of Sale to the Party of Part of the
Ship, who now libelled in the Court of Admiralty againft the Ship and Owners,
to compel the Payment of the Money. Serjeant Darnatt moved for a Prohibition,
and a Day wiis given to hear Counl'cl on both Sides. On the Day, Serjeant Dar-
nall infifted, that as this Cafe is, there ought to eo a Prohibition, beCaufe it ap-
pears upon ihe Face of the Libel, that this Hypothecation was upon Land in Port,
viz. at Bojlon, and not upon the Sta, as it ought to be, to give that Court a Jurif-
didtion. Befides, this appears to be a Bill of Sale of Part of the Ship, upon which
the Party may have his Remedy at Common Law, and not a proper Hypothe-
cation. Alfo the Proceedings are againA the Owners as Well as againd tlie Ship;
and, if the Owners are liable, they are chargeable at Common Law.
Mr. Cbejbyre, againft the Prohibition. It makes no Difference whether the
Hypothecation were upon the Sea or upon Land, being done in a Voyage; and
a Prohibition has been denied upon the fame Point as this Cafe, in this Court,
between Caffart and Lawdjley, Trin. i fVill. & Mar. where the Hypothecation
was in Port, */z. at Rotterdam. The fame was adjudged here, Hil. \t>ab, between
Benoir and Jeffrysy and, about a Year fince, between Jujlin and Ballam, a Pro-
hibition was granted, becaufe it did not appear there was any Hypothecation. In
this Cafe the Neceflity of the Thing requires that it be done at Land, and it would
be prejudicial to Navigation, if this Suit in the Admiralty {hould not be.
Holt, Chief Juftice. The Cafe oiCoJfart and Lawdjley was the fame as this;
and there, on a Demurrer to a Declaration in a Prohibition, a Confultation was
awarded by the whole Court. When a Hypothecation is made, either for Money
to buy Neceffaries, or for Neceflaries for the Ship in a Voyage, the Court of Ad-
miralty have a Jurifdiiflion, for the Party has no other Remedy; wc cannot give
him any Remedy againft the Ship; and if the Suit there fhould not be allowed,
the MaA-r will have no Credit to take up Neceflaries for the Ufe of the Ship.
P** V Tuftice, of the fame Opinion.
h. chief Juftice. No Ma/ter of a Ship can have Credit abroad, but upon
the Sfi-arity by Hypothecation, and (hall we hinder the Court of Admiralty from
givi».^ Remedy, wnen we can give none ourfelves ? It will be the greateft Prejudice
to Trade that can be, to grant a Prohibition in this Cafe. Indeed, if a Ship be
hypothecated here in England before the Voyage begin, that is not a Matter
within the Jurifdidlion of the Court of Admiralty, for it is a Contraft made here,
and the Owners can give Security to perform the Coirtrait. Which Powf/ agreed.
Holt, Chief Juilice. There is no Difference whether the Hypothecation be
alledged in the Libel to be made in Port, or appears fo to be by the Suggeftion,
as it was in the Cafe oiCoffart and Lawdjley; and, as to what you fay, that this
is a Bill of Sale, and fo a Remedy at Law, that is not fo, for the Mafter has no
Authority to fell any Part of the Ship, and his Sale transfers no Property; but he
may hypothecate. And fince the Proceedings in the Court of Admiralty are
againft the Owners, as well as againft the Ship, let a Prohibition go quoad the
Proceedings againft the Owners, and let them go on to condemn the Snip. To
which the reft of the Judges agreed.
The preceding few Cales may ferve to <hew the Power lodged in the Captain
to engage his Ship for Payment of what Cafli he may take up for his Repairs and
Ufe; and though the Law difallows of his felling her, yet me is obliged for the
fulfilling his Contrads fo far as her Value, and that of her Freight (as has betis
/hewn before); though he on his Part muft give a juft Account to the Owners,
how the Money he has received was expended, and is confequently anfwcrable
to them for the fame, and to adt up to the Truft repofed in him, and the good
Condud expedtcd from him.
He muft not carry any counterfeit Cockets, or other fiditious and colourable
Ship-papers, that may occafionally involve the Goods of the Innocent with the
Nocent.
Nor
Of SHIPS, ^c.
89
Nor muft he rcfufe the Payment of any juft and ordinal^ Duties, and Port '-'i O'""'
Charges, Cuftoms or Impfts, to the Hazard of any Part of nis Lading) yet, if**'
he otters that which is due and he ought to pa]f, then hr is excufed.
Every Mailer ought carefully to examine his Rigging and TacWe before pro-
ceeding on a Voyage, that he may not fitil with any infuHicicnt and defeftivc;
nor ought he to go with fewer or itnaller Cables than is ufual and rcqitiftte for a
Ship of equal Burthen with his 1 for, if any Damage happens in delivering the
Goods, either into a Lighter or othcrwife, by the Breaking of a Rope or the like,
he muft be anfwerable tor it ; but, when once out of his Cuftody, he is no farther
rcfponfihlej fo that if on taking them out of the Lighter, at the Wharf or Ku-y,
they are any Ways damnified, the Wharfinger then (and not the Maftcr) muft be
accountable for it. But if fine Goods, or the like, are put into a clofe Lighter,
to be conveyed from the Ship to the Key, it is ufual in this Cafe for the Maftcr
to fend a competent Number of his Mariners to look to the Merchandize, and if
then any Part thereof be loft or embezzled, theMafter is refponfible*, nnd n(;t
the Wharfinger; but if fuch Goods are to be fent aboard a Ship, theie the
Wharfinger, at his Peril, muft take care the fanrie be prcfervcd.
On his Arrival at his deftincd Port, his firft Care Ihould be to fee his Ship well '" ^'« '• 9-
anchored and moored, and, after ftie is rcladen, not to depart till ftie is cleared j ^ *,^"' "'
for ifany Damage happens through hisjor his Mariners Fault or Negledl, whereby
the Cargo is prejudiced, he muft anfwer the fei.io.
And as the Law fubjcds him t6 the aforefaid Things in Port, fo it does to many nigi-n i. cum
others in his Voyager; as that if he deviates in his Courle without juft Caufe, or ^J, ^,'^1°. ' '
fteers a dangerous and unufual one, when he may have a more lecurc PafTage
(though to avoid illegal Impofitions he may fomewhat change it) ; nor may he
tail by Places iiifeftctf with Pirates, Enemies, or other Places notoriouily known i,ii
to be unfafe, nor engage his Velfcl among Rocks, or remarkable Sands, not beinc; '''' f^
— - - P *5- - ■ • --■' • ...... o nonc.xcuf.
,ib I.
fod.
nccefiitated thereto by Violence of Wind and Weather, or deluded by falfe Lights.
No Maftcr is anfwerable for the Contrads of his Mariners, but they may be
detained for their Crimes.
He that will charge a Mafter with a Fault, in relation to his Duty, by the
marine Law, muft not think that a general Charge is fuflicient, but he ought to
aftign and fpecify the very Fault wherewith he is fo charged.
So he that will infer, that fuch or fuch a fad Difafter hath happened, or been
occafioncd by reafon of feme Fault in the Mariners, muft not only prove tlic Fault
itfelf, but muft alfo prove that that Fault did difp I'e to fuch a fad Event; or that
luch a Misfortune could not have happened, without fuch a Fault precedent.
If an Infant, being Mafter of a Ship, contradts to bring Goods from any Port ' ^'l^ Abr
to Engliind, and there to deliver them, but does not deliver them a- cording to Agree- ^-^"^^ ^,,,
ment, but waftes and confumes them, he may be fued in t!.e Admiralty Court, ^muh.
although he be an Infant; for this Suit is but in Nature of a Detinue, or a Trover
and Conierjion at the Common Law 5 and a Prohibitioii denied for that Caufe.
A Mafter can let out his Veffel to freight, take in Goods and Paflcngers, mend
and furnifli his Sliip; and to that EfFeft he may (if need be) in a ftrange Countrj',
borrow Money upon the Ship, Ibme of the Tackle, or fell feme of the Merchan-
dize; and in this latter Cale, the higheft Price that the Remainder is fold for,
muft be paid to the Merchant or Owner of them, who in return muft pay Freight
as well lor what (through Neccflity) was fo l^d, as for what remained. Leg.
Oleron i . But if the Ship in the Voljagc afterwards ftiould happen to be call
away, then only ihall be tendered the Price that the Goods were bought for.
By the Common Law, the Mafter of a Ship could not impawn tfie Ship or
Goods; for any Property, either general or fpecial, was not in him, nor is fuch ^ „,^^
Power given unto him by the ConlHtutingof him a MiiiXcr.Yetthc Common Law ( 2...
hath held the Law oiOieron reafonable, that if a Ship fj>rings a Leak at Sea, or ''"'• ". '»■
is in Want of Vidluals, and other Neccffaries, whereby ft)e is either in Danger, a'' q^-i'''"
or the Voyage may be defeated, that in fuch Cafe of NecelVity the Mafter may y- . <)^i-
impawn for Money, or other Things, to relieve fuch Extremities, by employing '^'■'■^^'^',"''
the lame to that End; and therefore he being the Perfon trufted with the Ship s^.i 34^/7.
• Pifch. tt. Cur. ruled at Guild HtU by L C.].Hih.
A a
1-
' i
1
and
r
90
I iiArf. At J.
oiir I RoUt
Abr. jjOi //•
I,
PttrH'ill.ibj,
h R»tm. i;t,
Judgmtnl
Olirtu Ctf.
<«.
Ditto, c ].
Itg- OUtn.
c. la.
XtCat.W.
Ci8.
M
Ld. Kajmni.
p. 398. 63*.
Ditto p 639.
w
0/ S H I p s, e?<-.
and the Voyage, nuy be rcafonably thought to have the Power given to him Im-
plicitly, rather than to fee the whole lolt.
But a MaAer, for any Debt of his own, cannot legally impawn or hypothccat*
the Ship, tSc. for the fame is no Ways liable, but in Cafe of Necellity, fur the
Relief and compleating of the Voyage.
Nor can he fell or difpofc of the (ame, without any Authority or Licence from
the Owners) and when))jBdoes impawn or hypothecate the Vcflcl or i'urniturc,
he ought to have the Confefit and Advice of his Mariners.
A Ship being repaired, Ofr. in the thamtst is not liable, but the Owners.
Though the MaAer cannot on every Cafe of Neccffity impawn the Vclfel or
Furniture} for if Hie be freighted, and he (being an Owner) is to join with the
reft in buying Proviftons for the Voyage, and perhaps he wants Money (a great
Sign of Neceflity) yet cannot he impawn the Velfel or Furniture, otherwilc, or
for more, than his own Shsre in her, the which he may transfer and grant, as
a Man may do an eighth or fifth Part in Land or Houfcs; but fuch Obligation ol
the Veflel muft be m foreign Parts or Places where the Calamity or Necellity is
univerfal on the Veflel, that will oblige all the Owners.
If the Veflel happens afterwards to be call away, and the Mariners by their
great Pains and Care recover fome of the Wreck and Lading, the Mailer in that
Cafe may pledge the fame, and diflribute the Produd among his dillrefl'cd Sailors,
in order to the carrying them home to their own Country: But if the Mariners
no Way contributed to the Salvage, then their Reward is lofl and funk with the
Veflel. And if there be any confiderable Part of the Cargo faved, he ought not
to diflnifs the Mariners till Advice from the Freighters orLadersj for othcrwife,
perchance, he may be made liable.
If Merchants freight a Veflel at their own Charges, and fet her to Sea, and flie
happens afterwards to be weather-bound, the Mafter may impawn either the Ship
or Lading at his Pleafure, or at leaft fuch as he could mofl conveniently raife
Money on, rather than fee the whole Voyage overfet or loft; and if he cannot
pawn the Lading, he may fell the fame, that is, fo much a^ is necefliary; in all
which Cafes his Aft obliges; however. Orders and Inftrudlions from his Owners
are as carefully to be regarded and followed as the Magnet.
When a Mafter ftiall arrive with his Ship at Grave/end, he ftiall not be above
three Days coming from thence to the Place of Difchargc; nor is he to touch at
any Key or Wharf till he comes to Cbe/ter Key, unlefs hindered by contrary Winds
or Draught of Water, or other juft Impediment, to be allowed by the Oflicers:
And likewife he or his Purfer are there to make Oath of the Burthen, Contents,
and Lading of his Ship, and of the Marks, Number, Contents, and Qualities of
every Parcel of Goods therein laden, to the bcft of his Knowledge ; al^ where,
and in what Port (he took in her Lading, and what Country Built, and how
manned, who the Mafter during the Voyage, and who the Owners ; and in Out-
Ports muft come up to the Place of Unlading, as the Condition of the Port re-
quires, and make Entries, on Pain of looJ. Nor is fuch a Mafter to lade
aboard any Goods outwards to any Place whatfoever, without entering the Ship
at the Cuftomhoufe, her Captain, Mafter, Burthen, Guns, Ammunition, and to
what Place flie intends, and before Departure to bring in a Note under his Hand,
of every Merchant that fliall have laid aboard any Goods, together with the Marks
and Numbers of fuch Goods, and be fworn as to the fame, on Pain oi 100/.
Note, There is a Lift of all foreign-built Ships in the Exchequer.
The Mate of a Ship, as well as a Angle Mariner (or a Number of them) may
fue in the Admiralty for their Wages, as the Mate only differs From the Sailors
in Title, being a Servant to the Mafter, with whom he contrails as the
Mariners do.
Upon a Motion for a new Trial in an Adion for a Seaman's Wages, Ho/t,
Chief Juftice, faid, that if the Ship be loft before the firft Port of Deliver)', then
the Seamen lofe all their Wages; but if, after flic has been at the firft Port of
Delivery, then they lofe only thofc from the laft Port of Deliver)- ; but, if they
run away, although they have been at a Port of Delivery, yet they lofe all their
Wages. Ex relatione m'ri 'Jacob.
In
Of SHIPS, e^f. 9t
tn an Adlion brought for Mariners Wasei. for a dyaffc from Carolina td M. if.;«i..<
London, it appeared tnat the Plaintiff lervcd three or four Nlonths, and before the %',\' 'i','^''
Ship came to London, which was the delivering Port, he was imnrcfled into the 4 /»«». Reg.
Queen's Service, and afterwards the Ship arrived at the delivering Port j and ruled /Tjj,',^*' **''^'
by Ho/t on Evidence at GnUdhall, that the Plaintiff Hiould reco'^r pro tanto as he liaJZir
ferved, the Ship coming fafe tothedeliveringPort. Afterwat Is in another Caufe iri "•''^^ **'*''•
Aich an Aftion, it appeared, that the PlamtifF was hifed bv the Dcftndant at
Carolina, to fcrve on Doard the Jane Sloop, whereof the Defendant was Mafter<
from Carolina to England, at y. per Month i that he ferved two Months, then
the Ship was taken by a French Privateer, and ranfbmed, and, juil as (he came off
Phmoutb, the Plaintiff was impreffcd, (ic. and then the Ship came fafe into the
River t'f Thames, where (he difpofcd of her Cargo; and, by Holt, the Plaintiff can
have no Wages, the Ship having been taken by the Enemy and ranfomed. Mr.
Riiymond infixed, that in that Cafe he (hould recover pro rata, and that the Ufage
among Merchants was fo; which Holt faid, if he could prove, it Mrould doj but,
wanting Proof of it, the Plaintiff was nonfuited. ,
The Suit here was for Seamens Wages, ujwn the Arrival of thfc Ship at Guinea. IJ *«»"»»v«
Powell, Juftice, faid, he remembered a Cafe of the like Nature, where a Suit was %ll^*yt,{.
commenced in the Court of Admiralty, by Sailors for their Wages, upon the Ar- &» & *\\(h,
rival of the Ship at Newfoundland i and though the Merchants all held it no Port *'j^', ' J^""
of Delivery, yet the Court of Admiralty held the contrary, and fo did the Court ' "' ''*
of Common-Plcils, upon a Motion for a Prohibition.
Every Seaman that (hall ferve in any of his Majefty's Ships, of- in any Ship be- 7 «"<' 8 *"'"•
longing to any Subjcdls of his Majefty's Dominions, (hall allow out of the Wages j"/,,*' "'
for fuch Service, bdi. per Menfem, for Support of Greenwich Hofpital, (Sc. which
monthly Allowance (hall be collcdlcd as (hall be appointed by the Comm. lioners
for executing the Office of Lord High Admiral.
Licences fliall be given by Order of his Majefty, or the Commi(noners of the Diiio r. 15.
Admiralty, to any Landman defirous to apply themfclves to the Sea-Service, to
fcrve in Merchant Ships, or other trading Veffels, which (hall be a Protedlion
againft being impre(rcd, for two Years following the Ddte of fuch Licences pro-
vided that fuch Landmen bring to the Reeifter two Inhabitants, or known in the
Place where they fo enter themfelves, who (hall a(rcrt their Knowledge of fuch
Landmen for two Years paft, and in what* Bufincfs they have known them
employed} and if any Perfon (hall vouch any one for a Landman^ who (hall be
K roved to be a Seaman, he (hall forfeit 20/. and any Seaman's taking another's
fame, or any Perfon counterfeiting any Licence, (hall forfeit 20 A and be liable
to fuch further Puni(hment, as by Law may be inflidted for fuch Mifdemeanour.
For the better coUedling the Duties oibd.ter Menfem, granted hy y tVill. IIL * »"«' 9 f'"-
Cap. 21. it (hall be lawful for the Commidioners for regiftering of Seamen, or}"; *" '^"
their Deputies, by Warrant, to caufe all Mafters of Ships, not in his Majefty's
Service, to appear before them, and fuch Mafters upon Oath to examine, as to
the Number, Wages, and Time of Service, of every Perfon belonging to fuch
Ships; and if futh Mafters (hall refufe to appear, or (hall obftinately refufc tb
give a Difcovery cf the Matters aforefaid, upon their Oaths, fuch Offenders fliall
lorfeit ! o/. to the Ufcs mentioned in the faid Aft, to be recovered by Adtion, &c.
Repealed, at to the Regiftering of Seamen, iy 9 Ann. Cap. 21. Se£l. 64.
The Commiflioncrs, &c. (hall take the folemn Affirmation of Quakers, inftead Ditto f. 7;
of their Oath.
Forafmuch as diverfe Perfons have perfonated Selmcn, who have ferved, orareoindiowv//,
fuppofed to have ferved on board his Majefty's Ships, and thereby have received ;" ' *'■
Money at the Pay-Office, or elfewhere, and have alfo forged Letters of Attorney, '"
or Bills of Sale, A(rignments, or laft Wills, in the Names of Perfons who have
ferved, or were fuppofed to have ferved, on board his Majefty's Ships, and do alfo •
procure Men and Women to perfonate, and divers wicked Perfons do of their own
Accord perfonate, the Wives, Relations, or Creditors of fuch Seamen, and thereby
have fallcly taken out Letters of Adminiftration to fuch Seamen, or have forged
Letters of Attorney, Bills of Sale, or other Authorities, in the Names of the Ex-
ecutors or Adininiftrators of fuch Seamen, for the Receipt of fuch Wages; every
fuch Perfon, their Aiders or Abetters, that (hall be convided of the laid Crimes,
5 (hall
•f. :.
■'!■;■■■■ •
9^
Of SHIPS, 8f f.
Ditto t. 6.
Okie. f. 7.
« Ai». t. 6.
1.1.
^P
•■il
I":
Diue, r. i.
Sii^o, {. 3.
Ditto, (. 4.
Ditto, r. }.
Ditto, r. 6.
Diiio, f 7.
Uiito. f. 8.
fliaU, over »nd above the Penalties inttidted by any Laws in Foar, forfeit aooA
with Colh, Csfi-.
No Will of any Seaman contained in the fame Inflrununt, Paper, or Panh-
mcnt, with a Letter of Attorney, (hall be good in Law.
No Pcrion (hall take more than 1 x. for the Seal, Writing, or filing forth Lctteri
of Adminiilration, granted to the Wife or Children of any Seaman, dying in the
Pay of his Majefty'n Navy, iinlefs the Goods of fiich Seamen amount to ao/.
and if any OHitcr take more, he Ihall forfeit to the Party grieved 10/.
It (hall be lawful for two Jufticcs of Peace, as alio for Mayors, Aldermen, Bai-
liff's, and other chief Officers and Magiflrates of any City, or Town corporate »
and likewi(c for the Church-Wardens, and Ovcrfcers t)f the Poor of the ("cveial
Pari(hes, with the Approbation of fuch Ju(Uces of Peace, Mayors, fi?f . to bind
out any Boys of the A^e of ten Years or upwards, or who (hall be chargeable, or
whofc Parents are chargeable to the Parim, or who ihr.ll beg for Alms, to be
Apprentices to the Sea-Service, to any of her Miijelly's Subjects, Mailers, or
Owners of any Ship belonging to any Port within Kng/ant/, H'ltia, or Berwick,
until fuch Boys (hall afftain the Age of twenty-one Years 1 and the Age of every
fuch Boy (l»all be mentioned in his Indentures, taken from a Copy of the Regitler
Book, wherein the Time of his being baptized is entered (wncrc the fame can
be had) which Copy (hall be given and attellcd by the Miniucror Curate of IikIi
Parilh, without Fee, and may oe wrote without Stamp : And where no Inch Kntry
can be (bund, fuch Ju(liccs, Mayors, (ifr. fliall inform thcml'elves of liich Boy's
Agt, and inlert the fume in the Indentures; and the Age Co inl'erted, (hall be
taken to be his true Age.
The Church- Wardens and Overfeers of the Parifli, from whence luch Roy
(lull be bound Apprentice, (hall pay to fuch Maftcr, at the Time of his Bind-
ing, 50/. to provide Clothing and Bedding.
The Overfeers of the Poor of every Townrtjip or Village may execute the Pow-
ers hereby dircdcd.
No fuch Apprentice (hall be impre(red, or fufFcrcd to enter into her Majefty's
Service, till he arrive to the Age of eighteen Years.
The Church- Wardens and Overfeers (hall fend the Indentures totheCollcdor
of Cuftoms, refiding at any Port whcreunto fuch Malters of fuch Ships belong,
who /hall enter all Indentures fo fent, and make an Endorlemcnt of the Rcgilhy
thereof, without Fee* and fuch Colledor, neglcdting to enter fuch Indentures,
andendorfe the fame, or making falle Entries, (liall forfeit 5/. for the Uleof the
Poor of the Pari(h, from whence ("uch Boy was bound; and fuch Collector (hall
tranfmit Certificates to the Admiralty, containing the Names ami Ages of every
fuch Apprentice, and to what Ship he belongsj and, upon Receipt of fuch Cer-
tificates, Protedlions (hall be given for fuch Apprentices, till they attain their Ages
of eighteen Years, without Fecj which Certilicatcs arc not required to be wrote
on Aampcd Paper, ^c.
Every Perfon to whom any poor Paridi Boy (hall be put Apprentice, according
to 43 Eliz. Cap. 2. may, with the Approbatit)n of two Juftices of Peace of the
County, dwelling in, or near, the Parilh where fuch poor Boy was bound, or with
the Approbation of any Mayor, Alderman, Bailiff, or other chief Officer or Magi-
Arate of any City, Borough, or Town corporate, where fuch poor Boy was bouiul
by Indenture, turn over fuch poor Boy Apprentice to any Maftcr of nit h Ship,
for the remaining Time of his Apprcnticediip; all which Indentures of Alfign-
mcnt are to be regidered, and Certificates thereof tranfmitted, by fuch Collector
at the Ports where fuch Parilh Apprentices (liall be fo afligncd over, in Manner
aforefaid; and Protedtions (hall be given ("or fuch Apprentices, till they attain
their Age of eighteen Years.
All (uch poor Boys, till they attain their Ages of eighteen Years, (liall be
exempted from Payment o\'bd. per Month to Greenwich HoJ^ital.
All Mailers or Owners of Ships of thirty to fifty Tons, rtiall be obliged to take
one (uch Apprentice, and one more fo"* the next fittv Tons, and one more for
every hundred Tons fuch Ship (hall exceed the Burthen of one hundred Tons;
and fuch Mafter or Owner rcfufing to take fuch Apprentice, (liall forfeit 10/. for
the \J(i: of the Poor of the Parilh, from whence fuch Boy was bound.
Every
4
0/ S H I P S, e^r.
93
Every MaAer or Owner of fuch Ship, after hit Arrival into Port, and before Ditto. (. «.
he clean out, (hall give an Account und.* ' land to the CoUeittor of I'uch Fort
to which he bclongi, containing the Nai. ich Apprentices a* are then in
his Service.
Every fuch Apprentices (hall be fent to the Port to which his Mafter diull be- Oliio, r. le.
long, by the Church-Wardens and Overfears of the Faridi fruni whence fuch
Apprentice is bound, the Charges to be provided, as the Charges for lending of
Vagrants.
The Counterpart of fuch Indentures diall be attcAed by the Cullciitor at the oiue. (. ii.
Port, (where fuch Apprentice (hall be bound or a(rigned over) and the CqnAable,
or other Officer, who (hall bring fach Apprentices, which Conllahle, &c. (hull
tranfmitthe Counterparts of fuch Indentures, to the Church- Wardens and Uver-
feers of the Pari(hes, from whence fuch Apprentices (liall be bound.
Two JiiAices of Peace, dwelling in or near the Ports, and all Mavors, Alder- oiito, r.it.
men, BnilifTs, and other chief Officers and MagiArates of any City, Uurough, or
Town corporate, in, or near adjoining to fuch Port to which fuch Ship (hall arrive«
(hall have Power to enquire mto, and examine, hear, and determine all Com-
plaints of ill Ufage from the MaAers to fuch Apprentices, and alfo of all fuch aa
(hall voluntarily put thcmfelves Apprentices to the Sea Service, as aforefaid, as
in other Cafes between MaAers and Apprentices.
Every fuch Collector (hall keep a RegiAcr, containing as well the Number and oitio, f. ■}.
Burthen of fuch Ships, together with the MaAers or Owners Names, as alfo the
Names of fuch Apprentices in each Ship, beUnging to their Ports, and from what
Pari(hcs fuch Apprentices were fent, and (hall trani'mit Copies of fuch RegiAcr to
the Quarter ScfTions, or to fuch Cities, Boroughs, Towns corporate, PariAies, or
Places, when reouired, for which Copies no Fee (hall be taken, &c.
Every CuAomnoufe Officer, at each of the Ports, (liall infert at the Bottom of oiito, (. 14.
their Cockets, the Number of Men and Boys on board the Ships, at their going
out of every fuch Port, defcribin^ the Apprentice* by their Names, Ages, and
Dates of their Indentures, for which no Fee (hall be taken.
Every Perfon, who (hall voluntarily bind himfelf Apprentice to any MaAcr or i)j„o, ( ,j.
Owner of a Ship, (hall not be impreA into her MajeAy s Sea Service, during three
Years from the Date of the Indentures, which Indentures are to be rcgiAered, and
Certificates thereof tranfmitted by fuch Collcdlor, at the Port where fuch Ap-
prentices (hall bind themfelves, as aforefaid 1 upon Receipt of which, Protedions
(hall be given for the faid firA three Years of their Apprenticclhip, without Fee.
When Parifli Children of the Aga of eighteen Years, and other voluntary Ap- ^^^^^^ f ,.^
firentices (hall he impreAcd, or enter into her MajeAy's Service, the MaAers of
uch Apprentices (hall be entitled to able Seamcns Wages, for fuch of their Ap-
prentices as (hall upon Examination be found qualified.
No MaAer (hall be obliged to take any Apprentice under the Age of thirteen .^. j„.
Years*, or who Atall not appear to be fitiv qualiiied, both as to Health and Strength c. 19. 1. 16.'
of Body, for that Service; and any Widow of the MaAer of fuch Ship, or the Ex-
ecutor, or AdminiArator of fuch MaAer, who (hall have been obliged to take
fuch Pari(h Boys Apprentice, (hall have the fame Power of afTigning over fuch
Apprentices, to any other MaAers of Ships who have not their Comphment, as is
given by the A£t, 2 ^n». Cap. 6. to fucn Perfbns as have taken Apprrritices in
Purfuance of 43 £/ts;. Cap. 2.
No Perfons of the Age of eighteen Years (hall have any Protedtion from her ^j^ ^
MajeAy's Sea Service, who Aiall nave been in any Sea Service before the Time they
bound thcmfelves Apprentii/;^.
To the Intent that the bd.jbtr Menfem may be eflfbdually colleded, every Per- ,^
fon that (hall ferve her Majefty, or any other, in any of her MajeAy's Ships, or in f-
any Ships belonging to Subjeus of Great Britain or Ireland, ox Dominions there-
unto belonging, and every MaAer working in his own Ship, whether cmplcnred
upon the high Sea or CoaAs, or in any Port, Bay, or Creek, (other than fuch Ap-
prentices under the Age of eighteen Years, as are exempted from Payment of 6 </.
per Men/an, by 2 ^nn. Cap. 6. and Perfons employed in any Boat upon ih<;
CoaAs, in taking of Fi(h, which are brought frelh on Shore into Great Britain
* Set th* prtccdine Ad, ScQ. i and 8.
B b and
m
f
,t»J
■(•
lO^aa.C. 17.
9*
Ditto, r. 2.
Ditto, f. }.
v>>!
Ditto, f. 4.
H ■ ■'
■■i[
If? • ■
Ditto, f. J.
Ditto, f.6.
Ditto, f. 7.
Ditto, f. 8.
r\'.--., <•
2.c..4.r.
Ij, i
0/ S H I P S, C^c.
and Irehnd, and Perfons employed in Boats that trade only from Place to Plac^
within any River, or in open Boats upon the Coails) (hall pay the faid bd. per
Menfem, tot the Support oFGr««w»VAHofpital.
The Mafter of every Ship, not in her Majcfty's Service, is required to dedudl
out of the Wages accruing to fuch Seamen, bd. pf Merjem, ar.'l pay the fame to
fuch Officers as ihall be appointf I by the Commiffioiirrs for exe.uting the Office
of Lord High Admiral.
It ftiall be lawful for the Commiffioners executing the Office of Lord High
Admiral, to appoint Receivers of the faid Datv, md to authorize fuch Receivers
to depute the CoUcftors, or oth^r Officers of tiie Cuftoms, of the Out-Ports, and
of the Ports of Ireland, or >:uch othr.r as they (hall think fit, to collcdl the fame;
and it fliall be lawful foi the Commiffioners eiitctuting the Office of Lord High
Admiral, to make fuch Allowance v'o them out of the faid Duties, as they fliall
judge reafonable.
ft frail be lawful for the faid Receivers, or their Deputies, by Warrant, to fum-
mon all Maften, Or (in thoir ABfence) the Owners of Ships, not in her Majcfty's
Service, to appear at the Office of the feid Receivers, Qtr. (fo as the Perfon lum-
moned be not obliged to travel abovti teii Miles) which Receivers, or their De-
puties, are impowcred to examine every fuch Mafter or Owner, as to the Number
and Times of Service of all Perfons belonging to filch Ships, who are chargeable
with the faid bd. fer Mtnjtm; and, if f.-rh Mafters or Owners fliall refufc, when
fummoned (nothaifingareafonableExculi ) to appear, or if they fli.Uobftinp'.sly
fefufe to make Difcovery of the Matters af orefaid upon 'heir Oaths, o. OiaJ' neg-
\tGt 10 pay the Monies due to the Hofpiral within fourteen Days after tiiey fliall
b«j cleared inwards, fuoh OfFcnders (hall fbrfeit 20 A ^c. A nd if any fuch Mafter
(hall attempt to go to Sea \v itft his Ship, b'eforc he harh p^rid the faid Dutic*
for the Voyage preceding, fuch kertSvers, of their Dcptfties, arc impowered to
flop Ibch Ship; and, upon the DWith or Removal of anV Mafter, the Owners flrall
deliver to the fuccecding Matter' d true Account of the laid Duty due to thd
Hofpital, and Money fufficient for the FayiAent of the fame, and, in Dcfiult
thereof, dich Receivers, or thtfir Deputies, may ftop fuch Ship from proceeding
to Sea.
Ih all Ca(es whereby this Aft art Oath is rcouir^d to betaken, the (blemn Af-
fimlation of Quakers Ihall be accepted inftea(l'<if fuch Oathj and, in Cafe any
Quaker (hall, upon fuch Affirmation, declare arty Matter which (hall be falfe,
or if any other Perfon (hall, purfuant to this Aft, willingly mdke a falfe Oath, he
(being lawfully convifted) (hdl fuffcr Hke Puniflirtient, as Peffons conviftcd of
wilful Perjury.
No private Contrafts made by any Seamen (hall obltruift or delay the Payment
of the Duties appropriated to the fiid Hofpitatl.
This Aft (hall be a publicfc Afll, Gfc .
Nothing in this Adt (hall oblige the Payment of the bd. per Menfem^ by any
Maftevs or Servants of the Hrys o^ Vefllels belonging to the Port of Londen, and
imployed withiii the Norii Fatelmd, in bringing Corn, Fi(h, or other Protilions,
*: " London.
The Commiffioners oftheAdrrtirahy(hallconfider as mwlifiedfor anAdmiffion
into the aid Hofpital, any Seaman who (hall OlTir hirnf'*''' to be admitted, and
'Tiall j;-. duce a Certificate of his having been wourided or ^.'lrt in defending any
: liiL belonging to die Subjedts of her Majefty againft fcncmies, or in takJ'-'g nny
Ship from 'he Enemy, and theretiy difabl6d from Sea Service. This Sctl. con-
firmed by % Geo. IL Cap. 29. SeSi. 10.
I^he Governors, Minifters, and ConfuIs« appointed by his Majefty in foreign
'l Parts, or, where none ftich are rcfidcnt, any two Br/V^j Merchants there refiding,
are required to fend and provide for allfeafarlng Mtn and Boys, Subjcdts of Great
Britain, that (halT, by Shipwreck, Capture, or other unavoidable Accident, be
drivdi, or caft away to fuch foreign Parti j and the faid Governors, Off. are re-
quired to fubflft fucli feafaring Men and Boys after the Rate of bd. per Diem
each; and to fend Bills of their Difburfenients, with proper Vouchers, to the Com-
miffioners of the Navy, who are to caufe immediate Payment to be made of fuch
Bills; and the faid Governors, &r. (h'.!'. ^jut the faid Men and tloyson board the
firft
Of G H I P S, ^c. 9i
firft Ship belonging to his Majefty ehat fhall arrive at any Parts within a conve-
nient Diftance; andif no Ship of War (hall be wiiiiinacanvc'cnt Diftfjlllce, they
(hall fend the faid 'fen and Boys on board {y.c\\ Merchant Ships as arc bound for
Great-Britain, and aro in Want of Men Vfi malic up their Corr.pkHlent' \ bilt if
neither Cafe happen, thi'iy (hall provide a Pailage Homeward lb,- fuch IVferl and
Boys in the fir(tMerchani Ship bound for yTreat-Britfri.i -, and ev\-ry Maft'er of a
Merchant Ship Homeward oound from tht nee (hall take on boavd fo mitiy of
fuch Seafaring Men and Boys a. the faid Governors, Qfr. (liall dircift, rtOt exceed-
ing four for each hundred Tons of his Ship.
Every Mafter of a YcfftX who (ha^l produce a Certificate under the Hartt^ of tlie Ditto, f. ij.
faid Governors, Off. certifying the Numbers and Names of the Mc.-* arii' Boys
taken on board by their Direttion, and the Time of taking thtm, and (lull inake
ah Affidavit at his Return, fettlng forth the Time during which he iubflil.c»l
them, and that he did not, during that Time, want of his own Cdrriplcmerifof
Men, or how many he did want, and for what Time, (haU receive from the
ComrnifTioners of tlie Navy bd. per Diem for the PafTage arid ProvifionS of each
Man and Boy, from the Uay of their Embarkation Homewards, to the Day of
their Arrival, or being put into (bme Ship of War ; bd. per Diem only being'
deduAed for fuch Time as he wanted of his Complement.
The (fcveral Adts concerning the Duty of bd. psr Month, payable by all Seart>6ri, » g.». ir.
for Support oi Grcenwich-Ho^jbitat, fliall extend to all Ships belonging to hi« Ma- "P 7«f-«'
jefty's Subjcdls within the idarids of Jerfey, Guernfey, Alderney, Sari and Man,
and within all i.ic Majc(ty's Dominions in jDiierica, as well as to thofe within
Great-Britain and Irelana.
For the better colleding the faid Duty, it (hall be lawful for the Receivers Ditto, f. t. ;;,
thereof to depute any Officer of the Cuftoms in the feveral Ports of the faid
Illaiiidr- ^nd Colonies, or fuch other Perfons as they (hall think fit, to colleft tlie
(arriC ; arid the Commiflioners of the Admiralty may make fuch Allowance to
tliem out of the faid Duty as they (hall judge; reafonable.
The Colledlbrsof the Duties in the Pbrts of the faid Iflands and Colonies (liall Ditto, f j.
fummori and examine upon Oath all Mafters and Owners of Ships belonging to
his Majefty's Subjefts, as by loyfnn. Cap. 17. Arid if any fuch MaAer (hall ne-
gleft to appear and make fuch Difcovcry, fuch Mafter, &c. (hall forfeit 20/. Mo- ,,
ney of Great-Britain.
AllMafters.Gfr. of Ships belonging to the King's Subjects witliin the faid Iflands Ditto, f. 4.
or Colonies, (hall pay fuch Part ofthe faid Duty as (hall be ducat their Arrival, arid
during their Continuance in Great-Britain or It-eland, within the faid Kingdoms;
and fuch Part as (hall I>e due at the Time of t^cir Return to,- and during their
Continuance in the faid Idancts or Colonies, within the faid Iflands andCoIoriies;
and all Mafters, G'f . of Ships belonging to any Subjefls of his Majelly within Oretft-
Britain Or Ireland, who (hall trade from thence to any of the faid Iflands or Colo-
nies, (hall pay the faid Duty of 6d. per Month', only in Great-Britain or Ireiti/iJ.
It (hall be lawful for the Receivers of the Duty, arid their Depnties,- by Warrant, Ditto, f. 5.
to furamon and exan\ine upon Oath all Malkrs, &c. of Ships employed by the
Navy, Viftualling, Ordnance, Cuftoms, Poft'-OfRce, or any other Publick Offices
of the Crown, in the Service of his Majefty ; and if fuch Mafter, &c. refufe to
appear, or to make Difcovcry, or fHall neglccft to pay the faid Duty, they (hall
forfeit ao/.
The Secretaries or chief' Cldrk-s of the Navy, &c. ufually employing S^fiipj^^Jng Ditto, f. 6.
for the Service of his Majefty, (Iiall, on the faitof January in each Year, or with-
in twenty D.vys following, deliver into the OlHce of the Receiver ofthe Duty in
the Port of London, a Li(l of the Ships tliat, in the Year preceding, (hall have
been employed by fuch Offices, and of all Ships which remain in the Service of
fiuh CJflke, aud of fuch as (Iiall be difcharged, and of thcNames of the Mafters,
tf( . and the Number of Seamen employed in every fuch Ship 5 and no Treafu-
rcr, oi- other OfHcer belonging to fuch Office, (hall make out or pay any Bill for
tlie Freight of any Ship fo employed, or pay any Wages to any Mafter, &c. till
fuch Mafter, ^c. (hall produce to fuch Treafurcr, Gfc. an Acquittance flgned by
tlic R«'ceivcr or his Deputy, whereby it fhal! appear that luch Mafter, ^c. hath
paid tiic faid Duty of bd. per Monti), and that he is not more than 30 Days in
Arrear
&v:
M
Uf
9«
Of SHIPS, He.
|9i '
\\ ■ i
1--:^
Arrear to the Horpital j and if Default fliall be made by any Secretary, &c.
he fliall forfeit 50/.
All Maftcrs of Merchant Ships or other private Veflels, liable to the Duty of
6J. per Month, li^all pay the faid Duty before any fuch Ships {hall be cleared
Inwards, in any Ports ot Great-Britain or Ireland, or the Iflandsof Guernfey,Jer-
fey, &c. or of the Colonies in America ; and no Officer of the Cuftoms fhall dear
Inwards any Merchant-Ship liable to the faid Duty, or grant any Warrant, or give
■ or make out any Cocket, 'iranjirds. Returns orDifcharges to fuch Ships, nor fuifer
them to go out of any Port till theMafter, ^c, produce to the Officer an Acquit-
tance figned by the Receiver, whereby it fliall appear, that fuch Mafter, ^c. hath
Said the faid Duty, and that he is not more than thir^ Days in Arrear : And every
lafter of fuch Ship, who fliall neglect to pay the bd. per Month, and alfo every
Officer of the Cuftoms who fliall make Default in the Premifes (hall forfeit 20/.
•Cm. II cap. It <hall not be lawful for any Mafter of a Ship, bound beyond the Seas, to carry
J*" ^ '• any Mariner, except his Apprentices, from the Port where he was fliipped to pro-
ceed on any Voyage beyond the Seas, without firft coming to an Agreement with
fuch Mariners for their Wages, which Agreement fliall be made in Writing, de-
claring what Wages each Seaman is to have for fo long Time as they fliall fliip
themfclves for, and alfo to cxprefs in the Agreement the Voyage for which fuch
Seaman was fliipped ; and if any fuch Mafter fliall carry out any Mariner, except
his Apprentice, upon any Voyage beyond the Seas, without firft entering into fuch
Agreement, and he and they figning the fame, he fliall forfeit 5/. for every fuch
Mariner to the Ufe of Greenwich Hojpital, to be recovered on Information on the
Oath of one Witnefs, &c. and in Cal'e he refufes to pay tlie Forfeiture, it fliall
be levied by Diftrefs, Off.
Ditto, f. t. If any Seaman fliip himfelf on board any Merchant Veflel, on an intended
Voyage for Parts beyond the Seas, he fliall be obliged to fign fuch Agreement
within three Days after he fliall have entered himfelf, which Agreement fliall
be conclufive to all Parties for the Time contrafted for.
Ditto, r. J. If any Seaman fliall defert,or refufe to proceed on the Voyage, or fliall defert In
Parts beyond the Seas, after he fliall have figned fuch Contract, he fliall forfeit to
the Owners of fuch Ship tl:e Wages due to him at the Time of deferting, or rc-
fufing to proceed on the Voyage.
Ditto, f. 4. If any luch Seaman fliall dcfcrt, or abfent himfelf from fuch Ship, after he hath
figned fuch Contrail, upon Application made to any Juftice of Peace by the
Mafter, or other Perfon having Charge of the Ship, it fliall be lawful for fuch
Juftice to iflTue his Warrant to apprehend fuch Seaman ; and if he fliall rcfufc to
proceed on the Voyage, and fliall not give a fufficicnt Reafon for fuch Refufal,
to the Satisfa^ion ofthe Juftice, to commit him to the Houfe of Correction, to
be kept to hard Labour, not exceeding thirty Days, nor lefs than fourteen.
fto, f. 5. If any Seaman fliall abfent himfelf from the Veflel to which he belongs with-
out Leave of the Mafter, or other chief Officer having charge of fuch Ship, he
fliall for every Day's Abfence forfeit two Day's Pay to the Ufe of Greenwich Hof~
ytal.
Ditto, f. 6. If any Seaman, not entering into the Service of his Majefty, fliall leave the Veflel
to ^'Mch he belongs, before he fliall have a Difcharge in Writing from the Mafter,
or other Perfon having the Charge of fuch Veflel, he fliall forfeit one Month's
Pay.
Ditto, f. 7. On the Arrival of any Veflel into Great-Britain, from Parts beyond the Seas,
the Mafters (hall pay the Seamen their Wages, if demanded, in thirty Days after
the Veflel's being entered at the Cuftom-houfe (except where a Covenant (hall be
entered into to the contrary) or at the Time the faid Seamen fliall be difcharged
which (hall firft happen, dedudting out of the Wages the Penalties by this Adtim-
pofed, under Penalty of Paying to fuch Seamen that (hall be unpaid 20s. over
and above the Wages to be recovered as the Wages may be recovered ; and fuch
Payment of Wages fliall be good in Law, notwithftanding any Adion, Bill of
Safe, Attachment, or Incumbrance what(bever.
Ditto, f. 8. NoSeaman, by figning fuch Contraft, (hall be deprived of ufing any Means for
the Recovery of Wages, which he may now lawfully ufe ; and where it (hall be
necefl*ary that tlie Contract in Writing (hould be produced in Court, no Obliga-
tion
0/ S H I P S, @>f *
^1
tion (hall lie on ahy Seaman to produce the fame, but the Mafter or Owner of
the Ship ; and no Seaman (hall fail in any Adtion or Procefs for Recovery of
Wages, for want of fuch Contract being (iroduced.
The Mafters or Owners of Ships fhall have Power tb deduct out of the Wages Ditto, f. g.
of any Seamen all Penalties incurred by this Adt, and to enter them in a Book,
and to make Oath, if required, to the Truth thereof; which Book Hiall be Hgn-
cd by the Mailer aiid two principal Officers belonging to fuch Ship, fctting forth,
that the Penalties coitiancd in fuch Book are the whole Penalties ftopt from any
Seamen during the Voyage ; which Penalties (except the Forfeiture of Wages to
the Owners, on tJit Drfsrtion of any Seaman^ or on refusing to proceed on the
Voyage) Hiall gn to the (Jfc of Greenivicb HoJ'pital, to be paid and accounted for
by the Mafters of Ships coming from beyond the Seas to the fame Officer at any
Port, who coUcdts the bd. per Month, which Officer (hall have Power to ad-
minifter an Oath to every Mafter touching the Truth of fuch Penalties.
If any Mafters or Owners of Ships ftiafi deduct oiit of the Wages of any Sea- oiito, f. loi'
men any of the Penalties by this Aft diredled, to the Ufe of Greenwich Hofpital,
and ftiall not pay the Money to fome Officer who collcfts the td. per Month, in
the Port where the Deduftion (hall be made, within three Months after fuch
Deduction, they ftiall forfeit treble the Value to the Ufe of the Hofpital ; which,
together with the Money deducted, fliall be recovered by the liune Means, as the
Penalties for not duly paying the td. per Month.
This Aft (hall be a publick Aft. f. 1 1.
This Aft (hall continue five Years, tSc> f. u.
Noihing in this Aft (ball debar any Seaman from ehtering into the Service off. 13.
his Majcfty ; nor (hall (u"h Seaman (or fuch Entry forfeit the Wages due to him
during his Service in fuch Merchant Ship j nor (hall fuch Entry be deemed a
Defertion.
Continui.d by 8 Geo. II; Cap. 21. f« 25 March, 1749, G?c. Farther continued
by 2T, Geo. II. p. 487. /o 25 March, 1764; and from thence to the End of
" the then next Seffions of Parliament.
Where anyOoods (hall be laden on board arty Englijb Ship of the Burden of two « and 13
hundred Tons or upwards, and mounted with fixteen Guns or more, if theCom- '•'"■•"• '»?•
mandcr (hall yield up the Goods to any Tirkijh Ships, or to any Pirates or Sea Ro-
vers, without fighting, he (hall, upon Proof thereof made in the Court of Ad-
miralty, be incapable of taking Charge of any Englijb Ship as Commander j and
if he (hall hereafter take upon him to command any Englijb Ship, he (hall fuft'er See page ;;.
Imprifonment by Warrant from thefaid Cnnrt during fix Months for every Of- j i and 1 4 c«r.
fence; and in Cafe the Pcrfons taking the faid Goods (hall rcleafe the Ship, or f. j j""^' "'
pay unto the Mafter any Money or Goods for Freight, or other Reward, the faid
Goods or Money or the Value thereof, as alfo the Mafter's Part of fuch Ship fo
releafed, (liall be liable to repair the Perfons whofe Goods were taken, by Aftion
in the Court of Admiralty ; and in Cafe the Commander's Part of the Ship, to-
gether with fuch Money and Goods, (hall not be fufficient to repair all the Da-
mages fuftained, the Reparations recovered on the Mafter's Part of the Ship (hall
be divided pro rata, amongft the Perfons profecuting and provit g their Damages,
and the Perfons damaged (hall have their Aftion againft the M^xfter for the Re-
mainder.
No Mafter of any fuch Englijb Ship, being at Sea, and having difcovcred any Ditto, r. 3.
Ship to be a Turkijh Ship, Pirate, or Sea Rover, (hall depart out of his Ship.
If the Mafter of any Englijb Ship, tho' not of the Burthen of two hundred Ditto, f. 4.
Tons, or mounted with fixteen Guns, (hall yield his Ship unto any Turki/lj Ship,
Pirate, or Sea Rover, (not having at leaft his double Number of Guns) without
fighting, fuch Mafter (hall be liable to all the Penalties in this Aft.
Upon Procefs out of the Court of Admiralty, it (hall be lawful for all Com- Ditto, f. 5.
manders of his Majcfty's Ships, or the Commanders of any other EngliJJj Ships,
to fcize fuch Ships or Mafters fo o(fending, according to the Procefs, and the
fame to fend in Cuftody into any Ports ot his Majcfty's Dominions, to be pro-
ceeded againft according to this Aft.
Provided that none be hereby encouraged to violate the Rights of the Port of Di to, f. 6.
any foreign Prince or State in Amity.
C c If
SW
«
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■ii"
m-
i-.n^ "
i ■ ■
: *-'■-
I-
|i 1
98 6/ s H I p s, eff.
Di;w, f. 7. If the Mariners or inferior Officers of any Englijh Ship laden with Goods fliall
decline or refufe to fight, and defend the Ship, when they Hull be thereunto
commanded by the Mafter, or (hall utter any Words to difcourage the other Ma-
riners from defending the Ship, every Mariner who (hall be found guilty of de-
clining, or refuflng, as aforefaid, (hall lofe all his Wages due to him, together
with (uch Goods as he hath in his Ship, and fuffer Imprilbnment, not exceeding
fix Months, and (hall during fuch Time be kept to hard Labour for his Main-
tenance.
Ditto, f. a. Provided, that if any Ship (liall have been yielded, contrary to the Will of the
Commander, by the Difobediencc of the Mariners, tcftified by their having laid
violent Hands on him, the Mafter (hall not be liable to the Sentence of Incapaci-
ty, nor to any Adtion for the Lo(res fuftained by the Merchants, unlcfs he (hall
have received back from the Takers his Ship, or fome Reward.
Ditto, f. g. Every Mariner who (hall have laid violent Hands on his Commander, to hin-
der him from fighting in Defence of his Ship and Goods, (hall fufi^er Death, as
a Felon.
Ditto, f. 10. When any Engli/h Ship (hall have been defended by Fight, and brought to her
Port, in which Fight any of the Officers or Seamen (liall have been wounded, it
(hall be lawful for the Judge of Admiralty, or his Surrogate, or the Judge of th&
Vice-Admiralty, within which the Ship (liall arrive, upon Petition of the Mafter
or Seamen, to call unto him fuch as he fliall be informed to be Adventurers, or
Owners of the Ship and Goods, and by Advice with them to raife upon the Ow-
ners and Adventurers by Procefs of the Court fuch Sums of Money, as himfelf,
with the major Part of the Adventurers or Owners prcfcnt, fliall judge reafona-
ble, not exceeding two per Cent, of the Ship and Goods, acti ding to tlie firft
Coft of the Goods bv the Invoice (which the Owner or his Fadtor is to produce)
or by the Oath of the Owner, or his Correfpondent, which Money (hall be paid
to the Regifterof the Court, who (hall receive ^d. in each Pound, thence to be
diftributed amongft the Captain, Mafter, Officers, and Seamen of the faid Ship,
or Widows and Children of the Slain, according to the Diredion of the Judge,
with the Approbation of three or more of the Owners or Adventurers, who (hall
proportion the fame unto the Ship's Company, having fpecial Regard unto the
widows and Children of fuch as fliall have been (lain, and to fuch as (hall have
been wounded or maimed.
In Cafe the Company belonging unto any Englijh Merchant Ship fliall take any
Ship which (hall firft have aflaulted them, the Officers and Mariners (hall, after
Condemnation of fuch Ship and Goods, have fuch Part thereof as is pradtifed ia
private Men of War.
If any Captain, Mafter, Mariner, and other Officer belongingto any Ship (hall
wilfully caft away, burn, ordeftroy the Ship, or procure the lame to be done,
he (hall fuffer Death as a Felon.
Tbii lajl Sedt. is the fame per i Ann. St. 2. Cap. 9. and is fomething enlarged
by 1 1 Geo. I. Cap. 29. SeEl. 5.
No Commander of any Ship outward bound (hall receive on board any Gun-
powder, either as Merchandize or Store for the Voyage, (except for his Majefty's
Service) before fuch Ship (hall be over-againft 5/rtfiuw//, upon Pain of forfeiting,
for every fifty Pounds Weight of Gunpowder 5/. and in Proportion for a le(rcr
Quantity.
The Commander of every Ship coming into the Thames fliall put on fliore all
Powder, either before the Arrival of fuch Ship at Blackii'all, or within twenty-
four Hours after a Ship (hall come to an Anchor there, or at the Place of her un-
loading, upon Pain of forfeiting 5/. for every fifty Pounds Weight of CJunpowder
found on board, and in the like Proportion for alels Quantity ; and if any Gun-
powder (hall be found on board fuch Ship above Blackball, after the Time limit-
ed for unloading the fame, the Commander of every fuch Ship ilirll for every
fiftyPoundsWeightofGunpowderforfeitc/. and in Proportion for a IcfTcrQuantity.
Ditto, f. ^. If any Commander or other Officer of any Ship, (except his Majefty's Ships)
(hall, while fuch Ship (hall be in the River of 7i6<j/«w, between London-Bridge and
Blackwall, keep any Gun (hotted, or (hall (ire, or permit to be iircd, any Gun
gn board fuch Ship, before Sun-Rifing, or after Sun-Setting, fuch Commander,
or
Ditto, (.11.
Ditto, r. 1 2.
') Gia IT, cap
20. i. 2,
>itto, f. 3.
Of SHIPS, ^c.
99
or Officer, ihall, for every fuch Gun fo kept fliotted, forfeit 5^. ami for every CJim
fo fired loj. And if any Commander, or other Officer of any Ship, or any other
Perfon on board, (hall, while fuch Ship ftiall be in the River, between London-
Bridge and B/rif if ifj//, permit to be heated, or melted on board UichShip, anyPitch,
Tar, Rofin, or other combuftible Matter, every Perfon fo offending ihall forfeit ?/.
It (hall be lawful for thcMafter, Wardens, and Ailiilants of the Trinity- Hoitf', Dino, 1 5.
by Inllrument under their common Seal, to authorize an elder Brother toj^'o in a
Boat between Sun-Rifing and Sun-fetting to any Ship, and to go on board the
fame (his Majefty's Ships always excepted) in order to fearth for Powder, Guns
(hotted, and the Heating and Melting combuiUblc Matters, within the Limits
wherein fuch Offences are prohibited ; and if the Commander or other Oiliccr in
fuch Ship (hall, upon Demand, refufe to permit any Perfon fo authorized to come
on board fuch Ship, and make due Searcn, every fuch Commander, or Officer,
fliall forfeit 5/.
In Cafe any Ship (hall be laid up or moored in St. Saviour's Doc It (exxept fuch Ditio, f. 10.
Ships as (hall be loading, or delivering their Cargoes, and except fuch Ships, not
exceeding two at one Time, as (hall lie at Sbip-Wright-Yard, at the North- Weft
Corner of the Dock, during the Time fuch Ships (hall be repairing) the Mafter
of every fuch Ship (hall forfeit for every Day fuch Ship (hall fo continue to be
laid up and moored zoi.
Every Perfon herein-mentioned (hall be exempted from being imprefled into i3(»v». il. p.
his Majefty's Service, that is to fay, every Perfon being of the Age of fifty-five ''>'
Years, or under eighteen Years, and every Foreigner whether Seaman or Land-
man, who (hall ferve in any Merchant Ship or Privateer belonging to the Sub-
jedts of Great-Britain.
Every Perfon of what Age foevcr, who (liall ufe the Sea, (hall be exempted from Ditto, p. 306.
being in\prefl'ed for the Space of two Years, to be computed from his lirf^ going
to Sea ; and every Perfon who having ufed the Sea (hall bind himfelf Apprentice
to ferve at Sea, (hall be exempted for the Space of three Years, to be computed
from the Time of Binding.
The Preamble to the following Aft obferves, that by one made the 7 and 8 Will, so Cio, ll. p.
III. certain Encouragements were given for Seamen to regifter themfelves for his ^^'^'
M.ijefty's Service; a^.dif anyfuch (hould by Age or other Accidents be difabledfor
future Service, and (hould not be able to maintain themfelves comfortably, and
the Children of fuch difabled Seamen, and the Widows and Children of fuch of
them as (hould be killed or drowned in Sea Service, were to be provided for in the
Royal Hofpital at Greenwich, fo far as the faid Hofpital (hould be capable to re- p- 836.
ceive them, and the Revenue thereof would extend ; and for the better Support of
the faid Hofpital, td, per Month is by the faid Adt to be allowed out of the Wa-
ges of every Seaman in the Merchant's Service, as well as in the Navy, and that
fo much of the faid Adt as relates to the Regiftering of Seamen was repealed by
an Adt of 9 Ann. whereby every Seaman in the Navy (though not regiftered) is
intitled to the Benefits of the faid Hofpital ; and that by an Adt of i o Ann. any
Seaman is to be confidered as fully qualified for an Admiftion into the faid Hofpi-
pital, who (hall produce a Certificate of his having been hurt and difabled for
Sea Service, in defending any Ships of the Subjedts of this Kingdom againft an
Enemy, or in taking any Ship from an Enemy. And that by an Adt of 8 George I.
every Seaman on board a Merchant Ship, who (hall be maimed in Fight againft
any Pirate, is to be admitted into the faid Hofpital, preferable to any other Sea-
man, difabled merely by Age: And that by an Adt of 8 Geo. II. Seamen on board
any Merchant Ship, who (hall be maimed in Fight againft an Enemy, (hould be
admitted into the (aid Hofpital, in like Manner as any other Seamen, wounded or
difabled in his Majefty's Service : And whereas the faid Hofpital is not capable
to receive, nor the Income thereof fufficient to provide for the Seamen in the Ser-
vice of the Navy, intitled to the Benefits thereof, fo that the Seaman in the Mer-
chant's Service, maimed and dil'abled in Fight, and proper Objedts of Charity, have p. 83;.
feldom or never been admitted into the faid Hofpital; and as there is no Provifion
made by either of the faid Adts for fuch Seamen in the Merchants Service as are
difabled by accidental Misfortunes, or for thofeworn out by Age, or for the Wi-
dows or Children of fuch as (hall be killed or drowned in the faid Service, and
,1 'M^i
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m
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hi
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loo 0/ S H I P S, &^i\
as the Seamen in the fald Service are wtllinff to allow 6</. per Montli out of theii
Wages, to be applied for the Relief of fucn as ihall be difabled or worn out by
Age, and of the Widows and Children of thofe killed in the laid Service ; and
as they have, during the Courfe of this War manifcdcd their Courage, und deferve
all due Encouragement ; and the eilabliihing the faid Charity will tend tu the
Honour and Good of the Public, it is enacted, thaXjilexandir Hume, John Btijlow,
John Bance, Efqrs. &c. and their SuccefTors, to be elected in the Manner hereaf-
ter appointed, mall be one Body Corporate and Politick, by the Name of Tie
Prejaent and G(n>ernorsJ'or the Reluf and Support of'Jick, maimed, and difahled Sea-
men, and of the JVidows and Children offuch as Jhatlhe killed, Jlain, or droivnedin tbi
Merchants Service, and that by the fame Name of The Prejident and Governors,
they (hall have perpetual Succeflion, and a common Seal, with Power to alter the
fame as often as they (hall judge expedient ; and by the fame Name r / fue and
be fued, plead and be impleaded, &r. in all Courts of Record and Places of Judi-
cature within this Kmgdom ; and that they and their SuccefTors may receive and
enjoy in Truft for the Purpofes of this Aft ail fuch Sums of Money as are granted*
and fhall be raifed by Virtue of this Aft, or (hall be contributed or bequeathed
by well-difpofed Perfons j and may at any Time hereafter, without Licence in
Mortmain, purchafe or receive any Lands, Tenements, or Hereditaments, or any
Eilate or Intcrcft therein, fo that the fame be only for the Scitc of, or to be convert-
ed into an Hofpital, with Offices, and Appurtenances neceflary forthc faid Purpofes*
p. 8j9. The Prefident and Governors fhall provide in the faid Hofpital for the Recep-
tion of Seamen rendered incapable of Service, or fhall allow them certain Pen-
fions, or otherwife as they fliall think moft for the Advantage of the faid Chari-
ty J and (hall alfo relieve the Widows and Children of fuch Seamen as (hall be
killed or drowned in the faid Service, provided fuch Children are not of the Age
of fourteen j or if of that Age or upwards, they are incapable of getting a Liveli-
hood, by Reafon of Lamencis, Blindnefs, or otner Infirmities, and are proper Ob-
jefts of Charity j and iliall make reafonable Allowances to thofe who niall lofc an
Eye, or Limb, or be otherwife hurt in fighting, defending, or working the Ships
in which they ferve, or in loading or unioadine the Cargoes, or otherwife how-
fbever in doing their Duty, in Proportion t Uie Damage they (hall receive, fo
far as the Revenues will extend for the faid « urpofes, according to fuch Rules,
Orders, and Regulations as fhall be eftabliihed in Purfuance of this Aft.
No Seaman in the faid Service (hall be intitled to any of the Benefits of this Aft,
urlefs he (hall produce a Certificate of the Hurt, Off. received, to the Prefident, Af-
fiftants, and Committees, herein after named, from theMaAer, Mate, Boatfwain,
and Surgeon, or fo many of them as were in the Vefi'el to which he belonged at
the Time of receiving fuch Hurt; or of theMafter, and two of the Seamen, if there
is no othcrOfficer ; or in Cafe of the Death of thcMafter, then of the Perfon who
ihall take upon him the Care of the VefTel, and two of the Seamen on hoard, under
p. (40. their Hands and Seals, fignifying how and in what Manner he received fuch Hurt,
where and when he entered, and how long he had ferved on board; and the Parties
giving fuch Certificates fhall make Oath of the Truth of the Contents before fome
Juftice, if given in any of his Majefly's Dominions, or the chief Officer of the
Cuftoms of the Place where there is noJu(tice, or before the Britijh Conful, of
Refident in any foreign Country where fuch Certificate is executed (who are to
adminifter the fame without Fee j) and in Cafe of Sicknefs, whereby fuch Sea-
men (hall be rendered incapable of Service, a Certificate in like Manner, fignify-
ing that he was healthy when he entered on board, and that the fame was con-
trafted in doing his Duty in the oervice of the Ship, and not otherwife ; and no
Widow or Children, of any Seaman, killed or drowned in the faid Service, (hall
be intitled to any )Ulowancc bv Virtue of this Aft, unlefs they (hall produce a
Certificate, authenticated in like Manner, fignifying how fuch Seaman loft his
Life in the Service of the faid Ship, the Time and Place he entered on board, and
how long he had ferved therein ; and alfo another Certificate under the Hands
and Seals of the Minifter, and Church- Wardens, and Ovcrfcers of the Poor of the
Pari(h or Town(hip, or any two of them, or of the Minifter and Ovcrfeers of the Poor
where there are no Church- Wardens (and if fuch Widows orChildrcn arcQuakers*
then under the Hands of two reputable Perfons of that Perfuaiion) of the Place
wheri
0/ S H I P S, ^^. ,ot
where fuch Widow or Children have a legal Settlement, or refide, to be atterte d
by two or more credible Witneflcs, that Ihc was the lawful Wife, and they the p. 8+1.
Children of fuch Seaman, and under the Age of fourteen ; or if of that Age or
upwards, not capable of getting a Livelihood, by Rcafon of Lamencfs, Blindnefs,
or other Infirmities, and arc proper Objcdls of Charity ) and no Seaman (hall
be provided for by a Penfion, or otherwife, as decrepid or worn out, unlcfs he
fliall have ferved five Years in the Merchant's Service, and paid 6</i per Moiitli
out of his Wages for that Time, for the Purpofes of this Adt*
If any Perfon fliall forge, counterfeit, alter, or unfairly obtain anv fiidi Certi-
ficate, the fame, upon Difcovery thereof, fhall be null and void, and the Pcrroti
applying for Relief fliall be for ever incapable of receiving any Ik-ncfit fiom this
Adl, and fliall be punifhed as an incorrigible Rogue.
For the moreconftant and ordinary Manage; icntof the Monies to he mifcd for
the Purpofes aforcfaid, there fliall be for ever hereafter, from 'f'itnc to 'I'imc, a
Prcfident, and twenty-one Afliftants, and Committees of the (iiici t'ornorntiun;
and Henry Norris, fenior, Efq; fliall be the firft: Prcfident, and Akxandir Huiih;
Efq; Sir Peter Thompfon, Knt. Robert Nettleton, Robert Thornton, Jo/.m Smit/.',
Peter Dn Cane, "Jojiits Wordfwortb,'Jofeph Fa-wthorp, Efqrs. 'yojiah Chitty, Hci.ry
Norris, jun. William Black, John Hanbury, John Weylaud, Robert Diuvly,
Thomas Hyam, James Brogden, Stephen Theodore JanjJ'en, John Thomliufon, Nfcr-
chants ; Mafler Thomas Bennet, Mafter John Canbam, Mailer Adam Spencer,
the twenty-one AfTiftants or Committees.
The faid Freiidcnts and Afliftants before named, fliall continue fo to be till the p. ?^u
24th of June, 1 748, on which Day yearly, or within five Days before or .-iftcr
(ten Days Notice being firft given in the London Gazette of the Day fixed by
the General Court of the faid Prefidcnt and Governors) a ncwElcdionofa Prc-
fident and twenty-one Afliftants fliall be made for the Year following, and taken
by the f.iid Prefident and Governors then prefent.
At all General Courts of the Prefident and Governors, and at the feveral full
Courts of Afliltants, the Prcfident fliall have a Vote, and adl as a Member j and
in Cafe of an Equality of Votes, fliall have the carting V^oice.
There fliall be four General Courts at leaft held every Year, viz. on the 24th of
June, the 29th of September, the 25th of December, the 2 5th of March, or within
five Days before or after either of the faid Days, of which ten Days Notice fliall
ht ^neninthz London Gazette; and the Prefident and AlMants may call a General
Court at any other Time, as the Affairs of the Corporation fhall require, or at the
Requeft of thirteen Members, fignifying the fame by Writing under theii Hands;
provided Notice be given as aforefaid of the Time and Place of Meeting.
The Prefident, with five or more of the AfTiftants, fhall maLe a full Court ofr. s+j.
Afliftants, or Committees ; and fhall meet upon Wednefdavs weekly, in or near
London, or at fuch other Time and Place as they fhall appoint ; and fuch Court
when afTembled fhall have Power to apply the Monies arifing hy this Adt for the
Relief of fuch Seamen, and their Widows and Children, as are before defc ribed ;
and to layout the Surplus thereof, and any Monies contributed by well-dilbofed
Perfons, in Parliamentary Securities, or in the Purchafc of fuch Lands. &V. as are
before allowed; and under their common Seal to enter into any Contracts for the
Purpofes aforefaid, for the better carrying on the faid Charity; and to appoint and
remove at Pleafurc any Oflicers and Servants, or other Perfons employed (except
fuch Officers and Perfons as are dircded to be chofen at a General Court of the
Corporation) and appoint fuch Salaries, Perquifites, or other Rewards for their Ser-
vice, as they fhall think proper; and to tranfa*^ and determine all fuch Matters
as fhall appear to be necefTary foreffedting the Purpofes hereby intended.
The Management and Accounts of the Prefident and Affiflants fhall be liable
to fuch Audit and Infpcdtion, Allowance, Difallowance, and Controul of all or
fuch of the Members, as by any By-laws of the Corporation fhall be appointed.
There fhall be a Receiver of the Corporation, who fhall be chofen by a Ma- p. 84,.
jority of the Prcfident and Governors in a General Court as aforefaid, who ihall
be allowed fuch Salary as they fliall think proper, and be removed at Pleafure,
and another Perfon chof'e in his Room.
If anv Vcicancy fhall happen by Death, or Removal of any Perfon chofen at a
General Court, it fliall be filled up at a General Court of the Prefident and Go-
vernors, after ten Davs Notice given of fuch Eledion in the London Gazette.
t> d For
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For keeping up a competent Number of Members, and for perpetuating the
Succeflion thereof, and tor filling up the Places of Prcfident und Aliill^uit^, the
Prcfident and thirteen Governors preH-nt at a General Court to be held as afore-
faid, fhall eledt other fit Perfons to be Members in the Room of fuch of the Per-
fons above named, or to be from Time to Time eleded Members, who fliall
die, or refufe to accept of, or continue to be Members.
The Prefident and thirteen Governors, a^Tembled in a General Court, may make
and conftitute fuch By-laws, &c. as (hall fcem neccffary for the eftablirtiing the
faid Corporation, and the Officers, Servants, and Pcrfons employed by themj and
p. l45- for the applying the Money, and providing for the Pcrfons intitlcd to the Benefit
of this Adli and for the auditing the Accounts, and the controlling, allowing,
or difallowing the Tranfaftions of the faid Prefident and Aififtants, and of the
Officers, Servants, andPerfonsj and for putting the faid Laws in Execution,
and for revoking and altering the fame at Plcafure ; which By-laws, (ffc. ihall he
duly obferved, lo as they be reafbnable, and not repugnant to the Statutes, Cul-
toms, or Laws of this Kingdom, or any of the eicprefs Regulations of this AiH:.
If the Prefident (hall at any Time not attend, the Court of Affiflants, or (Jo-
vernors at a General Court, fnall depute any other Member to prcfide and adt an
Prefident in his Abfence, and do all other Adls and Things at the faid Courts as
the Prefident is impowercd and required to do.
For the Encouragement of Benefactors to fb good a Defign, it is enadlcd, That
if any Perfon (hall at one or more Payments contribute 50/. for the Purpofes of
this Adl, hefhall be declared a Governor of the faid Corporation.
f. J46. Every Seaman, or Perfon employed in any VcHel belonging to a Subjeft of
England, and every Mafter or Owner navigating the fame (other than fuch Ap-
Srentices under the Age •f eighteen, as are exempted from Payment of 6J. fer
fonth to the Hofpital at Greenwich, by an Aft of 2 Anna, and Pcrfons employed
on the Coafts of England in taking of Fifli brought frelh on Shore ; and Pcrfons
employed in Boats or VefTels that trade only from Place to Place within any
River in England, or in open Boats upon the Coafts thereof) and Pilots em-
ployed on board VtfTels fhall, after the 29th of September, 1747, pay i>d. per
Month, and propoi tionably for a lefler Time, during their Employment, for
the Purpofes aforefaid.
The Mafter, Owner, or Commander of every Vcflel, is to dcdu6t out of the
Wages, G?f. of every fuch Seaman, Gfr . (except as before excepted) the faid Duty
of 6</. per Month, and (hall pay the fame to fuch Receivers as the Prefident and
Governors, or the Truftees of the Out-ports, ftiall appoint, if fuch Seamen, &c.
(hall have, or be intitled to any Wages, Shares, or Profits.
P- *4:- The Prefident and Governors, at a full Court of Ailiftants, fliall appoint One or
more Receivers of the faid Duty at the Port of London; and alfo depute the Col-
ledlors or other Officers of his Majefty's Cuftoms, in the fevcral Out-ports of
England, or other Perfons, to receive the fame there (except in fuch Out-ports
where feparate Truftees (hall be appointed by Virtue of this Aft) and the faid
fcveral Receivers are required to colleft and pay over the faid Duty, according to
the Inftruftions in Writing, which (hall, from Time to Time, be fent them by
the Prefident and Governors ; for which Allowances fhall be made them out of
the faid Duties, as the Prefident and Governors fhall think fit.
Every Mafter, or other Perfon navigating, or having the Care of any Merchant
VefTel, fhall keep a Book by Way of Mufter-roll, in which fhall be entered his
own, and the Names of the Perfons employed on board, with the ufual Place of
their Abode when on Shore; and over-againft each Name the Time and Place of
entering into fuch Service, and in what Ship he performed his laft Voyage; a
Duplicate whereof fhall be figned by the faid Mafter, or other Perfon having the
Care of fuch VefTel, and fliall be delivered, before her Departure, to the Colleftor
of the faid Duties, at the Port to which fhe belongs; and the faid MaOcr, &(-. fhall
p }^g. keep fuch a Mufter-roll during the Voyage, and fhall enter when and where any
Perfon fhall be difcharged from, or fhall leave or defcrt fuch Veflel, and others
(hipped on board, defcribing them as before direfted; and when and where any
of them received any Hurt or Damage, or were killed or drowned ; a Duplicate
whereof ihall be figned and delivered as aforefaid, at the Ship's Return to th:
Poie
li^v:
J.t.::1 ,
■,.w!
Of SHIPS, ^c.
103
Port to which flie belongi; true Copies whereof Hiall be made, and (i!cd hy the
CuUedors, and tlie original Duplicates trunfmitted by them to tlie Prclidcnt and
Governors, to be filed and kept by fuch OHker as they (hall ap(X)int : And the
faid Maders and Receivers, &t-. in Default of any of the IVcmilcs, Ihall fcvcrally
forfeit 20/. Sterling for every fuch Offence.
For the better Difcovery of what fliall be due from Perfons fcrving on hoard
Merchant Ships, Csfr. the CoUe^ors (hall fummon, by Warrant under their HandR,
all fuch Madcrs, ^c. or (in their Abfencc) the Owners of luch Vclfcls, to appear
at their OHice (lb as they be not obliged to travel above ten Miles for the making
fuch Appearance) and to examine them upon Oatli (which Oatii the faid Collec-
tors are to adminifter) to the Truth of the Copy of fuch Mullcr-roll, and the p. (49,
Number and Times of Service of each Pcrfon chargeable with the faid Duty; and
iipon their Rcfufal to appear, or make Oath as aforefaid, they iliall be fined 20/.
Sterling.
For the more eafy and effcdtual colleAing the faid Duty from the Maftcrs, ^c,
of Merchant Vcflcls employed in the Service of his Majefty, I ; Secretaries or
Chief Clerks of the publick Officers of the Crown, ufually hiring, ifc. Vcflels for
that Service, Hiall deliver a Duplicate of the Lift of the Numbers and Names of
fuch Ships, and of the Mafters and Owners thereof refpcdtively, and of the Sea-
men, Sff. to the CoUcdtors of the faid Duty at the Port oi Lontion, or Out-ports
to which they fcvcrally belong, as is by an Adtof 2 Geo. II. to be delivered to the
Colleftorof the Port of Lonaoti, of the Duty of 6</. per Month given to the Royal
Hofpital at Greenwic6; and the faid Secretaries and other Ortitcrs belonging to P- Sjo.
the faid Offices, and the Mafters, &c. of fuch Veflcls, fhall do every other Aft
for the due Payment of the Duty, as is required to be done by the laid Ad of
2 Geo. II. for the Payment of the Duty of 6</. per Month to the faid Royal Hof-
pital, and (hall be liable to the like Penalties and Forfeitures for any Default
herein.
Every Mafter, &£•. liable to the Payment of the faid Duty, fhall pay all fuch
Monies as Hiall, from Time to Time, be due to the Collectors appointed, at the
Port only to which fuch Veffel does belong, and before fuch Veflcl (hall be
cleared inwards, by the Officers of the Cuftoms in any of the Ports of Eitgldud;
and no Officer of the Cuftoms ihall clear inwards any Merchant Ship liable to the
faid Duty, or grant any Warrant, Cocket, Tranfire, Return, or Difcharge, or fuf- p. 851.
fer fuch VclTel to go out of Port, until the Mafter, CSc. fliall produce a Certifi-
cate from the Receiver of the faid Duty being fully paid, and that he is not more
than three Months in Arrear for the lame, or that he is exempted from the
Payment of the faid Duty by Virtue of the Exceptions herein contained ; and the
Perfons making Default in any of the Premifes, or acting contrary to the Di-
reftions before-mentioned, (hall forfeit 20/. Sterling for every fuch Offence.
If the Mailer, £sf<r. ihall not produce fuch Certificate to the Tide-Surveyor,
when he flvall come on board to clear fuch Veffel, the Tide-Waiter ihall be con-
tinued on Board at the Expence of fuch Mafter, Owner, or Commander, until
i'uch Certificate is produced.
In all Cafes where an Oath is required to be taken, the folemn Affirmation of p. Sjm
fakers ihall be accepted inftead thereof; and if any Sluaker ihall refufe to make
fuch Affirmation, he ihall be fubjedt to the like Forfeitures and Penalties as any
other Perfon refufing to take an Oath is liable to by this Aft } and any Perfon
convifted of falfe Affirming or Swearing, before any Collcftor, ^c. hereby au-
thorized to adminiiler Oaths, he ihall fuffer Penalties, &c. as Perfons convifted
of wilful and corrupt Perjury, arc by the Laws of England liable to.
The Charges and Expenccs of obtaining this Aft ihall be paid out of the firfl
Monies to be raifed and contributed by Virtue hereof at the Port of London.
From and after the 24th oijune, 1747, the Owners and Mafters of Veifels be-
longing to Perfons refiding at any of the Out-Ports of this Kingdoni, may meet
within the Limits of the laid Ports at any proper Time and Place, appointed by
five or more of them, by giving ten Days previous Notice, to be fixed at the Cuf-
tomhoufe Wharf, Key, or other publick Place, at fuch Out-port j and may from p- 9s 3
Time to Time appoint by aninftrumcnt in Writing under meir Hands and Seals
fifteen Perfons to be Trullees for fuch Out-port, for receiving and applying the
faid
W
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104
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ployed on Board 1
0/ SHIPS,
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Vcflels belonging to iiich Perfons ref^K-dtivcly i and Cuch of*
faid Duty of 6 J. ftr Month, at fuch Out-f>ort for the Relief of the Seamen em-
tne Veflels belonging • ■ - ^
their Widows and Children as (half ne entitled thereto hy this Aft ; and the faid
Truftees fhall continue to the a6th of Decemher next after fuch Elcdbion, and until
new Truftees are nominated and confirincd ; and within ten Days uffcr every
a6th of Dtcembtr yearly, the faid Owners and Mailers (hall meet and appoint in.
like Manner fifteen Perfons to be Trudces for the ^'car cnfuing, and tlic faid
Truftecs (hall continue until new ones are eleftcd and confirmed ; and the laid
Indrument /hall bcfent to the Prefidcnt and AlViftants, who arc to confirm th-j
fame under the common Seal of the Corporation, without I'cc or Reward, with-
in ten Days after the Receipt thereof: And the faid Trnflccs, when (b confirm-
ed, (five whereof (hall be a Sl^orumJ (hall he veflcd with the fame Powers to
make By-laws, and to revoke or alter the fame, and for>rccciving and applying
Benefadlions, and for appointing Receivers and other Ollicers for collecting ami
applying the faid Duty, as are given to the Prefidcnt and Governors aforcfaid,
according to fuch Rules, Orders, and Regulations as (iy.\\\ be cHablinied in Pur-
fuancv' of this Ad j and the faid Receivers and other 0(ficcrs (liall have the fame
Powers as other the Receivers and Officers before appointed, and fliall be liable
to the fame Penalties and Forfeitures.
And whereas by Letters Patent, bearing Date the i8th of Decemher, in the
fixth Year of the Reign of King EJivardVl. certain Merchants, therein named,
and their Succeflbrs, refiding at the Port and City of Brijhl, arc incorporated by
the Name of The Mailer, IVardens, and Commonalty of Merchant-Venturers of the
City e/'Briftol ; which Society is willing, for the Benefit of the Seamen employ-
ed in the Service of the Merchants, &c. belonging to the faid City and Port, to
undertake the Colledlion and Application of the fiid bd. per Month, payable
there, and of any Donations of well-dilpofed People j it is therefore enaded.
That the Mafter, Wardens, Afljftants, and Trealurer of the faid incorporated
Society, for the Time being, (hall be Truftees, and (hall be vefted with the like
Powers, (Sc. for colleding, recovering, and applying, Gff. the faid Duty and any
Donations at the faid City and Port; and for appointme Receivers and other Ofli-
cersfor the faid Purpofes as are granted by this Adt to the Prefidcnt and Governors
aforefaid, according to fuch Rules, Orders, and Regulations as are, or (hall be cf-
tabli(hed by Virtue of this Aft ; and fuch Receivers and other Officers (hall have
the fame Powers, &c. as thofe to be appointed in purfiiance of thi"; Aft, and (hall
be fubjeft to the like Penalties and Forfeitures ; and the faid Mafter, Wardens,
AiTiftants, and Treafurers, fliall alfo Iiave Power to take ".nd receive any Lands,
Tenements, and Hereditaments in fuch Manner, and for the like Purpofes only as
the faid Prefident and Governors are by this Aft impowered to take and receive.
And whereas the Guild of Mafters and Pilots, S<amen of the Trinity Uoufe of
Kingflon upon Hull, are willing for theBencfit of the Seamen employed in the Ser-
vice of Merchants, (Sc. belonging to the faid Town and Port, to undertake the
Colleftion and Application of the faid Duty, and any Donations of well-difpofed
People there, it is therefore enafted. That the faid Guild of Maflers and Pilots,
Seamen of the Trinity Houfe of the Town and Portof Kingjlon upon Hull, for the
Time being, (hall be Truftecs, and (hall he vefted with the like Powers
for collefting, recovering, and applying, &c. the faid Duty and any Do-
nations, and for appointing Receivers and other Officers, as are granted by this Aft
to the Prefident and Governors aforefaid, according to fuch Rules, Orders, and
Regulations as are or fliall beeftabliflied by Virtue of this Aft; and fuch Receivers
and other Officers (hall have the fame Powers, &c. as thofe to be appointed in
Purfuance of this Aft; and fliall befubjeft to the like Penalties and Forfeitures.
Nothing herein contained fliall oblige the Receivers or Collectors of the faid
Duty, who fhall be appointed by the Truftecs of any of the refpeftive Out-ports,
to fend Duplicates of the Muftcr-rolls (direfted to be delivered to them by the
Mafter, ofPerlbn having Care of any Vcirol) tn the faid Prefidcnt and AlTiflants,
but fuch Duplicates, after making and filing Copies thereof, fhall be deliver'dby fuch
Colleftors, Gfr. to the faidTruftees rcfpcftively, to be by them kept for thcirUfe.
No Seaman, &c. in the Merchants Service (hall be intitled to any Benefit from
this Aft at the Port of London, or any Out-port, but thofe who are liable to,
and ftiall pav the faid Duty at the laid Porf^ rcfncftivclv.
' Thofe
m(
Di
oth
tid(
Ou
recf
wb
Mil
the
lt.«!'
Of SHIPS,
Sf
L\
105
Thofc Seamen who rtioll have been longed in the faidScr\i<c, andcontribiital
mofl towards the faid Duty, fhall be fir(t provided for an worn out or decrcpid.
If any Seaman or other Pcrlon employed on Hoard any Vcird (hall, in the
nitcbargc of his Duty, cither on Shore or on Board, break any F>imb, or be
othcrwilc hurt, fo that immediate Care is ncccflary to be taken of him, thcPrc-
fidcnt and ( Jovernors of the Port of London, and the rcfpedive Truflees for the
Out-ports, fliall provide proper Relief for fuch Perfon, until he fh?ll be fo well
recovered of fuch Hurt as to be removed and fent witi> Safety to the Port to p S57.
which fuch Vcflcl docs belong 1 and the Expence thereof, not exceeding 2<i. per
Mile, rtiall be paid by the Prcfidentand Governors at the Port of London, or by
the Truftces for the Out-port to which fuch Perfon fhall be fent.
If any Seaman or other Perfon (liall fcrvc five Years or more in the Merchant
Service, and fliall have paid the bd. per Month for that Time, and fliall be ad-
judged by the Prefidcnt and Afliflants, or the refpedtivc Truftecs, a proper Ob-
ject of Relief, he fliall be provided for at the Port where he flr.i!l have paid tlie
grcateft Part of the faid Duty for the lad five Years of his Service.
If it fliuU happen that Seamen employed in the Merchant Service, witliin the
Limits of this Aift, fliall be fliipwrecked or taken by the Enemy, and on their
Return frotn Imnrifonmcnt may be travelling with Pafles to the Place of their
Abode, the Prehdent and Governors, and the refpedtive Tmflees, may relieve
them in fuch Manner as they (hall think proper.
Where Certificates diredtcil to be produced by this A.dl cannot be obtiined,
fuch other Certificates as ihall be fatisfadlory to the Prelident and Governors, or
Truftces rcfpcdlively, (hall be admitted to inritic the Party to the Penfions or
other Relief provided by this Adt.
And whereas the United Company of Merchants of England trading to the
Fiiji-Inilies have at their own Expence provided for fuch Seamen employed by
them, as have been rendered incapable of Service, and for the Widows and Chil-
dren of fuch as have been killed or drowned in their Service, and have eflablilhcd p. SjS-
a Fund for that Purpofc, and arc therefore defirous that the Perlbns employed in
the faid Service may be exempted from the Payment of the ("aid C)d. per Month ;
it is therefore cnadlcd, That no Officer, Seaman, Off. of any Veflll, employed in
the Service of the faid Company, fliall, during the Time of fuch Service, be
liable to the Payment of the (aid Duty.
No Oriicer or Seaman, &c. during his Employment in the Service of the faid
Company, nor the Widows or Children of Aich of them as fliall be killed or
drowned, fhall be intitlcd to any Benefit by this Ad during the Time they fhall
be employed in the faid Service.
All pecuniary Forfeitures and Penalties incurred by Virtue of this Adt fliall be
fued for and recovered in any Court of Record in England, wherein no EfToin,
Protcdtion, Privilege, Wager of Law, or more than one Imparlance fhall be al- p. g-9,
lowed ; and if a Vcrdidl fhall pafs for the Plaintiff in any fuch Adlion, he fhall
be allowed double Cofls ; and one Moiety of the Forfeitures, &c. fliall he ap-
plied to the Ufes of this Adt, and the otfier to the Perfon who will fue for tne
fame in Manner aforefaid.
This Adt fliall be deemed a publick Adt, and be judicially taken Notice of as
fuch by all Judges and other Perfons, without fpecially pleading the fame ; and
all Adtions or Suits which fliall be commenced againfl any Perfon for any Thing
done in Purfuance of this Adt, or in Relation to the PremifTes, fhall be brought
within three Months next after the Fadt committed ; and fhall be laid in the
County or Place where the Fadt was done, and not elfewherej and the Defend-
ant may plead the General Iflue, and give this Adt and the Special Matter in
Evidence, and that the fame was done in Purfuance thereof ; and if it fliall fo
appear, or if fuch Adtion, Gfr . fliall be brought after the Time limited, or in any
other County or Place, the Jury fliall find for the Defendant; orif thePlaintift'
fliall become nonfuited, or fuft'er a Difcontinuance of his Adtion, or Verdidt
fliall pafs againfl him, the Defendant fliall have double Cofts ; and fhall have
fuch Remedy for the fame as Defendants liavc for Cofts of Suit in any other
Cafes by Law.
E a The.
■•-■■ i^
"'<:.r^
io6
Of SHIPS, ^c.
• J ■
IV'
W
:N
h I
\r.
i'
The procuring tlic preceding Ati in an Inftanccof the bcncvol t Regan! our
Merchant!) have lor the future Support here it Home of thofc Sciuncn who ihaU
fuft'cr l)y vahantly defending their Projicrty, cither in Ship «)r (ioods, ;\nd for he
dillrclled Faniihes of fuch, wiio ihull unh.ippily lole their Lives in Micir Service i
whilll the followingO;ici fcrvc no lef» todcinonllrate both theirs, and tl\t(ic>vern-
ment's indulgent Attention to fecurcaSutlicieiicy for them abroad, when reduced
by Misfortunes to the Nccelhty of claiming it ; and the charitable Uifpolicions
thefc Atfls contain, plainly evince an well the Prudence as the Beneficence t)f the
Promoters and Compilers of them, juftly chalkneinj; our Tribute of I'raile ior
fuch Hiining Inftanccs of Tenderncfs and O'mpaliion, in acomlbrtable Proviiion
for the accidental Sufferings of the Brave, till now left dcrtitute anddifregardcd,
I mean, by Law, for tho* the 22d and 23d Lur. II. Cap. 1 1. ScCt. 10. (before
recited) provides fomething for the maimed and (l.iin, yet 'tis too fmall toi'upply
the Lofs of Limbs, or give Maintenance to the aftlidted Kclitlts of a Sailor, un-
timely fnatchcd away t 'tis therefore from thotc Statutes only the Mariner mull
cx[>edl Rcdrels, and a Refledtion on their Exiflence will naturally encourage
him to deferve their Protedtion, by a pundlual Compliance with his Duty.
11 Cut I. e«p. It (hall be lawful for Perfons authorifed by the Majority of the liiitijh Mer-
''■ ^' '■ chants and Faftors retiding \n Portugal, being allembled with the Conful General,
or his Deputy, in any of the Ports in Portugal, to recover from all Commanders of
Britijh Ships trading from Great-Britain or Ireland, or any other his Majelly's Do-
minions, to any of the Dominions of the King of Portugal, the following Sums,
viz. any Sum not exceeding 200 Reis perT on on all tonage Goods (except Wheat,
fiarley, Rye, Coals, Timber, Boards, and Lumber) and 100 Reit per Ton on
Wheat, Barley, Off. and 1 5 per Cent, on the Freight of all other Gju^ds exported
from any of tnc King's Dominions to any Place in the Dominions of the King «)f
Portugal i and all Bills of Lading Hiall fpecify to pay the Monies accordingly,
under Denomination of Contribution, as per Ad of Parliament ; and the Per-
fons paying the fame (hall be reimburfed by the Freighters, or the Pcrluns to
whom the Goods fliall be configned j and if no Bill of Lading (hall appear, and
no FVeight or Tonage is fettled between the Owner .' the Goods and the Mailer
of the Veflel, the Freight or Tonage Ihall be valued by two indifferent Britijh
Merchants on the Place, one to be chofen by the Conful General, and the other
by the MaAer of the Ship, within ten Days after unlading the Goods \ and if
tnc Perfons fo chofen Hiall not agree the fame, in five Days, fuch two Perfons
fliall chufe a third (being a Britip Merchant on the Place) who (hall decide the
Valuation in three Days.
Ditto, f. 1. All Mailers of Ships trading from Great-Britain, Ireland, or any other his
Majefty's Dominions, to the Dominions of the King of Portugal, and unloading
there, fliall within ten Days after their Arrival deliver to the Conlul General, or
Deputy Conful, refiding there, or to fuch Perfon as fliall he appointed, a Mani-
feft ujwn Oath, fpecifying the Particulars of the Cargo, or of fuch Part thereof
as fliall be unloaded there, anc' to whom conligncd, which Oatli the Conful
General, Gff . is to adminiflcr gratis.
Ditto f. 3. The Conlul General, or his Deputy, fliall detain the' Clearances outwards of
II Britifi and Irijh Ships till Payment.
Ditto, f. 4. The Monies fliall be applied in Manner following, viz. to the Minifler redding
there 300 Mill-Reis per Annum, by equal Quarterly Payments, and the Remainder
for the Relief of Ihipwrcck'd Mariners, and other dillreffedPerlbns, his Majefty's
Subjedls, and to fuch other charitable and publick Ufes as (hall be appointed by
the Majority of the BritiJJj Merchants and F'adtors refiding at Lijhon, and other
Parts in Portugal, being aflcmbled with the Conful General, or any of his De-
puty Confuls.
Ditto, f. J. Pcrlons formerly liable to pay the four Reis per Mill, fliall, after Paym.cnt of
the Sums required by this Adl, be exempted from the (ame.
Ditto, f. 6. The Conful General, or his Deputy Confuls, refiding in Portugal, fliall, as
they fee Occafion, call a general Meeting of the Britijh Merchants and F\idlors,
and fliall ca|l fuch Meetings as often as fliall be defired, by Writing under the
Hands of any five Britijh Merchants or Fadlors.
r. 7. This fliall be a publick Adt, ^c.
An
19/ S H I P S, e^f.
107
An
ko Cidi
•P
. II.
H. (.
4. I.
10 Cn. tl.
icp 14. (.
Adt, like the precc«Un^ one, was made for hiii Majefty'i Siibjci-ls trading
.•, and Port St. Mury's, Iticcifyipg, that any Sums of Money, not cxcceiling
one Kyal Plate p*r Ducat, (hall he received from all Maftern of Hrifij/j and Injh
VcA'cIh, trading to thofc Places, on the Freight of Goods (cxi . ot Tonagc (Jootls)
imported intotnc faid Ports, and on all Tonage Goods, any Sums not exceed-
ing iwo Rials Plate ptr Ton, to he collected anddif|iofcd of in the fame Manner
as directed for that raifcd in Portug^al, and the other Part of this Aift being vfr-
talim like that, is hcic omitted to he repeated.
It (lull he lawful for Pcrfons apjtointed by the Conful, named f()r his Majcf-
ty's Subicdts trading to the Port of Leghorn, together with the Majority of the
Britijh Merchants and Fadlors there, to recover from all Commanders of Britijb
or Irijb Ships, trading from any Part of his Majefty's Dominions to the laid Port,
any Sums not exceeding one Livrf per "Ton on all Tonage Gtx)ds imported into
the faid Port, and all U de G(H)ds, not exceeding one third of a Livre per Bale,
or I'arcel : to he recovered tin J applied with /He Dire^ions as in 9 (ieo. II. Cap. 25,
for the Confulage Duty at Cadiz and Port St. Mary's.
Mariners iiiuft help one another both at Sra and in Port, and never quit the L't oum.
Ship without Leave from the Maftcr, wlicn (lie is at Anchor. «",''i,)! o^,.
If Mariners get drunk and wound one another, they arc ndt to be cured at the m^«.
Charge of the \laficr or Ship, as the Damage is not received in the Service of
cither j but if any of them are hurt, or taken ill, in doing their Duty, the Kx- 1,1. oUrm,
pence of their Cure the Ship muft defray j and if his Difordcrs render him unfit "i' "
to continue on Board, he mall be left on Shore, and have thofe Accommoda- Ditw, cap. 1
tions and AfTiOance as his Cafe requires t and though ihc Ship mull not be de-
tained to attend his Recovery, yet if this happen<; afterwards, he ihall have his
fuM Wages, deducing only what the Mafler may have expended for him.
If Goods are thrown overboard in order to lighten, and by this Means lave tlic t'g fTtrm,
Ship in a Storm, upon Proof thereof, by the Oaths of the Mailer, &c. he Oiall "P- "•
be acquitted, though the Ship, Freight, and Remainder of the Cargo fhall be
brought into an Average, to make good what was fo thrown away for the Prc-
feivation of the whole.
Though a Shij (hull be fei;;ed for Debt, or otiierwife become forfeited, the ConfoUi
Mariners mud receive their Wages, unlcfs in fomc Cads, where they arc for- ^'"'•
feitcd as well as the Ship j as in Cafe of committing Piracy, with Letters of
Marque, by Reafon of which all will be forfeited; but Lading of prohibited J?//* Aliiijg.
Goods on board, fuch as Wool, &c. tho" it fuhjcdls the Ship to a lorfeiture, ''''''• 5 3"^-
ct it difables not the Mariner of his Wages j for the Sailors having honeft-
.y performed their Parts, the Ship is tacitly obliged for their Wages j but
if the Ship peri(hes at Sea they lofc their Wages, and the Owners their Freight :
And this bcmg the Marine Cudom is allowed as well by the Common aS Civil Laiv.
Barrctry of theMarinersis a Difeafe Co epidemical, that It is difficult foraMaf-
tcr with tne grcatcft Care to prevent it, and though he may not really be faulty, juii. it ob.
yet the Law will always adjudge him fo, and impute Sailors Offences to his AVif- i"'* «* ''''«•:'.
ligence ; and were it otherwife, the Merchant would be in a very dangerous Con- ' ""
dhion ; and the Reafons why a Ma(lcr (hould be refponfible for his Crew, are, />„aa. n.
becaufcitis of his own chuling.and under his Correftion and Government, and on 7-' '" B' R-
Ship-board know no other Superior but himfelf, and if they arc faulty he hiay cor- s'Si'h. *" '
redl and punifli them (in a moderate Manner) and juftify the fame by Law ; and *'/' Abridg.
thcFaft being proved againd them, he may reimburfe himfelf out of their Wages. '^^
When Goods arc once delivered to a Madcr, they arc not fubjedt to be attached
in his Hands, nor can any Cudom whatfoever fupport the fame, for they are in
Law as it were bailed to tne Ship, until the Freight and all othcrCharges are paid; «;,,*. 17 r«r.
and it is very much doubted whether an Attacnment can be made in London of" j"i-.t; j,
any Goods lying on board Ship, in the River of 7'Artw*'/ (which, though the Port "'"■
of London) notwithdanding F"reight, and all other Charges are paid od".
Conimidioncrs of Bankruptcy illucd a Warrant to feizc Goods of a Bahkrupt fiiil. s y«T.
on board two Ships in Topjham Bay in Devonjhire; the Goods were configncd to '" •-"
Pcrfons in Holiand, who had not paid the Bankrupt for them ; the Mailers rc-
fufcd to deliver the Goods notwithdanding the Warrant, which occalioned tlie
CommilTioners coming to demand them, though tlicy were dill rcfufcd.
Sir
del
I
.>jiit
A'
%
i
■'MS.
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if'-.. :
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i , . ■
yi'
0/ S H I P S, e^r.
Sir Pi'ter King moved for an Ordrr iipo;i the Maftcrs for their Contempt.
The Court at firft greatly doubted wlicther they ^an make an Order in Aid
and Afliftance of the Warrant of the Commillioners of Bankruptcy, the Statute
having vefted a large Power in tliem j beiidcs, the Perfons to w honi the G«ods
are configncd, would be indebted to the Creditors of the Bankrupt, which Credi-
tors may recover by the Law of Holland.
Sir Peter King. We fliall rather lofc the Goods than follow tliem into Hoi-
land.
Lord Chancellor. Their refufing to deliver tiic Goods ujwn the Warrant is no
Contempt to this Court, tho' the Commillioners adt under a Comniillion under
the broad Seal : The Matters in this prcfcnt Cafe have fomc Colour to detain the
Goods; for upon a Delivery of them, they may lie dilappointcd of Pi eight, and
the AlTignces of the Commidion mull Hand in the fame Place as the Bankrupt,
and be fubje>5l to his Contraft.
But however an Order was made upon tlie Matters to deliver the Goods upon
Payment of the Freight, and 'he Matters to be indemnified by the Creditors
againtt a Bill of Lading, which was fent by the Confignees.
I have now finitticd the Subjed of Ships and Seamen, which has been fpun out
to a great Length by the necelfary Quotations of Cafes and Laws fy intereftiiig
a Topick calls for j and I think the omitting any of them would have rendered
the Difcourfe defedive : It is true the Ledurc mutt be dry and tallelcfs, even to
thofe who ufe it for Information, and much more fo where it is not wanted j
yet as fuch Treatifes are not calculated to divert, ' ut inttrud, I have endeavour-
ed to render it as cnnuucive to this latt Purpofe as I am able, and hope it will
prove fo to thofe who fliall have Occafion to ufe it ; and I (hall now, according
to my propofed Method, proceed to treat of other Marine Aftairs, fuch as
■' ■
1 ■
V
Per Leg, Nav,
Rhod. Art.
Cro.
Car. 38J.
Freight^ Charterparties^ Bills of Ladings Dcmorage^
and Bottomry.
FREIGHT is the Sum agreed on for the Hire of a Ship, or Carriage of
Goods, and mutt be paid in Preference to all other Debts, for whofe
Payment the Goods ttand engaged ; but ;is thofe are obliged to the Ship for her
Hire, fo is the Ship to the Owner of the Goods, in Cafe of Damage or Watte,
through any Defedt of the Veflel or Sailors.
CuARTF.RPARTY (Churta Partita, i. e. a Deed or Writing divided) is the
fame in the Civil Law with an Indenture at the Conunon Law : It fettles the
Agreement, as the Bills of Lading do the Contents of the Cargo, and binds
the Matter to deliver them well conditioned at the Place of Difchargc, accord-
intr to the Agreement ; and for Performance, the Matter obliges himielf. Ship,
Tackle and Furniture.
The taking a Ship to Freight is the Hiring her of her Matter or Owners,
either in part or the whole, and either by the Month, for an entire Voyage, or
by the Ton; and the Contra^, reduced into a Writing commonly called a Char-
terparty, executed between the Freighter, and the Perfon who leti the Ship,
and cxpreflive of the different Particulars agreed on, as aforefaid.
The Matter or Owners generally covenant to provide both a Sufficiency of
Tackle and Mariners, and to fit the Ship in every Refpedl for performing tiie Vov-
age agreed on ; and the Merchant, on his Part, ttipulates to comply with the Pay-
ment promifed for Freight, on Delivery of his Goods, and hotli oblige them-
felves in Penalties for Non-compliance ; the Nature and Form of wliicli will
be ttiewn in the fubfequent Copy of a Chartei-purty, and the confcqueiit Secu-
rit) oi 7^ Bill of Lading, both which I have infertcd 'or my Reader';; Clovernment.
If there be a verbal Agreement only, and Ear/ie/l given, and the fame be
broke off by the Merchant, according to the Kljodian Law, he lulls his Earntjli
but if the Owners or Matter repent, they forfeit double.
But by the Common Laic of England the Party dai'-.iified may bring his Adion
of the Cafe, and recover all Damages on the Agreement.
If
I
5
0/ B I L L S OF LADING, ^c.
1 09
If by the Time appointed in the Charterparty the Ship is not ready to take
in, or the Merchant (after the Days of Dernoragc commonly granted) not ready
to load, the Partiei are at Liberty, and the fulFering one hath his Remedy againft
the other by Adtion, 10 lecompenfe the Damage.
If Part of the Loading be on board, and fome intervening Misfortune prevents jureMar L.r.
the Merchant from fliipping the whole in Time, the Mailer is at Liberty to "P 4- '^ 1-
contrad with another, and (hall have Freight by Way of Damage for the Time
that thofe Goods were on board after that limited j for fuch Agreements, being
of a ';ondiiior<al Nature, precedent a Failure as 10 a complcat Loading, will de-
termine the fan;e, \in\ck n^tcrwards a^rmcJ fy Con/eni ; and though it be no
P'udcuce for every Mercliant or Mafter to depart from the Contrad'c, on a Non-
compliance of Articles, yet it is the highed Juftice, that Ships and Mafters lliould
remain free j for otherwife, by the bare Lading of a Cafk or Bale, they might
be defeated of the Opj^ortunity of Faflage, or Seafon of the Year.
So, on the other Hand, if the Veflel be not ready, the Merchant may (hip Cn. Car.
the Remainder of his Goods on board another, and difcharge the firft, and re- 5^^' ^ '''"'
cover Damages againft the Mafte.- or Owners for the reft ; this being grounded
on the like Rcalbn as the former.
Charterparties have always by the Common Law had a genuine Conftruilion as
near as may be, and according to the Intention and Dtfign, and not according to
the literal Senfe of Traders, or thofe that merchandize by Sea, yet they muft be
regularly pleaded ; and therefore in an Adion of Covenant or an Indenture dated
the 9th 0£i. 38 El. wherein was recited, •whereas by Indenture of Charterparty da-
ted Sept. 8. 38 EUz. between the Plaintiff and Francis Cherry ; the Plaintiff
having hired of him a Ship, for a Voyage to Dantzici, upon taking the Ship it
was agreed between them, that the Ship (hould be laden with Corn at Dantzici,
and fail from thence to Leghorn. Now by the faid Indenture, in Conlideraticm
the Plaintiff had agreed, that the Defendant (hould have the Moiety of Corn,
guoJ tuncjuit (what I. ' "n wa<:) or afterwards (hould be laden in the Ship during
the faid Voyage, the Defendant covenanted to pay the Moiety of the Money for
the faid Corn, quod tuncjuit, or afterwards (hould be laden, &c. and alledgeth
infaSto (in fad) that 0£i. 9, 38 Eliz. the Ship was laden with 60 Lafts of Corn,
and for not Performance of this Covenant the Aftion was brought ; the Defend-
ant pleaded that the Deed was fealed and delivered 0£l, 28, 38 Eliz. & quod ad
tunc vel pojlea (and which to that Time or afterwards) there was not any Corn
laden there, and traverfeth the Delivery 0£l. 9. or at any Time afterwards be-
fore the 28th 061. 38 Eliz. and it was adjudged upon Demurrer, that in Regard
the Plaintiff declared upon a Deed dated 061. 9, 38 Eliz. itfhall be intended to
have its Elfence and Delivery at that Time, and no other j and if he (hould con-
fefs it to be delivered at any other Time, it would be a Departure from his De-
claration, and the Word tunc is referred to the Delivery, and not to the Date j
and if it were delivered ten Months after the Date, he (hould not ha' c the Bene-
fit of the Corn laden before the Delivery : And therefore the Defendant was
adjudged not to be charged with paying for any Corn before the Delivery of the 2 c». 16 j.
Deed, the Words of the Deed being, that he (hould pay for the Corn then la- '^fi'y ■^ S'f
den, &c. which ^thenj is referred to the Time of the E(rence of the Deed by ^"'"^ ""*'■
the Delivery, and not to the Date.
Atkinfjn contraded with Buckle for the Carriage of an hundred Quarters of j b»iji. ijt.
Barley, and promiled to deliver unto him the hundred Quarters of Barley aShip- • ^'- 3'»-
board at Barton Haven in the County of Tork, to carry them for him, and for
the Carriage thereof did promife to pay to him fo much ; and Buckle promifed to
carry the lame for him, and accordingly brought his Ship to the faid Haven, ex-
peding there the Delivery of the hundred Quarters of Barley j but Atkinfon came
not to deliver the fame to him, whereupon Buckle brought his Adion of the
Cafe upon the Promife, and upon non aflumpjit pleaded, had a Verdid and Judg-
ment, which was affirmed upon a Writ of Error.
Covenant uiion a Charterparty between Bolton Owner, and Lee and Morgan
Merchants, Freighters of a Ship, lei by Bolton, on Freight, for a Voyage to
Guinea, at 48/. per Men/em, and there was a mutual Covenant between the Par-
ties, & quemUbet eorum Kiodo fequentc (and either of them in the following Man-
F f ner)
I Mod Cjf.
154. Snti.
393. pi. 2.
pi
no 0/ BILLS OF LADING, ^f.
ner) nnd then divers Covenants foUow, concerning the Ship's Tackle and Per-
formance of tlie Voyage ; and then a Covenant for the Payment of the Freight
fvi-z.j when the Ship arrived at Guinea, the Freight then due, was, upon No-
tice, to be paid in England, and when (he arrived in England, the Refidiie, from
the Tim*, of the laft Payment, was to be paid. And faith that at fuch a Time the
Ship arrived, and that fix Months and ten Days were then paft, which cumc to
fo much, whereof Notice was given j and that after fuch a Time the Ship arrived
in England, and that the Freight for fix Months, from the Time of the laft Pay-
ment, came 10287/. 4J-. and thattheDefendanthadnotpaidany of thcSums; upon
which the Dcrendant demurred, and took thefe Exceptions to the Declaration.
1 . For this, that the Adion is brought againft one of the Defendants only,
omitting the other, fid non alhcatur (but not allowed) the Covenant b?ing between
them, & griem libct eorum, (and either of them) i; joint, and fcvcral of every Part,
2. For that it appears upon Computation the Plaintiff demanded more upon the
firft Breach than is due, by 30J. and lefs than is due npon the fecond by 16/. and
tho' that the firft miy be cured by the Jurors finding lefs, or by the Plaintiff's re-
leafing the Ovxrplu.s yet where he demands lefs than his due, it is incurable, and
cited feveral Books there quoted for that Purpofe in aJJ'umpfit, where, as in this
Cafe, only Damages are to ne recovered; and on the other Part was cited, Cro.y</f.
498. Peml>erton\. Shelton, and 529 Parker y. Curfon^ Uxor, See 2 Levinz 4.
Hulme & Sambers; and 2 Vent. 129. tVelby And Philips. Hale C. J. took a Dif-
ference between this Cafe of Covcnan" and Debt, and held, that after Vcrdift it
had been cured without Queftionj bu'; upon Demurrer there may be Ibme Doubt,
the Demurrer being general ; but had the Demurrer been fpecial, it had been ill
and ruled Judgment, ^ro^tr. 2 Levinz 56, and T^Kcble 39 and 50. Bolton undLee.
If Goods are fully laden on board, and the Ship hath broie Ground, and the
Merchant on after Confidcration determines again to unload them, and not
profecu'e the Adventure, by the Marine Law the Freight is due.
And if the Ship in her Voyage becomes unable, without the Mafter's Fault,
or that theMafteror Ship bcarrcfted by any foreign Prince, or State, in her Voy-
age, the Mafter may either mend/bis Sbip, or freight another ; but if the Merchant
will not confcnt thereto, then the Freight becomes due, for fo much as the Ship
hath earned i othcrwife the Mafter is liable for all Damages that ftiall happen :
And therefore if that Ship to which the Goods were tranflated perifhed, the Maf-
ter (hall anfwcr ; but if both the Ships perifh, then he is difcharged : But in
Cafe of extreme Neceflity, as that the Ship fhould be in a finking Condition, and
an empty Ship is pafllng by, or at hand, he may tranflate the Goods; and if that
Ship finks or periftics, ne is there cxcufed j but then it muft be apparent that
that Ship (cemcd probab/e zndfuj^cient.
If a Mafter fhall weigh Anchor, and fail after the Time covenanted or agreed
for his Departure, if any Damage happens at Sea after that Time, he ftiall re-
fund and make good all fuch Misfortune ; yet if a Cbarterparty is made, that the
Plaintiff ftiall fan from London to Lifbon, with the firft Wind and Opportunity,
Cf. in Confideration of which, the Merchant did covenant to pay fo much for
Freight ; the Ship departs not with the firft Wind and Opportunity, yet after-
wards breaks Ground, and arrives at her Port, the Freight in this Cale is become
due ; for there is nothing can bar the Ship of her Freight, but the not Depar-
Ut.k.Vi.^t) ture, for only that in Law is traverfable, being material to avoid the Payment
of the Freight ; but to fay the Ship did not depart with the next Wind, is but
a Circumftancc, which, in Stridtnefs of Law, is not traverfable.
If it be agreed, that the Mafter fhall fail from London to Leghorn in two
Months, and Freight accordingly is agreed on, if he begins the Voyage within the
two Months, though he does not arrive at Leghorn within the Tin:c, yet the
Freight is become due.
Tne£r7/?-/Ww Company might by Chartcrparty keep a Ship they had freighted
a long Time in India, and did lb keep her until flic was unfit for Service, ind could
not come home, they were obliged in Chancery to pay the Damage, tho' by the
Cbarterparty it was payable at the Return of the Ship.
So where no Freight was to t'- paid for the Cargo outwards, hat r'reight for
the Cargo homeuards, and the Fadtor abroad had no Goods to load her home-
wards, Payment of the Freight was decreed.
I Anil
Ad Lrg. Rict/.
yu.i'^. Oltttn
i,^. ull ad
nigeft.
c. I. {. 10.
Pcpham if. I
P..lm 39H
Of B I L L S O F LADING, ^c.
in
And if a Ship is freighted to go to any Place to load, and on Arrival there the
Fador cannot, or will not put any thing on l>oard him, after the Maftcr has laid
the Dayc agreed on by Chartcrparty, and made his regular Protclb, he ftiall be
paid empty for full.
Though the Officers and Mariners gave Bond not to demand Wages, unlefs » '>» .-'-.
the Ship returned to London, (he arrived at a delivering I'ort, and afterwards
was taken by the Enemy, they Iiad their Wages to the delivering P"*"!-.
If a Ship is freighted from one Port to another, and thence to a third, fourth, l-'s. P..:,gr.-
and fo home to the Port from whence flie fii-fl failed (commonly called a trading 'i£'ij' ^^,'i"j
Voyagf) this is all but one and the fame Voyage, fo as it be in Conformity to/*/. ,;,». "
the Charter party.
A Merchant agrees with a Maftcr, that if he carries his Goods to fuch a Port, Tr,>. q J„c.
he will then pay him fuch a Sum; in the Voyage the Ship is nlfaulted, entered, '"^ "^ ^°'-
and robbed by Pirates, and Part of her Lading taken forth, and afterwards the v^cvivr^ '
Remainder is brought to the Port of Difcharge, yet the Sum agreed upon is not ' B,n<iHi. ji.
become due, for the A^^eement is not by the Mafter performed.
Tho' by the Civil La-ju this is iiis nxyor, or cajus fortuitus, (the greater Force,
or an accidental Cafe) there being no Default in the Maftcr or his Mariners, and
the fame is a Danger or Peril of the Sea, which if not in Naval Agreemtnts ex- i a q-.Si</.
prclfed, yet is naturally implied j for it is certain, that if thole Goods which h'' ^'i'-
the Pirates carried awav had been in Strefs of Weather thrown overboard, the F'f'/',\^" >
fame would not have made a Difability as to the Receipt of the Sum agreed on ; /''""■ Cm.
for both by the Common and Marine Law, the Ait of God, or that of an Enemy, no.''/i;^n^tm"
fliall no ways work a wrong in private Adtions.
If a Ship be freighted by the Ton, and flie is ftdl laden according to the
Chartcrparty, the Freight is to be paid for the wholej otherwilc but for lb many
Ton as the Lading amounted to.
If Freight be contraded for the lading of certain Cattle, or the like, from 7»r, Mar.
Duhlin to Weji-Cfvjler, and feme of them happen to die before the Ship's Arri- '• =• «.ii. 4-
val, the whole Freight is become due as well ior the Dead as the Living. '' "'
But if the Frcigl^t be contradled for the tranfporting them, at fo much per Ditto.
Head, if Death happens, there arifeth due no more Freight than only for fuch as
arc living, at the Ship's Arrival at her Port of Difcharge, and not for the Dead.
When Cattle or Slaves are lent aboard, without any previous Agreement for Diito.
lading or tranfporting tliem, but generally, then Freight fliall be paid as well
for the Dead as the Living j and if Freight be contrufted for the tranfporting of
Women, and they happen in the Voyage to be delivered of Children, no Freight
becomes due for the Infants.
If Goods are lent on board, generally, the Freight muft be according to that Ditta
commonly paid for the like accuftomed Voyages.
If a Ship Ihall be freighted, and named to be of fuch a Burthen, and being ^■^^^g
freighted by the Ton, ftiail be found lefs, there fliall no more be paid than only
by tnc Ton, for all the Goods that were laden on board.
And if a Ship ' .- freighted for two hundred Tons, or thereabouts, the Addition Di„(,
of thereabouts is commonly reduced to be within five Ton, more or leis, as the
Moiety of the Number ten, whereof the whole is compounded.
If a Ship be freighted by the Great, and the Burthen of it not exprefled, yet cbaff. fcc
the Sum certain is to be paid. Jon,, vcrf.
If a Freighter by loading prohibited or unlawful Goods, occnfions the Ship's ^'l'"""
Detention, or othcrwife impedes her Voyage, he fliall pay the Freight contrad-
ed and agreed for.
When a Ship is freighted out and in (or out and homej there is no Freight due Tri„. q jjc.
till the whole Voyage is performed ; fo that if flie be call away coming home, " j* P''l>''
the Freight out-wards, as well as inwards, becomes loft. ""mnhZ'^
A Part Owner of a Ship fued the other Owners for his Share of the Freight on P»ft zi.
finifliing her Voyage; but the other Owners liad fitted her out, in whicli the inCh.^nary,
Complainant would not join, whereupon the other Owner complained in the i3>->'68o.
Admiralty ; and by Order there, they gave Security, that if the Ship periflicd
in the Voyage, to make good to the Plaintiff his Share, or to that Etted; in
Inch a Calf, by the Law Marine and Courfe of the Admiralty, the Plaintift'
was
Hj
H
m
II
fr-i^
h"
r .'.
1j
Leg. Olirm,
R'btJ. .Irt.iS-
Confol. del.
Wcr.
Li 7. Ooail.
Bald. In leg
cerii juris in 4
Q. in \'cib.
tjuiilc'goLod.
lucat.
Sianley verf.
jiylti, byHoli
J AV*. 444.
7 je. ir.
StaJiam
Abndg. 54.
112 0/ BILLS OF LADING, ^c.
was to have no Share of the Freight : It was referred to Sir Lionel ""Jenkins to
certify the Coiirfe of the Admiralty, who certified accordingly, and that it was
fo in all Places, for otherwife there would be no Navigation j whereupon the
Plaintiff's Bill was difmiflcd.
If a Mailer lets out his Ship, and afterwards fecretly takes in other Goods un-
known to the firfl Freighter, by the Law Marine he lofes his Freight ; and if it
fliruld fo fall out, that any of the Freighter's Goods (hould for Safety of the Ship
be caft overboard, the Reft fliall not become fubjeft to the Average, but the
Malier mull make the Damage good ; tho' if the Goods are brought into the
Ship fecretly and unknown to him, it is otherwife ; and Goods fo brought in,
m.iy be fubjefted to what Freight the Maftsr thinks fit.
When a Ship puts into any other Port than that flie was bound to by Agree
ment, the Mauer fliall anfwer all Damages that fliall accrue thereby ; but if flie
was forced in by Storm, Enemies, or Pirates, he muft afterwards proceed to
that he was obliged to by Contrad.
In Conftrudtion of Law, the lading of the Ship is tacitly obliged for the Freight,
the fame being in Point of Payment preferred before any other Debts to which
the Goods fo laden are liable, tho' fuch Debts, as to Time, ■vi^xc precedent Xo ^^
Freight ; for the Goods remain, as it were, bailed for the fame ; nor can they
be attached in the Mafter's Hands, tho' it is commonly conceived otherwife.
As Ships deferve Wages like a Labourer, tlie Adions touching the fame are
in the Eye of the Law generally conftrued favourably for the Ship and Owners ;
and therefore if four Parts in five of them fliall make up their Accounts with the
Freighters, and receive their Proportions, yet the fifth Man may fue fingly by
hinifelf without joining with the Reft, and this as well by the Common haw as
the how Marine.
If a Ship in her Voyage happens to be taken by an Enemy, and afterwards is
re-taken by another Ship in Amity, and Reftitution is made, and flie proceeds
on in her Voyage, the Contradt is not determined, tho' the taking by the Ene-
my diverted the Property out of the Owners j yet by the Law of War, that Pof-
feffion was defeafible, and being recovered in Battle afterwards, the Owners be-
come re-invefted j fo the Contrad, by Fidion of Law, became as if Ihe never
had been taken, and fb the sntire Freight becomes due.
It was covenanted by a Charterparty, that a Ship fliould return by a certain
Time within the River ot I'lymes (the Dangers of the Sea excepted) and after-
wards in the Voyage, and within the Time of the Return, the Ship was taken
upon the Sea by Enemies unknown to the Covenanter, and being dc^iined by
them could not return within the River of Thames, within the Time mentioned
in the Covenant. Refohed, this Impediment was within the Exception, for thcfe
W^ords intend as well any Danger upon the Sea by Pirates or Men of War, as
Dangers of the Sea, by Shipwreck, "Tempeft, or the like.
If Freight be taken for a hundred Tons of Wine, and twenty of them leak
out, fo that there is not above eight Inches from the Bulge upwards, yet the
Freight becomes due j but if they be under eight Inches, fome conceive it then
to be in the Eledion of the Freighters to fling them up to the Mafter for Freight ;
but moft think otherwife ; for if all had leaked out (if there was no Fault found
in the Stowage, by a Survey from the Trinity -Houfe) there is no Realbn the Ship
fliould lofe her Freight; for the Freight arifes from the Tonage taken, and if the
Leakage was occafioned thro' Storm*, the fame perhaps may come into an Average.
It is certain, if a Ship freighted by the Great be caft away, the Freight is loll ;
but if by the Ton or Parcels, and Part thereof is faved from the Wreck j doubted
whether pro rata, flie ought not to be anfwered her Freight -f.
If a Ship by Charterparty, reciting to be of the Burden of 200 Tons, is taken
to Freight for a Sum certain, to be paid at her Return, the Sum certaii. is to be
paid, though the Ship amounts not to that Burden.
In Cafe a Ship is freighted after the Rate of 20/. for every Month that flie fliall
be out, to be paid after Arrival at the Port of hondon ; the Ship is caft away
coming up from tlie Downs, but the Lading is all prefervcd, in which Cafe the
Freight
Pirhring and
B^'Ury, Suits
131.1 Ro/h'i
Abiidg. 248
Bcyce verf.
Cci,. H,l:. id.
27 Car. 2. B.
• Majliri IhtuUlah Care to make their tegular Pretcjli after a Sl^rm, ai they may fuftr fmerely ty emitting it,
\ It II commtn It giviufwbal ii/avtd li •' i ^Jureri, that the AJluriri may renvir the'uhile hjuran-.e.
0/ B I L L S O F L A D i N G^ ^c.
ti3
176.
204.
76. «.
, El!z.
^-
Freight is become due ; for the Money arifcs fo Monthly by the Contraft, and
the Place mentioned is only to (hew where Payment is to be made j for the 8hip
dcferves Wages like a Mariner who fervcth by the Month j and though he dies
in the Voyage, yet his Executors arc to be anfwered pro rata. Befldes, the
Freight becomes due by Intendment on the Delivery or Bringing up of the
Commodities to the Port of London, and not of the Ship.
If a Man freights a Ship out, and covenants that the Ship fhould fail out of 1 M/i.
that Port to Cadiz with the firft fair Wind and Opportunity, and the Freighter \ p"'
covenants that for the Freight of all the Premifes ne would pay unto the Mafter tSan'tt^i^Q.
184/. if the Mailer doth not aver, that the Ship did arrive at the Port oi Cadiz,
he cannot maintain an Adion againft the Freighter.
If the Mafter enters into a Cbarterparty for himfelf and Owners, the Mafter in
thatCafe may releafethe Freighters, without advifing with the Owners; but if the
Owners let the Ship out to freight, whereof J. J. is Mafter, though the Mafter
covenant in the fame Cbarterparty and fubfcribcs, yet his Releafc in that Cafe will
not bind the Owners, but the Owners Releafe on the other Hand will conclude
the Mafter ; and the Reafon is, for that the Mafter is not made a proper Party to
the Indenture. And fo it was ruled, where an Indenture oi Cbarterparty was made
between Scudamore and other Owners of the good Ship called the B, whereof
Robert Pitman was Mafter, on the one Part, and Vandenjiene on the other Part ;
in which Indenture the Plaintiffdid covenant with the faid Vandenjlene and Ro-
bert Pitman, and bound thcmfelvcs to the Plaintiff and Robert Pitman for the
Performance of Covenants in 600/. and the Conclufion of the Indenture was —
In Witnefs whereof the faid Robert Pitman put his Hand and Seal, and delivered the Cn.
fame; in an Adlion of Covenant, for not performing certain Covenants in this In- Scuiiamorei
denture, the Defendant pleaded the Releafe of Pitman, whereupon the Plaintiff ^^.^tv/,.'
demurred, and it was adjudged, that the Releafe of Pitman did not bar the jq eux. in
Plaintiff, becaufe he was no Party to the Indenture ; and the Diverfity in that ^X'^xntiT.
Cafe was taken and agreed between an Indenture reciprocal between Parties on f'oi. 6, 3.
the one Side, and Parties on the other Side, as that was ; for there no Bond, ^/^'^^j^i*}
Covenant, or Grant can be made to, or with any that is not Party to the Deed; ^.'nd 3 i-woa
but where the Deed indented is not reciprocal, but is without a Between, &c. u"- Ci^jr-v.
as omnibus Chrijiijidelibus, &c. there a Bond, Covenant, or Grant may be made .^jy^^^*'^^_
to diverfe feveral Perfons.
If an Indenture of Cbarterparty be made between ^. and B. Owners of a Ship c/««/ w/.
of the one Part, and C. and D. Merchants of the other Part, and ^. only fcals the l^"h. ^ ^'U'
Deed of the one Part, and C. and D. of the other Part ; but in the Indenture **'
it is mentioned that j4. and B. covenant with C. and D. and C. and D. covenant
with A. and B. In this Cafe, A, and B. may join in an Adlion againft C. and D.
though that B. never fealed the Deed, for he is a Party to the Deed, and C. and
D. have fealed the other Part to B. as well as to A.
Covenant upon a Cbarterparty, by which the Mafter of a Ship covenants to
fail with the firft fair Wind to Barcelona, and that the Mariners ftiall attend with
a Boat to relade the Ship, and then to return with the firft fair Wind to London,
and to unlade and deliver the Goods ; and the Merchants covenant to pay fo
much for Freight, and fo much for Demorrage every Day ; the Mafter brought
his Aftion for the Freight and Demorrage, ana declares that he failed fuch a Day,
with the firft fair Wind, and upon all tnc other Points. The Defendant quoad
the Freight, that the Ship did not return direflly to London, but went to Alicant
and Tangier, and made divers Deviations, and by thefe Delays the Goods were
fpoiled ; and as to the Demorrage, that this was occafioned by the Negligence of
tne Mariners, in not attending with the Boat to relade the Ship, to which the 3 £«i»54i.
Plaintiff demurred, and per Curiam pro ^er. for that the Covenants are mutual ''^'^^ "'
and reciprocal, upon v/hich each mall have his Aftioii againft the other, but 'L '/,„
(hall not plead the Breach of one in bar of another, for perhaps the Damage of ^'^^
the one Side and the other are not equal. cw«'r^.*
If a Fadlor freights a Ship, by Order and for Account of another. Out and i»* Mirc.
Home, and a Cbarterparty is accordingly made and indented between him and "7-
the Mafter, the Fadtor is liable for the Freight and Performance of all Covenants;
but if the Ship be only freighted Outwards, and loaded by the Fatflor, the Goods
G g (hipped
cont.
Sir
iJ^fl
U4
h '
•it
0/ BILLS OF LADING, &c.
(hipped aic only U»ble for the Freight, and no Demands to be made on the
Freighters in Virtue of the Charterparty, but the Perlbn who receives the Goodfl
is to pay it, according to the Tenor of the Bill of Lading.
If a Ship is freighted Out and Home, and after having delivered her Cargo nt
the Place agreed on, there are naGoods provided for her Re-loading, the Mafter
muft ftay the Days of Demorage agreed on by Cbart'Tparty, and make his regu-
lar Proteil for his Freighters Non-Compliance, who will in this Cafe be obliged
to pay him empty for full -, though Ihould the Mafter not wait the Time ftipu-
lated, or omit to make his Protcll, he will lofc his Freight j and in Cafe the
Mafter on his finding no Goods provided by his Freighters Ihoutd determine to
load fomc on his own Account, as Salt, or the like, this will not ohftruft hi»
recovering his Freight j for if the Ship had been laden only with Salt by the
Merchant, which (it may be) would not pay half the Freight, yet the Shipper
or Proprietor may at Pleahire abandon the fame to the Mafter for hisFreight, ?nd
he can demand no more by the Charttrparty j but if the Mafter take in futh Salt
on his own Account, before the Days of Demorragc arc expired, and that by
fome Condition made with his Freighter, he may claim Freight, then this lat-
ter is to have the Benefit of the Salt in Dedudlion of the faid Freight.
Form of a Charterparty of Affreightment. '
fT'HIS Charterparty, indented, made, &c. between A. B. o/"&c. Mariner, Maf-
■^ ter, and Owner of the good Ship, or Vejfel, called, &c. now riding at Amhor at,
&c. of the Burden of two bundrea'Tons, or tbertobmts, of the tne Part, and C D.
of. Sec. Merchant, of the other Part, witnefleth, that the faid A. B.yir theConJidera-
tion herein after mentioned, hath granted, and tf Freight letten, and by thefe Pre-
fnts doth grant, and to freight let, unto the faid C D. his Executors, Admintjirators,
and Affigns, the whole Tonage of the Hold, Stcrnjheats, and Half Deck, of the faid
Ship or ycJJ'el, called, &c. from the Pqrt o/" London to, &c. in a Voyage to be made
by the faid k. B. with the faid Ship, in Manner hereafter mentioned (that is to fay) to
fail with the Jirjl fair Wind and Weather, that jhall happen after, 6cc. next, Jmni the
faid Port c/" London, with the Goods and Merchandise of the faid C D. his Fathrs,
or Ajigns, onboard, to, &c. aforefaid fthe Dangers of the Sea excepted) and there un-
lade and make Difcharge of the faid Goods and Merchandizes ; and alfo Jhall there takt
into, and aboard the fiud Ship again, the Goads atulMnrchandizes of the faidCl^. his
Favors or Affigns, and JJmU then return to the Port ^London, w$th the faid Goods,
in the Space of, &c. lunited for the End <f the faid Voyage. In Confideration whereof
the fata Q. \^. for bimfelf, his Executors, and Adtniaijirators, doth covenant, promft,
and grant, to and with the faid A. B< . his Executors, Admini/irators, or AJjigns, by
thcfc Prefents, that the faid C. D. hisFj<ecutors, Admini/irators, Faifors, orAjjigns,
Jkall, and will, well and truly pay, or cimj<! to be paid unta the faid A.. B. bis E»y
ccutors, Adminiftrators, or AJpgns, far the Freight (f the faiti Ship and Gwds, 'the
Sum of,. Sec. (or fo much per Ton) within twenty-one Days ttfUr the faid Ship s Ar-
rrcal, and Goods returned and ^ifchargai at the P^ir^fifijoniionajdi'ejifid, for the End
of the faid Voyage : And al/o, Jhall aful will pay JbrDe/norrage (f any Jhall be Ay the
Default of him theJaidC, D. hisFaUorsqr ^jignsj the Sumojt 6pc. \)<:r Do)', t^ufy,
and mery Day, as the fame Jhall grow due. And'thjitid A-.l^^fif-htm/ulJ, hilEx^
teuton, and Admintjirators, doth covenant, pfoimfe, Mul grant, to and with the fiud
C. D. bis Executors, Admitiijlrators, and A^fjignSr by thefe PreJ'entii that the J^id
Ship or Vcffd p.allhe ready at the Port c/'London ^otake inGaodi by the J'aidQ. 1).
on or bfore, Sec. next coming. And theJ'aidC D. for himfelf, his, &c. doth cove'
nant and promife, within ten Days ajjer the faid Ship or Vefj el jhall be thus ready, to
have his Goods put on board the faid Ship, to proceed on itt the faid Vo)'age j andaljb on
the Arrival of the faid Ship af,6cc, withiff, &c. Days, to have his Goods ready to put on
b'j^rd the faid Ship, to return on the faid Voyage. And the J'aid h.. li. fur himfslf, his
Executors, and Adiiiinijhators, doth farther covenant and grant to and with the faid
L' . D . his Executors, Admiiiijirators, and Ajjtgifs, that the Jaui Ship or Vejfel now is, and
at all Times during t/.v /aid Voyage Jhali be, to the bejl Eftideavours of him the f<;dA. li.
his Executors, and AdminiJ}rators,and at his ami their own proper Cojis and Chaiges,
in all Things tnade and kept Jiiff, Jiautich, J}rong„well apparelled, furnilhed, and pro-
vded, as well with Men and Mariners, J'ujficient and ah!: to fad, guidr', and govern.
the
0/ BILLS OF LADING,
c.
rbc fiui Ship, as with all Manner of Rigging, Bo,ifs, Tucik, /Ipparct, l-urniture,
Pr'ovijim, and Appurtenances fitting and necejjary *br the Jaid Men and Mariners,
and for the /aid Sbip during the Voyage aforefaid. ' .. Witncfs, Gfr.
The following is the Form of a Charterparty, whereby the Owners of one Moiety
of a Ship let to Freight their Share to the Owners of the other Moiety.
THIS Charterparty, indented, made,Sfr. between A. B. andC D. o( London;
Merchants, Owners of the one Moiety or half Part of the good Ship or
Veffel called the Neptune, of the Burden of aoo Tons, with the like Moiety of
all the Sails, Mafts, Tackle, Apparel, Furniture, Ordnance, and Appurte-
nances thereunto belonging, now riding at Anchor in the River of Thames,
within the Port of London, of which the faid C D. is Mafter, of the one Part,
and E. F. and G. H. of Londottt Merchants, Owners of the other Moiety and
Reftdue of the faid Ship, with the Mails, Sails, Tackle, Ordnance, Furniture,
and Apparel thereunto belonging, on the other Part, Witnesseth, that the
faid A. B. and C. D. have granted and letten to Freight, and by theje Prtjlnts
do grant and let to Freight, all their faid Part and Moiety of the faid Ship and
Prcmiles, unto the faid E. F. and G. H. for a Voyage with her (by God'sGracc)
to be made in the Manner and Form following.
That is to fay. That the faid A. B. and C. D. for them, their Executors, Ad-
miniftrators and Affigns, do hereby covenant and grant to and with the faid E. F.
and G. H. for them« their and either of their Executors and Adminiftrators by
tbefe Prefints, that the faid Ship (being already laden) (liall with the firrt good
Wind and Weather, after the Date hereof (God permitting) fail direiftly from
the faid River of Thames to the Port of Leghorn in Italy (the Perils and Dangers
of the Seas excepted) and there difcharge luch Goods and Merchandizes as fhall
be dircfted and appoint^ by the faid E. F. and G. H. or one of them, their, or
ohe of their Fa<itor« or Afligns, and from thence (hall fail, and take her diredt
Courfc, as Wind afiii Wedtlwr (hail ferve, with as much Speed as may be (the
Perils and Dangers of the Seal excepted) to Veftice, and there (hall (lay and abide
the Space of forty working Day«, next after her firft Arrival there, to unlade all
fuch Goods and Merchandizes as (hall remain on board for Account of E. F. and
G. H. after her Delivery at Leghorn as aforefaid ; and to relade fuch Goods,
Wa'-'is and Merchandizes as the faid E. F. and G. H. or either of them, their
or either of their Fadtofs or Aifigns, (hall think fit to charge and re-lade, aboard,
and into the faid Ship, that is to Jay, Co much as the laid Ship can conveniently
tarry, over and above her Vidhials, Tackle, Ammnnition, Apparel, and Furniture.
Antl tlie faid Ship with her faid Loading (hall with the hrft good Wind and
Weather, after the Expiration of the faid forty Days, fail and proceed from tlie
(aid City of Fenice to London. And the faid E. F. and G. H. for thcmfelves, and
cither of them, their and eitli^r of their Executors and Adminiftrators, do cove-
nant, promifc and grant to and with the faid A. B. and C. D. and either of
them, their and either of their Eiieeutors, Adminiftrators, an Afllgns, by thcfe
Prcfents, that they the ftid E. F. dnti G. H. or one of them, their, or one of
AK\t Executors,- Adminiftrators,- or Afligns, (hall and will well and truly pay or
caiife to be paid to the faid A. B. and C. D. or one of them, their, or one of their
Executors or Adminiftrators, within the faid City cf London, for every Ton of
fuch Wares and Merchandizes as fliaU be laden or unladen in the faid Ship, during
the f.ild Voyage, the Sum of, ^c. fcbunting the Tonage according to Cujlom j or if
a certirin Sum is a^feedfdr the Voyage, Out and Heme, or fo much per Month) for
the Part and Intereft oV the faid vf . B- and C. D. in the laid Ship, and for, and in
Rcfpeft of the Freight and Hire of their Part of her ; which laid Money is to be
pain in Manner and Fbrrtt foOiWing : That is to fay, one third Part {hereof
upon ihe right Difcharge of the faid Ship, and another third Part thereof with-
in the Space of (ix Weeks then riex'f following, and the remaining third Part
thereof within the Space of two Months next eftfuing after the End and Detcr-
juination of Ihc (liid lix Weeks.
And the (aid A. B. and C. D. for them, and eiffier of them, their and cithor
of their Executors and Adtniniftritors, do coveaant and grant to and with the
faid
11^
;f' .i-v:
I i-'
:m
I'U
ti6 0/ B I L L S O F L A D I N G, (^f.
faid E. F. and G, H. their Executors and Adminiftrators iy tbefe Prtftntt, that
the faid Ship, for their Part, diall be ftrong and ftaunch, and well and lufiiciently
tackled and apparelled, with Sails, Sail-yards, Anchors, Cables, Ropes, Gun-
shot, Artillery, Gunpowder, and all other Inftruments, Tackle, and Apparel,
needful and ncccfTary for fuch a Ship and for fuch a Voyage, together with an
able Mader, and luHicient Number of Mariners.
And to the Performance of all, and every the Covenants, Grants, Articles, ar.d
Agreements, on the Parts, and Behalfs of every of the faid Parties, truly to be
holdcn, performed, and kept, in all Things as is aforcfaid, the faid Parties to
thcfe Pr^'ents, do bind themfclves to one another : that is to fay, the faid A. B.
and C. D. do by thcfe Prefents bind themfclves, and either of them j and their
fcveral Executors and Adminiftrators, Goods, and their Part and Intcreft in the
faid Ship, with the Eurniture thereof, to the faid E. F. and G. H. and to their
Executors and Adminiftrators ; and the faid E. F. and G. H. ilo in like Manner
bind themfclves, and either of them, their and either of their Executors, Ad-
minidrators and AiTigns, and all their Goods and Intereft in the faid Ship, to the
faid A. B. and C. D. their Executors and AdminiArators, in the Sum or Penal-
ty of one thoufand Pounds, of lawful Money of Great'Britain, by the Pany or
Parties infringing the faid Covenants, or any of them, to the other Party or Par-
ties truly obferving, to be paid by Virtue of tbefe Prefents.
The great Variety of CircUmftances which dinerent Voyages occafion, naturally
produce a correfpondent Diverfity in Charterparties, and were I to quote a Series
of all that offers on thisHead, J /liould greatly exceed the Limits I have prefcribed
myfelf. I therefore the rather omit it, as from thofe preceding others may be
formed, to anfwer every Purpofe required j I (hall therefore, to what has alrea-
dy been faid about Freight, add here the Copy of a Bill of Lading, which is a
Writing wherein Maflers of Ships acknowledge the Receipt of Goods aboard^
and oblige themfclves to deliver the fame in good Order and Condition at the
Place where they are configned to. There muft. always be three made out, and
in England they are to be on ftamped Paper, otherwife they are invalid, of which
one fliould be remitted per firft Poft after Signing to the Perfon the Goods go
to, another be fent him per the Ship, and the third remain with the Shipper ;
helide which a fourth Diould be made out on an pnftampcd Paper to be given the
Maflcr for his Government.
18 .
W. B.
N". laio.
The Form of a Bill of Lading, viz.
S Hipped in good Order by A. B. Merchant, in and upon the rood Ship called
ivhereofC. D. is Majter, now riding at Anchor tn the Rtver of Thames, and
bound for Alicant in Spain, ten Bales containing fifty Pieces ofBroid Cloth, marked
and numbered as per Margin, and are to be debverea in the Hie good Order and Con-
iKtion at Alicant aforefaia, (the Dangers of the Seas exceptedj unto E. F. Merchant
there, or to his AJJigns, he or they piling for the faid Goods per P;>« Freight,
lOitb Primage and Average accuftomed. In Witnefs whereof the Maftcr or Purfer
of the faid Ship hath affirmed to three Bills of Lading of this tenor and Date ; one if
ii'hich Bills being accomplijhed, the other two tojlandvoid. Andfo God fend the good
Ubip to her defigned Port in Safety. Amen.
Dated at London.
%
Demorrage, or Demurrage, is an Allowance made to the Mafler of a
Ship by his Freighters, for Aaying longer in a Place than the Time firfl ap-
pointed for Ills Departure, and is generally inferted in the Charterparty to Dc
paid daily as it becomes due ; the Days arc always limited, fo that on Expiration
thereof, and Protefts duly made, the Mafter is at Liberty to proceed, as is before-
mentioned.
Bottomry is the Adl of borrowing Money on a Ship's Bottom, by engaging
the Veflel for the Re-payment, io that in Cafe (he milcarry, the Lender lofes
his Money, though if flic finifhes her Voyage and arrives in Safety, the Borrow-
er is to re-pay the Loan with a Premium or Interefl agreed on (which is always
adequate to the Ri/k) and if this is denied, or deferred, the Lender (hall have the
Ship.
I Bottomry
I "..•
0/ B I L L S O F L A D I N G, (^f. 117
Bottomry is likcwifc called Fantu Nauticum, Pectmh trajeaitia, and fome-
timcs Vfura Marina, though improperly, for notwithftanding the Intercft in
thcfc Contrafta is always much larger than that the Law prelcrjbes for Monies
Irnt on landeu Securities, yet it is never accounted Ufury, as Marine Loans are fur-
nidicd at the Hazard of the Lender, which the others are not i and where theRifk
is grcatcft on the advanced Monies, the Profit oueht reafonably to be fo too.
Money lent on Bottomry it. commonly on the Snip only, though Ibmetimcs it
is upon the Perfon of the Borrower, and fometimes on both ; the firft is where a
Man takes up Money, and obliges himfelf, that if the Ship agreed on arrives at
fuch a Port, then to re-pay the Loan, with the Intercft ftipubtcd, but if the Sta l-ui.
Ship mifcarry, then nothing. But when Money is lent at Intereft, it is deliver- ^°^' "''
ed at the Peril of the Borrower, and the Profit of this is merely the Price of tlic
Loan i whereas the Profit of the other is a Reward for the Danger and Adventure
of the Sea, which the Lender takes upon himfelf, and makes the Intercft law-
ful. Vfura Marina joins the advanced Money and the Danger of the Sea toge- 7«r.*'/ Lam
ther ; and this Obligatory fometimes to the Borrower's Ship, G(X)ds, and Pcrion. '^■^•""•y-
Where Bills, or Bonds of Bottomry are fealed, and the Money is paid, if the DUw.
Ship receives Injury by Storm, Fire, &c. before the Beginning of the Voyage,
then only the Perfon borrowing runs the Hazard, unlcls it bf otherwife pro-
vided ; as that, if the Ship ftiall not arrive at fuch a Place, at iUch a Time, Off.
there the Contradt hath a Beginning, from the Time ol the Sealing : But if the
Condition be, that if fuch a Ship Ihall fail from London to any Port abroad, and
fhall not arrive there, Gfc. then &c, there the Contingency hath not its
Beginning till the Departure.
A Mafter of a Ship may not take up Money on fiottomry in Places where his
Owners refide, except he be a Part Owner, and then he may only take up as
much as his Share in the Ship will anfwer j for if he exceeds lat, his own Ef-
tate is liable to make Satisfaction* ; but when a Mafter is in a ftrange Country,
where there are no Owners, nor any Goods of theirs, or of his own, and for want
of Money he cannot perform his Voyage, he may in this Cafe take up Money
on Bottomry, and all the Owners are chargeable thereto ; but this is underftoud, Sait. jj.
where Money cannot be procured by Exchange, or any other Means : And in * ^"^^ '•''^"
the firft Cafe, the Owners are liable by their Veffel, though not in their Per- '^'
fons ) but they have their Remedy againft the Mafter.
Some Mafters of Ships, who had infured or taken up Money on Bottomry, to n c-»r. li.
a greater Value than their Adventure, having made it a Practice to caft away and *"^'' ''•
deftroy the Ships under their Charge, it is made Felony, and the Offenders to
fufiTer Death.
By another Statute, it is enafted, that after the i^of Auguji, 1746, every 19 c«. II.
Sum lent on Bottomry, or at R^ndentia, upon any Subjetils Ships to, or from "P- 37- p.
the EaJi-IndiN, fliall be lent only on the Ship, or the Merchandizes laden on '^'"
board her, and fo exprefled in the Condition of the Bond^ and the Benefit of
Sahage (hall be allowed to the Lender, his Agents, Gfr. who alone fliall have a
Right to make Affurance on the Money lent ; and no Borrower of Money on
Bottomry, or at Jlefpdndentia, as aforefaid, ftiall recover more on any Afturancc
than the Value of his Intereft on the Ship or EiFe^s, exclufive of the Money
borrowed. And if the Value of his Intereft doth not amount to the Money bor-
rowed, he fliall be refponiible to the Lender for the Surplus, with lawful Intereft
for the fame, together with the Affurance and all Charges, (Sc. notwithftanding
the Ship and Merchandize be totally loft.
All his Majefty's Subjedts were piohibifed during the Continuance of the late n g«>. II. p.
War to lend Money on Bottomnr or Refpondentia, on any Ships or Goods be- 76-
longing to France, or to any of the French Dominions or Plantations, or the
Subjedts thereof, and in Cafe they did, the Contracts and Agreements to be void,
and they or any Agent or Broker interfering therein was to forfeit 500/. (Sc,
Some have pradtifed the taking up Monies on a fidtitious Suppofition, the Con- p. -j^,
dition reciting. Whereas there is fuch a Ship (naming her) bound to Amftcrdam,
•whereof fuch a Man is Majier, (although there be neither fuch a Ship or Mafter
exifting) that if that Shipjhall not arrive at fuch a Place within tin'elve Months,
the Money agreed on Jhall he paid ; but if the Ship JImU arrive, then nothing; this is
By
m
'^■""M
Htt. It. aw. 918. A'*i'<9;.
Ltlli t^t.Stli.n, L4X Mre. 102, 121.
II h
an
wm
?•■■
iif<-
pt
jiSi O/ B A L L A S T.
aa unrcafonable Way of raifing Money copied from the Italiam, and tliougli it
is alfo very unconfcionablc, and, as to internal Right, unjiidii yet it has had 4
Currency between the nccellitous and avaricious Part of Mankind, and was ad-
judged* that fuch a Contrad was good, according to the Common Law of tliis
Realm, and that on a fpecial Verdict l)ut thouzh it has this Sandion, yet the
prohibiting Infurancc, InUreJi or no Interdi, (us by the afore-rccitcd Ad) will
tend to render it at lea<l lels pradicablc, if nut utterly to dcllroy it.
The Form of a Bill of Bottomry.
TO all People to lobom tbefe Prefentt Jball come, I A. B. of, &c. Owner and
Majler oj the Ship called, &c. oj the Burthen of two hunJreii Tons, now riding
at, &c. and bound for, &c. in the Well Indies, fend greeting: lyherens I the fiid
A. B. am at this Time nectjjitated to take up, upon the jidventure of the fiid Ship,
called, tec. the Sum of lOO I. for fetting forth the f aid Ship to Sea, and funiijking
her with Provifons for the Jaid Voyage, which CD. of, 6cc. Merchmt, hath on
Retfueji lent unto me, and jupptied me with, at the Rate o/'ao/. for the faid loo/.
during the faid Foyagtt Now know ye, tkit I the faid A. B. do by thcjc Pnfeiits,
for me, my Executors and ytdminijiraters, covenant, and grant to, and witb tbt
fitid C. D. that the faid Ship fjall witb the frjl fair Wtnd, after the Day, &;c.
depart from the River Thames, and Jhall, as l^'ind and H^eathir Jhall frve, pro-
ceed in her Voyage to, &c. in the yJtii Indies; and having there tarried utitil, 6cc<
and the Opportunity of a Convoy, (if in Time of War) or being fooner dfp^itc bed
(which lliall firft happen) Jhall return from thence, and Jhall, as ffind and IVea-
tbcr Jhall ferve, direilly fail back to the River of Thames, to furnijh her jUid
Voyage: And I tbt faid A. B. in Con/ideration of the faid Sum oJ loo/. to nie in
Hand paid by the Jaid C. !>. at, and before, the Sealing and Delivery of tbefe Pre~
fents, do hereby bind myfelf, my Heirs, Executors, and Adminijirators, my Goods
and Chatties, and particularly the faid Ship, witb the Freight, Tackle, and Appa-
rel of the fame, to pay unto the J'aii C. D. bis Executors, Adminijirators, or AJ'-
Jigns, the Sum of izol. oflawjui BritiHi Money, within one and twenty Days next
after tbt Return and fafe Arrival of the faid Ship, in the faid /imr 0/ Thames,
from the faid intended Voyage. And I the faid A. B. do for me, my Executors and
Adminijirators, covenant and grant, to and with the faid C. D. hu Executors and
Adminijirators, by theje Prcfents, that I the faid A. B. at the Time of Sealing and
Delivery of tbefe Preftnts, am true an/* 'awful Owner, and Majier of the jaid Ship,
and have Power and Authority to charge, and engage the faid Ship, as afonjaid; and
that the faid Ship Jhall at all Times, aj'ter the Jaid Voyage, be liable, and chargeable
for the Payment of the i zol. according to the true Intent and Meaning of tbefe Pre*
fents. And, laftly, // is hereby declared and agreed, by and between the faid Par-
ties, to tbefe Prefents, that in Cafe the faid Ship Jhall be loji, mifcarry, or be cafl
away, before her next Arrival in the faid River a/Thames, from the J'ame intended
Voyage, that then the faid Payment of the faid 120 1. Jhall not be demanded, or be
recoverable by the faid CD. his Executors, Adminijirators, or Afjignss but Jhall
ceafe and determine, and the Lofs thereby be wholly borne and fufained by the faid
C. D. his Executors and Adminijirators : And that then, and J'rom thenceforth, every
A£i, Matter, and Thing herein contained, on the Part and Behalf of the faid A. B.
Jhall be void; any Thing herein contained to the contrary notwithjlanding. In
Witncfs, &c.
Of Bal/aft,
LUttr't c»fc, ' I THOUGH Ballaft has been adjudged to be no Part of a Ship's Furniture,
Utn, 46, 47. Jl yet it is fo rcquifite to the failing of mo.. Veflels, as to render an Enquiry
into its Coft, and the Laws about it, very ncceflarv, whilft treating on Maritime
Affairs; it generally confifts of Sand, Gravel, or Stone, though any heavy Matter
anfwcrs the Purpofe, which is to fink the Veflcl to its proper Depth in the
Water, or fo to adjuft Weight and Counterpoife, as to enable h;j' to bear Sail
without ovcrfetting.
• C. B. HiU. 12, »j. Ctr. II.
All
Of BALLAST.
All Moftcrs of Ships lying in the River of 'tbamts, flull fniy to the C'orpor.ition ^ Q-
of 'Trinity- J lou/f, for all Ballafl demanded, and entered at the Uallall DHicc, tJic **' ^
Rate:, following, viz. for every Ten confjfting of twenty hundred VViijjht, car-
Snip employed in the Coal Trade tzd, and for cveiy Ton car-
119
. II i'
ried to any Ship eniployeii in me v-oai 1 rauc i2(i, anu ror eveiy
ried to any other tiriti/l> Ship i^d. and for every Ton carried to any ibreign Ship ''I
1 9 J. and thcCornoiation ot Trinity- 1 louft , (hall pay for the railing and tarrying
every Ton of BallaA ()d. whereof bd. Ihall be paid to the two tiallait Men, and
2^ J. for the Lfe of the Lighters.
Nothing in this Ad Ihall alter the Price of wadicd Iia!laft. Ditto f. »
If any fialliiftman (liull deliver any Ballall, which Uiall fail fhorl of Qu;intityj Ditto '. j.
or rtjall ntgledt to deliver to any Ship fuch Quantity as the Rulers of the Ballall
Oflice fliallby their ufuul Tickets dircdj or lliall deliver more, or other tialliift
than (hall be dircded, every Uallailman fo ofilnding, and Oath being made of
the Fad, within ten Days after the Ort'encc, or within ten Days after the next
Return of fuch Ship, by the Madcr, or other Otiicer of any fuch Ship, before
any Supervifor of the Uallad Otiicc, being an elder Brother, (hall fore\t;ry Ton,
which (hall appear to fall (hort, and for every Ton, diredcd by the Ballali Rulers,
which fi'i h Ball.alman (liall negled todeUver, and for every Ton delivered con-
trary It ihc Dircdions of the faid Rulers, forfeit is, and bd.
The laid Maikr, Wardens, and Adiftants, (hall make good to the Mailer of Ditto f. 4.
fuch Shm, the Qm uitity or Value of the Ballafl, whi< h ihail be found deficient ;
and in Cafe ruclil\etompence (hall not be made wiima ten Days after the fame
ihall be demanded, the C )rporation Ihall foiieit 50/. fisff. which Recompencc
the Corporation are impowered to (lop out of the Wages due to fuch Ballailmen,
over and above the Penalties.
No Perlon fliall oblige any Ballaftman to deliver Bailaft, which (hall bedircded Ditio r. j.
by the Rulers of the OfBce to be carried to any other Sl.ipj and if any Perlon
(hall fraudulently receive any greater Quiintity of BulLiil, than they (lull enter
and pav for at the Office, every Per(bn 10 offending, and being tijcrcofcoiuiCted,
upon Oath of one Witncfs, before a Juflice of Peace for tiie City ot London, or
the Counties of Midd/c/ex, iyj'ex, Kent, or Surry, within their refpcdivc Jurif-
didlons, fliall for every Ton of Ballaft forfeit zs. and bd.
If any Ballaftman (hall refufc, to work for the Wages herein mentioned, or 0;,,^ f. g,.
having contraded to Icrve for any Term, Ihall quit fuch Service, or (hall depart
from the Service of tlvc Corporation, without giving three Months Notice in
Writing to the Supervilbrs of the Ballaft Office j or (hall rofufe to work, or fhall
not work in fuch Stations in the River Thames as the Corporation (hall appoint,
or fhall work in any Station contrary to the Orders of the Rulers of the Olfice,
given in Writing; or fliall join inanyConibinatiori, to raife Wagcs.or obftrud the
Service of the Corporation, or the Navigation of the River, every Pcribn fb of-
fending, and being convided as aforcfaid, fhall forfeit 5/.
The Corporation of Trinity-Houfe fhall caufe Marks to be fet on the Stem and
Stern of every Lighter, between every two Gauge Marks now placed on the Stem
and Stern, that the Tonage of every fuch Lighter may be diftinguiflicd by a
gradual Pvogrcluon of two Tons and a half.
It fliall be lawful for the Mafters of Ships taking Ballaft, to meet in the Square p-
at Billingsgiite, on the third Monday in yune, '\n every Year, and to adjourn as
the Majority of them fhall think fit, and by Writing under the Hands and Seals
of the major Part of them, to appoint Perlbns, having been Mafters or Mates of
Ships, toinfpedthc Ballaft Lighters, which Perfons are impowered to examine
the Marks; and in Cafe fuch Perfbns fhall fufp^d, that ajiy of the Marks have
been altered, and fliall at the Ballaft Office require the faid Lighter to be re-
wcighed, the Corporation fhall, within ten working Days after fuch Requeft,
caule fuch Lighter to be re- weighed; and in Cafe the fame fhall be found to be
of as great I'onage, as by the Marks fhall be noted, the Charge of fuch re-
weighing fliall be paid by the Pcrfons requiring the fame; and in Cafe fuch Per-
foiis fliall not pay the Charge within ten Days after fuch re-weighing, they fhall
forfeit c/. but if fuch Lighter fhall be found of lefs Tonage than the Marks de-
note, the Charge of fuch Re-weighing fhall be borne by the Corporation, who
fliall caufe the Marks on the Stem and Stern of fuch Lighter, to be placed in fuch
Manner as to denote the true Tonage) and in Cufe the Cor^xiration fliall negled
t9
1
"
tl;:
n
; . *-
■:<■%
■\%
Ditto f. 7.
^':^-
'mo {. >.
■m
120
Of BALLAST.
to have fuch I.ie^ter re-weiehed, or to mark the fame according to this KfX, the
Corporation (hall forfeit jo/. tic.
IJiiio C 9 No more than two Lighten (hall he required to be re-weighed in any one
Week.
DitM r 10. It (hall be lawful for any Maftcr of a Ship to appoint two Pcrfonn belonging
to fuch Ship (whereof the Mate to be one) to go on board sny Lighter, bring-
ing BallaA to fuch Ship, to infpedl the Mark* before and after the Delivery ^^i
fuch BallaA i and every Ballaftman (hall immediately, before the Delivery of
Ballad to any Ship, trim fuch Lighter fo as to make the fame fwim, at <-i]ual
Marks, at the Stem and Stern, and pump all the Water out» and if any rcrfou
working on board fuch Lighter, (hall hinder any Pcrfon fo appointed from going
on board fuch Lighter, or (hall begin to deliver the Ballaft before luch Lighter
(hall be trimmed to fwim at equal Marks, and the Water pumped out, every
Perfon fo offending (hall forfeit 5/.
Ditto (. II. If any BallaAman (hall work, or deliver Ballaft, in any Lighter not weighed,
marked, numbered, and allowed by the Corporation j or (hallaltcr or counterfeit
the Gauge Mark, or the Number of fuch Lighter, he (hall forfeit 10/.
Ditto i. M. If any Ballaftman (hall demand and receive from any Mafter or 0»licrr, of an
^f?.< . .'
tny
ull
■M
I
Ship, any Money, on Account of Ballad, or the Delivery of the fame, he (1
forfeit 40 s.
Ditto f. I J. The Ballaftmen employed in the Service of the Corporation, (liall be fiibjeifl
to the Regulations of the Corporation; provided fuch Regulations do not txtcnd
to the lowering the Wages.
Diti* f 14. It (hall be lawful for any Mafter of a Ship to carry as Ballaft from London, or
any Part of the River 7'A<i/«i'/, any Dung, Chalk, Soap A(hes, Flints, Clay, or
other Goods, now claimed to be furni(hed as Ballaft, fubjedt to the Reftridlions
herein after mentioned.
Ditto f. I J. The Mafter of evefy fuch Ship (hall (irft make Entry at the Ballaft Office, or
with the Officer of the faid Corporation at Gtavrfend, of the faid Goods, and the
Name of fuch Ship, and of the Mafter.
Oitie r. 16. At the Time of fuch Entry, the Mafter of fuch Ship (hall pay for fuch Licence
to the Corporation i d. for every Ton of the faid Goods.
Ditto r. 17. If any Mafter of any Ship (hall put on board any of the faid Goods before fuch
Entry and Payment, or (hall (hip any greater Quantity than (hall be fo entered
and paid for, he, on Conviftion before one Juftice, (hall forfeit 5/, Gfr.
Ditto r. 18. Provided that the whole Quantity of Dung and Compoft, liccnfcd to be (hipped
for the Ufe of the Coafters and Colliers, does not exceed three thoufand Tons
in any one Year, to commence from the fir^oi June i and that the whole
Quantity of Chalk and Chalk Rubbi(h does not exceed three thoufand Tons; and
that the Quantity of Soap Afhes, and all other Commodities herein licenfed, docs
not exceed two thoufand Tons, in any one Year.
Ditto r. 19. All Entries of the Goods fo licenfed, which fliall be (hipped in the laft (even.
Days of May, (hall be made at the Trinity Houjt in London, and not at
Gravefind.
Ditto f. JO. It (hall be lawful for any Mafter of any Ship to carry as Ballaft, from any
Part of the River Thames, any Bricks, Tiles, Lime, or other merchandifeable
Commodity, without paying any Thing to the Corporation.
Ditto r. 2;. This Adt ftiall be a publick Adl, &r.
Ditto f. i6. This Aft ftiall continue from the firft of June, 1733, ^°^ ^^* Years, and to
the End of the next Se(fion of Parliament.
Continued for feven Tears, &c. by 11 Geo. II. Cap. 12, and farther continued
for 1 1 Years, and from thence to the End of the then next Seffion of Parliament by
18 Geo. II. p. 548.
And as it has been the Praftice of many unthmking Maftcrs of VefTcls, rc-
gardlefs of the publick Welfare, to throw their Ballaft out any where, to the
great Detriment of many Ports, &c. the Legidature thought proper to prevent
the Continuance of fo prejudicial a Cuftom, by pa(fing the fubfequcnt Law; the
Preamble to which (ets forth, that Mafters, and other Perfons belonging to
Ships, coming into Havens, navigable Rivers, fife, do throw out their Ballaft
either on the Shore or on the Side, and below the ufual Sea Mark, and do no
ether Annoyances, to the Detriment and ObftrudUon of Navigation, (Sc.
2 For
F<
or O
ever,
be tl
nel,
Ston<
flow*
whic
or id
Perlii
cecH
Confc
more
Of BALLAST.
Ill
For Rctflcdy whereof, it it tniUltiU that if, after 7«m' i, 1746, any MiOct '9 ^'•» H,
or Owner, or any I'erfun a^tiiig as Mailer of tny Ship or oth«r VcfTi I whatfo-
ever, flwll call, throw out, or unlade, or if after the D.iy aforeCnul, there (lull
he thrown out, ^c. «f any VefTel, hting within any Haven, I'ort, Ri).id, Chan-
nel, or navijj»blc River, within /^w^/./W, any Hallaft, Rubhilh, (Jia.vl, T -.rth,
Stone, WrccK, or Filth, hut only \\w\\\ the L.ind. where the Tide nr W 'ter never
flowior runs J anyone or more Juiticcs for the County or l*T,ite where or near
which the Ortcncc (hall he committed, unon Fnfoitnation thereof, Jhall fnnimon,
or irt'uc hib Warrant, for hringing the Maftcr or Owner of' the Vdlcl, or otlicr
Pcrlbn ading ait fuch, heforehim, and upon Appearance, or F)cl miIi, lli.ill pro-
ceed to exatnine the Muter of Kaft, and tipon Proof made tlui. of, ciiluMiy
ConfcHion of the I'arty. or on View of the Jufticc, ot upon the Oith of in- or
more credible Witncffcs ^which Oath the faid JuHice is 10 udiiiinilL-r) he !l>. II
convidt the faid Mailer, firr. and fine hitri at his Difcrction, (or (very i'ucli Of-
fence any Sum not exceeding 5/. nor under 50/. Qft-. and for want of fulVitiiMit P* <"?•
DiilrefH, the JulHce is to commit the Maftcr, or Perfon ailing as lUch, iu\J cun-
viAvd a^ aforefaid, to the common Goal or Houfc of Corrcdiun, fin the Space of
two MontliH. or until Payment of the Penalties.
■ The faUo'wing yl£i cxilaiNing an^ umrndin^ the former, pajjid 32 Ceo. II.
The Ad of 6 Ge: II. for the better regulating Lallagc and Billalt.ige in ihc ,j a,, il.
River Thames, being near expiring, it is enaded tliit all the Powers, ClaulVs, f. i-
and Provjfions therein, other thnn ftich as arc hereby nm^odcd, rtiall loiitiuuc
in Force until the the 24th of ynne, 1770, and fWjm thence to the E-idof the
then next Seffion of Parliament.
Dung, Compoft, Soil, I-^arth, Chalk, RuhhJfh, Soap Alhes, Soap VVallc, Flints, r. 1.
Tobacco-pipe Clay, or other Clay, or any other Goods, claimed to be fiiruilhcd .is
BaUaft by the !rr/>r«'ji'//e/f/^nubjcdlncvcrthclcfsto the Payment of Rates and Duties,
and under the I'rovifos and Rellriftions aforementioned) maybe ftiippcd in Colliers
or Coaftcrs from LohJoh, or nny Part of the Thames, fo that the (amc doth not
exceed ^000 Tons, over and above 2000 Tons, allowed lo be ihippcd by the
L«fl"ccs or Occupiers of Layftalls, on the Condition after mentioned i of Cnalk
and Chalk Rubbilh looo Tons, and of Soap Alhes and other Commodities
claimed to be furnifliedfas Ballail by the Trinity HouJ'e, 2000 Tons.
Before (hipping the Ballaft claimed by the 'trinity HouJ'e, the Maftcr or Owner f. 3.
(hall make a due Entry dt the Ballaft Office of the Trinity-HouJ'e, Lonthi, or at
the Trinity'Houft at Gravejtnd, (unlefs the Balbft be fliippcd in the laft fcven
Days of the Month of May, then the Entry at London only) and of the Ship's
Name, and of the Mafter, and at the fame Time pay to the Corporation i d. a
7*00 for a Licenfe.
. If any of the Commodities be (hipped before Entry, or any greater Quantity f. 4.
(hipped than entered, to forfeit 5/.
Bricks, Tiles, Lime, or merchantable Commodities, to be (hipped without 1 ;•
paying for Liccniic.
All Lighters and other Veflels employed for carrying Dung, Gfc . on board <" ^■
any Ship or Veifcl to be firft weighed, marked, and numbered, by an Officer of
the Trinity-Houfe, on the Penalty of 5/. and a Gauge Mark of the Number and
Tonage of the Veflcl to be painted on the Stem or Stern of the Vcrt'el, if re-
moved to forfeit 5/.
If the Gauge Mark has been removed, altered or changed, the Corporation r. 7.
may rcwcigh the Lighter, and, if the Tonage is more than marked, the
Owner to torfeit 5/.
The Trinity Company to find Lighters to take Ballaft from Ships within tliree f- 8.
Days after Notice from the Maftcr, unlefs frofty or tempcftuous Weather, on
I'ortciture of 50/.
The Owner or Mafter to pay 6d. per Ton to the Company for Lighterage, f. 9.
The Maftcr to forfeit 5 /. for unloading any Ballaft below high-water Mark ; ^ ^ ^^,
and 40/, to be paid by any Perfon throwing any Dirt, Rubbifti, Allies, &.c.
from any Wharf, Quay or Bank, or from any Barge or Lighter.
*.' ' H
\\-.
:'P.'
■m.
li
Of
1*^ ^
i::i]
1 a„ 1.
,J. f. ..
W^ci\.
ii'^
Dins r. 2,
Ditto
Ditto r 4.
Duo r.
Ditto f. 7.
Ditto f. 8.
Ditto f. q
f. 10.
1'. II
0/ P I L O T S, ^r.
Of Pilots, Lodefmen or Locmen.
T) Y thefc different Denominations are fignifi^id the fame Office, which is to'
13 conduiS any Vcflel or Ship into a Road or Harbour, over Bars or Sands, or
through intricate and dangerous Channels, being occafionally called in to the
Mafter's AlFiftance when failing as abov:, or by unknown Shores, and diffident
of his own Skill and Judgment; though in many Parts, where the Approach or
Elntrancc to Harbours, Gfc. are hazardous and difficult, the taking a Pilot is not a
voluntary Atfl. but obligatoiy on the Mafter, otherv/ilit, in Cafc of a Lofs, he
muft mr'ke it good; apd the following Laws arc now in Force concerning them,
here in England.
If any Perfon fliall take upon him to condudt or pilot any Ship, by, or from
Dov^r, Deal, or the Ifle of Tbanet, to any Place on the River Thames or Medway,
before he has been firft examined, by the Mafter and Wardens of the Society or
Fellowfhip of Pilots of the Trinity- Hou/'e of Trover, Deal, and the Iflc of Tbanet,
touching nis Ability, and approved and admitted into the faid Society, at a Court
of Loadmanage, by the Lord Warden of the Cinaue Ports, or his Deputy, and
the Mafter and Wardens; fuch Perfon for the firft Offence (hall forfeit 10/. for
thefecond 20/. and for every other Offence 40/. (Sc
This Ae"^ (liall riot prevent the Mafter or Mate of any Ship, or Part C ner,
rcfiding at i, wtr, Dealy or rhcljic oi Tbanet, from piloting his own Ship; nor
fubjedl any Perfons to the Penalties, who fliall be hired by any Mafter to pilot
his Veffel; provided none of the Society, within one Hour after fuch Ship fliall
arrive at any of the faid Places, be ready to pilot the fame.
Mafters of Merchant Ships may make Choice of fuch Pilot of the Society, as
they (hall think fit; and no Perfon ftiall continue iu the Society, who (hall not
piiot a Ship, at leaft twice in one Year (unlefs prevented by Sicknefs) to, and
from, the Places abovementioned.
For Conduding any Ship from Dover, Deal, or the Ifle of Tbanet, to any
Placci on the River Thames and Medway, the following, and no greater. Prices
(hall be taken, viz. For every Ship drawing fevcn Feet Water 3/. 10 j. eight
feet 4/. nine Feet 4/. loj. ten Feet 5/. eleven Feet 5/. 10/. twelve Feet 6/.
'.liirteen Feet 6/. loj. fourteen Feet 7/. fifteen Feet yl. los. fixteen Feet 8/.
feventeen Feet 8/. los. and no Allowance to be made for odd Inches.
If anv Pilot fliall negligently lofe the Ship under his Care, and be thereof con-
vidtcd, he fliall for ever after be incapacitated for adUng as a Pilot; and the Num-
ber of fuch Pilots Ihall not be Icfs than a hundred and twenty, whofe Names,
Ages, and Places of Abode, fliall, every 25th oi March, be affixed in fomt pub-
lick Place at the Cuftomhoufes at London and Dover; and for not returning fuch
Lift, the Mafter and Wardens of the Society (liall forfeit 10/. &c.
This Aft fliall not hinder any Perfon from affifting a Ship in Dhtrefs.
The Mafter and fuch two Wardens of the Society, as (hall be appointed to ex-
an-lne any Perfon on his being admitted a Pilot, (hall take the following Oath,
to be given by the Regiftjr of the Court of Loadmanage, viz.
r A.B. do /wear, that I -will impartially examine, and enquire into the Capacity
"fd Skill of in the Art of Pilotage over the Flats, and round the
Long Sand Head, and the Co<2/?x o/" Flanders a«</ Holland, and will make true and
J^tedy Return thereof to the Lord War den of the Cinque Ports, for the Time being, or
his Deputy, -ivitl ;,.' Favour, AffeSlion, Fee, or Reward.
So help me God.
This Aft fliall not extend to the taking away any Liberties vefted in the Cor-
poration of the Trinity-Houfe of Deptford Strond.
Thib Aft fliall be a publick Aft.
This Aft fliall continue fcven Years, fitc^
Continued
123
'4'
Of PILOTS, ^r.
Continued by % Geo. II. Cap. 21. /o 25 March, 1749, &c. Further continued
until 25 March, 17645 and from tbenct to the End of the then next Seffion of
Parliament, by 23 Geo. li. />. 485.
The Lord Warden of the Cinque Ports, or his Deputy, with the Affent of the 7 g,., r
Commiflioners of Loadmanage, and of the Mafters and Wardens of the Society ^' f'
of Pilots of the I'rinity Houfe of the Cinque Ports, at a Court of Loadmanao-e,
may, during the Continuance of 3 Geo. I. Cap. 13. rmke Rules and Orders for
the better Government and Regulation of the Pilots refiding at Dover, Deal,
and the Iflc of Tbanet, and may order a fufficient Number of them, not lefs than
eighteen, to ply conftantly at Sea, to be ready to conduct Ships up the Rivers
01 Thames and Medway, and the Lord Warden, &c. at a Court of Loadmanage,
may fufpend or deprive anjr of the faid Pilots, for breaking the faid Rules or
Orders J and if any Pilot, during fuch Sufpenfion or Deprivation, (hall take upon
himfelf to conduit any Ship, by, orfromDov^, Deal, or the We of Thanet, to
any Place upon the River Thames r>r "^iedivay, he fliall be liable to ull Penalties
provided by the faid Ad againft (.. -ii Perions as (hill condu<ft Ships from and to
the Places aforefaid, without being lirft examined and approved of by the Mafter
and Wardens of the faid Society.
Continued as the preceding ASl of i Geo. I. Cap. 13. ^ 8 Geo. It. Cap. 21 to
25 March, 1749. And farther continued to 25 March, 1764, by 27, Geo. II.
/. 485.
If any Perfon (haU take the Charge of any Ship as Pilot, down the River of ,c«. it. c,
Thames, or through the North Channel, to, or by Orfordnefs, or round the Long *^' '■ '■
Sand Head, into me Downs, or down the South Channel \nto the Downs, or from,
or by Orjordnefs upon the North Channel, or the River oi Thames, or the River
Medway, other than fuch as (hall be liccnfed to ad as a Pilot, by the Mailer,
Wardens and AlTiftants of the Trinity- Houf ot Deptford Strona, under the com-
mon Seal of the Corporation; every Pcrlbn fo ortciiding, and being convided
before two Juftices of the Peace for the City of London, or the Counties of
Middlefe:{, EJfex, Kent or Surry, fhall, for every Offence, forfeit 20/. provided
that nothing in this Ad fliall extend to the obliging any Mafter of any Ship in
the Coal Trade, or other Coafting Trade, to employ a Pilot.
The Pilots already admitted by the faid Corporation ftiall be fubjedt to the Ditto r. 8.
Regulations of the Corporation, provided the Regulations J-i not relate to the
Pilots keeping of Turns, or to the fettling the Rates of Pilotage, . .d fhall pay
the ancient Dues, provided the fame do not exceed one Shilling in the Pound,
out of their Pilotage, for tlie Ufe of the Poor of the Corporation, within ten
Days after the Service of fuch Pilots fliall be ended.
In Cafe fuch Pilots fliall refufe to take the Charge of any of his Majefty's Ditto f. ».
Ships, when appointed thereto by the faid Corporation, or fliall have milbehaved
themfelves in the Condud of any Ships, or in any other Part of their Duty; or
if Pilots fliall refufe to obey any Summons of the Corporation, or fuch Orders as
the Corporation ftiall make in the Premifes, the general Court of the faid Cor-
poration, upon Examination thereof, are required to recall the Warrants granted
to fuch Pilots; and if fuch Perfon fliall (after Notice given by the Clerk of the
faid Corporation to them in Perfon, or left at their Place of Abode) ad as Pilots
within the Limits aforementioned, they fliall be fubjed to all the Penalties
infiided on unlicenfed Pilots.
Nothing in this Ad fliall extend to the impeaching of any Privileges enjoyed Ditto f. n.
by the Pilots of the Trinity-Houfe of Kingston upon Hull, or the Trinity-Houfc of
Newcajile upon Tyne.
This Ad fliall not extend to the Imueaching any of the Franchifes, nor to take Ditto 1. u.
away the fole Right of pilou » Merchant Ships, from, or by Dover, Deal, and
the Ifle of Thanet, upon the Rivers Thames and Medway, granted to the Society
and Fcllowfliip of the Matter, Wardens, and Pilots of the Trinity-Houfe oi Dover,
Deal, and the Ifle of Thanet, by 3 Geo. I. Cap. 13.
This Ad fliall be a publick Ad, Gfr. Ditto r. ,3.
In France no one can fcrve as a Pilot until he is at leaft twenty-five Years Du.JiCm.
old, and has paflcd a ftrid Examination of his Knowledge in the Fabrick of ''•" 3 p.
Ships. 9'i-
nn
'h
' f>f
M4
0/ P I L O T S, ^c.
I; V .. !
ships, ajid concerning die Tides, Banks, Currents, the Rocks, and other dan-
gerous Parts, in the Rivers, Paris and Hitvens, where tlicy are eftablilhed.
They are obliged after they are approved and admitted always to have their
Boats fumilhcd with Anchors and with Oars, that they may alv/ays be in a
Condition to luccour Ships on their firft Signal.
No Mariner, that is not admitted a Pilot, as above, (hall offer to conduct any
Vcffel, except where a Ucenfed Pik)t is wanting; ?ind, in this Cafe, tlie Mafter
of the Ship may take a Filherman, though this mail quit the Care of the Veflcl
to a rcgiiilai Pilot, in Cafe fuch a one of&rs, before they have paffed tlie dangeroos
Parts, and a Satisfaftion fliall be made the Filherman for his AflUbnc out of
what would have been due to thp Pilot, had he taken Charge of her from the
Beginning.
If any Pilot is drunk when he offers to engage in his F,ufi<^ion, he HiaJil foT"
feitiooSols, and be fufpendfd for a Month. ..'•.;. lul
Ships that are neareft are to be piloted firil, under Penalty of 25 Livrcs to the
Pilot, whoHiall prefer one that is more diftant; and they are equally prohibited
to gp farther than the Roads to meet the Ships, or to enter them againft the
Mailer's Liking; nor to quit them until they are anchored and moored in Port;
and, if it is in going out, not until the Ship is in open Sea, on Penalty of lofing
their Stipend, and b^ing mulfted in 30 Livrcs.. .
Fo«- the Vcflel's Security, and the Pilot's Difcharge, the Mafter fliall declare
what Water the Ship draws, on Pain of forfeiting to thfe Pilot 25 Lirrcs' for
every Foot he conceals.
Pilots muft not exaft more for their Affiftance than what :« regulated by their
Officers, and contained in the Tariffs in the Regifter Office, and fixed upon the
Key, excepting in Ciifes of Storms, and evident Danger, when it fliall be iettled
by the Arbitration of the ordinary Officers, with the Intervention and Advice of
two Merchant.
The Marine Ordinances declare all Promifcs void, th^t are made to Pilots under
the Apprehenlion of a Shipwreck.
The Pilot, who througn Ignorance ftrands a Veffel* flwU bf whipt, and for
ever deprived of exercifing his Fundtion again. And he who maliciouflv rnns a
Ship afliore, fliall fuifcr Death, and his Corpft be fixed to a Maft near tne Place
of the Wreck.
It is likcw'fethe Obligation of the Pilots to fee that theBuoys and Sea Marks
are well placed, and to examine whether there be no Alteration in the ordinary
Depths and Palfages, that they may give Advice to their Officers, or to the
Mafter of the Key or Port.
As fijr the Port, it is free to all Mafters and Captains, as well French, as Fo-
reigners, to take thofe Pilots they like befl, without being obliged at their going
out to make ufe of thofe that brought them in.
In Holland the Regulation of Pilots is fuitable to the other marine Inftitutions
of that fage Republick, from whence thofe of moft other European Nations arc
copied, and as the Pilot's Pay varies in the different Provinces of that State, and
our cxtenfivc Commerce with it renders a continual Ul'e ol them neceflary, 1 (hall
give my Reader an Account of that Part of their Laws whiioli I think may he of
Service, and merit his Regard, in as brief a Manner as the Importance of the
Subjeft to all that are, or may be, concerned in the Dutch Trade, will permit,
without curtailing any Thing I flull deem rcquifite for their Information.
The Stoics oi HoJlanJzndlVeJi-Frize, in their Ordinance about the Pilots of
Huyfihiyncn, Pcttcn, Calans-oog, Texel, and the neiglibouring Parts, order That
No one (hall be admitted as a Pilot who is aot ftrong and robuft ; not lefs than
V w tsv. twenty-five or above fixty Years of Age, who fliidl have failed at leaft four Years
ju I s dc i-//. in the Openings of that Country, and have an entire Knowledge of tlic Currents
of the Texel, and he Ihall then have a Mark given him of his Admittance.
To evitate all Uilputes, the Governors or Stecrfmen of the Pilot Boats may pot
aboard the Veird that wants one, fuch fworn Pilot as he thinks inoft capable,
without any Hindrance from the others, under Penalty of 6 Florins, except the
Mafter clcds any other than him propofed.
I No
Orjenimti
J/i El . «
h
168;.
Art I, 2.
Uicio art, }
Of PILOTS, ^c.
125
No other Pilots but thofe who have been examined and authorized as aforcfaid, *""• •«• '•
and have received the Badge of their Office (which they are to fhew, as well as
this prefent Ordinance to all Comrtiajiders before they undertake to condudt
them either in or out, under Penalty of ibrfeiting 24 Florins for each Offence)
(hall dare to undertake the Charge of any Ship going out or coming in, ^c.
The Pilots are obliged to condudl the Ships, as far as on this Sid^: the Vlaak, Dit «rt 7.
and if the Captains dcfirc to be piloted farther, the Pilocs may not refufe, though
thereby they are detained, one, two, or three Days, extraordinary, aboard, thty
fhall have 6 Florins befides their common Pay, if the Ship is only in Ballaft, or
y Florins, if flie is loaded, provided that all foreign Ships, (fexccpting only thofc
which bring Oxen) pay 9 Florins, if empty, and 13 Florins 10 Sols, if laden;
and, if a Pilot remains aboard more than the faid three Days, he (hall have 40
Sols a Day, befidcs his ordinary Salary, the fainc as the Pilots of VUeland and of
TcrJ'cbclling have, according to the fifth Article 0/ their Ordnance; biit when, in
Winter, a Pilot has condudted a Ship into a good Road, free from the Danger of
the Ice, and remains there two or three Days, the Pilotage is earned, and it ihall
be free to the Captain to detain th^ Pilot on board, paying him 40 Sols per Day.
If it happens that a Pilot, having, conduced the VelTel on this Side the FtiaJk\
and the Mailpr cannot pay him» cither for Want of Money, or qtherwifc, ib that
the Pilot is obliged to (.omc up with the 'Ship to the Place defigned, the Mafter
fliall give him twelve Florins bcfides his PilotrTc, and may for. this make ufe of
him until their Arrival; but, if the Pilot is accidentally detained through Want
of a Boat, Gfc. . to. put him aOiorc, in fuch Cafe, the Mailer is not obliged to
pay him any more than his Pilotage. .
All Pilots fliall be obliged to board the Ships at a League without the Shallows, Ditto ««. 8.
or FLts, and thofe which fliall not enter them but on this Side the firlt Buoy,
fliall only have half Pilotage.
All Ships and Gallies that mine from the Weft, from the Levant, from Bar- D'tw trt. 9.
bary, Genoa, the Canaries, from Spain, France, England, Mufcovy, Groenland,
Denmark, Sweden, Coningsberg, Duntzick, Bergen, Drontbiem, Nileus, Hambourg,
and other Places in their Neighbourhood, as aifo the C.;11iots, or other Vcflels,
loaden with Charcoal, of whatfoever Nation, they are, as well Foreigners as
Natives, who will enter the Texel, fliall be obliged to take Pilot;;, und to pay
them on the Footing of the prefent Ordinance, when they come to offer tlicm-
felves without the Buoys, provided that the Veflcls from tlie North fh.ill pay 24
Sols the Foot to Niewws Diep, and 24 Sols the Foot to this Side of the Vlaak, and
that they are free in the Road of the Merchants, or Koopiuarders Recde. The
Veflels coming from Normer, Drontbiem, and Rotnfdaal, with Bale Goods, Iron,
Fifli Oil, and other Commodities, fliall pay as much as thofe from the Daltick,
without Exception; but the Galliots or Smacks coming from I'Eydcr, 'Jutland, or
Norway, either in Ballaft, or loaden with Cattle, fluiil p.iy 1 5 Sols tiic Foot, if
the Pilots go aboard them beyond the Openings, and tht Pilots may leave them
when they have condudcd them into the Road of the Merchants; but if a Pilot
quits his Ship before bringing her into the faid Roads, he lliall forfeit 1 2 Flo-
rins; and, if the Captain will be piloted on this Side the Vlaak, he lliall augment
the Pilot's Salary 5 Sols per Vooi, paying 20 Sols inftead of 15. And if the
Captain refufes to pay the Pilot, this latter may follow him to his deftined Port,
to recover his Salary, and the Charges occafioned him, for which Charges he
fliall be allowed 12 Florins; the Veffels which have a third of their Loading,
fliall pay as is ordered in the 24th Article, and all that is taken in with the
Tackle, or that is loaden in a Ship from Hand to Hand, whether it be Oils,
Bales, Sacks, Cafks, Lead, Gff . fliall be reputed Merchandize, except all Sorts
of Wood, which fliall not be efteemcd fucii.
The Pilots fliall be obliged to go and come once a Month tlirough the Open- Ditto arf. 10.
ings, to found the Depths exadly, to vifit the Banks and Shores, and nicely to
examine the Buoys and their Ropes, to fee that they are not worn out, and whe-
ther the Shallows are any Thing altered, which they fliall aUb be obliged to do,
as often as there (hall happen tempcftuous bad Weather; and, if they perceive any
Change in the Shallows, Banks, or elfewhere, they fliall be obliged imniediiUely
to declare it to the Lords CommifTioners, that they may immediately remedy it.
K k And
'i-m
< ^ •
\ 1
mmm
i.
I'?
v: :
H-:S'
Ditto tit. II.
0/ P I L O T S, ^r.
Ultiout. 1 6
And if it happens that the Pilot ^uns the Ship afliore, whether through Vi! -
lainy, DilaAcr, Inadvertency, or Imprudence, the Commiirioners ihul take
Cognizance of it, and puniOi him according to the Exigence of the Cafe, either
by Sulpenfion, Difcharging, Banifhing, or by a greater PuniHiment, even with
Death; but if it happens through an extraordinary Cafualty, ts by an unforefeen
Mifchance of a fudden Change of Wind, or of the Current, or other fimilar
Accidents, the Penalty (hall be moderated by the Commiflloners, as they <hall
think juft; ordering to this Effect the refpedive Officers to inform themfelves
exa^iy, of what has pafTed, and to fend their Declarations to the CommiHioners,
at, alfo, if the Cafe require it, to feize the Pilot, and proceed againft him, accord-
ing to what he has done.
Ships or other VeHels (hall pay for piloting oat, viz.
! 10 Feet Water ■ .■ 8 Sous i
1 1 D^' I . 9 D** \ the Foot.
12 D** — ^ ioD» J
And thofe that draw above twelve Feet Water (hall pay 1 2 Sols the Foot.
And in Cafe of refulin? Payment, the Pilot, on the Ship's Return, may purfue
the Captain to the Place nc is bound to, to recover his Due, with Charges, for
which he ihall be allowed 12 Florins } but the Veflels going to the North are
excluded; and thofe which have a Third or more of their Cargo, (hall pay
Pilotage as follows.
Thofe that draw from
to 8 Feet Water
9
9i-
10
jof
ri
12
»3v
5". 6
6
7
i
9
10
II
12
^3
»4
'5
16
10
10
14'
ij
16
,6f
17
181-
'9
19:-
20
Feet Water
18
2Q
?a
25
V
30
35
40
4+
48
u
10
10
IV
I
thofe that draw more Feet Water (hall pay for every (urplus Foot 1 2 Florins,
and 6 Florins for each half Foot, but nothing for the Quarter of a Foot.
Ditto irt. 17. And every Pilot (hall be obliged to abide aboard till the Ship is got without,
and (hall not undertake to carry out another till he has ccndufted the fir(l into
open Sea, on Penalty of 12 Flurins Mulft, and Sufpenfion for twelve Weeks;
and, when the Wind is fair for getting out, tl.v. Pilot's Boat mtift not take any
one to carry aboard, but the Captain of the Ship which the Pilot is going to take
under his Care, on Forfeiture of 8 Florins; but if it happens that fome other
Captains go in the fame Boat, they (hall be obliged each of them to carrj' a Pilot
■ with them, to conduft their Ships abroad, if they do not declare that their Pilot is
left aboard, and tell their Name and Surname, on Penalty to the Boatman or
Pilot who undertakes it, (be it through Malice, Ignorance, or Contempt of the
Laws) of 9 Florins, for each Captain that he has carried aboard without a pilot,
and (liall be obliged on his Return a(hore, to declare to the Officer the Names of
the Captains that he has carried aboard, and that of the Pilots, as above, oji Pe-
nalty of 18 Florins.
When the Pilots arrive on board, they (hall immediately demand of the Cap-
tain or Mate how much Water the Ship draws, which they (liall be obliged to
declare without Refervc, on Pain of forfeit ine i6 Florins.
The following Pilotage (hall be paid fo;- the Entrance of Ships, according to
the Feet they draw of Water, counting by Feet and half Feet, which the Cap-
tains (hall be obliged to pay, except thofe which come from the North, as in tne
9th Article, viz. in Summer, to commence (Vom the ift oi April to the ift of
September, to be counted from the Day that the Ship pa(rcs the Vlaak, and not
Irom the Day that (he (hall be got in.
For
Oiito art. \i.
Ditto art
a*.
'9.
0/ P I L O T S, &c.
Fer eMery Sbip «r Veffil that draws
t2y
iji Feet Water
?.36
40
47 »•
l\
90
100
no
19
■ -n
tn Winter, to begin from the ift {^September to the loft Day ^March*
7» 8, 9> to I o Feet Water
lOi
Hi
12 — — -
12I
,3 _
I3I
14 — -
i+r
15 -
F. 18 15:- Feet Water
19 10 16 ■
- 21 i6{ -*—
22 10 17
- 24 171-
26 18
- 28 iSi
- 34 19I
38 10 30
- 43
F. 48
- 63
■ ?S
- 92
103
' "5
127
• 140
10 Ditto *n.iii
10
10
And every Veffel that draws more than twenty Feet Water, ihall pay for every Ditto vt. tti
Foot over, 25 Ilorins, though only Feet and hailf Feet fhall be paid for, without
reckoning any Thing for the Quarter of a Foot, under Penalty of 20 Florins.
All Veflcls coming from the Levant, Bariary, the Canaries, from Spain, Ditto art. 34i
France, England, Mufcovy, and all other Parts, as in the 9th Art. with a Third,
or more, of their Loading, fh&ll be deemed as full, and fh^l pay 3 Florins inilead
of 2, provided that the reft of their Cargo coniifts only in Salt, or in common
Goods; and the Veflels which (hall not have a Third of their Loading, ihall
pay according to the preceding Regulations, made in this Ordinance,
jVI Ships coming from Guinea Jhall pay
Drawing 8 Feet Water
8
Ditto an. 1(4
10
This being the Tax of Pilotage during Winter; and Ships coming from Amc
rica, from Brazil, or the neighbouring Coafts, half loaden, fhall pay as thofe
v\ -uch come from Guinea; but thofe which (hall come from America, or from
tlic Strcigfjts with Salt, (hall only pay as other Ships loaden with Salt, according
to the prefent Ordinance.
^ Provided,
I
m
1'. »:■ 1
Diito irt. t6.
Of P I L O T S, ©>f.
Ditto trt. t8.
R»*..
Ditto art. 30.
T'laV
M-!l
hi ■
Ditto lut 31
i-Jt
•i'H i :*
{If.
A
'ji.
Provided, that the Pilots who (hall bring in any Ships !n a great Storm, or
fuch as are without Artchors, Mafts, Cables, 6r ft. udder, Iha 1 have, belides their
ordinary Hire, as niuch as, the Commiflary, or the Arbitra^)rs, which he fliall
havfc cftablirticd, think prober to adjudge.
Ditto art. 17. And all Pilots Ihall be likcwifc fifcliged toc&rry all Ships and Captains out to
Sea, whenever they arc required, and this pn reafonable Terms; and no Piiot
(liall undertake to carry out more thfc^n onfShib at a Time, under Penalty of 25
riofins, and Sufpenlion of fix Weeks : Neither is it permitted to any Pilot, who
has undertaken to condu-^ a Ship out, to rcli^n her to another, under Pain of
6 Florins Mulifl; but if i»y fuch Pilot happtns to fall fick, the Captain may
take any other he pleafc".
When Pilots are {o carry out, or bring ii: Ships', they cannot oblige Captains
to take' more than one, nor to charge him for any Damage that their Boat may
have fuffered in going aboard, or before the Ship, on Penalty of 25 Florins, unlels
that it.be by exprefs Order rf the Captain, ii^which Cal'e Jie muft produce Proofs
of the faid Order; in Want of which, he Iliall not bo alloWbd more than a
conimon Pilotage.
And in Cafe thaf a Ship appears either by Night or by Day, without meeting
with any Pilot, and her Company defire any Filherman (not admitted to the
Funftion) to condudt her in, the Fifherman Is obliged to dcJare to the Captain
thatlie is no fworn Pilot : In tlie "mean Time ne may enter the Ship, and under-
take to bring her in; but, if afterwards, it happens that a Pilot tomes aboard to
offer his Service, he fhall be preferred, and tlic Fifherman obliged to quit her,
txccpt he agrees With the Pilot that they fliare the Pilotage between them, which
fliall be at the Election of the one and the othir.
But if the Fiflierman has once brought the Ship within the firft Buoy, before
the fworn Pilot got on board, the Fifherman (hall not be oblfged to abandon her,
nor to yield up the Moiety of the Pilotage.
Di'to art. 3J. Item, all Ships being in Danger, tlieir Captains may demand and take two Pi-
lots, paying a double Reward; but, if theVe remains more than one Pilot aboard,
without the Captain's Order, thofe that remain unordered fliall have nothing to
pretend to but what the Captain pleafes to give them freely, as he fliall think
proper.
When a Pilot has brought in a Ship, and received his Salary, he fliall be obliges*
to give the Captain an Acquittance, which fhall contain the Number of Feet the
Ship draws, and the Sum he has received; which Acquittance he fhall fign or
mark, and the Captain fliall be obliged to demand one, upon which to rciiiiburfe
himfclf the Pilotage from the Merchants, in Want whereof thefe latter fliall not
be obligated to pay him any Thing; and, bcfides this, the Captain and the Pilot
fliall forfeit 6 Florins each.
We forbid every one, 'ofoevcr he be, to infult, abufc, or injure any of the
Pilots admitted md fworn either in the Streets, at the Writer- fide, in the publicic
or private Houfes, or to deride them for their Employments, on Penalty of 6
Florins for the firfl Time; 1 2 Florins and an arbitrary Correilion for the fecond j
1 8 Florins and Banilhment for two Years for the third.
Diico an. 36. If it happens that any Ship is forced to enter by the Openings to anchor, cither
by a contrary Wind or otherwife, and would go out again, fhc fliall pay 1 5 Sols
prr Florin Pilotage; but fuch as would be conduced within the F/aak, fhall pay
full Pilotage; and, if the Pilot has brought the Ship fafely into the Amelander
Dirp, eithci by the Captain's Order, or conflrained thereto by bad Weather, the
Pilot fhall be ')bliged tn remain on board, at the Will of the Captain, until a
proper Seafon ofi'ers for getting out, and the Pilot fhall have 6 Florins, once for
all, for his Time, bcfides his Victuals.
Ditto art 37. If any Captai.n defircs his Ship to be conduded in the Bcilg, the Pilots fliall
be obliged to carry them for 20 Sols the Foot, for which the faid Pilots are to
convey the Ships as ffr into the Balg as the Captains pleafe, and as a great
Number of Boats or " rges are commonly employed in going before large Siiips,
to found the Coaft for ihcir Security, there fliall be paid for each I^oat, whetlicr
they have one or more Men in them, the Two-thirds of the Salary of one Florin
per Foot, provided the faid Boats fhall have a Third more, fur Shijvs laden with
Merchandize,
Ditto an 33,
Ditto art. 35.
>:^
Of PILOTS, ^f *
ti^
Merchandize, as in the Article 24, the Whole, without any Difpute, on Pe-'
nalty of 12 Florins, befides the Pilotage) and it is to be underflood, that wheu
a Ship in Winter, or in the icy Sesdons, Ihall have been condadled into the
Balg, by Order or Confent of the Captain, or his Mate, the Pilotage Ihall be
earned, and afterwards a half Pilotage fhall be paid for carrying the Veflcl from
the Balg to the Vlaak.
Ships which return from the Eaftt from Norway, and the adjacent Parts, Ditto <rr. 39.
although they had taken and hired a Pilot, on going, even with the Confent of
the Commiflary, they (hall ncvcrthelels be obliged, on their Arrival before the
Place, to take another to condud them through the Openings, and to pay him
the Pilotage upon the Footing of this prefent Ordinance, the which Pilotage
(hall be parted between the two Pilots; and him that (hall have been taken to
bring in the Ship (hall be free, after he has brought tlic Sh*p in the Road of the
Merchants, or Koopvaarders Rtede.
Each Pilot Boat, or Galliot, i])all carry a white Vane or Weather Flag at the Dieio uu 40.
Top of the Mail, in which may plainly be fccn tlie Number of j, 2, 3, 4, 5,
fSc. to the Number of Boats that there (hall be, or clfc the Number (hall be
marked in laree Figures of two Feet Iquare, with black Tar, at the Top of each
great Sail of the Boats: And if a Pilot Boat palTes by a fmall Ship, without put- .
ting a Pilot aboard her, with the View of going to a larger, tne Captain may
declare it, and in this Cafe all the Pilots who (hall have.fo neglc(Red him, (hall
forfeit 25 Florins each; and all who (hall go to Sea without their Number marked
in their Flag, or in their great Sail, (hall alio pay 25 Florins f ach, arid (hall
be fulpended fix Weeks; and thofe who (hall have found any one in Fault, and
not declared it to the Officer, (hall pay the fame Muldt.
The States, at the Tinie bf making the foregoing Ordinince, for the Pilots
of Huytduynen, Petten^ Calam-oog, Texel, and the adjacent Parts, made another
for the Pilots of Vlidand and ler Scbelling, and the neighbouring Territories,
differing chiefly from the other in the Names of the Places, and fonicthing in the
Charge of Pilotage, which I (hall particularly mention.
Every Captain of a Ship that enters by the Vlie, with a Pilot of TVr Schellhg, art- 4; ;
fliall be obliged to pay 6 Sols every Time, niore than the ordinary Pilotnge, for
the Relief of poor and aged Pilots.
The Pilots (hall be obliged to go aboard the Ships at a League beyond the «re. 6i
Flats, and thofc who only embark on this Side, the firft, fecond, third, or fourth
Buoy, (liall have no more than 1 5 inftcad of ao Sols per Foot; and if any Pilot,
having conduced a Ship up the yiaak, and is, detained either by bad Weather,
or tlic Want of a Boat to cany him a(hore, in this Cafe he (hall have 1 Florin
per Foot; but if, in Winter Time, the Ship is flopped by Ice, the Pilot fliall
endeavour to darry her into the Ruys ou Sioit, and, having lecured her there, he
Oiall remain four Days to fee whether the Weather will change, and, if then the
ice continues, he has earned ^is Pilotage, and may quit the Ship, and the Cap-
lain (hall pay him 3 Florins for his Attendance the four Days; and, if the Cap-
tain will detain him yet longer, he (hall pay 1 5 Sols per Foot, befides his Pro-
vifions; but if the Captain will abfolutely bc.carried up the ^laak, the Days of
Pay (liall ceafe 6n heaving up thie Anchor, and the Pilot (hall be obliged to
condudl him for 15 Sols the Foot; and we prohibit all others but fworn and ad-
mitted Pilots, to undertake the bringing any Ship from Piere\;eld, by the Open-
ing of the A^/i:, on Penalty of 25 Florins. , •
All VeiTels coming from the Eajl, Weji, hoin Mufccky, and the adjacent Parts, art 7.
as alfo thofe from Bergen, Drorabiem, and Nileus, and all Charcoal VcfTels draw-
ing eight Feet Water, which will enter by the Vlie, (liall be obliged to take a
Pilot to bring them in, although they have taken one at the Sond, or elfcwhcre,
without leaving the Captains at Liberty to refufc, or to cxcufc paying tlie
Pilotage; and in Cale of Refufal, the Pilots may follow the Capta-ns to the Places
they are bound to, to recover the Pilotage and Charge of their Journey, which
fliall be fettled at 12 Florins, provided that the Galliots, or other fmall Veflcls,
which draw no more than ftur, five, and fix Feet Water, (hall pay to the
.%!// 24 Sols the Foot, and to this Side of the Vlaak, 34 Sols the Foot; the Ships
t,oniiug from Nornier Drontbiem, or from Romfdaal, leaden with Iron, Oil, &r.
L 1 (hall
' '.V'V
ii<Kl
I
m:
'"i.\:" ■■:
130
Of WRECKS, ^c.
atl. 14, I,-.
(hall pay ai much m thofe which come from the BaUici, without Exception I
but the Oalhots or other Vcflels, vHiich only draw ten Feet Water, or lefst
comine from I'Eydtr, Jtitland, or Nf>rn$>ay, with their Ballad of Salt, or loaden
with Beeves, (hall pay i c Sols per Foot, if the Pilots enter them withaut the
Openings, and condu^ them to the Slaot, where they may quit them : But if
a Pilct leaves a Ship before he has brought her to the (aid Place, he (hall forfeit.
12 Florins j and, if the Captain will keep the Pilots till on this Side the Vlaak,
they (hill pay them 5 Sols for each Foot more than the 15: And, in regard of
loaden Ships, it (hall be regulated, according to the 9th Article, except for
thole who arc only in Ballaft, or thofe which are loaded with Wood or Cattle.
Thofe VeiTcls which have one-third of their Cargo, (hall pay Pilotage, as
dir.-dled in Art. 16. for the Ttxeli and tho(e coming from the K.d& and North,
(hal' pny Entrance as underneath, according to the Feet they draw, to be counted
by t'cct and half Feet; but the Galliots or fmall VelTels coming from the North,
which only draw from four to (ix Feet, (hall be exempt, as in the preceding
Article, vix. in Summer to commence the i ft of April, provided the Veif^
pa(re8 the Flaak that Day, for afterwards the Diftindtion (hall not be made of the
Pilotage of the Summer and Winter, but of the Day that the Ship pa(re8 the
Vlaak, and not of the Day of her Entrance.
Every Ship or Vefftl which draws
5, 6, 7, 8, to 9 Feet Water F. 1 2
9t ■ 12 10
10 — — - 13
loi 14
And the Remainder to so Feet,
fei
Iff
exadtly the fame as Article 20 in the preceding Ordinance.
And for the Winter's Pilotage to commence from the ift oi Septemhtr, if the
Vc(rcl palTcs the Vlaak that Day, till the laft of March.
Every Ship or Vejfel which draws
4, 5. 6, 7, 8, to 9 Feet Water F. '8
9'- — — . 18 10
10 — — —— 19 10
loi. ■ ao 5 And the reft as far as 20 Feet,
is the fame as in Article 21, of the foregoing Ordinance.
As are all the other Articles which I have omitted here, being only Repetitions
of the others quoted before, and as moft of the Marine Laws in the Northern,
and other Kingdoms where there are any, are taken from their Batavian Neigh-,
hours, I (hall not enlarge further on this Subjeft.
Of Wrecks^ Flotfam^ Jetfam^ and Lagan,
A Wreck, (in Latin, Wreccum Maris, and in French, Wreck de MerJ fig-
nifies in our Law, fuch Goods as, after a Shipwreck, are caft upon Land
by the Sea, and left there within fome County; for they are not Wrecks fo long
as they remain at Sea, in the Jurifdidtion of the Admiralty.
560. io6. *. Flotfam, is when a Ship is funk, or othcrwife periflied, and the Goods flo? .
upon the Sea.
J^tfa"', is when a Ship is in Danger of being loft, and, in order to favc by
lightening her, fome Goods are caft into the Sea, and notwithftanding which
(lie sftei-wards peri(hcs.
La^an, or L!gan, are thofe heavy Goods which are caft into the Sea, before a
Ship IS loft, in order to preferve them, and that they may be found again, (if
Providence permits) a Buoy is generally faftened to them.
The
t fn(l. 167.
s6o, 106. a.
Brmam.lih.l
Of SALVAGE, ^f. 131
The King ftjall have Fhtfam, Jet/am, and Lagan, when the Ship pcriflieth, '';^f,,'"'
or when the Owners of the Goods are not known; but when the Ship does not *
pcrifh, e contra.
A Man may have Fhtfam and Jetfam by the King's Grant, and may have c.*« ;. ftrt
FloHam within the high and low Water-marit by Prefcription, as it appears by •^','i,'°^',„„,
th^ of the Weft Countries, who prcfcribc to have Wreck in the Sea, fo far as/./. 167.
they may fee a Hwnbtr Barrel.
By the Grant of Wreck will pafs Fhtfam, Jetfam, '..nA Lagan, when they arc Sir //«. r«.
caft upon Ae Land; but, if they are not caft upon the Land, the Admiral hath ^.;*^'^| pf,'*;
Jurifdiftion, and not the Common Law, and they cannot be called tfreck. J,l 107.
By the Common Law all Wrech belonged to the Crown, and therefore they are nr»a. hk. 1.
not chargeable with any Cuftoms, becaufe Goods coming into the Kingdom by "/■ S-
Wreck, are not imported by any Body, but caft aftiore by the Wind and Sea :
But it was ufual to ftize IVrecks to the King's Ufe, only when no Owner could
be found; and, in that Cafe, the Property oeing in no Man, it in Confcqucnce
belongs to the King, as Lord of rhe Narrow Seas.
Though when a Man, Dog, or Cat, efcapes aJive out of any Ship that is loft, "V* •• «•
neitherthe Ship, nor any Thing therein, ftiall be adjudged Wreck, but the Goods ♦" * *' ''
fhall be faved and kept a Year and a Day by the Sheriff, to be rcftored to any
Perfon who can prove a Property In themj and if nobody appears to claim iij
that Time, they fhall be forfeited as Wreck; the Year and Day ftiall be accounted 1 laS. 166.
from the Seizure; and, if the Owner of the Goods dies before the Expiration
of that Term, his Executors or Adminiftrators may make Proof, though, if 5 Rep. 106.
the Gbods are ^ona peritura, (periftiable Goods) the Sheriff mvy fell them
within the Year, taking Care h^ docs it to the beft, Advantage, and accounts
for their Produce. . '^i 4",
If a Man has a Gfant ai Wreck, and Goods are wrecked u^on his Lands, and , Havilt.f.6.
another taketh them away before Seizure, he may bring an Adlion of Trefpafs, 94-
fife, for before they are felzed, there is no Property gained to make it Felony.
If Goods wrecked are feized by Pcrfons having no Authority, the Owner may 2 inU. 166.
have his Aftion againft them;, or, if the Wrong-doers are unknown, he may
have a CommifTion to inquire, t^c.
Goods loft by Tempeft, Piracy, Gfr. and not by Wreck, if they afterwards »7 ej. iiw
come to Land, ftiall be reftor^d tfa the Owner. «• '3-
When a Ship is ready to fink, and all the Men therein, for the Prefervation 2 Inft. 167.
of their Lives, quit the Ship, and afterwards flieperiflies, if any of the Men
ere faved and come to Land, the tioods are hot loft.
A Ship on the Sea was chafed by an Enemy; and the Men therein, for the
Security of their Lives, forfook her; Ihe was afterwards taken by tlie Eneimy,
and fpoiled of her Goods and Tackle, and then turned adrift ; after this, by Strefs
of Weather, ftie was caft on Land, where it happened her Men fafely arrived:
And it was refolved that this was no Wreck.
Goods may be retained for Payment of Salvage; but if the Ship and Goods
perifli in the Sea, and the Owners do totally forfake her, and ftie thereby becomes
a DereliSf, in fuch Cafe, the firft Poffeflbr that recovers her, or any Part of her
Lading, gains a Property, and this, according to the Law of Nations, at is that
given for /oft, or whereof there is no Hope of Recovery.
Of Salvage^ AveragCy or Contribution,
SALVAGE is an Allowance made for faving of Ship or Goods from the
Dangers of the Seas, Pirates or Enemies, and is provided for in the following
Afts, Gff.
The Sheriffs, Juftices of Peace of every County, and a?l Mayors, Bailiffs, and 12 A».St. »;
other head Officers of Corporations, and Port Towns near the Sea, and all Con- '^^ ''" ^' ''
ftables, Headboroughs, and Officers of the Cuftoms, fhall, upon Application
made to them, on Behalf of any Commander of a Ship, being in Danger of
being ftranded, command the Conftables of the Ports neireft the Coafts where
fuch i: p fhall be in Danger, to fummon as many Men as fhall be thought
neccffary,
I
.-■'■' 'I
•M
'^:,.|9|ff
l|g>^'tiMg
' * '^^^
v'^y^
■I , *:
• , ' ■;.
A
pf
I:
13a . 0/ SALVAGE, ^f.
nccefliiry, to the Aliiftancc of fuch Shipi and if there Hull be any Ship belonging
to her Majefty or her Subjcdls, riding near the Place, the Officers of the Cuftoms,
and Conftables, are required to demand of the fuperior Otficers of fuch Ship,
AlTidancc by their Boats, and fuch Hands as tliey can conveniently fparet and,
in Cafe fuch fuperior OfHccr of fuch Ship neglc^ to give fuch Afliftance, he Hiall
forfeit 100/. to be recovered by the fuperior Officer of the Ship in Dillrefs, with
Cofts, in any of her Majefty 's Courts of Record.
Diiio r. 1. The Colledors of the Cuftonis, and the commanding Officer of any Ships,
and all others who (hall a£l in the prelerving of any fucii Ship in Diltrcfti, or
their Cargoes, fhall, within thirty Days, be paid a reafonable Reward, by the
Commander or Owners gf the Ship in Diftrcfs, or by the Merchant, whofc
Ship or Cjoods (lull be favcd; and in Default thereof, the Ship or Goods (hall
remain in the Cuftody of fuch Officer of the Cuftoms, until all Charges be
paid, and until the faid Officer of the Cuftoms, and the Maftcr or other Officer
of the Ship, and all otlicrs Co cm^lo^ed flial' be rcafonably gratified, or Security
given for that Purpofe, to the batisfadion of the Parties j and in Cafe, after
(uch Salvage, the Commander, Mariners, or Owners of fuch Ship fo faved, or
Merchant whofe Goods (liall be faved, (liall difagree with the Officer of the
Cuftoms, touching the Monies dcferved by any of the Pcrfons employed, it (hall
be lawful for the Commander of the Ship fo (avcd, or the Owner 0/ the Goods,
or the Merchant intercfted, and alfo for the Officer of the Cuftoms, to nominate
three of the neighbouring Juftices of Peace, who fliall adiuft the si^ntum of the
Gratuities, to be paid to the fevcral Pcrfbns, and fuch Adjuftments (hall be
binding to all Parties, and ftiall be recoverable in an Adlion at Law in any of
her Majefty's Courts of Record; and in Cafe no Perfon (hall appear to make his
Claim to the Goods faved, the chief Officer of the Cuftoms ofUic nearefl Port,
ihall apply to three of the neareft Juftices of Peace, who (hall put him, or fom»
other refponfiblc Perfon, in PolTeflion of the Goods, fuch Juftices taluns; an
Account of the Goods, to be figned by fuch Officer of the Cuftoms j and if the
Goods ftiall not be claimed within twelve Months, publick Sale ftiall be made
thereof (and if pcrifhablo Goods, forthwith to be fold) and, after Charges
dcdufted, the Rchdue of the Monies, with an Account of the Whole, ftiall be
tranfmitted to her Majefty's Exchequer, for the Benefit of the Owner, who,
upon Affidavit or other Proof of his Property, to the Satisfadion of one of the
Barons, (hall, upon his Order, receive the fame.
u.iio f 3. If any Perfons, bcfides thofc impowercd by the Officer of the Cuftoms, and
the Conftables, ftiall enter, or endeavour to enter on board any fuch Ship in
Diftrefs, without the Leave of the Commander, or of the Officer of the Cuftoms,
or Conftable; or in Cafe any Perfon ftiidl nioleft them, in the faving of the Ship
or Goods, or (hall deface the Marks of anv Goods, before the fame be taken
down in a Book by the Commander, and the firft Officer of the Cuftoms; fuch
Perfon ftiall, within twenty Days, make double Satisfadioii, at tlie Difcretion
of the two next Juftices of Peace, or in Default thereof, ftiall by fuch Juftices
be fent to the next Houfe of Corredlion, where he fliall be employed in hard
Labour twelve Months; and it fliall be lawful for any Commander, or fuperior
Officer of the Ship in Diftrefs, or of the Officer of the Cuftoms, or Conftable
on board the Ship, to repel by Force any fuch Perfons as fliall, without Confent
as uforcfaid, pre(s on board the faid Ship in Diftrefs, and thereby molcft them in
the Prcfervation of the Ship.
In Cafe any Goods (hall be found on any Perfon, that were ftofcn or carried
off" from any fuch Ship 'n Diftrefs, he, on whom fuch Goods fliall be found,
(hall, upon Demand, deliver the fame to the Owner, or to fuch Perfon by fuch
Owner authorized to receive the fame, or (hall be liable to pay treble the Value,
to be recovered by fuch Owner in an Adtion.
If any Perfon fliall make, or be aflifting in the making, a Hulc in any Ship
fo in Diftrefs, or fteal any Pump, or (hall be aiding in the Stealing fuch Pump,
or fliall wilfully do any Thing tending to the immediate Lofs of fuch
Ship, fuch Perfon fliall be guilty of Felony without Benefit of the Clergv.
If any Artion be profecuted for any Thing done in Purfuaiice of this Ad,
all Perfons fo fued may plead the general IfTuc; and this Ad ftiall bo a publick
Ad. I
Ditto r. 4.
Dlito f
Diito f. 6.
Of SALVAGE,
'€.
'»35
If any Officer of the Cultotrts fhall, by FranH or wilftil Neglc*^, abufe the D."o .'. 7.
Trud hereby rcpofcd in him, and (hall be conviilkd thereof, fiich OfHccr fliall
furfeit treble LXimagos to the P«rty grieved, ©"c . and Hull be incapable of uny
Employmont relating to the Cu(lom<i.
This Aft fliall be read fa«r Titrtcs irt the Year, in all Churches and Chapels Ditto f. t,
of every Set IV»rt Town, and upon the Sea Couft, upon the SunJii)'s next before
MUhatlmas-Diy, Cirj^mas-Day, T^ily-Day, and Mulfuniiinr-Djy, in the ^Jorn-
ing after Prayers and before Sermon.
This Ad fliall not prejitdict her Majefty, or any Grantee of the thrown, or Ditto f. 9.
any Lord of a Manor, or other Perfon, iti t^lation to any Right, to Wreck, or
Goods that arc Flotjiim, Jetjhtt, or Lagan.
Made prrpetua/, 4 Geo. 1. Cap. 12. 4 (,-,.. i. c»p.
The Aft, II i,*»w, St. e. Cap. 18. fliall not afFed the ancient Jurlfdiaion of "• '■ '■
the Adihiralty Cbuit of the Cttt^e Ports, but the Officers of the faid Court
fliall put the laid A& in Execution, within the Jurifdidtion of the Cinque Ports,
jbi tbt 7\ar 1^5;^. the foUowiUg Aii faffed, whkb having reduced the greattft
Part of the former Ldws iitte ibis ylft, for the Cuidatice of Majiers ^ Sbiptt
and other Perjans cimceriied M Shiffing, tt h here inferted.
The Preamble besgins that» Whereas, notwithftanding, the good and falutary, :6 On. V.
Laws nov/ in being, againft plundering and dcftroying Vefllls in Diftre'lis, and
againft taking owny IhipWreckfed^ loft, or ftVandcd Goods, many wicked Enormi-
ties hav«t bteii commmod, to the Difgrace of the Nation, and to the grievous
Damage of Merchants and Mariners, of our own aild other Countries: Bt it
ekaileX That* if any Perfon bt Perfons, fliall plunder, Ileal, take away, or
delltvy any Goods or Merchai^dift, or other tifeas, from, or t>clonging to, any
Ship or Vcflcl which (hall be in Diftrefs, or fliall be wrecked, loft, ftranded, or
Caft on Shore* in any Part of his Maiefty's Dominions, (whether any living
Creature be on board or not) or any of the Furnitiuc, Tackle, Apparel, Pio-
yiSkOn, ©r afw Part of fiich Ship or Veflcl ; or fliall beat, or wound, with Intent
to kill or deftroy» vk fliaU otherwife wilfully obftrudl the Efcaiie of any Perfon
Widearouring to fave his or hel- Life, from fiicli Ship or VelTel, or the Wreck
thertof ) or, if any Perfon or Perfons fliall put out any falfc Light or Lights,
with Intention to bring any Ship or Veflel into Danger, then fuch Perfon or
Paribus fo oflnendihg, mall be deemed guilty of Felony, and being lawfully
convi^cd thdreof, fliall Alfl^f Death, as Ih Caibs of F'clbny, without Benefit
of Clorgyt ' ,
Provided, that when Goods of fmall Valufc ftiall bt caft on Shore, and ftolen
withbut CircdmAances of Cril^ty oi- Violence, the OBTendcr on Convi£li6n«
W pnniflied aa in Cafes of Pitit Laftcny. •^? \
U flidll be la^ul for any jufticfc of Pfeace, i^h tnfoVttt4tl6n being made to
Ibm oh Oath, of any Part of <h«CSi^, or Effefts of any Ship, loft or ftranded,
Vcbig Unlawfully i^arried away, dnd cohceokd, to iflue his Warrant for Sisarch-
ip| any Houfb, &Ci as in other Cid^^ of ftcleh Goods : Aiid, if the fame fliall be
finiad in flich HOufe« ttc< at in I'Oifeflion of ^ny l*er(bn rtot leeally authorifed to
Inepthe fame, and the Owtitfr of fuch Houfc, b^ the Perfon m whofe Cuftody
the fame fliall be found, fliall not give an Accouilt to tht Satisfadllbn of the
Juftice of the P<ic«» how h« eah1« by the Goods, it lliall be lawful upon I^roof
e^ Aich Refufal, and he is re^U'led^ td commit the Offender to the Common
Gdal for fix Months, or until he (hall htiri paid the Owher treble the V lue of
the Thihgs nnkwfully detaitiddt
If any Pcrfoa fliall aifert^CAii ftfiy EfiHb beiottglng to any Veflel loft as
2fdrefaid« and iihlawfuliy ttkiii ttWiy, Or ftrftxi^^d To to Kilve been, it fliall be
lawful to feize, and carry the (athe, or glVri Notice thcteof With all convenient
Iptefl* to fonie Juftid6 at' tht P«ic< j arid, if the PeffOn offering them to falc, or
ftme other Perfoii in their Bbhalfj fliill notippekr before the Juftice within ten
Dayi afiwr fuch Seixute, and Mfeftfc diil t'o'the SaUsfaftioh of the Juftice, his
Property in the Goods, or in fottti Pfcrfon wft6 employed him, then the Goods
fliall be delivered for the Ufe of the right Ownef, upori I^ayment of a rcafonable
Rewalii for fuoh Seizure, tb be rffecrtaincd by thfe Juftice, to the Perfon who
feized the farii«janilfUcbJtlftk«j (hitl commit ih^ Ottbndef (0 (heCommbn Gaol
M m for
t'fi'. *
■{^v i
<- .
»34
l^1 Y
5 •!
^^M-
0/ S A L V A G E, eiff.
for fix Months, or until he (hall have paid the Owner treble the Value of the
C/ouds.
In cafe any Pcrfon not employed by the Mafler, 6cc. in the Salvage of any
VcfTcl, or the Cargo, tec. Ihall, in the Abfenceof Ferfons fo employed, fave any
fuih Ship, C!oods, ficc. and caufe the fame to be carried for the Benefit of the
Owners or I'roprietors, into Port, or Place of fafe Cu(lo<iv, immediately giving
Notice to fome Jullice of the Peace, Magiftrate, Cuftom-I loufe or Kxcile
Officer, or (liall difcovcr to any Magistrate or Officer, where any fuch CJoods
arc wrongfully bought, fold, or concealed, fuch Perfon (hall be intitlcd to a
reafonable Reward, to be paid by the MoAer or Owner of fuch VeHcl, in like
Manner as Salvage is to be paid, by 1 2 ^nne, intitled, an Aft for the preferr-
ing all fuch Ships and Goods thereof, which have happened to be forced on
Shore, or Arandcd upon the Cooft of this Kingdom, or any other of his Mi-
jcdy's Dominions, or clfe in the Manner herein after prefcribed, as the Cife
Ihall reouire.
For the better a(certaining the Salvage, and putting the Adts in Execution,
the JuAice of the Peace, Mavor, BailiA^', Colledtor of the Cuftoms, or chief
Conitabte, who ffiall be neareft where any Ship is Aranded or caA away, (hall,
forthwith, give Notice for a Meeting of the Sheritfs or his Deputy, the JuAico
of the Peace, Mayor, or other chief MagiAratc of Towns Corporate, Coroners,
and CommilTioners of Land-Tax, or any Five or more oi tliem, who are
required and imix)wcrcd to employpropcr Pcrfons.for faving Ships in DiArefs, and
Ships and Goods as Aiall be (tranaed or caA away ; and alio to examine Perfons
concerning the fame, or the Salvage thereof, to adjuA the ^antum of fuch
Salvage, and diAribute the fame, in Cafe of Difagrecment among the Parties :
And, that, every Pcrfon attending and adling at fuch Meeting, (hall be
allowed four Shillings a Day, out of the EA'edls favcd by their Care and
Dircdlion.
But if the Charges and Rewards for Salvage, direded by the AA 1 2 Anntt
and by this prcfent k(X, be not paid or Security given within forty Days, the
Officer of the CuAoms concerned in I'uch Salvage, may borrow Money on the
Goods, &:c. by Bill of Sale, onXuch Part of the Goods, Ccc. as (hall be fufficient,
redeemable upon Payment of the Principal Sum and IntereA, at four^^r Cent.
And if Oatn (hall be made before any MagiAratc, lawfully impowered to take
the fame, of any Theft, and the Examination taken (hall be delivered to the Clerk
of the Peace, for the County, &c. or his Deputy ; or if Oath (hall be made of the
111 Caking any Ship, contrary to the Aft, 12 Anne, and the Examination
delivered to the Clerk of the Peace or his Deputy, he (hall caufe the Offender to
be profccutcd, cither in the County where the Faft was committed, or thaf
County adjoining, where any Indiftment may be laid by any other Profecutorj
and if the Fa<5l be committed in H^a/es, then the Profecution may be carried on
in the next adjoining Englijb County : The Charge of fuch Pro(ccution by the
Clerks of tlic Peace, to be fettled by the JuAices at Seffion, and paid by the
Trcafurcr of the County, 8cc. the Clerk of the Peace, on Refufal or Neglo^ to
carry on fuch Profecution, to forfeit one hundred Pounds for every OAencc, to
any Perfon who (hall fue for the fame.
The Lord Wardens of the Cinque Ports, the Lieutenant of Dovcr-Cajlle, the
Deputy Warden of the Cinque Ports, and the Judge Officiate, and CommiiTary
of the Court of Admiralty, of the Cinque Ports, two ancient Towns, and the
Members thereof, for the Time being, and every Perfon appointed by the Lord
Warden of the Cinque Ports, (hall put tJ^e Aft&in Execution within the jurif-
diftion of the Cinque Ports, two.^cient Towns, and their.Memberbiii the
fume Manner, as. the JuAiccs, &c. in other Places.
If any Pcr(bn, appointed to put this Aft in Execution Aiali be wounded in
fuch Service, fuch Perfpn or Perfons, fo wounding him ihall, upon Trial and
Conviftion, at the AfTizes or General Goal Delivery, or at tbe General or Quar-
ter SefTions for the County, &c. be tranfported for ("even Years, to fome of
his MajeAy's Colonies in J^/wr/fa. , . ■
Any JuAice of the Peace in the Abfence of the ShcriiF, may take fufficient
Power to reprefs all Violence, and enforce the Execution of this Aft.
To
To
font A
for wa
this A
theO(
his I)(
r^
'i■^^
0/ S A L V A G E, &c.
'35
To prevent Confufion tmong Perfons alTembled to fave any Ship, tec. all Pcr-
fon» AmII conform to the Orders of the Mafter, or other Ortlccrs, or Owners i or
for want of their Prcfencc or Dircrtion, to any of the Pcrfons appointed to put
this Adt in Execution, in the following fubordination : Firft, to the Ciders of
the Officer of the Cuftomi, then of the Excife, the Sheriff of the County, or
his Deputy, a Juftice of Ptnce, the Mayor or chief Magiftratc of any Corpora-
tion, the Coroner, the Commiflloner of the Land-Tax i then of any Chief
Conilable, Petty Conftablc, or other Peace Officers : And, whoever adls know-
ingly, or wilfully, contrary to fuch Orders, forfeits five Pounds, and in Cife of
Non-payment, to be fent to the Houfe of Correction, for any Time, not exceed-
ing three Months.
Nothing in this Aft extends to Scotland.
AvtRAOK and Contribution are fynonymous Terms in Marine Cafes,
and fignify a Proportioning of a Lofs ^>^ the Owners of Goods thrown overboard
in a Storm (in order to prefervc the Ilcmainder, with the Ship, and Lives of
the Men) with the Proprietors of thofe that arefaved, and of the Vefll-l.
And as Ships in their Voyages are cxpofed to Storms, and often favcd front
pcrifliing, by cafting Goods overboard to lighten them, it has, therefore, been
always allowed, ana is Judified both by Laws and Cuftom, and in cafe of immi-
nent Danger, any thine may be thrown awavto evade it, though as heavy Goods
fecm mo(f likely to aniwer the Purpofe, ana are generally leaft in Value, they
(hould be firft dcftined to Deftruftion.
However, to make this Adtion legal, the three following effentlal Cafes ought
to concur.
ift. The Ship muft be in evident Hazard of pcrifliing, with her Cargo and
Crew.
2d. The Refolution the Captain takes on this melancholy Occafion, fliould
be in Confequence of a Confultation, held with his Officers and Sailors, to
endeavour to fave themfclves. Ship, and Cargo, cither by throwing fome Goods
overboard, or by cutting fome of the Mafts, Gfc. away, J by occafioning
thefe extraordinary Expences ftrive to fecure the Remainder tor the Proprietors
Benefit.
3d. That tht Ship and Cargo, or the Part of them that arc I'aved, has been
faved by the Means ufed, with that folc View.
Agreeable to thefe three Axioms, it muft be concluded, that all the Expcnce
and Loflcs, which are thus voluntarily made to prevent a total one of Ship and
Cargo, ought to be equally borne, by the Ship and her remaining Loading.
But all ttiat which is broken or loft by a Storm, as Anchors, Cables, Mads,
Sails, Cordage, Gff. is not to be comprehehdcd in common Averages, bccaufc
the Tempeftonly was the OccafiOn of this Lofs, and not made by the Delibera-
tion of the Mafter and his Crew, with the View to fave the Ship and Loading j
though on the contrary, if after Advice taken by the Company, or major Part
of them, the Captair -uts away, or abandons any thing of the Ship or Cargo,
with a View to prevent a greater Misfortune, all that which is fo cut away, (Sc.
muft be brought into an Averag*.
If the Ship happily out-weathers the Storm, and arrives in Safety at her
dcftined Port, the Captain muft make his regular Protcfts, and befides, jointly
with the major Part of his Crew, muft fwear, that the Goods were caft over-
board for no other Caufe, but purely for the Safety of Ship and Lading ; and the
Method of elucidating and clearing up this Point, varies according t* the feveral
Countries, and Places they arrive at.
The Ship arriving in Safety, thofe Goods ftie brings with her, muft come into
an Average, and not only thofe that pay Freight, but all that have.been faved
and prei":rvcd by fuch EjeSlion, even Money, Jewels, Clothes, Gff. , arc not
exempted.
But a Man's Apparel in Ulc, Victuals, Off. put aboard to be fpent, are totally
excluded from the Contribu. v;n.
In the Rating of Goods by "ay of Contribution, this Order ufed to be always y**- £»«»/■«/,
obfcrved, viz. if they are caift ovrboard before half the Voyage be performed, ,',^'. ^g'
then they arc to beefteemed at thr Price they coftj and if after, then at the W'tv»/'iiw. '
Price
n
ft
13?
iiV
ET
Ltf, Navii 4.
aJ Lig. KM.
aiij frtim'i
Comment, /ti,
2 XtZ/j's Rep.
498. Caft V,
Yttitr.
1 2 Oittj.
t B»IJtr. tSo.
Ditto.
Ditio.
BirJv. i4Jloil,
Ad. Lig. Rbt.
I. z.
F. de Ug.
JIM. Leg.
A'aa//i onufi.
Leg. XtiTjij,
ad Leg. Rhad.
Jl Jailu.
Mtcr. 197.
Leg. Rhid. eie
Jaau.Li.Si.
Savii a Pi ra-
nt.
Micr./. 297.
pit. 443.
Hhh v. Pa-
It'gDn.
Crtt. dt In-
trld. Jur.
Hill, f J 9.
P.huiad L'g.
Rhad. de 'J*(-
>"■/■ '96,
\)1, 198.
G'rj/, de Jntro,
Jur. lUi.
jjg. I'lnim
and Peiimi.
Cam on ilie
I.aws <if RJ/td,
tol. 236.
Of SAL V AGE, ^f,
{'rice as the reft, or the like Soitt, fhall be ibkl at the Pl&ce of Diicharffe ; and
this Regulation continues ftill in France and HolltmJ, tho' here and e'lewherr,
the Lou and the Saved are foinetiines clliniated as the latter iell for.
The Owner of the Goods that have been thus cjcfted, or his FaAor, (hould
take Care to have die Lofs valued before the Ship's Difcharge, in which the
Mailer ousht tP afTift, and fettle all Averages befoiy he unloads.
And it IS not only the Goods that are thrown over that muA come into the
Average, but thofe alfo which fhall have received any Damage, by the A(£Uoo
of the others Ejeftment, by Wet, &c.
If Goods (hipped in England nc in a Tempeft thrown overboard, in order to
preferve the Venel and Crew, and thefe Goods are taken up and prefervcd by
another Englip Ship, the Owners bring Trover, it lies, becaufe delivered upon
the Land.
It is lawful for Perfons to caft Goods overboard, out of a Ferry-Boat, in Cviie
of a Tempeft, to preferve their Lives ; but if the Ferryman furcharge the Boat
"with Goods, the Owners of them (hall have their Remedy againil him, but no
otherwife.
So if an EjcAion of Goods from any Ship, is '^ccifionedby the Indifcretion of
the Mafter's lading her above the Birth^Mark, it is cui^omary in fuch Cales, by
the Marine Laws, to have no Contribution made, but Satisfadion is due from
the Ship, Mafters, or Owners. Luji. Semus. S. 2j& Si. 23. ad Leg. Aquil.
And as this Law doth take Care, that fuch common Calamities (liall be borne
by all the intereiled Parties, by a general Conti iSution, fo the Common- La"j)
takes NotiLC of the Misfortune, and makes Proviiion for the Mafter's ludcmiii-
iication j and therefore if the Owner of fuch cjefted Goods, Ihall bnng an
Action againft the Mufter or the Owner of the Veli'el, the Defendant may picad
the Special Matter, and the fame fhall bar the Plaintiif.
As the Common Law looks upon the Goods or Cargo as a Pawn or Pledge fuf
the Freight, fo the Marine Law looks upon them likewife as a Security lor an-
fwering any Average or Contribution, and that the Mafter ought not to deliver
them (as above) till the Contribution is fettled, they being tacitly obliged for the
one as well as the other.
If a Lighter, Skiff, or the Ship's Boat, into which Part of the Cargo is unladen,
to lighten the Ship, perifti, and the Ship be preferved, in that C(^« Contribution
is to be made J but if the Ship be caft away, and the Lighter, Boat, or Skiff, be
preferved, there no Contribution or Average is to be had, it being a Rule, n»
Contribution but -where the Ships arrive in S^'ety.
If a Ship be taken by Enemies or Pirates, and the Mafter, to redeem her and
Cargo, promifes a certain Sum of Money, for Performance wherof he becomes a
Pledge or Captive in the Hands of the Captor j in this Cafe, he is to be redeemed
at the Expence of the Ship, Lading, and Money (if any on board) all being
obliged to contribute for his Ranfom, according to each Man's Intereft.
So where a Pirate takes Part of the Goods to fpare the reft, Contribution muft
be paid.
But if a Pirate takes by Violence Part of the Goods, the reft are not fubjefl:
to Average, unlefs the Merchant hath made an exprefs Agreement to pay it after
the Ship is robbed.
Though if part of tlie Goods are taken by an Enemy, or by Letters of Mart
and Reprizal, e contra.
In fettling an Average, an Eftiraate muft be made of all the Goods loft and
faved, as well as of what the Mafter fliall have Sacrificed of tlie Ship's Appurte-
nances to her Prefervation, and that of her Cargo; and if any thing flung into
the Sea, is again recovered. Contribution is only to be made for the Damage it
Ihall have received.
The Pilot's Fee that brought the Ship into a Port or Haven, for her Safeguard
(it being not the Place (he was deiigncd for) muft be contributed to, as the
Raifing her from tlic Ground muft be, when there is no Fault in the Mafter.
If a Mafter of a Ship lets her out to Freight, and in Conlcqucnce thereof
receives his Loading, and afterwards takes in (bmc Goods, without Leave of
his Freighters, and on a Storm ariling at Sea, Part of hib Frcigluer's Goixls are
thrown
a
Of SALVAGE, ^c. 137
thrown overboard, the Remainder are not fubjedt to an Average, but the Mafter
niuft malre good the Lofs out of his own Puiie.
If a Ship is taken by Force and carr wd into fornc Port, and the Crew remains 7. p. Ruari,
on board to take Care of, and reclaim her, not only the Charges of fuch Re- '-' ^'i"" "*
claiming fhall be brought into an Average, but the Wages and Expences of the e/^lg. '"""
Ship's Company during her Arrcft, and from the Time of her Capture and being
difturbed in her Voyage.
But the Sailors Wages, Off. of a Ship detained in Port by Order of State, Ditto.
{hall not be brought into an Average, and the Reafon afligned for it is, that in
the preceding Cai'e, the Crew remained aboard to take Care of the Veffel, whilft ^n** jjf Z™"
they were endeavouring to reclaim her, and thefe Charges were occafioned with ;',X<r on iL
the file View of preferving the Ship and Cargo for their Proprietors j bnt viarin^ Laws
in this latter Cafe, there was no Room for fuch a Pretence, as the emb irgcing CiuntrU,''"
Sovereign would not have either Ship or Cargo, but only hinder their De oarture
for fome political Reafons, wherefore it could not be faid that the Ship's Com-
pany remained on board to prevent an entire Lofs ; the only Motives to te offered
for an Average.
Neverthelefs, it feems that both Reafon and Juftice require that the Expence
and Wages of a Ship's Company, detained in Port by a Prince's Order, mould
be brought into a general Average ; for if, on one Side, the Merchants who have
loaded her, are coniiderable Suficrers by the Delay, in the Arrival of their Goods
at the deftined Ports, the Owners of the Ship are not lefs fo, more efpecially if
the Crew is large, and the Detention long j and thofe who drew up the Ordi-
nance of Lewis XIV. very well perceived in Part, that to oblige the Owners of
a VeiTel fo detained, to fupport the whole Expence, would be a great Uardlhip
and In''iftice, as tlie Vllth Article of the laid Ordinance (under the Title of
Averagi.) exprcfles in direft Terms, viz. The Food and Wages of Sailors, belong-
ing to a Ship embargoed by an Order of State, Jhall be alfo reputed as Part of general
Averages, if Jhe is hired by the Month ; but if fie is freighted by the Foyage, they
fiall be borne by her alone.
From whence, I think it ought to be concluded, that although a Ship freighted
by the Month or Voyage, is only mentioned in the foregoing, yet when the
Proprietors of a Veflel hire her Crew by the Month, they have a Right to bring
the Expence and Wages of their Sailors into an Average, for the whole Time
that the Ship fhall be detained j though, on the contrary, they cannot juftly
pretend to bring the Expence of the Mariners into an Average, when they are
hired for the Voyage, as the Expence only is always the fame, whether they be
hired by the Month or Voyage, and being occafioned by the Will of the Sove-
reign who laid the Embargo, I do not fee that there ought to be any Diftindtion,
unlefs there were fome Goods aboard, which were the Caufe of her ArreR, for
in this Cafe it would be reafonable, that the faid Merchandifes fhould pay the
whole Expence.
Though it ought to be noted, the Charges of unloading a Ship, to get her into
a River or Port, ought not to be brought into a general Average, but when
occafioned by an indifpenfable Ncceflity to prevent the Lofs of Ship and Cargo ;
as when a Ship is forced by a Storm to enter a Port to repair the Damage (he
has fuffered, if flie cannot continue her Voyage without an apparent Rilque of
being loft ; in which Cafe, the Wages and Viduals of the Crew are brought into
an Average from the Day it was refolved to feek a Port to refit the Veffel,. to
the Day of her Departure from it, with all the Charges of Unloading and Re-
loading, Anchorage, Pilotage, and every other Due and Expence, occafioned
by this Neceffity.
The Mafter of a Ship, who is obliged from the aforefaid Motives, to cut
away, or throw overboard, any of his Mafts, Rigging, £"<:. has a privileged
Hypothecation, and the Right of Detention of the Goods he ftiall carry to their
deftined Port, till they contribute to a general Average j and it is to be obferved, j co. 107. h.
that Goods caft overboard to lighten the Ship, make no DereliSi.
And having now gone through what I thought neceffary to offer on the Sub-
jedl of general Averages, I Ihall juft mention a Word or two, of what we term
Pttty Average, being a fmall Duty joined to Primage, which Cuftom has made
N n a Matter's
f H't
■'•|
M
t- •
'S i
^.t: .
138
Of PORTS,
c.
a Maftcr's Perquifitc, extra of the Freight, and is commonly her; 5 ptr Cmt. ui
it has been fettled in France and Holland, 6cc. iho' 10 per Cent, is commonly
paid in this latter, notwithftanding two publick Edids which limit it, as afore-
laid, to half the Sum : The Origin of it was, an Allowance made to Mafters of
Veflels for fundry petty Expences, to which the Loading was obliged to contri-
bute, but has been for fome Years part, tranfmuted to the Terms aforefaid j and
I (hall not now enlarge on this Subjed o( Averages, but refer my Reader to what
I fliall have Occafion to fay more about them, under the Title oi InJ'urance ; In-
terim I fhall content myfclf with the Quotations offered, in Hopes I have
neither exceeded or fell (liort of my Ledor's Expedations, in my treating this
extenlive Theme, which of itfelf would furnifh fuificient Matter for an entire
Volume.
Nnoetftl
Berwick
;1'-^
Of Ports, Havens, Lighthoufes, and Sea Marks,
A Port, Harbour, or Haven, is a Place where Ships may fliclter from bad
Weather, and where Cuftomhoufcs arc appointed to fapcrvifc their Load-
ing and Unload'. .g ; thefe in England have many Members and Creeks belonging
to them, which are diftinguilhed as follows, viz.
Members, are thofe Places, where anciently a Cuftomhoufe hath been kept,
and where Officers or their Deputies attend, as they are lawful Places of Expor-
tation or Importation.
Creeks, are Places where commonly Officers arc, or have been placed, by
way of I'revention, not out of Duty or right of Attendance, and are not lawful
Places of Exportation or Importation, witliout a particular Licence or Sufferance,
from the Port or Member under which it is placed.
The fevered licenfed Ports for Loading and Landing of Goods -with their Dependfincts,
as they now Account at the Cuftomhoufe are, viz.
Ports.
London
Ipficich
Yarmouth
Lynn Regis
Bofon
Hull
Members.
'Ma/den
] Cokhejh
er
{^Harwich
\ IVoodbridge
IAldborough
, Soutbwold
\Wifbech
1 Grim/by
BridlingtOM
Scaxborougb
Creeks.
\^Blackney and Cley
t Wells cum Burnham
' Gravefnd
{Leigh
Burnham
Weft Met fey
IEa/i Merfey
Brickley '
Wiverihoe
Maintree
r Orford
\ Dunieicb
fValder-wifcb
■ Lepffe
Hitcham
; Crofs Keys
Spalding
Fefdick
Wainjieet
^ Numby Chapel
Thetlethorp
I Saltfleet
Qaintborf
Carlifle
Chefier
Milford
Cardiffi
Chucefitr
Ports.
Ports.
NnoenftlttfcnTyiit
Berwick
Carlifle
Cbefter
Milford
Cardiffi
Cloucejitr
Of P O R
Members.
{Whitby
Stockton
Hartlepool
Sunderland
Shields
T S, ^Ci
139
I
M I
Whitehaven
Jjancafter
Poulton
Liverpeole
AbercoKway
Beumaris
Caernarvon
ConvH^
Holyhead
IPulhelfy
'Aberdcfoy
Cardigan
Pembroke
Swanzey
Creeks.
Middkborough
{Seaten Delaval
Blith Naoke
^Aylemoutb
Warnewater ' 1
\ Holy IJland \
Eajl Marches, containing the Coaft
of Northumberland, bordering
on Scotland
IWeJl Marches, containing the Coaft
of Cumberland, bordering on
Scotland
iWorkingtbn
Rceoinglafs
J Milnthorpe
Pyte of Powdery
Graunge
IFyreivater
PrejioH and Rible Water
iSankey Bridge ,
FradJJmm
South Shore of the River oi Merpy
to the Red Stones
^Hilbree
I Dawpool
\Nepn
I Burton-head
Baghill
y^MoJiin
Amlogh
Barmouth
Aberujiab
{Newport
FiJ'card
.HaverfordWeJl
Tenby
Carmarthen
I hanelthy
■ North Bunys
{South Burrys
Neath or Briton Ferry
Newton
SAberthaw
Penarth
Newport
Chepjlow
r River Severn from Bridgenorth to
I King Road
\Pi/l
i U^iiill
SridgwjffT
W
'^n
n:'-i^h
' I,
;^^^
Vi*,
, I. >■''' ■
I,
'i
ir'^
If ■ ■
140
Ports.
Bridgwater
Plymouth
Exfter
Poole
Southampton
Chicbt'jlcr
Of P OR T S, e?r.
Members.
Minebtad
'Padjlvw
St. Ives
Penzance
Gweeke
Falmouth
Fowey
Lowe
Penryn
Truro
rllfracomb
Barnjhiple
Biddeford
Coives
i Port/mouth
ylrundcl
Shorebam
Lewes
' PemJ'ey
Hajiings
Rye
Jlytb
'\
Creeks.
i^i ;-.;c^a »iftj»vi.
5?. Maures
iSaltap
Stoneboufe
Coujland
{Clovelly
l^Appledore
Tincomb
Start^rojs
Bear artd Seatm
Topjham
Pouldram
Sydmoutb
LympJ'on
Exmouth
Aylmoutb j
iSaltcomb
Brixbam
Torbay
^Toinefs
' Bridport
Cbarmoutb
Portland
Lulwortb
Swanidge
Warebam
1 Chriji-cburcb
\ Himngton
5 Tarmoutb
2 Newport
Emjhvorfh
5 Pagham Point
ISelfey
Brigbthclmjion
\New Haven
\ Seaford
' Wincbeljla
\Lyd
[ Rummy
j.-jn-iU
«,\V.. A
1
111-
■A
SandMcb
f
Of PORTS,
c.
i4«
rorts.
Members.
Creeks.
Dover
Sandwich
Deal
Feverjliam
Milton
■ Rochejier
iRamfgatf
Margate
WhitJiabU
Si^eenborough
Note, All the Ports and Havens in England are infra corpus comitatus, and that c.ojhii jfr»,
the Court of Admiralty cannot hold Jurifdiftion of any Thing done in them. *^''
Holland'^ Cafe, Earl ot Exeter, 30 H. VI. And becaufe he held Plea in the
Admiralty of a Thing done infra portum de Hull, Damages were recovered
againft him two thouflind Pounds.
And the Port of London being of great Importance, in regard of the Cuftoms,
the Limits of it have been fettled by the Exchequer, and declared to extend, and
to be accounted from the Promontory, or Point, called North-foreland, in the
Ifle of Thanet, and from thence Northward, in a fuppofed Line to the oppofite
Promontory, or Point, called the Nafe, beyond the Gun-feet, upon the Coaft of
Efex,and continued Weftward through theRiver of Thames, And the feveral Chan-
nels, Strcms, and Rivers falling into it, to London-Bridge, favc the ufual and
known Rights, Liberty, and Privilege to the Ports of Sandivich and Ipfwich,
and either of them, and the known Members thereof, and of the Cuftomers,
Comptrollers, Searchers, and other Deputies, within the Hiid Ports of Sand-wicA
and Ipfwich, and the feveral Creeks, Harbours, and Havens, to them, or cither
of them, refpeftively belonging within the Counties of Kent or EJfex.
This Account of Ports, &c. might have been omitted till I came to treat of
the Cuftoms; but, as I thought it more properly introduced here, I have inferted
it, and fhall fubjoin an Abftradt of the Laws in Force concerning them. For
though it is probable few or none of my Readers may be intercfted in the Trade
of them all, yet, that every one may meet the Information he may occafionally
want, I fliall briefly mention what has been publickly enadcd, for their Efta-
blifhment and Prefervation.
BURLINGTON.
From the firft of My, 1697, until the fird of May, 1704, the Duties herein- 8 mil. lit.
mentioned fliall be paid for the repairing the Port or Pier of Burlington, viz. one "^' *5- f- '•
Farthing for every Chaldron of Coals, loaden on board any Veflcl at the Port of
Newcajile, or at Sunderland, Blythe, Seaton, Sluce, or any other Member of the
Port of Ncwcaftk, which fliall be paid to Arthur, Lord Vifcount Irwin, &c.
All Monies raifed for the Duties aforefaid, &c. fliall be by the CommifTioners Ditto f. 4.
applied to the Repairing the faid Port or Pier of Burlington, &c.
Continued iy i Geo. I. cap. 49. 5 Geo. I. cap. 10. Jbr twenty-five Years, from
the zifth o/'June, 1730, and 26 Geo. W. for twenty-five Years, from the
24/h of June.
By this Att Veffels belonging to Great Yarmouth in Norfolk are exempted
from this Duty, the Mafters having a Certificate, upon Oatli before the Mayor
of Yarmouth, that the Owner of fuch Vefl*ei, or the greateft Part, are Inhabitants
of that Town,
DOVER.
From the firft of May, 1700, to the firft of May, 1709, there fliall be paid by '«
the Maftcr of every Eng/ifi Ship, of the Burden of twenty Tons, and not exceed-'"
ing three hundred Tons, for every Loading and DIfcharging within this Realm,
from, to, or by Dover, or coming into the Harbour there, not having a Cocket
tcftifying his Paynif nt before tliat Voyage, towards the Repair of Dover Harbour,
•;</. for every Ton, and of all Aliens Ships of the Burden aforefaid, the like
O o Sum
fnu III.
J. f. 1.
•Iti*::
14*
. '» ■'
h ■■-" ■ '
Ditto r. 2.
Ditio r. 8.
Ditto r. 9.
Ditto (, 10.
;'li
i2»'i7/. in.
c, 9. r. I ,
Ditto r. 2.
Ditto r. 8.
Ditto r. II,
0/ PORTS, &^e.
Sum (excepting Ships loadeii with Coals, Griiulftoncs, or PiirhccJ:, or Parthiml
Stones) and for every Chaldron of Sea Coals, or Ton of Grindftoncs one Penny
half-penny } the fame to be paid to the Cuftomcr, or Collcdor of the Cuftoins,
in fuch Port, whence fuch Ship ihall fet forth, or where luth Ship Ihall arrive,
before they load or unload; the Account of the Number of Tons to be inade
according to the Entry of the Goods of every Ship in the Cuftomhoufc, and no
Entry of the Goods to be allowed without Information made on ')ath by the
Mafter, containing the Burden thereof, and i^ayinent made of the Sums albre-
faidj of which Payment the Mafter (hall have Allowance of the Merchants
according to the Rates of the Goods, by Way of Average, ©"<•.
Provided that no Coafter or Filherman lliall pay the Duty oftcner than once in
one Year.
Ships belonging to Weymouth and Mckomh Rfgis, and Lyme Rcg;ts, fhall be
exempted from paying to the Harbour o( Dover, lb as they bring a Certificate
upon Oath before the Mayor, under tlie common Seal of the f.iiil Corporations,
that the Ships belong thereto, and the Inhabitants of the faid Corporations are
Owners of the major Part of fuch Ships.
All Ships Englijh Built, and manned according to the Atft of Navigat'on,
belonging to Great Tarmoutb, (hall be exempt from paying the fuid Duties, if
the > 'after produces a Certificate as above, &c.
Ships belonging to RamJ'gate, in the lUe of thanet, (liall be exempted from
paying to Dover Harbour, bringing a Certificate, as before, &c.
Continued by 2 Anne, Cap. 7. 4 Geo. I. Cap. 13. and () Geo. I. Cap. 30. ta
the ^rjl of May, 1744. Further continued for twenty-one rears by 1 1 Geo.
II. Cap. 7. This A£t further continued, for 21 Tears, by 31 Geo. II.
M I N E H E A D.
From the 24th of June, 1701, for one and twenty Years, there (hall be paid
(befides the ancient Acknowledgments accuftomed to be paid to Tregonwell Lut-'
terell, Efq; and his Anccftors) for Goods imported or exported, into, or out of,
the Port oi Minehead, the Duties following, vix. fuch Sum of Money not exceed-
ing one Halfpenny per Stone for Wool, and one Penny per Stone for Woollea
and Bay Yarn imported, as the Truftces hereafter appointed (hall appointi
each Stone to contain eighteen Pounds, the Duties ko be paid by the Perlon into
'vhofe PofTefTion, or by whofe Order, the Goods (hall be delivered; and the
Wool imported (hall be weighed at the Town-hall, according to Cuftom; and
for every Ton of all other Goods there (hall be paid bd. perTon, by every Mafter
of a Ship that ftiall take on board or land any (.oods in the Port of Minehead.
For every Ship which (hall come into the I {arbour (the (aid Port not being
their difcharging Port) there fliall be paid by the Mafter the Tonage and
Keelikge following, viz. for every Ship ufiiig the coafting Trade, of thirty Tons,
and not amounting to fifty Tons, 1/. and of fifty Tons ajid upwards, is. and
for every Ship of thirty Tons, and not amounting to fifty, trading to other Parts
oi Europe, or to his Majefty's Plantations in Amtrita, is. bd. and of fifty Tons
and upwards 5/. and for every Shipof thifty Tons, and not amounting to fifty
Tons, and trading to any Place in vf//«, Africa, or America (other than his Ma-
jefty's Plantations) 5 s. and of fifty Tons i o s, *nd the Maffer paying the faid
Keelage (liall have Allowance for the fame, of the Merchants, by Average.
All Money raifed by the Duties, and rocovercd for the Forfeitures, &c. (hall
be by the Truftees applied to the Building out a new Head, clearing the Beach,
and other V/orks for maintaining the Pier and Harbour, (^c.
After the faid Term, fo long as the Harbour fliall be kept up, there (hall be
paid to the Lord of the Manor of MinehtaJ, the Duties following for Goods
imported ; for Maintenance of the new Head and other Works, viz, for every
twenty Stones of Wool, id. for every twenty Stones of Woollen and Bay Yarn
2d. forcvcry Ton of Salt 2(/. for every Quarter of Corn 2 r/. for every Chaldron
qf Coals 2d.
Continued />y 10 Anne, Cap. 2^, for fxteen Tears, and by 11 Geo. II. Cap. 8.
frofn the z^tb of^une, 1738, f^jr forty Tears,
WHITBY.
K:
Of PORTS,
wc.
Hi
WHITBY.
From the firft of May, 1702, for nine Years, there fliall ht paid unto the 1 -»»». Stat.
Truftees herein named, viz. the Lord of the Manor, Ralph Boys, and otljcrs, *• *■ '9 ' '•
for re-building the Piers of the Port of IVbitby, by the Owners of every Ship
tliat fliall load Coals at the Port of NcwcaJlU; or at SumMand, Blithe, Scaton
Sluce, or any other Member of the f?id Port, one Farthing /itr Chaldron, and
for all the Coals landed within the Port of JVhitby, for every Chaldron, Town
Meafurc, 6</. and for every Ton Weighi of Salt, landed at the Port oiWhithyi
2s, and for every Quarter of Malt, Corn, and Grain, ^d. and for all foreign
Goods imported in Engli/h Bottoms, 2^- P<-'f Tonj and all foreign Bottoms
importing fuch Goods, bJ. per Ton; and for all Butter fliipped off from JVhitby,
I J. per Firkin; for all dried Fifti and Mud Fifli, fliipped off from Whitby, id^
per Score ; for all barrelled Fifli fo fliipped off, per Barrel, 3 d. Every Englijh
Ship, which (hall enter within the Piers, fliall pay i s. and for every Top of
fuch Ship, 4</. and all foreign Ships zs. and for every Top of fuch Ship
All Money received by Virtue of this Adl, fliall be employed for the Rebuild- Ditto f. ».
ing and Repairing the faid Piers, except the Charge of Colledling, &c.
If the Duties mall raife 6000/. over and above the Charge of Colledling and'*'"" ^' 7'
Intereft, the Duty of one Farthing />«• Chaldron upon Coals flull ceafe.
All Ships £/^/^ built, and manned according to the Aft of Navigatiort, Ditto r. it.
belonging to Great Tarmouth, fliall be free from the faid Duty of one Far.hing
per Chaldron J {o as the Mafter of fuch Ship, or fome Mariner on his Behalf,
produce a Certificate made upon Oath before the Bailiffs of Tarmouth, that fuch
Ship does belong to Tarmouth, and that the Inhabitants thereof arc Owners of
the major Part of fuch Ship.
Continued until the ift o(May, Jyaj, by 7 Anne, and by 7 Geo. I. the Duties
before granted (except the faid Duty of one Farthing per Chaldron) were made
perpetual) and by 8 Geo. II. it was cnaftcd, that from and after the ifl o( June,
1735, the faid Duty of one Farthing per Chaldron by i Anne, fliould be revived
for the Term of thirty-one Years, to commence from the ift of June, 173 r>
And to rebuild or repair the Eajl and fFiJi Piers of the faid Harbour, an addi-
tional Duty of a Farthing /fr Chaldron is granted by 23 Geo. II. p. 667, to be
paid from and after the ill of June, 1750, for 31 Years, by all Vcifels loading
or fliipping Coals at the Port of Neivcajile upon Tyne, or at Sunderland, Blythe,
Seaton, Slutce, Cullercoatts, or arty other Harbour, Colliery, or Place, reputed a
Member of the Port of NeweaJiU, &c.
The Adl 11 WilL III. Cap. $. J'or Repair 9^ Dover Harbour, fliall continue » A». c. 7»
until the ift of iWiiy, 171 8. •■• '•
Every Ship that Ihall go through the Gates of the Works tliere, fliall, before Ditto f. ».
ftie go into the Gates, take down her Sails, fo that ftie may not go failing in,
apon Pain that every Captain of fu;h Ship fliall forfeit, to the Warden and
Affiftants of the Harbour, 10/. for the Ufe of the Harbour, to be recovered by
AftionofDcbt, fife.
The A<a ri and i4 of tFill. III. Cap. 5. and 2 Anne, Cap. 7. for Repair g/'gov^r. c.
30 f. I.
in
Dover Harbour, fliall continue till the hrft of Merf, 1744.
p A R r O N.
During the Term of eleven Years, there fliall be paid unto the Truftees named ♦ An. c. 18.
the Ad for the enlarging and repairing the Pier and Harbour of Parton m^- '■
Cumberland, by every Coal Owner that flialTput Coals on board any Veffel there,
2</. for every 192 Gallons of Coals, within ten Days after fuch Coals arefliippedj
and by every Mafter of every Ship that fliall load Coals there, 2d. for every 192
Gallons; and, after the Expiration of the faid eleven Years, one Farthing tor
every 192 Gallons, to be paid by the Mafter of the Ship, before each Ship goes
out of tne Harbour.
All fuch Money fliall be employed for the enlarging, repairing, and clcanfing Ditto r. 4.
the Harbour, (S(.
The
IN
'%i
'¥0
144
1 1 Gn. I. c.
i6. r. I.
Ditto r, *.
Ditto f. 4.
0/ PORTS, ^c.
Ditto r J.
r ■
lit, !
■ ■ 1
If
li;
Ditto f. 6.
5 G«. 11. c.
ij. f. I.
Ditto f. 2.
8 Ann. c. 8.
1. 1.
Ditto r. 4-
Bitto f. 5.
I /Yil«. C. 17,
The Duties upon Coals granted by 4 y^w/t-, Ctf/'. iS.yir enlarging tlvPur ami
Harhur o/Parton /«/(6(? County o/'Cumberland, ftiall be continued from tlic full
oi May, 1725, for fifteen Years.
The perpetual Duty of one Farthing, granted by the faid Aft, (hall ccafe ;
artd, in lieu thereof, every Mailer of a Snip ftiall, for fifteen Years, pay one
Halfpenny for every 1 9.'. Gallons of Coals, which fliall be laden on board fuch
Ship within the faid Harbour.
There (hall be paid for all Goods hereinafter mentioned, which (hall be dif-
charged oui of any Ship in the Harbour, coming Coaftwife, from the firft of May,
1725, for fifteen Years, the Duties following, viz. for every Hogfliead of To-
bacco 3</. for every Hog(head of Sugar 6^. for every Ton of Wine or excife-
able Liquors is. for every Ton of Hemp or Flax i j. 6d. for every Hundred of
Deals %d. for every Laft of Pitch or Tar 8</. for every Ton of Iron is. for every
Ton of Raft or other Timber /^d. for every Barrel of Herrings i d. for every
Pack of Linen, containing two hundred Weight, i s. which Duties (liall be paid
by the Merchant into whofe Cuflody the Goods (hall be delivered.
Every Mafterof any Ship (hall pay for fuch Ship upon he- Arrival in the Har-
Dt ' -n any Port of her laft Dii'charge in Europe, other than the Kingdoms of
Great- Britain and Ireland, and the Ille of Man, ^d. per Ton; and for every Ship,
upon her Arrival from the Port of her laft Difcharge in AJia, yljrica, or Jlmerica,
8d. per Ton, M be admealurcd as defcribcd in 5 ff^ill. and Mar. Cap. 20 and 8.
ylnne. Cap. 12. Sedt. 4. Provided, that for every Ship which fliall come in for
Security, and not for their Difcharge, there (hall be paid one fourth of the
Tonnage, and no more.
After the Termination of the faid fifteen Years, one third Part of the Du-
ties (hall foi ever continue for the perpetual repairing of the Harbour.
The Duties granted by the Aft of 1 1 Geo. I. Cap. 16. (hall be continued for
the farther Term of twenty-one Years, for enlarging the Harbour of Part^n in
Cumberland.
If the Purpofes are fully anfwered, Off. before the Expiration of the faid Term,
the Duties (hall ceafej and the Duty of a Halfpenny for every 192 Gallons of
Coals exported from the faid Harbour, and one third Part of the Duty on Ton-
nage of Ships (which, by the Aft of 1 1 Geo. I. Cap. 16. are made perpetual)
(liall commence.
CATWATER.
Benjamin Joules, his Executors, fiff . (hall clear the Harbour of Cat-water near
Plymouth, and Sutton-Poole in Plymouth, and reduce the Shoals fo, that any
fourth Rate Ship may fafely go in and out, over any Part of them, at half Flood
or Ebb, and after the Removal of the Shoals, he (hall keep the Water to the
fame Depth, (Sc.
And after the 25th of March, 171 o, the faid Benjamin Joules fliall have the
fole Ballafting and Unballafting of Ships belonging to her Majefty, and all other
Ships in Plymouth Oound, Hammouze, Catwater, arn^ Sutton-Poole, or within the
Road between St. Nicholas IJland, and the Main Land; and every Mafter, &c.
belonging to any Ship that (hall come into the laid Harbours or Road, and
deliver or receive Ballaft, (hall deliver and receive the fame to, and from the
faid Benjamin Joules, under Pain of forfeiting c /. Gff . to hold and enjoy the faid
fole Liberty of Ballafting, (Sc. unto the faid Benjamin Joules, his Executors,
Gff. for feventy-one Years, (Sc.
The faid Benjamin Joules (hall be bound to furnlfli all Ships with Ballaft; and
fliall ballaft and unballaft the fame upon fuch Terms as are herein mentioned,
'viz. the Ships of her Majefty, at <)d. per Ton; all Ships of the Inhabitants of Ply-
mouth or SaltaJI}, at ()d. per Ton; all other Ships of her Majefty's Dominions,
at \od. per Ton, and all foreign Ships at 12 d. per Ton.
LIVERPOOL E.
The Mayor, &c. and Common-Council of Livcrpoole, fliall have Power to
make a wet Dock or Bafon, with Wharfs, Sluicet>, and. Canals, upon the Ground
ilt apart for that Purpofe.
There
M
Of PORTS, ^c. 145
There ftiall, from the 34th of "^une, 1710, for one and twenty Years, be I""" ^- »•
paid unto the faid Mayor, iSc. for every Vcffel f Ships in her Miijeily's Service
excepted) coming into or out of the faia Port, with any Mcrchandife (the Li-
mits whereof are as far as a Place in Hoyle Luke, called the Red-Jloms, and from
thence all over the River Merfey to ff^arrington and Frodjham Bridges) by the
Maftersoffuch Ships, the Duties hereinafter defcribed, w'z. for every Ship trad-
ing between the Port and 5/. David's Head or CarliJIe, for every Ton 2 d. for every
Ship trading between St. David's Head and the Land's-End, or beyond Carlijh
to tne Shetlands, or to the Ille of Man, for every Ton -^d. for eveiy Ship trading
to Ireland, for every Ton ^d. for every Ship trading to Norway, Denmark,
Holjiein, Holland, Hamburgh, Flanders, or any Part of France, without the
Streights of Gibraltar, or Jerfey, or Guernfey, for every Ton 8 d. for every Ship
trading to Newfoundland, Greenland, RuJJia, and within the Battick, Portugal
and Spain, without the Streights, Canaries, Madeiras, JViiftern IJles, Azores, for
every Ton \2d. Such Duties to be paid at the Time of fuch Ship's Difcharge
at the Cuftomhoufc, fo as no Ship fliall be liable to pay the Duty but once for
the fame Voyage, both out and home.
All Ships liable to the Payment of the Duties (hall be meafured, by taking Ditto f. 4.
the Length of the Keel as flie treads on the Ground, and the Breadth to be
taken within board by the MidHiip Beam, from Plank to Pliwik; and half that
Breadth for the Depth, then multiply the Length by the Breadth, and the Pro-
dudl by the Depth, and divide by 94.
After the faid Term of 21 Years, there (hall be paid to the Mayor, S^c. one Ditto r. 14.
fourth Part of the Duties beforementioncd, &c.
Nothing in this Adt (hall charge any Ship, which (liall be forced into the D'«to f- '6-
Harbour, and (hall unlade in order to repair and relade; nor to charge any Ship
which (hall fell in the Harbour any Part of her Lading, only in order to refit or
victual.
This Aft (hall not charge any Ship belonging to, or bound to, or from the Ditio f. 17.
Port of Chejler, in Cafe fuch Ship (hall neither load nor difcharge within the
Limits of the Port of Liverpoole.
The Aft of 8 Anne, Cap. 1 2, for making a Dock at Liverpoole, and an Aft ' • C'«. II. c
3 Geo. I. (not printed) whereby the Duties were farther continued for fourteen **" ' *'
Years, are farther continued for 3 1 Years.
Every Ship trading from Liverpoole to Gottenberg, or any other Place in Sweden, Ditto f. 10.
without the Baltick, (hall be charged with the Duty of 8</. per Ton.
After the faid Term of 31 Years, fo long as the Dock, and other Works (liall Ditto f. n.
be kept in Repair, there (hall be paid to the Mayor, &c. and their SucceiTors,
one fourth of the Duties before-mentioned.
DOVER and RYE.
No new Walls or Stops (hall be fet up that mm hinder the Flux and Reflux of 7 G«. I. c.
the Sea between the Mouth of the Harbour at Rye in Suff'ex, bounded by two 9- ^- '•
Points called the Camber, and Cajile Point, and New Shut, near Craven Sluice in
Sufex and Kent, &c.
The Duty of ^d. per Ton, granted by 1 1 Jf^ill. IIL Cap. 5. (liall be appro- 9G«. I c.
priated for the Benefit of the Harbours of Dover and Rye in Manner following, ^°y, o,\.„
viz. One third thereof (hall be paid to the Treafurer for Dover Harbour, and a»rbour.
the other two Thirds to the Treafurer for the Harbour of Rye.
The Powers given by the Aft 9 Geo. \. Cap. to. for re(toring the Port oiRye, 'o^.». I. c.
are transferred to the Warden of the Cinque Por'iS, the Mayor and Jurats of^*
Rye, &c.
Continued for 21 Tears by iiGeo. IL Cap. -j. Se£l. i. One Moiety of the
Duties continued for 21 Tears by 31 Geo. IL
WATCHETT.
The Duties by the private Aft, 6 Anne, for Repairing the Hariour and Key of-, g<o. I.
Watchett, in the County g/'Somerfet, granted for 21 Years, from the 25th ofc- '4- ^- ••
March, 1708, (liall, after the Expiration of the faid Term, be paid for the farther
Term of 2 1 Years.
P p . Nothing
. %
146
Dill* r. t.
( On. 1. e.
II. .. I.
Ditto r. 4.
Ditto r.
q Cm. I. e.
10. f. 1.
0/ P O R T S, ^r.
Nothing herein fliall dtftcitinue the Payment of the l")iiti<!s by the faiJ Adl,
6 ^nnr, maJc payable for the cor (tant Reparation of the Key or I larboui , after
the Expiration ot the 21 Years.
B R I D P O R T.
That the Havens and Piers of BrUport, in flie County of Dorfet, may be
rebuilt, and Sluiceo made, with convenient Wharfs^ the Bailiffs aiiil capital
Burgeflcs of BriJport ilinll be Truftccs for the faid rurpoics* and at biiit}crt
Mouth, being an open Piece of Land, lying between the Eaji and /f'f// Cliffs,
and frc ti the Sea northward as far as Irepool, on which Oroimd the ancient Har-
bour was, may lay out the new intem'ed Harboui an'l Piers, and the Sluices,
Wharfs, and Lanaing Places, and the Ways to the Harbour.
There (hall be paid to the Colledlor, to be appointed as hcr.-in after men-
tioned, for even Weigh of S^'t, for every Laft of Wlieat, Ryt, Barley, Malt,
or other Grain, for every ChaiL'.on, V/incheJler Meafure, ot Coals and Culm,
and for every Ton of other Goods diftharged out of any Ship in the laid Haven,
or which fliall be exported from tl>cncc, i /. to be paid before the fame be
landed; and there fhall alfo be paid for cvci-y Ship of thi; Burden of ten Tons or
upwards, which fhall come into the faid Haven, zd. for every Ton fuch Ship»
Qc, (hall contain j which Duties ihall be paid by the Maimer, fiff.
When the Harbour and Piers fhall be rebuilt, and the Monies expended thereon
reimburfed, the Duties (liall ccafej and from thenceforth there (hull be paid to
the Collectors for every Wci^h of Salt, for rvery Laft of Wheat, Rye, L' -rley.
Malt, and otiicr Giain, for every Chaldron of Co«ls and Culm, H'lnchelhr Mea-
fure, and for every Ton of other Gr-ods, difcharped in the faid Haven, oi*
exported, bd. and for every Ship, kic. which (hall come into the Haven, \d*
per Ton, and no more.
YARMOUTH.
After the t5th of Marcht 1727, for 21 Years, and to the End of the next
Seffion of Parliament, there (liall be paid by every Mafterof a Ship, which fliall
unlade within the Haven of Great YAtmiuth, or in Tarii:-iuth Road, extending
from the fouth Part oiScr.:tly in Norfolk, to the north Part r^^ Cor tin in tiuff'olkt
at the Time of unlading, for the Goods following, iiiz. for every Chaldron of
Coals, fTinclefier Mcifare, Laft of Whea^, Rye, Barley, Malt, or other Grain,
foi every Weigh of Salt, and Ton of other Goods, (Fifli executed) fuch Sums
not exceeding I2</. as the Mayor, Aldermen, BurgelTcs, and Commonalty of
Great Tarmoutb in Coinmon-Cotincil afi'embkd, (hall appoint; to be applied as
follows, viz. Part of the faid Duties, not exceeding bd. towards clearing and
improving the Haven, Piers, and Jcttecs; and 31/. other Part of the faid
Monies, fhall yearly, on ihe z^ih oi June, be divided in Manner following, viz.
One Penny Halfpenny to the C^hamber'ain of Korivich, to be applied towards
clearing the Channel of the River Tare, between the new Mills in Norwich and
Hardly CroJ's, &c. and one Halfpenny, other Part of the faid ■^d. to fuch Perlbns
as (hall be yearly named by the Jufb'ces, at their Quarter Se(rions at Norwicht
for the County 01 Norfolk, to be applied towards clearing the River Bure, called
the North River, and ♦or fuch other Purpofes as the Juuices (hall appoint; and
one Halfpenny, other Part of the faid j*/. to fuch Perfons as (hall be yearly
named by the Juftices at their Quartcr-Seffions at Bcccles, for the County of
Suffolk, to be applied towards clearing of the River IVavcy, and for fuch other
Purpofes as the faid JulHces (liall order j and one Halfpenny, Refidue of the
faid 3(/. to fuch Perfons as the Mayor, &c. of Tarnwitth (hall appoint, to be
applied towards repairing the Bridge And the publick Keys belonging to the Cor-
pccntion, &c. And the further Sun) cf 3r.'. or fo much thereof as (hall be by
the ♦welve Commiffioners, tc be appointed as herein after is diredted, or any
feven of them, thought ncceifary, fliall be railed by the Mayor, &c. oi tarmoutb,
and (liall firft be applied towards clearing the Channel of that P.art of t!ie River
Tare, leading from Tarmoutb to Norvnch, called Braydon, as any feven of tile
Commiffioners (hall direct at their Mtctiuj? at Tarmoutb, &c.
The
II: .
M.
Of PORTS, ^c. 147
The liift mentioned yl. /hall not be raifcd but wlicn Notice in Writing, filmed Ditto f. i.
by Icven of the Coininiflloncrs, fhall be given to the Mayor ot' Tarmoutb, that
it is nccelTiiry torailc the fa id Sum, or fomc Part thereof, luid for what Purpolcsi
and then fuuh Sum rtiall be raifedi provid^.-d that the Juftices for Norfolk, at
their Quarter Seflioiis, yearly, out of the Monies t>;»y;iiile for the Riviir Dure,
may allot Part thereof lor the clearing that Branch of iho R'ver, which leadi
from St. Dennct's- Abbey to Dilbam in Norfolk.
On the Exportation of Goods, which liave paid the Sums hereby charged on D'"" '• '«•
the Importation, the Colledor (Proof in Writing on Oath biding firil made of
the Payment of tlic Duties, which Oath he may adminifter) ihall repay tlic
Exporter the Money paid on the Importation.
The Mayor of larmoutb may yearly appoint Watchers or Clappcrmcn, to Diuo r. ij.
•.vatch on the Keys nightly, from the ift of Novemkr to the ifl ui March.
Thcr( fliail be paid by the Matter of any Ship which Uiall lie in thi- Haven, Biiio f. 14.
fron. ihc oouth End of tlic liulliijl Key, upwards the Spac(; of one Month, between
the I ft of L^ovcml'iT Mv\ the ill o[' March, any Sum not t .\cetdiiiK one IlalfiTcnny
per Ton of tlic Burthen, as the M;'yor (hall for the Charges of fucli Watching
yearly appoint.
Every Mafter, &c. of a Ship, which fliall winter in the Ilavcn, wlio Hiall Dtto f. 15.
fuftcr any I'irc or lighted Candle to be in any Siiip lying from tlie South End of
the Balltijl Key upwards (Ships which fliall have OiHi.crs boarded on tlicra, by
the Diredion of the fuperior Ollicers of the Cuftoms or Excifc, belonging to the
faid Town only excepted) fliall forfeit, for every fuch Fire or lighted Candle,
to J. &c.
The Haven and Piers of Great Tarmoutb being In a bad Condition, and falling -o r,t. II.
into an irreparable Decay, if not timely prevented, it is therefore enac'ted, that*"'^''
from and after the 24th of "yuiie, 1747, the fevcral Duties, which by 9 Geo. I.
Were granted for clearing and improving, £cc. the Haven and Piers belongini^ to
the faid Town of Great rarmoutb, and for dcpthcning the Channel oi BrayJon,
and for making the Rivers Tare, Wavemy, and lure, more navigable, and for
repairing the Bridge and publick Keys of'^the laid Town, and alfo for prel'erving
Ships wintering in the Haven there, fliall be revived and paid for the Term of p «73.
two Years, and from thence to tlie End of the then next Seflion of Parliament,
in fuch Manner, by fuch Perfons, and with fuch Exceptions, Allowances, and
Drawbacks, as are mentioned in the before recited Act, Sec.
The Provifion made In the preceding Adt, not having been found fufticicnt to 23 G„. II,
anfwer the Purpofes intended thereby, for repairing the Piers, clearing and
depthening the Haven oi Gnat Tarmoutb, &c. it is enaft^d, that from the 25th „ ,8-
of March, 1750, the Duties payable by Virtue of the foregoing Adt of 20 Geo. II. '
Ihall ceafe; and, in lieu thereof, there fliall be paid for twenty-one Years, and
from thence to the End of the then next Setnon of Parii unent, by every Mafter
of any Ship or Veflel, which fliall import or unlade within the Haven of Great
Yarmouth, or in Tarmoutb Road, near adjoining to the faid Borough, extending
from the South Part of the Town of Scratbey, in the County of Norfolk, to the
North Part of the Town of Gorton, in the County of Suffolk-, for every Chaldron
of Coals, Winchejler Meafure, Laft of Wheat, Rye, Barley, Malt, or other
Grain; and for every Weigh of Salt; and for every Ton of all other Goods or
Merchandizes, (Fifli only excepted) the refpedtive Sums following, viz. for the
Term of feven Years, or fuch other lefs Term as twelve Commiflioncrs, or feven
of them (five being Commiflioners for the County of Norfolk, Suffolk, and the
City of NorivichJ fliall order a Sum not exceeding is. 6a. and after the Ex-
piration of the faid, or other lefs Term of Years, during the Remainder of the
Term of twenty-one Years, and from thence to the End of the then next Seflion
of Parliament, the Sum of lod. or fuch other greater Sum as the Commiflioners
as afoiefaid fliall order, not exceeding the Sum of 12^/.
The Sum of 3^. Part of the Duties granted by this Adt fliall every Year be p. 195.
divided, and paid upon the firft TuefJay in yune, by the Chamberlains, &c. of
Great Tarmoutb, in the Manner and Proportions following, viz. i J. 2 q. unto
the Chr.mberlain of the City of Norwich, 6cc. to be applied towards clearing and
depthening that Part of the Channel of the River of IVenfon, commonly called
J^ire,
1
'V-
m
148
^ 194.
fim
-:'ii-i'
t- '95-
[I'.i ;'
'f-l
V h
f
p 196.
.^i^
*i •
p. ig?.
p lyS.
p. ior
0/ PORTS, ^c.
Tare, which lies between the new Mills in Noriiub and UarJIy-Crofi \ nnd
for preventing Filth and Mud from falling therein, and for didtlling and iTcanring
the River inluch Manner, as the faid Corporation (hall direct, &f. and thcSmn
of ay. to be applied towards clearing and dcpthcning the Rivr liun', loninionly
called the North Rivtr, and all thofc Uranthcs thereof which lead from St.
Bennet'i jlbhiy to Dilbam, and from Bti/lwiiJi- lirUgf to Ilukling, in the Comity
of Norfolk, in fuch Manner as the Juftices (lull dired, &c. ana the Sum of 2 y.
to be applied towards clearing and dcpthenine the River IVinh-ney, in (iich
Manner as the Juftices (hall diredt, &c. and the Sum ofay. Rcliduc of the
faid ■^d. to be applied towards repairing the Bridge and publick Keys belonging
to the faid Borough of Great Tarmouth, &c.
The Sum of 3 a. other Part of the Duties, is to be divided and paid in the Man-
ner following, I'iz. the Sum of ay. to be apnlied towards the further clearing and
depthening tne River Burr, commonly called the North Rnrr, and tlic Branches
thereof, which lead from .SV. Bennct's Abhcs to Dilbam, &c. and the Sum of
2</. ay. Refidue of the faid '^d. to be applied towards the eflfcdlual clearing and
depthening of that Part of 'he River Tare, leading from Tarmouth to Noruicb,
called Braydon, &i:
The lall mentioned Sum of 3//. is not to be raifed, unlefs Notice in Writing,
&c. be given to the Mayor of Great Tarmouth, (3c.
The laft mentioned ^d. when raifed, is to be annually accounted for, Gfr. and
the Overplus, (if any) of the faid ay. Part of the faid 3^/. is to be applied in
clearing and depthening the North River, and its Branches, Gff . and tne Over-
plus (if any) of the 2 <7. ay. Refiduc of the faid 3</. is to remain in the I huu*'*
of fuch Perfon as the Corporation of Great Tarmouth in Common Council (li.ili
appoint, to be applied in clearing and depthening the Channel oi Braydon, in fuch
Manner as the Commiflioners (hall thinit fit.
During the Term of (even Years, the Sum of 4</. other Part of the Duties,
is to be applied in clearing and depthening the Haven, and repairing the Piers
nnd Jettee, and all the Capllerns, Cables, and Ropes belonging thereto, (Sc.
Ifin any Year, during the faid Term of (even Years, thelaid Sum of 4*/. fliall
not be futhcicnt for clearing and depthening the Haven, and repairing tlic Piers
and Jettee, ("even or more of the Commiinoneis, &c. upon Application of the
Corporation of Great Tarmouth, Off. arc impowered to diredt fuch further Part of
the Relidue of the Duties, as they fliall think neceflary to be applied, with the
faid 4.d. towards the faid Purpofes, and for no other U(e.
No Part of the (aid Sum or 4^. is to be applied in erefting any new Works in
the Haven, or in pulling down any Part ot the Piers and Jettee.
The (aid Sum of 4 rf. and fuch further Sums (if any) as the CommifTioners
fliall direct, to be applied as aforefaid, is to be annually accounted for, G?c. and
the Overplus (ifsny) is to be applied in amending and improving the Haven
and Piers, Cjc.
During the faid Term of feven Years, or other lefs Term, the Sumof8</. or
fuch Part thereof, as (hall not have been difpolcd of by the Commiflioners, in
Manner before dircded, Rciidue of the Duties, is to be applied in improving
and extending the Haven and Piers, and in ereding new NV'orks, as the Com-
ini(rioners as aforefaid (liall dired, according to the Provilions herein after
mentioned.
Seven or more Commiflioners, &c. at their (irft, or fome fubfequer.t Meeting
at Great Tarmouth, arc to dircdl fuch Works to be undertaken, ai, wi'h l:he
Advice of fome (kilful Engineer or Engineers, they fliall think nec-:flary for
improving and extending tlie Haven and Piers, &c.
During the Term of (even Years, or other kfs Term, the Chamberhins of
Great Tarmouth, ©f. are to pay the Money ariling by the faid Sum of 8<;'. to
fuch Perfons as the Comniiflloners (hall diredl.
The Surplus (if any) of the faid Sum oi%d, is to be applied in completing fuch
new Works, as the Commiflioners (hall dired.
If at ;riy Time, before the Expiration of the faid Term of (even Years, the
Commiflionert (hall lignify to the Mayor, G?c. tliat, in their Opinion, the Work
is completed, and the Haven and Piers efl^eftualiy improved and extended, then
the Payment of the Sum of %d. is to cea(e, except in the Cad herein after
cxctpttd. After
Of PORTS, ^c, 149
After tlic Expiration of the fitid Term of fcvcu Ycarj, or /!)oncr I)cteriniii.uit>n
of the I'aynicnt of the laid Sum ofS*/. the Sum of 4^/. Fart o4" ilu- remaining
Duty is tube appointed during the Remainder of the Tcrinut twcnty-oiic Vearb,
nnd from thence to the Lnd of the then next Selfion of I'urliament, in clearini;
iind depthcning the Haven, und keeping in Repair the Piers and Jetteo, in luch
Manner as the Corporation ofGn-at Y'armoiitb m Common Countd (full dircdl.
If in any Year, iluring the Remainder of the faid Term of twenty-one Years,
(ic. it fhall ap))car to frvcn or more of the Commillioners, Gi't-. that the faid
Sum of ^J. directed to he applied in cleaning and deptheninj; the Haven, and t- »»'
keeping the I'icrs and Jettec in Repair, will not be futitcicnt tor th<»le I'urpofcs,
they may diredl a further Sum, not exceeding 2 J. to be raifed until their next
annual Meeting, to be applied by the Corporation of G'nv/r y,irmautb, in rcpair-
in<r and improving the itavcn, (sc. in fuch Manner as the Cummiliioneru (liall
judge neceHary, &c.
I'hc faid further Sum of 2</. or any Part thereof, is not to be railed, unlcfs
Notice that the lame is necelFary, tiff, be firll given to the Mayor, ^c.
The Collcdors and Receivers may, at all Icafonablc Time.s enter into any
VelTels within the Haven or Road, in order to fee what Goods Ihall be on board,
before the unlading thereof j and, if the Duties Ihall not be paid by the Maflcr
upon the unlading, they may, by Warrant from the Mayor, or Deputy-Mayor
o\ Grtitt Tarmoutb, dillrain fuch VelTcl, her Apparel, and Furniture, and, after
ten Days, fell the fame, rendering the Overplus upon Demand, after deducting
the Duties and all Charges. ^
Such Filh Oil, or lilli Livers, as rtiall be obtained in any filhing Voyage,
and fuch Remainder of Salt, Bread, Heer, and otht.r Provilions, as rtiall be taken
, into any Vellcl for accomplilliing a hlliinij \'oyag!.', oi into any V'tflll fi<r tiic
Maintenance of the Ship's Crew, Ujion a Voynge to be made with Uich VeiTcl,
and not fpent therein, are exempted iVom the laid Duties.
On the Re-exportation of all Coals and other Goods, for which the Duties of
this Adt, on the Importation, Ihall have been paid ; any Colledlur or Kcceivcr
of the Duties, (upon Proof made before him in Writing, upon Oath, of the
Payment of the laid Duties, and which Oath he is to adminillcr) is to repay,
out of the Monies in his Hands, Off. all fuch Duties to the Re-exporter, as liiall V- *°7-
have been paid on the Importation.
From and after the 25th of March, 1750, no Veltel is to lie, or be moored p. aoq.
with her Side towards the Key, longer than one Tide, unlefs upon fomc unavoid-
able Occafion; and the Mayor, or Deputy Mayor, is to take luch Order therein,
as he fhall think realbnablci and, if any Matter (hall refufe to obey luch Order,
for altering the Situation of his Ship, and laying her Head towards the Key, he
is to forhrit 40 J. C^c.
MARGATE.
The Droits called Poundage and Lattage, and other Duties, fliall be continued 1 1 c». I. c.
for thw- Maintenance of the Pier and Harbour oi Margate. 3- ^- '•
iv ?.rJ.\ be lawful for the Pier- Wardens and Colledors, to go on board any Ditto f. 6.
VtlTel belonging to Margate, making Ule of, or being within the Harbour, and
to ti.ke Account what Duty is payable for any Goods on board) and, in Cafe of
Non-Payment, to diArain fuch Goods, and alfb the Tackle of the VclTel; and,
in Cal"s of Neglcdl of Payment by the Space of ten Days, they may fell tlie
Good', to fatisfy as well the Duty as their Charges, &c
T'.ie Money Hiall be laid out in Repairing the Pier and Harbour. O\no r g.
■ E
F' if
SUNDERLAND.
The Commiffioners appointed to put in Execution the private Aft 3 Geo. 1. 1 3 a„.
for Prefervation and Improvement of the River Wear, and Port and Haven of ''■ '•'•
Sunderland, in the County of Huxhiin, or any fevenof them, (whereof the Chair-
man to be one) are impowered, at any publick Meeting, to grant or charge the
Duties by that Adt granted, as a Security for 3500/. by them already borrowed,
or for any farther Sum to be oorrowed for the Purpofe in the fiid Adl.
I. c.
Q^q
The
m
1 v^
4-
W'>
m-..
td'^
150
Ditto i. t.
10 Gf.
P 479-
p. 480.
p. 482.
p. 490.
p. 491.
r i')9.
Of PORTS, ^c.
The Commiflloners Ihall have Power to finidi the Pier already begun, and
alfo to ereft Picjs and other Works, fur the Prefervation and Improvement of the
Haven, Off.
The Preamble fets forth that the Town of SunderlumU near the Sea, fuuatc
on the River Wear, in the County of Durham, is well inhabited by rich and
able Merchants and Tradefmen, having a Port capable of containing many
hundred Ships' ^* one Time, &c. and that by an Adt of 3 Geo. I. intitled. An
ASlfor the Prefervation and Improvement of the River Wear, and Port and Haven
rf Sunderland in the County of Durham, certain Perfons therein named, were
appointed Commiflioners of the faid River and Haven, and Duties granted for
the efFedlual cleanfing and preferving thereof, for the Term of twenty-one Years ;
and that by another Aft by 13 Geo. I. For the more eff'eSiual Prefervation and
Improvement (f the River Wear, &c. diverfc additional Powers were granted to
the faid Commiffioners, who, I.. '^urfuance of the Execution thereof, before the
Expiration of the Term limited, eredted at a great Charge, a Pier and a Key
near the Mouth of the River on the South Side, and did other beneficial Afts
for the Opening and Improving of the faid River, Gf . and, in order to have
more efFeftually cleanfid and prefervcd tlie fame, the Commiffioners propofed to
have lengthened the faid Pier, and to have built other W brks on the North Side
of the River, but the Money arifing from the Duties not being fufficient to per-
form fuch additional Works, &c. it is enabled, that the Right Reverend the
Biftiop of Durham, the Right Honourable Thomas, End of Scarborough, &c. fli.ill
be Commiffioners of the faid Rivei, Port, and Haven, within the Limits herein
after fet forth, and lliall be fo called for the Purpofes herein mentioned, for the
Term of twenty-one Years, to comm'^ncc from the 24th of June, 1 747.
The Commiffioners, or feven of them, may purchafe and take Lealcs of any
Lands near the faid River, for the erefting Piers or other Works, &c. and
employ Workmen, Keels, &c. to remove any Rocks, Gravel, (^c. below High-
Water Mark, Gft. provided that thereby they do not damage the Lands, Quarries,
Keys, Streights, Wharfs, or Beacons, of any Perfon whatfoever, &c.
The Commiffioners, or feven of them, may at all Tim es hei eafter furvcy the
faid River fo far as to the New Bridge, and no farther, (to which Place they may
make and keep it navigable for the faid Term of 21 Years) and alfo the Port,
Haven, and Harbour of Sunderland, as far as the fame extends from Souter Point,
about two Miles from the Bar of Sunderland, towards the North-Eaft, and fo
into the Sea to five Fathoms at Low- Water, and from thence in a fuppofed diredl
Line, till it falls oppofite to that Land called Ryhop Dean, about two Miles
towards the South, and the Impediments and Annoyances, &c. tlierein, and
may hear and dctcrminL all fuch Abufes, Differences, and Things, as concern
the fame, &c.
The Commiffioners, before the 24th of June, 1759, fliall remove all Sands,
Shoals, and other Obftruftions, between Biddicford and Newbridge, and lliall
effeftually make the faid River navigable, to carry Boats, Keels, and Veifels of
the Burden now ufed upon the faid River; and fhall, from Time to Time, keep
it fo navigable, between the faid two Places, for the Refidue of the faid Term of
21 Years.
From the 24th of June, 1747, for the T ^rm of 2 1 Yeaic, and from thence
to the End of the next Seffion of Parliament, every Coal-Owner for the Time
being, and their Fitters, and Coal-Fadtors, (hall feverally pay for all Coals and
Cinders brought to the faid River, and delivered from the Staith, aboard, any
Ship or other Veffel, the Sums following, viz.
The Coal-Owners refpedlively, any Sum not exceeding \d. 2q. for every Chal-
dron of Coals or Cinders, during the faid Term of 21 Years, brought for them
to the River, and delivered as aibr^faid; and fo in Proportion for any greater or
lefs Quantity.
Anil the Fitters or Coal-Faftors refpedtivcly, any Sum not exceeding 2q.
during the faid Term, for every Chaldron of Coals or Cinders, brought and
delivered as aforefaid, to be applied as herein after is direded.
The Commiffioners or Icven of them (whereof the Chairman of the Time
being to be one) at any publick Meeting by Writing under their Hands and
Seals,
0/ P O R T S, ^c.
'SI
j-co.
50«.
Seals, (without any Stamp thereon) may aflign over, &c. the Duties, or any
Part thereof (the Cnarge of making fuch Aflignment to be paid out of the Duties)
for all, or any Pari of the Term for which they are granted, as a Security for
any Sum to be borrowed for the Purpofcs herein mentioned, to fuch Perfon or
Pcrfons, or their Truftees, who (hall lend the fame, with Interefl; not exceeding p. 499.
5/. per Centum per Annum; out of which Monies, &c. fliall be paid, in the firil
Place, the Charges of obtaining and endeavouring to procure this Aft,
Cinders to be burnt from Coals, fubjcd; to the Duties beforementioned, (hall
not pay the Duties payable for Cinders, on their being put on board any Ship or
other Vcflel, in order to their being exported or water-borne to any otlier Place j
and no Duty (liall be paid for any Coals or Cinders that (hall be lofl in any Keel
or Boat funk in the fiid River, &c. or within five Fathoms at Low- Water, beyond
the Bar of the River; or for any Coals ufed in making Salt, and Glafs, Glafs
Bottles, Vitriol, and burning Lime-Stones into Lime, within the Limits of the
faid River, 5cc. fo as the Owners and Confumers thereof (being required) by the
Oath of thcmfelves, or any other Perfon, to the Satisfaftion of the Commif-
fioners, &c. prove that fuch Cinders, fo exempted, were burnt from Coals, for
which Duties, as aforcfaid, hr.d been paid; or that fuch Coals or Cinders, fo
exempted, were lolt, as aforcfaid, or that the Coals, fo exempted, had been
ufed in making Salt, &c. within the faid River, Port, or Haven, and if any
Staithmcn, &c. (fummoned to appear and to be examined on Oath, touching
the Quantities of Coals and Cinders by them delivered, from Time to Time, on
board) fliall not appear, or refufe to be examined on Oath, they fhall be charged
fuch Sums, &c.
All Duties, Fines, and Sums of Money, to be levied by this Aft, not other-
wife diredled to be applied, fliall be paid to Inch Perfon as the Commiflioncrs
fliall appoint; and fuch Money, ov fo much as fliall not be applied towards Pay-
ment of the Charges of procuring this Adl, and of the Principal and Interefl: of
the Money borrowed, and the Expence of putting this Adl in Execution,
fliall be employed jn lengthening the prefcnt Pier, and in purchafing or procuring
Leafes of any Grounds, as aforcfaid, to build any other Piers, Keys, Walls, or
Jcttccs on, and In eredting the fame, and in doing fuch other Works for the
Improvement of, and the Depthening, Cleanfing, and Prcferving the faid River,
&c. as the Commifljoners, &c. fliall from Time to Time diredt.
If by the Building of any Pier, or other Works, and the different Direction P- 503.
thereby given, to the Sea and Tide flowing into the River, &c. the Keys and
Grounds of any Perlcin fliall be beat down, overtlowcd, or otherwife damnified,
the Commiflioncrs, &c. out of the Monies arifing by this Aft, fliall caule fuch
Keys to be repaired, or rebuilt, and the Land to be effeftually fccurcd againft fuch
Sea and Tide, within twelve Months after any fuch Accident; and fliall likewife
caufe to be paid to the Proprietors of Lands and Grounds, or to luch other Per-
fons as fliall make Proof of any Dainagcs done by them, in the Execution of tliis , 1 ,<',
Aft, fuch Sums as fliall be aflTeffed by a Jury, &c. ■
NEWHAVEN.
That the Haven and Pier of Newbaven in Sujfex may be rebuilt, John Alfard, 4 <?»«. 11, e.
Efq; and others, are confl:itutcd Commiflionersi and it fliall be lawful for them '7' ^- '•
to by out the faid Harbour and Pier.
Tnere fliall be paid the Sums of Money following, viz. For every Chaldron of Ditio f. v.
Coals, Grindfloncs, ^nd other Goods, paying Duty by the Chaldron, exported
or imported, in the faid Haven, 1 s. for every Ton of Coals, paying Duty by
the T^A. Salt, Plaiftef of Paris, Tarris, Tobacco-pipe Clay, Stone, and Marble
Blocks, Lead, Iron, or other Goods, paying Duty or Freight by the Ton, i s.
for every Load pf Timber, Waii]fcot Boards, Trends, and all other converted
Timber, \s. for every Load of Tan or Bark, 2J. for every Hundred of finglc
Deals, Spars, Ufirs, Pipe, Hogflicad, and Barrel Staves, 1 s. for every Hun-
dred of double Deals, sj. and of three Inch Deals 31. for every Quarter of
Wheat, Peas, Tares, Beans, and all heavy Seeds, -^d. for every Qiiuirter of
Barley, Malt, Oats, S;fint-Foin, and light Grains, 2</. for every Hoglhead of
Wine, and other Liquids, bd. for every IlogflieaJ jf Sugar, Tobacco, and dry
Goods, 9</. and for every Tierce thereof, td, for every Barrel of Pitch, Tar,
2 GreceiL's,
t
i«
\
m
'S*
Of PORTS, ^c.
> 4' \
3^'
Ditto f. 3.
Groceries, and all other Goods in Barrels, 4^. for every Bundle, Bale, mid
CheftofHemp, Linens, Woollens, dafs, Fruits, Eartben Ware, not exceed-
ing three Hundred Weight, ^d. for every Hundred Weight«of Allum, C'heele,
Tallow, Colours, Shot, Nails, Chains, and wrought Iron, Brafiers and Pcw-
tercrs Wares, and all other Goods paying Duty or Freight per Hundred Weight,
\d. for every -Grofs of Bottles 3 </. for every Hundred Feet of paving Stones, or
paving Marble, 2 s. for every Thoufand of Tiles, Bri- ' s, and Clinkers, i s. for
every Ship (Fifliing Veffels excepted) that comes load or unload, id. per
Ton, according to their light Bills; for every Vefftl that comes in, and neither
loads nor unloads, 2j. each, from twelve to fifty Tons, and, if above fifty Tons,
4 J. for all Goods not enumerated, one twelfth Part of the ufual Freight from
London to Neivhaven.
Which Duties fhall be paid bv the Perfon who fliips or receives Goods, the
Mafter to pay the Tonnage of the Ship ; and no Officer of Cuftoms of the Port
of Lewes fliall take Entries, or make out Cockets, for fliipping or difcharging
Goods, or for clearing any Ships, until the Duties be paid, or Security given;
or fJiall permit any Ship to go out of the Haven, until the Mafter produces a
Receipt for the Duties aforefaid.
The Colledors may go aboard and diftrain for Non-payment, and, in Cafe of
Negledt for ten Days, may fell the Ship and Furniture.
When the Jufticcs, at their Qu_arter Seflions for Sufjex, (hall certify, that the
Commiflioncrs are reimburfed, one half of the Duties (hall ceafe, and the other
Half (hall continue, for keeping the Haven, Pier, and Sluices in Repair.
ILFORDCOMBE.
The feveral Duties following (hall be paid to Sir Bourchier JVray, his Heirs and
Afligns, Lords of the Manor of Ilfordcombe, in the County of Devon (the
greateft) Part of which Acknowledgments were anciently. paid to the Lords of
the Manor, viz.
For Woollen, and Bay Yarn, and Flocks, 2q. per Stone, each to contain 18
Ih. and for every Ton of other Goods, imported or exported out of the faid
Port, id.
For every Ship which (liall come into the faid Harbour (the fame not being
their difcharging Port) the Keelage following, viz. For every Ship uJing the
Coafting Trade, belonging to the (aid Port, 6d. for every Ship, not belonging
to the faid Port, ufing the Coafting Trade, 1 /. bd. for every other Ship coming
from his Majcfty's Plantations, or bound thither, 2s.6d. the Mafter paying the
faid Duty of Kceb gc, (liall have Allowance of the Merchant by Way of Average ;
for every Ship that pays Keelage, there (hall be paid by the Mafter 6d. for each
Top which (Uch Veflll beareth, and for the Keelage of every Boat belonging to
any other Port or Place, 4.d.
For the Support of the Lighthoufe (which Light (hall be fet up at Michaelmas,
and continue till the firft of March, in every Year) there (hall be paid, during
fuch Seaibn, by every Ship belonging to the faid Port, dd. and by every other
Ship is.
And for laying up, or lecfing of Ships in the Harbour, and to the Fi(hery,
there (liall be paid the Duties following, viz. for every Ship belonging to the
Harbour, 4^. 4^. for every other Ship 6^. %d. for every Boat employed in tlie
Herring Fidiery, 4^. ^d, and for every Boat fifliing for Mackrcl, for the Seafon
4J. 4(/. and for every Barrel of Herrings \d. and for every Horfe-Load of Goods
imported or exported ^d-
Ditto f. 6. For the keeping of a Taw-Boat there (liall be paid fuch Duties, and fuch Orders
obfcrved, as follows: Firft, the Owner of fuch Taw-Boat fliall have fcr going
to any Ship, three Shares, and the Owner of the Boat and Company fliall have
one Third of every Pilot Ship; the Owner of fuch Boat to have his l*art, whe-
ther the Pilot be (hipped within the Harbour or without; and the Keeper of fuch
Boat fliall have one Man's Share; and no Boat fliall ferve-, but fuch Taw- Boat
only, wliicli is to attend the Place; and, if any other Boat fliall ferve, the
Ov/ner of fuch Boat lliali forfeit bs. Sd. unlefs upon Extremity of Wea-
ther, then the Owner of the Taw-Boat (hall appoint other Boats to afllft hini;
and
Ditto r. 4.
Ditto f. 6.
4 G<». II. c.
19. r. I.
Ditto r. 2.
Ditto r.
Diito {. 4.
Ditto !. ;
ic-
»S5
Ind
Of PORTS, ^c.
ond tKe Owner o^ fuch Taw-Boat (hall have from every fuch fpecial fioat, ond
Share, and the Keeper of the Taw-Boat (hall attend, and keep the Boat and
Warp always in ReadineCs.
There (hall be paid by the Mafter of every VefTel belonging to Ilfdricmhet Ditto f. ^.
who ihall ufe the Warp, 6j. 8</. and by thcMafter of every Ve(rel belonging td
any other Port, 13J. 4</.
For keeping Weights in the Harbour, by the faid Sir Bourcbler Wray^ his Ditto f. 8.
Heirs and A(rigns, the Orders herein after mentioned (liall be dbferved, viz. No
Perfon (hall weigh any Goods, bought or fold there, with any other Weights;
ar.!! if any Perfon (hall Weigh with other Weights, fuch Perfon (hall forfeit
3/. \d. and there (hall be paid for every Ton (b weighed, id.
There (hall be paid for every Dicker of Leather there landed, 3 d. for every Ditto r. g.
Hog(head of Tobacco -xd. for every Weigh of Coals or Culm 6^. for every
Horle \d. for every Bullock zq. for every Score of Sheep \d. for every Dozen
of Earthen Ware, imported or exported, 2y. for every Meafe of Herrings
unfalted, carried out of the Port, 3^/. for every Ton of B^llaft taken on board
in the Port 2 d. for every Ton of Lime-Stones landed in the Harbour i d. for
every Ton of Groceries, or Saltery Wares, i s. 6d. for every Hundred of Barrel
Staves, 4<y, for every Bundle of Hoops zq. for every Pack of Bays or Stuff 3^.
and for every Hundred Weight of Cheefe 2 d. and for the leefing or laying up
of eveiy fuch Fi(hing-Boat as (hall not pay Duty zs. zd.
And for all other Goods, not particularly mentioned, imported or exported, Ditto f. to.
fuch Sums of Money fliall be colledted, as Duties appertaining to the faid Key,
Light-Houfe, and Warp-Houfe, according to fuch moderate Values, as are
proportionable to the Rates above exprelftd, and as are paid in the adjacent
Ports.
All Money ralfed by the Duties, or recovered by Forfeitures, (hall be laid out Ditto f. ij.
in repairing and maintaining the Piers, Key, Light-Houfe, Warp, Warp-Houfe,
Boats and Harbour of Ilfordcomhe.
The Water-Baili(f hath Power to go aboard Ships, and to diftrain for Nod- Ktto f. 16.
payment, and, after ten Days, to fell the Diftrcfs, and fatisfy the Duties, Pe-
nalties, and Cods.
Nothing in this Aft (hall dimini(h any of the ancient Rights, which the Freemen Ditto f. 17,
oi Bridgwater have enjoyed, by Virtue of a Charter granted by King Jabn.
SCARBOROUGH.
The King erefteth a Corporation of two Perfons, called, the Majlefs, 6r ^-^rr^ y^
Keepers, of the Key or Pier 0/' Scarborough. c. 14. f 1 .
The Mafter and Keepers (liall receive of the Owners of Tenements in Scarbo- Di„o f_
rough, the (ifth Part of the yearly Rents, for the Maintenance of the Key or
Pier, at the Feafts of Pentecoji and St. Martin.
From the 24thof yHW*" 1732, until the 24th of June, 1763, the Duties after- ; g«. ir. c.
mentioned (hall be paid, .or the enlarging and keepi-^g In Repair the Piers of"' ^- '•
Scarborough, to wit, zq. for CTcry Chjddron of Coals, laden on board any Ship
in the Port oi Newcajlle, or any Member of the Port of Newcajf/e; which Duties
fliall be paid to the Bailiffs and BurgefTes of Scarborough, as they in Common-
Council alfemblcd (hall appoint, by every Ma(ter of a Ship, before fuch Ship be
fufiered to proceed in any Voyage, to be paid near the Place where fuch Ship
fliall take on board fuch Coals.
Till the 24th of June, 1783, there (hall be paid to the faid Bailiffs and Bur- Ditto f. j.
gcffes, forCoals landed within tne Port of Scarborough, 1 s. per Chaldron, Town's
Meafure; for Cinders \s. per Chaldron; for every Weigh of Salt zs. for every
Grofs of Glafs Bottles zd. for Fir Timber imported in Englijh Bottoms -j^d. per
Ton; for every Hundred of Fir Deals 3 f. of half Deals is. bd. of middle Balks
3J. of double Ufirs 3/. offingle Ufirs is. ofCapraevcns 3J. of fmall Balks u.
of fmall Spars bd. of Battins is. of Palc-Boarr's zd. great Mafts apiece 3 x»
middle Malts apiece i s. bd. fmall Mails apiece bd. Oak Timber and Oak Plank
per Ton ^d. Wine anc^ Brandy /^r Ton 51. and for all the above enumerated
Goods, which (hall be imported in foreign Bottoms, double Duties; and for all
foreign Goods, not above-mentioned, imported in £«_g^////j Bottoms, -^d, perTon;
R r and
^m
^^w^
y,-.
'54
ilSl:
l-^'
!>itto r, ;>
Ditto (. 17.
Ditto f. 19.
Ditto r. «.
ii^
t^r::
a 5 G«. ir.
6G«. II. c.
iz. r I.
Ditto r. >.
Du;o i'. 3.
Ditto f. 8.
0/ PORTS, &c.
and for foreign Bottoms 6 J. per Ton; and for Butter (hipped off from Scario-
rougb id. per Firkin; for dried Fifli and Mud Fifti fliipped off 2 J. per Score; for
Barrel Fi(n fo fliipped off per Barrel ^d. for Tallow fo (hipped off 3</. ^w Hun-
dred Weight; every Ham of Bacon 2d. Ncats Tongues ^ir Dozen 34/. pickled
Pork^^r Barrel 1 s. for every Flitch of Bacon 2d. Rabit Skins per Pack 2 s. bd.
Calves Skins per Dozen 3</. Leather ^e^r Hundred Weight \s. And for every
EnglUh Ship which fliall enter within the Piers 6d. and for the Top, or Crofs
Trees, of fuch Englijh Ship, being of the Burden of 130 Tons, ^d. and for
every foreign Ship lb enteruig i s. and for the Top, or Crofs Trees of fuch
foreign Ship of 1 30 Tons, 8tf.
In Default of Payment it fliall be lawful for the Colledlors to diffrain.
All Ships within the Port of Scarborough Ihall lie, moor, and ballaft, in fuch
Place as they fliall be diretfted, under Penalty of 5/. Gfr.
Th*" ancient Tolls for fupporting the Piers fliall be, paid.
All ohips Britijh built, and manned according to the Adt of Navigation, belong-
ing to Great Tarmouth, fliall be free from the faid Duty of 2 q. per Chaldron of
Coals, fo as the Mafter, or fome Mariner on his Behalf, produce a Certificate,
made upon Oath before the Mayor oi Tarmouth, and under the Seal of Mayoralty,
that fuch Ship ^oes belong to rarmoutb, and that tlie Inhabitants thereof are
Owners of ;hc major Part of fuch Ship.
By this Adt Trurtccs are appointed to put the then Aft in Force, in the room
of the Bailiffs ami Rurgeffes of Scarborough. No Perfon is to empty any Ballaft,
Rubbilh, Duft, A.hes, Earth, or Stones, into the Harbour, or lay any Logs, or
Floats of Timber, or other Matcri.ils; or fct up any Ports, or incroach on the
Harbour, to the Annoyance thereof, on Pain of a fine to be levied by Order of
any two of t!ie Commiflioners, not exceeding 5/. to be applied to the Ufe ol the
Harbour. On Non-payment, the Offender to be committed to the County-Goal
till paid, or compounded with five of the Commiflioners.
ARUNDEL.
"Xlie Mayor of Arundel and others are appointed Commiffioners to improve
and preferve the Harbour of Arundel; and it fliall be lawful for the Commii-
fioncrs, or any nine of them, to eretfl Piers and other Works.
Th'-re fliall be paid to the Commiflioners the Duties following, viz. For every
Chaldron of Coals, Grindftones, or other Goods paying Duty to the King by the
Chaldron, which fliall be exported or imported in the faid Port, 1 s. for every
Ton of Salt, and other Goods paying Duty or Freight by the Ton, i s. for every
Load of Timber, Wainftot, Trenals, or other converted Timber, i j. for every
Load of Bark 2s. for every Hundred of Spars, Ufirs, Pipe, Hog(head, or Barr^-l
Staves, IS. for every Hundred of Angle Deals is. bd. of double Deals, 2 s. of
three Inch Deals 2 X. 6 </. for every Quarter of Wheat, Clover, and other Grains
and Seeds, ^d. for every Load of Flour or Meal is. and of Br.in bd. for every
Hogfliead of Wine or other Liquors is. of Sugar and dry Goods 9^/. for every
Tierce thereof bd. and for every Barrel of Pitch, or other Goods, ^d. for
every Bundle, Bale, and Cheft of Hemp, Linen, Woollen, Glafs, Fruits, and
Earthen Ware, i d. per Hundred Weight; for every Hundred Weight of Allum,
and Goods paying Duty or Freight /^r Hundred Weight id. for every Hundred
Feet of paving Stone or Marble 2 s. for every Thoufand of Tiles, Bricks, or
Clinkers, is. for every Grofs of Bottles, Stone, or Glafs, 3^. for every Barge,
or other Craft, pafling through each Lock, is, for all Goods not enumerated,
one Twelfth of the ufual Freight from London to Arundel; for every Britijh Ship,
which fliall load or unload, (Fifliing Vcffels excepted) 3^. psr Ton, according
to their light Bills; for every Britijh Ship, which fliall fail into the Harbour,
and fliall neither load nor unload there, id. 27. per Ton; for every foreign Ship,
and for all Goods, imported and exported in foreign Bottoms, double Duties.
No Ship fliall be cleared at the Cuflomhoufc, till the Mailer produces a Certi-
ficate that the Duties are paid or fecured, &r.
When it fliall appear to the Juflices, and be certified h^ them, that the Com-
miffioners arc reimburfed the Monies borrowed, one Half of the Duties (hall
ccafc.
2 All
T^
Of PORTS, ^c.
All Ships in the Port of Arundel vet to moor and ballad in fiicli Places as the Dmo (. loi
Maftcrs fliall be direftcd, Gff .
This Ad: Aall be a publick AS, tSc. r. ,j.
River Dee at CHESTER.
By an hSi made 6 Gto, 11. intitled, An A£i to recover and prejcrve the Navi- tya<,. u.
ration of the River Xi^t, in the County Pa/atine j/' Chefter, reciting, that by anp-s?'-
Aft made 1 1 and 1 2 fFi//. III. intitled» An A£l to enable the Mayor and Citizens
e/"Chefter to recover and pre/erve the Navigation of' the River Dee, reciting, that
the laid River Dee was heretofore navigable for Ships of a confiderable Burden, .,^
from the Sea to the City of Ch^en but, by Negleft, and for Want of fufficient
Banks and Fences on the Sided thereofi againd the Flux and Reflux of the Sea,
the Channel was become fo uncertain* that the Navigation was alinoft loftj the
Mayor and Citizens of Chefter, and their Succeflbrs, were empowered to make
the faid River navigable from the Sea to the faid City, for Ships of one Hundred
Tons or upwards; and certain Duties in the faid Aft mentioned were laid upon
Coals, Lime, and Limeftones, brought to the faid City, for the Term of twenty-
one Years; and the Property of the Sands, Soil, and Ground therein mentioned,
was immediately, after the faid River and Channel fhould be made navigable
for fucli Ships to and from Chejier, to be veftcd in the Mayor and Citizens, and
their SuccclTors, for everj and they were at Liberty to enclofe and improve th«
fame, and receive the Profits thereof, and apply the fame for maintaining ud
repairing the intended Works and 1 ences, and fur making fuch farther Works,
from Time to Time, as Occafion fliould rcquiic for making and keeping the faid
River navigable: And reci:{>.g, that (evcral tunliderable bums had been laid out
purfuant to the faid Aft, Ki.t the River was not made navigable, the Provifions
for making it fo being infufficii.'nt, ard the Time thereby granted, for rrialvi.ig
the fame navigable, was expired: And reciting, that the Sands, Soil, and Ground,
not bearing Grals, commonly called the H'hite Sands, from Che/ler to the Sea,
and lying between the County of Clr/icr, on the North Side, and the County
of Flint on the South, are of great Bieadth in moft Places j and that the River's
not being navigable was chiefly owing to the Breadth of the Sands, and to the
Shifting of the Channel, as the Winds and Tide varied; and that the faid Sand,
Soil, an 1 Grcund were not, nor were likely to be, of any Benefit to any Perfon
whatfoever, unlefs the River was bounded in, and made navigable by Sea Walls,
which required a very great Expence, as well to ereft, as to maintain and re-
pair, from Time to Time, as Occafion fliall require; but that yet, if the faid
Sands, Soil, or Ground, were recovered from the Sea, Dy Sea Walls, and the
Channel thereby confined to one certain Courfe, it would not only efteftually
make the River navigable, but that vefting the fFhite Sands in the Undertakers,
would be a confiderable Encouragement to the Undertaking thereof: And recit'
ing, that the making the faid River navigable, would be a Means to advance the
Trade of the City, and that a great Benefit would accrue thereby to the Inhabi-
tants, and to the Towns and Countries adjacent, as alfo be a Means to increafe
the Number of Seamen and Watermen, and promote the publick Good of this
Kingdom ^ Nathaniel Kindcrley, In the faid Aft named, his Heirs, and Afiigns,
and fuch Perfoiif; as he, &c. mould appoint, were, by the faid Aft of 6 Geo, II.
appointed Undertakers of the faid Navigation, and impowcred, at their own
Charges, to make and keep the faid River Dee navigable from the Sea to fFilcox
Point, that there iliould be fixtcen Feet Water in every Part of the River at a
moderate Spring Tide, for Ships to come and go to and from the faid City; and
to that Ef/d, to make the Channel to run through the ff^hite Sands, or the common
Salt Marflies adjoining, or through the Marflies of John JVright, Eiq; com-
monly called Brewers-Hall Marjh, as they fliould think fit; and the faid
Nathaniel Kinderley, his Heirs, Afligns, and Nominees, had farther Povrers P
granted them by the faid Aft, as therein mentioned ; and, as they would neccf-
farily be at a very confiderable Expence in making the River navigible, and
keeping up the fame, it was by the faid Aft of 6 Geo. II. cnafted, that imme-
diately iirter the faid Nathaniel Kinderley, his Heirv, Afligns, or Nominees, (hould
make the faid River Dee navigable, and pafliable for Snips in Manner as afore-
faid.
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0/ PORTS, &>c.
faid, all Merchants, and Proprietors of any Goods, that fliould be brought into
the faid River and Channel, and that Ihculd be loaded at, or (hipptd off, or fcnt
from Chejier, or from any other Places bet\ <;cn the faid City and Par/i-gate in
the County of Chejicr, on the North Side of the faid River, and between the
City of CheJler and Town of Flint in the County of Flint, on the Soutli Side of
the faid River, rtiould pay to the faid Nathaniel KincUrky, his Heirs, C^c. fceral
Duties in the faid Aft mentioned; alfo certain Sands, Marflics, and Salt Grafs,
and other LanHs therein mentioned, were, fo foon as the fail. River was made
navigable, veltcd in the Undertakers, for their proper Ufc, under the Provifos in
the faid Aft mentioned; and Commiflioners were appouuc! by the faid Aft,
for fettling all Matters, about which any Difference Ihould arife between the
Undertakers and Proprietors of any of the Lands adjoining to the River; and
the Commiflioners were thereby .mpowered to fettle and alfefs Rccompencc to
Se made for Damages that might happen to any of the Lands or Fiflicries, by
Rcafon of the faid Navigation : And the Undertakers were diredcd to invcll
loooo/. in South Sea Annuities, or other Government Securities, in the ^'ame
of Tbomus Revel, John Manley, and Benjamin Heaie, Efqrs. and John Bland,
Banker, to anfvvcr the Damages laft mentioned, for three Years after the Navi-
gation fliould be fully compleated : And it was thereby alfo eiiafted, that if the
laid Undertakers (hould not begin before the 24th Day of June, 1735, and
make the faid River navigable, according to the true Meaning of the Act, on or
before the 24th Day of June, 1742, all and every the Powers and Intercft of the
faid Nathaniel Kinderlcy, his Heirs and Nominees, fliould be utterly void; and
that it fhould not be lawful for any Proprietor or Undertaker, or their Heirs,
or any Perfons clainiing under any of them, to difpofe of their Intereft in the
faid Undertaking, or any Share thereof, until fuch Time as the faid River fliould-
be made navigable : And the faid Nathaniel Kindcrley did afterwards, by an In-
ftrumcnt in Writing, dated the 9th Day oi July, 1733, and duly executed,
declare, that his Name was made ufe of in the faid Aft of 6 Geo. II. in Truft
for Thomas Watts, and Richard Manley, Efqrs. and fuch other Perfons as they
fhould appoint to be concerned in the faid Undertaking; and the laid Nathaniel
Kinderley did afterwards duly nominate certain Perfons, being forty in Number,
to be Undertakers of the Navigation : And by Indenture Qujidrupartite, made
Jfprilg, 1734, between Nathaniel Kinderley, of the firft Part, nomas f Vat ts and
Richard Manley, of the fecond Part, Jofeph Davis and William Parfons, of London,
Gentlemen, of the third Part, and ninety other Subfcribers to the faid Indenture,
or to the Schedule thereof, of the fourth Part, and duly executed by all the
faid Parties, it was agreed, that the faid Subfcribers fliould raife a joint Stock
of 40,000/. in the Manner and on theTrufts therein mentioned; which Trufts
were, amongft other Things, to lay out the 10,000/. to be depofited as a Fund
to anfwer the Damages before fpecifiedj and alfo to lay out fuch Sums aj; Ihould
be neccffary to recover and preferve the Navigation of the River Dee; and the
Refidue (if any) of the faid 40,000/. was to be in Truft for the faid Subfcribers,
in Proportion to the Sums by them refpeftively paid in : And it was by the faid
Indenture farther agreed, that the Duties and Tonnage by tlie faid Aft made
payable to, and the Sands, Soil, Ground, Mar/hes, and Salt Grafs, thereby
vcfted in the faid Nathaniel Kinderley, his Heirs, (Sc. Ihould remain to the Ufe
of the faid Subfcribers, in Proportion to the Sums by them refpeftively paid:
It was alfo agreed, that the faid Joint Stock of 40,000/. fliould be divided into
400 Shares, each confifting of 100/. and that each of the Subfcribers fhould
be entitled to fo many Shares as he fhould have fubfcribed and paid in 100/. and
feveral Provifions were made for the Management of the Undertaking, for reco-
vering and preferving the Navigation, and of the Affairs relating thereto: And*
the faid Undertakers, the Affigns or Nominees of the faid Nathaniel Kinderley,
between the 27th of iugu/l and gth of Novemier, 1735, did inveft 10,000/. in
the Purchafe of 9290/. old South Sea Annuities, in the Names of Thomas Revel,
John Manley, Benjamin Hoare, and John Bland, as Truftees for the Purpofes in
the faid Aft mentioned ; and the faid Benjamin Hoare afterwards refufine to accept
the faid Stock in the South Sea Company's Books, or to aft in the wid Truu,
the Annuities were, in Purfuance of a Decree of the High Court of Chancery,
5 made
Of PORTS, ^i\
made the iPiii lixj oi February, 1737. transferred into the Names oi Thomas
Revel, Job Manley, and John Rland, upon the fame Trufts: And the Under-
takers began the laid Undertaking, betorc the 24th Day of y«Hr, 1735. and
laid out the Monies advanced upon the laid Indenture^ in making the Depofit of
10,000/. in South Sea Annuities, Gff. and great Progrefs was thereby made in
recovering the faid Navigation j but the fame not being pcrfedled, and it being
neceflary to raife further Monies for that Purpofe* it was by Decd-Poll, bearing
Date the 17th Day of vfw^w/?, 1736, agreed ^o advance Ten />(?a- Cf«/. more, on
each of their refpcdtive Subfcriptions, for the Purpofes in the faid Indenture
exprcfl'cd concerning the faid 40,000/* and afterv/aras there being a Neceflity to
raifc further Monies for the pcrfedling the: T' wigation, by anotner Deed-Poll,
bearing Date March the 3d, 1736, it w'as agrt i by the Subfcribcrs thereto, to
advance 20 per Cent, more on their refpedli -e Subfcriptions: And the Subfcribers
to the faid Indenture, and to the Deeds-Poll, and Undertakers of the Navi-
gation, having paid in 47,830/. the fame was laid out in making the faid Dc-
poiit, and in cutting a new Channel for the River Dee, through the adjacent
Marihes, near ten Miles in Length; and making a Dam and Sluices crofs the
old Channel, and deepening thereof, and ipaking other Works neceflary, for
the recovering and preferring the Navigation, and the Charges neceflarily attending
the Undertaking; and the River was, in April, 1737, turned into the new
Channel, and hath ever fince continued to run through the fame; and ever fincc
Ships and Veffcls of confidenihle Burden have failed through the new Channel
up to U ilcox Point; and the Undertakers being, by the faid Aft, direfted and
impowered to make and keep the River navigable from the Sea to the faid Point;
iliat there fhould be fixteen Feet Water in every Part of the River at a moderate
Spring Tide, for Ships to come and go to and from the fiiid City, feveral
1 rials and Soundings were made, to afcertain the Height the Water flowed to, ^'
at a moderate Spring Tide, and thereby the fame was nxed to be level with the
Height of nine Feet above the Apron of the ten Gate Sluice, Part of the Works
of Navigation er-'fied by the Undertakers; and a Pile was, in 1738, iixcd in the
River near the faid ten Gate Sluice, on which the Height of nine Feet from
the Apron of the ten Gate Sluice was marked, and fet for the Standard Height
ol the Water at a moderate Spring Tide, and the fame has fince been commonly
called the Standard; and the Undertakers finithtd the Undertaking in making
the faid River navigable, according to the Intent and true Meaning of the laid
recited Adl of 6 Geo. II. before March 25, 1740, and have fince that Time been
at very great Expences in keeping the fame nnvigable, according to the true
Meaning of the Adt; and the joint Stock of the faid Undertaking having been
laid out as aforcfaid, and proving infufficient for fecuring the Works, and inclof-
ing and improving the Sands and Grounds veftcd in the faid Undertakers, at a
general Nieeting, held December 1 1, 1740, they did agree, that the faid joint
btock Ihould be increafed to 52,000/. and that Application fhould be made to
Parliament to incorporate the Undertakers: And by one other Adt made 14
GVo. II. intituled, yln yiSi for incorporating the Undertakers of the Navigation of
the River Dee, it was amongft other Things enadted. That William Allix, and
the feveral other Perfons therein named. Proprietors of the Undertaking, and
the Rcprefentatives offuch Subfcribers to the faid Indenture or Deeds-poll as
vtre dead, their feveral and refpcdtive Succeflbrs, Gff. Ihould be eredted into
one Company for the Purpofes aforefaid, and be incorporated by the Name of
*J'hc Cotiiptiiiy ofPropfietors 0/' the Undertaking for recovering and prefervingthe^'
jS'iragiition of the River Dee, and have perpetual Succcffion, and a common Seal,
and liave Power to do all fuch Adts as the faid Nathaniel Kindcrley, his Hei;s,
fcfc might have done, by Virtue of the faid Adl of 6 Geo. II. and to take all
liich Duties, Tonnage Dues, and Payments vvhatfoever, as the faid Nathaniel
Kindcrley, his Heirs, Gfc. were empowered to do by the faid Adl; and to em-
l>;ink, inclofe, improve, and apply to the Ufe of the faid Company, the White
Senilis, Soil, and Ground, and other Lands whatfoever, by the faid Adt veiled
in the lliid Nathaniel Kinderley, his Heirs, (^c. upon the Terms in the faid Adt
mentioned, in the fame Manner as the faid Nathaniel Kindcrley, his Heirs, Cc .
S f might
0/
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P 58»-
might have executed the fame, by Virtue of the faid Aft, fiihjeft to the Limi-
tations, Gff. in the faid Aft mentioned; as by the Aft of 14 GVe. II. will more
fully appear: And the Tonnage Rates and Duties, which, by the faid Kti 6
Geo. II. are charged for all Goods brought into, or loaded in the liiid River,
are by Experience found to be too high, and a Difcourageiuent to the Trade of
the City; and the Mayor and Citizens of Chijier, and the Merchants and Traders
of Chtjler, have therefore requellcd the Company of Proprietors of the Under-
taking to confcnt that the fame may be rcpc.dcd, and that in lieu thereof eafier
Tonnage Duties may be appointed, which the faid Company have confcntcdto;
the doing whereof will be an Encouragement to Trade, and for the conmion
Good of the Undertaking, that th. faid Aft of 6 and u Qco. II. fhoulJ bi
explained and amended, in the fcveral other Particulars hereafter mentioned.
It is therefore f«fl<f?fr/, that after May 25, 1744, the faid feveral Rates of
Tonnage, payable to the faid Company of Proprietors, by the feveral Afts beforf;
recited, or either of them, fliall be no longer r yable; ai 1 th.it fo much of the
faid Afts as rel"*". to the Payment thereof, fl he r tely repealed.
After May 25, 1744, there fhall for ever be . .\\A www the laid Company, and
their Succeffors, or to their CoUeftors, for tcy ^i:. Sloop, Hoy, Bark,
Barge, Lighter, Boat, or other Veffel, coming i n u, ov govng out of, or navi-
gating in the River, and new Channel, with any Gi i.as or A bandizc (Lead/
Oyfters, Slates, and paving Stones, excepted) by the Marter ui v *wner of fuch
Ship, Gff . or othtr Veflel (every of whom are by this Aft made liable to the
fame) the feveral B ates. Tonnage, Keelage, or Duties, _.cording to the full
of their Reach ard Burden, herein after particularly defcribed, for every Ton
of Burden of fuch Ship, Sf<r. or other Veflel, that is to fay, for every Ship, Csfr.
or other Veflel coming to, or going from, the City of Chtjler, or to, or from
any other Place, between the City of Cbejler and Park Gate, on the North Side
of the River, and between the City of Chtjier and the Town of Flint, on the
South Side of the River, to or from any Part of Great-Britain or IFales, or the
other Places or Countries herein after mentioned, the feveral Rates and Duties
following ; that is to fay, for every Ship, Sloop, Hoy, Bark, Barge, Lighter,
Boat, or other Veflels, going to, or coming from any Part of Great-Britain or
Wales, between the faid City and St. David's-Head, or Carlijle, for every Ton
2d. and for every Ship, Qfr. going to, or coming from any Place between St.
David's-Head and the Land's-End, or beyond Carlijle, to any Part in, or on this
Side the Shet lands, or to, and from the IJle of Man, for every Ton 3</. and for
every Ship, &c. going to, or coming from any Part of Ireland, for every Ton
4</. and for every Ship, Gfc. goinc' to, or coming from any Place, up the
King's Channel, beyond the Land's End, or beyond the Shetlands, for every
Ton tfd. and for every Ship, fi?c. going to, or coming from any Part of Nor-
way, Denmark, Holjlein, Holland, Hamburgh, Flanders, or any Part of France,
without the Streights of Gibraltar, or the lilands of Guernfey or Jerjly, for every
Ton %d. and for every Ship, &c. going to, or coming from any Place in
Newfoundland, Greenland, Ruffia, and witnin the Baltick, Portugal, or Spain,
without the Streights, Canaries, Madeiras, Wejlern-Illes, Azores, for every Ton
I s. and for every Ship, &c. going to, or coming from any Place in the Ifejl-
Indies, Virginia, or any other Part of America, Africa, Europe, or AJia, witnin
the Streights, or not named before, any Part of ^/mv; without the Streights, or
Cape de Verde IJles, for every Ton \s. and bd. for every Sloop, Hoy, Bark, &c.
carrying Goods from, or bringing Goods to the City of Cbejler, or through any
Part of the faid new Channel, in order to be put on board, or difcharged from
any Ship, &c. lying at Park-Gate, Flint, or any other Place within the Port
of Chejler, and below the faid new Channel, made by the faid Undertakers, for
every Ton 2d. and fo in Proportion for a greater or lefs Quantity than a Ton;
fuch Duties to be paid at the Time of fuch Ship or other Veflrl's Difchargc,
cither inwards or outwards, at the Cuftomhoufe in the Port oi Chejler, fo as no
Ship or other Vcfl'el fliall be liable to pay the Duty but once for the faid Voyage,
both out and home, notwithftanding fuch Ship or other Veflel may go and
return back, with a Lading of any Goods or Merchandizes.
And
Of PORTS,
T.
'59
And H" the faid Aft of 6 Geo. II. it is (among other Things) provided, that
if any Ship or Vcffcl, employed by the Chccfcmongcrs of the City of Lomion, in
the Chcefe Trade to the City of Chejier, Hiould not go up to the City, or
widiin any Parts of the intended Worlcs of Navigation, but fliould have their
Lading put on board fuch Ship or Vefl'el, by Boats or Keels, 6</. pir Ton, and
no more, fhould be paid to the faid Nathaniel Kinderley, his Meirs, &c. by the
Mafter or Owner of every fuch Boat or Keel, for all Cheefc or Lead, fo to be
put on board fuch Ship or Veflel, in full Satisfadtion and Difcharge of all Duties
and Tonnage whatfoeverj it is hereby further enaSfed, that after the 25th of
May, 1744. the faid Duty of 6</. per Ton, made payable by the above recited
Provifo, Ihall ceafe, and be no longer payable; and that, in lieu of the faid
Duty of 6d. per Ton, for fuch Boat or Keeb, a Sum of id. per Ton, and no
more, fliall from May 25, 17441 be paid to the faid Company, and their Suc-
ceflbrs, by the Mafter or Owner of every fuch Boat or Keel, carrying Cheefe,
(Lead being exempted by this Adl from the Payment of any Tonnage) to be
put on board fuch Ship or Veflel, in full Satisf<ii.iic'> of all Duties and Tonnage
whatfoever.
All Ships, &c. or other Veffels, coming into, or going out of the faid River, p. jSj.
and new Channel, and liable to the Payment of the Duties of Tonnage, by this
Adt impofed, fliall be meafured, by taking the Length of the Keel, lo much as
flie treads on the Ground, and the Breadth to be taken by the Midfhip Beam
from Plank to Plank, and half that Breadth fliall be accounted for the Depth
of every fuch Ship or Veflel; then multiply the Length by the Breadth, and the
Produdt thereof by the Depth, and divide the Whole by ninety-four, and the
Quotient fliall give the true Contents of the Tonnage; according to which
Method, all Ships, and other Veflels, fliall be meafured, and the feveral Duties
of Tonnage thereby be computed, and colleftcil accordingly.
If the Lnding of any Ship, or other Vefl'el, which fliall be liable to the Pay-
ment of the Duties of Tonnage, impofed, and payable by this AiS, according
to the Burthen of fuch Ship or other Veflel, by Admeafuremcnt thereof, ii. Man-
ner as before directed, fliall conflfl partly of Lead, Oyfters, Slates, or Paving
Stones, (which are exempted by this Aft from the Payment of Tonnage) and
partly with other Wares and Merchandizes, in refpeft whereof fuch Ship or
VeflTel will be liable to the Payment of the Duties and Tonnage by this Aft
impofed; in every fuch Cafe, there Ihall be a Deduftion made from the
Tonnage of every fuch Ship, or other Veflel, in Proportion to the Quantity of
fuch Lead, Oyfters, Slates, or Paving Stones, contained in every fuch Ship or
other Veflel.
In all Cafes where Skins or Wool fliall be imported, fuch Skins or Wools fliall p. ^84
pay the Rates of Tonnage by Weight only, and not according to the Burthen of
fuch Ship, or other Veflel, by Admeafurement thereof; and where the Lading
fliall confift partly of Skins, or Wool, or both of them, and partly of other
Wares and Merchandizes, in refpeft whereof fuch Ship or Veflel will be liable
to the Payment of the Duties of Tonnage by this Aft impofed, a Deduftion
fliall be made from the Tonnage or Burthen of fuch Ship, or other Veflel, in
Proportion to the Weight of fuch Skins or Wool; and if any Difpute arifes
concerning the true Weight of fuch Skin or Wool, the Importer fliall, at his
own Cofts and Charges, provide proper and convenient Weights, Beams, and
Scales, for weighing the fame.
If the Mafter, or other Perfon, taking Charge of any Sloop, Hoy, &c. carry-
ing Goods from, or to the City of Cbejtcr, or through any Part of the faid new
Channel, in order to be put on board, or difcharged from any Ship or other
Veflel, lying at Park-Gate, Flint, or any other Place within the faid Port of
Chejier, and L^elow the faid new Channel, &c. or carr)'ing any Goods from, or
to the City of Chejier, to, or from any Part of Wales, (hall chufe to pay the
Duty, and Tonnage, according to the Weight and Quantity of the Goods, and
not according to the Burthen of the Sloop, &c. by the Admeafurement thereof;
and fuch Msifter, &c. fliall make fuch Declaration, upon entering of any fuch
Sloop, &c. inwardsor outwards; in fuch Cafe, the Duty and Tonnage mall be
paid according to the Weight of the Goods, and not according to the Burthen
of fuch Sloop, &c. by Adiiieafurcmi^nt thereof.
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In Cafe any DiAnitc lliall arifc bctuxen the t'ollcftor of the Tonage, paynble
by this Aft, and the Muflcr or other I'crfon, having Charge of any Ship, or
other Veird, Aich Colledhr Ihall wcigli, nicaCiirc, or gauge all Goods, Wares,
jr Mtrchaniiizcs, at the Time of the (hipping or unfhipping thereof; and if
fuch Cioods (l»,ill, upon fuch Weighing, Meal'uring, or Gauging, appear to be of
us great, or greater Quantity, than fuch ColkiStor did attirin and infiil the fame
to be, before the Weighing tliercof, &c. the Mafter, &c. taking Charge of the
faid Veflcl, (liall pay the Colls and Charges of fuch Weighing, Mcafuring, ficc.
The feveral Rales af Tonage, payable by this Ad, fhall be paid by the Mafters,
or Owners o'evcrj fuch Ship or Vcrtel, before they rtiall be cleared inwards or
outwards., by any of the t»rticcrsof his Majefty's Curtoms, at the Port o{ Chejicrx
and if any fuch Orticcr (hall clear any Ship, until the Maftcrs produce an Acquit-
tance; or if «iiy Mafter refufe, or ncgleft to pay the (iiid Outy, the Offender
(hall, for every Default, forfeit 20/. to the Company, &c.
The fv'id Colledtors may go on board any Ship, Hoy, &c. to take the Di-
nienfions thereof, aiiil to demand the Duties payable by this Adt} and for Non-
payment thereof, or Rcfulal to let fuch Officer take the Dimenfions, he may
dillrain, and, after ten Days, fell the Diftrefs, &c.
It is provided by the Ad 6 Geo. II. that Nathanid Kindfrley, his Heirs, &c.
fliall make a Wet Dock for the Ships to lie in; and that there fliall be paid to
Nat/jiinit'l Kirtthrlty, &C. for every Ship or Veflei, loaden within the faid Dock,
9</. pir Ton; the faid Duty is hereby altered to td. per Ton, and no more, ficc.
The Term of three Years after complcating the faid Work of Navigation
being expired, and the Truftecs cf the 10,000/. Depofit, have, by Sale of Part
of the iS'o«/i6 .SVrf Annuities (in which the faid 10,000/. wasinvefticd) raifed, and
paid all the Monies that they have been ordered, to be paid by ihem, by Virtue
of 6 Geo. II. and tlie Refidt-c of the faid Dcjwlit, which, at prefent, confifts of
7180/. 3 J. id. Old South Sea Annuity Stock, now remains in the Names of the
faid Thomas Ri\hl and John Bland, the Survivors of the faid Truftees CJohn
AfW^' being dead) it is enadted, that they Oiall, on or before the 25th Day of
May, 1744, transfer* to the Company and their Succeflbrs, the faid 7180/. 31. 8</.
remaining in their Hands or Names.
The Tonage Duties, arifmg by this Ad, fliall, at all Times hereafter, be
liable to anfwer the Damages, in the Ad of 6 Geo. II. mentioned, under tho
fame Regulations, and fubjed to be levied and applied to the fame Ufes, as the
Duties of Tonage, impofcd by the faid Ad, (and hereby repealed) were thereby
made fubjed to.
In Cafe the Tonage Duties fliall not be fulTicient to pay fuch Damages, that
tlien all, and fin;^u]ar the White Sands, and all other the Premifes, by the faid
Adtof6 Geo. II. veiled in Nathaniel Kinder ley, &c. and, by the faid fubfequent
Ad of 14 Geo. II. in the faid Company, and their Succeflbrs, are hereby declared
to be lubjcd to the Payment, or Satisfadion for all fuch Damages, as (hall be
directed to be paid, in Purfuance of the faid Ad of 6 Geo. II.
The River being fubjed in dry Seafons to be filled up with Sand, fo that, at a
tncdcrate Spring Tide, it may frequently happen, that there m ly not be fixteen
Feet Water in every Part of the River, until the laid Sands (ha!l be removed, by
the Treflies coming down the River; it is therefore enaded, that, inftead of
fixtcrii Feet Water, at a moderate Spring Tide, the faid Company and their
Succcllbr:; ih.ill at all Times hereafter, maintain the faid River Dee, from the
Sea to ililcox Poinf, that, on the Computation of a moderate ?; 'ring Tide, as
marked on the Standard, tliere (hall be fifteen Feet Water in every Part of the
Channel, for Ships and Vefllls to come and go, to, and from the faid City.
The Mayor, fee. ofiheCity, (hall appoint one proper Perfon, and the Com-
pany another, w liich Pcrfons are hereby conftituted the Supervifors of the Na-
vigatif)n of the l,<iver Dee, and each of them (hall have full Power to found the
faid River, or any Part thereof, for three fucccflive Tides, as often as they (hall
be required lb to do by the faid Mayor, &c. or the faid Company, or the Col-
lectors appointed to receive the Tonage, and if, any fuch Soundings fo made,
the Channel of any Part of the River (hall appear to be choaked up, lo that there
would nut, iit a moderate Sprinsj Tido, (according to the Height marked on
the
Of PORTS, ^c. i6i
tha Standard) be in the Channel of every Part of the River from the Sea to
Wikox Point, fifteen Feet Water; and, in Cafe either of the Supervifors fliall
make an Affidavit thereof in Writing, before any Jufticc of the City or County
of Chtfier, defcribine the particular Parts of the River, which fliall be tc hal-
low. Off. and, if the faid Company lliall, for the Space of four Kalcndar
Months, fuffer the faid River to continue choaked up, fo that, on the Com-
putation of a moderate Spring Tide, as marked on the faid Standard, there fliall
not be fifteen Feet Water in the Channel, tic. as often as the faid Event (hall
happen, the Payment of the Tonage Rates fliall be fufpcnded, and not collcdcd
until the faid Depth of fifteen Feet fliall be regained; from which Time the
Tonage Duties fliall be again revived, and become payable as before, and fo
totits quotiei.
If the Company negledt to cleanfc and deepen the River eight Months after
the faid Term of four Months fliall be expired, fo that, on a Computation of a** ^''''
moderate Spring Tide, Off. there fliall not be fifteen Feet Water in the Cliannel,
tic. the Commiflioncrs impowered by the Aft 6 Gto. II. at a Meeting to be'
held for that Purpofe, of which twenty Days Notice fliall be given in the
London Gazcttee, and by fixing Notice in Writmg on the Caftle Gate oiCiiJlcr,
by Warrant under their Hands, fliall appoint proper Perfons, to enter into
and upon the White Sands, Lands, Gfr. by this or the former Adls vefttd in
the Company, and to take PofTeflion thereof, and receive the Rents and Profits
thereof, and to diftrain for the fame, as they fliall fee Occafion, till tliey have
received fo much Money, as fliall be neceflary to defray the Charges, occafioned
by fuch Diftrefs or Entry refpedlively, fo as fuch Poflcflion, Receipt or Rents,
and Powers of Diftrefs, fliall not extend to avoid any Leafe, which may here- p -qs
after be granted by the Company to any Tenant, at the improved Rent, with- * *
out taking any Fine for the fame, or to compel fuch Tenant to pay any more
than the Arrears of Rent really due; and fo as fuch Poflcflion, Receipt of Rents,
and Power of Diftrefs, fliall continue no longer than until the Depth of fifteen
Feet fliall be regained; and the Money expended in regaining thereof, and the
Charges occafioned by fuch Entry, Poflcflion, and Dillrefs, fliall be' fatisficd,
and the Money fo to be raifcd and received, fliall be employed for thofe refnec-
tive Purjwfes, as the major Part of the faid Commiflioncrs ihall diredl.
Provided, that no fuch Order made by the faid Commiflioncrs fliall be binding,
unlcfs thirteen, at leaft, in Number fliall be prefent at fuch Meeting.
The faid Supervifors fliall (if required) weekly found the River, and fliall
make an Aflidavit in Writing of the Truth of fuch Soundings.
The Supervifors fliall, at the Expence of the Company, on or before the zoth
of Stptem/er, 1744, caufe to be creded in fuch Parts of the River as they fliall
think fit, two or more Piles of Timber, or other durable Materials, to be therein
fixed, fo as the Tops thereof fliall be exadtly level, with the Height of nine
Feet above the Apron of the Ten Gate Sluice, as the fame is marked on the
Standard, which Piles and Standard fliall for ever hereafter be kept in Repair,
and renewed as Occafion fliall require; and, «f any Perfons fliall wilfully damage
or deftroy the fame, they fliall for every fuch Offence forfeit 200/. tic.
Two Ferry-Boats fliall at all Times, after May 2j, 1744, be conftantly kept p $9*.
by the faid Company and their Succeflbrs, at their own Expences, at fuch Parts
of the new Channel, as the Ferry-Boats already appointed have worked at, fince
the making the faid Navigation, with proper and fufficient Attendants, and all
fubftantial and cffedlual Ropes, Tackle, and Ncceflaries proper thereunto, for
the puhlick Ufe and Benefit of all his Majefty's Subjefts, pafling and repa'fling
in thofe Parts; and the Perfons attending fuch Boats fliall ferry over all Paflen-
gers when required, without being paid any Thing for the fame.
The Commiflioners appointed by tlic Adl 6 Geo. II. or any thirteen of them,
at any of their Meetings, may fet out one or more convenient Roads, in any
Places over the Sands, Soil, and Ground, vefted in the Company, lying on the
North Side of the new Channel, within the Extent of the faid Channel, to lead
to and fr»m the faid two Ferries, or either of them, to the faid City of Chefter,
and to the Towns oi Shofwicke ^nA Shough-Hall, in the Hundred of ^or/w?, in
the faid County of Chejicr; and every fuch Road fliall be for ever maintained
and repaired at the Expence of the Company and their Siiccelfors.
T t If
M'
vr-'K
m
fi ■ "
; ' i '■'
ni :.
ii:
i6a 0/ P O R T S, ^Si^f.
F' s')i- If the Cttid Company and tlicir SuccciTors fliJl ncglcilk to nuiiUaia and n^Mr
tlic faid Roads, or to lupply I'uch I' crry-Buats with lutikient Aucndiuit!*, (jft. on
every fuch Ncglcd the laid CommiHioners, im)x>Mrcrcd by the Ad vt'6 (rVo. 11.
may aircfs on the Taid Company fuch rcalunublc IVntilty u thcj (hall thiuk
lit, &c.
The faid Company, ufTcinblcd in a general Court, Oiall have Power to call i*
from their Members, pro(x)rtionally aaordiiig to their rcl'pcittive Shares in the
Capital SttK'k, any further Siima of Money, a* by fuch general Court lhall<
from Time to Time, be judged ncceflary, not exceeding with the Call of Five
per Cent, already made, purluant to the faid former Adt, in the Whole the Sum
of Forty ^(T Cent. And if any Members, &c. who have or ihall be required tu
pay in money upon any Calif, &c. Ihall neglcd to pay their Share of the Money
P' n*- lb called for, at the Time appointed, by Notice in the LomuvM Gaiutte, and on
the Roya/ Exchange in LoaJen, the faid Company may not only Aup the Shano,
Dividend and Profit, which (hall bccrme payable to fuch Members io negleding,
and apply the fame towards Payment of the Share of Money Co called for, till
the fame (hall be latisiiedi but alio may (lop the Transfers, or Allignmcnt» df
the Shares of every fuch Defaulter, with Interell after the Rate u( Kight ptr
Cent, per Ann. for the Money, fo by them omittal to be paid, from the Time
the fame was appointed to be paid, until the Payment tnercof; and that the
Shares and Stock-Shares, and btocki of fuch Defaulters, ihall be liable to make
food the Monies fo ap[x}iiited to he paid, and Interell n<i aforcfaidj and, if the
riiicipal and Intcrcfl (hall be unpaid, by the Space of three Months, then the
Company, &c. (liall have Power to liell and allign fo much of the faid Stock of
fuch Defaulter, as will fatisly the fame, rendering the Overplus (if any be) to
the Proprietors; and the Money (o called for and paid in, (hall be dceinod
Capital Stock, &c. ,
p. 59?- The faid Joint Stock of the faid Company, created and e(labli(bcd, in Put*-
fuance of this and the former Ad. and the Share and Intcred of each particular
Member thereof, (hall be deemed, in all the Courts of Law and Equity, and
elfcv>hcrc, to be a pcrfonal Eflatc to all Intents and Purpofes whatfocvcr, and not
a real Eilatc; and (hall go to the Executors or AdminiArators of the PcrfoBii
dying po/Teffed thcrtof, intereded in, or entitled thereunto, and not to the Heirs
of fucn Perfons; and the Proprietors of the faid Joint Stock, their Executors,
&c. (liall be refpcdivcly entitled to all the Benefits and Advantages by the (irft
recited Ad, verted in "Nathaniel KinAerUy, his Heirs, hue. io Proportion to fhcir
refpcdive Interells in the Joint Stock of the faid Company. n
The Method of afTigning, transferring, and accepting of any Iirtereft, in the
faid Joint Stock, (liall be in the following Forni, viz.
J A. B. in CenfideratioH of paid to me by C. D. <b her^
•• bargain, fell, aj/ign, aid transfer the faid C. D.
in the "Joint Stock rf the Company of Proprietors of the Undertaking for Recivtrvlg
and Preferuing the Navigation of the River Doe, to hoLl to him the faid C. D. Jtit
Executors, Adm'mifirators, and AJfigns, fubje£l to the Rules, Orders, and By-Laws
of the faid Company.
Witnefs my Hand, the -f
Day of
I, tie faid C. D. do hereby accept if the fall •
of the faid foint Stock, fubyEt to the Rules, Orders, and By-Laws of the fiad
Company.
Witnefs tny Hand, the Day and Tear eferefaiijl.
Which Transfer and Acceptance (hall be %ned in the Company's Books, to
be kept for that Purpofej and being witneflod by one Witnels tu the Signing
tliereof, (hall be valid to all Intents and Purpofes.
s. Coo, Nothing in this Ad, or in the Ads of 6 and 1 4 Geo. II. or ehhcr of them con-
tained, (hall extend to hinder or reftrain Sir John Glynne, Bart. Lord of the
Manor of Haviarden in the County q{ flint, hit Heirs, 6cc. or any other Perfons
2 cntitlod
granted
Of PORTS, ^c.
1^3
entitled to right of Common thorcon, from enjoying the Lands, Cioiindi, or
Salt Marllicii, lying on either Side of the Uanks and Forclitnd» of the new
Channel, &e.
The new Channel, tnd the Banks, and Foreland on cacli Side thereof, and
the I'orcland of the Breadth of twenty Feet, next adjoining to the outfuic F<x)t
of the North Bank of the new Channel, and fo much more of the common Salt
Marlhc" next adjoining to the faid twenty Feet Foreland, as will be nccelTary for
making a convenient Ditch or Mound, to fence and fcparate the faid twenty
Feet Foreland from tlic red of the common Salt Mardies, and the fcvcrul Pieces n,6«r
oi' Mar(h Lands, contaitiing three Acres and hve Acres, (hull be for ever here-
after veiled in the Company, Ofc. In Conlideration whereof, and at a Rccom-
pence for fuch f'art of (he Mardi-Lands as are hereby veiled in the Company,
and of all other Damages done to the common Salt Marflies, the faid Conipany
(hall make good and keep in Repair the Forelands and Fences of the new Cut or
Channel, fo as tlureby to prevent the common Salt Marfhes lying within the
Manor or Farilh of UawarJiti, or either Side of the new Cut, from being
dcllroycd or walhed away, by the Flux or Reflux of Water through the faid
new Cut, or through the Clutters or other Inlets running through the MarHies;
and, in Cafe, at any Time hereaficr, the common Salt Marflies, lying on cither
Side of the now Cut, and within the Manor or Farifli of Haviurdcn, or any Fart
thereof, fliall, in any pno Year, be fo far injured or deftroyed, by Rcafon of
the fold Forelands not being kept in Repair, or by Rcafon pf tne faid Navigation,
or any o/Works to be made in I'urfuance of the faid Ait 6 OVo. II. fo that there
fliall be thereby, in any one Year, the Quantity of Fifty Acres or more of Land,
Part of the laitl Salt Nlarflies, deftroyed, irom thenceforth, as often as the faid
Event (hall hapiien, any fifteen or more of the Conuniflloners impowered by the
faid Ad 6 Geo. 11. or their Succcftbrs, who fliall be prcfcnt at any Meeting to be
held for that Purpofc, of which three Months Notice fliall be given in the
London Gazcttci; and by affixing Notice in Writing thereof on the Caftle Gate , g^.
di ChijUr, by Warrant under their Hanils and Seals, to allot fuch Quantity of
the Liuid«> adjoining to the common Salt Marflies, by the former Ads, or one of
them, vcUed in tlic Company, as ihall be equal in V.due to fuch Part of the faid
Marfhes, as lhall have been fo wafhed away, by Way of Recommence for the
lame} the Lands fo to be allotted to lie as near tlie common Silt Marlhcs as
conve4)ieutly may bei whidi Determination of the Cominiflionei lliall be final,
and biuiUixg to all Parties iiitercftcd» u'dcfs tlic Company, or the Lord of the
Maiior of Hawarjcfi, or any Pecfons havins lutcrcft in the faid Marflies, fliall
think thiemiiBlves thex-<;by aggrieved, 9nd fnall make Application to tlie next
Cojirt /of great Sei&on ^r the County of Flint, to have tlic Value of the Lands
dctcrminicd by a Juryj in which Cafe, the Jufliices of the fud Court of great
Sefifon fliall caufe tjlif ''u^e of t^ve Land fo deftroyed, and of the Lands to be
glv^.in lieu thcr^Pif, ,to he f^ale^* afTcfTed, decreed, and afccrtained by the
fame Rules and Methods, by which, by the Ad of 6 Gio, II. they are im-
ppwered and dire^fed to ictUe tlapX)amaxe therein mentioned; and fuch Deter-
mination of the Juftices of the faid great Scflion fljall not he removed, but bind-
if>ri-afld:CpnclufivetuaUJnt''nfsana Furpofes, S^c. and the Lauds fo decreed, in
lieu ipr (u^h Part of thciaid commpu Salt R(Iv(li|es, which fliall, by the Means
aforeiiifi, be deflroye^t fl»all for ever thereafter be tlie Property and Inheritance
of, .f nd te enjpycd ^ tjbf fame Pcribps and their Ht'rs, who were before entitled
to a Rlfht pf*^ Common in the faid ^altMar. esi under the like Limitations, and
with the like Advantage, as they, might L-^c held the faid Marfhes, in Cafe
tliey had not been dcftrpyed; and, according to tlieir refpedive Eftate therein,
difchaygcd from the Rights of Entry andDi^refs, of any other Perfon what- P" ^''+"
focverj but the fapje fhall not avoid any Lcalc, which may be hereafter really
granted by tlie Company, to any Tenant or Occupier of^any Part of the (iiid
Lands, for any Term of Years not exceeding twenty-one, at the improved Rent,
without taking any F'ine, pr to compel fuch Tenant to pay any more than the
Rent jcefcrved onfuc^ Lcafe; and, if the common Salt Marflies, which, by the
Means aforefaid, fliall, in any one Year, be deftroyed, fliall not exceed fifty
Acres, the Conuniffioncrs appointed by the faid Ad of 6 Geo. 11, or any Jury
to
11 :
pi:--
|! '.■■'.■
„.ft
li*!;,- ■
U:
164 0/ P O R T C, ^f.
to be appointed in Purfuancc of the faid Aft, fhall decree what Rccompcnce
fliall be paid by the Company, or their Succeffors, which Rccompence fliall be
paid to tne Lord of the NIanor oi Hawarden, for the Time being, the Reftpr of
the Parifh of Hawarden, for the Time being, and to Thomas Fowls, &c. and
fhall be by them applied for the Ufe of the Lord of the faid Manor, and the
Perfons having a Right of Common in the common Salt Marfties, lying within
the faid Manor of Hawarden, as the faid Commiffioners, Csff. with the Confent
of the Lord of the faid Manor, &c. fliall diredt or appoint; which Damages the
Lord of the faid Manor is hereby impowercd to claim and make out accordingly;
and, if the Company, or the Lord of the Manor, fliall be dilTatisficd with the
Determination of the Commiflioners, they are hereby refpeftively impowered to
apply to the Juftices at the next great Seflions to be held for the County of
F/int, &c.
P 6°S- The Company fliall keep five Ways, of the Breadth of twenty Feet each, and
at the D-flance of one Mile, or thereabouts, from each other, over the Ditch or
Mound which is intended to fence the Bank and Forelands on the North Side of
the River, from the reft of the Salt Marflics, for the Cattle feeding on the Salt
Marflies, on the North Side of the Channel, to go to and from the faid Channel
to Water.
A Survey of the Marfli Lands on the South Part of the new Cut, and of the
Gutters and other Receptacles of Water therein, fliall, on or before Seft. 29,
1 744, be taken by two Surveyors, one to be appointed by the Company, and the
other by the Lord of the Manor of Hawarden, who fliall truly furvey and ad-
meafure the fame, and make an exadl Plan thereof, diftinguifliin^ what Parts
thereof are firm I and, and what are Gutters or wafte Lands; and the Surveyors
fliall, within one Month after Sept. 29, tranfmit an attefted Copy of fuch Plan,
under their Hands, to the Clerk of the Peace of the County of C^2/?tr, to be
kept among the Records of the faid County, to which all Perfons may have
Recourfe, grafts, &c.
p. tnd. If any of the faid Gutters or wafte Lands to be defcribcd in the SurvCT, fliall
hereafter be filled up, and become firm Land and grafled over, it fliall be fet
againft the like Quantity of the Marfli Lands which fliall be walhed away; and
tiie faid Company fliall be obliged to make a Recompence only for the Refidue
of the 'aid Marfli Lands, which may be deftroyed as aforefaid.
Ic ih Ji not be lawful for the Company, or their under Tenants, &c. at any
Time nereafter, to build Cottages on the faid Pieces of Marfli Land, containing
three Acres, and five Acres, or on the Banks or Forelands on either Side of the
ne.v Cut, or on tht Foreland of twenty Feet in Breadth, herein before declared
to be vefted in the Company, without the Licence of the Lord of the Manor
within which the fame fliall lie, firft obtained in Writing under his Hand and
Seal ; and the faid Company, &c. fliall not have any Right of Common on the
faid common Salt Marflies, as appendant to the Soil of the new Cut, or the
Banks or Fordands thereof, &c.
This Aft fliall not extend to p'-ejudice the Proprietors of any Ro}'alties and
Liberties of Fifliing and Fowling upon the River, &c.
p tz7. Nothing herein, or in the faid Adl of 6 Geo. II. contained, fliall extend to
hinder Sir Join Glynne, Owner of the Caftle and Manor of Hawarden, or his
Heirs, from enjoying all fuch Rights and Privileges, Royalties and Jurifdiftions,
as be or his Ancfftors might have done, in Cafe this or the faid former Aft had
never been made, fo that fuch Rights, ^'^c. do not infringe on the Rights and
Powers given the Undertakers by the ; - Aft.
Nothing in this Aft fliall affcft any Right or Property that John Theedam, of
the Inner Temple, London, Gent, his Heirs, (^c. hath or have to the White
Sands, Lands, and Hereditaments in the former Aft of 6 Geo. II. mentioned;
but the laid Right, Cr. fliall remain to him, his Heirs, Gff. for ercr, as if
this Aft had never been made.
No Perfon fliall hang any Net or other Engine in, over, or acrofs the Channel
of the faid River, or fix any Stakes in the fame, or on the Banks thereof, to the
Prejudice of the Channel, or Hindrance of the Navigation.
a Nothing
ftM^fj-ii*^;?:!
Of PORTS, ^c.
«6S
Nothing in this A<fl contained fliall take away or leflen the Powers gii'-^n by the P- '^o*.
faid Aft of 6 Geo. II. to the Commiffioners appointed in Purfuance of che laid
Aft; b'lt that they (hall have the fame Powers and Authorities as they had before
the making this Aft; and all other Claufes and Things in the faid Aft of 6 and
14 Geo. n. which are not hereby repealed or varied, are ratified and confirmed.
All Adlions and Suits at any Time heretofore commenced or profccuted in any P 'o9-
Courts of Law or Equity, between the Mayor and Citizens of the faid City, and
the Company, or between any of the Merchants or Traders of the City, or other
Perfons, and the faid Company, relating to any of the Matters aforefaid, and
depending at the Time of pafling this Aft, fhall immediately ceafe and be difcon-
tinucd ; and no Aftions or Suits lliall be hereafter commenced or carried on by
the Company againft the Mayor and Citizens of the faid City, in refpeft of tiie
Viz or Occu}.ation, or of the Rents and Profits of fuch Part of the Roode, as by
the faid Aft of 6 Geo. II. was vcftcd in Nathaniel Kinderlcy, his Heirs, Gfc. ante-
cedent to the faid 25th Day oi May, I744> or againft any of the Merchants or
Traders of the City of Ckcjter, or any Perfons, on Account of any Sums of Money
due for any of tlie Duties or Tonage made payable by the faid recited Aft of
6 Geo. II. and hereby repealed, as aforefaid, or upon any Security given for the
fame.
All Aftions commenced for any Thing done in Purfuance of this Aft fhall be p 610.
brought within twelve Months after the Faft committed, and laid in the County
where the Cauffof Aftinn fliall arife, Gfr.
This Aft fhall he deemed a publick Aft, ^C.
This Aft recites the former, and confirms an Agreement entered into between 26 G«. ri.
the Company, Sir 'John Glynne, and others, as to Right of Common and other
Affairs; and likewife as to Allowance of a certain Sum of Money to Sir Job n
Glynne, for making a new Bank with one or more Sluices, and to keep the lame
in Repair; and likewife impowers the Company to make a Call not exceeding
20 per Cent, more than was allowed by the lall Aft.
LOYNE or LUNE, and LANCASTER.
The Preamble lets forth. That the Town of Lancajlcr in the County Palatine 23 &«•• n.
oi Lane after, from its great and extenfive Commerce to the Wejl-Indies, and^'^^'"
other foreign Paits, is now become a very conliderable Port, and has, for feme
Time paft, employed and maintained great Numbers of Ships and Mariners, to
the great Advancement of the Revenue, and the Improvement of the Trade and
Navigation of this Kingdom: And that the Navigation of the VJwcxLoyne, (other-
wife called LuneJ is become very difficult and dangerous ; and that the mly
Place near the Town, where Ship; \~An be moored and difcharged, is, by Reafon
1 'M.
i;fm
i
of the Shoals and other Obftruftions in the Soil of the River, become very unfit
and unlafe for that Purpofe, infomuch that many Ships and \'^cflcls ftationed
there have been overfet and damaged: And it is concei'ed to be highly necclTary P'
for the Benefit and Improvement of the faid Navigation, that a Qmiy or Wharf,
with other Conveniencies, fliould be built on the South- Weft Side of the River,
iind that Buoys ihould be placed at the Entrance into, and in other Parts of the
River, and Land-Marks erefted foi direfting of Ships; and that a Place of Safety
Ihould be made for the Harbon/in!^ and Proteftion of the Shipping, near the
Mouth of thi River: And tha; t!;i Rtv. Jan.es Fenton, L.L.D. Vicar of the
Parith Cluinh of Lanca/ier, Js, in Right thereof, feized of divers Parcels of
Land and (;• nnul, which are commodioufly lituated for the Purpofes aforefaid;
and that the Right Rev. Samuel, Lord Bilhopof >7/6(y?fr, the Ordinary, Edward
Marlon, El'q; Patron of ^le '*ulvowfon of the irage of the faid Church, and
t!ic laid "Jdmes Fenton-, the prefent Incumbent, have relpeftivcly agreed, tliat the
faid Parcels of Ground Ihall be difpofed of, for the Purpofes herein after men-
tioned, fubjeft to the Rents, Refervations, and Reftriitlions herein aftf.r c.vprelTcd:
Wherefo:e, for pronn)ting and carrying on a Defign fo beneficial, // is enacted,
that all tliat Parcel of LaniU being Part of a certain Clofe, called the Bridge Fi.id,
bMuMiging to the Church oi Lane after, and containing three Roods and thirty-
two I'erches; and alio that Parcel of Land, being Part of another Clofe, called
tho ILy-Fiild, belonging alio to the faid Church, and containing thirrv-two''
U u Pcrchci;
lie.
1 14
"tv
:5i.
i66
i
J Jl
J64.
0/ PORTS, ^c.
perches J and alto all that Parcel of Laml called the Sumner Pei/lun; belonging
alio to the Ciid Church, and containing about three Acres, tive Roods, and
thirty-two Perches, lituatc and contiguous to the South-Weft Side of the River
Loyiit', with their Rights, Members, and Appurtenances, fliall, from and after
28 ylfin'/, 1750, be \crtcd in Abnibam Raivlinjbn, pyilliam Butt.,Jielil, and yohn
Eo-XiS, Merchants of Li/wtvy/iT, thei-- Heirs, and Aihgns, abfolutely dikhargcd
of all Claims, Gff. from the faid y<;w« i^t'«/o«, and his Succeflbrs, Vicars of the
f.iid Parilh Church, for ever; to the Ufc. and Trulls herein after mentioned, viz.
to the Intent that the Hud James Fmion, and his Succeflbrs, Vicars of the laid
Church, Ihall enjoy out of the fame Prcmifles the aiuuial Rent of 14/. 14^. free
of all Dedudions whatlbever, by four Quarterly Payments, to be made ot May
I, Aiigufl I, November 1, and b'ebruary 1, in every Year, for ever; the firil Pay-
ment to be made on M/y i, 1750. And, if the laid annual Sum ihall be unpaid
for twcntv Days after any of the Times before limited for Payment thereof, the
fiiid Vicar, and his Succeflbrs, may enter and diltrain upon the Premiles, and
make Sale of the Diftrefs, and receive tlie Jilues, till the laid Rent, and all
Arrears, with the Colls and Charges, and all Damages, \,c. iully paid.
The Parcels of Land before mentioned and defcribed Ihall go to the Ul'e of the
faid /Ihraham Raii'linfon, William ButterJieU, and yohn Boices, their Heirs, &c.
in Trull, tlv.it the iame may be employed as a Quay or Wharf, and for liich
other Purpofcs, ai-d under fuch Directions, as are iKrein after prclcribed.
When any of the Trullees, in whom the Lands are vefted, ihall die, the Com-
niii'iioners and Trullees appointed lor other Purpofes of this Ad, are to nomi-
nate another, ^c.
The Commillionersand Trullees appointed for the Purpofes herein after men-
tioned, are to caule tiie Parcels of Ground albrefaid to be divided from the other
Parts of the Vicarage Lands by a good and fuHicient Stone Wall, two Yards
liigh above the Ground, next the Church, to be built with Lirrveand Sand, and
to extend from a Stile, to be in like Manner built and made, at their Expence,
at the End of a Garden Wall, (adjoining to the Town of Lancaller) now
belonging to Mary Mafou, Widow, through and over the Bridge Field
and Hay Field, to the Fence that divides the Hay Field from the Summer
Pa/hire-y and they are to keep up and repair (as often as Occalion requires)
the faid Fence, Wall, and St;ie, and all the Hedges, Ditches, Mounds,
and Fences, feparating the Lands, fettled by this Adl frora the reft of the
Vicarage Lands, iu as to prevent any Trefpalles or Damages to be done to the
fiid Vicar or his Succeflbrs; and they arc alio to caule a fuflicient watering Place,
or Rcfervoir of Water, to be made in fuch convenient Part in the laid Bridge
Field, (not fettled by this Aft) as the faid Javies Fenton Ihall appoint, for
watering the Cattle, dcpalluring in the Vicarage Lands; and, in Cafe of any
Overflow thereof, the Waters are to be turned into the River Loyne, at their
E.vpence, upon Application made to any of tlicm for that Purpofe, fo as to
prevent any Damage to be done to the faid Lands; and, upon their Reftifal
or Ncglcft lb to do, the Vicar and his Succeflbrs may turn off the faid Water or
Watering Place into the River, by fuch Ways, and in fuch Manner, as he (hall
think proper.
The Occupiers of fuch Parts of the Vicarage Lands as are not fettled by this
Aft, fliall have the Liberty of taking Sand all along the Clofe called the Summer
Pajiwe, betwixt the Banks thereof, and tlu; Low-Water Mark in the River
Loyne, in order to cultivate the faid Lands, with free Liberty of Ingrels and
Regrcfs fur that Purpofe; and of driving' their Cattk, depalluring in the Vicarage
Lands, ever tjie Summer Pa/lure, to Water; the Ways for thefe Purpofes to be
appointed by the Commiflioners and Trullees, and by the Vicar; and, upon
their Refullil or Neglcd to comply therewiih, the Vicar may appoint luch
W^ays for the Purpoles above, as he fliall think proper, aiid he and his Tenants
may make Ul'e thereof; an '. the Vicar (until the Diviliun-Wall above defcribed
is built and finilhed) is to have the Herbage of luch Parts of the laid Bridge
Field i\i\d Hay Field, as are above mentioned, and int'nded to be allotted to the
Quiiy, ana no Door-i o: Ways are to be opened thioui;h the Diviflon-Wall or
Fence, without the Licence of the Vicar for the Time being.
Tl
IS
0/ P O R T S, ^c. 167
The M:\yor of Laficq/kr for the Time hcing, Francis Reynolds, Edward Mar-
ton, El'qis. ^c. are appointed Commiirioiicrs and Triiltees for executing the
Powers :uid Piirpofcs of tliis Ad;, until the fird H'cdnejday in M-iy, 1755, G'r. -,
Such Merchants or otlier Perlbns as fliall, in his or their own Right for thcp. 4«'.
Time being, be poireffed of a Sixteenth, or other greater Part of any VclR-l of
the Ihirdcn of fifty Tons or upwards, then adually belonging to tlie Town or
Port of Lancqfter, are impowcrcd to meet at the Lvvchange on the firfl Wcdncjday
\n Mah 1735. and fo on every lirft ^tv/w/ytVrf/ in the fuid Montli, in every thir'd
Year,' for ever, and nominate lixteen fubftantial Inhabitants of the Town, to be
joined v/ith the Mayor for the Time being, to be Commiliioners and Truftees
for building a Qu,iy ui' Wiiarf, with all other nccelfary Works and Conveniences
upon the Premillcs fettled by this Ad, and for letting or otherwife difpoling of
the lame fur the Advantage of the faid Navigation; and for making Places of
Security by credting Piers or Moles at the Mouth of the River for the Prefer-
vation of tlie Shipping, and for doing all Matters and Things which they Ihall
think rciiuifitc for improving the Navigation of the laid River Loync, and for
the other Purpofes of tiiis Adt.
From and after the 30th of April, 1750, there fliall be paid unto the Com- p. z'^;.
millioners and Truttees, or their Coiledors, for the Term of twenty-one
Years, for every Velfel coming into, or going out of the River Loync, between
Lanca/ler Bridge and the Perc/j at Cockcrfand Abbey, (Ships of War, and other
Veflels in his^Majclly's Service, and Ships driven in by Strefs of Weather, and
notladin:^ or un.uding within the Port, and Ships laden with Coal or other Fuel
only excepted) the leveral Duties of Tonage following, viz.
For every Ship or Veflel coming into, or going out of the Port of Lancajier, p. i-s.
and tradinir to or from any Port or Place in Europe, within the Strci?bt^ or „ A': ■'^- T'"
• ^1 '^ o ■ ^j ■ ^ ■ r> I I .■ r,^ - Realm of ihis
Mcdr inmean S,(i, or tn AJr/a/, Anierua, ov Uree/tlancl, is. tor every Ion of,,jv.nccd
(lie liurthcn of llicll Ship. Number is
f'or every Ship or Veflel coming into, or going out of, the laid Port, and J|^, p',"/,'^'!,
trading to or from any foreign Port or Place in Europe, (except Ireland, the Sui. 'ricaiiet
IJle of jX'uin, and the Streights, ox Mediterranean Hen j Hd. for every Ton of the ''" '^■'"
Burthen i>f fuch Ship.
For every Ship, Vcflel, Bark, or Lighter, coming into, or going out of the
faid Port, and trading to or from any Port or Place in Gnat Britain, fituate
South oi' Holy- Head, or TSorth of the Mull of Galloway, (td. for every Ton of the
Burthen of inch Sliipor Velfel.
For every Ship, Veifel, Bark, or Lighter, con^mg into, or going out of the
faid Port, and trading to or from any Port or Place in Ireland, or the IJle of Man,
j^d. for every Ton ot the Burthen of fuch Ship or Velfel.
For every Sliip, Vcflel, Bark, or Lighter, coming into, or going out of the
faid Port, and trading to or from any Port or Place in Great hritaui. North of
lhl\l.'i\id, or South of thz Mull of Galloway, zd. for every Ton of the Burthen
of liich Ship or Veflel.
And for every Ship, Vcflel, Bark, or Lighter, coming in Ballafl: into the
fail! River Eoyne, and not lading or unlading within the laid Port, for every Ton
uiic fourth Part of the Rates charged on any Ship or Veflel of the fame Burthen.
'J i»e Duties are to be paid at luch Time and Place as the Comniiflioners nnd
'('■•uilee.') flial) ippoint; but no Vcflel is liable to pay the Duties inwards and
outwards for th<; (mic Voyage.
Ail Vcflel.s fubjed to the Payment of the faid Duties, are to be meafured P^'"'^*
according to the Rules of Admeafuremcnt laid down in the Ad of 6 Geo. \.
intitlcd, jln AH for prr.enting Frauds and Ahufes in the puhlick Revenues of
Exiife, Cujionis, &c. and the Duties of Tonnage are to be computed accordingly.
After the Expiration of the Term of twenty-one Years, one Moiety of the
fail! Duties is to ceal'e, and the other Moiety is to be continir.d, and p.iid in
the Manner aforefaid, for keeping the C^iray and other Works in Repair.
No Oriicer of the Cidhmis of the Port of Lancajier llrall clear any Veflel until p. •.d-j.
tlie .M.<rtcr produces a Certihcate of the Payment of the Duties of this Adf, li^c.
The Commiflioncrs and Truftees are impowercd to make By-L.iws, £>'c. and
to coiurr.d bonafde for building the Qu^iy, ^c.
The
■ ■mi
, J:; *.;:•! J
1- %'•''■■
f.:>'
t .-«r
Mr ■
P. i
P 43'-
i68 0/ PORTS, &>c.
The CommilTioncrs, Gff. are impowered to borrow a Sum not exceeding
2000/. on the Duties, at 5 per Cent, per Ann. wherewitli to maiie the new
intendet' Quay, &l:
The Collcdors are impowered to go on board any Vcflcl to mealure her, and
demand the Duties, ana inr Nonpayment, &c. may diftrain, and, after ten
Days, fell the Diitrefs, i?r.
p 27J. All Perfons who fliall have any Bufinefs to tranfail upon the faid Quay or Wharf,
in the mercantile Way, or otherwife, and for tht Benefit of loading and unload-
ing VefTels on the Sou.h Weft Side of the River Loyne, may pafs and repafs
freely through the Cuftomhoufc Yard with Carriages, and otherwife, to and
from the faid Qujiy, as need fliall require.
The Coinmiiiioners, £ff. for the Unloading any Veflel that may com.-i on
Ground on tlie licalc Ford, or on the Shoals thereabouts, may open a Road out
of the Summer Pajlttre aforefaid, over Lancajier March, over wnich all Perfons
^ in " 2 I'nercantilc Way may pafs and repd's with Carriages, as Occalion fliall
require, to and frcjni the Quay at Lancajicr.
; i;3. The Conuiiiliioncrs, &c. may agree for the Purchafc of the Weigh- houfe,
ftanding in the Cuflomhoufe Yard, with the Appurtenances; and ufe the Site
and Soil thLMCof, for the making the new Qu;iy aforefaid, and difpofe of the
Materials for fuch Purpofes as they fliall think rcquilite.
The Conuiiiliioncrs, &c. may contrail for the Purchafe of any Lands, Tene-
ments, and Hereditaments, which iliall be aiijudged neceflary and convenient
for tjie Purpofes aforelaid, ^c. And this Act ihall be deemed a publick
Ad, ^c.
SOUTHWOULD.
The Preamble fcts forth, that there had been, for Time immemorial, a Sea
Port or Harbour for Shipping at So'tthwoulJ, in the County oi Suffolk, which is
fituatcd very conveniently, not only for the Prcfervation of Veflels nav'^ating in
the Britiih Seas, but alio for the Importation and Exportation of niawy ufeful
Commodities, and for the Benefit of Trade in generalj but that the Road lying
before the faid Port is <b obllrufted with Sand, as to prevent loaded Veflels
(except fuch as are of a very fmall P "len) from pafllng into or out of the
Harbour; to the End therefore the faid Hiroour may be opened, and made
commodious for Shipping, and be of publick Utility to the Trade and Com-
merce of this Kingdom, // is enaBed, that, from the 25th of March, ij^j,
for the Term of twenty-one Years, and from thence to the End of the then
next Seflion of Parliament, there fliall be paid unto the Commiflioners and
P +;2. Truftces for the Purpofes of this KQ., or to fuch Perfon as fe •. ■ •.r*^hem fliall
appoint, under their Hands and Seals, the Rates and Duties iJiiein .!'\cr-
nientioned, for and towards the Opening, Cleanfing, Scouring, V. u'.iiii/.g;
Depthcning, Repairing, and Improving, ^c. the laid H;- '. lur, v/is.
For every £/;j////j Ship or Velfel, which fliall fail into tiic laid !:» ' our,
and fliall neither load nor unload there, the Sum of id. zq. per Ton, accord-
ing to their light Bills.
For every Chaldron of Coals, Culm, and Cinders, exported or imported,
laid on board of, or landed or difcharged out of, any Englijh Velfel in the Port
of Southn'ould, the Sun: of 1 j.
For every La:l of Wheat, Rye, Barley, Malt, Oats, and other Grain, ex-
ported, or imported, &c. in any Englijh Vcflcl, the Sum of 1 j.
F'or every Ton of Rock Salt, exported or imported, (Sc. in any Englijh Veflel,
the Sum ot i j.
For every Ilogflicad of Wine, Brandy, Rum, or other Spirituous Liquor,
exported or imported, (Sc. in any Englijh N'efl'cl, the Sum of is.
For every Ton <' (. iialk, imported there to be burnt into Lime, for any other
Purpofe than tlui ot :\\x\ nri.jg Land, the Sum of i d.
For every Firkin of iut'.o:, and ' jr every Weigh of Cheefc, exported or
imported, the Sum of i d.
For every Tor 0' G-.cTv' V^ares, and other Gor Is, Wares, and Mer-
chandizes, (Fifli,
?j.t";,
cfr. in any Englul V-fff) fbc'^^u.n "f 1 r. 'a.
:' .d L.'i efe, oi'^y excepted) exported or imported.
For
Of PORTS, ^c.
169
1
wi
', v'l'.f
wM
m-^
-■■^?l
For every Ton of Lead, exported or imported, &c. in any Eng/ijh Vcflel, the
Sum of I s.
For every greater or Icfs Quantity of any of the faid Goods or Merchandizes j... ^jj.
than what are before mentioned, propoi tioniibly to the Prices herein before fet.
For every foreign Vcflcl which fhall fail into the faid Harbour, and (hall not
load or unload there, and for all Goods, Wares, and Merchandizes, which (hall
be exported or imponod, laid on board of, or difcharged from out of, any f"ch
Vefl'el in the faid Port, double the Duties herein before laid.
Which Sums fliall be paid at the landing or fliipping off the faid Commodities,
and, in Default thereof, the Collector of the faid Duties may go on' board and
diftrain fuch Veffel, wiih her Tackle and Furniture, or the Goods, and Mer-
chandizes, or any Pait thereof, and make Sale of the fame, and no Cuftom"
houfe OtHcer (hall clear any Veffel, till the Mifter produces a Certificate of
having paid the Duties, &c.
The Monies collcAed (after dedufting the Expences of obtaining this Adl)
fliall be employed for the Opening, Cleanfmg, Scowering, &c. of the laid
Haven and Harbour, and for opening any Rivers or Creeks for letting in Streams
of Water to drive the Sand or other Obffruftons out of the Harbour, and for P- 4J4-
keeping it open, clear, and in good Repair, and (hall not be diverted to any
otbc;i Ufc, except the Charge of Collefting the fame, which (hall not exceed
6 J. ni the Pound.
In order to raifc Money fuflicient for the fpeedy Clcanfing, &c. the faid
Haven and Harbour, the Majority of the Trullees may mortgage the Profits
iiP-'ing by the Outics, for fuch Sums as they (hall borrow for that Purpofe, &c.
The Bailiffs of the Borough of Southwould, for the Time being, and Sir "John p. 45;.
Rof m Charles Bhis, Sir Robert Kemp, Baronets, 6cc. (hall be Commiffioners
aiid 1 ••>ftecs for the Execution of this Adl.
1!j . Atl (hall be deemed a publick Aft, &c.
BURROWSTOUNNESS.
The Town of Burrowjlounnefs, in the County of Linlithgow in Scotland, is ^^ n
-y well fituated for carrying on foreign and coafting Trade, for the Benefit of p. 439.
Country thereabouts in general, and of the faid Town in particular, there
Iburir- ;• ma'.y Coal and Salt Works very near, but thefe Advantages cannot be
t»r)tii.ned, unlefs the Harbour (which is now in a ruinous Condition) be ffec*
iially repaiiod and made commodious for all fuch Perfons as (liall make ufe of
the fame, v hich will require a very confiderable Sum of Money, and the Town
hath no Re\ enue to anfwcr the Expence thereof, It is therefore enaSled, that, after
the firft Daj of June, 1744, for the Term of twenty-five Years, and to the End
of thc^ then next Seffion of Parliament, there (hall be laid a Duty of two Pennies
Scots, or one fixth Part of a Penny Sterling (over and above the Duty of Excife
payable to his Majefty, &c.) upon every Scots Pint of Ale and Beer, that (hall
be bruwed, brought in, tapped, or fold within the faid Town of Burrow-
founnefi, or the Liberties thereof; and that the faid Duty fliall be made payable
by the B' ewers for Sale, or Sellers of all fuch Ale and Beer, to James Main,
"James Cajlh's, William Muir, &c. who are hereby appointed Truftees for
Deejjening, Rebuilding, and Improving the faid Harbour and Piers, and alfo
for putting in Execution all other the Powers by this Aft given; and the Money
fo to be collcfted, fliall be vefted in the faid Truftees and the Survivors of them j
and (hall be applied to the feveral Purpofes aforcfaid, the reafonable Charges of
pafiing this prefent A<fl being firft dedufted.
Tlic Trullees have a Power to mortgage the Duties for raifing of Money, &c.
ELLENFOOT.
The Preamble fets forth, that the Harbour of Etlenfoot, in the County of»*Gw (j.
Cumberland, though fituated very conveniently for the Coal Trade carried on in ^ "*'
that County, is not, in its prefent Condition, capable of receiving and har-
bouring Vellels fufficient for that Purpofe; but, in Cafe a new Pier and other
Works were erefted, it might be made a proper and futficient Harbour for the
Reception and Safeguard of Veffels navigating in thofeSeas; which would not
X X only
'1 ;>■.„..
.440.
r* ll
170
p. 104.
r
■,y-
p. 205.
f. loS.
p. :c/.
p. 2\,8.
p. jcg.
0/ PORTS, ^i.
only be a Means of extending the faid Coal Trade, but would contribute alfo to
the Increafe of his Majefty's Cuftoms, and the Improvement of Trade and
Navigation in general; but, as a fuHicient Sum of Money cannot be raifed to
defray the Expcnces thereof, without the Aid and Authority of Parliament.
• It is tnaiied, that, from and after the 25th of March, 174.9, during the Term
Sf twenty-one Years, there fhall be paid to the Conimiiiioners and Truftees
herein after named, their CoUeftors or Deputies, viz. Humphrey SinbauJ'f, Efqi
and the Lord of the Manor of ElU'nborwgh for the Time being, Sir Charlts
tfindham, &c. for and towards the Amending, Enlarging, Deenening, and
Cleanfing the faid Harbour, and ereding a Pier, and other proper Works, and
maintaining and repairing the iame, the Rates and Duties following, vix. By
every Proprietor of Coals, his, her, or their principal Servant or Agent, employed
in (hipping any Coals on board any Veffel in the faid Harbour, id. for every 19a
Gallons, to be paid within ten Days after fuch Coals are Ihippcd; and alfo by
every Mafter of any Ship that fliall load or take any Coals on board there, 2 d.
for every 192 Gallons; and, from and after the Expiration oi the faid Term of
twenty-one Years, id. for every 192 Gallons of Coals that fliall be fliipped
there, to be paid by the Mafter of the Vcflcl; the faid refpcdtive Sums of zd.
for twenty-one Years, and i d. afterwards, for fo long Time as the faid Har-
bour, and other Works provided for by this Aft, Ihall be kept up in good
Repair, to be paid by the Mafter of the Veffel upon reiifonable Demand, after
Ihipping the faid Coals, and before fuch Ship goes out of the Harbour, or pro-
ceeds on her V oyage.
From and after the 25th of Mirc^t, 1749, during the Term of twenty-one
Years, the Mafter, ?cc. of any Vcflcl, not taking on board a Lading of Coals,
fliall pay 6 d. per Ton, according to l:ci Tonage, ti»r fuch Ship upon her Arrival
in the laid Harbour, from Great-Britain or InttHd, or the f/le 0/' Man, t' •;
T>nage to be afcert;iined in the Manner dcfcrihed by an Adl of 5 and 6 H^tll.
and Mar. infitled, jIn A£l for gru„itng to thar MaylVu's, fevcral Kates and
Duties upon Tonrge of' Ships ana t'e^eis, and upon Beer, Ate, and other Liquors, for
fecuring certain Recompemes axd Ad'iu'Uagts m the /aid Ait mentioned, Qfr.
Four Pence per luii ih»ll be paiu by the Mafter of every Veffel w'h,
during the Term aforefaid, flioil be driver 'jy Strcfs of W«««her into the Har-
bour ol ZUenfoot, or fliall come there for Security or Prcrcrv«tion, .md fl»all not
txVc in ■> Loading of Coals; and, after the Expirat-on <w the faid Term of
tweiuy-ojc Years, one third Part of the Duties rated upon the Tonagc of Ships,
fliall be paid 11 Manner aforefaid, tor fo Icr^ Time a*, the U;irbour and other
Works flia'l be kept in good Repair.
The Monies ret-'ived fliall be applied toward* mending, enlarging, deepen-
ing, and cleanling the l.iid Harbour, and keepin" ihe lame, and the Pier, ,i!)d
other Works, c-ontinually in good Repair; and ^all not bo- employed to any
other L"fe, G'f.
If the Duties payable by the F.oprietors, who fliall fliip any Coals aboard any
Veffels at Kllenfoot, fliall not be paid within ten Days after fliipping thereof, the
CoUcdlor, Wy Warrant from two or more Commillioners, may diftrwn all fuch
Co.ds, &«.. and fdl them in three Days, deduftiug the Duties, ^c.
Lf the Colledior and the Mafter of any Vefltrl, charged with the faid Duties,
cannot agree about and adjuft he Tonage, the Colledlor may, at dl Time< con-
venient and feafonable, enter into and admeafure fuch Ship, according to the
Diredions of the \&. referred to, which Admeafur? inenl fliall be the Rule to
charge the Veffel then and at all Times afterwards; and if nny MalWr, taking
in Coals as aforefaid, fl;all not, upon reaionable Demand, pay the Durv; and if
any Mailer of a Veffel, chargeable according to the Tonage thereof, fliall not,
upon like Demand, after the faid Tonage is agreed unto or alcertaincd, p.iy the
Duty, the Collcdlor m.n oiftrain any Tackle, Apparel, or Furniture, in upon,
or l)elonging to, fuch VelKl, and Icll the fame within tlirec Days, deilading
the Duties, and Charges, &c.
No Officer whatfoever of his Maje'fty's Cuftoms fliall clear any Veflel, until
tht -Mafter produces a Certificate of having pajd the Duties, &c.
The
my
the
;on-
the
e to
d It'
not,
the
pon,
linj;
until
Of PORTS, ^ic.
ift
III.
The CommifTioners, or fevcn oi them, inay contraft with any Workmen, &c. P-
hna fide, for doing all other Part of the Work, and are impowered to appoint
the Place for building the Pier, and enlarging the Harbour, upon fuch Ground
adjoining to the River Ellen, on the South Weft Side nigh T^llenfoot, as they fhalt
think moft convenient and neceflary, &c.
For the more fpeedy tomplcating the faid Works, the Commiflioncrs, or
fcven of them, are impowered to borrow at 5 per Cent. Intercft, any Sum not
exceeding 2000/. Sterling, and to affign over the Duties by Indenture, under
the Hands and Seals of nine of them, as n Security for Repayment of the
Principal and Intereft.
The Money fo borrowed (hall be applied by the Commiflloners, in the firft
Place, for difcharging fo much of the ExjKrnce! attending the obtaining and
palling this Ai't, as the Money fubfcribetl and to be paid for obtaining an Adt
for the amending and repairing the faid Pier and flarbour, (hall be deficient; p. 2,,.
and afterwards for the enlarging, e.-fding, and repairing, Sec. the faid Pier and
Harbour of £//t,v/itf/.
If the Duties of id. for every 192 Gallons of Coals, to be paid by the i*ro-»
prietors, and by the Mafters of Ships, and alfo the Duties upon Tonagc, rcfpet-
tively granted for twenty-one Years, (bai! raife the principal Money and Intereft
provided for, and to be borrowed on the Credit of this Ait, and alfo the Charges
of coUedling the faid Duties, before the End of the Term of twenty-one Years,
then the faid feveral Duties fliall ceafe, and from thenceforth, or from the Ex-
piration of the faid Term of twenty-one Years, which fhall firft happen, only
the Duty of i d. for every 192 Gallons of Coals, as aforefaid, and one third Part
of the Duties on Tonage, (hall continue as aforementioned, to be applied for
repairing, cleanfing, and maintaining the faid Pier and Harbour, &c.
WAYMOUTH tfWMELCOMBE REGIS.
The Preamble fets forth, that the Mayor, Aldermen, BurgefTes and Com-j,f;,c,
monalty of the Borough and Town of ^dywcw^iA and Melcombe Regis, in the;. <t9j.
County of Dorfet, have, for Time immemorial, received, and been entitled
to receive, petty Cuftoms, or Wharfage Duties, upon the Importation and Ex-
portation of all Goods and Merchandizes into, and out of, the Harbour oi" IVay-
mouth and Melcombe Regis, and alfo Harbour Dues, and Ballall Duty; which
Ibvcral Duties have been conftintly under the Management of the Mayor,
Aldermen, &c. of the faid Town, as Truftces and Managers, and have been „ j^g
applied for repairing the Harbour, Quays, and Wharfs, and other publick
Buildings and Works, within the fsid Borough and Tovrn : And whereas of
late Years feveral Perfons have refufed to pay the faid Duties, and have been
induced thereto, by Means of the great Difficulties, in fupporting by ftri<ft and
legal Evidence, prefcriptiVe Claims and Rights to Duties on each particular
Species of Goods, and the precife Sums payable for the fame; and although the
faid Corporation, in Support of their Right, have brought feveral Adions, and
obtained Verdidts of Damages, by which their Right in general hath been
cftabliftied; yet, by the Expences in carrying on fuch Suits, and the many
Evafions and Refufals of Payment, the Fund for the repairing the faid Harbour,
Quays, and Wharfs, and other publick Buildings and Worlcs, hath been con-
liderably Icllened; and the faid Wharfs, &c. will be entirely deftioyed, if not
timely prevented : For Remedy whereof, It is enaSied, that, from and after the
24th of J*;///!', 1749, the refpedive Rates, Duties and Cuftoms, enumerated in
the Schedules hereunto annexed, fliall be paid by all Perfons whatfocver, on the
Importation and Exportation of all Goods, Wares, Merchandizes, and Com-
modities, into, and out ot, the faid Harbour of H^aymouth and McLombe Regis,
and for all Vclfels coming into the faid Harbour, to the Mayor, Aldermen, 6cc.
of the faid Town and Borough; and no other Rates whatfotvcr, either under
the Denomination of, or under a Claim to, a Whcelage Duty or otherwife; and
the faid Schedules arc to be deemed as Part of this Att; and the faid Corpo-
ration arc impowered to meet, from Time to Time, and to appoint, under
their Hands, a Colledh : of the Rates, a Quay M after, and a Trcaliircr, and
to remove them at Plcalurc; and alio to appgint each of the faid Otficeri Inch a
rgafoiuble
II.
f ,'-:;v
172
p. jot.
m]
p 503.
If-
p- 504.
r j^s-
p. 506.
p- 50;-
Of PORTS, ^c.
reafonable Salary, as they fhall think proper, out of tlic Kates, not cxcccdinij
2s. in the Pound of the Mon y refpeitively received by them.
The faid Magiftrates fliall be anfwerable for the Afti and Receipts of the f.ii J
Officers, and Ihall take Security of each of them, &c.
The CoUcftors and Treafurersfhall keep Books, and the faid Magirtrates (hall
meet yearly, on the Friday next after the 24th of June, between Light and
Twelve in the Forenoon, in the Guild-Hall of the l^own of lyaymouth and
Mekombe Regis, (or oftner if they fhall think fit) and Ihall then fuininon the
fsid Officers, and audit their Accompts, &c.
The Duties and Cuftoms impofcd by this Adl, upon Imj)ortation, may bo
demanded by the faid Magiftrates, their CoUcdtor, &c. either of the refpeilivi;
Proprietors, or from the Keeper of any Warehoufe, wherein the Gooiis (hall be
depofited, upon the firft Landing, or to whom the fame (hall be delivered, or
who fhall take Charge thereof, or (hall carry ctf the fame from the Wharfs or
Quays, at the Eleftion of the Pcrfons authorized to receive the lame ; and alfo
the Duties and Cuftoms upon Exportation of Goods, (except for fuch Stone only
as (hall be taken out ' one Velfel into another in the laid Harbour) may be
demanded from the Wajjgoner, Carter, Carrier, or other Perfoas bringing, or
delivering the fame on board, at the Option of the Receiver of the faid Rates;
and alfo the Duties upon Veilels, coming into the faid Harbour; and for fuch
Stone as fliall be taken out of one Veffel into another in the faid Harbour, may
be demanded of the Mafters, or Perfons having Charge of fuch Ships.
On Nonpayment of the Rates within twenty-four Hours after Demand, the
faid Magiftrates arc impowered to fue for and recover the fame by Adtion of
Debt, Bill, Plaint, or Information, in any of the Courts of Record at
Wejlminfier, &c.
AH '^'^afters of Ve(rels, coming into, or going out of the faid Harbour, (hall,
as fooj. i . conveniently may be, deliver to the Colledtor, at his Requeft, his
Wharfage Bill, or a true Account of all Goods on board, and fliall permit him
to take a Copy thereof, at his own Expcnce, under Penalty of forfeiting 5/.
for every fuch Offence, &c.
The Quay Mafters, for the more commodious Loading and Unloading
Veftels, or taking in, or carting out Ballaft, (hall order all Mafters, and other
Perfons having Charge of any VelTels, lying in the faid Port or Harbour, to
ftation, anchor, and moor the fame, in fuch proper Births, near unto, or ad-
joining the faid Wharfs or Qijays, is they (hall ap|X)int; and if any Mafter of
any VefTel (hall refufe to comply v i h fuch Orders, he fliall forfeit 40J. &c.
As often as any Damage fliall happen to be done to the Bridge, Wharfs, or
Quays, by any Veflil breaking loofe from their Moorings, through Default of
the Mariners, the Mayor, &c. or any three of them, upon the fame being
notified to them upon Oath, fliall detain fuch Veflel till the Damage be afccr-
tained, and adjufted by three indifferent Perfons upon Oath; and, if it (hall
appear to them that the Damage has been done through wilful Default or
Negleft, they (hall liquidate the Sum payable for the fame, and return their
Adjudication, figned by them, unto the Mayor, &c. who fhall thereupon
fummon the Mafter of fuch VelTel, and demand Payment; and, upon Nonpay-
ment thereof, within three Days after Demand, they fliall diftrain the V'efTcI,
and all her Tackle, Apparel and rurniture; and, within three Days after.
Payment not being then made, the Colleftor, or Quay Mafter, by a written
Order from the Mayor, &c. fliall fell the fame, &c.
All the Monies to be raifed by this Ad:, and all Penalties and Forfeitures,
fliall be applied in cleanling, and keeping the Harbour in Order, and for keep-
ing the Bridge, Wharfs, Quays, and other publick Buildings and Works,
within the faid Borough and Town in Repair, as the faid Magiftrates (hall
think requifite.
None ihall be exempted from keeping fuch Wharfs or Quays in Repair, which
they were obliged to, by Tenure or Ulage, Occ. before the making ot this Ad.
iktb Aa (hidl be deemed x publick Act, £cc.
Tkf
K,
Of PORTS, (^c.
7he Jirji Table or Schedule referred t«, vJz. Of Petty Cujioms, Or Wharfage Dutiet,
payihle by Virtue If this A£l.
FOR every Chaldron (Winchefter Mcafurc) of Coals, Culm, Cinders, Grind-
rtoncs, or other Goods, paying Duties to the King by the Chaldron, which
(hall be imported into, and exported from, the faid Harbour of Waymoutb and
Melcombf Regis, 2d.
For every Ton of Tobacco-Pipe Clay, Bufhel Iron, and Stone, (except fuch
Stone, as (hall be taken out of one Veflel into another in the faid Harbour) ^d.
For every Ton of Salt, Plaifter of Paris, Terras, Marble, Lead, Call and
Bar Iron, and all other Goods, paying Duty or Freight by the Ton, td.
For every Load of Fir Timber, -i d.
for every Load of Walnut and Mahogany Timber and Plank, i s.
For every Load of Oak Timber, or other Timber, Trenals, Hoops, or other
converted Timber, /^d.
For every Hundred of Spars and Ufers, 4^/.
For every Hundred of Wainfcot Boards, twelve Feet in Length, and one
Inch thick, and fo in Proportion, i s.
For every Hundred of double Deals, ()d.
For every Hundred of fingle Deals, 6 d.
For every Hundred of Pipe-Stnves, 2d.
For every Hundred of Hog(head-St»vcs, id. 2 y.
For every Hundred of Barrel-Staves, i d.
For every Bufhcl of Clover Seed, 2 q.
For every Quarter of Malt, Barley and Oats, i d.
For every Quarter of Wheat, Peas, Tares, Beans, and all other Grains and
Seeds, id. 2q.
For every Load of Flour or Meal, 10 d.
For every Load of Bran, T^d.
For every Hogfhead of Beer, Cyder, dnd Vinegar, id. 2q,
For every Hog(head of Brandy, Rum, Arrack, and other Spirituous Liquors, 4//.
For every Hogfhcad of Wine, Oil, or other Liquors, 3 d. and fo in Proportion
for larger or fmaller Cafks.
For every Hogfhcad of MolafTes, (containing a Hundred Gallons) and of
Fullers Earth ana Whiting, 6 d.
For every Hog(head of Tobacco, 8 d.
For every Butt of Currants, and every Hog(head of Sugar, and other dry
Goods, I /.
For evei7 Tierce of Sugar, or other dry Goods, 8d.
For every Barrel of Pitch or Tar, i d.
For every Barrel of Groceries, or other Goods, contained in Barrels of twenty
Gallons, 2 d. and for fmaller Cafks, i d.
For every Crate, Hamper, and Chcft of Glais, and fine earthen Ware- and
for every Load of coarfe earthen Ware, 4//.
For every Bundle, Bale, Pack, or Parcel of Linen or Woollen, 2d. per
Hundred Weight, and fo in Proportion for a greater or leflcr Quantity.
For every Hundred Weight of Rice, Logwood, AUum, Shot, Cordage, Hemp,
and Flax, 37.
For every Hundred Weight of Raifins, Prunes, and Figs, id.
For every Hundred Weight of Spices, Hops, Gunpowder, Cotton, Wool,
Cheefe, Butter, Tallow, Colours, Nails, Chains, wrought Leather, wrought
Iron, Braziers, and Pewtcrers Wares, and all other Goods paying Duty or
Freight by the Hundred Weight, 2d.
For every Cheft of Oranges or Lemons, i d.
For every Hundred Feet of paving Stones, ^d.
For every Thoufand of Tiles, Bricks, or Clinkers, and Firkin Staves, 3</.
For every Thoufand of Slats, id. 2q.
For every Grofs of Bottles, either Stone or Glafs, 3</.
For all Goouj not here enumerated, one twelfth Part of what the ufual
Frcigh . is, or (hall hereafter be, from London to the Port of JVaymautb.
Y y The
t75
p. 509,
p. 510.
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0/ P O R T S, ^f.
^i^e- iSivW Ti»(*/<', or Schedule, referred to, viz. of Harbour Dues, and Ballaji
Duties, payable by Virtue cf this A£i, by, or from the Majier of every Ship or
Veff'el, or the Perjon having Charge of the fame.
FOR every Briiijh Ship or Vcilel, not belonging to the Inhabitants of the
laid Borough and Town, which fhall load or unload in the laid Harbour, 2s.
For every fucli Ship or Vcird, which Ihall fail into the laid Harbour, and
nfcither load nor unload tjicre, is. 6d. and (b in Proportion to Parts of Ships or
Vdlcis, not belonging to luth Inhabitants.
For every Ship or VcHcl belonging to Inhabitants of the faid Borough and
Town, which Ihall load or unload in the ("aid Harbour, i s. and fo in Proportion
to Parts of Ships or Veflels belonging to fuch Inli.ibitants.
For every forcigri Ship or Vcffel which ihall fail into the Harbour, and neither
load nor unload there, 3 s.
For every fuch Ship or Vcflil which fiiall load or unload there, i d. per Ton,
according to their Light Bills.
For every Ton of Stone taken out of one Veffel into another in the Harbour,
id. 27.
For every Ton of B-'llaft taken out of one Shipinto another in the Harbour, lod.
For every Ton of Ballaft taken into any Ship from the Qu.ay, orothcrwife, in
tlie Harbour, i .f.
For every Ton of B.illaft, put out of any Ship on the Quay, 4</.
For every Ton of Ballall put out of one Ship into another in the Harbour, 2 d.
I'^or every Ton of Ballail taken on board any foreign Ship or Veffel, either from
tlie Quay, or in the Harbour, is.
For every Ton of Ballall put out of fuch Ship or Veffel, Sd.
RAMSGATE <w</ SANDWICH.
The Preamble fets forth, that frequent Loffes of the Lives and Properties of
his Majefty's Subjedts happen in the Do-wns, for want of a Harbour between the
North and South Forelands, the greated Part of the Ships employed in the Trade
of this Nation being under a Neceflity, at going out ujjon, as well as returning
from, their Voyage, to pafs through the Doivns, and fre^uehtly, by contrary
Winds, being detained there a long Time, during which they (efpccially the
outward-bound Ships) are expofed to violent Storms and dangerous Gales of
Wind, without having any fufticient Harbour to lie in or retreat into, or from
whence they can receive any Affiftance; and, as a Harbour may be made at the
Town oiRawfgate, convenient for the Reception of Ships, of, and under 300 Tons
Burthen, and from whence larger Ships in Diftrefs in the Downs may be fupplied
with Pilots, Anchors, Cables, and other Afliftancc and Neceffanesj and, by
tlie fmtller Ships taking Shelter in this Harbour, the larger Ships may take the
Ancliorage, which, at prefent, is occupied by the fmaller, and by that Meana
their Anchors Will be li^cd in more holding Ground, and the Ships not fo
expofed to the Ocean: For carrying therefore a Work of fuch publick Utility
into Execution, // is enaSied, That the Lord Warden of the Cinque-Ports, and
his Deputy for the Time being; tlic Right Hon. Robert Lord Romney, Andrew
Stone, Efq; the Hon. fames Pelham, F^fq; i£c. (hall be Truftees for the Enlarg-
ing, Building, and Maintaining the Harbour at Ramfgatc, by erecting Piers or
fuch other Works, and doing all other Matters, as five, or more of them, at
their general Meeting, fiiall think rnofl proper for putting in Execution the
Powers of this Ad.
the ftrft Meeting of tlic Truftees ,1iall be on the firft Tmfiiay in July, 1749,
in the QuiMhall of the City oi London; and live or more of them fhall meet,
from Time to Time, at fuch Places as they fli;ill judge moft convenient for car-
rying on and effcdting the Purpofes of this Adt.
Fifteen or more of the Truftees at a publick Meeting (fourteen Days Notice
whereof (hall be given in the London Gazette) fliall fettle the feveral Rates and
Duties herein after mentioned, which fliall commence from and after the loth
oijuly next etifuing, viz.. any Rate or Duty not exceeding 6d. per Ton, to be
paid by every Britijh or foreign Ship, Vi-ifel or Crayer of 20 Tons Burthen or
1 upwards.
j;r-
Of PORTS, ^c.
175
upwanis, and not cxccnling 300 'Ions, for every Loading or DiUharging, or
Ship in Hiillad within tliis Realm, Iron, to, or hy RamJ'gate, or coming into
the Harbour there, not huving a Receipt tcllifying the Payment thereof before,
on that Voyage, towards the Uuilding and Maintaining of /iJ^w/^a/*' Harbour j
and, on every 1 hip above yjo Tons, any Kate not exceeding n ./. for each Ton
of the Burtlien of fuch Sliip (except Ships lo.iden with Coal-, Cirindlloncs,
Puthn-k, Vortland, or other Stones) and on every Chaldron of Coals, or Ton of
Cni ilftones, Furheck, Vortland, or other Stones, a Rate not ex( ceding ■^r/,
And fuch Rates, when fettled by the Trullees, fliall be publilhcd in the Loudon
Gazette, for the Information of all Parties, and (hall bo |)aid to the Curtoiner,
or Collector of the Cudorus or their Deputies, or fuch other PcrfonK ,i; (hall
be appointed by the Trullees to receive the fame, in fuch Port or Pl.u e, whence
fuch Vefl'els or Ships (hall fct forth, or where they (hall arrive before their fail-
ing from futh Port, on their outward-bound Voyage, and before they unload
their Goods on their homeward-bound Voyage; the Tonagc to be al^crtaincd
according to the Rules laid down in the Ad '^ Anna, intitiid, /in Ad for^*tUvirpnlt,
making c com^mient Dock or Bajbn at Livcrjxjole, ^or tie Hecnritjf 0/' 11// Siips ^'- ^ ^*-
trading to or from the Jliid Port oj Liverpoolo.
Foreign Ships palTmg or being detained in the Downs, fliall b;- fulijccl to the r- 'o}-
fame Rates as Ships cleared out, or entered into, any of the Brittj/j Ports, to be
levied and recovered in tlie ("ame Manner as the other Rate impolJd by this Ai\.
Where the Tonagc of any Vcflcl, chargeable with the (aid Rites, cannot
otherwile be fettled and adjulted, the Collector, or fuch Perfon ;is live Trullees
fliall appoint, may enter into, and admeat'ure fuch Ship, according to the Ul-
rcaions of this Adt; and, if my Perfon ihall obflrud the Admeafurement of *
fuch Ship, he fljall forfeit 10/. for everv (Uch Olfence, £sfr.
No Veflel, outward bound, fliall be cleared at the OtHce of the Cuftomsj
nor fliall any Vclfel be allowed to enter at the laid Ortice, on a homcward-bourul
Voyage, in /vard, without Information on Oath, by the Mailer or Owner, of
the Burthen of fuch Veflel, &c. and after Oath made, and Pa ment of the
Duty, and producing an Acquittance for the Receipt thereof, 1 ;ie Mafter or r 804.
Owner (hall be allowed, from the Merchant, for every Ton of Goods loaden on
board fuch Ship on his Account, a like Sum per Ton, as the fame is charged
by this Adt ; and the Cuftomcrs, or other Officers receiving the faid Duties,
fliall keep an Account thereof, &V. to which all Perlons may have free Accel's
at all fealonablc Times ^raiis. And (hall once in every Month, in the Port of
London, and once in every three Months in the Oui-Ports, return and pay over p, goji
the Sums received by them, &c.
If any Ship or Veflel (other than as before excepted) whether Briti/b or
foreign, above 300 Tons, (hall, after the Commencement of this Acl, take
Shelter in the Harbour of Ramjgate, (he (hall pa)- for every Ton a like Rate as
Ships of or under 30a Tons, ajid above 19 Tons tie liable to; Allowance being
made to the Maftcr or Owner for any Rate paid before by him on that Voyage,
by Virtue of this Ad; and fuch Ship (hall ever after be Uable to the fame Rates.
No Coafting Veflel or Fiflierman fliall pay the Rates more than once in one
Year.
The Colledors, &c. may go on board any Veflel, and demand the Duties,
and for Nonpayment may diftrain fuch Vefl'cl, Tackle, ^c. and, in ten Days
after, make Sale thereof, Gfc. p. So5.
If any Mafterofany Veflel (hall elude ihe Payment of faid Duties, the fame
fliall be recovered, as the Fines and Penalties are herein after direded.
Five or more Truftees, and Perlmis employed by them, may remo\e any Ob ■
ftrudlions that may be neceflary to be taken away, for the Enlarging, Building,
and Maintaining the faid Harbour at Ramjgate, or for the better attaining the
Purpofes of this Ad, making Satisfadlion to the Owners of tlie Premifes.
Five or more Trullees may contrad for the making or doing all or any Part
of tlie Work or Bufinefs to be done in compleating the faid Harbour, and for
Timber, Stones, or other Materials, which fliall be ufed therein; and they
may agree with thd Owners and Occupiers of all fuch Buildings, Grounds, or
Ellates, as (hall be nccefl'ary for the Execution of the Purpolcs of this Adt.
All
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p swj. All Bodies Politick or Corporate, whether aggregate or fole, and dll PeofFees
•n Truft, Executors, Adminiftrators, Guardians, or Truftees whatfoever, for, '
or on Behalf of any Inionts, Femes Covert, or Ceftuique Trufts, and all Perfons
feized, pofleffed of, or interefted in any Lands, Tenements, or Hereditaments,
which mall be adjudged neceflary for the Purpofes afurcfaid, are impowered to
agree with the Truftees, or five or more of them, at any of their publick Meet-
ings appointed for the Sale thereof, and to fell and convey the fame; and all
Contra^ and Conveyances, which fliall be fo made for the Purpofes aforefaid,
fliall be valid to all Intentt and Purpofes.
And adl Feoffees in Trufl, Executors, fSc. are indemnified for what they (hall
do by Virtue of this Adj and, if it fliall happen that any Perfon, Body, or Bodies
Politick or Corporate, fliall decline, or refufe to treat, or agree, about the Sale
of the faid Lands and Tenements, five or more Truftees fliall iflue their Warrant
to the Sheriff of the County^ to fummon and return a Jury of twenty-four Perfons,
qualified to be returned for Trials of Ifliie joined in any of the Courts at
p. 80S. ff^eftmrnfier, to appear before them at the Time and Place appointed, and alfo
to return Iflues upon evenr fuch Perfons, the Sum of 40/. wnich fliall be duly
eftreated and levied; and, for Default of a fufficie,it Number of Jurymen
appearing, the Sheriff, or his Deputy, fhall return twelve indifferent Men of the
Standcrs-by, or that can be fpeedily procured, to make up the Jui^, who fliall
view the Lands and Tenements in Queflion, and fhall, upon the'r Oaths (which
Oaths, and alfo proper Oaths to fuch Perfons as fliall be examined as Witncffcs,
five or more of the Truftees fhall adminifter) enquire into the Value thereof,
and affefs fuch Damaees and Recompence of thn fame as they fhall think fitt
and the Truftees fliall give Judgment for the Sums to be affefled by fuch Jury;
which Verdid, and the Determination thereupon pronounced by five or more
Truftees, and the Recompence aiTeffed, (twenty Days Notice at lea.<* in Writing
of the Time and Place f"r their Meeting, being firft given to every Perfon
concerned, or left at his or her Dwelling-Houfe, or ufual Place of Abode, or
p. 809. w**^ f°™^ Tenant or Occupier of ibme Land or Tenements of the Party near
t'x Harbour of Ram/gate^ m Cafe fuch Party cannot be found to be ferved with
fuch Notice) fliall be binding to all Intents and Purpofes, againft all Parties
whatfoever; and the faid Decrees fhall be fet down in V/riting, under the Hands
and Seals of the Truftees, who fhall make the fame, and kept amongft the Re-
cords of '.he Seffions for the County of Kent, and the fame, or Copies thereof,
fhall be admitted as Evidence in all Courts of Law or Epuitv; and, upon Pay-
ment or Tender of fuch Sum to the Parties, at his or their Dwelling-Houfe,
or, if they have none, at the Houfe of fomc Tenant or Occupier of fome
Lands of the Party, near the faid Harbour of Ramfgatt', and, in Cafe of their
Refufal, upon Payment of the faid Sum into die .Hands of fuch Perfo:i as five
Truftees fhall apjxiint, for the \3& of the Parties interefted; it fliall then, and
not before, be lawful for the Truftees, or their Workmen, to make \3k of the
faid Lands as they fhall think requifite for the Purpofes of thfs KQ, and they
are indemnified againft the faid Owners and Occupiers, Gfr.
P j,o, If die Truftees fliall build any Works relating to the faid Harbour, upon any
Lands or Tenements, the Property whereof is not, at, or before fuch Time,
claimed or afcertained; and, iranv Perfon fhall afterwards claim the fame, and
prove his Title thereto, then the Value thereof, before the Works were ereded,
lliall be afcertained by a Jury, in Manner before dire^ed; and, upon Payment
or Tender of the Money that fhall be affeffed, the Property of fuch Perfon in
the faid Lands fhall ceafe, and the fame be vefted in the Truftees.
Fifteen, or more, Truftees may borrow any Sum not exceeding 70,000/.
for th^ Purpofes aforefiud, and affign over the Duties as a Security for Repay-
ment of the fame, with Intereft no' exceeding 5/. per Centum per Annum \ and
the fame fhall be applied towards the Enlarging and Compleating the faid
Harbour, the Charges of pafling this AA to be firft paid,
p. I, I, Any Perfons may advance the Whole, or any Part of the faid Sum of 70,000/.
fur the abfolute Purchafe of Annuities, to be paid for the natural Lives of fuch
Perfons as fhall be nominated by the Contributors at the Time of Payment of
their refpcAi'e Contribution-Monies; the faid Annuities not to exceed the Rate
of
0/ P O R T S, ^c.
^77
of 8/. I ox. per Annum, for every loo/. and to be payable at the Bank of
TLnghmd, or at fuch other Place in London, as fifteen or more of the Truftees
iliail direft, to the Purchafers, their Executors, Adminldrators, or Afligns, at
fuch Times and in fuch Proportions as fhall be agreed upon.
The Kates (hall not be liable to the Payment of the Intercft of any greater
Sum than 50,000/. at any one Time, upon Annuities for Lives.
Que or more Books Hiall be provided and kept by the Truilces, in which fhall
be entered the Names and Places of Abode of^the Purchafeis of any of the faid
Annuities, and of all Perfons by whofe Hands they (hall pay in any Sum upon
this Adt, and alfo of the Perfons for whofe Lives the Annuities Uiall be pur-
chafed, and the Purchafe-Money, and Days of Payment; to which Books the
rcfpedive Purchafcrs and Perfons, impowered by them, (hall have Recourfe, p. Su.
at all fcafonable Times, gratUi ^^^ >f a!>y Doubt arifes, as to the Life of any
Perfon, on which an Annuity (hall be payable, five or more Truftees may
depute any Perfon, before each Payment, to vifit fuch Annuitant; and, if fuch
Perfon (hall be refufed Admittance to the faid Annuitant, at any feafonable
Time, the Annuity (hall from fuch Time ceafe, till the Life of the (aid
Annuitant be proved to five or more Truftees at their publick Meeting, leither
by his or her perfonal Appearance, or by the Oaths oi two credible WitneiTes*
when the faid Annuity, together with the Arrears, (hall be paid.
The faid Annuities (hall be paid out of the Monies arifing by the Duties of
thir Adt; and the Contributors, their Executors, and AfTigns, (hall enjoy the
Annuities, during the natural Lives of the Perfons nominated by them, and
(hall have abfolute and indefeazible Eftatcs therein; and the fame (hall be free
from all Taxes.
The Contributors, or their Afligns, upon Payment of the Confideration-p-Sia-
Money, or any Pait thereof, unto fifteen Truftees, or to fuch Perfon as they
Ihall appoint, (hall have Receipts for the fame; and, upon Payment of the
Purchafe-Money, (hall hare an Order in Parchment for Payment of tlie
Annular, during the natural Liic of the Perfon nominated, in, which Hirll bo
in(ertea, how much the Sum paid by fuch Contributor, together with the othcir
Sums paid in on Annuities before that Time, do nmouiit to, that it may be
known how nearly the faid Sum of 70,000/. is compleat, and when it (hall be
compleated; which Order (hall be made by five or more Truftees at a publick
Meeting, and, after figning thereof, (ball be good in Law>
The Annuitants, or their Aftigns, may, from Time to Time, afTign over ths
faid Annuities, or any Part thereof, and an Satry thereof (hall he.made j[n^/ir,
in a Book to be kept by fuch Perfon as five or more of the- Ti;ufteeS: (hall
appoint for that Purpofe, at the Charge of the Ti-uftees, in fuch Place within
London, as fifteen or more Truftees (hall appoint. , ^, ,, , <
The Rates (hall be chargeable with the Payment of the Annuities, .and, iMpon p- 814.
Default of Payment thereof within forty Days after the Times they (hallbe;
made payable, they (hall veft in the Annui^^pts until the fanK. be paid, with
Intcreft, and the Charges occafioned thereby; and they (hall have the fame
Power, (Sc. of colledUng and levying the faid Duties at t^e Truftees were
jnvefted with. . • .,,, j
The Mone]^ arifinx by Sale of the Annuities fhall be applied, in thq^^rft
Pl.''::e, in paying ofFMonies borrowed at Intere^, as aforefaid, and afterwards
for difcharging me Expences of enlarging and building the faid Harbour.
The Truftcs fhall meet once in every Year, fourteen Days Notice whereof
fhall be given in the London Gazette; and they, or fifteen or more of them, at
fuch Meeting, fiiall examine what Annuities have determined during the pre-
ceding Year, and fhall afcertain the Rates necefTary to be raifed for the fuc-
ceeding Year; and the fame (liall be levied according to the Proportions before;
mentioned, and (hall be advertifed in the London Gazette; but, if tliey (hall
continue the P ates of the fucceeding Year or Years, according to the Proportion
of the former Year, or fhall ncgleft or refufe t,q meet for the Purpofes aforefaid, p s,-.
then the Rates (hall be levied according to the Proportion diredted by the laft
Advertifement in the London Gazette for that Purpofe, which (hall be the Rule
Z z to
1'" '• V aJpJ
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mi
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178
Ml
p.-i>^
p. 117.
p. 819.
p. lie.
f.iti.
Of PORTS, ^c.
to go by> until the ftid Rates (hall be again afeertained and pubK^ed acconlirtg
to uie DireAions of this h&.
As foon as the faid Sum oiyo,oool. IbaH be raifed and paid to the Truftees,
by granting Annuities, and the Intereft of the feveral Annuitants fliall ceafe by
their Dea^s, the Duties granted by this A€t (hall abfolutely ceafe and determine >
and if, sifter the Determinadon of the Annuities, and finiming the faid Harbour,
any Surplus (h Jl remain in the Hands of the Truftees, the fame (hall be paid
into the Chamber of Londuit and an Account thereof laid before the Parliament
at their then next Sitting.
Fifteen or more or the Truftees may appoint Collediors, a Surveyor^
Treafurer, &c. of the Duties* and appoint them Sidaries, and di^kce them at
Pleafure.
They are to take Security for fuch O^een. and meet oact- yeirly to examine
and auoit their Accounts.
The Accounts fo (hited and figned by (hel'nMleea fltaQ^lMlaid, within three
Months after, befere the l^ayor and Court <if AJ d er naen id Lm4m, ami (lich
four as the Court (hall appotet (not b^in^Trofbea) minr fi^mmon^ and examine
upon Oath, every Peribn die^ fhall dunk fiti and, findiiw an]r one guiltr dF
Embezzlement or Mifapplication of the f«ud Money, they fliali impofe on hint
any Fine, not exceeding oouble the Sum embezzled.
The faid Fines (hall be levied by Diftrefs, &r. and. In Defituk of fuch
Diftrcfs, the Offender (hall be committed t6 die common <9oal of the County,
where he (hall liye, until Payment, &c.
If the Truftees (hall ered a Bafon in die 6aA Harbotu-, erenr Veflel, befbre
(he goes into the Gates, (hall take down he^ SvU, fo thkt (Jie may not go
failing in, upon Pain of forfeiting .0/.
If the Ba&n (haH be fo filled with ^ppim, m nottnf idmit. with Safety,
more Veflels, five or more Truftees, or ftiai Vmbotng they fhall appoint, may
remove into the Harbour fuch Ship or Veffid, as he or tho^ (hall nink pr(»>erj
the Mafter, within twenty-four Hours after Notice in Vfiiting ffnn tc mm,
or left on board his Ship for that Purpofe, ne^cAJM to tempve the.£une widiin
a convenient 'Hrae, thofe VelKla to be firfl: ttaotta oQt of tfa^ Bbfon, as (hall
be laid up or aufo^d, or are fiot upon an outwitod or hoinewatd-tbound Voyagei
next, fucn as are Upon an outwtird or homeward-bdond Voyage, but wroch
may, with the leaft banger, be removed^ and He in .the Mi Harbour, that
Ships conung in, and leu capaMe 1^ taking the Oroun(), (nay have the Benefit
of the Bafon; ai)d the fiia Mafter fliaQ jmr die CE^u|[e8 ,of removing fticfa
VefTel, to be leyied and am^ed as the Fine^ and Fenal|iie8 are direSed by
this Aa. ^
If any Mafter, or. other Parfen, Audi obftnift the Repaovd of (fach Ship, he
fhyl^i^it 100/. And if «ny Perfbn, eti3|rfoyed W dke Tnifttees, (hall witfal^
abutt his Audiority of ranamtig fuch Shfes, and (haB'.be juried fo to have
done, by five or more of die Truftee», &c. thqr fhaH* uB|»d(e any Bne on
him, notex^eedipf 100^ (^r.
If any Tmflee fhall ^i or refufe to tSi nine or more of the remaining
Trvftecs n^y appoint odiers. €fc.
The Property of all the Plera, Dbclts, Wharfs, and odier Works 1 and alio
of the Ground whereon fuc!^ Wbrkt (hall be ereAed, as wett aa all fuch Ri^ht
and Property, as now apperta^neA to the fiud I%r or Harbqpr of Ram^ate, (^IT
be vefted in the Truftees, and t|i^« or five, or more of them, may bring.
AOions, and prefer Bill* of' Indiftment, luttnft any Perfi)ns who (hall fttid,
break down, or fpoil any of die Works or Aviterials, or do any Thing whereby
Damage may accrue to tne Works or Harbour; and they may let out, (or 'a.c
beft Rent that can be had* fndl Wharfs, D^ks, or Laods, as are vefted in
them, for any Term not exceediilf fixty Years, the Rent to be applied towards
enlarging and compleating the fan Harbour; and, upon the Expiration of the
faid Trufts, and Determination of the Lcafts-, the Ftoperty of the faid Piers,
Docks, Wharfs, and other Worid* apd^alfe t)f the faid Lands, Tenements, o.-
Hereditaments, (haU be veftod in; andd^xiftdof, by Authority of Parliament.
S
TJic
Of 1» O R t S, ^f. t79
'The trufteei iA the lettine fiich Wharfs^ Docks, or other Works, (hall cx-
pfefsly mention What Sums mail be taken by the refpeoUve Tenants, of the
Maiter of any Veffel which fliall occupy the fame; and, if the Tenant (hall
demand, or take more than the Sum ftipulated; he (hah, for every fuch Offence,
forfeit treble the Sum demanded, more tlian he (bail be allowed to take, by
fuch Agreement, fSc. .
All the Receipts, PaynlentSi Debts, Credits, and Contracts, made withi
uncd by, the Aftificert and Workmen employed, and alfo an Account of all p. Stt.
Mdniek I'eceived and borrowed, and all other Proceedings of the Truftees, (hall
tie entered into oitA or hi6re Books^ fSc.
No ^ruflte (haill hAVe ^ C^cet or Place of Profit ariiing by any of the faid
fibtteS, and the 'truAees (nan, at dl their Meetines, defray their own £x-
tMiii^t tUnd tti^ givi fUcH b\iiMtell Ndtice of thek Meetings, as Ihall be agreed
%^n by <!ve c» mo)-e df th(6^t .
Prtihi and liftel- die ia^^tk^y inju^t 1749, all Duties on Shipping, which
ifkiy fiavb heretofore beeH^efaiahded at the Po under any Pre-
tence iS^hatibevei'r Ihall abfbtutefy ceafej and no Demand ihall be made of any
t>\i^ otRM- fliati ivhit is ndide rabble b^ this A&.
Iliis A& dt^' hot titeaii ibfoti^, with any of the fatd Rates or Duties, any p< lij.
Hhtp oi- Vellel ^hich ihall t^ Bound to or from the Town of SaiuhiicJb, in the
CoUiity of Jtm?, the Maftief producing a Certificate verified upon Oath, under
thi Hand and Smii of tH^ Mayor 6£SatufmcB, attefting that the Inhabiunts of
Ae faTd t* own owh'the Wh^U or migor Part of fuch Veflel i and all fuch Vcflels
tttaV {^ in ancT out of the HarDoiir without Daying Du^.
Out of the Money arifing oy the Rates, the Treafurer or Receiver (hall pay
Sob/, pet^ j4hiiiim, auring the Continuance of this AA, into the Hands of the
Mfayor and Jiirais 6t tatuHncbt oi to fuch PeHbns as they (hall authorize to
Ki^lve the fatee, 1^ four ^diial quarterly Payments, viz. upon September 291
Hkember 2^i, iUrci 2 c, uxiyune %\i tne firft Payment to be made upon the
..^ ,^JK ... ...•».. .^ v;n,,I ..._.... A.. , . - fijftp£cc. iii
on Account P- (if*
.. ^ ^ - *« - . < '. « thereto; and
afterwards in deanfing,' dbptheninx, arid prefervin^ the fiud Haven» or in ereA-
ins^and maintaining.a Pier, oi luin other Works for that Purpofe, as the Mayor
aMT JiirSfs (hllT, by WVi^iif^^dir their Ha^ds and Seals^ dired; and, if the
faid Sum (hall not be paid^winun' fburteen Imjs «{ter it (haU become due, thti
Mayor and Jurats may recover the fifme *g»u>fit die itid Treafurer or Re-
ceiver, togedier with the Damages fuftained by the Nonpayment, and full
Cojfo of Juit-^y Agtipn P^Pjb^jr Bill, ^'^i .
TTm Receiptor the uud MayoK and Jurats, or of fuch Per(bn as they (hall
appoint to receive the faid Sura, (hall diteharge the faid Treafurer or Receiver
for the Payment thereof.
The- faid^Mayior and jvlntipaHi cauTe a Book or Bootis to be kept, of the
t^ales and Sums' or Mohey r^coved and di(burfed, and of all their Proceedings, p. «,j.
in Execution of the Truu hereby repofed in themj to which Books all PerfonI
interefted (hall have free Accefs gratis, &c.
From and after the faid 24th of June, 17491 no more than two Velfels (hall
lie abreaft in the faid Haven longer than one Tide, urilefs upon (bme unavoidable
Occafion, of which the Mayor (hall judee, a|id fiiaO take nich Order therein as ^''7*
he (hall think reafonable; and, if the MalVer of any V^&i (hall not obey fuch
Order ->t the Mayor for removing his Shijp', Hie (hall forfeit any Sum not exceed-
ing ■;' r. ^Jc.
If ii rhall appear to the Truftees, or fifteen of thefn, that it will he for the
Benefit of the Trade and Navigation of this Khigdom, to ere^ any Works at the
Haven of Sandwicb, more than the annual Sum of 200/. will be fufficient for,
they may, at any Meeting to be held for that' Purpofe, (fourteen Days Notice
thereof being given in the London Gazette) order any-Suinrnbt exceeding io,oooA
out of the Duties aforefaid, to be appMed to UMV^!^Purpo&.
All Vcflels belonging to the' Tbwns of" Drover, ^aymouti, and Melcomti
Regit, Lyme Regis, and Qreat Tarmmtb, (hall be exempted from Payment of
th»
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,; '1; : ; a;
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p. Sij.
Of PORT ,S, ^f.
1 3 G,»
P ♦'«•
p. 411.
X^-i:
the Diitii's aforcfaid, the Maders or Owners producing a Certificate, verified
iiporv 0"h belbrc the refpeftive Mayors of the laid Places, that the faid Vcffels
belong i.icrcto, and that the Inhabitants ar.- Owners of tlie greateft Part of fuch
Ships.
This AA (liall be deemed a publicic Adt, ice.
BEVERLEY BECK, and HULL.
II- By 1 3 Gto. I. fevcral fmall Tolls and Duties were laid on diverfe Goods and
Merchandizes, which, after A/<7y i, 1727, fhould be laded or unladed on or
from any Ship, Boat, or other Vcflcl, in any Part of the faid Beck, or at any
publicl( Staiths, or other Places alona; the faid Beck, or River K«//, and payable
to the Mayor, Aldermen, and capital Burgeflcs of Bwi'r/p', and their Succcflbri,
or to the Perfon by them appointed, to be applied for the Purpofcs in the Aft
mentioned) and, fince pamng the fdid Act, a confiderable Sum hath been
borrowed on the Tolls thereby granted; which, though applied with the In-
come of the Tolls and Duties, according to the Diredions of the AA, is infuf-
ficient to anfwer the Intention; and the Beck is now In great Danger of being
choaked, by the Sludge and Soil brought by Tides, and Earth Ailing in froiu
the Banks, which muft be repaired and fupported by Piles and other Worksi
and, as tiic Cleanfing, Heeptmngy and Pre/ervinz the faid Creek, and amending
and maintaining the Banks, Staiths, Roads and Ways, will require more Money
than can be raited by the prefent Duties, which are, in many Relbedts, unequal,
and not duly proportioned to the Value of Goods; therefore, for better enabling
the Mayor, &c. of Beverley, to perform the Things before-mentioned. It u
cna£ied, that, after Mm I, 1745, there (hall be paid for the Purpofes aforefaid,
by every Mafter or other Perton, having Management of any Ship, or other
^ 4U- Veflcl, parting up or down the faid B-ck, or River Hutt, to lade or uiilade
Goods, at any Part of the Beck, or publick Staiths, or at Gravel, or Beci-Eml,
or between Figgam Clow, and Smnmore Clow, on the River Hull, or at any
Places along the faid Beck, or River, within the Limits of Beverley, before
unlading, or having laded, before they go out of the Liberties aforefaid (over
and above the Tolls, payable by the former Aft) thefe additional Duties, viz.
For every Chaldron of Coals, Wincbejler Meafure, %i.
For every Quarter of Oats, Barley, or Malt, iff.
For every Qiurter of Wheat, Rye, Mefsledine, Bieans, Peas, Rapefeed, Hemp«
feed, Linfeed, or any other Kind of Seed or Grain, i y.
For every Hundred Weight of Flour 3^.
For every Hogftiead of Salt \d.
For every Ton of Salt in Bulk a</.
For every 3 Hogfheads of Sugar, Tobacco, Melafles, or other Goods packed
in Hogiheads, 8</.
For every 4 Hogftieads of Wine or Rum, i/. 8</.
For every. Hogfhead of Brandy, or other Spirits, \d.
For every 8 Barrels of Soap, Raifins, Oil, Pitch, Tar, or packed with ether
dry Gbods,' ^d. .
For every But of Currants, %d.
Far every 2 Pipes of iSmyrn^z Raifins %d.
For every 16 Bags of mils 4</.
-' For every Ton of Broilor Lead 8</.
For every 32 Firkins of Butter 4</.
P- 4'4. For every 20 Hundred of Cheefe 7</. ;,
For every Ton of Timber or Stone 2/. ' -j . J .. .,
For every 2 Bags of Hops ,8 </.
For every Quarter of Oatmeal 2f. ; .',7
For every Hundred of Pi^^eftaves id. 2 a. \ .:
For every Dozen of Cinders or Charcoal 2 q.
For every 20 Sheep Skins i q.
For every Quarter of Bark i q.
For every Pack of Wool, or other Goods, i J.
For every 1 2 Dozen of Bottles i d.
For every 4 Bufliels of Roots, or Fruit, iq.
* I For
^
'■iT
Of PORTS, 6?f.
\t\
'W»»«P'»
For every Ton of Hemp* Lime, or FltXj fdi.
For every Quafter of Feme Alhes'K/.
For every fmall Ranlet of Liquor, not exceeding i6 Gtllont; \q. '
. For eve.7 fmall Ca/k or Parcel, not exceeding 112 Poundi, i^. and fo itl
ProfXMtion for a greater or left Quantity or Weight of any df the above men-^
tioncd Goods, . fSc.
And for every Ton of any other Sort of Goods of Ladinn not mentioned^
according to the Cuftom of Water Tonage, \ti. and lb in Proportion for any
greater or lefs Quantity, except Cobbles or Pebbles, fbi* repairing CaufeWayi in
le Town or Liberties.
Which Tolls and Sums Ihall be paid to the Mayof, Aldeilnen, and Capital
Burgefl*es of Beverley, and their Succeflbrs, or to a Peribn by them appointed to
receive them, and, after dedti^ng the necelTary Charges of obtaining this AA,
be applied, with the Duties granted by the former A£t, to pay the Debt, and
dcanfe, and preferve the Beck, and repair and keep up the Banks, Staiths^ and
Roads, and to no other Ufe.
The Powers, Provifbs, Penalties, &e. in the ibmier AA contained, relating p. 415}
to the Tolls thereby granted, and not hereby repealed or altered, fludl be in
Force from May t, 1745, and extend to the additional Tolls, hereby granted^
and to every Perlon whom the fame, or this prefent A6t, may concern:
In Cafe any Perlbni having Management of any Ship or VefTeU pafflng iip
or down the River HuU or £e Beck, laden or unladcnj and who, by the
former Adt, is obliged to give in ft true Account in Writing of the Quantity of
Goods, or Number of Tonst with' which he is laded, (hall give in a falfe
Account thereof, being convicted on Oath before the Mayor, or any tvro '
Jufticesof the faid Tovni, flitlll forftit 20/. &e. and fhall alio pay the Duties
by the faid Adts made jwyable (M all fuch Goods as remain in fuch Veflel,
which he ftiall not have given an Account of, or paid Duty fori but fuch Perfon ^* ^' '
fiull not be fubjeft to the Forfeiture of 20/. unlela his Lading exceed threo
Tons more than he Ihall have given an Account of, or paid Dut^ for.
The Receiver, or ColleAor, «mx)inted by the Mayor, Gfc. of Bever/ey, may
enter into any Ship or Velikiy which fliall pafs up or down thn faid Beck, or
River HuU, within the Liberties aforefaid, and fearch, and take an Account
of the Lading thereof; and, fbrtMlcbVeryofady Goods, Sfct chargeable with
thefe Duties, and the Quantities thereof^ may open, bore» gauge, weigh, and
meafure, any Thing ladra in ftidi Vellel, and tafte Liquor, meafiire Cods,
and weigh or meafure other Goods, finding proper Wa|hts, Meafures, and
Inftniments, for the Purpofes ofbreftid, and miking SatisnAion for any Loft
or Damage done to Goods thereby. And for die like Dilbovery; to tneafurd
and Mark the Portage or Tonage 0/ any Veflfcl, ufually pafllng within die faid
Liberties; and, if any MaAer of foch Veflel, or other rmon, Aiall hinder fuch
ColleAor, or other Perfon, appointed to enter fmeh Vdlel» or to feaKh. or take f^^,f..
an Acconnt of the Lading thereof, or of the Sorts or Qttaiititiet of Goods, by
any Means aforefiud, or to maafhre Or mark thtf Portage^ Sfe. the Mailer or
Pedbn fo offending fhall forfeit loa &c.
Nothing in this A£t fliall take away or lelTen Duties, which, beforO tiiaking
this and the former A£t, wera piqlable fo the Mayor, &lei of Bewriey, at the
River HuU, or Beverley Beck, or otherwifej butthe fame (hall continiie to be
paid on all Sorts of Goods and Merchandizes, as before^
' The Remainder of this Aft is concerning the Roads, and dean^ the Street8«
which, htving no Relation to tlw Sttbjeft I am treating of, is omitted, &r«
KIRKCALDY.
The Town o£ Id'ricaldv is feid to be well fituated for carrying oii i fofeigil ij dn. tt,
Trade, having Coal and Salt Works near adjoining, and that an improved Trade l^- "9-
would be very beneficial both for the Town and Country; but uiefe Advan-<
tages cannot be had, unlefs the Harbour (which is Very ruinous) be I'epaired
and made commodious, which will require a larger Sum than the Revenue of p, ne.
the Town will anfwer. It it therefore enalted, that, tSXnJme i, 1742, for the
Term of twenty-five Years, and to the End of the then next Seilion of Par-<
3 A liament.
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fm.-^^^n
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re« ^ PORT Si tfir.
liament, a Duty dull be paid of (wo Pmntct £(y^A or ««• Omk Part of a Penny
Sterling, (befidei the Duty paid to hit Mi^#Ay> oo every St»H Pint of Beer
or Ale, either hfi W ffj fc brought JP* fjWHr or. (''^^ >■> the Town or Liberties
^k o(t&rHeJ^i the Punr to br p9u|)by th» Breweri <pr Sale, or the Sellers of th^
^^ iaid,ji<if|Uflf?r I* •th* Vtigiftiiitea avid Town Cooocilt or Aich Raceivera aa they
flidl appoint.
Tlw I^fvvofti BaiUf A Md Council, af« appointed TrufWf to repair and keep
in Repair the iaid HwboiuF, and other publick Work*, aa they flioll think
proper, tad to eoiMtr votmt <M dUppw •£ the Money arifing bv the Duty,
p. 111. appoint proper Officen to gauge the Veflels and Worts, which iIm; Brewers fluul
pennit ia the Sm»-himnu u the Offioera of figcciTfl are {permitted.
1^ Trufteet |ic iifipowetcd to nuke Orders and cive Directions for gaueinff,
coU^diiig, and diUpogng of the Money arifing by the Duty ae tfaev (hall think
moft froper for the Purpofea h«>i*by graoftod. and to appoiot CoUeftors. who
Ihall difoore of the oolkoed Moa#y, aa the Majpriiy of the Tnlftces (hall direct,
for repairing and maintaining the Harbour and other piibliofc Works.
p. lit. Proper Books fliaU be kept by Order of the Truftecs, wherein the Particulars
of aU DtfbnrfemcnO fliaV be entered) and once every Year (the firft being thirty
Dayaaftei ihcfaidfirft Day of JTwie, I74*' and fo fucceflivcly every Year) the
Accounts (haU be fair)y dmwn out ^d ftated by the CoUedors, and delivered to
the Majority of ^e Trufties on Qa(h» which Oath any one of the Truftecs has
Power to aominifter.
And, for the nfore .foecdiiy efFe^ng the Puipofea of this AA, the Maiof ity of
Truftecs, by an AA of ^ Town-CounoiL OUQP borrow Money, and affignover
the Dvty as a Seourify to th^Lendm, at coniMnoA InteieA.
Perfons not paying th« Duty w^i^ donvwded, may .h» fuminoned before any
of the Ma^iftrateci and, if they ^jgioltheii appear, or >ay the Duty, anyone
of the iMagiftratcf tnsMf make an Order for the Payment, and, if th^ reinfe to
pay thfee Days afi^r Notice of fuoh Order, iheCoUedora naay have a Wanvae
^ <t). to diftrain;. and, if Payment be not flpwdc ten Di^s after the DiOtefs, they may
fell ijti^lm** aod d«(|u<); foricay^^^ Chaine, (not ejiceodinga fifth Part of
the SaokdiftraiMi fof) leodewg t|feiOn«^Uf to. the Owaerv if any bc,iand
demaodad, ..■■.j hi.: , . i i.i.. . .Vv. .•
, Aoy AAe ^r Becr^hiowght 9>, Of ^d-in^«fi«dT«wn andPtivileoaa. haiing^
not paidlhe Duty* ;ft>»U be fodetitaitt , with tlib Ct«(k, (9e the Ufeof the Tbwn.
(t,^Y Difpate.acife betwfcep .thf Scalers an4 CloUit^FS, the Difference! fliall
fafc de^idoAbylU)^ VrO«i«hi«r&tak«a bj^ thQExcife OOiccps; and the ExcfleOffioera
;^a re()Hired^|0:giM« authentiiBk Copi^ of the iidd Vouchers,: 4nce ia fix Wecks^
tf^iiimopftheTntftwt* prtlMW-^Jplk^rs^^^^ . ^a
p. iM- I. if «•> eoncial M,a»he«ile anyiWon, AJe, or Bmr, to avoid paying the ^dtjtf
t]n^fw^,pmimi>ili>t99fo€f Wy^^ tiyo of thorMagiftlatea fliair forfeit the Vahie
ofHrhatOiiUbriAow^ltlfl/aAdiitw Pound» j^pa^for the Court Gha;igeab. for
ThKiM^ocity .«f!T^AafS«i wiff^^onduk of (bft Ovorfeera after earned^ ma^
farm out the Duty for the beft Price thfy caagfft,. and a^Iy the Money aa <hi»
The Right Hon.y^ EarVq^ 9(H6tfi ^ Righfi Hon. >/»«» Earl df Maretm»
the Right Hw. yme^mff-vl flf Aft^T-W.. ^f-i or any three, are u>poimdd Over-
feers of the Dutv, and Ratjeip^,, <gi\i «>iA4tff«(lu;nM thereof^ and ftiall meet on,
thqfii;ft'j^n/«(/%in 4W^ tJH^jati /&nir«^. andfo facocflilvely on thefirft
iVednffilbym uiugufi ycarhf, aa4s>djotm ^»,.th^, (hail think proper, to exiumno
P- "S* the Difburfements, and tne Application tfiereof: And, if the major Part of the
faid Overfcers prcfent (hall findai^ Miia]^li<klife)^ of the Money, or other Abufe
qf the Puwar« granted by thift ^<^» they n^y^n^M^gc the Offenders, or Em-
bozahprf, to pay the Value ofv^f^t. iseiqboexlie^vitvitb full CoA uid Damagesi
which Scntefico lliall be final; and^ if anjr of tji9'-0vcrreera:ihall die, rcmora,
or cefufe to, ad, any three of the.ct^ftiaiQg Q(|c«liKr( itiay chulc othera ia their
Placet. ' . . !
No Diflrefs, taken by Authority of this AA* <haU any Ways *fk{k the King's
Duty of Excifb; nor (hall any Perfpns bf^iqhargfd.for any Quantity of Wort, if
it ll)<dlappcnr, that the Duty hereby made payable has been once paid.
This
1^* ■ 1-
Of PORTS, ^c, 183
Thii AA fliall bcdaamed t pablkk Ad. and Ihill be Judicially taken Notice P uc.
of, «f<-.
AHSTRUTHER EASTER.
i In tha PiMmblrit i« Aid, that a great Trade hat been carried on in the Town tt on. 11.
of Anfirutber-Eajltr, in the Coynty of Fife in Settkml, particularly of Fifhery, P- *>»•
and niat a Cuftomhoufe hat been ereAed theve for many Yean, on Aoeount of
the Commerce of the faid Town» and that the Harbour thereof is very Afe and
conrenient for Shipa, and efteemed the moft- commodiout in that Part of the
Country! and, it nav'.ng been judged necelTanr, for the Improvement and
Pnefervation of the .aid Harboo^ as aUb for hcilitating the Sailing of Ships >*- >*"*
in and out with more Safety, that a cr^Ti Pier ihould be ereOed, which was
accordingly begun, and feme Progrefs made therein) but, as the compleating
the fame will require a larger Sum than the Revenue of the Town will anfwer.
It is tbcrtfore enaOti, that after Augufi i, I749> for the Term of twenty-five
Years, and to the Biid of the then next Senion of Parliament, a Duty of two
Pennies •S'ro/j, or one fixth Part of a Penny Sterling, (befidcs die Duty payable
to his Majcfty) dioiiM be laid on every &€Mt Pint of Ale or Beer, either brewed,
brought in, tapped, or fold in the Town or Liberties oi Ai^rutktr Emfleri the
Donr to be patia by die Brewers for Sale, or die Seller* of the faid Liauors, to
the Magiftrates and Town-Council, or fuch CoUedors or Receivers as they (hall
appoint : And the faid Magiftrate and Town-Council, and their Succeflors in
Office, for the Time being, are appointed Truftees, to clean, deepen, rebuild,
repair, and icnprove the faid Harbour and Piers, and for executmg all other
Powers given hy thia Mi\ and the Money raifed by the faid Duty (hall be
veiled in the TruAcctk and be applied to the feveral Purpofes aforefaid, the
Charges eaepenckd in pufling thi& KBt being ftrft deduced.
The Tiruflfecii are to appoint proper Oflkets to gauge the Brewers Veflels and p. joi .
Worta, which the Bt%wer» fhail permit, in the fame Manner at the Oflicers of
Excifeiii* pcrmt'tted.
The Trufteee are impowered to make Orders, and give Diredions for Mug-
bg theVeflblt, and colleding and difoofing of the Money arifine by the Duty,
as th<7 Audi think moft proper for the Purpoies hereby granted; and (hall be
pasdr eof the CotleAors appointed, who fliaU difpofe of the colledted Money as
the Majorief at Titles fliall Jitedk, for the Purpofes aforefaid. and to no
ijtherline.
Proper Books fholl be kept, by Order of the Tniftees, wherein tn Acoount of p. 301.
all Receipts and DifouricmeMs fliUl be entered) and alfo for what Ufe the Pay-
ments were mail>e) afid once qvery Year, (vm. widiin thirty Days after the faid
firiU Day fAAugk^, 1749, and fo fucccflively every Year) the Accounts (hall be
tairly drawn ow^, and ftated bv the CoUedorSb and delivered to the Majority di
TruileesionOalkK which Oath any one of the Trufteet is to adminifter.
And for the niok« foeedily effieoing the Purpofes of this Ad, the Maiority of
TroftBca by an /Vift orthe Town^outicil, may bonow Money, and aflign over
the Duty as a Security to the Lenders, at legal, or Lft Intereft, the Charges
thereof to be pa id out of the Dutyt and the Money fo borrowed (hall be applied,
in the fitibPkiDs. to pay off* the Charges ef obtaining this Ad, and then for the
Ponofea-afovefsid. . '
Perlbns not \ taying the Duty when demanded, may be fummoned before any .
of the Mi^iftfaites4 Md, if thty d» not dien appear or pay the Duty, anyone
of the Magiftn ites may makean 'Order for the Payment; and, if they refofe to
par, three Days after Notice qffodi Ord^r, the Colledors, {^Warrant, may
diurain, £sfr.
Any Ale or Beer brought in,' or fold in the faid Town and Privileges, having
not foil paid the Duty, tfiaU be forfeited, with the Cafk, for the Ufe of the
Harbour.
If any Dilates arife between the Sellers and Colledws, touching the Quan-
tity of Wort r Beer chargeible, the Difference fhall be decided by uie Vouoiers
taken by the £ ixcife Officers, ^r.
a If
30J.
- * I s^
J<*4-
r.'/ <
S\W
t84
r j«>i-
U
p. J5I.
p. JJ*.
1 <* "1. #. ".
W t '-f " Hit'. - '
Ji. J. •»» '; f
p jjj-
P-3S4
r-3;j'
0/ PORTS, ey^.
If ftfter ^»!fi{^ I. i749» *"/ Pcrfon (hall coacmI or cmbMiI* my Wort. Ale.
or Beer, fo avoid paying the Duty, the Offender (hall forfeit the Value of what
ii concealed, and tea Pounds Strti, for which Diftrcrs may be made.
The Majority of the Truflcct, with Confent of the Overfeen after named,
may farm out the Duty by Way of oublick Roup, for the beft Price thsy can
get, and apply the Money u thu Aa direct.
Sir J0lm Anfirutber, of jMnUhir, Buonttt Johuttf/hntStr, the younger,
of At^lirutktr, E(qi Sir PbUtp Ai^rutbtrt of MhJkit, Baronet, dc. or anv
three, are appointra Overfeen of the Duty, tfr. and (hall meet on the firft Wtd-
H^liayxn Augu/i, 1 750, at Anfirutbtr Eafttr, and fo fucce(rively on the ia^Wt^fikf
in Aimf/i yearly, (and adjourn at they (hall think proper) to examine the Receipu
and Dilburfemcntr, and the AppUcation thereofi and, if the major Part of the
faid Overfeeri wefent (hall find any Mlfapplication of the Money, or other
Abufe of the Powert granted by thia A£k, they may examine the Party and
Witatffn, and make (uch an Order upon Convi^on u they (hall judge roifon-
ablc, and adjudge the 0£fcndert to pay the Value of what ia embexued, with
Cofts, &c.
No Diftrefs, taken by Authority of this Aa, (hall any Ways tStCt the King's
Duty of Excife.
This Adt (hall be deemed a publick A&, and (hall be judicially taken Notice
of as fuch by all Perfons whatfoever.
K I N G H O R N.
In the Preamble it is faid. That the Harbour of the Town of KinghtrH, in
the Ceunnr of Fiji, has not only been of great Advantage to the (iud Town, but
to the Whole of that Part of the united Kinedom of Qntt Brkam, and thde
Advantages cannot be continued and eftabliihed, unle(s the Harbour (which haa
been forfome Years laft paft, and now is, in a ruinous Condition) be effeduallv
repaired, and made commodious for Shipping, and all fuch Perfons as (haU
make Ule thereof; and as the whole Revenue of the Town, ^plicable towards
the Repairing the faid Harbour, ii not near fufficient to keep the (ame in good
Refnir, // is tberd^e tnoQeJ, that after yimt i, 1740* a Duty of two Pennies
Scottt or one (ixth Part of a Penny Sterling, (be(ides the Duty of Excifc payiJ^e
to his Majc(ly) (hould be laid on every Scot* Pint of Ale and Mer, either bnmwd,
brought in, tapped, or fold in the Town or Liberties of Ain^^orw, &c.
The ProvoA, Bailiffs, and Council, of the Town of Kmgbern, &c. are
appointed Truftees for the re>building, or amending, and keeping the iud
Harbour in Repairi and for coUefiing and difpoiing of the Money aridng by
the faid Duty, and the Majority of them are impowered to appoint Officers to
gauge the Brewers Vcffels, WorU, Ale, and Beer, which tjie Brewers (hall
permit to be done in the fame Manner as the Officers of Excife are permitted.
The Truftees, or a Ma^rity of them, are impowered to moke Orders, and
give Directions for gaugmg the VeJFels, and colleding and difpofing of the
Money ariftng by the Du^. at they (hall think moft proper for the Purpofes
hereby granted} and the (ame ihall be paid to the CnUeoors appointed, vdxo
diall difpo(e of the coUe^rd Money, as the Minority of Truftees (hall diredt, <
towards the Rebuilding or Repairing the Harbour*, and for preferving the fame,
and other publick Works of the Town, (the Charges of paffing tikis A€t being
(irft deduifted) and tO nO other Vk^ , .
Proper Books (hall be kept hv. Order of the Truftees, wherein an Aceount of
all Receipts and Di(burrements (hall be entered, &<> and once every Year, fviz,
within thirty Days, after the £ud i^stS Dty q{ June, 1749, and to fuoceffiyely
every Year) the Accounts (hall be fairly drawn out ind ftated, &c.
And for the more fpeedily effiiait^ the Purpofes of this Ad, the Majoriur.of
Truftees, by an A&. of the Town. Council, to^y borrow Money, and aflign
over the Duty, as a Security to the Lenders, at legal, or lefs Intcreft, the
Charges thereof to be paid out of the Duty; and the Money fo borrowed, (hall
be applied as the Duty arifing by this Adt, for the Purpofes aforefaid.
Perlbns not paying the Duty when demanded, may be (ummoned before any
ef the Magiftrates, who may diftrain for it, and fell the Diftrefs, &c.
t < Any
If-; i»
WW ■
P iV
f ii'l-
Of PORTS, ^i\ 185
Any Ale or Beer brought in, or fold in th« faid Town, (ii. having not <ir{i
paid the Duty, fhall be forfeited.
If any Difpute arife between theColleAora and Sellers, ^c. it (hall be decided
by the Voucnen, taken by the Excife Officera, tff. 5
If, after the ift of "Jutit, 1749, any Perfon (hall conreal or cmbczxle any ' '
Wort, tie. the Offender, upon ConviAion, Ihall forfeit the Value, and ten
Pound* Scots, &c.
The Majority of Truftees may farm out the Duty by Way of publick Roup,
for the beft Price they can get, and apply the Mon^ as this A€t diredts.
JaiH Saint C/air, of Smut Clair, tne Honourable Lieutenant General Jamet
Smut Clair, of Innertid, Rohtrt Fergufin, of Rtatb, tux. Efqn. or any three,
are appointed Overfeers of the Duty, dfr. and (hall meet on the (ird H^txiHij'day
in Attguft, I "J It, at Kmghorn, and 10 fucce(rively on the Aril WtdntfiLiy in Auguji
yearly, to examine the Kccdptt, dc.
No Diftrefs, taken by Authority of thii Aft, fliall any Ways aftcft the King's
Duty of Excife, fSe.
This Adl (hall take Place, and be in Foco from and after the i(l of June,
t749, for thirty-6ne Years, tfnd from thence to the End of the then next ScfTiun
of Parliament.
This Aft (hall be deemed a publick Aft, &e.
•'. N. B. As this laft A£i it, in mariy Parficiiiart, verbatim the fame with the two
*■ ' preceding ones, I have oMretiated it ioherever the Senfe afit would admit, not
^ to troutte my Reader with urmecejfary Repititiont, ejpecialfy where there are too
maty unavoidable oius alreaJyi
..... COLCHESTER /» WIVENIIOE.
By an Aft of 9 and 10 fVill. and Mary, intitlcd. An A£l for cleaning, and^i^"» "•
inakmg fiavigahle, the Channel Jrem the Hithe at Colchefter to Wivenhoe, leveral P '"'•
Dutiea were granted on Goods and Merchandizes, which (hould be brought in,
and to the uid Channel, and landed or (hipped from tVivenhoe, or the New
Hithe in Cokbefter, or between either of the faid Places, for the Term of twenty-
one Years, for the Ufes and Purpofes mentioned in the faid Aft) and feveral
Powers were vefted in the Mayor, Aldermen, A(riftants, and Common Council
of Colchefter only, for appointing Colleftors, (Se. to receive the Duties; which ?■ 380.
Aft, and all the Powers and Authorities thereby given, and one Moiety of the
Duties, (except upon Com and Grain) were, by an Aft of 5 Geo. I. continued
until the I ft oiMay, 17401 and further Power was thereby given to the Mayor
and Commontdty only, for recovering the faid Duties j and by one other Aft of
1 3 Geo. n. intitled, An A^ fir enlarging the Term granted by an AS! faffed the
g and 10 IVill. III. for cleanfing and makine navigable the Channel from the
Hkhe at Colchefter, to Wtvenhoe, and for making the Jaid AH, and another ASi of
5 Geo. I. for enlarging the Term, &c. more effeBuah it is enaftcd, that the
faid two former Afts, together with the additional Powers, granted by the Aft
of \\Geo. II. (hould be in Foffte from the i^ of May, 1740, for ever r and that
the Duty on Sea Coal (hou)d> after the faid ift of May, be id. per Chaldron,
and no more, payable for the Term of forty Years; and by the faid Aft it was
declared, that no other Duty (except the Arrears due under the former Afts)
(hould be raifed upon any other Goods or Merchandizes whatfoever; and the
faid Mayor and Commonahy of Colcheter only, were, by the la(t-mentioited
Aft vefted with farther Power for fueing for the Duties, and the Arrears under
the former Afts: And as a veiy large Lock, which has been erefted feveral Years ^' ^^'"
lince in the Channd, has been found of great Ufe and Service to the Navigation,
and is now in a decaying Condition, and much out of Repair, and the Channel,
in fome Parts, is much choaked up, fo that the Navigation is greatly obitrufted,
which has been occa(ioned principally by there being great Arrears of the Duties,
granted by the recited Afts, for many Years due, and ftill unpaid ; and alfu a
large Sum of Money remaining in the Hands of the Reprefentatives of the late
Receiver General of the Duties, which ought to have been recovered and applied
for repairing the faid Lock, and cleanflngthe Channel; but, as the Power of
the Mayor and Commonalty of Colchefter had ceafed for many Years laft paft,
3 B (in
f hi
,rmrr
'-■ ■ft*''-.'--
.■'.•i'ijt-'-fv-;
■c''-.}.:k^%\
- rv. - ':' :- ".. ■ U,
p.)>J.
Jn
■■it. <!
p. 384.
■^;,.U.*'' ,1-
^-(^^
■;>.«!V;;. '^
it ■ , »■ .
186 0/ PORTS, e^f.
(in vrhofe Name only the faid Dutie* were to be recovered, and Dilchar^ei
given) the faid Dudes and Arrears cannot now be recovered and colledled, tor
Want of Power to give Diicharges Cor the iamct and, there being no other
Fund to rait'c Money tor the I'urpolcs aloreliid, the fame cannot now be done
without further Provifion be made tor it. by Authority of Parhaincntt it it
tbtrtj'urt tHO&td, that tKe fcveral Parcels ol Land levered, and lying between
the prefent Channel, and the Place where the old Channel was. and alio the
prefent Channel, Lock, and Lockhoute, and all the Powers, Matters, and
Things, which, by the three former Ads before-mentioned, were veAed in th«
Mayor, Aldermen, dte. of Cokbtjitr, or the Conuniflioncrs named for aiw of
the Purpofen therein mentioned, (and not hcrcbv altered or varied) Ihall, from
the I ft o( May, 1750, be in Force, and be veiled in the Jufticctof the Peace
f. )ls. of the Eaill Divifion of the County o( M^x, for the Time bang, the Honourable
Richard Sa^'age NaJ/'au, Cbarlei Grm, 6tc. (who are hereby conditutcd Com-
miffionefi for puttins the faid fevenu former Ads, and this AUt, in Execution)
and the Survivors of them, &c. for the Term of thirty Years, and to the End
of the then next Seffion of Parliament, &c.
From and after the ift of Mty, 1750, an additional Duty of 31/. a Chaldron
(hall be paid on Sea Coal, over and above the Duty of 3/ uavable thereon, by
Virtue of the Adt of 13 Geo. IL for the Space of thirty Yean, and no other
Duty (except the Arrears due under the lormer Adts) Ihall be raifed on any
Goods or Merchandizes whatfoever, and the CommifTioners are impowcrcd to
levy and recover the Duty of the faid Adt 1 3 Geo. II. and the additional Duty
hereby granted; together with the Money remaining in the Hands of the
Reprefcntativcs of the late Receiver General of the Duties 1 and alfo all Sums
of Money due from any Perfons on Account of the faid Duties, or Penalties,
Forfeitures, &c.
The Commiflloners, after paying the Expcncei of this Adt, may difpofe of
the Monies, towards the leveral Ufes and Purpofes mentioned by the former Adt,
in fuch Manner as they Ihall think proper.
The Commiflloners, at any of their Meetings may borrow Money, at a lenl
or Icfs Intereft, on the Credit of the Duties, and aflign over the fame (the
Charges thereof to be paid out of the Duties) for any Term during the Con-
tinuance of the laft mentioned, and this Adt, as a Security for Re-payment
thereof; and the faid Money, after Payment of fuch of the Expences of obtain-
ing this Adt, as the Sums before direded to be applied for that Purpofe (hall
be deficient, is to be applied for the lieveral Ules and Purpofes mentioned in the
prefent and former Adts.
Six Days Notice, exclufive of the Days of Notice and Meeting, under the
Hand of tne Clerk to the Commiflloners, is to be fixed upon the Outfide of the
Door of the Moetball, or on the Market- Place of the Town oiCokbefter, of the
Meeting of the Commiflloners to borrow Money on Credit of the Duties.
p. 385. All Mortgages and Afllgnments for Repayment of the Monies fo to be bor-
rowed, are to be entered at length in a Book, to be kept for that Purpofe, by
the Clerk to the Commiflloners, which may be perufed at feafonable Times, by
any Perfons whoaifoever, on Payment of i / only.
The Commiflloners, at any of their Meetings, may place out at Intereft, in
the Names of three or more of them, any Sums which diall not be immediately
neceflary to be applied for the Purpofes before mentioned, upon any real or
parliamentary Securities, or publick Funds, and mav call in and apply the
fame, and the Intereft arifing thereby, from Time to Time, in the Support and
Maintenance of the faid Lock, and cleanfing the Channel, and other Purpofes
aforcfaid.
The' Commiflloners, at any of their Meetings, are impowered to chufe and
appoint one or more CoUedlors or Receivers of the Duties granted by the faid Adt
of 1 3 Geo. II. and by this Adt, who are to give Security to three or more Com-
miHioners, for the Monies that (hail be received by them, and for the faithful
Execution of their Oflite ; and they m.iy alfo appoint a Clerk, and fuch other
Oflicers and Servants, as Ihall be ucudful to be employed about the Premifes;
and
■ ■ t'
4i» .■ • ;
W'H
or
he
nd
Of PORTS, ^c. 187
ind mty remove them, and elcA othcri in their Place, in Cafe u^^ Death, or futh
Removal : and may allow thcni rcalbnabic Salarick out of the Monies to be raifcd. p ji6.
Thirteen Commiflic %X the lead, two of which arc to be Jullices of the
Peace of the EaA Divifk County of EJftXt are to be prcfent at all Meet-
ings, for the Purpofetof pu tint thii, or the former Kt\%, in lOxecutiom and
three Dayi Not^e of every fuch Meeting, exclufive of the Day of Meeting,
under the Hand of the Clerk, it to be fixed upon the Outlide of the Door of the
MictbitO, or on the Market-Place of the Towo of Colibtii&.
Perfona accepting of any Place of Profit, or other 1 ruft relative to the faid
Dutiei, or farming any Key within the Limits of this hi\, arc made capable of
aAinjg as Commiflionert.
The Prefcriptive, or other Rights of the Borough of CtLhtfier, are to continue
and remain the fame, at if this A^ had not been made, in all Things not inter-
fcrins with the Dirediont and due Execution thereof.
An Suits or AAions, to be brought for any Thing done under any of the
former Adts, (hall be commenced witiiin fix Months alter the Commencement
of this A(X\ and, if any AAion or Suit (hall be brought for any Thing that ihall
be done in Purfuance of anv of the faid former Adls, or this prel'. nt \&., (hall
be commenced in fix Months after the Fad committed, and Hull be brouglu in
the County of EJfexi the Defendants may plead the general IlTue, that the ^' '^'' \
fame was done by the Authority of the former Atts, or this A<5t( and if it (b I
appear, or if the Suit be brought in any other County, the ]\xry (hall find for the
Defendants; or if the Plaintiffs become Nonfuit, or difcontinue their Action,
or « VerdiA pafs againft them, or on Demurrer Judgment is given againil them,
the Defendants (hall have treble Cofts, on the Certificate ui the Judge before
whom the Caufe was tried, and (hall have the fame Remedy as Defendants have
for Coftt in other Cafes by Law.
This A£l (hall be deemed a publick Adt, and (hall be judicially taken Notice
of as fuch by all Judges, &c. without fpccially pleading the fame.
WHITEHAVEN.
Whereas the Town oi Whitehaven in the County oi Cumbtrland, is, of late^^m^.
Years, greatly improved in Trade and Shipping, and is yet capable of farther
Improvements therein, to the great Advancement of her Majelly's Revenue, the
Increafe of Shipping and Navigation, and the Benefit of the (aid Inhabitants,
and of the adjacent Country, if the Harbour of the faid Town can be preicrved,
and was enlarged and regulated in a proper Manner: And whereas the Appli-
cation of the accuftomed Duties, befides feveral very confiderable Sums, are
found infu(ficient to defray thesrowing Chargss of mainuining the faid Har-
bour, and of making fuch new Works as are Aill neccflTary for fecuring it:
To the End therefore that fuch Courfe may be for ever eftabli(hed as (hail be
effedlual for the Purpofes aforefaid.
// is enaSled, That all that Prccindt, included within the Limits and Bounds r. 1.
herein after exprelTed, viz. beginning at the Wharf, on the North- Weft End
of Marlborougb-Street, and from thence, in a Line North-Eaft and by North,
till the Middle of Lowt her- Street, open upon it, and from thence in a ftrcight
Line parallel t^the Range of the fame Street, diredtly to the Low- Water Mark,
from thence, by the Low- Water M. -k to the Rock whereon the new Mole is
begun to be erected, and fo along the laid Rocks, by the Low- Water Mark, till
it anfwer the Line of the faid Mole, from tl ence along that Line till it comes up
to the faid Mole, and fo along the fame MAe, till it join upon the old Pier at
the Platform, and from thence, including khe faid Platform, along the new
Wharf, till it meet with the Wharf of the Weft Strand, near the Houle of Mary
/iMfon, Widow, from thence alone the fame Wharf by the Cuftomhoufe Key,
in a ftreight Line to the Weft Side of the Timber- Yard, and fo along the
Wall of the faid Yard, to the North- WefV Corner thereof, and from thence by
the North- Weft Wall of the fame Yard to the Wharf where it began, as the
fame has lately been fet out and bounded, is, and (liall be from henceforth for
ever, the Harbour of H^bitebaven aforefaid, and appropriated to the Lying,
Anchoring, and Mooring of all fuch Ships, Ye(rels, ana Boats, as (hall have
Occaiion,
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Occafion, at any Time or Times hereafter, to make Ufe of the fame, and to
no other Ufc or Purpofc whatfoever. ^. . ^
(• «• No Houfcs, Enclofurcs, or Buildings Mrhatfoever, (hall, at any Time hereafter,
be made nearer the laid Harbour, than is hereafter limited, viz. On the
Weft Strand, nearer than the prffent Houfes, &c. there, on the new Wharf,
between Mrs. AMfon's Hcule, rjid flit North-Eaft Corner ef Htnry Walkers
•Ground-PL t, nearer than the Range of t.ie faid Houfe and Ground, and from
thence to the Iron Oar Stcaths, nearer chart forty-eight Yatds at Henry W^alker's,
drawn to forty Yards, at the faid Steaths; from thetice to the North-Eaft
Corner of the fiid Steaths, .leaffel- than the Eaft Range of the fame, ahd from
thence to thv-^ Anchor-Smith's, nearer than eighteen Yardsj ahd from hence to
the Platform, nearer than the Rsnge of /fri^/f 9 Smithy, and from the Platform
alone the new Mole, to the Elbow of the faid Mole!, nearer than twelve
Yardi;, and from thence to the Low- Water Mark, nearer th?n a Line ftretch-
hip t6 the North-Weft, and along the Cobntcr Mole inteijded to be inade on
i!ic North-Eaft Side of the faid Harbour, ftearei: than the Range of the North-
Eaft Side of Z,iw/*^r-5/>-«/, nor ft-om th(dhce to the Timber- Yard, nearer than
fifteen Yards; but thct all the Spac^ aforeftlii ftiall be left free and open for
the eredling of Pofts for the mooring of JhlpS and Veffels, and for tnc other
Ufes of common Wharfs or Ktys tor the Conveniency of the Shipping in
Repairs or otherwifcj and that nothing Aall be taken Or demanded, for, or
upon, the AccOunis of Wharfage, foi- the tJfe of any of the faid Wharfs or
Keys] nor for Cran.ige thereon, unlcfs ^m^es Ldlef'jer, Efa; or his Heirs,
£<•*£•. and eleven or mare of the Tmftees hefein ?fte' appointed, ihall agree to
ereft or make any Crane or Cranes, or othei: Ettgme, 6n the iaid Wharfs, or
ai.y of thrm, wnich they are hereby impoWfered to do, as they fliali think
convenient, for the better Loading and Unloading of any Goods, in which
Cafe <i reafonable Cranogt, or Rccompence, ftiall be paid jfor the Ufes of the
faid Harbour, by fuch Merdiants, or others, as ftiall be Willing to make Ufc
of the fame, and not otherwife.
Provided, that the faid James Lowtber, his Heirs, G?r. Lords of the Manor
of St. Bees, in the faid County of Cumberland, fliall and may, from Time to
Time, continue the Watch-houfe, and the Blockmaker's Shop, and Store-Room
at the' End of the Pier, and repair or rebuild the fame, andf receive the Rents
and Profits thereof to his and their own Ule.
A fufficient Way, open and free fo*- Carts, and other Carriages, ftiall be left
"along each of the faid Wharfs, and along the faid Pier, ahd through the Wharf
between Henry Walker'% Ground Plot and the Iron Oar Steaths, from the Ground
of the faid James Lowtber behind the fame Wharf, not lefs than three Yards,
next adjoining upon the faid Steaths j anyThihg .n thisAdl contained to the
contrary notwithftanding.
And as it is found necelfary to compleat and finifti the new Mole aforefaid, and
to make a Counter-Mole and Head on the North-Eaft Side of the faid Harbour,
tc ftrengthcn and repair the Pier witfi a new Bulwark and other Works, and to
cleanfe and deepen the faid Harbour j be h farther enaSted, that, in lieu of the
aforefaid accuftomed Duties of Anchorage, which have been 1)^ etofore ufually
paid (all which Duties are hereby wholly and for ever taken away and difcharged)
there Ihall be paid, from aim ^fte"-:; e 25th of March, i/oo, for the Term of
fourteen Years then next cnfuing, the feveral Rates and Duties herein after
mentioned, viz. One Halfpenny fur every Ton, co"-,puting 192 Gallons, JVin-
f/6rt?('rMeafure,to the Ton, for all Coals that (h?ll be delivered to be put on board
any Ship or Veffel in the faid Harbour for Exportation j which Dut,y on Coals
ftiall be paid by the Mafter or other Perfon, who fliall have the Rule or Com-
mand of fuch Ship or Veflcl, after the faid Coals are fo fliipped, and before
fuch Ship or Veffel go out of the faid Harbour, and fliall be difcounted with
the Owner or Proprietor of the faid Coals out of the Price of the fame; and the
faid Mafter, ^c. is hereby impowercd to difcount and detain the faid Duty
accordingly.
f. ». There ftiall be paid, for all Goods and Merchandize, which fliall be imported
and landed or difcharge'l out of any Ship Ci Vciul in the faid Harbour, from
I and
■% '
Of PORTS, ^c.
iOf
and
and after the faid 25th of March, for, and during all the Term aforefaid, tlie
fcveral Rates and Duties fo'liwing, via. For every Hogfhead of Tobacco \ d.
ir^T every Hogfliead of Sugar 6</.jfor ev.Tjr Ton of Wine, Brandy, or other
cxv-ifcablc Liquors, 2/. for every Ton of Hemp or Fhx is. td. for every
Hut.dred of Deals %d. for every Laft of Pitch or Tar id. for every Ton of Iron
ia</. for every Ton ot Raft of oth.f Timber 41/. for every Barrel of Herrings
1 d. for every Pack of L inen, conuining two iiundred Weight, computing 1 12
Pounds to ."he Hundred Weight, 1 1. and proptrtionably for every greater or
lefs Quantity of the fai<i Goods and Merchandizes refpeftively, and for all other
Goods and Merchandizes io imported, zd. in every 20 j. of the Value, as they
fliall be rated anil charged at the Cuftomhoafe; c'l which Sums of Money and
Duties upon Importation (hall be paid by the Merchant, or other Perfon, into
whofe Cuftody or Poffeffion, or by whofe Order, the \M Goods and Mer-
chandize (hall be delivered.
From and after the faid 25»h oi March, for, and during the Term aforefaid, •'■ ?•
every Mafter, SSc. commanding any Ship or Ve(rel, (hall pay for every fuch
Ship or VelTel, upon her Arrival at the laid Port and Harbour from any other
Port or Place in the Kingdoms of Great Britain or Ireland, the Sum of 2d. Per
Ton, and from any Port or Place of her laft Difcharge in Europe, other than
the Kingdoms oi Great Britain or Ireland, the Sum oi ^d. per Tonj and from
any Port or Place of her laft Difcharge in Afia, Africa, or America, the Sum of
8</. per Ton, according to the Tonage of each Ship or VelTel fo arriving there,
the faid Tonage to be admcafured as is defcribed m an A^ the 5th and 6th of
Will, and Mar. intituled. An AH for granting to their Majefiies feveral Rates and
Duties upon Tonage of Ships, &c.
Provided, that for every Ship or VelTel, which, during the Term aforefaid, f. 8.
ihall, by Strefs of Weather, be drove into the faid Harbour of IVbitebaven, or
fliall otherwife come into the fame for Security or Prefervation (the faid Port or
Harbour not being the Port of their Difcharge or Lading) there' (hall be paid
one fourth Part of the aforefaid Duties of Tonage upon Shipping, according to
the Ports or Places from whence they (hall arrive, as aforefaid, rcfpcftively
and no more.
From and after the Expiration of the aforefaid Term of fourteeil Years, one f ^.
third Part of the Rates and Duties herein before charged upon the Tonage of
Ships and VelTels, and no more, (hall for ever continue and be paid in Manner
aforefaid, for the perpetual Repairing, Cleanfing, and Mdnf'ning, of the
faid Harbqur of Whitehaven.
And, for the better coUedling and difpofing of the feveral Sums of Money, r. ,0.
Rates, and Duties, hereby made payable, as well after the Expiration of the
faid Term, as during the Continuance of it, and for the making and ordering of
the Works herein before enumerated, and for the perpetual good Order and
Regulation of the Harbour afore(aid; 6e it enacitu', that the laid James Lowther,
his Heirs and Afligns, Lords of the Manor of St. Bees aforefaid, for the Time
being, or, in his or their Abfence, any Perfons deputed by them, under their
Hands and Seals, and (ix other Perfons to be likewife nominated, appointed,
and changed, from Time to Time, by the faid fames Lowther, his Heirs and
A(rigns aforefaid, under their Hands and Seals, and William Feryes, Clement Ni-
cboljbn, Thomas Lutmdge, Robert Blackhck, Elijha Gal- , &c. Merchantii, until
the firft Friday in the Month cX Augujl, xjxb; and ;f, e-iring that Term, any
of them happen to die or refign, then fuch Perlbn and Perfons, as the greater
Part of the Survivors of them (hall nominate and eleft, during the Relidue of. the
laid Term, and from thenceforth fourteen Perfons to be cholcn, nominated, and
appointed, every three Years, by Ballot, by the Majority of the Inhabitants of
the faid Town of Whitehaven, at the Time of fuch Eledtion, dealing by Way
of Merchandize in the Goods fubjeftcd to the Payments and Duties aforefaid,
or any of them? or bcin| Mafter, or having any Part or Share, not lefs than
one Sixteenth, of any Ship or VelTel then adlually belonging to the Port of
Whitehaven; the firlt Eleftion to be made on the faid firft Friday in Auguji,
1716, aforefaid, at the Courthoufe in the Town of W/6/>f/-aw«j and fo, from
'lime to Time, on every firft Friday of every Month of AuguJ), in every third
3 C Year
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f.14.
f..s.
r. 16.
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f.17.
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Of PORTS, ^c.
I%=-
Year after the i.^d firft Eledlion fucceflively for ever, /W/ be, and are hcrel)/
conftituted and appointed Truflees, for the ordering and directing the Col-
hdlion. Receipt, and Difpofal of the Sums of Money and Duties, which, from
Time to Time, by Virtue of this AA, ihall become due and payable and for
ordering and diredling the Building, and making the Works in this kSi beforo
enumerated, and for deepening, cleanling, and regulating the faid Harbour of
Whitehaven, in fuch Manner as in this Adt is provided.
And to the End the faid Duties and Payments may be duly colleded, levied,
and paid, according to the true Intent and Meaning of this Adt, it is further
enaSied, that it fliall bela.vful for eleven or more of the faid Truftees, tochufe
and appoint fuch Colledtors and Receivers of the Duties and Monies payable by
this Adl, and to difplace them, and appoint others, as they fliall think fit.
Provided, that the faid Truftees take for fuch Collectors, Sff , good and fuf-
ficient Security for the faithful Difcharge of their refoeftive Duties, ^c.
The faid Collcdlors and Receivers Ihall receive for their Pains, in executing
their Offices, fuch Sums as the Truftees fliall think fit, not exceeding, for all
together, izd. in the Pound; and the Truftees are hereby impowered to meet
on the firft Friday in the Month of June, in every Year (or oftner, if they
think fit) at the Courthoufe in H'bitehaven, to audit the faid CoUcdtors, Gff.
Accounts, which, with all their Proceedings relative to the Trufts, fliall be
fairly entered into Books provided for that Purpofe.
All the Sums of Money and Duties, cplleded by Virtue of this Adt, fliall be
applied and difpofcd for the Ufes of the faid Harbour, and in fuch Manner as is
in this Adt diredtcd, and for no other Ufc, Intent, or Purpofe whatfoever, vix.
Eleven or more of the faid Truftetfs fliall, and may, from Time to Time, direft
and order the Making of the aforefaid Works, and the Deepening and Clcanf-
ing of the faid Harbour, in fuch Manner as they fliall think moft neceflary and
conducive to the £nds and Purpofes aibrefaid, according to the true Intent and
Meaning of this Adl; and fliall likewife order and diredl the Fixing and Eredting
of Pofts for Mooring, on the faid Pier and Wharfs, as they Ihall think exj>e-
dient, aid the perpetual Repairi;ig of the faid Pier, Moles, Wharfs, and moor-
ing Pofts, and the Cleanfing and maintaining of the faid Harbour; and fliall
order the Removal of all Annoyances to the faid Harbour and Wharfs, and may
contradt with Workmen; but firft repay the Charges of paffing this Adt, &ct
Provided always, that no other Walls, Enclofures, or Breaft- Works, but
what are diredted in this Adt, be made within the Limits of the faid Harbour,
upon any Pretence whatfoever, without the Confent and Approbation of the
faid James Lowther, his Heirs, &c. and of feventeen, or more, of the reft of
the f^d Truftees for the Time being.
^nd be it further enaSied, that no Ship fliall unload any Ballaft in the faid
Harbour in the Night Time, nor throw any Thing into it, either of Stone,
Rubbifli, Gff. There fliall not be kept any tire, nor any lighted Candle, (ex-
cept in a Lanthorn, or in Cafe of Neceflity) on board any Ship»or Vcftel lying;
in the faid Harbour, under difltrent Penalties, &c. That, if »iiy Ship or Veffe!
fliall, through Mifmanagement or Carelcfnefs, run foul, or bilge upon the Pier,
Moles, or new Wharf, belonging to the faid Harbour, whereby the fame
fliall be any Ways damnified, the Mafter or Ruler of fuch Ship or Veffel fliai! -
with all convenient Speed, up^n Notice, repair the Damages fo fuftained, at
the Charge of fuch Ship or VeflTel, under the Penalty of doubie the Value
thereof, for every fuch Negledt. That, for the natural Securities of the faid
Harbour, no Perfon fliall quarry, take, or carry away any Stones, either below
the High-Water Mark, or from the Baurgh, &c.
Provided neverthelefs, that the faid James Lowther, &c. and any feventeen,
or more, of the reft of the Truftees, may, from Time to Time, as they fliall
fee Occafion to explain or alter, all, or any, the aforefaid Orders, in this Ad^
particularly provided, or the Penalties of the fame; and alfo to fubftitute or
make any farther or other Orders and By-Laws, for the better Government and
Regulation of the faid Harbour, and the Wharfs aforefaid, and under fuch
Penalties, not exceeding 6/. Sd. for any one Offence, as they fhall judge re-
quifite for that Purpofe; and tliat t;cy may alfo, by the like Concurrence, make
any
¥■■■'
f. IS.
19.
£*•.
Of PORT S, ^c,
ahy other Work er Works, in, or about the lUid Harbour, as well foi'
the better preferving, fecuring, cleaning, and deepening the fame, as alfo
for the more convenient docking, repairing, and cleanfing of Ships or fioats, or
for any other Ufes, Improvement, or Accommodation of the faid Harbour, or
of the Shipping therein, as they (hall find ncccffary or expedient; any Thing in
this Aft contained to the contrary hereof notwithftanding.
And for the more efFedually preventing the throwing of Aflics, Qc. into the
Harbour, f.fteen, or more, of the Truftees, with the Confent of the faid "^ antes
Lonetber, may appoint and agree with a Scavenger, within the faid Town, for
carrying away the Dirt, fifr.
All Penalties for any Offence committed within the Precindls of the faid f-
Harbour, after deducting the Charges of Profecution, and Allowance to In-
formers, as the Truftees ftiall think fit, (hall be applied to the Ufes of the faid
Harbour, which Penalties may be recovered by Diftrefs and Sale, &c.
In Cafe the Colledlors and Mafters of Ships cannot agree about the Tonage,
it (hall be lawful for the faid Colleiflors, at all convenient andfeafonable Times,
to enter into fuch Ships, and to admeafure the fame, according to the Diredlions
of the Adl of Parliament herein before referred unto, which Admeafureraent
fhall be the Rule to charge fuch Ships, then, and at all Times afterwards; and,
in Cafe any Mafter, &£-, do not, upon reafonable Demand, pay the aforefaid
Duty upon Coals, chargeable upon him by this Ad:, and to be difcounted upon
the Coal Owner, as aforefaid; and likewife, in Cafe any fuch Mafter do not,
upon like reafonable Demand, after the Tonage of the faid Ship is agreed unto, .
pay the faid Duty upon Tonage, it (hall be lawful for the Collcftors to take
any Tackie, Gfr. belonging unto (i}ch Ship or Ve(rel, by Way of Diftrefs, and
to fell the fame, in Cafe Payment is delayed ^or three Days, ^c.
And, in Cafe the Sums, appointed by this Adt to be paid for any Goods or f- *i.
Merchandizes imported, (hall not be paid by the Merchant, or Owner thereof,
upon reafonable Demand made, the Collectors may diftrain all, or any Part
thereof, or any other Goods belonging to the faid Merchants or Owners, which
(hall then or afterwards come to, or be found in, the Precindls of the faid
Harbour; and, in Cafe of Non-payment in three Days, may fell the fame, Off.
The Officers of the Caftoms at the Port of Whitehaven, (hall permit the*^"'
Colleftors of the Duty hereby given, without Fee, to refort unto, infpcd);, and
take Cognizance, of any Entries which (hall be made there, of any Goods or
Merchandize, chargeable by this Aft; and the faid Officers of the Cuftoms (liall
not difcharge any Ship outwards or inwards, until the Duties hereby granted for
Tonage on Ships and Coals (hall be paid, to be proved by the Mafter's producing
a Certificate thereof under the Colledor's Hand, fife.
And, the better to cleanfe and deepen the faid Harbour, it (hall be lawful for f- jj-
eleven or more of the Truftees, to order the Digging and Removing any Stones,
Gff . within the Precinfts of the faid Harbour, Gff. and likewife they (hall have
free Liberty to dig, quarry, and take all fuch Stones within the faid Harbour,
as may be ufeful for walling or otherwife, and to ufe the fame in the Works of
the faid Harbour, and to fell fuch Part of thrm as there (hall be no Occ-afion for,
and apply the Money arifing by fuch Sales to tht Ufes of the faid Harbour only;
and, if there be not Stones (ufficient for the fJd Work, to be got within the
Precindls of the faid Harbour, they (hall have Liberty to quarry, and take fo
much more, as together with the Stones arifing within the faid Harbour, (hall
be necc(rary for the Ufes and Purpofes of it, in any Place or Places upon the Sea
Shore, within the Manor of St. Bees, beyond the aforefaid Line, drawn from
the Weftern Points of Tombeard-Rock: to the Baurgh,
Eleven or more of the Truftees ihall, by Writing under their Hands, appoint <"• »4-
a Pier-Mafter, to continue during their Pleafure, who (hall have Power to
order the regular Lying, Anchoring, and Mooring of Ships and VefTels in the
faid Harbour, and to determine any Difference that may happen in Relation
thereto, and to caufe a due Execution and Obfcrvance of the Rules in this Ad,
appointed, (Sc. and the Truftees are hereby impowered to allow fuch Perfon
a Salary, not exceeding 20/. per Annum, &c.
And,
191
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Of PORTS, e^r.
f. t%.
C 16.
f. 17,
r. ii.
I % Cu. II.
p. 3"-
p. jii.
P 3'3-
P-3'4-
. i
p.jij.
J 4 ««. II.
P-943-
And, for the better Security of Shibi, whic^ may have Occafion to pat into
the faid Harbour in bad Weather, all tnit Port pf IVbitebtntn-Bay, lyitig on the
North Eaft of the faid intended Counter-Mole, ,fliall be always left with a f^ee
and open Beach to the full Sea, and that no Wnlls, Whari^ or BreaA- Works,
(hall, at any Time, be made there, upon «ny Pretence what(bever, in any fuch
Depth of Water, as may endanger anv Ship -or VefTel to ilriiM: or run upon the
fame, without the Confent and Approbatioo of feventecn of the TruAee^ for the
Time beine.
Provided neverthelefi, that, as the Land ihall happen to gain on the Sea, on
the North-Eaft Side, of the faid Counter-Mole, it Ihali be lawful for fuch
Perfons as fliall be Owners of fuch Lands to advance any Buildingti, or other
Works, at their Will or Pleafure, fo as not to endanger the Striking af any
Ship or Veflel thereon: any Thing herein COOUined to the contrary thereof
notwithftanding.
And as the temporary Duties, granted by this A£k, cannot of a long Time
raife fuch a Sum of Money, as may be fuffident for the afoFcfaid extraordin^
Works, which aee to be done at the faid Hsrbouri It is tbere/ore furfJber ena&td,
that eleven or more of the faid Truftees are hereby impowered by Deed or
Deeds, indented under their Hands and Seals, to convey and aifure all the iaid
Duties hereby granted, or any Part of them, for all, or any Part of the faid
Term of fourteen Years, as they (hall judge requifite, to any Perfon or Perfons,
who (hall be willing to lend or advance amr Sum or Sums of Money thereupon,
at Intereft, not exceeding the Rate of Six Pounds ptr Centum per jltmum, which
Money, fo lent or advanced, fhall be eAplioyed for, and towards the Ufes of
the faid Harbour, according to the true Ir'ent and Meaning of this Ad, (Sc
If any Adion, Suit, &c. ffaall be comuienoedi (Sc. againft any Pcrfon, for
any Thmg that he ihall do in Purfuantie of this Ad, &i: he may plead die '
general Imie, &c. Ajid this AiBt (haU be taken, and allowed» in all Courts, as
a publick Ad, &c.
Contimudby 10 Annm for 14 T'ears.
The Preamble recites the Ads 7 and 10 Jbtita, and Hiews their Deiiciencyi
and then this Ad continues the faid twa recited Ads for twenty-one Years, to
commence after the loth Day of Apri/, iJ^Ot except fo £ar as either of ^cm
are by this Ad enlarged, akered, or otherwii'e explained.
It is further enaHtd, that the Truftcea appointed by the former, or this pre-
fent Ad, have Power to mortgage all or any Part of the Duties (fubjed to the
forementioncd Debt of 93S/. ijs. yd. 37.) to any Peifon who ihall advance
Money thereon, to eflfcd the neccjSaiy Porpofes of this Ad, and fccure the Re-
payment of the Sums fo advanced^ with Intereft for the fame.
The Money direded to be borrowed by this Ad Ihall be applied, in the fird
Place to difcharge the faid Sum of 938/. 17 j. yd. 3^. borrowed by Authority of,
former Ads, with the Interefl:, and afterwards for making fuch new Works as
may be neceflary for improving the faid Harbour, and keeping the fame ia
good Repair.
After the faid Sums are paid o<r, and the Harbour judged, by the Juftices of
the Quartcr-Seflions, to be in good R^iair, the temporary Duties ihall ceai'e,
and a Moiety only of the Duties on Tonage of VeiTcls, granted by the former
Ads, (hall continue to keep the Harbour in Repair for ever.
This Ad (hall be deemed a publick Ad, &c.
Thtrcji of the preceding A& is only relative to mending the Rtttds, and fetting
up Turnpikes in the Neigbtourbood 0^ Whitehaven, and conj'equmtly, having no AJ-
Jinity with the Maritime Affairs we are now treating of', its Infer tion here wou/d Iv
fttperfluous and unneceffary.
GREENOCK.
The Town of Greenock, in the County of Renfrew, being advantageoully fitu-
ated on the River Clysk, for carrying on both foreign and coa(ting Trade, the Su-
perior, with the Inhabitants thereof, about the Yc.ir 1705, began to raife
Money by a voluntary Subfcription, for building a Harbour there, and Ibme
Progrefs hath been made therein, which, if compleated, would be of great
Advantage to the Town, and to the Trade and Navigation of tliolb Parts; but
2 the
m^^\i
Of PORTS, ^c. 193
the Produce of the Subfcription has been found infufficient to anfwer that Pur-
pofe, and to defray the Expence of cleanfing the Harbour, and of performing p. 9^,
other Works, which are abfolutely neceflary to be done, to render the fame
ufeful and commodious: And, as the Building of a new Church, Townhoufe,
tSc. are neceflary and much wanted, but the Inhabitants are not able to raife
Money to anfwer the Expence thereof, nor to compleat the Harbowr, and keep
all the faid Works in Repair, without the Aid of Parliament; // it etta£iea,
that, from and after June 1, 175 1. for the Term of thirty-one Years, and to
the End of the then next Seffion of Parliament, a Duty of two Pennies Scott,
or one Sixth Part of a Penny Sterling (over and above the Duty of Excife pay-
able to his Majefty) ihall be laid upon every Scott Pint of Ale or Beer, brewed,
brought in, tapped, or fold, within the Town of Greenock, and B|ironics of
Eajler and Wefter-Greenock, 9nA Finnart, or the Liberties thereof; to be paid
by the Brewers for Sale, or Vendets thereof, to Joim Alexander, Writer, and
prefent Bailiff, Robert Donald, Roh&t Roe, &c. Merchants, who are appointee!
Truftecs for cleanfing and repairing the faid Harbour and Piers; and for build-
ing a new Church, (Sc. and for putting in Execution all other the Powers
of this A£t; and the Money fo to be raifed fliall be vefted in them, and be
applied to the feveral Ufes and Purpofes aforefaid; the Charges of obtaining this '*'*''
A£t being firft deducted,
The Remainder of this h&. is the fame as the preceding ones of Kirckaldy,
Anfiruther-Eafter, and Kinghorn, fo excufe to infcrt it; and before I fhut up
this Article of Ports and Havens, I fliall remark, that every Adt concerning
them, makes any Ballaft, Stone, Rubbifli, or any Thing elfe hurtful, thrown
into them, Penal, in Conformity with the general Adl of 19 Geo. II. before
recited at P<ig;f 1 2t of this Work. •
LEITH HARBOUR.
By this A(ft, Power is given to the Magiftrates of Edinburgh to contribute *7 c«. Hi
2000/. and likcwife to receive Contributions from other Perfons, towards im-
proving and enlarging this Harbour, and ere^ing Conveniencies for building,
repairing, loading, unloading, and laying up of Ships and VelTels, and for the
building of Warchoufes, Wharfs, and Keys; but, as no Duty is laid on Ship*
.ping by this Adt, we (hall take no further Notice of it.
At.;
POOLE.
The Mayor, Bailiffs, Burgeffes, and Colleftors, (Sc. may demand Payment »9 ^
of the feveral Duties appointed by this Adt, in rcfpedl of Goods, &c. imported ' *'
into Poole Harbour, and alfo of Ballafl Duties and Boomage, from the Mafler
of the Veffel wherein fuch Goods, &c. fhall be imported, at the Time he fhall
make his Entry, with the Officers of the Cxifloms, of the Cargo of fuch VefTel;
and may alfo^ demand Payment of the Duties on Goods, &c. exported from,
reloaded at, or taken out of any other Veffel in the faid Port or Harbour, in
order to be exported, from the Mafler, at the Time he fhall clear out.
On Non-payment of the Duties, the Mayor, or any Juflice of the Peace, of C 6.
the Town of Poo/e, may, by Warrant, diflrain or flop fuch Veffel till the
Duties are paid, with the Cons and Charges of fuch Diflrefs.
The Mauer to deliver to the Colledtor of the Duties, in Writing, an Account f. 7.
ofall Goods on board, fubjedt to thefe Duties, on Penalty of 10/. for every
Offence.
Salt and Rice, for which the Duty fhall have been paid on Importation, to be f- >•
exempted.
The Mafter to forfeit 40 x. if he refufes or negledts to flation his Veffel in (■ 9-
fuch Place as the Quay-Mafler fhall affign for taking in or throwing out Ballafl,
for loading or unloading his Veffel.
All Goods, landed on any Qjiay or Wharf, fhall be removed in three Days f. 16.
from the Landing, or the Owners forfeit \2d. per Ton, for every Ton of
Goods remaining after that Time, and likewife 1 2 d. per Ton for every forty-
eight Hours they fhall remain there.
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No Pcrfon to ^mptjr any Ballaft, &c. into the Harbpar, on Pain of being
deemed a publick Nuifancc, and their bcipj; puniflicd accordingly.
Twenty Hundred Weight of Scale Goods, or two hundred and Afty-mo Gal-
lons of Liquids, or forty Square Feet of me^fuf able Goods, to be deemed a Ton.
If any Difputc arifcs as to TTonage, to be 4?tcrmincd by the Mavor and two
Jufticcs, and four younger Brothers of tUti Trkity-Ifou/e, or the Majority
oflhem.
Tbe Tabk or Sgbedult 0/ Harieur- Duties, Sluayage, or Wlmrjage, Boomage and
Ballaft Duties, ctuirgeable on tbt Goods, find to be (aid by tbe MaJJer.
For every Ton ^ Goals, imported, or ej(|K>rted, ihipped or unfliipped, laden
or unladen, in, oip, or out of, any Ship or Veffcl, within the Limits of the
Harbour of Poole, the Sum of 3 d. per Ton.
Provided it (hall be lawful to import or expo--*- &c. any Goods into or from
"<K<I Channel, leading to H^arebam, to the Weftward of the South-Weft Buoy,
"6i^ the Bulwarks of Hamkey, and near the Entrance of the little Channel, lead-
ing to Poole, free of the laid Duty: Neither fliall any Duty be paid by open
Boats, Lighters or Barges without Decks, for bringing Goods from fFarebam,
or any Part of the Channel, to the Weft of the South- Weft Buoy, or any Part
of the Ifle of Purbak, within Nortb-Haven Point to Poole, or from Poole to
Warebam, or any Part of the Channel to the Weft of the faid South- Weft Buoy,
or any PartofthelQe of Par^t-t-i, within JVer/A-flaww Po/«/ aforefaid ; but, if
the Goods fliall be imported in Decked Veffels into or out of the little Channel
within Poole Stakes, then the Duties to be paid.
Tor Boomage the following Duties fhall be paid, except foi Veffels employed
in fifliing or dredging.
Every Decked Veffcl of 10 Tons Burthen,, or Milder, (hall pay 6ik .
Ditto 20 Tons, or above 10, i j.
Ditto 30 Tons, or above 20, iu
Ditto 40 Tons, or above 30, 3J.
Ditto 50 Ton>-, or above 40, 4X.
Ditto 60 Tons, or above 50, 5J.
Ditto 100 Tons, or''»ove6o, bs.
Ditto above 1 00 Ton. 7 s.
For Ballaft the following Duties fliall be
fliipped or unfliipped within Poo/i? Stakes, 6</.
unfliip Ballaft in the Channel leading to IVarebam, to the Weftward of' the
South-Weft Buoy, or any Part of the Ifle of Purbeck, within Nortb-Haven
Point, Duty free. And no more than 6 d. per Ton fliall be paid for unfliipping
and fliipping Ballaft within Poole Stakes to careen.
Tobacco-pipe Clay to be exempted from all Duties.
MILFORD HAVEN.
In this Sefllon of Parliament 10,000/. were granted towards' carrying on
Works for fortifying and fecuring the Harbour of Milford-Haven, on Account
of its convenient Situation for fitting out Fleets, and ftationing Cruizers; but,
as no Duties were laid on Shipping for perfecting this uleful Work, I fliall omit
mentioning any Thing further in relation to it.
A LIGHT-HOUSE is a Marine Term for a Tower, commonly
advantageoufly fituated on an Eminence near the Sea Coaft, or at the Entrance
of fomc Pc rt or River, for the Guidance of Ships in dark Nights, by the
Illumination of a Fire or Candles burnt on the Top of them. The firft we read
of was called Pharos, from the Greek Words Phos, in Latin, Lumen, Ligbt,
and Orao, Latin, Video, to fee, and this was fo fupcrb a Fabrick, as to be
reckoned one of the Seven Wonders of the World, and to give a general Name to
all fucceffive ones; it was built by Ptohny Pbiladelpbus, on a fmall Ifland in the
Nile's Mouth, near Alexandria in Egypt, and is faid to have coft that King 800
Talents; it is recorded to have been built fquare, upon four Pillars of Glafs
refembling Crabs, 300 Cubits high, on which a Fire was nightly burnt, to
warn approaching Pilots of thofe dangerous Coafts, and by this Means diredt
5 them
paid : For every Ton of Ballaft,
But it fliall be lawful to fliip or
Of PORTS, ^c.
tliem to fliun the Riflts they were cxpofed toj but, though this was fo juftly
celebrated both for its Ulc and Magnihcence, it was equaliciU if not exctr.led,
in Fame, by the renowned Colofjiu of RhoiUs, which Icrved for the fame Pur-
pofej this inanimate Monftcr was a brazen Statue oi Apollo, fet up at the P2n-
trance of that Ifland's Harbour, with its Feet reding on the two ShurcH, it was
about forty-two Yards high, and its Stride fo great, that the largeA Sliips failed
• into the Port between its Legs: This gigantick Figure was dedicated to the Sun,
and its prodigious Size may be afccrtaincd by the Uimenfions of its little Finger,
which, it is faid, few Men were able to embrr.ce: It was the Work oi Chares,
a Difciple of the celebrated Sculptor L^fippe, who was twelve Years in per-
feding It, and is reported to have cuft about 44,000/. Sterling, though I (hould
imagine this to be very far (hort of its Value, as, when broken to Pieces, it
loaded 900 Camels ) it remained ercA for the Space of 1360 Years, and was
then thrown down by an Earthquake, in which Proftration it continued for A
long Time, till the Sara, tns became Mafters of the Ifle, and fold it to a Jrwi
who quickly deAroyed this Mafler-Piece of Art, to accommodate his removing
it by the Means of the aforementioned Animals.
The Tower of Cordon on the River Beurdeaux, the Pi>are of Mtffina, thrf
Lanthorns at Gmo^i, Barcelona, &c. are refpedlively ferviceable to the Ships
ufing thofe Parts, as ours on Scilly, the Eddyjione, Cajket.t, Portland, Dungeneji,
ForSands, Skerries, &c. (befides the floating Light at the Nore) are to Navi-"
gation in a more extenfivc Manner.
That on the Eddyflone was begun by its ingenious Projcftor, Mr. Henry Win-'
fianley, of LittUbury, in the County of M.J)'ex, Gent, in the Year 1696, and,
after great Labour and Expence, was finilhcd in fomcthing more than four
Years, though a much lets Space of Time would have futticed, had not the
many Difficulties of ftormy Weather, Hardnefs of the Rock, Tides, and ether
Impediments he had to ftruggle with, protradted the Work, and rendered his
Aril Lodgment, or Foundation of the Building, to be very hazardous and trou-
blefome; however, aPerfon of Mr. Winjianley'% enterprizing Genius was not to
be intimidated by the Impediments that prefentcd to obArud the Profecution of
his intended Fabrick, but he watched every Spurt of fair Weather, and Ebb of
the Sea, as well to commence as to carry it on, and happily run through his
Toils bv concluding it in the aforefaid Time, though the Light was put up on
the \ifVtt.oi November, 1698, and thenceforward was inhabited; it ftood till the
27th of November, 1703, when Mr. Winjtanley, unfortunately being in it,
found he had been building hie Tomb, as that dreadful Storm laid the Rock
once more bare, and buried both him and his Works in the Sea; a plain Proof
of the Deficiency of human Contrivance, and of the Infecurity of the beft pro-
jc<Sted Fabricks, when Providence interferes. Its Rebuilding was btgun in
July, 1706, hy John Rudyerd, Gent, a Light put up therein, and made ufcful
Jufy 28, 1708, and finidied compleatly in 1709, fince which it has withftood
the Tempeils it is expofed to, firm and fecure.
This Lighthoufe bears from Pfymoutb (or the Entrance of the Sound) S. and
by W. and from Ram-bead S. and half a Point Eaftwardly, and is diilant from
the Anchoring in the aforefaid Sound, four Leagues, and from Ram Point, about
three Leagues and a half, this being the neareft Shore to the faid Houfe; and the
Ifle of Mayjhne bears from the Lighthoufe about N. E. and is alfo four Leagues
diftant South. And all Ships, coming from the Eaft or Weft to Plymouth, nave
much the fame Advantage of the Light; all the Rocks near this Houfe are on
the Eaftwardly Side, ai\d ftretching North, but moft Southerly, and all are
covered at High- Water; but, on the Weft Side, any Ship may fail clofe by the
Houfe, there being twelve or thirteen Fathoms Water, and no hidden Rockj
though, towards the E. and by N. about a Quarter of a Mile diftant from the
Houfe, there lies one that never appears but at low Spring Tides, and is the
more dangerous, as it is little known.
The Sea ebbs and flows at this Rock on Spring Tides 19 Feet, and then at
High- Water all the Rocks are covered, though a fmooth Sea; and it is High-
Water at the fame Time as at Plymouth: But it runs Tide and half Tide; fo
that
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that it rum EaA three Hours after it is High- Water, and yet the Sea falls lower;
and it runs Weft three Hours after it is Low-Water, and yet the Sea rifeth.
At low Tides (efpecially Spring Tides) three great Ranges of Rocks appear
very high, and lie almoft parallel, ftretching towards the S. E. and N. W. the
Houfe llanding the Weftermoft of all. The aforementioned hidden Rock is a
full Cable's Length from all thefe others, and lies as aforcfaid.
There is always a Family living in it to tend its Light, and the following Adls
have been made for its Management and Support, viz.
From the Placing a Light ufcful for Shipping in EJd)Jio)H' Lighthoufe, there
ftiall be paid to the Mafter, Wardens, and Aflmants, of Trinity Houfe of Dfft-
ford Strond, by the Mafters and Owners of all Engiijh Ships and Barks, which
(hall pafs by the faid Lighthoufe, (except Coafters) i d. per Ton outward-bound,
and \d, fer Ton inward-bound, viz. of the Meixrhants one Moiety, and of the
Owner tne other Moiety j and of all fuch Aliens Ships as fhall pafs by the faid
Lighthoufe 2d. for every Ton of the Burden of the Ship; and every Coafter,
pauing by the faid Lightheufc, (hall pay it. for each Time: The (iiid Duties to
be cofleaed by fuch Perfons as the faid Mafter, (Se. (hall appoint, in fuch
Port whence fuch Ship (hall fet forth, or where fuch Ship (hall arrive, before
they load or unload ; tne faid Duties to be recovered by Adtion of Debt, Off.
The Duties in the Aft 4 and 5 Anne, Cap. 20. dircfted to be paid by any
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fuch Ship, in any Part of Great-Britain or Ire/and, and may be recovered in any
of her Maiefty's Courts of Law.
No Cudomhoufe 0(ficer (hall make out any Cocket or other Difcharge, or take
any Report outwards, for any Ship, until the Duties granted by the faid A&,
and payable by the Mafter of fuch Ship, (hall be paid; and that fuch Mafter
produces a Light-Bill, teftifying the Receipt thereof.
It (hall be lawful for every Pcrfon authorized by the Trinity-Houfe, to ^o on
board any foreign Ship, to receive the Duties, and, for Non-payment, to diftrain
my Tackle belonging to fuch Ship; and, in Cafe of any Delay in Payment, for
tlirec Days after Diftrefs, it (hall be lawful for the Receivers of the faid Duties
to caufc the fame to be appointed by two Perfons, and to fell the faid Diftrefs.
This Aa, and alfo the faid former Adt, (hall be publick Adts.
The following Adt is concerning the Lighthoufe built on the Kland SIkerries,
in Confirmation of Letters Patent, granted to IViiliam Txencb, Efq; for building
it, and recovers the fame Duties, as the preceding one, though all the others
receive but half.
There are alfo fome eredted for the Service of private Ports, as at Ilfordcomhe,
on St. Bee's Head, near IVhitebaven, &c.
All the Powers and Duties granted in Letters Patent, bearing Date at fTeft-
minJiiT, the 1 3th of July, 1 3 Anne, to William Trench, Efq; deceafed, for eredt-
ing a Lighthoufe on the Ifland or Rock called Skerries, near Holy Head, in the
County of Anvlefea, (hall have Continuance for ever, fubjcdl to a Provifo, as
to the Maintaining of the Lighthoufe in the Letters Patent contained, and to
the Truft in the Adb mentioned, and (hall be veiled in Sutton Morgan, Clerk,
who married the only furviving Child of the faid William Trench.
The faid Sutton Morgan, his Heirs and Alfigns, may demand, of Mafters and
Owners of every Ship, or Bottom, pa(nng, crofling, or failing, in, or through
St. George's Channel, by Hofy Head, or Wicilow, to or from any foreign Port,
or which (hall pafs or crofs the faid Channel, to or from any Place in Great
Britain Southward of Hofy Head, from or to Wicilow, or any Place Northward
thereof in Ireland, or that (hall pafs, crofs, or fail, from any Place Northward of
Holy Head, and fail between Holy Head and the Calf of Man, or any Way in
St. George's Channel to the Southward of Dublin, and likewife from all Coafters,
palling to or from any Place in Great Britain, North of Holy Head, from or to
any Port, (Sc. South thereof, i d. per Ton coming into, and the like Sum
going out of, the faid Ports in Great Britain or Ireland, and double fuch Duties
for any foreign Ship.
Ships
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Ships lotded with Coals in Great Britain, North of LiverpooU for Irttand, or <> J-
the grcated Part of their Loading being Coals, and ptfling from Great Britain to
Ireland, (hall Only pay One Voyage in every Yeftr, the fam* to be paid the firft
Voyage yearly, before clearing out of the Cuftomhoufes, either in Great Britain
or Ireland.
In Confideration of the Benefit the Pacquet-Boati. failing betwixt Holy Head ^ 4
and Dublin, receive by the faid Lighthoufc, the Poll Mafler General (hall pay to
the faid Sut(on Morgan the annual Sum of 50/. without Fee, Quarterly.
If any Pcrfon, having the Command of any Ship, (hall refufe to pay the Du- r. j.
ties, it (hall be lawful for the faid Sutton Morgan, his Heirs, &c. to feizc any
Goods of any Mafter or Owner of fuch Ship, and to keep the fame till the Duties
are paid; and, in Cafe of Delay in Payment three Days after fuch Seizing, ho
may caufe the fame to be appraifed by two Sworn Appraifers, and afterwards
fell the Goods.
Nothing herein (hall charge any of his Majefty's Ships of War. f- *•
The faid Sutton Morgan mall be freed from the Payment of 5/. per Annum (. 7.
Quit-Rent, referved by the Letters Patents.
This Aa fhall be a publick A£t. f- ■ <.
LITTLE CUMRAY LIGHT-HOUSE.
By this kdt the TruAees are impowered to eredt a Light-Houfe on this Idand, *' °'** "'
at the Mouth of the River Clyde, and to fix fuch Beacons, Buoys, Land or Sea
Marks, on any Place in the Frith, as they fhall think necefTary for rendering
the Navigation more fafe and convenient.
The Mafler or Owner of every VelTel, bound outwardly on any foreign
Voyage, pafTing the Light-Houfe, to pay i d. Sterling per Ton, and i d. pr,'
Ton palling inwards from any foreign Voyaee to the Northward, whether they
pafs by the middle PalTuge, between the luands of Little Cumray and Bute, or
Dy the Eaft Side of Little Cumray, or between the Iflands of Bute and uirran,
and whether they difcharge in the Cfyde or not: Every foreign VclTcl to pay id.
per Ton, inwards andoutwardsj every VefTcl of 30 Tuns or upwards, trading to
or from any Part of Great Britain or Ireland only, to pay 2j. per Ton every
Time they pafsj and for every VelTel of fifteen Tons, I'jider the fame Reftric-
tion, id. per Ton per Annum; the Year to commence from Juue 24, and the
Payment for the current Year to be made before clearing the Port.
On Refufal to pay the Duties, the Truftees have Power to diflrain any Part
of the Tackle of ue Ship, and fell the fame, returning the Overplus.
The MaAers, Wardens, and Affiftants of the Trinity Houfe at Deptford Strand, Sia Mark).
may at their Cofts fet up Beacons, and Marks for the Sea, in fuch Places, near g j^/;,^ ^ ,,
the CoaAs, or Forelandt, as to them fhall feem meet. C i.
No Steeple, Trees, or other Things ftanding as Sea Marks, whereof to the** *'
Owner or Occupier of the Place, where the fiune doth ftand, before the tft of
March next. Notice fhall be given by the Queen's Letters under hrr Signet,
fhall, at any Time hereafter, be taken or cut down, upon Pain that every >er-
fon, by w}u>fe Confent fuch Oflisnce fhall be committed, (hall forfeit 100/. ^c.
and, if the Perfbns offending be not of the Value, they fhall be deemed conviA
of Outlawry.
And no Man may ereA a Light-Houfe, Beacon, &r. without lawful WsCrrant 3 inS. 104.
and Authority.
. JV. JB. The abovementioned Trimty Houfe is a Kind of College at Deptford,
belonging at firfl to a Company or Corporation of Seamen only, with Autho-
rity, by the King's Charter, to take Knowledse of thofe that deftroy Sea Marks,
&c. but now many Gentry, and fome Nobility, are made Members or Elder
Brothers of that Community.
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Of Letter i of Marque and Reprifai
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ETTERS of MAR QU E arc extraordinary Commiflions granted to
Captains or Merchants for Reprifals, in order to make Reparation for
thofe Damages they have fuAaincd, or the Goodt they have been dcfpoiled
of by Strangers at Sea.
They feem to me always to be joined to thofe of Reprife, for the Reparation
of a private Injuryj but, when the Hurt of an Enemy is folely intended under
a declared War, the former only are granted to Privateers, as will be (Iicwn in
the fubfequent Chapter.
Gru. d* jurt Thefe Commiflions in the Law have other Appellations than Reprtfali or
Belli & Picii, Letters of Marque, as Pignoratio, CLiriratio, and AndroUpJia, and though, by
f- •!. s* * Virtue of thcfc, any Capture they licenie becomes legal, yet private Authority
will not juftify the Proceedings, as it only can be done by tnr Power of that
Prince or State, whofc Subjedt the injured Perfon is, nor is the fame grantabie
even by them, but where the fuffering Perfon has Juftice denied him, or
illegally delayed. ,
This Cuftom of Rcprifals is now become a Law by the Confent pf Nations,
and has been generally confirmed by an Article in almod every Treaty of Pticc
that has, for Ibme V ears paft, been made in Europe, under its proper Rcftric-
tionsand Limitations; as in that concluded with Spain the 13th fAMay, 1667,
thli-jitUit (A"^- 3) ^^''^^ ^'''^ France the 21ft of Jufy, ifid/, ^Art. 16.) that with Holland
M«r. p. ly. of the fame Date, (Art. 31.) that with Denmark the i ith ofjafy, 1670, and
^i»' Inn de 'J™"^ ^' others made fince; and it was conftituted by them, grounded, ac-
urtNM. * cording to the great Ju/hniaH, on the Urgency of human Nepeflitics, as, widi-
ont this, great Lirenfc would be given and tolerated for the committing of
Depredations and Injuries, cfpedally if only the Goods of Rulers were made
liable, who fcldom poflefs any Thing that the Injured can come at for Satif-
fa(5lion; whereas the EfFcfls of thofe private Men, whofe Dealings in Trade aro
various, may be catcht for Recompence, fomctimes with the greateft Eafc, an4
frceft firom Rifque or Danger.
And, as the Benefit of this Obligation was common to all Nations, they
which were at one Time Suflfercrs, would at another Time be eafed by it, aud
Princes are not only accountable for publick Injuries, but in Prudence (hould
endeavour to prevent private ones, and, by fctting the good Example of pro-
tcfting Foreigners from Wrongs, add Strength .to their iujt Demands of Redrefs,
whenever their own Sulbjefts have Occafion to reqaeft it fVorn the|n.
ff therefore the injured Party cannot obtain his dcfiniihrc sentence (ir'Va^^-
ment, within, a fit Time, againft the Perfon of whom he comdjrins^ or ifthtri
be a Judgment given againft apparent Right and Law, and no Relief can 'be'had
from the Iniquity of fUch a Decree, the Bodies and Moveables : of the Pfincp's
SuMe<fts, who render not Right, -may be apprehended ind taken.
But in the Profccution of this there muft DC, 'f; .Jlsii;
1 . The Oath of the Party injured, or other fufflcient Proof, touching tlw pre-
tended Injury, and of the certain Lofs and Damage thereby fiiftained.
2. A Proof of the due Profccution, for the obtainiog Satisfadtio9 in ft legal
Way. '
J. The Delaying or Denial of Juftice.
4. A Complaint to his own Prince or State. '•' " ^. ' *• ' :
5. Requifition of Jufticc, by him, or them, made to tjiid' iuprefflc Vt^'^
State, where JufHce in the ordmary Courfc %vas denied.
6. Perfiftcncy ftill in the Denial cT Juftice.
And all this preceding Letters of Reprifai, under fuch Cautrons, ReftriAions,
and Limitations, as are confonant to the Law of Nations, and fubfifting Trea-
ties, and as the fpccial Cafe fliall require, may iflue, not only by the Jus Gen-
tium, and Civile, but by the ancient and municipal Laws of tne Kingdom.
The Reprifals grantabic by the Laws of England are of two Sorts, Ordinary
aod Extraordinary, the Ordinary arc either .within or without the Realm, and
5 are
Mtlltf it Jatt
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ter Claufe.
the lat-
Htllcyit]aTe
Mar. p. 20,
0/ L E T T E R S 0/ M A R QV E, ^c. 199
ire always granted to Englijh Merchants, who have fuffcrcd in fhcir Pcribns or
EffeAi, and have had their Goods fpoilcd, or taken from them, beyond the Sea,
by Merchants, Stranreri, and cannot upon Suit, or the King's demanding Jurticc
for him, obtain Reorefs) in futh Cafe, the injured I'crfon provl.jjj. thnt he has
Krofecuted the Offenders in a legal Courfc, and had Jufticc delayed, or denied
im, he ihall have a Writ ovA o\' Cbanccry, to at'dl the Merchants Strangers
of that Nation, or their Goods here in EiigknJ, the which is granted to the
SubjeA oppreflTed, not as a Matter of Favour, but of common Right, by tho
L«rd Chanctlkr, or Kteptr tf England, who alwa-s, in I'uth C'ale, hath the
Approbation of thf King, or Council, or both, for his fo doing.
The other tnlhaiy Reprifals, granted for Reparation out ot' the Realm, are A/.//«.d»j.ir«
always under the Great Seal of England, and cannot be revoked or annulled j ,-''J ^ ^"^
and the Reafon ii, becaufe the Perfon injured hath petitioned, and hath, accord-
ing to Law, made out by Proof his Lois, and no Regard having been paid to
Letters of Requeft, fcnt to the Prince of the Offender, nor Reparation madej
then the Letters Patent of Rcprifal (being tcaled) immediately create and vtlt
a national Debt ip the Grantee, to dc fatisficd in fuch Manner, and by fuch
Means, as the fald Letters Patent do dircA, out of the Goods and Ellatcs of his
Subjcdls who reflifts or protclates doing Right i but, though thefc Letters
Patents are unrequitable, yet, if the fupreme Power thinks the Executiun of
them cannot weB be effcdted, without endangering the Peace of both States,
this may juilly caitfe their Refpitc till a nwrc proper Occafton^ for the Statute
of 4 ikenry V. c. 7. does not rcftrain the King's Prerogative and Authority,
which he hild tt the common Law, in judging the tonveniency and Tune
when they (hall be executed i and as the Kine hath the Legiflative Power of
Peace and War, In a publick Treaty for the Nation's Good, they may be mor-
tiBed and then revoked by the great Seal, in Purfuance of that Treaty, and
Princes arc always cautious in the framing and comuofmg fuch Letters Patent,
fo as they may dot be reckoned a Breach of the Peace, which the granting
them (for particuTaf Satisfa^ion) in the ordinary Way, docs not amount to.
The E^itraordkifrv Repri/als are by Letters of Marque, for Reparation at Sea, n^.^„ p j,.
or any Mace out Jofthc Realm, grantablc by the Secretaries of State, with the f. 10.
like Apprbbalipn ol'the King or Council, or both; but they are only during the
King's Pleafttre, arid to weaken the Enemy during the Time of War, and may,
at any Time, be.revQked,
fiut, befbrtjgncntwg Letters ofMarcjue, there gradually precede two or three MiUfi<^W
Letters of Riec^eift,. A(>d, according to the S«isfa5ion, fumcient or infufficicnt, M"- P' v-
retuimed io AriJ5*e*s Commiffions are awarded or denied j and the Prince or
Sute, whofe Subjeift the injured Perfon is, fhould not value his Misfortune at
(o lew a Rate«. t^ id refufe 'him the former, for that wpuld be to accumulate
'lojt^ries, but 0ioii44f^cwifc, if Juftice be detued, after Aich Rcqueft, arm him
with Power to tafie SaUifa^ion by Rcprjfe, Fi, Manu, Of Militari.
' Su^dts caniibtTby Force binder the Execution even of an pnj^ft Judgment, or Ditto p.
lawifuny puffue their Right by Force, by Reaibn of the Efficacy of the Power f. >«•
over them : But Foreigners have a Right to compel, which yet they cannot ufc
lawfully, folon^.a&^thfy may, obtain Satiiifadtion by Judgment; though, if tliat
ceafes, then Reprif^ is let in.
'" Judgment is obtained either irt the erdiriafy.ComCe, by Way of Pro/ccution, or Ditto p
' Storf, br jlffeal ft^tti the fanae, after Sentence or Judgment given, to a higher '• '3-
Coiirtj or ^ in tne eidraordinary Way, which is by Supplication, or Petition,
to the fupreme Fo^er; but we muft underftand that to be when the Matter in
Controverfy iS, tam. quoad merita quam quoad modum trocedendi; not doubtful;
for, in doubtful Matters, the Prefumption is ever for the Judge or Court.
" But the Reprifal muft be grounded on wrong Judgment given, in Matters not
'doubtful, whicn might have been redrefled in fome Shape, either by the ordinary
or extraQn&0ry FoWer of die Country or Place, and the which was apparently
perverted or 4epi€d: Though, if the Mafter be doubtful, it is then otherwifc ;
for in Caufes dubious or difficult, there is a Prefumption always, that JuAice
■ was truly admi&Uliered by them who were duly clcdted and appointed for that
■ Purpofe.
And
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And yet, in thin latter Cifc, ibme are of Opinioni if it waa dubioui, and, if
the Judstnenr wa< agaiiiA apparent Right, the Stranger oppreHied in let into hit
Satitfaaiom and the Reafdii ii, becaufe ti Judge'* Autnority ii not the fame
over Foreigneri as over Subjcdi, for the Motive or Caufc abovcinentioned.
If an Engfijb Merchant (hall profecute a Suit in the ordinary Courts of Law
beyond Scat, and S<ntence or Judgment Aiall pafi againA him, from which he
appcali to the fupreme Court, and there the nrd Judgment or Sentence is con-
firmed, though the Complaint hath received a Judgment contrary to Right and
Equity, yet this will be no Caufe for Letters of Reprifal, though, perhaps, it
may occafion Lettera of Requeft (if the Circumdanccs and Rcalons aro Itrong
for the fame) to have a Rehearing.
But, if an EHgli/bman (hall have Rieht to recover a Debt there, and the Debtor
ii committed to the Cuftody of an Omcer till Payment, and he wilfully lotttho
Priibner efcape, who then becomes infolvent, thia Circumftancc may occafioa
Letters of Reprifal.
In England, if a Foreigner bring an AAion per(bnal againft /. S. and the
Matter is found Jhtcial or gmtral, and the Party prays Judgment, and the Court
refufes it, and tnen the Defendant dies, and witn him the Adtion (the Nature
of it being fuch) the Party is here without Remedy, and the fame may oc^
cafion Letters of Reprifal, if it be accompanied with thofe Cirtumftanced that
evince an apparent Denial of Juftice, i. e. putting it off from Tirm to Term
without Cau/e.
An Englijhman profecutes his Right in the legal Courts beyond Seas, and the
military Governor oppofes the Profecution, and by Force conveys away the
Debtor, and his Goods, and the Sentence or Judgment is obtained : Its ultimate
End being Execution, is, by the aforementioned Means, fruftr^ted, and may
occafion Letters of Reprifal.
If any Perfbn (hall be murdered, fpoiled, or otherwife damaged, in hoftile
Manner, in the Territories ot« Places oclonging to any King, to whom Letters
ofRequeft arc ilTued forth} and, if no Satisfaction be made for the Injury,
Letters of Reprifal may be granted, as the petitioning Parties are not in fuch
Cafes compelled to refort to Die ordinary Prolecution { but the Prince of the
Country, againft whom the fa. ic are awarded, muft repair the Damage out of
his, or their Eftates, who committed the Iniuriest and, if that ))roves deficient*
it muft then fall as a common Debt on his Country.
Such Letters of Requcft generally allot a Time certain for Damages to be re-
paired, and, if not complied with, Reprifals are to ifTue: Thus, after the
Maftacre at Ambyna, and other Depredations committed by the Fltmijh on the
Englijh, hisMajefty, in 1625, ilTued forth his Letters of Requeft to the States of
Holland, for Satisfaction within eighteen Months, otherwife Letters of Reprifal
fliouldbegrantedi andKing CbarlesW.. UTucd Letters of Requeft to the faid States,
for Satisfaction to be granted to William Courttn, Efq; for Depredations made by
their Subjects on two of his Ships j but, not obtaining it in the limited Time,
he granted to the Partners and Heirs of the faid Ceurten his Letters of Marque,
in the Form following:
^HARLES II. by the Grace of God, of England, Scotland, France, and
^ Ireland, King, Deienderof the Faith, ^c. to all Chriftian People to whom
thefe Prefents (hall come, greeting: Whekeas our loving SubjeCt William
Courten, Efq; deceafed, and his Partners, Anno 1643, by the Depredation and
hoftile ACt of one Gailand, Commander in Chief of two Ships belonging to the
Eajl India Company of the Netherlands, was, between Goa and Macao, in the
Streights of Malacca, deprived, and moft injurioufly fpoiled of a certain Ship
named the Bona Ejheranza, and of her Tackling, Apparel, and Furniture, and
all the Goods and Lading in her, upon a very hopetui trading Voyage to China,
which were carried to Batavia, and there all, de faSlo, without due Proccfs
of Law, coniifcated. And that alfo in the fame Year, another laded Ship of
our faid SubjeCt, called the Henry Bonadventure, being come on Ground near the
Ifland Mauritius, was there, both Ship and Goods, Icized upon by fome of the
Officers and Minifters, and others under the Command of the laid Eaji India
Company,
Of LETTERS e/MARQ^UE, ^c, 201
Compaiiv, and utterly detained from the right Owneri. And W'iiehrai the
faid t¥iUMm Cturttn, and hit Alligni in hit Lifc-time, ufcd all polliblc Etidea-
vouri to recover theiitid Shipi and Goudt, anil to procure lurcher Jullice aKiuilk
the MalefaAori, and yet could obtain no Rclhtuiioii or Satitladtion, whereby
they became to be much diftrefled and utterly undone in ihcir Eflites and Credit :
And that thereupon, and upon the moll humble Supplications and AJdrclTci of
FrtUKu, Earl of Sbrtwjbtiry, and tyilliam L urttn, Elqt Gr.indchild and Ilcir of
the faid WiUiam, deceafed, '^vc'^obn Avton, and Sir Edmund TurHfr, Knightt,
Gforge Carno, and Cbaria WbitaAfr, h.\\:^{%. on the Behalf of thcmfclvcs, and
divciic olheri, interefted in the liiid two Shtps Bona Eji^eranza, and Htnty
BoHodvemturt, and in the ElUtcs of the laid lyilliam LourUn, dcccafed, Sir
Edward LitlletoH, Baronet, and Sir Paul Pindar, Knight, deccalcd. that w«
would take their Call into our Princely Conlideration. Wi, out of a just
Sense we then had, and Aill have, ot their unjull SurKBRiNc.)! in that Bull-
nefs, both by our own Letters underouR V,,on Manual, to the States Gtntrtd
of the Un'ttta Proxinces, and by Sir George Downing, Kiiiglit and Baruiict, our
Envoy Extraordinary, to whuin we gave eipcciai CoiniiuiiJ li) to do, required
SatisJadlion to be made, according to the Rulci of Jullicc, and tiic Amity and
good Corrcipondencc, which we then dciired to conlurvc with tlicni Hrm and
inviolable. And Wmfrkas, after fevcral AddrclFes made t(» the faid Statet
General hy our faid Envoy, and nothing granted ettoctual for Relief of our faid
oubjcdts, (whom we take ourfclves in Honour and Jullice concerned to fee fa-
tithed and repaid) we lately commanded the faid Sir Garge Downing to inti-
mate and fignify to the faid States, that we expected their tinal Aniwer, con-
cerning Satistadlion to be made for the faid Ship and Goods, by a Tiiuc then
prefixed, and fincc elapfed, that wc might lo govern oiiriclves thereupon, that
our aforefaid Subjects might be relieved according to Riglu and Jullice, and yet
no fatisfadlory Anfwcr hath been given j lb that we cannot but apprehend it to
be, not only a fruitlcfs Endeavour, but a Proltituting of our I^Ioiiour and Dig-
nity, to make farther Application, after fo many Denials and Slightings. And
Whereas John Exton, Doctor of Laws, Judge of our High Admiralty Court
of England, upon our Command, to certify to us the Value of the Loll'cs and
Damages fuAained by the faid H^illiam Courtvn and Partners, wliofc Interest is
now verted in our loving Subjects Sir Edmund 'Turner, Knight, and Gi'orge Careiv,
Efq; and Partners, hath, upon full Examination, and Proofs thereof made by
WitnelTes in our High Court of Admiralty, reported and certified under his
Hand, that the fame do amount to the Sum of one hundred JiJ'ty-one tboufand Jix
hundred and twelve Pounds.
Now KNOW YE, that, for a full Rertitution to be made to them, fur their
Ships, Goods, and Merchandizes, of which the faid William Courten, and the
Afugns of the faid William Courten, and Partners, were lb defpoilcd as aforefaid,
with all fuch Corts and Chargea as they (hall be at, for the Recovery of the
fame, We, by the Advice of our Privy Council, have thought fit, and by thefc
Prefents do grant, licenfe, and authorize, under our Great Seal of England, unto
our faid Subjedls, Sir Edmund turner, and George Carew, their Executors, Ad-
minirtrators, and Afligns, for, and on Behalf of theinl'clves, and other Perfons
interefted, as aforefaid, to equip, vidtual, fur'iifh, and to fct to Sea, from Time
to Time, fuch, and fo many Ships, and Pinnaces, as they fhall think fitj
Provided always, that there be an Entry made and recorded in the Admi-
ralty Court, of the Names of all Ships and VclTcls, and of their Burden and
Ammunition, and for how long Time they are viduallcd; and alio of the Name
of the Commander thereof, before the fame cr any of them be fct forth to Sea;
and with the faid Ships and Pinnaces, by Force c^ Arms, to fct upon, take, and
apprehend, any of the Ships, Goods, Monies, and Mcrchandifcs, of the States
Genera/, or any of the Subjects inhabiting within any their Dominions or Terri-
tories, wherefoever the fame fhall be found, and not in any Port or Harbour in
England or Ireland, unlefs it be the Ships and Goods of the Parties who did the
Wrong. And the faid Ships and Goods, Monies and Merchandizes, being fo
taken, and brought into fomc Port of our Realms and Dominions, an Inven-
tory Uiereof fhall be taken, by Authority of our Court of Admiralty, by the
3 f Judge
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101 0/ LETTERS e?/ MARQUE, (^f.
Judge or Judges thereof, for theTimebeing, upon Proof made before him or them,
that the (kid Ships, Goods, Wares, Merchandizes, or Money, did belong to
the Sfates Genera/, or any of the ^ubjeds, as aforcl'aid, that they ihall be lawful
Prize to thefaid i'\T Edmund Turner and George Carew, tiieir Executors, Admini"
ftrators, and AiTigns, as aforefaid, to retain and Iceep in their, or any of their
Poflcllions, and to make Sale, and difpofc thereof in open Marlcet, or Ijowever
clfc, to their, and every of their beft Advantage and Benefit, in as ample Manner
as at any Time heretofore hath been accuflomed by Way of Reprizal, and to
have and enjoy the fame as lawful Prize, and as their own proper Goods : So
THAT " NEITHER Captain, Mafter, nor any of the Company, that ihall fervc
" in his own Perfon, or fhall promote and advance the faid Enterprizc, in Man-
" ner and Form aforefaid, (hall, in any Manner of wife, be reputed, or chal-
" lenged, for any Offender againfl any of our Laws. And that aUb it (liall be
" lawful for all Manner of Perfons, as well our Subjefts as any others, to buy
*• the faid Ships, Goods, and Merchandizes, (b taken and apprehended, by the
" faid Captains, Mafters, and others, and adjudged as aforcfiiid, without uny
" Damage, Lofs, Hindrance, Trouble, or Molc/lation, or Incumbrance, to befal
" the faid Buyers, or any of them, in as ample and lawful Manner, as if the Ships,
" Goods, Wares, and Merchandizes, had been come, and gotten by the lawful
" Traffick of Merchants, or of juft Prizes in the Time of open War." Provided
ALWAYS, that all Ships, Goods, and Merchandife, taken by Virtue of this our
CommifTion, (liall be kept in Safety, and no Part of tliem wafted, fpoilcd, or
diminifhed, or the Bulk thereof broken, until Judgment hath fnft part, as afore-
faid, that they are the Ships nd Merchandizes of the States Genera/, or their
SuLjcfts as aforefaid. And if, by Colour of this our Commiffion, there (liall be
taken any Ships, Goods, or Merchandizes, of any of onr loving Subjects, or the
Subjetfts of any Prince or State in good League or Amity with us (except the
States Genera/, or their Subjedls, as aforefaid) and the Goods therein laden, fold
and embezzled, or diminifhed, or the Bulk thereof broken, in any Place, be-
fore they (hall be adjudged to belong to the States Genera/, or fome of their Sub-
jedls, as aforefaid, that then this CommifTion (hall be of no fufficient Authority
to take the faid Ships, Goods, and Merchandizes, or to warrant, or to fave harm-
lefs, fuch as (hall receive, buy, or intermeddle therein ; but that both the Prizes
(b taken, and die faid Ship of War, (hall be confifcated to our Ufe. " Ano
" FURTHER, We do hereby declare, that it is our Will and Pleafure, that this
•• Our Commidlon (hall remain in full Force and Power, to all Intents and Pur-
" pofes, until the faid Sir Edmund Turner and George Carew, their Executors,
" Adminiftrators and AfTigns, as aforefaid, fhall, by Virtue thereof, have, by
" Force of Arms, apprehended, taken, feized, recovered, and received, from the
" States Genera/, or their Subjeits, one /jundred Jifty-one tboufand fix hum'red and
«« twe/ve Pounds, according to the Appraifcment to be made by fuflicicnt Ap-
" praifers, upon Oath, nominated and authorized in our faid Court of Admiralty,
'* of all fuch Ships, Goods, Wares, and Merchandifes, as (hall be taken from
" the (aid States Genera/, or any of their Subjefts, by Virtue of this Cunimiffion,
" or (hall other Ways receive Satisfadlion of the Debt aforefaid, by Compofiticn
" to be madt between thofe of tlie Eaji India Company of the Nether/ands, and
" the faid Sir JC</wtfn</ Twrwr and G^erg-f C^rtw, their Executors, Adminillrators,
*' and Afligns, as aforefaid. Notwithstanding it fc happen, the prcfent
" Difference between Us and the States General, depending upon general Rc-
" prifals, may be agreed and compofed, and that in the Interim a Peace may
♦' and good Correfpondence be renewed between Us and the faid States General;
" in ivbicl) Cafe nevertbe/efs, it is our Will and Pleafure, that in the Execution of
•* this our Commiffion, no Violence (hall be done to the Perfons of the faid
" Subjedls of the hid States Genera/, but only in Cafe of Refi(tancc; and that
" after, in cold Blood, the Subjects of the faid States Genera/, if hurt or wounded,
" (hall be ufed with all convenient Office of Humanity and Kindnefs. And
•* FURTHER, our Will and Pleafur? is, that, although it (hall happen, that
" all Hoftility between Us and the States Genera/, and our rcfpcdtive Subje(fls,
'• (liall ceafe, yet this our Commiffion (liall remain, and be in full Force ;!nd
" Power to thefaid Sir Edmur'^ 'i ur ner and GeargeCanw, their Executors, Ad-
" minilliators.
0/LETTERStf/MARQUE, ^c.
a93
*-h<,
Ditto
1 6.
" miniftrators and Afiigns, aa aforelkid, by Virtue thereof to apprehend
" and fcize, by Force and Arms, fo many more of the (aid Ships and Goods of
'< the States Genera/, or any of their faid Subjects, as> befides the faid Sums be-
" fc tementioned, (hall countervail, fatisfy, and pay all fuch Cofts arm Chareet,
" as iL- iiid Sir Edmund Turner 'and Gtorge Carev>, their Executors, Adminimra-
•♦ tors or Affigns, as aforelaid, (hall, from Time to Time, make Proof, to have
" diiburfcd and paid, towards the Equipping, Manning, Paying, Furni(hing,
" and Victualling of the faid Ships, fo licenfcd and authorized as aforefaid, by
'< this our faid CommifTion, to be equipped, manned, fumi(hcd, and vi^^ualleq,
«• by the faid Sir Edmund Turrer and George Carew, their Executors, Admini-
" ilrators, and AiTigns, as aforefaid, for the Purpofes aforefaid." And ouh
WiLt and Plcafure is, and Wc do hereby require our Judge, or Judges, of our
High Court of Admiralty for the Time being, and all other Officers of the Ad-
miralty, and all other our Judge or Judges, OfHcers, Minifters, and Subjedts
whatfoever, to be aiding and aflifting to the faid Sir Edmund Turner and George
Carew, their Executors, Adminiftrators and Afligns, as aforefaid, in all Points
in the due Execution of this our Royal CommilTion, and to proceed to A.djucM-
cations, and adjudge all Ships, Merchandizes, Monies, and Goods, bv Virtue
thereof to be taken, according to our Princely Intention, hereby fignilied aiid
expre(red, and to take Care that this our Royal Commiflion to be duly executed,
and favourably interpreted and conftrued, in all refpeds, to the Benefit find beft
Advantage of the faid Sir Edmund Turner and George Carew, their Executors,
Adminiftrators and AfTigns, as aforefaid. In Witness whereof, Wc have
caufed thcfe our Letters to be made Patent. Witnefs our Self, at tfejiminjler,
the 19th Day of May, in the feventcenth Year of our Reign.
Bv tME KING.
It is not the Place of any Man's Na!hjity, but that of his .Domici/ and Abodei Dltt
not of his Origination, but of his Habitation, that fubjefts lim to Reprife; the ^- '
Law doth notfo much confider where he was born, as where lie lives j therefore^
if Lei r "; of Reprifal (hould be awarded againft the Subjeftr, of the Grand Duke
oiTufcany, and a Native o( Florence, (but denizened or naturalized in England)
iliould have a Ship, in a Voyage to Leghorn, taken, the Capture is not lawful,
nor can (lie be made a Prize. Yet, by the Laws of England, a natural-born
Subjed cannot divert himfelf of his Allegiance, though he happens to be com-
morant, or a Dweller in the Enemy's Country.
It does not appear from any Precedents, that Rcprifals can be granted on Mis- Ditto
fortunes happening toPerfonsor their Goods, refiding or being in foreign Parts f- «7-
in Time of War there J for, if any Misfortune happens, or is occafioned to their
Effeds, or to their Perfons, they muft contentedly fit down under their Lofsj it
being their own Fault that they would not fly or quit the Place, when they fore-
faw the Country was cxpofed, or would be fubjeft, to the Spoil of Soldiers and
Devaftations of the Enemy.
By Rigbt, there are many Perfons exempted, and thofe whofe Perfons are fo Ditto
privileged have alfo Protcdion for their Goods^ lomc by the Law of Nations, f- "S-
fome by the Civil Law, others by the Common Law, among which the Ambaf-
fadors, by the Laws of Nations, their Retinue and Goods, are exempt, coming
from him who awarded Reprife; the Law of Nations not only provides for the
Dignity of him that fends, but alfo the fecure Going and Coming of him that
is lent.
Travellers through a Country, whofe Stay is but (hort, and a Merchant of
another Place, than that againll which Rcprifals are granted, although the F acioi
of his Goods was of that 1 lace, are not fubjeft to Retrifals.
When Ships are driven into Port by Storm or Strcls of Weather, they have an Ditto
Exemption from the Law of Reprifals, according to the Jus Commune, though, ' 'i*'
by the Law of England, it is othcrwifc, unlefs exprcfsly provided for in the V7rit
or CommifTonj but, if fuch Ships fly from their own Country to avoid Con-
fifcation, or for feme other Fault, and arc driven in by Strcfs of Weather, they
may, in fuch Ctfe, become fubjedt to be Prize; though it is unlawful to make
Seizure in any Ports for Rcprifals, but in that Prince's who awarded them, or in
his ngalnrt whom the fame is ilTuedj for the Ports of other Princes or States arc
facrcd.
h'
! ':
p. 40.
f' 4'
P- 4'
?■ 4*.
204
Grtl. it Jure
BeUi. lib. 3.
e... f.4.
Grtf. lib. 9.
\^U
Msllny de Jure
Mar. p. 46.
f. j8.
Pal. i6. EJiu,
III.
Pat deAD,6.
H.V.
r*"'
0/ P R I V A T E E R S, ^f.
facred, and the Peace of them not to be violated or difturbed, but jufUy to be
obferved and maintained.
If any Ship carrying Letters of "Rtprife attacks a Vefl*el, and flie refufes Xo
yield, fte may be auauTted and entered j and, if it falls out, though by Accident,
that fome of thofe who reiift are (lain, the Fault will lie at their own Doors, for
endeavouring to hinder the Execution of what is Right, and which the Law
both approves and warrants.
By the Law of Nations, ipfo fadto, the Dominion of the Things taken by
thofc to whom Letters of Marque are granted become the Captors, till the Debt
and Cofts, that is, the original Damage and lubfcquent Charges, arcfatisficd;
which being done, the Rcfidue ought to be reilored. So the Venetians ufed their
Equity, having taken the Ships of Genoa: They did not (poll ftny of the Lading,
but preferved the fame very carefully till the Debt wa5 paid, which done, an en-'
tire Reftitution of the Things was made, without any Diminution.
When, perhaps, for the Fault of a few, a Debt becomes iiational, by Rcafon
of which the Goods of the Innocent become liable (if taken) for Satisfadion, in
fuch Cafe the Perfon fo lufFering is entitled to Contribution for his Relief, being
put to the whole Burthen, where more are bound to the fame Thing.
Yet, when Depredations have happened to foreign Merchants, our Kings (on
Complaint) have often ilfued CommilTions to enquire of tlie lime; and it was fo
done upon the Petition of ibme Genoefe Merchants, who complained againft the
Inhabitants of the Ifle of Guernfey, for a Depredation in taking away and detain-
ing their Merchandize and Goods to a very great Value, out of a Ship wrecked by
Tempcfl; near that Ifle, and the Commiflioners were empowered to punilh the
Offenders, and to make Reftitution and Satisfaftion for the Damages.
The like Complaint was made by the Merchants of the Duke of Bretagne, of
certain Depredations committed by the Subjedts of the King of England, who
iffued forth the like Ccmmiflion, to give them Reparation and Damages for the
fame; fo that if the Subjedls of the King of England fhould have their Goods
taken by Way of Reprife for the Satisfadlion of fuch Debt or Damage, they may
have the Benefit of the like CommifTions, to make themfelvcs whole out of the
Eflates of the Offenders.
!» -
Wu-^.
Oi Privateers or Capers.
PRIVATEERS and CAPERS are fynonimous Terms for the fame
Thing, with this only Difference, that the latter arc fmaller VefTcls than
the others; they are generally efteemed private Ships of War, fitted out by
Particulars, in order to annoy the Enemy; though the CommilTion is neither fo
lafling nor fo honourable as that given to the Commander of a King's Ship, the
one being certain, and continued whilft his Behaviour is unexceptionable, the
other only temporary and occafional; the one appointed by his Majefty, the other
by a Subjedt, (with the Prince's Approbation) and liable to be turned out at the
Owners Plcafure; and, though fuch Appointments are ancient, and very ufeful
in a War, by diftrefling the Enemy, yet many eflcem the Adlion but one Remove
from Piracy; as the Undertakers are fuppofed to Ivave no immediate Injury done
them, nor have any other Motive but the Hopes of Ciin, to aninrate them to the
Engagement, or to induce tlieir commencing a Trade of Rapine and Spoil on the
Perfbns and Goods of innocent Traders; and, by thefe Means, encreafe the Hor-
rors and Calamities which War naturally brings with it, and infpires; but who-
foever refledls, that every Individual is injured, when the Nation in general is
fo; and that, if //iw has a Right to vindicate or revenge its Wrongs, Particulars
mufl be juflified in affording their AfTiftance; We muft conclude, that, in fo
doing, they only comply as good Subjedls, whilfl their Proceedings remain
direiSbed by Authority, and their Succefles againfl the Enemy are managed with
that Humanity our own Natures and the Laws of Nations enjoin.
However, leaving thefe Difputes to be determined by Cafuifts, I (hall proceed
to inform my Readci of the Nature and Powtr of fuch ai med Veffels, and on
what Footing they have generally been fitted out in the late and former Wars;
and this hus been under two different and difdnft Commiirions, as will hereafter
be fhewn. The
0/ P R I V A T E E R S, ^r. 205
The one of them is cuftomarily granted to the Petitioners for it, after they, at
their own Expence, have fitted out a Privateer; and impowers them to appropriate
to their own Ufe whatever Prize they make, after a legal Condemnauon, and
the Government allows them befides 5/.* for every Man aboard a Man of War or
Privateer taken or deftroyed at the Beginning of the Engagement, and lo/.-)- for
every Gun (he had mounted, with Liberty of Cruizing where they plcafcj and,
in Cafe we ate at War with more Potentates than one (as lately with tl^e Prencb
and Spaniardt^ chey muft have CommifTions for adirt? againft them both, other-
wife a Captain carrying only one againfl the Spar.:::ras, and in his Courfe meets
with and takes a Frenchman, this Prize is not good, but would be taken from
him by any Man of War he met, and could not be condemned fj'or Aim) in
the Admiralty, as many experienced in the late War.
The Manner of fitting out thefc Privateers has commonly been at the joint
Expence of fevcral Merchants, and is always very expenfive, as warlike Stores
are at all Times coftly, and their Prices more efpecially raifcd on thefc Occafion.s
when the Demand for them is confiderably encreafed.
In fome of thefe Adventures, the Men en board go on the Terms of no Pur-
chafe no Payj and in this Cafe the Produce of whatever is taken goes half
to the Ship, (for the Owners) and half to the Men, divided to them according
to the Articles of Agreement ; but, when the Men fail for Wages, tue Captures
appertain entirely to the Owners, except a fmall Part, which is commonly ftipu-
lated to be given the Sailors, extra of their Wages, in order to animate them in
their Behaviour; and both Ways of arming are regulated by the Articles entered
into between tKe Owners and Mariners, of which I (hall add a dopy at the End
of this Chapter, for my Reader's Information.
The other Commiflion aforementioned is granted to Privateers taken into tiie
king's Service* which notwithflanding are Htted out at the Expence of private
Perfons, and then let out to the Government, who generally pay them fo much
per Month for their Hire, and engage to repair them, in Cale of Damage, and
to pay the Value agreed for in Cafe of Lofs.
In his late Majeily King ffi/Jiam's Reign many large private Ships were engaged
for in this Manner, and lent abroiad as Convoys, &c. but fince our Marine is fo
greatly increafed, the Government does not fo much (land in need of the
Merchants A(riftance in this Shape, as they formerly did, and confequently do
not fo often call for it.
No Privateer may attempt any Thing againfl the Law of Nations, as to zttauli mjUj dejur*
an Enemy in a Port or Haven, under the Protedion of any Prince or Repub- Mir. p. 49.
lick, be he Wicad, Ally, or Neutcrj for the Peace of fuch Place mud be kept *^"^'
inviolable.
And at the Time of granting thefe private CommifHons, great Care is always Treity Mi-
taken (by Bond) to prefervc the Leagues, with our Allies, Neuters and Friends, ''"wiih//./.
according to the various and feveral Treaties fubfUling between us, and it is for jn,*o,^'',\
this Reau>n that Security is demanded, and given by refponfible Men, (not con- '<>h Art lo.
cerned in the Ship) to the Value of 1500/. for all Ships carrying lefs than 150 riilTwUh^*
Men, and 3000/. for every Ship carrying more, that they will give full Satis- fra^el, >c St.
faction for any Damage or Injury that they (hall commit in their Courfes at Sea, ^^"J!'. "
contrary to, and in Breach of, the aforefaid 't'rcaties, and alfo under the Penal- 1676 7! An]
ties of forfeiting their Commifliopsj and for which their Ships are likewife made '••
liable.
If a Suit be commenced between the Captor of a Prize and the Clalmer, and Ditto «rt. ijj
there is a Sentence or Decree given for the Parbr reclaiming, fuch Sentence or
Decree (upon Security given) (hall be put in Execution, notwithftanding the
Appeal made by him that took the Prize, which (hall not be obferved, in Cafe
the Sentence (hall be given againd the Claimcrs.
And whereas the Mafters of Merchant Ships, and likewife the Mariners and Ditto an. if.
Paffengers, do fometimcs fulfer many Cruelties and barbarous Ufages when thev
are brought under the Power of Ships, which take Prizes in the Time of War,
the Takers, in an inhuman Manner, tormenting them, thereby to extort from ..,
them fuch Confe(rions as they would have to be made: Jt ii agreed, that both his comim-rce
Majefty and the States General, (liall, by the fevered Proclamations, forbid alt ""l* V""
* 1} and 17 Qt$. II,
3 f'
t 4 ind s Will, and Wr.
A/yii3,i667,
^lc^
w
I:
'\^W.'
5;:i
wXhr
If--
; 1
|,» - i!
.tt'
w: '
Of PRIVATEERS, ^c.
D'mo wiih
franctf Ftb.
24, 1670-7.
Art. I, 1.
Diitc wiih
Sfaix, May I J
1667, .Art li
Citio »itli
ao6
Art. 21,22. fuch heinous and inhuman Offences, and as many as they rtiali, by lawful
S»*.">/k Proofs* fintJ 8"'l'y of Inch Ads, they (hall take Care that they be piiniflicd with
ii,i66'7"Art. due and juft Puniftiment, and which may be a Terror toothers; and (hall com-
Ditio^f/* mand that all the Captains and Offirers of Ships, who (hall be proved to have
1667 s, Ar^' committed fuch heinous Pradliccs, cither themlclvcs, or by inftigating others to
ij.^- . aft the fame, or by conniving while they were done, (hall (befidcs other Puni(h-
Di^^>Ti,ju ments to be inflifled proportionally to their Offences) be forthwith deprived of
h M, 1670, their Oflices refpedtivcly : And every Ship brought up as a Prize, whofe Mari-
Treity^Mj. "^" or Paffcngcrs (hall have fufiered any Torture, (hall forthwith be difmilfcd
rinewith Wt/. and freed, with all her Lading, from all further Proceedings and Examinations
'""'• ^^" '• againft her, as well judicial as otherwife.
• 74. ' ■ '. sj^ips may freely (a 1 to and trade with all Kingdoms, Countries and E(lates,
which (liull be in Peace, Amity, or Neutrality, with the Prince whofe Flag they
carry, and who is at prefent at Peace with us, and are not to be moleftcd by us,
on Account of any Hoftilities that may at prefent fublift, or hereafter m.iy hap-
pen, between his Britannick Majefty and thofe Eftates, provided fuch Ships arc
not Bearers of contraband Goods.
And to avoid Difputes about the Underftanding the Term of contraband Goods,
hiuibbi. ^^y ^'■^ cxprefsly determined to be only Arms, Pieces of' Ordnance, -with all Im-
Art. zs plcments belonging to them. Fireballs, Poicder, Mutches, Bullets, Pikes, Sicords,
ibbi-ifAn Lances, Spears, Halberds, Guns, Mortar Pieces, Petardes, Bombs, Granadoes,
5 ' Fire-Crancels,Pitcbed Hoops, Carriages, Mufquet Rejls, Bandeliers, Saltpeter e^ Muf-
^n" wi-lf* V'^'^' ^^"/^"^^ ^^°^' Ji(^'i":ts, Corjlets, Breaji plates. Coats of Mail, and the like
Ditto*Z)«. I, Kindof ^r/w<7rt<r^. Soldiers, Horfes, and all Things neceifary for the F«r»//wrf o/"
1674. Art. 3, Horfes, Holjters, Belts, and all other warlike Inftruments whatfoever.
liirw th^* All other Goods whatfoever are (by the aforementioned Treaties) permitted
Franrr, Feb. frccly to be Carried, except to Places belicgcdj and therefore a Privateer has no
i^, 1(76.7. Right to put any Hindrance thereto; but, if he makes a Prize of a Ship, loaden
Ditto with entirely with the abovemcntioned contraband Goods, both Ship and Loading will
Hciiatj, Un. be condemned; and, if Part be prohibited Goods, and the other Part not, the
ii,'-^.»n,''~. former only (liall become Prize, and the Ship and the Remainder be fet free;
and, in Ca(e the Captain of the Merchant Ship will deliver to the Captor, that
Part of his Cargo which is prohibited, the other (hall receive it without com-
pelling the Merchantman to go out of her Courfe, to any Port he thinks (it, but
(hall forthwith difmifs her, and upon no Account hinder her from freely pro-
fecuting her defigned Voyage,
Mihi df Jure If lucii bnips (hall be attacked in order to be examined, and (hall refufc fub-
Mar. p 5 J. ,^jtting thereto, they may be aifaultcd and entered by Force, and if the Pcdbns
See Ditto on aboard do not yield and furrender, thofe that rcfift may be (lain.
ReprifJj, gyt if miy Privateer wilfully commits any Spoil, Depredations, or any other
Injuries, either on the Ships of F'riends or Neuters, or on the Ships and Goods of
their Fellow Subjects, they will be punilhed in Proportion to their Crimes, either
with Death or otherwil'e, and their VelTcls may likewifc be fubjed to Forfeiture.
Whether a Ship taken be a lawful Prize or not, (hall be tried in the Admi-
ralty; and no Prohibition (hall be granted. In the laft V.'^ar between us and
^y' Denmark, a Scotch Privateer took a Ship as Prize, being a Danijh one, and (ho
11° I -i, 1-6. was condemned as a lawful Prize by the Admiralty in Scotland, and brought her
upon the Land; and S. libelled in the Admiralty of England, fuggefting that flic
was not a Denniarker, but a Ship oi London. Per Curiam. In as much that the
Matter is Prize, or not Prize, no Prohibition.
Raymtnti 473 One who had Letters of Marque in the late Dutch War, took an OJiender for a
Hygh, a Cor. jr^iiicfj Ship, and brought her into Harbour, and libelled againft her as a Prize,
'•rJ",r ,nd ' and the Cy/tWiT libelled in the Admiralty againft the Captor for Damages fuftained,
Cury cont. by Hifrt the Ship had received in Port, and a Prohibition was prayed, becaufe
T't'isf^^ the Suit was for Damage done in Port, for which ar Adion lies at the Common
367. 2 Kit- Law, but the Prohibition was denied, as the Original was a Caption ai Sea, and
i/tibo, 364 tbg bringing her into Port, in order to have her condemned as a Prize, is but a
'■* Confcquence of it, and not only the Original, but alio the Confcquences (hall be
tried there.
And therefore if he who hath Letters of Marque or Reprifal, takes the Ships
and Goods of that Nation, againft whom the lame are awarded, and carries
them
Ditto r.
•4-
7himpjin a
SMttb^
320. 2 Kit.
f
#■
G/ P R 1 V A T E E R S, C^r.^
Z;^^
them into the Port of any Neuter Nation j the Owners may there feize herj ot ^inM. in
there the Admiral may lawfully make Rellitution, as well of the Ships and GoodR qX o.^'di
to the Owners, as the Captive Perfons to their Liberty, for that the fame ought firft: Cap. An» k
to have been brought infra prajidia of that Prince or State, by whofc Subjc-^s, gb'noii'ibu!*"
and under whofc Commiflion, the fame was taken. c dcCapt.
And this is entirely agreeable to the Common Law, for a Dunkirktr, havitig ^^°"'\;.|^''-
taken a French Veflel, was driven into IVeymouth, and fold her there, before flic »« il^'i^oi,.
was hiought infra frtrjidta Dom. Regis Hifp. and in this Cafe it was ruled, that iff"' Man*'";.
a Ship be taken by Piracy or Letter of Marque and Reprifal, and is not brought rrin. 17.
infra frajidia of that Prince or State, by whofe Subjedts the fame was taken ; it ^/^^/i r^ "^^
could not become a lawful Prize, nor were the Owners by fuch a Capture di- no.'j K^i.
vcftcd of their Property; but, if the Caption be by King's Ships, the Property^' 4m- ^■"'■-
will be immediately in the Captors, and never be diverted, unlefs afterwards it '" ''
be recovered by its former Proprietors, or be in Battle regained.
If two Ships with Letters of Marque accidentally meet with a Pri^ie at Sea, f/,;,,,
and though only one attacks and takes her, yet the other being in Sight (hall have t.i,x.
r a Bantiy,
3»-
"A
an equal Share of the Prize, though he afforded no AiTirtance in her Capture j %'^Xlrau
becaufe his Prefence however ftruck a Terror in the Enemy; and made him A/s Calfr
yield, which perhaps he would not have done, had his Conqueror been finglc; ^•"""■^^
fo that all Ships tlfat are in Sight, though they cannot come up toaflift in the En- ''' "*''
gagement, are entitled by the Commoiil.a'w to an equal DiAribution in the Spoil
and Sir
JBulk.
But if thofe to whom Letters of Marque are granted, Ihould, inftead of taking J(«i!i AbrUg.
tne Ship and Goods, appertaining to that Nation, againrt which the faid Letters jji/j^'^lj
are swarded, •wilfuHy take, or fpoil the Goods of another Nation in Amity, this "' ^'
would amount to a downright Piracy., and the Perfons fo offending would, for
fuch Fault, forfeit their Veffcl, (and the Penalties in which their Securities are
according to late Cuftom bound on taking out fuch Letters) notwithftanding their
Commiflionj but this muft be underftood, where fuch a Capture is done in a
piratical Manner; for if it is made upon a ftrong Prefumption, fupported by many
Circumftances and Appearances, that the Caption is juft, as belonging to him
againft whom the Reprifals arc granted, though, if on Examination it proves
otherwife, and the fuffering Parties have their Ship and Goods reftored, yet the
Captors are not liable to Punifliment, though fometimes they may be to Da-
mages. On the contrary, they are juftified in endeavouring to recover their
Right, or diftrefs the Enemy, (for which the Letters were granted them) though
in effecting it they may be miftaken, as it is natural for the Enemy to cover
their Effedts in the bed Manner they can : It would be impoffible alSvays to
determine the Affair at Sea, therefore it is allowable to bring a dubious Capture
into Port, in order to a more nice and juft Scrutiny and Infpeftion, otherwife the
Goods of an Enemy would often efcape, as has frequently happened in the late
Rupture. However, to guard againu unlawful Seizures, the Gdvcrnmcht have
wifely dircfted fufficient Caution to be given (as before-mentioned) fbf the due
Obfervance of the Letters according to Law, before they permit their iffuing; and
where there is a Breach committed, the Penalties are inflidled.
And in order to avoid all illegal Proceedings, but to aft with due Regularity
and Conformity with the Tenour of the Letters granted, whenever a Prize is
taken, and brought infra prafdia, the Captor muft exhibit all the Ship's Papers
and captivated Mariners to be examined in order to Adjudication, till whe^ Built
ought not to be broken, nor may the Captain of the Captor fuffer any" Embez-
zlement of the Lading, or fell, barter, or difpofe of any Part without Commif-
Jion, as the fubfcquent Adls will fliew.
The Ulc of thefe Sort of Vcflels we were taught by our Neighbours, and
obliged by their Example to encourage them, who, in the firft long War, almoft
covered the Seas, and, like Locufts, devoured every Thing they could overpower;
and, in the late Embroils, we fufficicntly experienced their Utility, ifdiftrcfling
the Enemy may be termed fo, as they advantageoufly inculcated the LefTon on the
original Teachers, and almoft ruined the Trade of the firft Inventors of thefe
Annoyance!!, fo dcftruftive to the peaceful mercantile Employ; and, that we
might not be tardy in encountering the Enemy at their Weapons, the Legi-
flature have thought proper to encourage this Way of molcfting them, in the
following
5
r
'li^M
I.
io8
l)G<«.II.
p. Ii«.
r-'it-
PM4-
an*'
Bi^- ■ ■■■I
r «3s.
r<i)6i
Iff,;
0/ PRI VATEE]ft.S, ^f.
following Afti, which I infert at length, tKoitgh a great Part being only tennrpo*
raiy Is now expire^, but will, in all Probabilitvi b« revived in any future War.
TheLprdHigh AdiniraU Commiflioners of tne Admiralty, or any three of them«.
or their Deputies elfcwhere, fliall, after the 4th Dty of yanuary, 1739, grant
Conuniffions, or Letters of Marque (on Requeft of any Owners of Veirels, on
their giving the tlfual Security) to any Perfon whom fuch Owner (hall nominate
Conunander, or, ih Cafe of Death, fucceflive Commanders^ of fuch VelTds ^ex*
cept only fgr the Payment of the Tenths of the Prizes to the Lord High Admiral*
or Conuniffuiners o/the Admiralty) for the Attacking and Taking any Fortreft
by Land> t^r any Ship, Stores, Merchandizes, &c. poflefled by the Enemy, in any
Seat .Creek, Haven or River, and that fuch Ship, &c. (being Arft adjudged
lawful Prize) fliall wholly belong to the Owners of uich Privateers, and the Cap-
tors in fuch Proportion as Hiall have been beforehand agreed on between them'
felves, paying the Duties hereafter noentioned.
The Judge, &c. of fuch Court of Admiralty fliall, if requeued thereto, finifh,
within five Days, the uTual preparatory Examination for Trial of Prizes, and the
proper Monition (hall be imied and executed in three Days after Requeft; and, in
Cafe no Claim of fuch Capture (hall be duly entered, and atteded on Oath, giving
twenty Days Notice after the Execution of fuch Monition { or, if there be fuch
Claim, and the Claimants fhall not, within five Days, give Security (to be approved
of by fuch Court of Admiralty) to pay double Cofts to the Captors, in Cafe the fame
be judged lawful Prize; that then the Judge, Qfr. of fuch Court of Adtni'alty, on
producing to him the Examination, or Copies thereof, and producing on Oath all
Papers taken in fuch Capture, or on Oath made that no fuch Papers were found,
(hall immediately acquit fuch Capture, or condemn it as lawful Prize. And, in
Cafe fuch Claim be duly entered, and Security given, and no Occafion appears to
examine diftant Witness, dien fuch Judge, S^c. (hall examine the prefent Wit-
nelTes, and, within ten Days after Claim and Security, proceed to fentence the
Capture, as aforefaid. But« if the Matter appears doubtful to the Judge, &c. and
it be found necelTary to examine WitnelTes remote from iuch Court of Admiralty*
and fuch Examination bt dsfircd, and an abfolute Determination infifted on, on
both Sides, then the Capture (hall be aApraifed forthwith, by fwom Apprailers, on
the Part of the Captor; for which Purpofe the Judge (hall caufe the Goods
found on board to be unladen, and put into proper Warehou(c8, with (eparate
Locks, of the CoUeAor and Comptroller of the Cuftoms, and, where there is no
Comptroller of the Kaval Oihcer, and the Agents of the Captors and Claimants,
at the Charge of the Parties defiring the (amc; the Claimants giving Security
within fourteen Days after making fuch Claim, to pay the Captors the full Value
apprailed, if adjudged lawful Prize; after which Security, the Judge (hall order
the faid Prize to be delivered to the Claimants, or their Agents.
And if the Claimants refufe to give Security, the Judge (hall take Security of
the Captors, to be approved by the Claimants, to psty the Claimants the appraifcd
Value, if it be lidjuaged not lawful Prize; and the Judge (hall proceed thereupon
to make an interlocutory Order, for delivering the fame to the Captora or tneir
Agents.
All Captures brought into any of our >i!m<nV>tf« Colonies (hall (by there without
breaking Bulk, under the joint Care of the Colledor 9nd Comptroller of the
Cu(bms; or where there is no Comptroller of the Naval Officer of that Port,
and the Captors and their Agents, tiU the fame (hall be cleared or condemned by
final Sentence; and, on Condemnation as lawful Prizo, if taken by a Privateer,
(hall be immediately delivered to the Captors and their Agents, fubjeft to their
own Difpofal.
If any Judges, or other Officers in his Majedy's Dominions abroad, neglcA to
perform any of the Matters to them referred, relating to Difcharging or Con-
demning the Captures, afi aforefaid, (hall forfeit 500/. &c.
There (hall not be paid above i oA to all the Judges and Officers of any Court of
Admiralty abroad, for Condemnation of any Capture under 1 00 Tons Burthen,
nor above 15/. if the Capture be of that, or any greater Burthen; and, on Pay-
ment of either of the faid Sums, the Judges, &c. (hall be liable to all the feverai
Penalties impofed by this Adt, if they negledt to do their Duties witiJio the refpec-
tive Times limited. I(
0/ P R I V A T E E R S/ ^^.
209
. I' '37-
J9-
IC
If any Captors or Claimers fliall not be fatisfied with the Scr^tence given, in
fuch Court of Admiralty abroad, they may appeal to CommiiTioners appuiiucd
underthe Great Seal of Great Britain, for determining fuch Appeals) to be allowed
as Appeals to fuch Commiff ers are now allowed from the Court of Admiralty
in England, if it be made within fourteen Days after Sentence, and Security given
toproKcute with Effed, and pay treble Cods, if the Sentence be atfirmcdi pro-
vided the Ex:cution of any Sentence appealed from> (liall not befufpcndcd, it the
Parties appellate give Security to the Court who paiTed Sentence, to reftorc the
Ship, flff . or the Value, to the Appellants, if the Sientence be rcvcrfcd.
Anv Commanders, Offiaers, fsc. who fliall embezzle any Part of the Capture*
(htdl torfeit treble the Value of fuch Embezzlement, f^c.
Provided that nothing in this A£t contained (hall exempt any Prizes from
Saying the ufual Cuftoms, or being fubje£t to the Laws in being, in any of his
lajefty's Dominions.
His Majefty, his Heirs, &c. are impowered to grant Charters, CommifTions, P'
&r. in this, or any future War, to enable any Societies, or particular Perfons, to
join to any Adventures by Sea or Land in America, to furprize, take, or dcilroy,
any Moveables or Immoveables belonging to the Enemy, and to veft the Pro-
perty of all Things fo taken in any Parts of America, whether Ships, Goods,
Stores of War, Settlements, FaClories, Places of Strength, Qf<:. together with all
Profits and Advantages accruing from the fame, in what Manner, and under fuch
Rendations, as his Majefty, his Heirs, (Sc. diall think fit, and to confirm tlic
Aid Benefits by any farther Grants.
Provided that no Charter, Qfr. ihall reftrain any of his Majefty 's Subjcds from
having a free Trade to any Part of America.
There fhall be paid by the Treafurer of the Navy, on Bills made fortli by the -.14b.
Conuniflioners, to be paid according to Courfe, without Fee, to the Officers, Sea-
men, &r. that (hall have been on board fuch Privateers, in any Adtion where any
Ships of War or Privateers (hall be taken from the Enemy or deftroyed, 5/. for
every Man which was living on board any Ship fo taken or deftroyed, at the Be-
ginning of the Engagement between them) the Numbers to be proved by the
Oaths of three or more of the chief Officers or Men belonging to fuch Ships of
the Enemy, at the Time of their being taken or deftroyed, belbre the Mayor, or
other chief MagiArate of the Port whereto fuch Prize, or the Men of any Ship
deilroyed, (hall be brought; which Oaths the faid Mayor, (Sc. is hereby required
to adminifter, and grant a Certificate thereof, without Fee, diredcd to the Com-
jiiKfioners of the Navy; upon producing which Certificate, with an authentick
Copy of the Condemnation of fuch Ship fo taken, or, if deftroyed, on producing
a Certificate from the Mayor, &c. the Commi(noners or their Agents (hall, within
fifteen Days, make out Bills for the Amount of fuch Bounty, diredted to the
Treafurer of the Navy, payable to, and to be divided among, the Owners, OBi-
cers, &c. of any Privateer, as by written Agreement among themfelves fliall be
diieAed.
The Bills made out for the Bounty aforefaid (hall be payable to the Agents of p
Owners, &<-. of Privateers, to be divided as by written Contract, &r.
All Captures, commpnly called Flota Ships, or Galleons, or any RegiAer Ships,
bound froui Bueruu Ayres, or Honduras, or any Goods on boatd the faid Ships,
(hall be adjudged in his Majefty's High Court of Admiralty, and not by any
Courts of Admiralty out of Greet Britain.
If any Ships, Off. belonging to his Majefty's SubjetSts, (hall be taken by the
Enemy, and afterwards retaken by any Men of War, or Privateers, under his Ma--
jefty's Prote^on, the faid Ships, &c. fo retaken, fhall be reftored to their proper
Owners, paying, in lieu of Salvage, an eighth Part of the Value, after having been
in PofieiTion ot the Enemy twenty-four Hours } and, if above twenty-four Hours,
and under forty-eight Hours, a fifth Part; and, if above forty-eight Hours, and
under ninety-iix Hours, a third Part; and, if above ninety-lix Hours, a Moiety
thereof: All which Payments (hall be made without Deduction ; and if any Ship,
fo retaken, (hall appear to have been fet forth by the Enemy, while in their
Cuftody, as a Man of War, the Owners of fuch Ship retaken, (liall pay a full
Moiety of the real Value, without Dedu&ion.
3 H If
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17 Cm. II.
p 691,691
p. 7«j.
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p. ;o6.
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p. 487.
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If*-
0/ PRIVATEERS,
If any Sliip, fifr. be taken by tny Privateer, through Coofcnt or ConQivaaycct
fuch Ship, 6rc. as alfo the Tackle, Apparel, Furniture, and Ammunitioa of I'uch
Privateer, (hail be judged good PriBei and the Bond given \xf the Captoia ibaU
be forfeited to his Majefty, fSc.
No Privateer, touching at any of the Ammctm Plantations, (hall can^ fhom
thence any Servant, without Confont of the Owner, or any other Perfon without
his Ticket of Leave to depart, but in ajl Cafes be fubjeA to the Laws of the
Country.
For the Encouragement of the Officers and Seamen of his Mi^efly's Shipf of
' War, and of all other Brittjh Ships, having Commilfions or Letters of Marauc ;
and for inducing all Britifh Seamen, who may be in any foreign Service, toictura
into this Kingdom, and become ferviceablc to his Msyefty, and for the snore
e^dhially fecuring and extending the Trade of his Majc^'s Subjedls, it is
enaQtdt (the fame as the preceding A£t entire, with the fallowing Additions,
vtz.") that all Commanders of private Ships of War, or Merchant wtips hairing
Letters of Marque, (hdl, on going into any of thofe Ports or HarboHrs, be fub-
jed to the feveral DireAions and FoiAitures by fiich Laws made aad-pranded.
Some Doubts having arifen upon theCeimru^on of Averal Ciauies'^^hi the
foregoing Aft of 13 Gto. \l. It is tiertfire tfyt£i*d, Iliat, After the firft Day Jt
jfufy, 1744, all Proceedings in any of his MajeAy'e Courts of Adjniral^, caa-
cerning the Adjudication and Condemnation <^ Prises takeo Atmi the Spam'^s,
fhall be according to the Method direfted and preferibed (by 'this prelient Adt.
Nothing in this A A contained (hall reftrain his MajeAy, hit Heirs and Succef-
fors, from giving fuch further Rdes and Directions to his refpedtive Courts of
Admiralty, for the Adjudication and Condemnation of Prizes, as by his Mijefty,
&C. with Advice of his privy Council (hall be thought neccflary.
And, as in all private Ships of War or Merchant Ships^ that fbali take out
Letters of Marque, it is expedient for the better Dilcijdine and Govemmectt of
fuch Ships, that all Perfons who ihall enter (hemfidves on board, fhould be wpder
proper Regulations, to pay Obrdience to the lawful Commands of -the chief
Commanders of the faid Ships : tt it therefore ena&ed. That all OAFences cf>«n-
mitted by any Officer or Seaman, on board any Privateer or Merdhant Ship; taking
Letters of Marque, durine the prefent War with Spain or France (bulibe eu-
r.ifhed in fuch Manner as the like Offences are puni^able on board his M«jefty'<
Ships of War.
All Offenders whofhall be accuied of fuch Crimes as are oognizable only4»y «
Court Martial, fhall be confined on board fuch Privateer, €ff. in which ifodiw-
fence fhall be committed, until thev fhaH arrive in fome Port iii Great Brkam or
Ire/and, or can meet with fuch a Number of -his Majefty's Ships of War tfbro«d,
as are fufficient to make a Court Martial j and, upon Applicarion made by -the
Commander offuchPrivateerto the Lord High Admirdl or GrM/ Ar//0w, Of'the
Commander in Chief of Ws Majeftyjs faid Ships .of War abroad j .th^ are4iereby
authorized and required to call a Court Martial^ for trying and puniffainc'the
faid Offences.
For Advancement of the Trade of Great Britaint to, and -In, -the Anrerd Britijb
Sugar Colonies in die ff^e/l Indies in America, for the better Enrouragenaent of his
Majefty's Ships, and private Ships of War, and the annoying -and diminishing the
Power and Wealth of his Majefty's £nemies in thofe Parts; and,.fbr.thefflcreafe
of Shipping and Seamen, for thefe and other Services, it is enaSled, thi|t no
Mariner, or other Perfbn, who fhi^ferve, or be retained toferve on board any
Privateer, or trading Veffel, that fhall be .employed in any of'the Britifh Sugar
Colonies in the Weft Indies in America, &c. fhall be imprmed or taken away by
any Officer belonging; to any of his Majefty's Ships of War, unlcfs fuch ^M<triner
fhall have before defcrted from fuch Ship of War, at any Time after the 24th of
June, 1746, upon Pain that the Officer fo imprefling, &c. contrary to the Tenor
and true Meaning of this Aft, fhall forfeit to the Marter or Owners of fuph Vef-
fel, 50/. for every Man he (hall take, with full Cofts of Suit, ^c.
Every Mafter or Commander of a Privateer, or trading Veffel, before he (hall
receive in any of the Parts aforefaid, any Seaman, &c. to I'ervc on board, (hjiQ
endeavour, by all the Means he reafonably can, to difcover whether fuch Peirfon
hath
Of PRIVAtEERS, {^f. All
lum dererted fram uv Mm of W»r) vxt in C«f« «oy Commander (hall receive
any Mariner «n boara* jviUMWt fiilft aaviog Made Uich Endeavour towards a
Difcovery, or if he ihall know fuch a one to be a Peferter, he AiaU forfeit 50/.
for every Man )m/SmU fo mMMMuit 4li^c.
And every MaAer of a Merchant Ship, or Commaodcf of a Privatcer« before p. 4*9.
he ihall fet fail from any P«rt^tlomiQg to any of the faid Btitijb Sugar Colonies,
ihdtt deliver to the diiiif OiSocr pf the CwAooi of the Port he fails from, an
fxaA Lift c/ all the A4cn bdkwging to fiich Veflel, containing their Names,
hM», and Defcription of their Pcrfons, upon Pain of forfeiting 10/. for ^ery
Man he (hall receive on board, fSc.
JUpoD the Death or Altnratifoa of any S<«m«n, fh« Luft mud be altered, and
fliewn to Captains of Men of War j and, in Cafe any Mas bdongiag to his Ma-
j«lly's SJiips of War fhall be ft>and on board, whofe Name is not in the LiA, the
Mwber or Commander (hall forfeit 50/. for every fuch Mao, &r.
The Preamble fets fiorth. that hy the preceding A£t of i ^ Gn. II. the fole Pro« to gh. It.
Msty of all Veflcis and Merchaitdiie taken from the Spaamrds, is given to the P- S9i-
Ulcers, He. on board every Privateer (being firft adjudged lawful Prize) and
divcrfe Rules are therein euabli(hed for the Condemnation of fuch Prizes) and p. $91.
by the (kid A^ a Bounty it given to the Office ;• and Seamen, on their taking or
dc(bofing the EMmv's Sbips. and that by the foregoing A£t of 17 Geo. II. it
waa found jucdfary that the fame Encouragement (hould be given to the Captors
^ French %him, etc.
All fiaka. Bills of Sole* Contx$£ts, Agreements, and Aflignments of Shares p- $9^-
of Prizes, CSc. taken from the Enemy by Ships of War, or having Letters of
Marque, tvhich (hall be made at any Time, after the faid ift of June, (hall be
void and of none EffcO.
The Agbnta ace to pay the refpedtive Sha'rs of Prizes and Bounty Money to
•U SeMnen, ^c, as (hul appear in Perfon, or, in their Abfence, to their lawful
Attornies, impowered by them, in Manner hereinafter directed, or to their Execu-
ton, tfc. without any regard to Bargain or Sale what(i>ever, concerning the (ame.
Aiter the (aid ift of June, no Letter of Attorney, made by ai^ Seaman, Gfc in
•By Ship of War, or having Letters of Marque, or by their Executors, &r. in or*
dcr to impowcr any Perfon to receive any Share of Prizes or Bounty Money, (hall
be valid, unlefi the fame be made revocable, and for the Ufe of fuch Seamen, and
be figned and execnted before, and attefted bv, the Captain and one other of the
figning Officers of the Ship, or the Mayor or chief MagUlrate of fome Corporation.
As cvciy War produces Alterations, the following have been made (ince the
prefent. commeodnB in 1796.
If any Captor or Claimant fliall not reft fattsficd with th- Sentence given in the 19 Cn. U.
Admiralty Court abroad, the Party aggrieved may appeal to the Commiilioncrs
of Appcaii in CtaCtt of Prizes, in Great Britmm the fame to be allowed in like
Manner as Af^ieals iaooi the Court of Admiralty in this Kinidom, fo as the
iiupae be made within fourteen Days after Sentence, and Security be given to pro-
fecute fuch Appeals, and anfwer the Condemnation, and to pay treble Cofts, in
Cafe the Sentence be affirmed.
The Evecittion of any Sentence (hall not be fufpendcd by Reaibn of fuch
Appeal, in Cafe the Party appellate give Security to be approved of by the Court,
to reftore the Ship or fiffeds, or mc full Value thereof, to the Appellant, in
Cafe the Seiuence mail be reverfed.
If any Pet(bn, who was not a Party in the iirft Inftance (hall interpofe an Ap«
SaI frem a Sentenco given in any Admiralty Court, fuch Perfon, or his Agent,
•H, at the fame Time, enter bi« Claim, otherwife fuch Appeals (hall be null
and void.
AH Appnifemaats and Sales of Ships or Merchandizes, taken by his Majefty's
Sbipa of War. ve to be made by Agents appointed in equal Numbers by the
Flag Ofikers. Chains, Officers, Ship's Company, and others entitled there-
unto,, visn. If the Flag Officers, or Flag Officer, of any Fleet or Squadron,
which (hail take anyPirize, (or the Majority of fuch Flag Officers, if more than
one) (ball aepoint one or more Agents, to fell or appraife the fame, then the
Ci^taifM and Commanders (hall nominate the like Number to a<^ for them, and
a all
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iti 0/ PRIVATEERS, &c.
all the other Officen (hall appoint the like Number to aft for thcmi and all tlie
Crevr of the feveral Ships Companiea entitled thereto, (hall appoint the fame
Number of Agents to aA on their Behalf.
But nothing herein it to extend to alter iny Afraement between the Owneri,
Officers and Seamen of Privtteen.
All Agents for receiving the Bounty for Head-Moner art to exhibit and re-
gi(ter in the Court of Admiralty, where the Prite (hall be condemned, their
Letters of Attorney appointing them Agents i and if any Agents (hall refufe or
negleA fo to do for iix Months after Condemnation, he is to forfeit 500/. to b«
recovered by the Profecutor.
If any Agent is appointed after Condemnation, he muft make the fame Re*
giftry under the fame Petialty.
After the Sale of any Prize taken by any of his Majefty's Ships of War, pub-
lick Notice is to be given by the Agents of the Day appointed for Payment of
the Shares to the Captorsi after which, if any Mens Shares (hall remain in their
Hands, cither belonging to fuch Men as (hall be run from his Majefty's Service*
or not be legally demanded in three Years, the fame are to go to the Ufe of
Greenwich llofpital; '
If any VcfTel (hall be taken by Oollufion by a Man of War, the Comnuuider
or Captain (hall forfeit 1000/. one Moiety to the Ufe of his Majefty, the other to
the Prol'ecutor; and he (hall forfeit his Employment, and be incapable of any
OfHcc under his Majefty, during the Space of feven Yean, and the Gooda*
Ship, Tackle, fSc. fo taken by Collufion, (hall be adjudged good Prize to his
MajcfW.
Perlons belonging to his Majefty's Service, who (hall run away from their
Ships before Notification of the Payment of Prizes or Bounty Money, are not
entitled to their Shares, but the fame fliall go to Greetmicb Hofpital.
And, if they run away after Notification given, they forfeit fuch Part of their
Shares as (hall remain in the Agents Hands.
All Agents, &r. who (hall difpofe of any Prize, are, within three Months
after the Day of the (irft Payment to the Captors, to tranfmit to the Treafurer of
Greenwich Hofpital, fSc. a true State of the Produce of fuch Prizes, together
with an Account of the Payment of the feveral Shares to the Captors, u (hall
then have been made; and all Perfons authorized to receive Bounty Bills are, in
like Manner, to tranfmit an Accbunt of the Payment of the Shares} and all
Agents, &c. v. .10 (hall difpole of any Prizes taken by any of his Muefty's Shipa
of War, or that (hall have received or difpofed of any Bills for Boun^, are,
v.'ithin three Months after the Term of three Years, limited by this kst, to
make out an exa€l Account of the Produce of fuch Prize and Bills for Bounty;
as alfo of the Payments of the feveral Shares to ithe Captors, together with a
true Account upon Oath, to be taken before the Treafurer of the faid Hofpital,'
Qfr. in Writing under his Hand and Seal, of all Sums then remaining in their
Hands, which Money and Accounts they are at the fame Time to deliver, taking
an Acquittance for the fame. J i. ■?;■'!! - r .i-sr • -"\ .; mi. run t
The Perfons dirc<fted to deliver the Accounts before-mentioned, and tb pay
the Money within the Time before- limited and appointed) on NegleA are to
forfeit 100/. excluiive of the Money then in their Hands j one third to his Ma-
jefty, the other two Thirds to the faid Hofpital, with Cofts of Suit.
If any Fraud (hall appear in the Accounts, every Perfon, his Aiders and Abetters
are to forfeit 100/. over and above the aforefaid Penalties; one Third to his Ma-
jefty, oneThird to the Hofpital,and the other to the Informer, with Cofts of Suit.
No Agent may be fued by any Perfon who (hall be made Run from his Ma-
jefty's Service, in the Lifts certified of the Names of the Officers, Seamen, 6?f.
aftually on board any of his Majefty's Ships of War at the Taking of any Prize,
utuii the End of three Months after the Expiration of the three Years limited for
tlic Claiming of Prizts and Bpunty Money, unlefs fuch Perfon (hall, before any
Adion brought, obtain a Certificate of his R being taken oft*, and the Forfeiture
of his Share of fuch Prize and Bounty Money difcharged by the Commiffioners
uf the Navy, who fubfcribed the faid Lilts, and (hall produce fuqh Certiiicatei
to the Agents, and unlefs the Agent (hall refufe thereupon to pay the faid Prize
ami liomuy Money within two Months after fuch Demand and Certificate pro-
duccil. I The
0/ PftI V AT E£ RS, &t.
The Preamble feu forth, that repeated Complaints hnvin? been made of Pi- J'
Mcy and Robbery being committed on board fmall Ships and Boats being, or pre-
tending to be, Enslijh Privateers; and that it is apprehended thit moft o\ the Arts
of Piracy and Robbery havearifen from the Obligation on the Lords of the Ad-
miralty, to grant O .Timiffions to all Commanders of Ships or Veflels of what
Burthen foever, without DiAinAion : To remedy which Inconveniency it is enabl-
ed, that fuch Commiflions (hall be abfolutely repealed and made void.
But it is further ensv^ed, that from and after the firft of JuHf, 1759, Commif-
fions (hall bei(rued at the Recjueft of any Owner orOwners, they giving fuch Se-
curity as is herein after-mentioned} and that all Ships, Ve(rel8, Goods, Cic. taken
by any fuch Privateer, (being (iril adjudged lawful Prize) (hall wholly belong
to the Owners and Captors, in fuch Manner as (hall be agreed on among them*-
felves, and neither his Majedy, or any Admiral, Vice-Admirol, Governor, or
other Perlbn whatfoevcr, except as to the Cuiloms and Duties.
No Commi(rion (hall be granted, if in Europe, except the Veflcl be of 1 00 Tons
Burthen, carrying 10 Carriage Guns, being three Pounders, and 40 Men at lea/Vi
or unlefs the Lords of the Admiralty, or Perfons authorized by them, (hall think
fit to grant the fame to any Veffcl of inferior Force or Burthen.
The Lords of the Admiralty may at any Time, by an Order in Writing,
revoke any Commi(rion.
In fuch Cafe the Secretary of the Admiraltv is required with all convenient
Speed after any Coinini(non (liall be fo revoked, to give Notice in Writing to the
Owners, Agents, or Sureties of the Ship or VelTel, named in fuch Order of Re'^
vocation : And, if fuch Ship (hall be in ^e Channel, the Order of Revocation
(hall be effeflual to fuperfede the faid Commiflion, at the Expiration of twenty
Days from fuch Notice, or fooner, if the Notice (hall be given to the Com-
tnander of the Veffel : If (he (hall be in the northern Seas, at the Expiration of
twenty Days, and, if to the fouthward of Cape Finifterre, or in the Meditetranearii
at the End of fix Weeks : If in North America or the Weji Indies, at the Expiration
of three Months; and, in the E^Ji Indies, at the End of fix Months: And the
Perfon concerned may complain of fuch Revocation to his Majefty in Council,
Vrithin thirty Days after the Notice is given, and the Determination of his Ma'>-
je(ly in Council (nail be final.
If the Order of Revocation (hall be fuperfeded, the Commi(rions (hall be
deemed to have continued in Force* in the fame Manner as if no fuch Revocation
had been made.
No Per(bn (hall be liable to be puni(hed for doing any Matter or Thing be<-
fore he (hall have received perfonal Notice of fuch Revocation.
Before the granting any Commiflion, ufual Bail or Security (hall be taken,
each Perfon being Security making Oath before the Judge of the Admiralty, &r.
that, at the Time of their being fworn, they were worth more Money than the
Sum for which they are then bound, exclufive of their juft Debts: And the
Mar(hal of the Court, &r. is diredlcd to make Enquiry of the Sufiiciency of fuch
Security, and report the fame to the Judge or his Surrogate, before fuch Com-
mi(rion (hall be granted.
All Perfons applying for Comniifiions are to make Application in Writing,
and fet forth therein a particular and exaA Defcription of the Ship or Veflei,
fpecifying the Burthen, and the Number, and the Nature, of the Guns on board,
to what Place belonging, and the Names of the principal Owners, and the Num-
ber of the Men, (all which Particulars are to be infertcd in the Commifilon)
and every Commander (hall produce fuch Commifilon to the ColleAor, (Sc. of
the Port from whence fuch Ship or Vefliel (hall be firft fitted out, or to the lawful
Deputy of fuch Colledlors, Gfr . who are required to infpeA the faid Ship, with-
out Fee or Reward, fo as to afcertain the Burthen, Number of Men, and Num-
ber and Nature of her Guns: And if they (hall find the fame to anfwer the
Tenor of the Defcription in the Commidion, or be of greater Force, they are
immediately, upon tne Requeft of tht Comra-wder, to give him a Certificate
gratis, which (hall be deemed a nece(rary Clearance, before fuch VeflTel (hall be
permitted to fail from that Port : And if the Commander (hall depart without
fuch Certificate, or proceed upon a Cruize with a Force inferior to that mentioned
% I in
ii3
G„. II,
! t
214
I*-'
Of PRIVATEERS, ^e.
In hit Commiflion, or required by tbi* A£t, the ComtnKTion diall frora tbcnctf-
forth be null and voidi end the Commander, being conviAed before anv Court
of Admiraltyt ihall be imprilbncd without Bail or Mainprize, for fucn Space
•s the Court ihall diredt, not exceeding one Year for any one Offence.
If any CoUeAor. (£c. Ihall grant a CertiAcate for any Veifcl which (hall not
be of the Burthen and Force fpecified in the Commi/Tion. or of icrcater Burthen
and Force than Hiall be mentioned therein, he fhall forfeit his OfKcc, and be for
•ver after incapable of holding any O^e in the Cudomst and (hall alfo forfeit
lOo/. one HaUto the Informer, and the other to the Corporation fur the Relief
of fick and difabled Seamen in the Merchants Service t or. if the Forfeiture Hiall
be incurred in an Outport, where there it a Corporation for Relief of Seamen,
then to the Trudeea of fuch Corporation.
The I'onagc of Vcffeli to be aliwrtaincd according to the Rules laid down by
the AA 8 Anna, fur making a D«ck at Liverpoole.
If the Commander of any privau Ship of War (hall agree to ranfom any neutral
Veffcl, or the Cargo, or any Part thereof, after the fame Hiall have been takeA
as Prize, and, in Purfuancc of fuch Agreement, difchargc fuch Prize without
bringing the fame into Ibme Port belonging to his Majclty's Dominions, he (hall
be deemed guilty of Piracy, Felony, and Robbery i and, upon Conviction,
ihall fuffer Pains of Death, Lo(ii of Lands, Goods and Chatties accordingly.
But the Commander of any private Ship of War, upon the Capture of any
neutral Ship, which (hall be liable only to the Forfeiture of fuch contraband
Goods as (hail be on board, may receive fuch Goods f''om fuch Ship, in Cafe the
Commander thereof is willing to deliver the fame, and may thereupon fet fuch
neutral Ship at Liberty) and if any Perfon ihall purloin or embezzle any con-
traband Goods before COndemoation, he ihall futtiur fuch Paint and Penalties at
are indiAed by Law on Peridot purloining or embezzling Goodt out of any
captured Ship.
All Books, Paper*, and Writings, found in any VeiTel, taken as Prize, ihall
be brought intotne Regiftry of the Court of Admiralty, wherein fuch VeiTel may
be proceeded againft in Order for Condemnation) but fuch only tranilated at
ihall be agreed or infiiled upon by the Pro^ors of the feveral Parties, Captora
or Claimants) or, in Cafe of no Claim by the Captor or Regiiler, to be neceiTary
for afcertaining the Property of fuch Veilcl «nd her Cargo.
No Judge, Regiiler, or Deputy Regiiler, Marihal or Deputy Marihal, or
any other Oiiiccr belonging to any Court of Admiralty or Vice Admiralty in
Great Britain, or Ire/ant/, or the Plantations, or elfewhere) nor any Advocate or
Prodor ihall be concerned in any Privateer, having Commiilion aforefaid, on
Penalty of forfeiting their Office and alfo lOo/. to hisMaj-ily; and every Advo-
cate or ProAor to be rendered incapable of praCliiing for th' future.
No RegiAer, or Deputy Regifter, nor any Marihal, nor . .yuty Marihal, of
any Admiralty or Vice Admiralty Court, ihall aA or be t oncerned, either di-
rcdtly or indiredUy, as Advocate or ProAor in fuch Courts to which they belong,
or, on Non-Obfervancc of this Claufe» ihall forfeit his refpedive Office and Em-
ployment in fuch Court.
If any Appeal ihall be interpoicd from a Sentence given in an Admiralty Court
in Purfuance of the Ad 29 Get. II. the Judge of fuch Court ihall, at the Uequeil
and Charge, either of the Captor or Cl.umant, (or of the Claimant only, in Cafs
where the Privilege is referved in Favour of the Claimant by any Treaty now fub-
fifting) make an Order to have fuch Capture appraifed, (unleis the Parties agree
upon the Value) and an Inventory taken, and then take Security for the full
Value thereof, and cauie fuch C^ture to be delivered to the Party giving fuch
Security, in the iame Manner by the former Adt, fuch Judge ought or could
hnve done before Sentence given, notwithftanding fuch Appeal) and if tlicre
ihall be any Difficulty or Objection to the giving or taking Security, the Judge
ihall, at the Requeft of either of the Parties, order fuch Goods and Efieds to
be entered, landed, and fold by publick Audtion, as Prize Goods now are, under
the Care and Cuftody of the Officers of the Cuiloms, and under the DiredUon
andlnfpcdtion of fuch Perfons as ihall be appointed by the Claimants and Captors;
the Produce to be depoiited in the Bank of England, or in fome publick Secu-
2 rities.
w-
Of PRIVATEERS, ^c.
fios in the Namei of fuch Trufleei ai the Ctptori and Claimanti (hall appoint,
fltui the Court (hall approve, for the Ufe and Benefit of the Partiei who (iiall be
uiiiudi|[cd to be entitled therctot and, if fuch Security (hall be given bv the
Cliimaiiti, then the Judffe (hall give fuch Capture a Fafs, to prevent iti being
taken again by hii MajelTy's Subjetlti in iti dchined Voyage.
Thii Ailt to continue in Forc« during the pre(cnt War with Fratut, and no
longer.
The Expence at the Admiralty Office of a Letter of Marque or a CommifTion
in i/. It. od. and at the Common* 9/. 14/. ti, but Pru^tori (when employed)
generally charge fifteen Cuineai.
M Ordrr from the Lordt if tht jUmiralty tt tbt Judge eftbt High Court tf
Admiralty, to m*k* out tbt Ctmmijjion.
By the CommiffioHtrt for txHuting tbt Offict of Lord Higb Admiral tf QrttX.
Britain and Ireland, (ic.
WHEREAS by hii MajeAy'i Commi(rion under the Great Seal of Great
Ihuain, bearing Date the We are re-
?uircd and authorized to ifTue forth and grant CommiiTions to any of hii MaijeOy's
ubjedlfi, or others, whom we (hall deem filly qualified in that Behalf, for the
apprehending, feizing, and taking the Shipi, Vefleli, and Good* belonging to
or the VufTuli and Suojedti of the King, or ochcri inhabiting wiihin any of
his Countries, Territories, and Dominioni, and fuch other Ships, Veifels and
Goods, as are or (hall be liable to Confifcation, purfuant to the refpedtive Treaties
between his Majefty and other Princes, States and Potentates, and to bring the
fame to Judgment in his Majefly's High Court of Admiralty o( England, or I'uch
other Court of Admiralty, as (hall be lawfully authorised in that Behalf, for Pro-
ceedings and Adjudication and Condemnation to be thereupon had, according to
the Courfe of Admiralty and Laws of Nations, with other Powers in the faid
Commifllon exprolTcd) a Copy whereof, together with his Majedy's Inflrudtions
under his Royal Signet and Sign Manual, remains with you : Thece are therefore
to will and require you, forthwith to caufe a Commidion or Letter -ii Marque to
be i(rued out uf the High Court of Admiralty unto
Commander uf the Ship called the Burthen
about Tons, mounted with Guns
and navigiteJ with Men, to fet forth, in warlike Manner,
the laid Ship called .he
whereof the faid if Commander, and to
apprehend, feize, and take the Ship*, Veflelt and Goods, belonging to or
the Vailals and Subjects of the King, or others inhabiting within any of hit
Countries, Territories and Dominions, and fuch other Ships, vefTels and Goods,
as arc ur (hall be liable to Confifcation, purfuant to the refpedtive Treaties between
his Maiefly and other Princes, States and Potentates, according to his Majefty't
Coniinillion and Inflrudtions aJforefaid. And you are to infert therein a Claufe,
enjoyning the faid to keep an txtSi Journal of his Proceed-
iiigc, and therein particularly to take Notice of all Prizes which (hall be taken
by him, the Nature of fuch Prizes, the Time and Place of their being taken, and
the Value of tliem as near as he can jud^t as alfo the Sution, Motion, and
Strength of the Enemy as well as he can difcovcr, by thebeft Intelligence he can
get j of which he is, from Time to Time, as he (hall have Opportunity, to tranf-
iiiit an Account to our Secretary, and to keep Correfpondence with him by all
Opportunities that (hall prefent. Provided always, that before you ifllie fuch
CommifTion, Security be given thereupon, according as is diredted by his Majefty'a
InArudtions aforementioned, and hath been uied in fuch Cafes. The faic* Com-
initrion to continue in Force until further Order: For which this (hall be your
Warrant. Given under our Hands, and the Seal of the Office of Admiralty,
this Day of 174
To Sir Henry Penrice, Knigbt,
Judge of' tbt Higb Court ^
Admiralty.
By Command o/tbtir Lonf/b^.
ai5
i'r
.:
i
f^.
i-s
^'■m
ai6
0/ PRIVATEERS,
I.
\U.:-
The CommiJJion.
GEORGE the Second, by the Grace of God King of Gredt Britain, France,
and Ireland, Defender of the Faith j To all People to whom thefc Prc-
fents (hall come greeting: Whereas We, by r>ur Declaration of the nineteenth
Day of O£iober, in the Year of our Lord one thoufandfeven hundred and thirty-ninf,
for the Keafons therein contained, have declared War againfl Spain; AnO
WHEREAS We by our Declaration of the twenty-ninth Day of Afi^rt-A, in the
Year of our Lord one tboufand J'even hundred and forty-four, for tlie Reafons therein
contained, have declared War againil France. And whereas We by our
.Commirtion under our Great Seal of Great Britain, bearing Date the eighteenth
Day of June following, have willed, required, and authorized our High Admiral
of Great Britain and Ireland, &c. for the Time being, and our Commiffioners for
executing the Office of our High Admiral of Great Britain and Ireland, &c. and
the Commiffioners for executing the faid Office for the Time being, or any three
or more of them, to iflue forth and grant Commiffions to any of our loving Sub-
jedts or others, whom our High Admiral aforefaid, or our faid Commiffioners
for executing the faid Office, and the Commiffioners for executing the fame for
the Time being, ffiall deem fitly qualified in that Behalf, for the apprehending,
feizing, and taking the Ships, Veflels, and Goods, belonging to France and Spain,
cr the Vaffals and Subjc^s of the French King or Kin' f Spain, or either of them,
or others inhabiting within any of their or either of their Countries, Territories,
and Dominions, and fuch other Ships, Veflels, and Goods, as are or fhall be
liable to Confilcation, purfuant to the refpedive Treaties between us and other
Princes, States, and Potentates, and to bring the fanu^ to Judgment in our High
Court of Admiralty of England, or fuch other Court of Admiralty as fhall be
lawfully authorized in that Behalf for Proceedings and Adjudications, and Con-
demnation to be thereupon had according to ttie Courfe of Admiralty and Laws
of Nations, and with fuch Claufes to be therein inferted, and in fuch Manner, as
by our faid Commiffion more at large appeareth. And wHEREAsourfaidCom-
tniffioners for executing the Office of our High Admiral aforefaid, have thought
fitly qualified, who hath equipped, fur-
nifhed, and vidualled a Ship called cf the Burthen of about
Tons, wheredf he the faid
is Commander. And whereas the faid hath
given fufficient Bail, with Sureties, to us in our faid High Court of Admiralty,
according to the EfFedl and Form fet down in our Inftrudtions made the faid
eighteenth Day of June, one thoufand /even hundred and forty-four, and in the
eighteenth Year of our Reign, a Copy whereof is given to the faid Captain
Know ye therefore, that wc do by thefe Prefcnts grant Commiffion to,
and do licenfe and authorize the faid to fet forth in warlike
Manner the faid Ship called the , under his own Command,
and therewith, by Force of Arms, to apprehend, feize, and take, the Ships, Vef-
b.\s, and Goods, belonging to France and Spain, or the VafTals and Subjcdls of
the French King or King of Spain, or either of them, or others inhabiting within
any of their or either of their Countries, Territories, and Dominions, and fuch
other Ships, VefTels, and Goods, as are or fhall be liable to Confifcation, purfuant
to the refpcftive Treaties between us and other Princes, States, and Potentates,
and to bring the fame to fuch Ports as fhall be mofl convenient, in order to have
them legally adjudged in our faid High Court of Admiralty of England, or before
the Judges of fuch other Admiralty Court as fhall be lawfully authorized within
our Dominions, which being condemned, it fhall and may be lawful for the
laid to fell and difpofe of fuch Ships, Veflels, and Goods, fo
adjudged and condemned in fuch Sort or Manner as by the Courfe of Admiralty
t^ath been accuflomed, except in fuch Cafes where it is otherwife diredlcd by our
faid Inflrudtions. Provided always, that the faid keep
an exad Journal of his Proceedings, and therein particularly take Notice of all
Prizes which fliall be taken by him, the Nature of fuch Prizes, the Times and
Places of their being taken, and the Values of them, as near as he can judge;
as alfo of the Station, Motion, and Strength of the Enemies, as well a& he or
i - his
IP-
Of PRIVATEERS, Wu
)li8^!anRef8Can dUcover fay the beft Intelligence he can get» and alfo of what«
foever die Sj«11 occur 'into him, or any of hU Officers or Mariners, or be d.f-
covered or d4fe!o(ed vnto him or them« or found out by Exanunation or Con
ference with any Mariners or Paffcngers of, or in, any the Ships or Veflfils taken*
or bir any other Perfon or Perfons, or by any other Ways and Means whatfocver,
toucning or concemiiw the Defigns of the Enemies, or any of their P'kets^
Veflels, or Parties, anaof their Staaons, Ports, and Places, and of their Intents
therein, and df what Merchant Ships or Veflels of the Enemies bound out or
home, or to any other Place, as he or hi> Officers or Mariners fliall hear of, and
of what elfe material in thofe Cafes may arrive to his or their Knowledge) of all
which he (hall, from Time to I'ime, as he (ball or may have Opportunity^ tranf-
mit an Account to our High AdminJ of Grtat Britaki tor the Time being, or our
faid Commiffioners for executing the Office of our High Admiral afore4id, oi
the Commiffioners *or executing that Office for the Time being, or their Secre-
tary, and to k^ j> a Corrdpomuttce with him or them by all Opportunities that
(hall prefeat. And purtAHR provided* that nothing be done by the (aid
or any of his Officers, Mariners, and Company, contrary to
the true Meaning of our afordiUd loftruOio^St but that the faid Inftrudlions (hall
. he by them, and each and every of them, as far as they or any of them are therein
concerned, in all Particidars.WdU and duly performed and cbfcrved. And Wc
pray and defire all Kiogs, Princei, Potcnt»te$, Edates, and Republicks, being
.oar Friends and Allies, and all others to whom it (hall appertain, to give the
faid dl Aid, A(fiftaace, and Succour, in their Ports,
with his faid i^ip, Compatty« and Priaes* without doing or fufFering to be do le
to him any Wrong, TrouMe M Hindrance, We offering to do the like when
we (hall be by them thersoiilo 4efircd. Av o We will and require all our O^Hcers
Whatfoevcr, to give him Suoeotir %sA Affiiftaace as Occafion (hall require. Lv
Witness whereof we have cauAd the Greilt Seal of our High Court of Ad-
miralty of EHg/aki to be hereunlo affixed, Givm at Lomkn iSe
Day of hi die Year of our Loud mu tipiffi m J /evm hundred and forty^
fourf and in the eighteenth Ytar of our R*iga,
417
H
!■>
^i^
fextradled from the Regiftiy of the High Court of Adiniitdty of Englandi
GEORGE R*
iNSTktJCTlONd fot' the CmmoHJen tffucb Mercbtmt Sbtfa and V^els at
tiu^ bav* Lttttrtijf MaratUt or Gtmmigioiu for Private Men ^'War agamft the
Kmg ^Sp«in« bu Viffals and Su^le£t*, «r etbers inhabiting within any qf his
Ctuntriet, T^rriuriet, or DontinioiUt ijf Vtrtue tfoitr Cmi^ffion granted under
the Grtat Staltf Great Britaiii, beanng S>0te the thwtktb Day ofHowmher,
1739. Giveu at oar Court at St. James's^ the tbktieth DOf of November,
17J9, M the tbtrtoMtb feat ^ out Rfijgm
I. np H A T it (haH be Uwfbl for the faid Commanders of Mer*
J|[ chant Shlpa and VeAidc authorized by Letters of Marque, or Com-
miffions for private Nfen of War, to fet upon by Force of Arms, and fubdue
and take the Men of War> Ships, and ether VefTels whatfoeverj as alfo the
Goods, Monies* and Merchandizes, bektiigiqr to the Kinf of Sfain, his
ValFak ind Subjeds, and others inhabiting within any of his Countries, Ter-
ritories and Dominions, and fadti ether Ships, Veflels, and Goods, as are, or
(hall be, liable to Confifcation, pariiiaBt to the Treaties between us and other
Princes, Sutes, and Potentaiia: Blit fo as that no Moftility be committed,
nor Prize attacked, feized, or taken, widiin the Harbours of Princes and
States in Amity with ui, or in their Riv«rs or Roads, within Shot of their
Cannon.
i'r-^/
I"
n. That
Mi/ ■
218 Of PRIVATEERS, ^c^
II. That all Ships, of what Nation foever, carrying any Soldiers, Arms,
Powder, Ammunitibn, or any other contraband Goods, to any of the Territo-
ries, Lands, Plantations, 01' Couhtries of the King of SfasH, (hall be feized as
Prizes
III. That the faid Commanders of fuch Merchant Ships und VefTeli fh^I
bring Aich Ships ftnd Goods as they have feized, or (hall (o ftize and take,' fo
fuch Port of this our Realm of England, or fome 'Other Port of our Dominiohs
as fliall be moft convenient for them, in order to have th* fame legally adjudged
in our High Court of Admiralty of England, or before the Judges ol fuch either
Admiralty Court, as fliall be lawfully authorized within our Dominions: Bftt
if fuch Prize be taken in (tii Medkerrfmean, or ^hhin the Streigbtt of Gibraltar,
then the Captor may, if he doth not think fit to'bring the fame to fome Port of
England, or other our Dominicms, carry fuch Ship and Goods Into the Potts of
fucn Princes or States as are in Alliance or Amity wth us.
IV. That after fuch Ship fliall be taken and brought intb arty Port, the Taker
Ihall be obliged to bring or fend, 4S foon as poflibfy may be, three or four of the
principal of the Company (whffthWihe Mafter and the Pilot to be al;^ays two)
of every Ship fo brought into Port, before thtf Judge of the Admiralty of Eng-
land, or his Surrogate, or before- the Judge of fuch othef Admiralty Court,
within our Dominions, as fliall be lawfully authorized as aforelkid, or fuch as
fliall be lawfully commiflioned in that Behalf, to be fwom and examined upon
fuch Interrogatories as fliall tend to the Dlicovery of the Truth; touching theln-
tereft or Property of fuch Ship or' 'Ships, and of the Goods and Merchandizes
found therein : And the Taker fliall be further obliged at the Time he produceth
the Company to be examined, to bring and deliver into the Hands of the Judge
of the Admiralty of England, his Surrogate, or the Judge of foch bther Admiralty
r jurts wichin our Dominions, as fltall be lawfully audM>rized, or others com-
miflioned as aforefaid, all fueh Pafles, Sea-Briefs, Charter-Parties, Bills of
Lading, Cockets, Letters, and otiier Docun^ttta and Writings as fliall be de-
livered up, or found on bogrd any fuch Shiji^ the faid Taker, or one of his
chief Officers, who was prefentf ajid faw the faid Papers and Writings delivered
up, or othcrwife found on board at the Time of the Capture, racing Oath,
that the faid Papers and Writings are brought and delivered in, as they were
received or taken, without any Fraud, Addition, Subdu£tion or Imbez-
zlement.
V. That fuch Ships, Goods, and Merchandizes, taken by Virtue of Letters
of Marque, or Commiffions for private Men of War, fli^l be kept and'pre-
ferved, and no Part of them fliall be fold, fpoiled, wafted, or diminiflied, and
that the Bulk tliereof fliall not be bfoken before Judgment be ^iven in the High
Court of Admiralty of England, or fome other Court of Adrhiralty lawifuUy au-
thorized in that Behalf, that the Ships, Goods, and M^rdiandizes are ItrH^ful
Prize} and that no Perfon or Perfons taken or fulrprized Ih any Ship or Veffel,
as aforefaid, though known to be' of the Enemy's Party, fliall be in cold Blood
killed, maimed, or by Torture or Cruelty' inhumanly treated, coiltrary to the
common Ufage and juft Permiflion of War) and \^ofbever fhall offend in any
of the Premises, fliall be feverely puniflicd.
VI. That the faid CommandetB of fuch' Merchant Ships ahd Vefieh, who flidl
obtain the faid Letters of Marque or Commiflibns, as aforefaici,'for private Men of
War, fliall not do or attempt any Thing againft the true MeaMhg of any Article
or Articles, Treaty or Treaties, depenmng between us and'ithy of our Allies,
touching the Freedom of Commerce irt the Time of War, and the Authority of
the Paflports, or Certificates nnder a certain Form in fome bne of the Articles
or Treaties fo depending between us and our Allies, as aforefaid, when produced
and fliewed by any of the Subjedls of our faid Allies, and fliall not do or attempt
any Thing againft our loving Subjects, or the Subjeds of any Prince or State in
Amity with us, nor againft their Ships, VeflTels, or Goods, but only againft the
King of Spain, his Vaflals and Subje^s, and others inhabiting \vithm his Coun-
tries, Territories or Dominions, their Ships, Veflcls and Good?, except as before
excepted; and againft fuch other Ships, Veflels and Goods, at arc or fliall bo
liable to Confifc atioi\.
VI
Comn
keep!
demn
pofei
Mahn
M^rd^
atlisi
Eap-1
be dc]
0/ P R I V A T E E R S, ^c.
VII. That after Condemnation of any Prize, it fliall or may be lawful for the
Commanders of fuch Merchant Ships or Vclfels, or the Owners of the fame, to
keep fuch and fo many Ships, Vcfll ts, Goods and Merchandizes, as fhall be con-
demned to them, for '^wml Prize, in their own PoffeiTion, to make Sale or dif-
pofc 'thereof in open Market, orothcrwife, to their beft Advantage, in as ample
Mahhcr as at any Time heretofore has been accuftomed in Cafes of Letters of
Mird^c, or of juft Prizes in Time of War j other than Wrought Silljs, Bengals,
arirf. Stfaffs mixed with Silk or Herba, of the Manufadlure oi Perfta, China, or
Eajl-m^lil, or CallicoeS painted, dyed, printed, or ftained there, which are to
be dcpofitcd for Exportation, according to the Diredtions of an Ad made in the
clc^ti^' Year of the Reign of the late King^;//ww, entituled, An ASi for the
mori.^eSlual employing the Poor by encouraging the Manufatlures of (hit Kingdom:
And.'uiat'it fliall be lawtui for all Manner of Perfons, as well our Subjedls as
cthcrii'adcordlng to Law, to buy the faid Ships, Vcflels, Goods, and Merchandizes,
fo taken and condemned for lawful Prize, without any Damage or Moleftation
to enfue thfcreupon to the faid Buyers, or any of them, by reafon of the contra(iU
ing' or' biealing for the fame.
Vni. That if any Ship or Vcflel, belonging to us or our Subje(fts, or to our
Allies or their Subjects, Ihall be found in Diftrcfs, by being in Fight, fet upon,
or taken by the Enemy, the Captain, Officers, and Company, who fliall have
fuch Letters of iy(ar(jue or '^oimmiffions, as aforefaid, fliall ufc their bcfl En-
deavours to give Aid aAd Succour to all fuch Ship or Ships, and fliall, to the
utmoft of their Power, labour to free the fame from the Enemy.
IX. That our Subjedls, and all other Perfons whatfoever, who fliall either in
their own Perfons fcrve, or bear any Charge, or Adventure, or in any Sort fur-
ther or fet forward the faid Adventure, according to thefe Articles, fliall ftand
and be freed by Virtue of the faid Commiffion; and that ho Perfon be in any
wife reputed or challenged for an Offender againft our Laws, but fliall be ''^eed,
under our Protedlion, of and from all Trouble and Vexation that might in any
wife grow thereby, in the fame Mmner as any other our Subje(fts ought to be by
Law, in their aiding and aififting us, cither in their own Perfons, or otherwife,
in a lawful War ugainft our declared Enemies.
X. That tlie faid Commanders of fuch Merchant Ships and VeflTels, or their
Owners or Agents, before the taking out Commiflions, fliall give Notice in
Writing, fubfcribed with their Hands, to our High Admiial of Great Britain,
ibr the Time being, or our Commiflioners for executing the Office of our High
Admiral, or the Commiffioners for executing that Office for the T'me being, or
the Lieutenant or Judge of the faid High Court of Admiralty, or his Surrogate,
of the Name of their Ship, and of the Tonnage and Burthen, and the Names of
the Captain, Owners or Settets out of the faid Ship, with the Number of Men,
and the Names of the Officers in her, and for what Time they are viftualled,
and alfo of their Ordnance, Furniture and Ammunition, to the End the fame
may be regiftcred in the faid Court of Admiralty.
XI. That thofc Commanders of fuch Merchant Ships and Vcffcls, who fliall
have fuch Letters of Marque, or Commiflions, as aforefaid, fliall hold and keep,
and are hereby enjoined to hold and keep, a Corrcfpondence, by all Conveni-
cncies, and upon all Occaflons, from Time to Time, with our High Admiral of
Great Britain for the Time being, or our Commiffioners for executing thi.
Office of our High Admiral, or the Comiriffioners for executing that Office foj:
jhe Time being^ or their Secretary, fo as, from Time to Time, to render and
give unto him or them, not only an Account or Intelligence of their Captures or
Proceedings, by Virtue of fuch their faid Letters of Marque, or Ccmmiflions,
as aforefaid; but alfo, of whatfoever elfe fliall occur unto them, or be difcovered
and declared unto them, or found out by them, by Examination of, or Con-
fciencc with, any Mariners, or Paflengers of or in the Ships or VeflTels taken,
or by any other Ways or Means whatfoever, touching or concerning the Deflgns
of the Enemy, or any of their Fleets, Ships, Veflcls, or Parties; and of the
Stations, Seas, Ports and Places, and of their Intents therein; and of what
Merchant Ships or Veflcls of the Enemy, bound out or home, as they fliall
hear of; and of what elfc material in thcfe Cafes may arrive to their Knowledge,
to
2,19
If. ' J
f ' '
^U " '
if
420 0/ PRIVATEERS, ^f.
to the End fuch Courfe may be thereupon taken, and fuch Orders given, as may
be requifite.
XII. That no Commander of a Merchant Shijp, or Veffcl who fliall have a
Letter of Marque or Commiffion as aforefaid, fliaJl prcfurae, as they will anfwer
it at their Peril, to wear any Jack, Pendant, or arty other Enfign or Colour
ufually borne by our Ships, but tnat, befides the Colours borne ufually by Mer*
chant Ships, they do wear a red Jack with the Union-Jack, defcribed in the
Canton at the upper Corner thereof near the Staff; and that one third Part of
the whole Company of every fuch Ship or Veffel fo fitted out as aforefaid* flull
be Land-men.
XIII. That fuch Commanders of Merchant Ships and Veflels who fliall obtain
fuch Letters of Marque or Commiflions, as aforefaid, fhall alfo, from Time to
Time, upon due Notice being given them, c^fervc ail fuch other InfbuAioiis
and Orders as we fhall think nt to dire^j for the better carrying on of this
bervice. ,. , ,
XIV. That all Perfons who fhall violate thcfc InflrudUons fhall be feverely
ponifhed, and alfo required to make full Reparation tc Perfons injured, con"
trary to thefe Inftru^ons, for all damages they fhall fuflain by any Capture*
Embezzlement, Demurrage, or otherwife.
XV. That before any fuch Letters of Marque, or CommifHons, iffued under
Seal, Bail, with Sureties, fhall be given before the Lieutenant and Judge of our
High Court of Admiralty of Endand, or his Surrogate, in the Sum of three
thouland Pounds Sterling, if the Ship carries ^bqve one hundred and fifty Menj
and, if a lefTcr Number, in the SuRi of fifteen hundred Pounds Sterling:
Which Bail fhall be to the Effed, and in ^e' Form following :
w
H I C H Day, Time and Place pecfpnall^ apj^(;d
who fubmittitig themfelves to the JurifdI(flion of the High Court of Admiralty of
England, obliged themfelves, their Heirs, Executors and AdminiAratorJ»( to our
Sovereign Lord the King, in the Sum of
Poundt of lawful Money of Or/Otf/ J?r/><;/jy, tothisEffeA; that is to fay. That
whereas
is authorised by Letters of Marque, or a Commiflion for a private Man of War,
to arm, equip, and fct forth to Sea, the Ship called the
of the Burthen of about Tons, whereof he the faid
gocth Captain, with Men, Ordnance, Ammunition and Vic-
tuals, to fet upon bv Force of Arms, and to fubdue, fcize, and take the Men of
War, Ships, and other VcfTels whatfoever, together with the Goods, Monies, and
Merchandizes, belonging to the Kingof 5/<2m, or to any of his Vaflals and Sub-
jedls, or others inhabiting within any of his Countries, Territories or Dominions
whatfoever, and fuch other Ships, VefSsIs, and Goods, as are or fhall be liable to
Confifcation, excepting only, within the Harbours or Roads within. Shot of the
Cannon of Princes and States in Amity with his Majefliy. And whereas he, the
faid has a Copy of certain Inflruiftions, approved of,
and paffed t^his Majefty in Council, delivered to him to govern himfelf therein,
as by the Tenour of the faid Commiffion, and of the Inflruftions thereto relating,
more at large appearcth. If therefore nothing be done by the faid
or any of his Officers, Marmers, or Company, contrary to the
true Meaning of the faid Inflrudtions, but that the Commifnon aforefaid, and the
laid Inflruftions, fliall in all Particulars be well and duly performed and obferved
as far as they fhall the f lid Ship, Captain, and Company, any Way concern : And
ihcy, or any of them, fliall give full Satisfadion for any Damages or Injury which
/Ijall be done by them, ir any of them, to any of Ills IVTajcfty's Snbjcdts or Allies,
or Neuters, or their Gubjcdls: And alfo fliall duly and truly pay, or caufc to be
(laid, to his Majcfly, or the Cuflomers or Officers appointed to receive tlic fame
lor hi'. Majefty, the ufual Cuftoms due to his Majclly, of and for all Sliips and
fiooih, fo as aforefaid taken and adjudged for Prize : And mcrcover, if the
I laid
•0/ PRIVATEERS, ^c,
faid ^U not take any Ship or Veflel, or any Goods
and Merchandiies belonging to the Enemy, or otherwife liable to Confifcation
through Confcnt, or clandcftinely, or by CoUufion, by Virtue, Colour, or
Pretence of this faid Commiflion ; tnat then this Bail fhall be void, and of none
Effeft : And unlefs they (hall fo do, they do all hereby feverally confent that
Execution ihall iffue forth againft them, their Heirs, Executors, and Adnuni-
ftrators. Goods and Chattels, wherefbevcr the fanae fhall be found, to the Value
of the faid Sum of Pounds,
before mentioned. And, in Teftimony of the Truth thereof, they have here-
unto fubfcribed their Namesv
fy bis Majefty's Commuul,
Harrington.
Exam. S. HiLt, Regifter.
221
'l^'
W^^ ,:
An Addition At INo fRUCTION to all fucb as have or Jhall bitve
Letters of Marque, or Commiffions for Private Men of War, in purjuance of d
Warrant from bis Majejiy, dated toe feventb Dty of April, 1743, JireSed to the
Cottimifjioners for executing tbe Office qf Lord j£gb Admiral of Great-Brittin
and Ireland, Kc. and of a H^arrant in purfuance thereupon, made by the Right
Honourable tbe Lords Comtnjffioners for executing tbe Office of Lord High Admiral
of Great-Britain and Ireland, txx.. dated the ninth Day of April, 1743,
direSied to Sir Henry Pcnrice, knight, Judge of the High Court of Admtraftj
of England.
TH A f all Captains and Connnanders of Ships, who have, or fhaH have
Letters of Marque, or CommHUbne for I^rivate Men of War, are hereby
required and enjoined to obferve carefully and religioufly the Terms of the
Treaty Marine, between his late Majefty Ring CHARLES the Second, and
their High MightineiTes the States General of the United Netherlands, concluded
at London the Srft of December, 1674, Old Style, and confirtned by fubfequent
Treaties : And they arc. hereby required to give Secvritjr purfuant to the Tenth
Article of the afoteiaid Treaty Manne, for toe due pertorman£e thereof.
Exam. 5<»i«f/£Efi7, Regifter.
m
-.1 ^.w^.
OF A
FtlVATItt.
The following are fuch Articles of Agreement as> were commonly entered into
by the Captains of Privateers in the late War and their Crews, which I publifh
as a Copy for my Reader to have Recourie to^ in cafe any future Rupture fhould
render it uf^ul, viz.
A RTlCLES agreed between Captain ./f. B. Commander of tbe Prrvtfft Articmi
/V Man of War, cadlcd the 'terrible (with twenty Guns mounted, carrying
mnePound Shot, t-menty Braft Pattrtrots, f(mr Mortars, and fome Wall-Pieces,
manned with fwo hundred Men, now lying at Cburcb^Hole, defigned to cruize
aglinft the Prench and Spaniard/) on the one Paft, and the faid Ship's Company
on the other, teitn^etb,
I. That the faid Captain A. JS. for himielf, and in Behalf of the Owners of
the faid Ship ^Terrible, (hall put on board her, great GuAs, Swivels, Powder^
Shot, and all other warlike Ammunition neceuary for them; as alfo fmall
Arms, and Provifions fuHicient for the faid Ship's Company for a fix Months
Cruize at Sea, from their Sailing from the Downs i in Confideration of which,
the Owners, or their AiTigns, (hall be reimburfed (out of the iirft Prize, or Pri7cs
taken by the faid Ship Terrible, before any Dividend is made thereof) the whole
Charge of warlike Stores (great Guns and fmall Arms excepted) Vidhialling,
Advance- Money, and the Expenccs the Owners are at for the Surgeon's Chell,
3 L and
"mi
in '? ■. .1.'
Wli'f'
;•■*'
222 Of PRIVATEERS, ^t^.
i\nd a Set of Mufick; after which one .lalf of the neat Proceeds of fuch Prize or
PriTTs as fliall be taiccn, to be for the Account of the Owners, and at the Dif-
pofition ofihe Managers; and the other half of fiich neat Proceeds to the fole
Property of the Ship's Company ; the Captain's Share of which to be 6 (injbme 8 )
fcr Cent iind the Refidue to be divided in the Proporuons mentioned in the
eleventh Ar'ticle of thefc Prefeftts.
2. That for preferving a Decorum en board the faid Private Man of War, no
Man is to quit, or go out of her, on board of any other Veflel or Veffcls, or on
Sho.tr, without Leave obtained of the commanding Officer on board, under the
Penalty of fuch Punishment as fhall be efteemed' proper by th; Captain and
Ohicers.
3. That it fliall he entirely m the Captain's Power to cruize where he (hall
tftcem mdft beneficial, for the Intereft of the Owners, anJ Chip's Company.
(/« lome, it is, to cruize where tie Managers, an J in others, where the Owners
fiall d'lri-fi.)
4. That if any Terfon be found a Ringleader of Mutiny, or caufing a DiAurb-
ance on board, rcfufe to obey the Command of the Captain and Officers, be-
have with Cowardice, or get drunk in Time of Aftion, he or they fhall forfeit
his or their Share, to be divided ampngft the Ship's Company; and be otherwife
puniftied according to Law. ' ',
5. That all Clothes, Bedding, Watches, and Rings in wear. Buttons, Bucklet,
and what elfe is deemed fmall Plunder by Cuflom, is to be divided amongft the
Ship's Company, according to their fevtral Stations, the Captain not to interfere
with them ; the Cabin Utenfils in prefent Ufe for the Commander.
6. That if any Pcrfon fliall ftcal, or convert to his Ule, .uiy Part of the Prize
or Prizes, or be found pilfering any Money or Goods, and be convicted thereof,
he (hall forfeit his Share to the Ship and Company
7. The Captain has the Power of taking out of anv Prize, or Prizes, whatever
Stores he may judge neceffary for the Ship Terrible, without paying for them i
provided the Prize is not difabled thereby.
8. That whofoever firft fpies a SwJ, which Prove s to be a Prize, fhall have
feven Pounds {injbme onfy one Gtmea, m others froe) and the firft Man proved to
board a Prize before fhe ftrikes, Oiall have a Gratuity often Pounds, {in fame
fen, and in others fifteen Guineas) for his Bravery, to be deduced out of the Grofs
Sum of the Prize.
9. That if any Private Man fhall lofe a Leg, Arm, or Eyes, in Time of
Adlion, or in the Ship's Service, he (hall, befldes the Advantage of Greenwich
Hofpital, have a Gratuity of 25 /. and in Proportion to the Officers, excluilve of
Shares {in others onfy 20/ to a private Man, 50/. to the Captain, 40 /. to the Jirjl
Lieutenant, and 30 /. to each of the other Lieutenants, Majier and Surgeon) the faid
Sun. o be deduded out of the grofs Sum of the Prize; and in cafe of Mortality
under Ciire, the faid Gratuity and Shares to be made good to their Afligni'.
I o. That for the farther lEncouragement of the faid Private Man of War's
Company, it is agreed, that the chief Officers fhall have fix Guineas, the Petty
Officers and able Seamen five Guineas, able bodied Landmen three Guineas, and
Boys one Guinea, advanced to them in the Hope, {'injbme, the Oficers and Seamen
have onfy Jive Guineas, and the Landmen two.)
II. Thatthehalf ofthe neat Proceeds of'^all Prizes, taken by the Ship Trm^/^,
which is appropriated to the Ship's Company, be divided amongft them in the
Manner following, after the Captain's 6, or 8 per Cent, {as JbaU be agreed) is
taken thereout as above.
When the Captain has not the abovcmentioned 6, or 8 /w Cent, but divides
with the Ship's Company, he commonly has twelve Shares, as follows, viz.
?.■ ' ■''
f
1
r
,'
fl
hm
H-".t
ML.,
Of PRIVATEERS, fie.
Shares.
J 2x3
The tap tain
The fim Lieutenant
The lecond Lieutenant
The thii;d Lieuttnant
The Mailer
Thefirft Mate „;., ^
The fecond Ma,t«-f, ./'t ;
The Surgeon
The Surgeon's Mate
The Lieutenant of Marines
The Gynner
The Gunner's Mates, to each
The Carpenter
The Carpenter's Mates, to each
The Boatfwain
The Boatfwain's Mates, to each
The Purfcr
The Cooper i ■-
The MuUck, to each of them
5
4
3
3
3
2
3
2 '
3
Shares.
1 a The Caulker 2
to 6 The Mafter at Arms i \ to 2
to 6 The Armourer . i y
to 5 The Midlhipmen, to each if to 2
to 5 The Quarter Maftors, to each i \
to 4 The Quarter Gunners, tocach i |to i ^
to 2 The Corpora], to each 1 1 to i 1-
to 4 The Sailmaker i 1-
to 2 The Yeoman of the Powder Room . 2
to 4 The Ship's Steward
3 The Captain's Ditto
2 The Mailer of Lanraages
3 The Captain's Clerk
2 The Shins Cook
3 The Captain's Ditto
2 The able Seamen, to each
3 The able Landmen, to each
to 2 The Sea Boys, to each
2 The Land Boys, to each
1 :
2
i Tt0 2
I^tOI
JL
lorl
f toi
12. That on the Death of the Captain, the Command to devolve on the next
Officer, and fo in rotation; and for the Encouragement of the able Seamen and
others, on the Lofs of Officers, they arc to be replaced out of the Ship's Com-
pany, according to their gallant Behaviour, as the Captain fhall appoint.
I J. That whoever deferts the faid Ship Ttrrible, within the Time here uhder
mentioned, fhall forfeit his Prize Money to the Owners and Company, to enal^e
them to procure others in their Room.
14. All and every one on board, does covenant and agrer to ferve on board the
faid Ship Terrible, the Term of fix Months, beginning s>.; the faid Ship's Departure
from the Downs.
15. And laflly, for the true Performance of all, and every the aforementioned
Covenants and Agreements ; each, and every of the faid Parties, do bind them-
felves, their Heirs, Executors, and Adminifb^tors, in the penal Sum oi Jive hun-
dred Pounds, lawful Money of Great-Britain, firmly by thcfe Prefents : In Wit-
nefs whereof, the faid Parties to thefe Prefents have hereunto fcvcrally fet their
Hands and Seals, the Day of in the
Year of our Lord 1746, and the Twentieth Year of the Reign of our Sovereign
Lord King George the Second.
The wording of Ranfom Bills has been viirious, though the Subftance the
fame ; I have therefore only added here the Form of one, which I give my
Reader, both in French and Englijb, as they are commonly printed for Privateers
to carry with them.
T John Stout, Cofnmander of the private Ship of War, called the Succefs, by
■^ Virtue of his Britannick Majefty's Commifiion, dated at London the Twenty-
fourth Day of ^ujfu/?, 1746, to le^i .> all Subjcds and Vaflals, Ships, Goods,
Monies, and EiTe^s whatfoever, of the French King, and King of Spain, having
taken a Ship or Veflel called the Malheureux of Nantes, whereof John Mattel
was Cofnmander, Burtlien about two hundred Tons, bound from the faid Port
to Cadiz, under French Colours, laden with Wheat, in the Latitude of
. r--'i- • ^"'^ Longitude (nom London, the faid
Stiip and Cargo, belonging toMefTrs. La Bourdonage & Comp. of Nantes, Sub-
jects pf the French King, which Ship and Wheat I have agreed to ranfom for one
thoufand eight hundred Pounds Sterling, to be paid in Lovdon, within two
Months from the Date hereof, to the Order of Mr. James Fillpurfe; In Con-
fideraticn whereof, I have fet the faid Ship and Cargo at liberty, to proceed for
the faid Port of Cadiz, where rtie (hall be obliged to arrive within the Spac; of
thirty Days from the Date hereof, after the Expiration of which Time, this
2 Agreement
V'?
''■*.:
t
f!. '■:<
>14 Of PRIVATEERS, ^c,
A|reeinent (hall not warrant her from being taken again by any Knglijb Ship of
War, or Privateer j for the tm* Ftymerit of which Ranfom, I ha*t rcceivea as
Hdftagc, Mr. tbmi Ltcrty, beloiigin^ to the faid Ship, who is not to be fet
at Liberty until the faid lUnfbih be fulnr and truly jpaid» a« abovementioned j I
therefore pray, aoMl defire dl Priefidi and Alliei, to Aiffer the faid Ship Malbn-
rhuc, to paft, and proceed to the faid Port of Cadiz, without anr tett or
Moleftalion withki the faid CMreiltMted Time. And I the faid Jdn MarttU
Contmamder of the fnd Ship die Mtlbturtux, %» well in my ovin Name, at in the
NameoftheaforefaidMeflh. Lt BoUrJomlge V Cimp. Owner* of the ftid Ship
and Carso, h«ve ^^ntarily MmiHttfd m^fetf to the Payment of the faid Ranfom
of one thoufand eight hundreif Pbund* Sterling, in LchSom, at afbrefldd t fbr
which I have gi«en the M6 Mr. TSm4s Lecrty for Hoftage, (who tipdn the
Piiyment of tfiefMdSinn as agreed, fliall be inuiMdiatdy rdeafed aflid ftt free,
and at full Liberty to return to hit own Country, or wherefocver he flialf thhik
prbper) hereby promifing not to aft iontifuy to die ConditkNit of thit Agree-
ment, whereunto we have (vHtfi the faid HoAage) interchartgeabhr ftt oar
Hdnds, on board the fitid private Ship of War, thit tiini Day of Stftmhr,
John SfoU.
Etgned and delivered in the Prefinee &f 7**« Mmrtel.
A. B. £. F. Thomas Lecrcy.
CD. G.H.
I ■-■:
W'p
»:?-:;•■;;•'
■ i
■J ■. ,■
in French.
-f fi yem Stmt, CdmmthdanC de rArmateur nomm^ le SueceJ^, en Vertu
I' d'une CofniiiiffloA, ou Lettre de Marque de fa Majeft^ Britaimiqtu, figne i
Londret le Vingt Quatri^me Jour du Moii de jlo&t de I'An 1746, poor prendre
ft; faifir Ics Vaineaux, Biens, & Eff^ts des Stnets de la France « d'BAagne, ayant
ftifi Sur, & Pris, le Vaiileau nomm^ le Malheureux de Nantes, fous le Comman-^
dement de Monf. 'lean MarteL autour du Deux Cent Tonneauz de Port, Venant
du dt Port, tc deftia<S pouf eelie k de Cadht, (dat Pavilion FroHfm Charg^ de
BItf, daiw la Latitude de &
Longitude de Lmdres, le dit VidffiMtr fc Cargaifbn apparteflant 4 Meflh. La
Bmrdtriage & Comp. de Nanteii Suiets du Roy Frarifois, leauel Vaifleau Ac Bli,
Je hxs Convenu de ran^nrter, Moyehaiit k Somme de MOle & Huit Cent
Litres Sterlines, que doit £tre payeitf a Londret dans deux Moia du Date de ceci, k
I'Ordre du Monf. Ja^s Fitlpufji, & en Confideration du dit Soitomc J'd r6litch^
& remis le dit VailTeau & Cargaifon en Libert^ pour aller au dit Port de Ca£z,
ou il fcra tenu de fe rendre dans le Terns, & Efpace de Trente Jours, du Date de
celle ci, dpres rExpiratioii du qti^l Terns, le prefent Traite, ne poorra le Oaran-
tir d'etre Arr^t^ Jt Pris, ptf aueoh ViiJfleaa de Ouerre ou Armateur. PoUr Surety
de la quelle Ran^on, J'ay re^ett en Otage Monf. Ttbmnas Lecrey, Appartenant tu
dit Vaifleau, qui ne doit etre Relache, que apres le Ps^ement de la wte Riui90nt
Done Jc Prie, tc Supplie 4 tous Amis & Alliez de lainer Pa£br le dit Vaifleau le
Malheureux SeuremcAt, & Librtknent poor aller au dit Port de CaJSz, fans
aucun Trouble ou EmpechemMt quelconque, pendant le dit Terns ftipol^ &
convenu. Et Je le dit Jean M»rtel^ Maitre du dit Vaifleao le MaiBeareax, tant
en nnon Nom, comme en celay de let fofditt Meflrs. La Ba u rd mat e & Comp.
Proprietaires du dit Vaifleau Ic Chirie, me fuis voluntairc M So&mu au Paye-
ment de la dit Ranfon, de MU tn Holt Cent Livres Sten. dant la Ville de
Londres comme fudit ; potir Swtttti' de laquelle J'ay donn^ 1' 1 Ot'tge le dit Monfl
Thomas Lecrey (que immedialenknt apres le Pavement, du >. it Somme convenu,
fer4 Relach^ et Mais en entiere ft jdeiAe Liberte de retourner dans fbn Ads, ou
partout ou il trouveras apropos) Ptomettant de ne Point contrevenir aux Condi*
tions du prefent Trait^ dont nous Avont (avec les dit Ouge) reciproctment fign^,
abord du dit Armateur, ce trf/kme Jouv du Septembrt de 1746.
Of
P>v
Of PIRATES, ^c.
Of Pirates or Sea Ravers*
225
A PIRATE is a Sea Thief, or an Enemy to human Kind, who aims at en-
riching himfelf by Marine Robberies, committed either by Force, Fraud,
or Surprize, on Merchants or other Traders at Sea, and the Hiftorics of them are
filled with the Barbarities they have committed on fuch Occasions, and the fevere
Ufage they have given to thofe who have been fo unhappy as to fall into their
Ifands.
They confine thtmfelvcs to no Place, nor have any fettled Refidcncc, but are
Rovers at large, tho' they generally cruize, where moil likely to meet with Prey,
and in Parts where they have the ercateft Probability of hnding Supplies, and
which afford the bed Ports for their Safety: And as all thefe Circun ftances
unite in America, that Part of the World has been moft peftered with them j
and they being Enemies to all, all ought to be Enemies to them, and no Faith
is to be kept « vith Villains, who defpile bcch the Laws of Ood and Man j they
juftly forfeit the Protedlion of their natural Sovereign, and any Prince hath Power
to make War againfl, and deftroy them, tho' not fubjcdt to his Government.
Pirates, tho" called Enemies, are yet improperly termed fo, as they are nQ^f*',-^]^**
Commonwealth, nor live by fettled Laws j but Rules founded on Iniquity, and ^b* c"'**
which they frequently break thro', to the DedruAicn of one another j that»o.s.4»**''
Superiority which they afHgn to fome among them, tho' neceiTary to their wicked
Union, is oftentimes changed, as Humour and Caprice diredtsj and the ftrongeft
or moft profligate becomes a Chief by mutual Confent j and as no Community
can fubfift witnout fome Sort of Government, fo thcfe make a Shew and Profef-
fion of one, do Ibmetimes comply with Agreements made, more efpecially with
thofe who fupply them with Neceflaries, tho' this may reafonably be fuppofed to
proceed more from fhe Motives of Self-Prefcrvation, than from any Intention of
doing Right, or Juftice to thofe iniquitous Perfons, who carry on fuch a villainous
and contraband Trade: It is true, all arc not equally badj but we have heard of
fome, who have governed with more Moderation, and not entirely fhook off
Humanity as the generality of them have j but even the beft of them are ofFen-
fivc to the fair Trader, and by commencing Pirate, they become obnoxious to
thofe Laws which otherwifc were made to protedl them.
There are, however, Inftanccs, where Succefs has made a Company of them
fb powerful as to induce them to fettle, and form themfelves into a Common-
Wealth; it was to this, that Algiers, Tripoli, and "Tunis owe their Eftablifliment,
and which they have fupported for many Years, tho' they really ftill fubfift by
their quondam Profeffion, or what is very like itj and only obferve the Treaties
made with them, fo long as the Rabble will permit, and it fuits their Con-
veniency; yet they avoid quarrelling with all the European States at once, but
take them by a Sort of Rotation, and pick from them what they can, one after
another, for which they fometimes fmart, tho' too feldom j however, fince their
becoming a State, and profefling Allegiance to the Grand Signier, Princes have
thought proper to treat with them, and to admit their Ambaftadors on the fame
Footing as tnofe from other Potentates, with refpedl to their Immunities and
Privileges.
Tho' it is undoubtedly both for the Honour and Intereft of all Princes to fup«
grefs Piracy, and not funer them by any Means to find Shelter or Refuge in any
art of their Dominions, but on the contrary to arm againft them, and provide
fuch Remedies as may reftrain their Progrefs, which our Kings have always done,
tho' it is dubious whether obliged thereto, by the Civil or Common Law of this
Kingdom.
if-a Mafter of a Ship, after making the beft Defence he could, is taken by a i-ord Xtf:
Pirate, and for the Redemption of his Ship and Cargo, willingly fubmits to""*' 9**^
become a Slave to his Captors, the faid Ship and Cargo are, by the Law r:*! arine,
tacitly obliged to contribute to the obtaining his Freedom j but if a Pirtte by
feigning himfelf diftrelTed, with the ufnal Signals, or pretends to be ftranded,
kaky, or in any other Danger, fhall, by thefc means allure the Mafter to vary
his Courfe in order to afford his Afliftance, and fo he falls into the Trap the Pirate
3 M has
.V{,
.1'
r
ill
, ( .
Ii6
Of PIRATES, ^r.
w
If
lipiigh he frees the Veflcl and her Loading hy remalnlnff ft
ways obligated to contribute to hU Redemption, as nil
Unr. Tijfi
10. S. ;.
Jttt. Aim,
a8 EUk. m.
«4'
JitI Aim.
4! .'ifA P/s-
AW : W,».
V. caj). 6.
Mar. I'age.
ti. S. 10.
f,//« Mare
CUul'. Lib. I.
cap. a;.
Gro/. de Jure
Belli i>c : . ri ,
c.y. I. i6.
h.\K laid fur liiin, althoi
Mavc, thty arc no
Captuic was occafioncd by his own Folly in being fo decoyed.
A Kanfoin promircd to a Pirate, ia not binding by the Civil Lftw, therefcre
no Wrone is created by not complying with it) and the Keafon is, that thcLa^
of Arms is not communicated to fuch» neither are they capable of enjoying that
Privilege, \\ hich lawful Enemies may challenge, in the Caption of another,
however, this hath its Limits i for a Pirate may have a lawful Poflcffion, which
he cannot be denied claiming at Law, if Injury or Wrong be done him, and
this is in Confcqucnce of uis taking a legal Courfe, for by that he fubmitt to
the Magillrate, and pays Obedience to the Laws in his demanding Jufticc.
If a Pirate attacks and takes a Merchant Ship, and afterwards redeems her, on
the Maftcr's fvvearing to pay him a certain Sum, at a Time and Place agreed on j
and if he does not com My with his Oath, he is fuppofed by fome not to oc guilty
of Pcijury, as a Pirate'is not a determinate, but a common Enemy, and with
whom they think neither Faith nor Oath is to be kept } others pretend nothing
can free him from a Compliance with his Vow, as it is not Men only that are
concerned in it but God alfo, who is certainly no Friend to Perjury. However,
with humble Submiflion to better Judgments, I think Ibmc Diftinilion ought
to be made in concurring CircumAances ; for fuppofe cither a Sea or Land
Robber, claps a Piftol to the Bread of the Pcrfon nc has fcized, and makes him
fwear to do fuch Things, as he cannot perform without great Prejudice to him-
felf and his Depcndance, as the Payment of a Sum of Money, which may dif-
trefs his CIrcumAances, and ruin his Family j I fay in fuch a Cafe, or other
fimilar ones, I believe no one will pronounce the Oath to be binding, which the
Terrors of a threatening Enemy had forcibly drawn from him that made it.
An Englijhman comnjitting Piracy on the SuWeds of any Prince, or State, in
Amity with the Crown of England, is within the Statute of 28 Hen. VIII. and
fo it was held where one Winter/on, Smith, and others, had robbed a Ship of
one Maturine Guatier, belonging to, and bound from Bourdeaux, with Wines
for England, and the fame was Felony by the Law Marine, and the Parties wero
convicted accordingly.
And fo if the SuDJcd of any other Nation or Kingdom, being In Amity with
the King of England, commit Piracy on the Ships or Goods of the Englijh, the
fame is Felony, and puniiliable by Virtue of the above Adit and it was ia
adjudged, where one Carelefs, Captain of a French Man of War, and diverie
others, attacked four Merchant Ships, going from the Port of Briftol to Caermar"
then, and robbed them of about 1 000 1, for which he and the rcA were arraigned^
and found guilty of the Piracy.
But before the 25th o( Edw. III. if the Subjedls of a foreign Nation, and
fome Englijh, had combined in the committing of Piracy, it would have been
Treafon in the Englijh, and Felony in the Foreigners, an InAanre of which is
quoted by Shard, where a Norman being Commander of a Ship, had, together
with fome Englijh, committed Robberies on the Sea, and being taken and trycd,
they were found guilty, the Norman of Felony, and the Englijh of Treafon,
who accordingly were drawn and hanged. But at this Day, by tne Laws Marine,
they would both receive Judgment as Felons without diAin^ion.
If the Subjects of a Prince at Enmity with the Crown of England, fliall fail
aboard an Englijlj Pirate, with other EngliAi, and then a Robbery is committed
by ihem, and they are afterwards taken, it is without doubt Felony in the
Englijh, but not in the Foreigners, for they cannot be tried by Virtue of the
Coinmiflion upon the Statute, for it was no Piracy in them, but the Depreda-
tion of an Enemy, for which they fliall receive a Trial by Martial Law, and
Judgment accordingly.
Piracies committed in the Britijh Seas, by the Subjefts of any Power in Amity
with the Crown of England, arc properly puniAiable by this Crown only ; and
if a Spaniard robs a Frenchman on the high Sea, their Princes being then in
Amity, and both with the Crown m En^and, and the Ship is brought into a
Port of thii Kingdom, the Frenchman may proceed Criminaliter againA the
S^anitird to punifli hiin, and Civilitcr, to have RcAitution of his Veflcl i but if
X the
0/ P I R A T E S, &>c.
iiy
cd.
in
a
khe
if
the Vcfltl Is carried Infra Prefidia • of that Prince, by whofe fubjrrt the Tama
was taken, there can b« ho Proceeding Civiliter, hnd doubted if Cnminulittr, but
the Frrncbman muft refort into the Captor's or Pirate's own Country, or where
he canicd the Ship, and there proceed.
If a Piracy be attempted on the Ocean, and the Pirates are overcome, the w,//„<i,fu,«
Captors may immediately punidi them with Death, and not b« obliged to bring M" P<t**<-
them into any Port, provided this occurs in Places where no legal Judgment *" "*
can be obtained.
And therefore if o Ship Hiould be on a Voyage to ^mericd, or on a Difcovery Dltw.
of thofe Parts ftill unknown to us, and in her wftv be attacked by a Pirate, who
ilie fortunately overcomes, in this Cafe, by tne Laws Marme, the Veflel
becomes the Captors Property, and the Pirates may be immediately executed
without the Solemnity o( Condemnation.
So likewifc if a Ship (hall be aflaulted by Pirates, and in the Attempt they are yiMxie Jura
fubdued and taken, and carried into the next Port, if the Judge openly reiefts Mtr.PigeOa,
their Trial, or the Captors cannot wait till Judgment fl-iall be given, without ' '**
certain Peril and Lofs, they may do Juftice on them themfelves, without farther
Delay or Attendance.
If a Pirate at Sea attacks a Ship, and in the Engagement kills a Perfon in hef»
though he has not fuccecded in taking her, the Pirates arc all Pirncipals in the
Murder, if the Common Law hath Jurifdidion of the Caufe i but by the Law Koi.Mmit,
Miirine, they only who gave the Wound Ihall be Principals, if they can be *' ^"* ""•
known, and the refl. Acccfibrics ; and where they have Cognizance of the Prin- *'
cipal, the Courts at Common Law will fend them their AcceiTory, if he comes r</«»'/MFoli
bclorc them. '"' '«'
A Dutchman, natural i7ed by the Duke of Savoy, and living at Villa Franca in
his Dominions, procures a Commifllon from the States of Holland, and coming
to Leghorn, there rid with the Colours and Enfigns of the Duke of Savoy i the
EMgliJb Ship Diamond, being then in Port, took in her Loading* and proceeded
on ner Vdyage, in which (he was furprifed and taken by that Caper, and carried
into yUla Franca, and there condemned and fold, but afterwards returning to
Jijtgland, the original Proprietors having Notice of it, made a Seizure j and
npon Trial, Adjudication pafled for them ; for though the Ship of War and
Captors were of Savoy, and carried their Prize thither, yet being taken by
Virtue of a Dutch Commiflion, according to the Law Marine (he muft be car-
ried Jn/ra Preftdia of that Prince or State, by Virtue of whofe Commiflion flie
was taken t nor does fuch carrying of the Enfigns or Colours of the Duke of
Savoy, who was then in Amity with the Crown of England, nor the Com-
mander's being a Subjedl of that Prince, make him a Pirate, or fubjeft him, or
thole to whom the Intereft of the Prize was transferred, any ways to be queftioned
for the fame Criminaliter ; for that the Original ^oad the "Taking, was law-
ful -f-, as one Enemy might take from another, but Civiliter, the fame might be, CumtiAi
for that the Captor had not entitulcd himfelf to a firm Poffeflion. ?c^i^6 ^*
And therefore in all Cafes where a Ship is taken by Letters of Marque or
Piracy, if the fame is not carried Infra Prejidia of that Prince or State, by whoie
Bubjc<^ the fame was taken, the Owners are not divefted of their Property, but
may refcizc wherefoever they meet with it. Mich. 8. fac. in B. R. Brownlovt
a. Part, nylon's C.
If a Pirate attacks a Ship, and only takes away fome of her Men with an In-
tention to iVll them for Slaves, tin's is Piracy by the Law Marine j and if a Bale c. i Infl. '#/^
©r Pack of Merchandifc be delivered to a Mafter to carry abroad to a certain Lib. s. Folj
Port, and he goes away with it to another, and there fells ordifpofes of it if, this ^**
is no Felony ; but if he opens the Bale or Pack, and takes any thing out, animo
Junitidi, this Aft may amount to fuch a Larceny, as he may be indifted for in
the Admiralty, though it docs not amount to aReprifalia j yet if the faid Mafter
fljould carry the Lading of his Ship to the Port appointed, and after retake the
whole I'nck or Bale back again, this may amount to a Piracy ; for he being in the
Nature of a common Carrier, the Delivery had taken its cfieft, and the Privity of
(he Bailment is determined.
la
llldwM. iV.
f 3. Bt'piii »», t F. tfifttt CAf. U i.S. 3. Stji, Cknvit, Lib. lo.C. ij.
f;
i
u
\-
|:
I;
\
'■■■ \§i
■m
I" :
tS-.^^'-
■-.■'■ I--:-;/- ,
i v., '
■ ( (1
.' ' .,''■'■
it
■;:i;
' iM
m
T^ytf^
If* *■-
■:' . ■' ^ - •'^. ■^' tl
mi
p ■
a%B Of P*I RATES, ^c.
44 £Vu. iir. i„ (;^fe a Sliip fliall be attkickcil by a Pirate, and the Mader for hf r Redcmp-
1* ii!lu"Ltt.' tio" 'I*"" give lus Oatli to pay a Sum certain i tliough there be no Taking, yet
Rii«l.d«j«Ji. it the fame Piracy by the Lav) Marine i but by the Common La-w there mull be
an adual Taking, though it be but to the Value of a I'cnny, in the fame Man-
ner M it is in a Robbery on the Highway.
And if a Ship (hall bo riding at Anchor with Pdrt of the Mariners in her Boat,
and the rcll on ^horc, lb that none rcniaiji in the Ship, yet if ilie be attacked and
robbed, the fame is Piracy.
A Merchant who l»a« procured Letters of Marque bt Reprlfs, tnd delivered
Roiii Abtidff ^^^ CommUFion* to others to endeavour a Satisfaction j if thofe fo commiinoned
5j0.* ' commit Piracy, the Vcfll-1 is certainly forfeited t but the Merchant ia no ways
I R«p. liable to make Satiafadtion 4 for thougn the fupcrior by the Civil Law ii anfwer-
able for the Anions of his Scivants, yet as this Qucdion muft be decided by the
Law of Nations (in Virtue of which Aich CommilFions are awarded or granted)
the Merchant by it will be exempted from anlwering for the Behaviour of thofe
he conimiflioned, unlcfs it can be proved he foreknew that they would commit
iuch a Piracy, or Spoliation, or that he had any Way abetted, or confented to
the fame, by which the Right may be forfeited, and the Civil Law let in, to
iwquire Satisf.iCbdn.
If Goods are taken by a Pirate from one Ship, and he afterwards attacka an-
other, by whom he is fubdued, lie- (hereby becomes, according to the Laio
Marine, an abiblutc Piizc to the C aptor, after a legal Condemnation. And,
By the Statute of 27 Eriw. Ul. Cap. 13. if a Merchant lofe his Goods at Set
I. «
14 E^, iir,
1 1 J.
Tiln. 7. Jtt,
in n. R
776.
}. BmI. Id, 19*
10.
r BmI. tV,
ittfci lie
by Piracy or Tcmpcft (not being \vi ;xked) and they afterwards come to Land t
it he can make Proof they are his Gc ' '
'Jart Rom.
L. I . C. 1 1
I RolliAjrid
F- 530. Lit.
C.4.
Crt. L. 3.
C 9.S. 16.
oods, they (hall be reftored to him in Places
fuildable,
laces, by the Lords of them, or their Officers, with fix Men of the Country.
Strttr'tCik. If jj Pirate takes Goods at Sea and fells them, the Property Is not thereby changed^
DO more than if a Land Thief Aeals, and fells them.
This Law hath a great Affinity with that of the Roman, called de Vfu Captionet
or the jitiniiui Lawi as Atiniui therein enaded, that the Plea of Prcfcription,
or long PoITeffion, (hould not avail in Things that had been ftolen, but the Intereft
which the right Owners had fhould remain perpetually.
Though it is held by the Common Law of England, that if a Man commit
Piracy upon the Subjefts of another Prince (though in League with us) and
brings the Goods into England, and fells them in a Market overt, the fame (hall
bind, and the Owners arc for ever concluded j and if they (hould endeavour in
the Admiralty to difputc the Property in order to Reltitution, they will be
prohibited.
I Ro'.ii Rep. A Ship which belonged to feveral Owners was (cnt to the Indies on a trading
285 Theufe Voyage, and upon the high Sea the Mariners committed Piracy, for which, on
tJ^M.''""^ her Return to the River of Thames, the Admiral feized her as Bona Pyratarum 1
but the Merchants her Owners took the Sails and Tackle out of her, and there
was a Decree, that the Admiral (hall not have the Goods (lolen from other Men,
but the Owners (hall have them.
jMi^de Jure It appears by the Preamble to the Statute of 28 Hen. VIII. Cap. 15. that this
Mar. F. 67. OfFcnce was not puni(hable by the Common Law, but the fame was determined
and judged by tne Admiral, after the Courfe of the Civil Lawj but by Force
of the faid A^ the fame is enquired of, heard, and determined, according to the
Courfe of the Common Law, as if the Offence had been committed on Land.
But by Lord Hale *, the Court of Kin^s Bench had certainly a concurrent
JurifdidUon with the Admiralty, in Cafes of Felony committed upon the Narrow
Seas, or Coaft, though it were High Sea, becaufe within the King's Realm of
England: but this JurifdiAion of Uie Common Law Courts was interrupted by
a fpecial Order of the King and Council, 35 Edw. III. and (incethe 38 Edw.III.
it does not appear that the Commoo l<aw Courts took Cognizance of Crimea
committed upon the High Seas.
And for the Trial of Piracy, and to determine what Adtions come under this
Denomination, as alfo to encourage the SuppreiHoa of it« the followipj; A^s
have been made, viz,
• HvA. PI. Cr. V«l.. II. P. 14, i|} ,
6. 24.
0/ P I R A T E S, eff. 219
All Offences of Pincy, Rohbery, «nd Murder, done upon the Sea, or in any *7 »-. vat.
Haven, River, or Creelt, where tne Admiralu pretend to have Jurifdidlion, rtull ***''• '•
he inquired, tried, heard, and determined, in fiich Places in this Realm, as Hiall
he limited by the King's CummiiTum, as if fuch Oflfenccs had been done upon
Land 1 and fuch C jmmilTions Hiall he under the ercat Seal, dircdlcd to the Lord
Admiral, or his Lieutenant or Deputies, and other Perfons named by the Lord
Chancellor, to hear and determine fuch Offences after the common Courfe of
Law, ufcd for Felonies committed within the Realm. '
'T6f rrmaining Seltiom of tbis jiti arc omitted, htcaufe tbt AH is amendej and
rf-enaitfd 2^ Hcn.VIIL Cap. ic. which follo-wt.
All Trcafons, P'clonics, Robberies, Murders, and Confederacies, committed •'"'•• ^''"«
upon the Sea, or in any Haven, River, Creek, or Place, where the AdmiraU*'"" *"
have, or pretend to have Power or Jurifdiftion, fliall be enquired, heard, and
determined in fuch Shires, and Places in this Realm, as (hall be limited by the
King's CommilTion, as if fuch Offences had been committed upon Land, and
fuch CommifTions (hall be under the Great Seal, directed to the Admirals, (Sc.
and to three or four lach other Perfons as (hall be named by the Lord Chancellor,
after the common Courfe of the Law ufcd for Trcafon, Felonici» (3c. committed
upon Land, within this Realm.
Such Perlbns to whom fuch Commi(rion8 (hall be directed, or four of them, f. t.
fliall have power to enquire of fuch Ofi*cnces by the Oaths of twelve lawful
Inhabitants in the Shire limited in their CommKTion, as if fuch Off'ences had
been committed upon Land within the Shire i and every Indictment found be-
fore fuch Commiilioners, of any Treafons, Felonies, or fuch other Off'ences
committed upon the Seas, or in any Haven, River, or Creek, (hall be good in
Law : And luch Procef^, Judgment, and Execution, (liall be had againll every
Pcrfon fo indidted, as for Trcafon, Felony, or other fuch Off'ences done upon
Land ; and the Trial of fuch Oflfenccs, (hall be by twelve Men, inhabiting in
the Shire limited within fuch Commi(rion, and no Challenge to be had for the
Hundreds and fuch as (hall be convidl of >ny fuch 0(rence8, (hall fuffer fuch
Pains of Death, LolTcs of Land and Good . as if they had been convidlcdof the
fame Off'ences done upon Land.
For Trcafon, Robberies, Felonies, MuH^rg, and Confederacies, done upon f. j;
the Sea, or in any Place above rehearfed, the Offenders (hall not have Benefit of
Clergy.
This Adt (hall not extend to any Perfon for takine any Vidlual, Cables, Ropes, f. ^,
Anchors or Sails, which fuch Perfon (compelled by NecefTjty) taketh of any
Ship, which may fpare the fame, fo the Perfon pay for the fame. Money or
Money-worth, or deliver a Bill obligatory to be paid, if the Taking be on this
Side the Straits of Marrok, to be paid within four Months j and if it be beyond
the faid Straits, to be paid within twelve Months ; and that the Makers of fuch
Bills pay the fame at the Day limited.
When any fuch Commi(non (hall be directed to any Place within the Jurif- r j.
dicon of the five Ports, fuch Commiflion (hall be dircftcd to the Lord Warden
cf the Ports, or his Deputy, and three or four fuch other Perfons as the Lord
Chancellor fliall name.
Whenfoever any CommifTion (hall be diredled unto the five Ports, for the r, 6.
Inquifjtion and Trials of any of the Offences exprefled in this Aft, fuch Inqui-
(itiun and Trial (hall be had by the Inhabitants in the five Ports, or the Mem-
bers of the fame.
It is ord.aincd, that all the Piracies, Felonies, and Robberies, committed ■'.*"' >•
upon the Sea, or in any Haven, River, Creek, or Place, where the Admirals ^'f ','"*'
have Power or Jurifdidtion, 'may be tried at Sea, or upon the Land, in any of
his Majefty's Iflands, Plantations, Colonies, (Sc. appointed for that Purpofe by
CommifTion under the great Seal of England, or Seal of the Admiralty, direfted
to fuch CommifTioncrs as his Majefly (hall think fit, who may commit fuch
Offenders, nd call a Court of Admiralty thereupon, to confift of fevcn Perfons
at the Icaft
i'^l^
liJ .
aJ-'i
■Avi^i:
3N
And
■•r
f. 1. J.
• f.4.
^30 0/ P I R AT E S, ^c.
And for want of feven, then any three of the Commiflioners may call others, as
therein is mentioned *, and the Pcrfons fo affembled may proceed according to
the Courfe of the Admiralty to ifliie out Warrants for bringing Perfons accufed of
Piracy or Robbery before them to be tried, and to furamon Witneffcs, and take
Examinations, and do dl things neceffary for the Hearing and final Detcrmina-
• tion of any Cafe of Piracy, GPf. and to give Sentence of Death, and award
Execution of the Offisnders, who fhaU thereupon fuffcr Lofs of Lands, Goods,
and Ciiattels*
f- J- So foon as any -Court fliall be affembled, the King's Comniiffion fliall be read,
and the Court fliall be proclaimed, and then the Prdident of the Court fliall take
the following Oath, viz.
.1
TA. B. dofy/ea^ in the Prefince of Almighty Go J, that I luHl truly and impartially
' try an4 iidflidge the ^rifomr or Prifoiters, •whicbjhall he brought upon his, or
their Trials oejbr^ this Court, and honejUy atid duly on my Part, put his Majejlys
Comniffionfor ^he 'trying ofthefn in Execution, according to the hejl of my Skill and
knowledge ; and that I have no Intereji, direiUy or indireSlly, in any Ship or Goods,
^ ■' ■•■••' •• ^- .^i^ic/j^ ^ny Perjhn Jlands accufed, and is now to he
for the pjraticajly taking
tried.
So help me God.
kf:
lb-
re.
f.7.
And he havina taken the Oath, fliall adminiflcr the fame to every Pcrfon,
who fliall fit and have Voice i tlie Court, and thereupon the Prifoners fliall be
brought before them ; and ti\n the Regiilcr fliall read the Articles againft fuch
I'rifoners, wJierein fliall be lit forth tlic particular Fadts of Piracy, Robbery,
and Felony, with the Time and Place, and in what Manner it was committed ;
9nd each Prifoner fliall be aflced, whether he be guilty or not guilty ; where-
upon he fliall immediately plead guilty or not guilty, or el.e it fliall be taken as
cunfeflled ; and if any Prilbner fliall plead not guilty, Witneffcs fliall be pro-
duced by the Regifter, and fworn and examined in the Prifoner's Prefence } and
after a Witnefs hath ^nfwcred all the Queflions propofed by the Prcfident, and
given his Evidence, it fliall be lawful for the Prifoner to have the Witnefs crofs
examined, declaring to the Court v/htiX Queflions he would have aflted, and the
Prefldent or the Court fliall interrogate the Witnefs accordingly ; and every
Prifoner fliall have Liberty to bring Witneffcs for his Defunct, who flidl be
fworn and examined, and afterwards the Prifoner fliall be I.card for himfelf ;
which being done, the Prifoner fliall be taken away, and all other Perfons,
eicept the Regifter, fliall withdraw j and the Court fliall confidcr of the Evi-
dence; and the Prefident fliall collect the Votes of the Court, beginning at the
iunior, and ending with himfelf; and according to Plurality of Voices, Sentence
lall be given, and pronounced publickly in the Prefence of the Prifoner, being
called in again : and according to fuch Sentence, the Perfons attainted fliall be
put to Death in fuch Manner, and in fuch Place upon the Sea, or within the
Ebbing or Flowing thereof, as the Prefident, or the major Part of the Court, by
Warrant direded to a Pfovofl:-Marflial, (which they fliall have Power to confti-
tute) fliall appoint.
Some pubiick Notary fliall be Regifter of the Court ; and in Cafe of his
Abfence, Death, or Incapacity, or for want of a Pcrfon fo qualified, the Prc-
fident fliall appoint a Regifter, giving him an Oath, duly, faithfully, and im-
partially to execute his Office; which Regifter Jhall prepare all Warr.ijits and
Articles, and provide all tilings rcquifite for any Trial, according to tlie fub-
ftantjal, and eifential Parts of Prpceeding in x Court of Admiralty in the moll
funimary Way ; and fliall make Minutes o.'' the Proceedings, and enter them in
a Book, and fliall tranfmit the fame with tlic Copies of all Articles and Judg-
ments, unto the High Court of Admiralty of England.
If any of his Majcfty's Subjeds fliall commit Piracy, or Robbery, or any Ad
of Hoftility againft others his Majcfty's Subjefls upon the Sea, under Colour of
any Commiilion from any foreign State, or Authority from any Perlbn what-
foevcr, fuch Offenders, and every of them, fliall be adjudged Pirates, Felons,
and
Of PIRATES, ^. 2,51
and Robbers ; and beine conviftcd according to this Ad, or 28 Hen, VIII.
Cap. 15. {hall fufFer Tiuns of Death, and Lofs of Lands and i^oods.
if any Commander of a Siiip, or any Mariner, (hall in 'any Place where the f. 8.
Admiral hath Jurifdi^ion, betray his Truft, and turn Pirato, Enemy, or Rebel,
and piratically and fetoniouily run away with the Ship, or any Boat, Ordnance,
Ammunition, or Goods, or yield them up voluntarily to any Pirato,; or (hall
bring any feducing MeJTages from any Pirate, Enemy, or Rebel } or confult,
or confcaerate with, or attempt to corrupt any Commander, OBicar, or Mariner,
to yield up, or run away with any Ship or Goods, or turn Pirate, or 50 over to
Pirates, or if any Perfon (hall lay violent Hands on his Comm>':.iier, to hindet-
him from fighting in Defence of his Ship and Goods, or cor^rme his Mafter, or
endeavour to make a Revolt in the Ship, he (hall \x adjudged a Pirate, Felon,
and Robber, and being convidted, according to thi& Adt, (liall fufFer Death, and
l^ofs of Lands and Goods.
All Perfons who (hall, either on Land or upon the Seas, knowingly k.t forth ^ 9-
any Pirate, or afTifl, or maintain, procure, command, counfel, or advifej any
Perfon to commit any Piracies, or Robberies upon the Seas, and fuch Perfon fliall
thereupon commit any fuch Piracy or Robbery, all fuch Perfons (hall be adjudged
accelTary to fuch Piracy and Robbery ; and after any Piracy or Robbery com-
mitted, every Perfon, who knowing that fuch Pirate or Robber has committed
fuch Robbery, (hall, on the Land, or upon the Sea, receive, entertain, or con-
ceal any fuch Pirate or Robber, or receive any Ship, or Goods, by fuch Pirate
or Robber, piratically, and felonioufly taken, (hall be adjudged accelTary to fuch
Piracy and Robbery ; and all fuch AccefTarics may be enquired of, heard, and
determined, after the common Courfe of the Law, according to the Statute
28 Hen. VIII. Cap. 15. as the Principals of fuch Piracies and Robberies ought
to be i and being attainted (hall fufFer Death, and Lofs of Lands and Goods.
When any Englijh Ship (hall have been defended by Fight, againft Pirates, f ,0.
and any of the Officers or Seamen are killed or wounded, the Judge of the
Admiralty, or his Surrogate in London, or the Mayor, or chief Officer in the out
Ports, aflifled by four fubflantial Merchants, may, by Procefs out of the faid
Court, levy upon the Owners of fuch Ships, &c. a Sum not exceeding 2 /. per
Hundred, of the Value of the Freight, Ship, and Goods, fo defended, to be
didributed among the Officers and Seamen of the faid Ships, or Widows and
Children of the flain.
A Reward of 10/. for every VefTel of a hundred Tons, or under, and 1 5/. for r. ■■.
every one of a greater Burthen, (hall be paid by the Captain, Commander, or
Mafter, to the firft Difcoverer of any Combination, for running away with, or
deftroying any fuch Ship, at the Port where the Wages are to be paid.
This Adl flia'' be in Force for feven Years, fifff. modi perpetual 6 George I. f- •»•
Cap. 19.
The Comniiffioners appointed by 28 Hen. VIII. Cap. 15. or by this Adt, (halU- >3.
have the fole Power of hearing ant determining the faid Crimes, within all the
plantations in America, governed by Proprietors, or under Charter from the
Crown, and (hall ifTue their Warrants for apprehending any Pirates, fSc. within
any of the faid Plantations, in order to their being brought to Trial, within the
fame, or any other Plantation in America, or fent into England ; and all Go-
vernors, Gff. in the Plantations, governed by Proprietors, or under Charters,
(liall afiift the Commiflioners and Officers, and deliver up the Pirates, (Sc. in
order to their being tried, or fent into England.
If any of the Governors in the Plantations (hall refufe to yield Obedience to r. 14.
this Adf, fuch Rcfufal is declared to be a Forfeiture of all Charters granted for
the Government or Propriety of fuch Plantation.
When any Commiffion for the Trial, and PuniOimentof the Offences afore- f. ij.
faid (hall be diredtcd to any Place within the Jurifdidtion of the Cinque Ports,
fuch Commiflion (hall be diredled to the Lord Warden, &c.
All Officers or Sailors, who (hall defert the Ships wherein they are hired to f. 16.
fcrve for that Voyage, (hall forfeit all Wages due to them.
In cafe any Maflcr of a Merchant Ship, (liall, during his being abroad, force f. r-
any Man on Shore, or wilfully leave him behind in any of hii> Mnjcily's Plan-
tations,
j-n
'iK
w
Pi a * '
ft '
t
t
■^'
131,
4 C«*. I.
Cap. II. f. 7.
8 Gn. I. C«p.
14* C ■•
r. «.
f.3.
£4.
£6.
f. 7.
(. 10.
Cth 3. Indij.
Tit. Admir.
2 G/t. II.
C'h. 21.
M»trt 756,
/?/. 308.
0/ P I R A T E S, ^r.
tationst or elfcwhcrc, or (hall refufe to bring home with him all fuch of the
Men which he carried out, as are in a Condition to return, fuch Mailer (hall
fuffer three Months Imprifonment.
All Pcribns who fliall commit any Offences for which they ought to br adjudg'jd
Pirates, by the Ad 1 1 and 12 ff^t/i. III. Cap. 7. may be tried «s by the Aft 28
Hen. VIII. Cap. 15. and ftiall be debarred from the Benefit of Clergy. Nothing
in this AA to extend to Scotland.
By 8 Geo. I. Ch. 24. S. i. if any Commander of a Ship, or other Perfon, (hall
trade with any Pirate, or fliall furnifh any Pirate, Felon, or Robber, upon the
Seas, with Anununition, Provifion, or Stores, or (hall fit out any Ship know-
ingly, and with a Defien to trade or corrcfpond with any Pirate, &c. upon the
Seas, or if any Perfon £all confult, combine, or corrcfpond with any Pirate,
&c. knowine him to be guilty of any Piracy, Felony, and Robbery, fuch
Offender Ih^ be adjudged guilty of Piracy, &c. and fhall be tried according to
the Statute 28 Hen. VIII. Cap. 18. and 11 an(Pi 2 »'///. III. Cap. 7. and b.ring
conviAed, fhall fufFer Death, and Lofs of Lands and Goods i and if any Perfon
belonging to any Ship, upon meeting any Merchant Ship on the high Seas, or
in any Port, Haven, or Creek, fhall forcibly board or enter fuch Ship, and tho'
they do not feize and carry her off, fhall throw overboard, or deftroy any of the
Goods, they fhall be punifhed as Pirates.
Every Ship fitted out with a Defign to trade, or corrcfpond with any Pirate,
and all the Merchandizes put on board the fame, with an Intent to trade with
any Pirate, fhall be forfeited, one Moiety to the King, and the other to the
Informer, to be recovered in the High Court of Admiralty.
All Perfons declared AccefTaries, by 1 1 and 1 2 ff^i//. III. to any Pirac", ..-c by
this Adt declared principal Pirates.
Every Offender convifted of any Piracy, &c. by Virtue of this Afl.. fnail not
have Benefit of Clergy.
And to encourage Seamen and Mariners to defend their Ships from Pirates,
the faid Aft ordains, that in cafe any Mariner on board any Merchant Ship, fhall
be maimed in Fight againfl any Pirate, upon due Proof thereof, he fhall not
only have and receive the Rewards appointed by 22 and 23 C II. Cap. 1 1. but
fhall be and provided for in Greennticb Hofpital, preferable to any other Seaman
who is difabled from Service by Age.
If any Commander, or other Officer, or Seaman of a Merchant Ship, that
carries Guns and Arms, fhall not fight and endeavour to defend themfelves
when attacked by a Pirate, or fhall utter any Word: to difcouragc the other
Mariners from defending the Ship, by which Means fhe is taken by the Pirate,
in fuch Cafe, the faid Commander, &c. fhall forfeit all the Wages due to him or
them, to the Owners of the Ship, and fhall fuffer fix Months Imprifonment.
No Maftcr or Owner of any Merchant Ship, fhall pay to any Seaman beyond
the Seas, any Money or EfFedls on Account of Wages, exceeding one Moiety of
the Wages due at the Time of fuch Payment, till fuch Ship fhall return to Great'
Britain, Ireland, or the Plantation, or to fome other of his Majefly's Dominions
whereto they belong, on Forfeiture of double the Money fopaid, Gfr.
This Adl fhall extend to all his Majefty's Dominions in Afia, Africa, or America,
and fhall be a publick Adl, and fhall continue ieven Years, (Sc. made perpetual
2 Geo. II. Cap. 28.
The Adt 1 1 and 12 Will. III. Ch. 7. does not alter the Offence, or male the
Offence Felony, but leaves it as it was before this Ad:, viz. Felony only by the
Civil Law, but giveth a Mean of Trial by tiie Common Law, and inflifteth
Pains of Death, as if they had been attainted of any Felony done upon the Land.
The Indidlment mufc mention the fame to l Jone on the high Sea.
If any Perfon be felonioufly flricken or poifoi -d upon the Sea, or at any Place
out of England, and dies in England, or ftricken or poifoned in England, and dies
on the Sea, or out of England, the Fadt is triable in any County, according to
the Courfe of the Common Law, except Challenges for the Hundred.
A Pardon of all Felonies does not extend to Piracy, but the fame ought
efpecially to be named ; and though there be a Forfeiture of Lands and Goods,
yet there is no Corruption of Blood, nor can there be an AcceJJory of this Offence,
tried
a
0/ P I R A T E S, ^f .
1^3
JlCtO p.
, 16.
7I.
tried by Virtue of this Statute, but if there be an Accejfory upon the Sea to a Dit
Piracy, he muft be tried by the Civil Law. " '
The Statute of 35 Htn. VIII. Cap. 2. taketh not away the Statute forTreafons, vide \^jat.
done upon the Sea, nor is Clergy allowable to the Party on the Statute 28 ^f;,*^^
Hen. VIII. pUc. io'44.
Though a Port be Locus Puhlicus uti Pars Oceani, yet it hath been rcfolved 3 '"" ' ■ »•
more than once, that all Ports, not only the Town, but the Water is Infra « V- 39 '•
Corpus Comitatus.
If a Pirate enters into a Port or Haven of this Kingdom, and aflaults and robs
a Merchant Ship at Anchor there, thit is not Piracy^ becaufe the fame is not
done Jiifer ahum Mere, (upon the high Sea) but a downright Robbery at Com- MaiUiie Jure
mon Law, for that the Adl is Infra Corpus Cotttitatus, and was inquirable and *','.''■ ^'*
puniHiable by the Common Law, before the Statute of a8 Hen. VIII. Cap. 15. '
an Inftance of which was in Hide & Al. who robbed the Ship of one Capt. Slue
of fome Merchandize, appertaining to Mr. Mofs, a Merchant in London, and
for which. they were indided at the Common Law, and found guilty. Anno 22
Car. II. at the Old Bailiy.
By the ••ccited Adt of 1 1 Will. III. it is (amongft other Things) enafted. That "*^"' "*
2JI Piracies and Robberies committed on the Sea, or in any Haven or Place, *" '""
where the Admirals have Power or Jurifdi^ion, may be examined and adjudge' p. 660.
according to the Directions of the Adl, in any Place at Sea or Land, to be
appointed by the King's Commiflion : And alio, that if any of his Majefty's
natural born Subjedts, or Denizens of this Kingdom, (hall commit any Piracy,
or Robbery, or Adt of Hoftility, againft others of his Majefty's Subjedts on Sea,
under Colour of Commiflion from any foreign Prince or State, or Pretence of
Authority from any Pcrfon, they (hall be deemed Pirates, Felons, and Robbers;
and being convidled according to the faid Adt, or of 28 Ifen. VIII. therein
recited, fliall fufFer fuch Pains of Death, &c. as Pirates, &c. ought to have and fufFer :
And fincc the prefent Wars with France and Spain, divcrfe Subjedts have entered
in the Service of his Majefty's Enemies, on board Privateers, or other Ships,
having Commiffions from the Crowns of France or Spain, and committed
Hoftiiities againft his Majefty's Subjedte on the Seas, in the tVeJi-Indics, &c.
and Doubts have arifen whether, as fuch Offenders have been guilty of High
Treafon, they can be guilty of Felony within the Intent of the faid Adl, and as
fuch be tried by the Court of Admiralty thereby appointed ; to put an end to
the faid Doubts; therefore, // is enaBed, That all Perfons, being natural born p 661.
Subjedts, or Denizens of his Majefty, who, during the prefent, or any future
Wars, have commiitted, or ihall commit any Hoftiiities on the Sea, or in any
Haven, River, Creek, or Place, where the Admirals have Power of Jurifdic-
tion, may be tried as Pirates, Felons, and Robbers, in the faid Court of
Admiralty, on Shipboard, or on Land, as Perfons guilty of Piracy, fiffr. are, by
the faid Adt, diredted to be tried ; and being conviSed thereof, (hall fuffer fucn
Pains of Death, Lofs of Lands, Goods, and Chattels, as other Pirates, &c. by
the faid Adt of i \ Will. III. or any other Adt, ought to fuffer.
Any Perfon wlio ftiall be tried and acquitted, or convidted according to this
Adt, for any of the £ud Crimes, ftiall not be tried again for the lame Fadl, as
High.Trealon.
Nothing in this Adl ftiall extend to prevent any Perfons, guilty of any of the p. 662.
faid Crimes, who ftiall not be tried according to this Adl, from being tried for
High Trcafon within this P.ealm, according to the aforefaid Adl of 28 Hen. VIII.
If fuch a Robbery be made in a Qrtek or Fort, in fuch Cafes, it has by fome nuir, 7^6.
been conceived, that Clergy is aUowable, upon the Statute of 28 Hen. VIII. but • J"- p".
if it be Aancfupcr altum Mare, there is no fuch Allowance, as was ruled by the "^"
Opinion of Sir Lyonel Jenkins, and the reft of the Judges, upon the Piracy com-
mitted by Cufack and others, who were executed Anno 1674. And if the
Robbery be committed on great Rivers, within the Realm, (efteemed al'vays as
common Highways) there it has formerly been doubted, whether the Benefit
of Clergy ought to be granted ; however it was fcemingly fettled by the Judges
in the aforefaid Cafe qi Hidt, and was laft Seflion connrmcd by the following
A^ viz.
3 O Diveife
MStM
< ^ >.
I i'
^34
p 10)6.
m-
i*s\-
,,1' ' ■
0/ P I R A T E S, ^r.
Diverfe wicked and evil'-difpofed Perfons, being encouraged to cointnit Rob-«
beries and Theft, upon Navigable Rivers, &c. by the Privilege, as the Law
now is, of being admitted to the Benefit of their Ckrgv; for the more cifedtual
preventing fuch Felonies for the future, // it eim&ed. That all Perfons, who (hall
at any Time, from and after the 24th of June, 17 Sit felonioufly^ fteal any Goods
or Merchandize, of the Value of 40/. m any Ship, Barge, Lighter, Boat, or
other Veffel or Craft, upon any navigable River, or in any Port of Entiy or Dif-
charge, or in any Creek belonging thereto, or from off any Wharf, or Key
adjacent to any navigable River, Port of Entry, or Difcharge within Great-
Britain, or Hia!! bi: prefent and aflifting in committing any of the faid Offences,
being thereof convined, or attainted, or being indidtcd, fhall of Malice ftand
mute, or will not dire^ly anfwer to the IndiAment; or fhall peremptorily chal-
lenge above twenty Perfons returned to be of the Jury, fhall be excluded from
the Benefit of Clergy.
One Cobbam was arraigned in Soutlywark, before the CommifHoners of Oyer
and Terminer, for a Piracy and Robbery committed on a SpaniarJ, and refufing
to plead, it was moved by the Attorney General, whether he ought not in this
Cale to have the Pain fort & tbire, and it was the Opinion of the Court he fhould,
from the Words, and reafonable Intendment of the Statute 28 Hen. VIIL C. 15.
and Judgment was given accordingly.
If a Man is taken on Sufpicion of Piracy, and a Bill is preferred againfl him«
and the Jury find Ignoramus, and the Court of Admiralty will not difcharge him,
that of King's-Bench will grant a Habeas Corpus, and if there be good Caufe,
^charge him, or at leafl admit him to Bail; but if the Court fufpeds that tho
Party is guilty, perhaps they may remand, him j and therefore in all Cafes,
where t3>e Admiralty legallv have an original, or !« concurrent Jurifdi^on, the
Courts above will t>c vveil informed before they will meddle or interfere.
Aiding or afTifling the Efcape of a Man in CuAody for Piracy, though the
_ Matter is an Offence at Land, yet the Admiralty having Jurifdidion to punifh the
Cr', >^ 269. Principal, has likcwife Power to puniib fuch an Offender, who is looked upon
qua^ an Acceffary to the Piracy j but on refcuing a Prifbner from an Officer of
theirs, they may examine the Caufe, but diey cannot proceed criminally i^ainfl
the Offender.
The Exemplification of the Sentence of the Court of Admiralty, under theii'
Seal, is conclufjve Evidence in a Court of Common Lao.
And althoueh the Statute of 28 Hen. VIII. C. 15. does not alter the Offence,
qr make it Felony, but leaves it as it was before that Statute, viz. Felony only
by the Civil Law, and gives a Mean of Trial by the Common Law, and inflided
fuch Pains of Death, as if they had been attainted of any Felony; yet it was
refolved * by all the Judges and the refl of the CommifHoners then prefent, that
his Majefly having granted Letters of Reprifal -f- to Sir Edmund turner tnA
George Carew, againft the Subjedls of the States General oi the United Provinces,
which Grant was afterwards called in by Proclamation, then notified in the
Treaty of Breda, and finally fuppreffed under the Great Seal ; that feveral hav<«
iiig put in Execution the faid Commiflion, under a Deputation from Carew only,
without Turner, were indided for Piracy, though they were acquitted, as it was
decreed that the fame was not a felonious and a piratical Spoliation in them, but
a Caption in order to an Adjudication ; and though the Authority they adted under
was deficient, yet not being done by the Captain and his Mariners^ antmt depra*
tiandi, it could by no Means be made Piracy. .
It has been cuftomary to grant X^ommiifions to the Commanders of Ships
bound to the Eafi-Indies, for the Seizing of Pirates, and as I find they have always
been to the fame Purpofb, though fometimes varioufly worded, I fhall add the
Copy of one of them taken from 'an Original,
.134.
C.» El. fiS;.
Siilii
340,
Lord Ray.
««W, 893.
'"iZ'.'J I
A N N E R.
'* >/^^^> ISy the Grace of God, Queen of England, Scotland, France, and
« .^rz /rc/rtW, Defender of the Faith, Off. toourtrufly and well-beloved.^. 5.'
" Commander of the Ship Triton, Burthen four hundred and twenty Tons,
" thirty
ilT.. • !ff. Admit-. Fih. |8 1680. Cafe of Omfin Gviftitr, & il, f Mentioned p. 106.
u
u
u
u
<<
<(
•<
««
«
u
«<
•t
«
«
«
«
1* <■
¥'■'
0/ C O N V O Y S, ^c. 135
" thirty Guns, ahd fevehty Meti, or to any other the Commander of* the fame
*' for tne Time being, Grebtino ; fFAereas, we are informed there are fevcral
'< Pirates and Sea Rovers, which do infeft the Seas of India, whither you are
** now going. We have therefore thought fit to authorize and impolvcr, and
" accordingly do by thefe Prefents authorize and impower you, to apprehend,
*• feizc, and fecure the Perfons of any fuch Pirates, Free-Booters, and Sea
•• Rovers, being either our own Subjedts, or of other Nations aflbciated with
" them, as you Hiall meet with in any of the Ports or Places, or upon any of
•' the Coafts or Seas of Itidut, or in any other Seas whatfoever, together with
** their Ships and VcfTels, and all fucn Merchandizes, Money, Goods, and
'* Wares, as (hall be found on board, or with them, in cafe they fhall willingly
** yield themfelves, but if they will not fubmit without Fighting, then you are
'« by Force to compel them to yield : And Wc do alfo require you to bring, or
*' caufe to be brought, fuch Pirates, Frec-Bootcrs, and Sea Rovers, as you fliall
" feizc or take, to a legal Trial, to the End they may be proceeded againft with
" the utmoft Severity of Law. And we do hereby enjoin you to keep an exadt
" Journal of your Proceedings in the Execution of the Prcmifles, and therein fet
•• down the Names of fuch Pirates, and of their Officers and Company, and the
" Names of fuch Ships and Veflels, as you fhall, by Virtue of tnefe Prefents,
" feize and take, and the Quantities and Qualities of all Arms, Ammunition,
'■* Provifion, and Lading of fuch Ships and V effels, and the true Value of the
*• fame as near as you can judge, and alfo to fecure and take care of all Bi//s of
" Lading, Invoice, Cockets, Cbarterparties, and all other Papers, and Writing*,
" of what Kind foever, as fhall be found on board fuch Ships and Veflels j and
•' we do hereby ftridtly charge and command you (as you will anfwer the fame
" at your utmoft Peril) that you do not in any Manner offend or moleft any of
*' our Subjects, or the Subjcfts of our Friends and Allies, their Ships or Goods,
*• by Colour or Pretence of thefe Prefents, or the Authority hereby granted. In
<* fritiie/s vfhcTtof, We have caufcd our Great Seal of England to be affixed to
•* thefe Prefents. Given at our Court at St. James's, the thirtieth Day of
*• 0(to6er, 1704, in the third Year of our Reign."
In the Admiral's Patent, he has granted to him Bona Piratarum ; the proper 10 Rep 109.
Goods of Pirates only pafs by this cfrant, and not Piratical Goods. So it is of a ^-J'^J- j|''j^-^
Grant de Bonis Felonum, the Grantee fhall not have Goods flolen, but the true 3 '5."
and rightful Owner : But the King fhall have the Piratical Goods, if the Owner
be not known.
When a Pirate is condemned and executed, he is cdmmonly hung in Chains
on a Gibbet fixed by the River Side, as an Objedt to deter others from following
fuch Courfes, which might, fooner or later, bring them to the fame unhappy
End; and though it was to be feared, that among the large Number of Sailors
which the late Peace rendered ufelefs, many of them wbuld have rifked their
Necks to fill their Purfes, yet as we have not heard they have done fo, there is
reafon to hope they will avoid the fatal Cataflrophe, by continuing in their
Duty. .. ■ , /
^N.B. Since the prefent War (commencing in 17156) fcveral Perfons, Maflers
%^ of Privateers, have been executed for Piracy i the F^(\» were, that Neutral
Ships, DutcJb and Dantt, vrttt ftrippcd in the E»glifb Channel by fmall-
Privateers, and plundered, fometimes by the Maflers and People of the
Privateers difguifed, atodier Times more openly. This occafioned the n^w
Adt concerning Privateers, infbrted under tnat Article. ■•" '
: I lOitT .1;
/. Oi Coftvoys and Cruizers.
TH E former, in a War, are appointed for the Safety of Merchant Ships,
who fail in Fleets under their Care and Protedtion; and even in Times of
Peace, fome are ordered by the Government to guard and defitnd our Trading
VefTels from the Aflauhs of Pirates, or Enfcroachers twi our Commerce, more
efpecially in our Fifhcries, and odicr Parts of the IFeJi Indies, where they may
be
23^
M C«r. 11.
Si. I c. 9. f.
Arc. I J.
p*
llliis 5",'' ''■•.; ■ ■' • '
Icj'H-.' ■'.'' '
y :]•:■../_ :
P^ilS''' .' ■
|'i^t=>.;, > ■■ ,
!t'^'-,':" '
m^--^-
■s "■-?"-'■ * ^ ■
ivfe-' '' :
m ^
I:-'
|:^'
^x
f>^,^
Mtl/cf, p.
180. r. 17.
0/ C A P T U R E S, e^r.
be cxpofed to fuch Attacks, or commercial Intruders j and the Sailing of fuch
Convoys are publicky advertifed, and the Days rixed for (heir Departure^ that
Ships may get to the Rendezvous, or deftined Places, by the Times appointed,
and there receive Orders from the commanding Orii-rer, relative to their future
Proceedings, which the Mailers mull take care punAually to obferve, otherwife
/^(^only will beanfwerablefor any LofsorPlifcarriage, that may happen thro'
fuch a Ne^ledl; but on the contrary, if the Fault lies on the Commodore, he is
made punifliable by the fubfequent Laws, viz.
The Captains, Officers, and Seamen, of all Ships appointed for Convoy of
' Merchant Ships or others, fhall diligently attend upon that Charge, without
Delay, according to their Inilrudlions ; and whofoevcr niall be faulty therein,
and /hall not faithfully defend the Ships and Goods in their Convoy, or fliall
demand any Money, or Reward, from any Merchant or Mailer for convoying
of fuch Ships belonging to his Majefty's Subjects, Hiall be condemned to make
Reparation of the Damage, as the Court of Admiralty (hall adjudge, and alfo
be punifhcd criminally by Pains of Death, or other Punilhment, as (hall be
adjudged by the Court Martial.
Confirmed by 22 Geo. II. p. 693. Art. 17.
Cruizers are commonly the bed failing Ships, appointed by the Admiralty
to cruize in fome certain Latitudes, in order to meet with, and apprehend, or
deftroy the Enemy ; they are generally of the fmalleil Rates, and muft by no
Means leave their Stations during the Time limited, except forced thereto by
fome Damage received, or by Strefs of Weather. By the 6 Ann. Cap. 1 3. it
was enabled, that befides the Line of Battle Ships, forty and three others iliould
be employed, as Cruizers and Convoys for the better Prefervation of trading
VefTcIs ; four of which were to be Third Rates, and fixtecn Fourth Rates, and-
the reil of fufficient Force to guard our Commerce ; they were to attend (as
before-mentioned) in certain Stations, and the Commifiioners of the Admiralty
may direft thofe of the Navy, or fome one, or more Perfons, refident at fuch
Places as his Majefly fhall appoint, to fupcrintend and ovcrfec every Thing relat-
ing to thofe Cruizers j tho' tne Commiuioners of the Admiralty have ^fo Power
to order any of the faid Ships to be employed in the Line of Battle in Cafe
of Need.
Several fubfequent Adls have confirmed the above, and encreafed the Number
of Cruizers as Neceffity has required, to the no fmall fecurity of our Maritime
Intereft, which fuiFered much lefs in the late War, by thcfe prudent Precautions,
than could have been expeded, when the vail Number of the Enemy's Privateers
was remembered ; though I fliould certainly do Iniuflice to the Bravery tind
Vigilance of our own, mould I not impute a great Part of our Merchant Ships
Prefervation and the Enemy's Diftrefs, to their Courage and Condudl, which m
many InAances was fienalized very confpicuoufly. And as I have mentioned the
Methods of ading with Authority againll the Enemy, I fhall now proceed to treat
of the Confequence of their Succeis, under the Articles,
Of Captures^ Condemnations ^ and jippeah.
.^vv-l
m-. " '
I Have already had Occafion to mention feveral Circumftances concerning
Prizes, under the preceding Article of Letters of Marque, &r. however*
Ihall add a few more here, and begin with the DiAindions made concerning them,,
which are of three Sorts, wz.
1 . Ships and Goods taken by Letters of Marque, and by '^tu Reprifalianm.
2. Thofe taken from Pirates or Sea Rovers ; and,
3. Thofe taken from profeifed Enemies.
The firft (as has been before mentioned) belong entirely to the Captors, after
a legal Condemnation, as the fecond does after an Account thereof is given to the
Adiniral, and the third were to be proceeded in, according to the Power which^
authorifed the Capture.
It has been ?.Ub granted to Companies, to appropriate the Prizes made in con-I.
fequence of an Infringment of their Charters ; as to the Eaft'India *, who havQ
a Right,;
• 7 Cit. I, wp. ai. feft. I. 3 Crt. 11, op, 1 4, feft 9.
2
■■■f
Of BILLS ^/HEALTH, ^c.
^37
'M
a Right to all Ships, fiff. trading within their Limits, for which they may fue in
any of the Courts at Wejlminjler ; as that of the Houth Sea may, though their
CJrant is vet more ample, viz. The Company ftiall have all Ships and Goods 9 yf„, ftp.
which fliafl be taken as Prize, by the Ships employed or licenfed by it, within »'• •" 51-
their Limits, or by fuch Ships of her Majefty, as (he (hall allow for Defence of
the Trade, without any Account, fave only that the Officers and Seamen on
board the faid Ships of her Majefty, which Ihall be aiTiding to the taking any
flich Ships or Goods as Prize, (hall have fuch Share thereof as her Majefty (hall
direft by the Charter of Incorpration; nvi it (hall be lawful for the Company
and their Servants, and other Pcrfons employed and licenfed by them, to feize
by Force of Arms, the Pcrfons, Ships, Goods, or EfFedls, of any of the Subjedts
of her Majefty, who (hall frequent, trade, or adventure into the South Seas, or
other the Limits aforefaid, and to detain to the Ufe of the Company, the Ships,
Coods, and EfFedls, fo feized, and to fend into Great-Britain, the Perfons of fuch
of the Subjedts of her Majefty as (hall be fo feized, in order to their being pro-
fccuted according to Law.
It has been obfcrved in a preceding Part of this Work, that no Prize can be
difpofed of, nor any of her Cargo touched, till after a legal Condemnation in
the Court of Admiralty here, or clfewhere ; and that no Delays be made in the i} Gn II;
Procefs, it is enaBed, (as has been before quoted) Page 213, 214. that the JudgeP- '33-
of fuch Court (liall, if requefted thereto, finifti within five Days, Gfr. ^^f" *'-'
The Conimi(rioners of Appeals, appointed by his Majefty, were half his Privy
Gounfellors, and Come others mentioned in the Appointment to whom Appeals
were to be made, both at home and abroad, as above ; but as fome Difficulties
arofe about the Commiffion, the following Adt was made to remedy and folvc
them, viz.
His Majefty, in order to bring Appeals from Sentences in Caufes of Prizes, 22 c„. \\.
pronounced in the Courts of Admiralty, to a fpeedy Determination, did, by his p. n?-
Commiffion, bearing Date the nth oi Jufy, in the twenty-fecond Year of his
Reign, revoke a former Commiffion, granted to all his Majefty's then Privy
Gounfellors, and all other his Privy Counfellors for the Time being, during
Pleafure j and did alfo by the fame Commiffion, appoint p'l his Privy Counfellors
then being, as alfo Sir Thomas Parker, Knight, Lord Chief Baron of the
Exchequer; Sir Martin Wright, Sir Thomas Dennifon, and Sir Michael Foflert
Knights, Juftices of the Court of Kings-Bench', Sir Thomas Abney, Sir Thomas^, lai.
Burnet, and Sir Thomas Birch, Knights, Juftices of the Court of Common Pleas',
Charles Clark, Edtvard Clive, and Heneage Legge, Efqrs; Barons of the Court of
Exchequer, and the Chief Baron of the Exchequer, for the Time being, to be
Commiffioners for hearing and determining fuch Appeils during Pleafure, &c.
and as fome Objedtions have been raifed, againft the laft mentioned Commiffion,
on Account of the Lord Chief Baron of the Exchequer, the Juftices of the King's-
Bench and Common Pleas, and the Barons of the Exchequer, who were not of the
Privy Council, being joined therein j // is therefore enabled. That the faid Com-
miffion, and all the Powers granted therein, (hall be deemed good in Law } and
the Commiffioners, as well the faid Lord Chief Baron, and the faid Juftices and
Barons therein named, and the Lord Chief Baron of the Exchequer, and the
Juftices of the Kin^s-Bench and Common Pleas, and the Barons of the Exchequer
for the Time being, although they (hould not be of the Privy Council, are im-
powered, during his Majefty's Pleafure, to receive and determine all fuch Appeals,
and to ufe all other Jurifdidtions, according to the true Intent of the faid
Gommiflion.
No Sentence, upon the Hearing of any fuch Appeal, fhall be valid, unlefs a
Majority of the Commiffioners prcfcnt be of the Privy Council.
Of Bills of Health and ^arantine,
TH E dreadful Ravages made by Peftilential Diforders in thofe Countries
moft fubjedt to them, makes every Prince and State fearful of receiving
the Infedtion, by the Admiffion of Goods from fufpedlcd Places ; and to avoid
it» they always infift on Ships bringing Certifirot*"- from the Magiftracy of the
s?''
1^^
i^. n
lit
3^'
Port
138
•I
leCn.U.
Of BILLS of HEALTH, &^c.
Port they la(l came from, declaring tlicir Country to be free from any toni.igioas
Diftemper J thefe are termed Uills of I Icalth, (of which Copies arc annexed)
and coining in this Form, arc called c/etin ones, in Oppofition to Jau/ ones, vv.hich
•■•re given Ships, when they proceed from infcii^ed Places, and thtfc alw-iyg
o!»ftrud their Admittance to trade, till they have performed a Quarantine of a«
muny Days as the Guardians of Health where they arrive, may judge neccffary,
being commonly from ten to forty; on Expiration of which, it is cudomary
abroad, for Phyficians to examine the Ship's Crew, and ftritft Search is made on
board, by Perfons appointed, to fee whether the Number of Sailors corrjfjiond
with thofe mentioned in the Bills of Health, and if any Difference appears, :*
will be difficult irt any Country, and impolfiblc in fome, to obtain Admiffion
afterward} therefore it behoves every Captain to be very circumfpc«a in having
the exadt Number of his Company infcrted.
But though the Sailors arc not admitted to a Communication with the Shore,
till the aforementioned prudent Precautions have preceded ; yet all Commodities
unfufccptible of the infedlious Tainf, (fuch as Corn, &c.) are permitted imme-
diately to be landed, at proper Places (by the Mariners) from whence they are
afterwards conveyed to thofe deftined for their Confump'"on or Sale.
Several foreign States have fet apart, and appropriated certain Parcels of Lands
for the aforementioned Purpofes, which they nave enclofed, and eredted Build-
ings both for the Reception of Goods and Paflengers to lay their Quarantine in,
where the kttcr are comfortably accommodated, under the Vigilance of Guards,
appointed to hinder any one's too neai /ipproach to thefe Reclufes : Such are the
Lazarettos at MarJiilUs, Venice, &c. and the Fxpences vary on thefe Occafions,
according to the Difference of Climes and Accommodations.
All Ships performing Quarantine here, do it at Sfmgate Creek, under fuch
Regulations as his Majefty in Council is pleafed to appoint j and every Merchant
who had c.iy Goods from Italy, during the lafl Plague at Mejinot was obliged
to fhew his Documents, that is, the Bills of Lading, Invoices, Letters, or any
other Papers in which his Goods were mentioned, to Gentlemen in the Secretary
of the Cufloms Office, appointed to examine them; and the Merchandize, after
lying the Time ordered, was opened, aired, and underwent the appointed Search,
before it was permitted to be put into Lighters, and brought to London, £cc.
But the frevency of the Plague in different Parts of the Levant, making a
Revifal of thofe Laws neccJTary, the following Adl was pafl.
The Preamble fets forth, that whereas it is neccffary fome Provifion be made
by Parliament, for obliging Ships and Perfons coming from Places infedled, or
frequently fubjcdt to the Plague, to perform Quarantine in fuch Manner as fhall
be ordered by his Majefly, or his Succeflbr; and for punifliing Offenders therein
in a more expeditious Manner than can be done by the ordina'^ Methods of
Law : // ii therefore enaSled, That all Ships and VelTels arriving, and all Perfons,
Goods, and Merchandizes, coming or imported into any Port or Place, within
Great-Britain or Ireland, the Ifles of Guernfey, Jer/ey, Alderney, Sari, or Man,
from any Place from whence his Majefly or his SuccelTors, by Advice of the
Privy Council, fhall judge it probable that the Infedtion may be brought, fliall
be obliged to perform Q^uarantine in fuch Place, and in fucn Manner, as fhali
be diredtcd by his Majefly or his Succeffors, by Order in Privy Council, and
notified by Proclamation, or in the London Gazette: And that till fuch Ships,
©■f . fhall be difcharged from fuch Quarantine, no Perfon, Goods, &c. fliall be
brought on Shore, or be put on board any other Veffel within his Majcfty's
Dominions, unlefs by Licence, as fhall be diredtcd by Order of Council : And
that all fuch Ships, and the Perfons or Goods, coming or imported, or going or
being put on board the fame, and all fuch Ships, Veflcls, Boats, and Perfons,
receiving any Goods or Perfons out of the fame, (hall be fubjcdl to fuch Orders,
Rules, and Diredlions concerning Quarantine, and the Prevention of Infcdlion,
as fhall be made by his Majefly, and his Succeffors in Council, and notified by
Proclamation, or publifhcd in the London Gazette as aforefaid.
If the Plague fliall appear on board any Ship to the Northward of Cape Finif-
terre, the Mart:cr fhall immediately proceed to the Harbour of New Grimjby, in
the Ifles of Scilly, where he fhall inform the Officer of the Cufloms there, of his
Cafe;
as a
0/ B I L L S of UEA LT H, ^c. 239
Cuff J who fhal! acquaint fomc Officer of a near Port of Eng/ami thereof ; who,
with all portlblc Speed, ihall fend Intelligence thereof to one of his Majcttv'j
Secretaries of State, that ftich Mcafurcs may he taken for the Support of tno
Crew, and fuch Precautions ufcd to prevent the Spreading of the InfciVion, ps
the Cafe (hall require : And the faid Ships fliall remain at the Illindi. of Sci/Zy^
till his Maiefty's Pleafure be known ; nor ihM any of the Crew go on Shore ; but
if the Matter fliall not be able to make the I'^ands of Sci/fy, or (hall be forced
by Strcfs of Weather, up either of the Channels, \\v (liall not prcfume to enter
into any Port, but (hall remain in fome open Road till he receives Orders from
his Majefty or the Privy Council, and (hall takeC'are to prevent any of his Ship's
Company from going out of his Ship, and to avoid all Intercourfc with other Ships
or Perfons j and the faid Maftcr, or any Perfon on board fuch Ship, who (liall
be difobedicnt therein, fliall be adjudged guilty of Felony, and (hall fufTer Death
as a F'clon, without Benefit of Clergy : And every fuch Offence (hull be deter-
mined in the County where the Offence (hall be committed, or where the
Offender fliall be apprehended.
That it may be better known whether any Ship be aftually infeded with the
Plague, or whether fuch Ships, Gfr . arc liable to any Orders touching Quarantine,
it is ena^ed, that when any Place infefted with the Plague, or when any Orde*
(hall be made concerning Quarantine and the Prevention of Infe(flion, as often as
any Ship (hall attempt to enter any Place in Great-Britain or Ireland, &c. tho
principal Officer of the Cufloms in fuch Place, or fuch Perfon as fliall be
authorifcd to fee Quarantine performed, (hall go off, or caufe fome other Perfon
appointed by him for that Purpofe to go off to fuch Ship ; and fuch Officer, Gff .
(hall, at a convenient Diflance from fuch Ship, Demand of the Mafter. And
the Mafter (hall, upon fuch Demand, give a true Account of the following
Particulars ; that is to to fay, the Name of fuch Ship, the Name of the Mafter,
where the Cargo was taken in, where (he touched, whether fuch Places were
infedted, how long flie had been in her Voyage, how many Perfons were on
hoard when (he (et fail, whether any in the Voyage had been, or were then
infedled with the Plague, how many died in the Voyage, and of what Diftemper;
what Ships he, or any of his Ship's Company with his Privity went on board,
or had any of their Company come on board during the Voyage, and to what
Place fuch Ships belonged ; and alfo the true Contents of his Lading to the befl:
of his Knovvkgc. And if it fliall appear that any Perfon on board (hall be infed:ed
with the Plague, or that fuch Ship is obliged to perform Quarantine, in fuch
Cafe it (hall be lawful for the Officers of any of his Majefty's Ships of War, or
any Forts or Garrifons, and all other Officers whom it may concern, and for any
other Perfons whom they (hall call for their AfTiftancc, to oblige fuch Ship to
repair to fuch Place as hath been appointed for performance of Quarantine, by
any Kind of Violence whatfocvcr. And if any fuch Ship (hall come from an
infc(iled Place, or have any Perfon on board actually infedlcd, and the Maft,er
fliall conceal the fame, fuch Mafter (hall be adjudged guilty of Felony, find (hall
fufTer Death : And if the Mafter of fuch Ships (hall not make a true Difcovery
in any other of the aforefaid Particulars, fuch Commander (hall forfeit 200 /.
one Moiety to the King, the other to the Perfon who (hall fue for the fame.
The Mafter of any Veflel ordered to perform (Quarantine fliall, after his
Arrival at the Place appointed for performing Quarantine, deliver to the Chief
Officer there, fuch Bills of Health and Manifeft, as he (hall have received from
any BritiJ/j Conful during his Voyage, together with his Log-Book and Journal,
under Penalty of 500/. Forfeiture, in the fame Manner as the laft Claufe.
If any Mailer of a Veffel liable to perform Quarantine, having Notice thereof,
(hall himfclf quit, or permit any other Perfon to quit fuch Vcflil before Quaran-
tine (hall be performed, unlcfs by proper Licence ; or in Cafe any Mafter (hali not
caufe, within due Time after Notice given, fuch VefTel, and the the Lading
thereof, to be conveyed to the Place appointed for performing Quarantine;
then, and in every fuch Cafe, the Mafter (hall forfeit 500 /. and the Perfons
quitting the Vclfcl, fliall be compelled to go back, and fuffer fix Months Ini-
prifonment, and each forfeit 200 /. The Penalties to be recovered and divided
as before.
His
if mm
|l-'l
^i>-i
•>y.4-"i!n
■ ■ ■ v'^ca
* :--v/
'^.,^1
tl
'1
It'
140 0/ BILLS of HEALTH, ^c
His Majefty with the Confcnt of Parliament, may erird I-azarcts. on any com-
mon or private Grounds, and in Calc .iny DifTtrcnje niculd iiiilc about the Va!iir
of fiich Lands, to be fettled by a Jury at the Quartcr-St-iiiops.
The proper Officers arc inipo'Acrcd, and required to cor.ipe!, all Pcrfoiis
obliged to perform Quarantine, and Goods, to be conveyed tn lomc Tuzarct, or
fuch other Place as fliaTl beprrvidcd for tlic Reception of 'uch Pcrfons, Goods,
&c. or for the Opening and Airing fuch Goods, &c. according to fuch Orders
to be made as aforefaid.
If .'ny Perfon obliged to perform Quarantine, IhaH rcfuf«, or nc^^lcdt, tn
repair to the Houfe or Lazaret, or having been placed therein fliail attempt to
efcape before Quarantine b*; fully performed ; any of the Pcrfons appointed vr*
fee Quarantine performed^ may compel tiiem to repair or return to tne Houle,
G?f. appointed ; and every Perfon fo Re -uling, or Negledting, or Elcaping, ftiail
Uiffer Death as a Felon.
All Pcrfons liable to perform Quarantine, whether in Ships, Lazarets, or
elfcwhere, fliall be fubjedt, during fach Quarantine, to fuch Orders as they (liall
receive from the proper Officers; and the laid Officers are to enforce all neccf-
C.iry Obedience to their Orders, and may, in Cafe of Neccflity, rail in other
Peifons to their Affillance ; and ail Pcrlons called are ■ v.qiiired to affirt.
If any Perfon not liable to perform Quarantine, fliall enter any L-azaret, &c.
whilft any Perfons rnder Quarantine (hall be therein, fuch Perfon Ihall be con-
fine!^, there to perforin Quarantine by ihe proper G licers : And in Cafe he fhall
Efcape out ot the Lazaret, ihall be guilty of Felony, and fuffer Death
accordingly.
If any Officer, appointed to execute any Orders made concerning Quarantine,
fljiJI be guilty of any wilful Breach or Negledt of 'lis Duty, fuch Perfon fhall
forfeit hib Err^ioyment, and one hundred Pounds, and be incapable of holding
fuch Office for the Future.
All Goods liable to retain Infection, as fliall be particularly fpecifiert
Orders made concerning Quarar.npc, which (hall be imported into any of his
m any
Mijefty's Dominions from any foreign Couniry in any Ship whatfoever, fliall be
liable to fuch Orders made concerning Quarantine,
After Quarantine (hall have been duly performed, upon Proof to be made on
Oath by the Maftcr and two other Pci*bns belonging totlic VelTel, or of two or
three creditable WitnefTes, to be made ht^ore the Ci'.ifomer, Comptroller, or CoJ-
leftor of the Port, or the next Port, where Quarantines (hall be perfornjed, or
before any ot their Deputies, or any Juftice ot the Peace Living near fuch Port,
or if in the Ifles of Guirnfy, Jerf/y, AiJerney, Sari, or Man, before any two
Jtratsor Magiftrate?, that fuch Veflel, and all and every fuch Perfons, are free
from Inf'-.d'ion ; .Tid after producing a Certificate figned by the Chief Officer,
who fuperintenoed the Qu;irantinc of that Ship, then fuch Cuftomer, Off. are
required to give a Certificate thereof; and thereupon fuch Ship, and all Perfons
belonging to her, fhall be liable to no farther Restraint or Detention upon the
fame Account for which Quarantine fliall have been performed.
The Officer neither for Oath nor Certificate, (hall take any Fee or Reward.
Provided neverthelefs, that al! Goods, Wares, and Merchandize, (hall be
opened and aired as fliall be direded in the Order for Quarantine ; and after fuch
Orders have been duly complied vith, the Goods ffiall be difchargcd with a
proper Certificate, in the fame M.'.nner as the Ship, &c.
Any Officer that (hall demand or take any Fee, to forfeit one hundred Pounds
VMth treble Cofls of Suit.
IfanyPerfm. appointed to fee Quarantine duly performed, or placed as a
Watchtnan upon any Houfe, Lazaret, Ship, or other Place for Performance of
Quarantine, fliall dclert from their Duty, or wilfully permit any Perfon, Ship,
Goods, or Merchandizes, to depart or be conveyed out of fuch Houfe, &c. or if
any Perfon give a falle Certificate of a Ship's having duly performed her Quaran-
tine or Airing, every fuch Perfon (hall fufFcr Death as i. Felon.
If any Perfon f. 1 conceal from the Officers of Quarantine, or convey any
Letter, Goods, Wares, or Merchandizes, from any Ship under Quarantine, or
liable to perform Quarantine, or from any Lazaret, &c. where Goods fhall be
performing Qiuirantinc, every fuch Perfon fliall fuffer Death.
« When
Of BILLS 0/ HEALTH, ^c, 241
When any Put o( Great- Britain, Inland, Gucrnjly, y<'>Jiy, ytiJi f-my, 6'<j. *,
•r Man, or prance, Spain, Portugal, or the Low Countria, lliall be iiifcvled
with the Plnguc, his Mujclly l)y Proclamalion, n\ay prohibit all Boati and Vtaols
under ao Tons Burthen, from f^iiling out of mm/ Plate in Gn\it-BiitiiH,^c.
until Security be firil given by the IVfaQpr, lu the Satiiifadion of ihc ]M'iicip,il
Otficer of tne CuAoin.s, or Chief Magiftratc of the Place iVoiu whence liKh
VefTcl Hiall fail, by Uond, with fufiicii;nt Securities, in tl\e Ffiialty of 300/.
with Condif.ion, that if fuch VefTel fhall not touch at any Place nKiitioncil in
the Proclamation I and if the Mailer, Mariners, and Pailcngcrs, do vox. go on
board any other Veflel at Sea, and if fuch MaAers (hall not permit any Perlbns
to come on board from any other VeHcl, and (hall not receive any Goods, &t-.
out of anv other VcfTcli tnen fuch Bond diall be voidi if any Vcird (liall go
before fucn Security be p;iven, every fuch Veffcl with her Tackle, Apparel, and
Furniture, Hiall be forfeited to the King, and may be fcizcd: And the Mailer
and every Mariner, upon the Oath of a credible Witncls before a Jufticc of
Peace, where fuch Offenders fliall be found, fliall forfeit the Sum of twenty
Pounds, one Moiety to the Informer, the other to the Poor of the Parifli, where
fuch Offenders (hall be found i the fame to be levied by Didrcfs and Sale of the
OiTenders Goods, by Warrant under the Hand and Seal of the Jullice,' before
whom fuch O/Tender /hall be convidled : And for want of fufKcient Didrcfs, the
Offender to be feht to Prifon for three Months.
By this Adl, the Place of Quarantine is changed from New Grimjby, and iqGn.tt.
appointed at St. lfti>,H* Pool, between the uninhabited Iflands of St. Hden\
yean, and North JVithtU, in the liland of Scill^, or to fuch other Place as his
Majefty, with the Advice of his Privy Council, fhall appoint.
The following is the Form of an Englijh Bill of Hcaiih, which is given at the
Cujlombqufe (figned by the Benchers) and coils five Shillings, viz.
" /^MNIBUS Chrifti fibelibUR, ad quos prrrfcntes Literx prcvcnerint ; nos
'• ^^ miniftri fercniiTitniprincipis Domininollri GF,oRGiiyir«W/Regisin nortu
" civitatis LonJini Salutem.— Cum pium fic ac honcilum veritati tcdinionium
" perhibere, ne error fic deceptio prxjudicii ipiam opprimat: Cumquc navis
nuncupata cujus
nauclcrus fuh Deo eft
quo; jam parata eA a portu Ai&.x civitatis Londint dccedere, fic ab hinc Deo
volente pro fic alia loca tranfmarina cum
in ciidem nave adpellerej hinc eft qu6d univcrfitati veftrstenore prtefentium
innotefcirnus fidemque indubitatem facimus, qu6d (Deo optimo maximo fum-
ma laus attrlbuatur) in hac didla civitate nulla Peftis, Plaga, nee Morbus
aliquis pcriculofus, aut contagiofus, ad prxfens cxiftit ; in cujus rei Teftimo-
nium iigillum ofiicii noftri apponi fecimus, Datum hoc in regio telonio civitatis
Londini pra;didtsE
anno falutis Chriftianae fecundiim computationem Ecclefix Anglicanee milleiimo
feptingentefimo annoque Regni difti ferciiilTimi Domini
noftri Georgii SecuHdiDtign.tikMagrueBritannia,icc. Fidei Defenforis, ficc."
Til
The fubfequent is copied from a Bill of Health, given at AKcant in Spain,
being the fame with thofe of all the other Parts of that Kingdom; and differing
only in Form, from thofe of Itahi and other Parts, this Duplicate may fufHce to
ftiew the Nature and Contents of them all.
•• T tNI VERBIS cujufvis Audtoritatis Salutem ir
«' ^ illuftris civitatis Alicantis, fic Villas dc Muchan
in Domino ; nos regimen
Muchamel. Teftamur, quod didla
" civitas fic villa (Deo aufpicc) optima gaudent falutc, fic nullius contagioii
•« morbi vcftigio innciuntur , fic fidcm facimus a noftro portu difcedcre Nivem
«• nominatam cujus dux eft
«' cum nautis, fic p;out aiTcrvit viam
«« dirigis verfus quare oramus ut ilia
*' ejuique naut£, fimul cum mercibus, abfque dubio de valetudine perfonarum,
3 Q^ '* fic locorum
I.
4bf» 0/ E M B A R G O E S, ef r.
1^ <* & locorutn unde vcniunt, recipiitntur. In quorum fidem hai noArti Literal
*' mtnu ScTiM noAri (irmatat, Ac ligillu Mayori nuAra tivitatis munitaa illi
" concedimut. DatiN Alicantis Die Menfia
" Anno I Nativltate Domini."
Pro Uluftri'i$,fimffrftMiffima civitatt Alkantii,
I;
't
Of Emh^rgoesy or Reflraint of Primes,
A N Embargo it commonly undcrAood to be a Prohibiticn of Shipi, failing
xiL <)" '1^' Breaking out of a War, to hinder their giving any Advice to the
Enemy i but it has a much more extenfive Signification, as they arc not only
Aopped from the aforementioned Motives, but arc frequently detained to ferve
a Prin.-e in an Expedition, and for this, have often their Loading taken out, if
a fuAicient Number of empty ones are not procurable to fup|dy the State's Neccf-
lity, and this without any Regard to the Colours they bear, or whofe SubjeAs
they arc) fo that it frcquenciy happens, that many of tn« Eart^an Nations may
he forcibly united in the fame Service, ata JonAurc that mod of their Sovereigns
are at Peace and in Amity with tlic Nation againA which th«y arc obliged to
fcrvc.
Some have doubted of the Legality of the Thing ) but it is certainly conform-
able to the Law both of Nature, and Nations, for a Prir •; in DiArcfs to make
ufe of whatfoever VeAcls he finds in his Ports, that aro fit fx his Purpol'c, aiul
may contribute to the SucceiTcs of his Enterprises ; but wi<h the CircumAance,
that he makes them a rcafonablc Recompcnce for their Trouble, and docs not
expofe either the Ships or Men to any Lofs or Damaee.
The Spaniards laft Expedition againA Ortm coukl not have been executed
without making ufe of thefe Means, as the VciTcls which their own Country
could furniAi, would have proved infuAicient for tranfportinr the Troops neccN-
fary to be embarked j and therefore they embargoed all thole that happened to
be in their Ports, to the Number of more than fix Hundred, and oofieed the
Captains to contra^ for two and half Dollars ptr Ton, per Month, whu;h was
pretty oiindlually paid before they were difcharged. The fame was praAifed by
that Monarch ii\ his Sicilian Expedition, fo fatal to his Arms in their naval
Conflift witli Sir George Byng (afterwards Lord Torrm^/cfftandoneofthe greatcA
Men of the Age) though fo glorious and fuccefsful to his Land ones, as it was
in Confequ::iice of the Advantages there gained againA the Emperor, that he
obtained a Crown for his Ton, his prefent Neapolitan MajcAy.
Thofe Captains who refufed to comply, were impnfoned till they did, and
had any one dcaped after entering the Service, he thereby forfeited eveiy future
Prolpedt of Admittance in that Country, without running the Rifque of paying
dearly for his Temerity.
Of Prote&ions^ Pafspot-tSy and Safe ConduSIs,
PASS PORTS are commonly grantcdtoFrieiiHand SAFE CONDUCTS
to Enemies, though Cuftom has made th<: Meaning of thefe Terms to be
much the llinie in this Place j but in a Military 1 reatife would be differently con-
Arucd ; and they only fignify here that Shelter a Pricc«i ahbrds to cither Ships
or Men, againA the aforementioned Embarraes, or hi.' granting to fomc Parti-
culars a Leave to trade, denied toothers, or his Permiffion for them to come into
his Kingdom while a general Prohibition fubfifts, and fomctimcs even during a
War with the State whofe Subjeds they are.
This has often happened in our Dilputes with Spain^ where our Ships went
currently at the beginning of the War commenced in 171 8, and on many other
Occafions, under the Protedion of a Pafs, which his Catholick MajeAy granted
to feveral, and which ferved for one Voyage ; thefe Paffes had Blanks left for
the Names of Ships, Captains, ^c. and at firft coA about twenty DolL .
though when a Stop was put to granting any more, their Price rofc in Propor-
tioa
1.
0/ LEAGUES, (^c.
143
be
Jkips
Irti-
no
rent
Iher
Ited
Ifor
kion
tion to their Demand i and the few who had any remaining, made a very con-
fiderablc Advantage of them : The fame hiR been pradilcd by many u( our
former Kings and confumed by the fevcral fubfcqucm Aifls, vi^.
InaJI 8alc-Condin-'l» to be granted to any Perfons. the Names of them, of the i5"'»vr.
Khipi, and of the Maderi, and the Number of the Marineri, wuh tiic Portage ^' ''
of tne Ships, (hall be exprcflcd.
Merchant! Aliens may load Ships of S^ain, and other Parti, Adverlaricb and '«"'». VI.
Enrniiesof the King, it the MaAcrs, or Merchants of fuch Ships, have Letters'' '
Patent of the King of his Safe Condud, making mention of the Name of the
Ships, and of the Muders ) and if any fuch Ship charged with fuch Merchan-
dizes of fuch Merchants be taken u}M)n this Sea, by the King'b People, not
having the King's Letter Patent, within the Board of fuch Ships, at tiie Day of
the Taking, nor that fuch Letters Patent be in the Chancery inrolled, the
Takers may cryoy the fame.
All Letters of Safe Conduit to be granted to the King's Enemies, or others, toHm.vtt
Diall be inrolled in Chancery, before fuch Letters be delivered j and all Letters ' '• ' '
of Safe Conduft not inrolled before Delivery, fliall be void.
If any Goods be taken by the Subiedts of the King upon the Sea, charged in f- }•
any Ship belonging to Encmie!!, not naving Letters of Safe Conduct inrolled, they
fhat take the Goods (hall them enjoy.
The Subie^i taking fuch Ship«, not havIngLetters of Safe Conduct within f- 4<
the faid Ships, and bringing them within the Realm, Hiall not be endamaged
for fuch Taking, if they be ready to make Reftitution, within reafonable Time
ftfter Knowledge is made to them of the Letters of Safe Conduct, inrolled in
Chancery before the Taking.
If any Subiedls attempt to offend upon the Sea, or in any Port under thc5' /A*-Vl.
King's Obedience, againft any Strangers in Amity, League, or Truce, or by
Safe-Condudt, the Chancellor (hall have Authority to caufe fuch Perfoii to be
delivered, and the Goods or Ship taken to be reftored, (Sc.
There was formerly appointed in thefe Realms a Confervator of •S'<2/<' CtnduSis,
•nd as the fame Perfon had alfo the Care of Truces, it naturally leads me to
mention fomething, as I propofed.
Of Leagues and Truces,
LftAGtJfiS or Truces are either with Enemies, Friends, or Neuters*
I and thofe made with the former are for a limited Time, or perpetual.
Perpetual \% where a Peace finidics all Disputes, and reAores a perfcA Amity
between the contra<!ting Parties.
And Treaties for a Time, are termed Truces, which arc alfo general or
particular.
General Truces include all the States of both Princes, in regard to their Subjcdls
and Commerce, whilft particular tnes are only for certain Places, or certain Per-
fons, with a Limitation of their Trade, and iometimes go no farther than a bate
Sufpenllon of Arms.
A Truce, however, whether general or particular, is an Agreement, on a
CeiTation of all HoIUlities, during the Term Aipulatcd, and ought not to b«
infringed or broken, on any Account j it frequently is a Parent of Peace, as it
allows room for Confideration, and to trea' of it, and beftdes affords Opportunity
fpr fettling the jarring Intercils of Princes, who are to be comprehended in it.
A general Truce, is fometimes fettled for fo long a Term, as to become equal
to a Peace, and fuch are commonly made betwixt Princes, equal in Power, who
are unwilling to quit any Thing of their fuppofed Right by Peace, and yet dcfire
to live quietly in their prefent State, and by tliis Medium fatisfy their Point of
Honour. Such Truces arc likewife (from the foregoing Confiderations) lefs fub-
jedt to a Breach, than a Peace that is made perpetual, as Princes who by this
latter find thcmfelves aggrieved, will feck out plaufible Reafons to forfaike or
evade it ; but in the other, when the limited Time is expired, they have only to
^tcnew, or excufc it.
3 Some
i. 'V'
■ 1 ■ ■'■■ ' ■
244
0/ PROCLAMATIONS, &c.
Rtt. Pal. ^.
H V. Nuin
4. Ceit 4.
Inftit. 156.
A* - tV. --■ '
Some Alliances are contiadcd for au Enterprize, and for one fole Eftcdl:, ift
that Part in which the Allies are intcrcftcd, and thefe arc ecnerally sailed
Leagues,, and have been Ibnictinics here confirmed by yl£l ofPaniameiit, and arc
luch Agreements, as arc always made by Command of the fupreme Power j
and thefe, as well as Safe Conducfs are, or ought to be of Record, that is, inrolled
in Chancery, that the Subjects may know who are Friends, and can have Adions
4lnIUt. iji. perfonal here, or who the contrary, and can have none.
Leagues commonly arc offenjive, and the ordinary Caufes for which Princes and
Republicks make them, are either to facilitate a Conqucfl:, or to ballance the
Power of an ambitious and enterprizing Neighbour ; fuch were thofe entered
into againft the Opulency and growing Grcatnefs of the Spaniards ; and fince,
in Oppofition to the Aims oi Lewis XIV, after univcrfal Monarchy.
But tV>""gh Leagues are generally qff'cnjive, yet many are confined only to the
defenfive Part, and thefe entered into with the fole View, of guarding againft the
finifter Intentions, or Attempts of any vicinal Power, of which I might produce
many Inftances; but as what I have already faid on the Subjcftmay fufhce for a
Place in a Mercantile Treatifc, ) fhall not intrude any farther on my Reader's
Time or Patience, by enlarging rn it, but proceed to the Articles.
Of Proclamations for War and Peace, ,
THE proclainiing of War, or fetthng of Peace, is one of the Prince's Pre-
rogatives, though both the one and the other arc frequently approved,
and confirmed by Adl of Parliament ; and a general War is either Iblcmnly
denounced, or not ; the former is, when War is publickly declared by our
King againft another State, (as that in 1671 againft the Dutch) and an unfolemn
one is, when two Nations flip into a War without any Proclamation of it, as
was the Cafe of the Spanijh Inval) on, where a real, though not a folemn War,
arofe thereby, and our laft Brca'h witli that Monarch, was commenced and
carried on without any formal Denunciation, till their Example made it necef-
fary to proclaim to the People the Enmity broke out, and in Confequence
thereof, to put into their Hands Weapons to defend themfclves, I mean
Letters of Marque, which were not granted previous to a public Declaration of
the Rupture.
War and Peace are always proclaimed by a Herald at Arms, accompanied by
proper Notaries with fome of the Guards, and when they enter London, they are
joined by fome of the City Officers : The Proclamation is read by the Notaries
to the Herald who repeats it, (all being bare-headed) and is firft begun at
St. James's, then at Charing-Crofs, Temple-Bar, Cheapjide, and laft at the
'Royal-Exchange.
When War is proclaimed, it is cuftomarj' to prohibit (though not always) a
Commerce with the Enemy, by interdicting the Entrance of any of the Com-
modities of his Country into ours, as was done in the late War (beforcmentioned)
with Spain, by the followmg Aft of Parliament, viz.
II. The Preamble fets ibrth, that the repeated Infults, Depredations, and Cruelties
of the Spaniard, had obliged his Majefty to make ufc of the Power which God
had given him, to vindicate the Honour of his Crown, rnd fecurc to his Sub-
jedts their undoubted Rights and Privileges of Navigation and Commerce ; and
in order thereto, his Majefty, onjuft and honourable Grounds, had thought fit
to declare War with Spain ; and it being highly rcquifite to prohibit all Com-
merce between his Majcfty's Subjects, and thofe of Spain in Europe, and to
enforce fuch Prohibitions by fcvere Penalties, It is enaSled, that from and after
p. 54+. the I ft Day of ^k;??, 1740, no Goods whatever, of the Growth or Manufafture
of Old Spain, lying in Europe, or of th;. Canary TJlands (except Goods taken and
condemned as lawful Prize, and ordered to be ibid as perifliable) during the
firefcnt War with Spain, ftiall be imported into Great-Britain or Ireland, or the
(les of Jerfey, Guernfey, Alderney, Sark, Man, Minorca, or the Town of
Gibraltar, froni any Place, mixt or unmixt with the Commodities of the Growtii
or
1 3 G«,
Of the ADMIRALTY.
^45
fter
ure
and
the
the
of
■bVtll
or
Or Produdl of any other Nation, on Penalty of Forfeiture of fuch Goods, and
treble the Value, and of the Ship or Veflcl, with all her Furniture, Off.
This hGi does not extend to hinder fuch Commodities belonging to the King-
dom of Sfain, which (hall bf imported to Minorca or Gibraltar, on or before
the iftof Af<w, 1740, from being imported into Great Britain, on or before the
24th of June, 1740, in Britijh built Shipping, navigated according to Law, and
proved on Oath before the Commiffioners of the Cuftoms, in the Port of London,
or before the Colledlor and Comptroller in any other Port of Great-Britain, who
are to give fuch Oath, and enquire into the Truth, whether fuch Goods were
imported into Minorca or Gibraltar, before the i ft Day of May.
If any Privateer (hall by Confcnt or Collufion take any Ship or Vc(rcl, on Proof P- S4S'
made' thereof in the Court of Admiralty, the Privateer (hall be forfeited, with
all hfcr Guns, Furniture, &c. and the Bail given in the faid Court, on taking See Page 14)
out his Commi(rion; alfo the Merchant Ship fo taken, with her Lading, ®'f • p/"" jfj*of '
ihall be condemned as lawful Prize, one third to go to the Profecutor. tUi Work.
If any Difpute arife, whether the Commodities feized for having been imported
as aforefaid, or any Part thereof, (ingle or mixed, were of the Growth or Manu->
failure of Spain, or imported contrary to this Aftj the Proof (hall be made by
the Importer or Claimer, and not by the Informer or Officer ; and in Default of
fuch Proof, then Judgment (hall be given for Recovery of the Forfeiture, and
Execution immediately granted : And if any Informer or other Pcrfon, who (hall
fcize or profecutc any Goods or Commodities, by Virtue of this Aft (hall, by
Fraud or Collu(ion delay the faid Profecution, or the Profecution of any Pcrfon
offending againft this Aft, he (hall forfeit 500/. for every Offence.
It is further enafted, that his Majcfty at any Time during the War, may by
Proclamation, or Order in Council, to be publiihed in the London Gazette, take p. 546;
olFthe faid Prohibition j and thereupon fuch Goods may be imported, being firft
duly entered, and paying the Cuftoms.
No Pcrfon (hall be admitted to enter a Claim to fuch Seizure, without giving
100/. Security, to anfwer all Charges of Profecution ; and in Default, the faid
Seizure (hall be condemned.
No Goods feized and condemned in the faid Iflands of Jerfey, &c. or in Gib- pi 547.
raltar, by Virtue of this Aft, (hall be imported into Great- Britain or Ireland, on
any Pretence whatfoever, on Penalty of forfeiting the fame, and treble the Valie,
and alfo the Ship importing the fame, with her Tackle, Ammunition, &c. to be
divided, as if fuch Ships and Goods had been imported from foreign Parts, con-
trary to this Aft, ^c
Of the Admiralty.
As the Kingdom of Great-Britain is on all Sides furrounded by the Sea, there
will ever be a NecefTity of Maritime Forces to proteft and defend itj our
Wooden Walls are our Bulwarks and Redoubts, to which we owe our Safety,
and the Proteftion of that advantageous Commerce we carry on.
And for tranfafting of Marine Affairs, the Lord High Admiral hath Courts of
his own, of which that at London is principal and chief, where all Procefs and
Proceedings run in his Name, and not in the King's, as they do in all the Courts
of Common Law. The firft Title of Admiral of Englana, exprefslv conferred
upon a Subjeft, was given by Patent of King Richard II. to the "Eixi of Arundel
and Surry, and it appears, tnat anciently he had Jurifdiftion of all Caufes of
Merchants and M'lriners, happening not only upon the main Sea, but in all foreign
Parts, within the King's Dominions, and without them, and was to judge them 4 m. 7j.
in a fummary Way, according to the Laws of Oleron and others.
In the Reign oi EdwardWl. the Court of Admiralty was eftablifhed, and Ric. II.
limited its Jurifdiftion. Of late Times this high Office has been generally
executed by Commiffioners, who by Statute arc impowcrcd to ufe and execute ^ ur, ^j m.
the like Authorities, as Lord Admiral. «• »•
i t.
''Jf^'l
iv -.-'i
R
The
2^6
I^Rie. II.
c. i.e. X.
3«'/> 107.
3 lull. 113.
II Car. II.
c 9.
Ditto.
If*'
i
S«e 1 1 and 1 2
K: III. c. 7.
4lnft 133.
6 Rep.
2 Cr«. 216.
I S»ti 33.
818.
X E^ijl. 3»2.
4 /.tOK, 25,"".
m. II.
3 t^i;. 60.
0/ the ADMIRALTY.
The Admiral" hath Cognizance of the Death, or maiming a Man, com-
mitted in any ship riding in great Rivers, beneath the Bridges thereof near
the Sea.
But if a Man be killed on any Arm of the Sea, where the Land is feen on
both Sides, the Coroner is by Common Law to inquire of it, and not the Admiral*
for the County may take Cognizance of it ; and vdiere a County may enquir«
the Lord Admiral nat no Jurifr' .aon.
All Ports and Havens (as har ^.^en before obferved) are Ii^a Corput Comitattu,
where the Admiral hath no JurifdidUon, and between High and Low-Water
Mark, he and the Common Law have it by Turns, one upon the Water, and
the other upon the Land.
The Admiral hath Power to arreft Ships for the Service of the King or Com-
monwealth; and every Commander, Officer, or Soldier of Ships of War*
Hiall observe the Admiral's Commands, &c. on Pain of Death or othcc
Punifliment.
The Lord Admiral has Power to grant Commiffions to inferior Admirals, &c.
to call Courts Martial for the Trial of Offences againft the Articles of War, and
thefe Courts determine by Plurality oi Voices, fSc.
An Admiralty Proceis is made out in the Admiral's Name, who has under him
a Judge, commonly fome learned Civilian, and tho' the Pr'^':eedings arc accord-
ing to Civil Law, and the Maritime Laws o(RboJet and OUron (the Sea being with-
out the Common Law) yet by Stat. 28 Hen. VIIL Murder, Robbery, (Sc. at Sea,
may be tried by ipccial CommiiTion to the Lord Admiral, (Sc. according to the
Laws of England.
The Admiralty is faid to be no Court of Record, on Account of its Proceeding
by the Civil Law.
But the Admiralty has Jurifili^on where the Cmmnw Law can give noRemedyt
and all Maritime Caufcs, or Caufes arifing wholly upon the Sea, it hath Cogni-
zance of.
The Admiralty hath Jurifdidion in Cafes of Freight, Mariners Wages,
Breach of Charterparties, though made within the Realm; if the Peoaltjr
be not demanded; and likewife in Cafe of buildine, mending, faving, and
victualling (hips, ISc. ib as the Suit be againft the Ship, and not only agoinA
the Parties.
Mariners Wages are contra<^ed on the Credit of the Ship, and they may all
join Suits in the Admiralty, whereas in Common Law they muft all fever j and
on the contrary, the Mailer of a Ship contrafts on the Owners Credit, and
not the Ship's, and therefore he cannot profecute in the Admiralty for his
Wages.
It is allowed by the common Lawyers and Civilians, that the Lord Admiral
has Cognizance of Scamens Wages, and ContraAs, and Debts for making Ships j
aifo of Things done in navigable Rivers, concerning Damages to Perfons, Ships,
Goods, Annoyance* of free PafTage, &c. of Contracts, and other Things done
beyond Sea, relating to Navigation and Marine Trade.
But if a Contradt be made beyond Sea, for doing of an Adl, or Payment of
Money within this Kingdom, or the Contradt is upon the Sea, and not for a
Marine Caufe, it fliall be tried by Jury j for where Part belongs to the Com-
mon Caw, and Part to the Admiral, the Common Law fliall be preferred j and
Contradls made beyond Sea, may be tried in B. R. and a Fad be laid to be done
in any Place in England, and fo tried here.
Where a Contract is made in England, and there is a Converfion beyond Sea,
the Party may fue in the Admiralty, or at Common Law.
So where a Bond is made and delivered in France: An Obligation made at
Sea, it has been held, cannot be fued in the Admiral's Court, bccaufe it takes
its Courfc, and binds according to the Common Law.
The Court of Admiralty cannot hold Plea of a Matter arifing from a Contradk
made upon the Land, though the Contradt was concerning Things belonging to
tliQ Ship J but the Admiralty may hold Plea for the Seamens Wages, fcV. becaufe
they become due for Labour done on the Sea \ and the Contradt made upon Land
is only to afcertain them.
Though
Of the ADMIRALTY.
247
(5 "3
igh
Seamen ' ^-z* v-
See Wei. 79,
Though where there is l fpecial Aereemeht in Writing, by which
are to receive their Wages in any other Manner than ufual { or if the Agree-
ment at Land be under Sr J, fo as to be more than a Parole Contradt, it is
otherwife.
If Goods delivered on Shipboard are embezzled, all the Mariners ought to ■ uti. i6»,
contribute to the Satiefaiftion of the Party who is the Suftbrer, by the Maritime
Law, and the Caufe is to be tried in the Admiralty.
By theCuftom of the Admiralty, Ooods miy be attached in the Hands of a ManhKtf.
third Perfon, in Catifa Maritima Gf CrvHi. aud they (hall be delivered to the '°4-
Plaintiff after Defaults, on Caution to rcftore them, if the Debt, Qfc. be dif-
proved in a Year and a Day ; and if the Party refufe to deliver them, he may be
imprifoned quoufque, ffx.
The Court of Admiralty may caufe a Party to enter into Bond, in Nature ofCtS. :6o.
Caution or Stipulation, like Bail at Common Lav> ; and if he render his Body, 'J^f'f-
the Sureties are difcharged; and Execution (hall be of the Goods or the Body, see i Ha/i.i}.
&c. not of the Lands.
Some Sailors Clothes were bought in the Parifli of St. Catherine, near the Ow« nz.
^awer, London, and were delivered in the Shipj on a Suit in the Admiralty for "^j^" '^^'•
the Money, Prohibition was granted ; for this was within the County : The
fame of a Ship at Blackviall, 6cc.
But the Admiralty may proceed againft a Ship, Ar.d the Sails, and Tackle, ■ ^*"«'- '79>
when they are on Shore, although alledged to be detained on Land { yet upon
alledging Offer of a Plea, claiming Property therein, and Rcfufal of the Plea,
on this Suggeftion a Prohibition Hiall be had.
The Admiralty Court may award Execution upon Land, though not hold Plea 4 1"''- M'-
on any Thing arifing on Land.
And upon Letters Miffive or Requeft, the Admiralty here may award Execu- i Roll. Abr,
tion, on a Judgment given beyond Sea, where an Englijhman flies, or comes ov* 53°-
hither, by ImpHfonment of the Party, who (hall not be delivered by the Com-
mon Law.
When Sentpnce is given in a foreign Admiralty, the Party may libel for^'V. 418.
Execution of thut Sentence here j becaufe all Courts of Admiralty in Europe are
governed by the Civil Law.
Sentences of any Admiralty in another Kingdom are to be credited, that ours R»ym. 473.
may be credited there, and (hall not be exammed at Law here ; but the King
may b« petitioned, who may caufe the Complaint to be examined ; and if he
finds juft Caufe, may fend to his EmbaiTador where the Sentence was given, to
demand Redrcfs, and upon Failure thereof, will grant Letters of Marque and
Reprifal.
If one be fuedinthe Admiralty, contrary to the Statutes 13 and 15 R. II. he 10 Rep. 75.
may have a Superfedeat, to cau(e the Judge to (lay the Proceedings, and alfo
ha\'e Aftion againft the Party fueing.
rt Ship being privately arreftc! t. Admiralty Procefs only, and no Suit, it was i s«/^. 3i,j».
adjudged a Profecution within the Meaning of the Statutes, and double Damages,
iSc. (hall be recovered.
And if an erroneous Judgment is given in the Admiralty, Appeal may be had
to Delegates appointed by Commiflion out of Chancery, whofe Sentence fliall be
final.
The Lord High Admiral of Great-Britain doth, by Virtue of his Place, appoint Stat. s EUe.
in diverfe Parts of the Kingdom, his feveral Subftitutes, or Vice-Admirab, with '• s-
their Judges and Marihals, by Patent under the Great Seal o. the High Court
of Adfiiralty, which Vice- Admirals and Judges do exercife Jurifdiftion in Mari-
time Affairs, within their feveral Limits j and in Cafe any Perfon be aggrieved
by any Sentence or Interlocutory Decree that has the Force of a definitive Sen-
tence, he may appeal to the High Court of Admiralty.
Beftdcs theabovementioi :d Vice Admirals, &c. the Lord High Admiral hath
under him many Officers differing in Degrees and Qualities, as fome are of a
military, and others of a civil Capacity, fome judicial and others minifterial; fo
that the Marine Jurifdidtion may juftly be deemed a feparate Commonwealth or
Kingdom, and tlie Lord High Admiral be reputed as a Viceroy of it.
There
i'
V
CI
5 Rep Cth
p. 107.
^iV
m
■»?'
■^
K'T-
ih'
a4« 0/ /)&^ A D M I R A LT Y.
There is under this Court, a Court of Equity for determining Differences
between Merchants ; and in criminal Affairs, which is commonly about Piracy,
<he Proceeding in this Court was formerly by Accufation and Information, accord-
ing to the Civil Law, by a Man's own Confcffion, or Eye-Witneffcs, by which
any one was to be proved guilty before he could be condemned ; but that being
found inconvenient, there were two Statutes made by Hen. VIII. that criminal
Affairs fliould be tried by Witneffes and a Jury, and this by a fpecial Commiflioii
of the King to the Lord Admiral, wherein fome of the Judges of the Realm
are ever Commiflioners, and the Trial, according to the Laws of England,
direded by thofe Statutes.
There ftcms to be Divifum Imperium between the Common Luwoi England
and the Admiralty, for fo far as Low-Water Mark is obferved in the Sea, is
counted Jnjra Corpus Comitatus adjacentis, and the Caufes thence arifing are deter-
minable by the Common Law ; yet when the Sea is full, the Admiral hath
JurifdiAion here alfo (fo long as the Sea flows) over Matters done between the
Low- Water Mark and the Land, as appears in Sir Henry Conjlable's Cafe.
The Management of the Navy Royal under the Lord High Admiral, is com-
mitted to the Care of the principal Officers and CommiiTioners of it j and as.all
the Laws for regulating and ordering his Majefty's Navies and Forces by Sea,
were in the 22 Geo. II. coUefted and formed into one Body, I have determined
to give my Reader an Abftradt of it, in hopes the infpedling fo excellent a Code
may afford him a Pleafure.
The Preamble fets forth, that the feveral Sea Laws having been found not to
be fo full, clear, expedient, or confident with each other, as they ought to be,
therefore to amend and explain the fame, and to reduce them into one uniform
Adt, It is enaBed, that from and after the 25th oi December, 1749, the Articles
11 ffrt. If. ""'^ Orders following, as well in Time of Peace as in War, Ihall be obferved and
p. 6119. put in Execution in Manner herein after mentioned.
1 . All Commanders, Captains, &c. of his Majeftys Ships of War, diall cauie
the publitk Worfliip of Almighty God, according to the Liturgy of the Church
of England, to be reverently performed in their relpeftive Ships, and fliall take
care that Pravers and Preaching be performed diligently \ and that the Lord's
Day be obferved according to Law.
2. All Flag Officers, and Perfons belonging to his Majefty's Ships of War,
being guilty of prophane Oaths, Curfings, Execrations, Drunkennefs, Unclean-
nefs, or other fcandalous Adlions, in Derogation of God's Honour, and Corrup-
tion of good Manners, fhall incur fuch Punifhment as a Court Martial (hall think
fit to impofe, Gff.
3. If any Officer or other Perfon of the Fleet, fliall give, or entertain. Intelli-
gence, to, or with any Enemy, or Rebel, without Leave from the King or the
Lord High Admiral, &c. and be thereof convifted by a Court Martial, he fhall
be punifhed with Death.
p. 690. 4- If any Letter or Meffage from any Enemy or Rebel, be conveyed to any
Officer, or any other Perfon in the Fleet, and fuch Perfon (hall not, within
twelve Hours (having Opportunity) acquaint his fuperior Officer with it j or if
any fuperior Officer, being acquainted therewith, mall not in convenient Time
reveal the fame to the Cominander in Chief, every Perfon fo offending fliall fuffer
Death, ^c.
5. All Spies, who fliall bring or deliver any feducing Letters or Meffages,
from any Enemy or Rebel ; or endeavour to corrupt any Perfon in the Fleet, they
fliall fiiffcr Death.
6. No Perfon in the Fleet fliall relieve an Enemy or Reb-il, wiih Money,
Viduals, Powder, Shot, Arms, Ammunition, or any othei Supplies, diredly or
jndircdiy, upn Pain of Death, ^c.
7. All Writings whatfoever, that fliall be taken, or found on board Ships
which fliall be taken as Prize, fliall be preferved, and the Originals fliall, by the
commanding Officer of the Ship which (hall take fuch Prize, be fent entirely
and without Fraud to tlic Court of Admiralty, or fuch other Court, or Com-
iniffioners, at fliall be authorized to determine whether fuch Prize be Ir.i I'ul
3 Captui?,
K"
Of the ADMIRALTY. 249
Capture, there to be viewed, made ufe of, and proceeded upon, according to
Law, upon Pain of forfeiting his Share of the Capture, Off.
8. No Perfon in, or belonging to the Fleet, fliall take out of any Prize, any
Money, Plate, or Goods, unTefs it (hall be ncceflary for the better fecuring
thereof, or for the ncceflary Ufe or Service of any of his Majefty's Ships of War,
before the fame be adjudged lawful Prize; but the entire Account of the Whole,
without Embezzlement, (hall be brought in, and Judgment paflied upon the
Whole, without Fraud, upon Pain that every Perfon offending (hall forfeit his
Share of the Capture, ^c.
9. If any Veffel (hall be taken as Prize, none of the Officers or Perfons on
board her, (liall be (tripped of their Cloaths, or pillaged, beaten, or evil-intreated,
upon Pain, that the Offender (hall be pam(hed as a Court Martial (hall
fentence.
10. Every Flag Officer, Captain, and Commander in the Fleet, who upon
Signal or Order of Fight, cr Sight of any Ship or Ships, which it may be his
Duty to engage, or who upon Likelihood of Engagement, (hall not make the
ncceffary Preparations for Fight, and (hall not in his own Perfon, and according
to his Place, encourage the inferior Officers and Men to fight courageoufly, (hall
fu(fer Death, or other Puni(hment, ^c. and if any Perfon in the Fleet (hall trea-
cheroufly or cowardly yield, or cry for Quarter, on being convided, (hall fuffer
Death.
1 1 . Every Perfon in the Fleet, who (hall not duly obferve the Orders of the
Admiral, Flag 0(ficer, Commander of any Squadron or Divifion, or other his
fuperior Officer, for aifailing, joining Battle with, or making Defence againft any
Fleet, Squadron, or Ship, or (liall not obey the Orders of his fuperior Officer,
in Time of Adion, to the befl of his Power, or (h?" not ufe all poflible En-
deavours to put the fame effcftually in Execution, being convided thereof, (hall
fufFcr Death, G?f.
12. Every Perfon in the Fleet, who through Cowardice, Negligence, or Dif-
affedion, (hall, in Time of Adion, withdraw or keep back, or not come into
the Engagement, or (hall not do his utmoft to take or deftroy every Ship which
it (hall be his Duty to engage, and to aflift and relieve all and every of his
Majefty's Ships, or thofe of 1 is Allies, which it (liall be his Duty to a(ri(l and
relieve, being convided thereof, (hall fuffer Death.
13. Every Perfon in the Fleet, who through Cowardice, Negligence, or Di(^
affedtion, (hall forbear to purfue the Chace of any Enemy, Pirate, or Rebel,
beaten or flying ; or (hall not relieve and a(fift a known Friend in View, to the
utmoft of his Power, being convidted, (hall fuffer Death.
1 4. If any Aftion, or any Serricc (hall be commanded, and any Perfon in the
Fleet (liall prefume to delay or difcourage the fame, upon Pretence of Arrears of
Wages, or any Pretence whatfoever, ajid be convided thereof, he (hall fuffer
Death, Off.
15. Every Perfon in, or belonging to the Fleet, who fliall defert to the
Enemy, Pirate, or Rebel, or run away with any of his Majefty's Ships, or any
Ordnance, Ammunition, Stores, or Provifion belonging thereto, to the weaken-
ing of the Service, or yield up the fame cowardly or treachcroufly, being con-
viftcd, fliall fuffer Death.
16. Every Perfon in or belonging to the Fleet, who (hall defert or intice others
fo to do, (liall fuffer Death, or ("uch other Puni(hmpnt, as the Circumftances of
tlic Offence (hall deferve, and a Court Martial (hall think fit ; and if any Com-
manding Officer of any o*" his Majefty'^ Ships of War, (hall receive or entertain a
Dcferter from any other of his Majefty's Ships, after difcovering him to be fuch,
and fliall not with all convenient Speed give Notice to the Captain of the Ship,
to which futh Deferter belongs, or if the faid Ships are at any confiderable Dif-
tance from each other, to the Secretary of the Admiralty, or to the Com-
mander in Chief, every Perfon fo oflx'nding, and being convifted, Gfc, (hall be
t.i(hiercd.
17. The Officers and Seamen of all Ships appointed for Convoy of Merchant StePagc jig
Ships, or of any other, fliall diligently attend upon that Charge without del-", of this Work,
according to their Inftrudions j and whofoever fliall be faulty therein, and (hall
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not perform their Oiity, and defend tlie Ships and Goods in their Convoy, with-
out either diverting to )thcr Parts, or Occafions. or rcfufing, or neglefting to
fight in their Defence, if they be afTailcd, or running away cowardly, and fub-
mitting the Convoy to Peril and Hazard, or fliall demand, or exaft any Moncv
or other Reward from any Merchant or Mafter, for convoying of any Veflefs
intruftcd to their Care, or rtiall mifufe the Maflcrs or Mariners thereof, fhall be
condemned to make Reparation of tht Damage to the Merchants, Owners, or
others, as the Court of Admiralty fliall adjudge, and alfo be punifhed according
to the Quality of their Offences, by C-ath, or other Punifliment, according as
fliall be aHjudged by the Court Martial.
18. If any Captain, or other Officer of any of his Majefly's Ships, fhall
receive on ooard, or permit to be received on board luch Ship, any Goods or
Merchandizes, other than for the fole Ufe of the Ship, except Gold, Silver, or
Jewels, and except thcGcd^s and Merchandizes belonging to any VclTel which
may be fliipvvrecked, or in irriminent Danger of being fhipwreckcd, cither on the
high Seas, or in any Port, Creek, or Harbour, in order to the preferving them
for their proper Owners, and except fuch Goods or Merchandizes as he fliall be
ordered to receive on board by Order of the Lord High Admiral of Great- Britain,
P 69+. or the CommifTioncrs for executing the faid Office, and be convidled thereof,
&c. he fhall be cafhiered, and be for ever afterwards rendered incapable to fcrve
in any Place or Office in the Naval Service of his Majefty, &c.
19 If any Perfon in, or belonging to the Fleet, fhall make, or endeavour to
make any mutinous Affembly, upon any Pretence whatfoevcr, and be convidled
thereof, &c. he fhall fuffer Death : And if any Perfon fhall utter any Words of
Sedition or Mutiny, he fliall fuffer Death, or fuch other Punifhmcnt as a Court
Martial fliall deem him to deferve : And if any Officer, Mariner, or Soldier, fliall
behave himfelf with Contempt to his Superior Officer, fuch Superior Officer
being in the Execution of his Office, he fliall be puniflied according to the
Nature of his Offence by the Judgment of a Court Martial.
20. If any Perfon in the Fleet fhall conceal any traiterous, or mutinous
Pradlice or Defigu, being convidled thereof, G?r. he fhall fuffer Death ; and if
any Perfon fhall conceal any traiterous or mutinous Words, fpoken by any, to
the Prejudice of his Majefty or Government, or any Words, Pradlircsor Defigns,
tending to the Hindrance of the Service, and fhall not forthwith reveal the fame
to the Commanding Ofiiccr, or being prefent at any Mutiny or Sedition, fhall not
ufe his utmoft Endeavours to fupprefs the fame, he fhall be punifhed as a Court
Martial thinks he dcfcrvcs.
21. If any Perfon in the Fleet fliall find Caufe of Complaint, of the Unwhol-
fomcnefs of the Vidliial, or other juft Ground, he fhall quietly make the fame
known to hi^ Superior, or Captain, or Commander in Chief, as the Occafion
may deferve, that fuch prefent Remedy may be had as the Matter may require ;
and the faid Superior, &c. fliall, as far as he is able, caufe the fame to be pre-
p. 655. fently remedied; and no Perfon upon fuch, or any other Pretence, fhall attempt
to ftir up any Difturbance, upon Pain of fuch Punifliment as a Court Martial fhall
think fit to inrtidl, &c.
22. If any Officer, or other Perfon in the Fleet, fliall ftrike any of his Supe-
rior Officers, or draw, or offer to draw, or lift up any Weapon againfl him,
, being in the Execution of his Office, on any Pretence whatfoevcr, and be
convidled thereof, &c. he fhall fuffer Death ; and if any Perfon fhall prefume to
quarrel with any of his Superior Officers, bein^ in the Execution of nis Office,
or fliall difobey any lawful Command of any of his Superior Officers, and be con-
vidled thereof, fee. he fhall fuffer Death, &;c.
ZT. If any Perfon in the Fleet fliall quarrel, or fight with any other Perfon fa
the Fleet, or ufe reproachful or provoking Speeches, or Geftures, tending to
make any Qu.irrcl or Difturbance, he fliall, upon being convidled, fuffer fuch
Punifliment as the Offence fliall deferve, and a Court Martial fhall impofe.
24. There lliall he no waftcful Expence of any Powder, Shot, Ammunition,
or other Stores in the Fleet, nor any Embezzlement thereof, but the Stores and
Pruvilions fliall be carefully prcfervtd, upon Pain of fuch Punifliment to the
Offenders,
Of the ADMIRALTY. 251
Offenders, Abettors, Buyers and Receivers (being Perfons fubjedt to Naval Dif-
ciplinc) asfhall be by a Court Martial found juft.
25. Every Perfon in the Fleet, who fljall unlawfully burn, or fet fire to any
Magazine, or Store of Powder, or Ship, Boat, Ketch, Hoy, or Veffel, or Tackle,
or Furniture thereunto belonging, not then appertaining to an Enemy, PinUe, or
Rebel, being convidtcd of any fuch Offence, by the Sentence of a Court Martia)>
iball fuffer Death.
26. Care fhall be taken in the Condudting and Steering any of his Maji.fty's p. 696.
Ships, that through Wilfulnefs, Negligence, or other Defaults, no Shin be
ilranded, or run upon any Rocks, or Sands, or fplit, or hazarded, upon Pain,
that fuch as (hall be found guilty therein, be punifhed by Death, &c.
27. No Perfon in, or b*. ^ngin,^ to the Fleet, fliall fleep upon his Watch,
negligently perform the Duty impofed on him, or forfake his Station upon Pain
of Death, &c.
28. All Murders committed by any Perfon in the Fleet, fliall be punifhed
with Death, &c.
29. If any Perfon in the Fleet fliall commit the unnatural and dcteftable
Sin of Buggery or Sodomy, with Man or Beaft, he fhall bt puniflhed with
Death, &c.
30. All Robbery committed by any Perfon in the Flee;, fliall be punifhed
with Death, &c.
31. Every Officer, or other Perfon in the Fleet, who fhall knowingly make,
or fign a falfe Mufler, or Mufter-Book, or who fhall command, counfel, or pro-
cure the making or figning thereof, (hall, upon Proof of any fuch Otfence, 6cc.
be cafhiered, and rendered incapable of farther Employment in his Majcfly's
Naval Service.
32. No Provofl-Marfhal belonging to the Fleet, fhall refufe to apprehend any
Criminal, whom he fliall be authorized, by legal Warrant, to apprehend, or to
receive, or keep any Prifoncr committed to his Charge, or wilfully fuffer him to
cfcapc, being once in his Cuftody, or difmifs him without lawful Order, upon p. 697.
Pain of fuch Punifliment as a Court Martial ihall deem him to deferve j and all
Officers, and others in the Fleet, fliall do their endeavour to detedt, apprehend,
and bring to Runifhment all Offenders, and fhall affift the Officers appointed for
that Purpofe therein, upon Pain of being proceeded againft, and punilhed by a
Court Martiil, &c.
33. If any Flag Officer, Captain, or Commander, or Lieutenant belonging to
the Fleet, fliall be convidted before a Court Martial, of behaving in a fcandalous,
infamous, cruel, oppreffive, or fraudulent Manner, unbecoming the Charader of
an Officer, he fhall be difmiffcd from his Majefty's Service.
34. Every Perfon being in aftual Service, and full Pay, and Part of the Crew
belonging to any of his Majefty's Ships of War, who fliall be guilty of Mutiny,
Defertion,or Difobcdience to any lawful Command, in any Part of his Majefly's
Dominions on Shore, when in adual Service relative to the Fleet, fhall be liable
to be tried by a Court Martial, and fuffer the like Punifhment for every fuch
Offence, as if the fame had been committed at Sea.
35. If any Perfon who fliall be in aftual Service, and full Pay in his Majefly's
Ships of War, fhall commit upon the Shore, in any Place out of his Majtfty's
Dominions, any of the Crimes, punifhable by thefe Articles and Orders, he fliall
be liable to be tried and punifhed for the fame, in like Manner, as if the laid
Crimes had been committed at Sea.
36. All other Crimes, not Capital, committed by any Perfon in the Fleet,
which arc not mentioned in this Aft, or for which no Punilhment is hereby
direfted to be infhfted, fhall be puniflied according to the Laws and Cuftoms in
fuch Cafes ufed at Sea.
No Perfon conviftcd of any Offence, fliall, by the Sentence of any Courtp. 69S.
Martial be adjudged to be imprifoned for a longer Term than two Years.
No Court Martial fhall proceed to the Puniihmcnt, or Trial of any Oftcnce
(except the Offences fpecified in the 5th, 34th, and 35111 of the foregoing Articles
and Orders) which fhall not be committed upon the main Sea, or in great Rivers
only, beneath the Bridges of the faid Rivers nigh to the Sea, e^r in any Hai-en,
River,
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River, or Creek, within the Jurifditftion of the Admiralty, and which ftiall not
be committed by fuch Pcrfons, as at the Time of the Offence, fliall be in aftual
Service, and full Pay in the Fleet, fuch Pcrfons only excepted, and for
fuch Offences only, as arc defcribcd in the 5th of the foregoing Articles and
Orders.
No Court Martial conftituted by Virtue of this Aift, fliall proceed to the Punifli-
mcnt or Trial of any Land Officer or Soldier, on board any Tranfport Ship, for
any Offences fpecified in the faid Articles.
From and after the 25th oi December, 1749, the Lord High Admiral of Great-
Britain, or the Commiffioners for executing the faid Office, are impowered to
frant Commiffions to the Commander in Chief of any Fleet or Squadron of
hips of War, to call and affcmble Courts Martial, con ifting of Commanders
and Captains s and if fuch Commander in Ch.cf fhall die, be recalled, or removed
from his Command, then the Officer upon whom the fiid Command ftiall^from
Time to Time devolve liall h ' ' '" -- - . . _
Martial, as the firftCc.
No Commander in C
Detachment thereof, coi
Court Martial in foreign 1: ,
'he lime Power to call and affcmble Courts
in ii Chief was invcfted with.
Fleet, or Squadron of his Majefty's Ships, or
nore than five Ships, ftiall prefide at any
JUt rh-^ Officer next in Command fhall hold
fuch Court Martial, and prchde there!
From and after the 2cth oi December, 1/49, if any Commander in Chief in
foreign Parts, fliall detach any Part of his P leet or Squadron, he fliall by Writing
under his hand, impower the Chief Commander of the Squadron or Detachment,
ordered on fuch feparate Service (and in Cafe of his Death or Removal, the
Officer to whom the Command fliall belong) to hold Courts Martial during the
Time of fuch feparate Service, or until he fliall return to his Commander in Chief,
or fliall come under the Command of any other his Superior Officer, or return to
Great-Britain or Ireland.
Where any material Objeftion occurs, which may render it improper for the
Perfon, next in Command to the fenior Officer, or Commander in Chief of any
Fleet or Squadron, in foreign Parts, to hold Courts Martial, or prefide thereat,
the Lord High Admiral, or the Commiffioners for executing the faid Office, as
alfo the Commander in Chief of fuch Fleet or Squadron, may appoint the third
Officer in Command to prefide at, or hold fuch Court Martial.
From and after the 25th of December, 1749, the Lord High Admiral, or the
CommilHoncrs for executing the faid Office, are impowered to direfl any Flag
Officer, or Captain of any of his Majefty's Ships of War, who fliall be m any
Port of Great Britain or Ireland, to hold Courts Martial in fuch Port (provided
fuch Officer be the firfl, fecond, or third in Command, in fuch Port) as fliall
be found moft expedient, and for the Good of the Service; and fuch Flag Officer
or Captain fliall prefide thereat.
From and after the 25th oi December, 1749, no Court Martial fliall confift of
more than thirteen, or of lefs than five Perlbns, to be compofed of fuch Flag
Officers, Captains, or Commanders, then, and there prefent, as are next in
Seniority to the Officer who prefidcs at the Court Martial.
Tlic Lord High Admiral, or the Commiffioners for executing the faid Office,
or any Officer impowered to order or hold Courts Martial, fliall not direft
or afccrt.un the particular Number of Pcrfons of which any Court Martial fliall
confirt.
If any Court Martial fliall be appointed to be held at any Place, where there
are not lefs than three, nor yet fo many as five Officers of the Degree of a Poft
Captain, or of a Superior Rank, to be found, the Officer who is to prefide, fliall
call to his Affiflance as many of the Commanders of his Majefty's Vcffels under
that Rank, as, together with the Poft Captains, will make up the Number of five
to hold fuch Court Martial.
From and after the 25th oi December, 1749, no Member of a Court Martial,
after Trial is begun, (hall go on Shore till Sentence be given, but remain on
board the Ship in which the Court fliall firft affcmble, except in cafe of Sicknefs,
to be judged of by the Court, upon Pain of being cafliiered; nor fliall the Pro-
ceedings of the Court be delayed by the Abfence of any Members, provided a
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Of the AD MIR ALT Y.
fufficicnt Ni'mbcr remain to compofc the Court, which (hall fit from Day to
Day (Sunday always excepted) until Sentence be given.
From and after the faid 25th o( Decmber, all the Officers prcfcnt, who are to
conftitute a Court Martial for the Trial of Offenders, fliall, before they proceed to
Trial, take an Oath before the Court, to be adniiniflrcd by the Judge Advocate
or his Deputy, in the Words following, -viz,
2-53
I A. B. do fwear, that I will duly adminiAcr Jufticc, according to the
Articles and Orders, cflablifhed by an Aft paffed in the twenty-fccond Year
of the Reign of his Majcfty King George the Second, for amending, explaining,
and reducing into one Adt of Parliament, the Laws relating to the Govern-
ment of his Majefty's Ships, Vcflels, and Forces by Sea, without Partiality,
Favour or Affedlion ; and if any Cafe fliall arife, which is not particularly
mentioned in the faid Articles and Orders, I will duly adminifter Juflice
according to my Confcience, the bed of m^ Underftanding, and the CuAom
of the Navy in the like Cafes; and I do turther fwear, that I will not upon
any Account, at any Time whatfoevcr, difclofe or difcovcr the Vote or Opinion
of any particular Member of this Court Martial, unlcfs thereunto required by
Aft of Parliament,
So help me God."
And fo foon as the faid Oath fliall have been adminiftered to the refpcftive
Members, the Prcfident of the Court fliall adminifler to the Judge Advocate, or
the Perfon ofliciatijig as fuch, an Oath in the following Words.
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" T A. B. do fwear, that I will not upon any Account, at any Time wi
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" ber of this Court Martial, unlcfs thereunto required by Aft of Parliam'* ,
So help me God.'
If any Perfon in the Fleet being called upon to give Evidence at an^ z .1
Martial, fliall refufc to give Evidence upon Oath, i^r fliall prevaricate, or behave
with Contempt to the Court, fuch Court Martial is impowered to commit the
Offender, for any Time not exceeding three Months, in cafe of fuch Rcfufal or
Prevarication, nor longer than one Month in cafe of fuch Contempt; and every
Perfon who fliall either commit, or corruptly procure, or fuborn any Perfon to
commit wilful Perjury, fliall be profecuted in the King' s-Bencb, by Indirtment
or Information; and every Iffue joined thereon, fliall be tried by a Jury of
Middlefex, or fuch other County as the faid Court fliall direft ; and the Offender
upon Conviftion fliall fuffer the Pains and Penalties enafted to be inflifted for
the like Offences by an Aft of 5 Eliz. and 2 Geo. II. Gfc.
In every fuch Information or Indiftment, it fliall be fufiicient to fet forth the p- 703.
Offence charged upon the Defendant, without fetting forth the Commifiion for
holding the Court Martial, or the particular Matter tried or direfted to be tried
before fuch Court.
From and after the 25th oi December, 1749, no Sentence of Death given by
any Court Martial held within the Narrow Seas (except in Cafes of Mutiny) fliall
be executed till after Report of the Proceedings Ihall nave been made to the Lord
High Admiral, or the Commiffioners for executing the faid Office, and HJs or
their Direftions ihall have been given therein j and if the faid Court fliall
have been held beyond the Narrow Seas, then fuch Sentence of Death fliall
not be executed but by Order of the Commander of the Fleet or Squadron
wherein Sentence was paffed ; and where Sentence of Death fliall be paffed in
any Squadron detached from any otiier Fleet or Squadron upon a feparate Service,
then luch Sentence (except in Cafes of Mutiny) Ihall not be executed but by
Order of the Commander of the Fleet or Squadron, from which fuch Detach-
ment fliall have been made, or of the Lord High Admiral, or the Commiffioners
for executing the faid Office; and where Sentence of Death fliall be paffed in any
Court held by the Senior Officer of five or more Sliips which fliall happen to meet
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in foreign Parts, then fuch Sentence (except in Cafes of Mutiny) fliall not be
executed but by Order of the Lord High Admiral, orConainiflioncrs for executing
the faid Office,
r- 704. The Judge Advocate, or his Deputy, is to adminifter an Oath to WitnefTcs at
any Trial by a Court Martial j ana in the Abfencc of the Judge Advocate and
his Deputy, the Court (hall appoint any Pcrfon to execute the (aid Office.
From and after the 25th oiDec-mbir, 1 749, all the Powers given by the feveral
Articles and Orders eftabli(hcd by this Aft, (hall be in force with rclpcft to the
Crews of (uch of his Majelly's Ships as fliall be wrecked or be othcrwifc loft or
dcflroyed} and all the Command and Authority given to the Officers, (hall be
in force as cfFedlually as if futh Ships to whicn they did belong, w^-rc not fo
wrecked or deftroycd, until they (hall be difcharged from his \fajefty's farther
Service, or removed into fome other Ship of War, or until a Court Martial be
held to enquire into the Caufes of the Lofs of the faid Ship j and if it (hall appear
by the Sentence of the Court, that the faid Officers or Seamen did their utmoft
to prcic'-vc or recover the faid Ship, and fince the Lofs thereof have behaved
obediently to their Superior Officers, according to the Difcipline of the Navy and
the Articles aforrfaid, then all the Pay and Wages of the (aid Officers and Sea-
men, or of fuch of them as (hall have done their Duty, (hall be paid to the
Time of their Difch;\rge or Death ; or if they (hall be then alive, to the Time
of the holding of fuch Court Martial, or their Removal into fome otlwr of his
Majefty's Ships j and every Perfon who, after the Wreck or Lofs of his Ship,
(hall aft rontrary to the Difcipline of the Navy, and the Articles and Orders
aforcfaid, (liall be fcntcnccd by the faid Court Martial, and puni(hed, as if the
Ship tf) which he did belong, was not fo wrecked or deftroycd.
trom and after the faid 25th of December, all the Pay and Wages of fuch
Officers and Seamen of any of his Majefty's Ships as are taken by tne Enemy,
and upon Enquiry at a Court Martial, (liall appear by the Sentence of the faid
Court to have dene their utmoft to defend the faid Snip, and fince the taking
thereof, to have behaved obediently to their Superior Officers, according to the
Difcipline of the Navy, and the Articles aforefaid, (hall be paid from the Time
of their being fo taken, to the Time of the holding of fuch Court Martial, or
until they (hall be difcharged from his Majefty's Service, or removed into fome
other Ship of War, or (if they (hall die in Captivity, or before the holding of
fuch Court Martial) to the Time of their Death, in fuch Manner as if the Ship
to which they did belong refpeftively was not fo taken.
No Perfon, not flying from Jufticc, fliall be tried or puni(hed by any Court
Martial for any Offence againfl this Aft, unlefs Complaint of fucn Offence be
made in Writing to the Lord High Admiral, or to the Commiftioners for
executing the faid Office, or any Commander in Chief of his Majefty's Squadrons
or Ships, impowered to hold Courts Martial j or unlefs a Court Martial to try
■luch Offender (hall be ordered by the Lord High Admiral, or the Commiffioners
for executing the faid Office, or the faid Commander in Chief, either within
three Years after fuch Offences (hall be committed, or within one Year after the
Return of the Ship or Squadron, to which fuch Offende- (hall belong, into any of
the Ports of Grtat-Britain or Inland, or within one Year after the Return of ("uch
Offender into Great-Britain or Ireland.
p ;o5. From and after the faid 25th of December, if any Captain or other Officer of
the Fleet, (hall receive, or fuffer to be received on board, any Goods or Merchan-
dizes, contrary to the true Intent and Meaning of the eighteenth Article of this
Aft, he (hall for every fuch Offence, over and above any Puni(hment inflifted by
this Aft, forfeit and pay the Value of (uch Gootisand Merchandizes, or the Sum
of 500/. Pt the Eleftion of the Informers, or Peifon who (hall fue for the fame,
fo that no more than one of thefe Forfeitures (hall be Cued for and recovered
againft the fame Perfon for one and the fame Offence; one Moiety to the
Informer, and the other to Gr£f«w/V,6Hofpital, Gfr.
p .(,7 This Aft fliall not extend to take away from the Lord High Admiral, or the
CommifTioners for executing the faid Office, or any Vice Admiral, or Judge of
the Admiralty, or his or their Deputies, or any Officers or Minifters of the
Admiralty, or others having or claiming any Admiral Power or Authority
within
M'
Of the ADMIRALTY.
^iS
within this Realm, or any other the King's Dominions, or from any Pcrfon or
Court whatfoevcr, any Power, Right, Jurifdidtion, Pre-eminence, or Authority,
which any of them lawfully hath, or had, or ought to have and enjoy hcfbr.'; the
making of this Adt, fo as the fame Pcrfon Ihall not be putiilhcd twice for the ikme
Offence.
The Repeal of the before recited Statutes, or any thing herein contained,
ftiall not difcharge or prevent any Profecution or Suit, which is, or fhnll bo
commenced againft any Pcrfon, for any Offence committed on or before the faid
25th of Deccmhtr, 1749, or to be committed againit the faid Statutes i but all
Perfons who have been, or Ihall before the faid 25th of December be, guilty of
any fuch Offence, fliall and may be profccutcd, condemned, and punifhcd for
the fame, as well after as before the faid 25th of December, as if the laid Statutes
had not been repealed.
Since the above A£t the following was made for the Encouragement of Seamen
to enter into his Majcfty's Service, during theprcfent War, begun in 1756.
The Preamble fets forth, that the Encouragement of Seamen employed in the 31 c«. II.
Royal Navy, will greatly tend to augment the Marine Force of this Realm j
whereon, under the good Providence and Protcdtion of God, the Security of
thefc Kingdoms, and the Support and Prefcrvation of their Commerce, do mofl
immediately depend : And that by an Aft i Geo. II. and another of the fame
SefTion, feveral Provifions and Regulations were enabled ?nd prefcribed for the
Benefit and Encouragement of Seamen employed in the Royal Navy; and for
Krcventing Frauds and Abufes in purchafing their Wages ; wnich Provifions and
xgulations, from various Difficulties in carrying the fame into Execution, have
been found in a great Mcafure ineffcdlual to anfwer the Purpofe thereby intended.
And that the cftablifhing a regular Method for the pund^ual, frequent, and certain
Payment of the Wages or Pay due to Inferior Officers and Seamen employed in
the Royal Navy ; the enabling fuch Officers and Seamen more ealiiy and readily
to obtain fuch Payments, and to allot and remit any Part thereof, for the Sup-
port and Relief of their Wives and Families ; and the preventing, as far as may
be, the Unwary, the Ignorant, or the NeccfTitous, from being defrauded and
injured by the Extortion and Ufury of wicked and evil defigning Perfons, are of
the utmoft Conlequencc to the Publick Service. Therefore, for eflcdtuatirig
thefe important and compafTionatc Purpofes, it is emiiieJ, that from and after
I Nfn'emoer, 1758, every Volunteer, wlio fhall enter his Name with a Com-
miffion Officer, appointed for entering Volunteers in the Royal Navy, and fliall
receive from him a Certificate thereof, (which is to be given him gratis) is
entitled to Wages from the Date thereof, including the Day of the Date, if he
appears on board within fourteen Days, if the Ship is not above one hundred
Miles from the Place of entering ; twenty Days if above one hundred Miles ; or
thirty Days if above two hundred Miles j and fhall be allowed the ufual Condudl
Money, and alto two Months Wages Advance, at the firft fitting out the Ship,
and before the Ship proceeds to Sea.
Every Supernumerary Man ferving ten Days in any Ship, fhall be borne for
and entitled to his Wages upon the Hooks of fuch Ship, and to all other Benefits,
as if he was Part of the Complement : But Men lent from one Ship to another,
fliall continue to be borne for the Ship from which they were lent, till
difcharged.
Every Inferior Officer or Seaman, who fhall be turned over from one Ship to
another (in Cafe the Ship into which he is turned over, is then, or fhall, come
into a Port of Great-Britain, where there is a Commilfioner of the Navy) fhall
be paid ?11 the Wages due to him in the Ship from which he was turned over,
before the Ship into which he was turned over fhall proceed to Sea, unlel's
direckd otherwife by fpecial Order from the Admiralty, in cafes of the greatefl
Exigency only ; and if the Ship proceed to Sea, the Wages fhall be paid as foon
as fuch Ship ihall come again into any Port of Great-Britain, where there is a
CommifTionCr.
Every Officer or Seaman, who fhall be turned over, fliall not be rated in a
lower Degree than he I'erved in the former Ship ; and above his Wages, fliall
receive two Months Advance before the Ship fhall proceed to Sea.
5 As
.'■■ m%
IE* ' ■ - '«^;»it» I
t f
pf
256
Of the ADMIRALTY.
^'^:"'- %
As often an any Ship, which (hall have been in Sea I'ay twelve Montis or
more, (hall arrive in any I'ort of Cin-itf- Britain, or on tnc C'oaH thereof, the
MadcrOiall caufc five compleat Pay- Hooks to be made out for the Time fiuli
Ships (liall have been in Pay, except the laA fix Months, and tranfiiiit fuch
fiooks, together with three Alphabets, and a Slop-Book to the Navy-Board :
And as foon as ftich Ship (lull arrive in any Port 01 Great-Britain, where th«rc
is a CommifTioner, immediate Payment (hall be made of the Wages due to the
Officers and Seamen, their Executors, Gff. deducing the Advance Money and
all Pcfalcations, leaving always fix Months Wages unpaid and no more. And all
Wages due to any Ships, (hall be paid as f<K)n as may be, or within two Months
at fartheft, after titc Arrival of fuch Ship in Port to be laid up.
If any Inferior Officer or Seaman, who was abl'ent at the Payment of his Ship,
or his Captain for liim, (hall apply to the Navy-Iioard, "i calc (uch Ship (hall be
in any Port oi Gn-at- Britain, wnere '.' .'re is a Commitlioncr, the Pay-Lids (liall
be Cent to ("uch CommifTioner, who (hall forthwith caufe the Wages to be paid
to fuch Perfon.
The Commamlcr (liall make out a Ticket upon the Death of every Petty
Officer or Seanin?i, and (liall tranfmit the fame to the Navy-Board, who are to
c^ufe the Day of Receipt to be indorfcd thereon, and (hall examine and (ign the
fame for Payment withm one Month after the Receipt thereof: And the (amc
(hall be ilclivered, and Payment thereon made, without Fee or Reward, to
the Executors, Adminiilrators, or Attorney, or the Executors, &c. of (uch
Officer or Seamen.
Wiien any Inferior Orticer or Seaman (hall be rendered unferviccable, the
Commander (hail give him a Certificate of his Difcharge,' and make out a
Ticket for his Pay (unle(s the Ships (hall be in fome Port of Great-Britain, or
on the Coaft thereof, or (hall belong to fomc Squadron from which he is not
feparated j in which Cafe he is to make a Report to the Commander in Chief,
and receive his Orders thcrcujwn) and (hall fend the Ticket to the Navy-Board i
and deliver only to fuch Officer or Seaman the Certificate of his Difcharge, con-
taining an cxadt Copy of the Ticket, and a Dcfcription of his Perfon. The
Cominillioners of the Navy (hall caufc the Day when fuch Ticket was received,
to be indorfed thereon 1 and, after Examination, (hall aflign the fame for Pay-
ment, within one Month at fartheft after making ("uch Indorfement. And if
any Officer or Seaman (liall prcfent fuch Certificate at the Navy-Office, the
Commiffioncrs arc forthwith to examine fuch Certificate, and the [>erfon prefcnt-
ing the (iimc ; and being fatisfied therein, (hall tcftifv the fame on the Certifi-
cate J and the Ticket (hall be immediately delivered him, and paid at the Pay-
Office to fuch Otiiccr or Seaman only, without Fee or Reward. If the Tickets
fliall not have been tranfmittcd to the Navy-Office, the Money appearing to be
due by the Copy, (liall be paid as if the Certificate had been received. Such
Ofliccr or Seaman, jjcing delirous to receive his Wages at any Port of Great-
Britain, where a Comniillioncr relidcs, may produce his Certificate to him, and
being fatisfied of the Truth thereof (hall fign and tranlinit the fame to the
Navy-Board ; who within four Days after receiving it, are to fend the Ticket if
received, otherw lie a C'opy of the Certificate, to the Commiffioner at fuch Port,
who (liall caufe immediate Payment thereof to be made, without Fee or Reward.
And ("end (uch Oliicer or Seaman to the neareil Hofpital, where he is to be
received and vidluallcd, from the Time of prefcnting (uch Certificate until Pay-
ment is made.
If ("uch Certificate he loft or dcftroyed, or not prefentcd in Perfon, or the
Money paid before the General Payment of the Ship's Company, the Ticket
(liall be cancelled, and the Wages paid as if no Ticket had been made out.
When any Inferior Officer or Seaman (hall, by Order of the Commander, be
fet a Shore, and be fent to any Hofpital or (ick Quarters, fuch Commander (hall
make out a (ick Ticket for the Wages due to fuch Per("on, and tranfmit the fame
with fiuh OtlkxT or Seaman to fuch Hofpital or fick Quarters; and if he ftiall
he regularly difchargcd from thence as unferviccable, a Certificate of his Dif-
charge with the fick Ticket annexed, (hall be delivered to him ; and if he (hall
prcfent the fime to a Commiffioner at any Port of Great-Britain, fuch Com-
miffioner
be
Ihall
fame
(hall
Dif-
Ihall
Of the ADMIR A LTY.
mifTioncr being fAtiiAcd thereof, (hall flgn ihc fame on the Certificite, and
tranfmit the Certificate and fick Ticket to the Navy-B<iard, who are to caufc
the Day it wai received, to be indorfcd thereon, and ulfo c3m(k it to be examined
by the Muftcr-Uooks, if received) and then within four Hayii, to cuiilc a Ticket
or Pay-Lift to be made out for fiich Pcrfons Wages, and to fend the fame to the
ConiinitVioncr ) who (hall caufe immediate Payment to be made of the Wagei of
fuch Seamen, without Fee or Reward ; who, notwithftanding fuch Difcharge,
(hall be maintained in fuch Ilofpital or ftck Quarters, until the Payment be
made.
The Payment of Ticket*, Certificate)), or Pay-Lifts, (hall not be delayed,
though the Mufter or Pay-Books, (hall not be regularly received at the Navy-
Board , but if any Errors (hall be made in any CcrtiJicate, Ticket, or Pay-Lift,
the Lois ihall be made good out of the Commander's Wages.
As often as any Ship, which ftiall not be in a Port of Great-Britain, or on
the Coaft thereof, (hall have twelve Months Wages due, the Comtnander (liall
caufc the Inferior Dflicers a.ul Seamen's Names to be tailed over, and (liall do the
fame whenever twelve Months Wages ihall be duci and if any of them ftiall
deliver in Writing the Name and Place of Abode of his Wife, Father, or
Mother, and dcfjrc, that the whole or any Part of fuch Wages then due, except
the laft lix Months, (hould be paid to his laid Wife, Father, or Mother, by the
Receiver General of the Land-Tax, Colledor of the Cuftoms, Collecflor of the
Excife, or Clerk of the Chccque at any Dock-Yard, the Commander is to fend
a Lift of (uch Prrfons to the Navy-Board, who (hall make out two Bills for the
Payment of the Waaes ("o allotted by each Perlbn, one of them to be fenttothc
Perlons refpcdivcly fpccified in fuch Lifts, and the other to the Receiver, Gfr .
And if the Perfon, to whom any (uch Bill is Cent, ftiall, within fix Months of
the Date thereof, produce the fame to fuch Receiver, &c. together with a
Certificate, properly authenticated of their being the Wife, Father or Mother,
of fuch Ofticer or Seaman refpcdivcly, fuch Receiver, Gff. upon being fatisfied
of the Truth of fuch Certificate (which he is to enquire into upon the Oath of
the Perfon producing the fame) is immediately, without Fee or Reward, to pay
the Sum mentioned in fuch Bill, taking a Receipt. Such Bill, togetiicr with the
Duplicate thereof, being produced at the Navy-Ofticc, (hall be immediately
aftigned for Payment by the Commiftioncrs ot the Navy, and repaid by the
Trea(urcr to (uch Receiver, &c. or their Ouier: But if Payment of the Bill b? •
not demanded within fix Months, the Sum contained in (uch B<'11, is to be
repaid to fuch Inferior Otficcr or Seamen, SSc.
In like Manner when Wages (hall be paid at the Pay-0(fice or any of the
Out-Ports, any Inferior Ofhcer or Seaman, defirous to remit the whole or any
Fart of his Wages to his Wife, Children, Parents, or any other Perfon, may
have a Bill for the fame as in the laft Claufe.
Li any Receiver, &c. (hall not have in his (lands Publick Money futliiicnt to
pay any Bill tendered, and (hall refufe Payment thereof, he is to indorfe on the
Back of the Bill the Caufe of his Delay, and appoint for Payment ibmc Day
within two Months. And if any Receiver, (Sc. (hall unnccefl'arily refufe Pay-
ment, or he or any Perfon employed under him, take nny Gratuity for fuch
Payment, any three Commiflioners of the Branch of Bufinefs he is under, may
fine fuch Perfon in any Sum not exceeding fifty Pounds ; to be levied as any
Offences againft the Laws of Cuftoms and Excife, and to be paid to the
Informer.
The Wages, &c. can -d by any indentured Apprentice, (hall be paid to his
Mafter, at hath been ufual, unlcfs fuch Apprentice was above eighteen Years of
Age, when his Indentures were executed, or (hall be rated as Servant to an
OHicer, to whom fuch Apprenticefhip is not known j in which Cafe tlie
Officer ftiall be intitled to the Pay, according to the Pradice of the Navy.
Commanders of Ships arc lo tranfmit to the Navy-Board, compleat Pay-
Books, and Lifts, and Tickets made out, and alio once in two Months, Mufter-
Books, not only for the faid two Months, but from the Time the Ship (hall
have been in Commiftion, or was laft paid ; on failure, the Navy-Board arc not to
grant him the General Certificate for nis Wages, unlefs by particular Order from
3U the
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tlic Lords of the Admiralty, in Cafes of Neceflity, and its being made appear to
tlicin, that Directions were complied with as far as the Nature of the Service
would admit, and as fafc Opportunities offered : And if fuch Commander fhall
not exculpate himfclf within twelve Months after his Arrival in Great-Britain,
he /hall forfeit all his Wages to the Chcft at Chatham ; and be liable to fuch
other Puniihmcnt, not extending to Life nnd Limb, as a Court Martial Ihall
inflift.
No Letters of Attorney nude by Lnferior Officers or Seamen, or their
Executor, ©f . fhall be valid, unlcfs declared therein revocable, and unlefs the
fame be figned before, and attefted by the Commander, and another of the figniiig
Officers, or by a Clerk of the Checque ; and if made after fuch Perfon fliall be
difchargcd from the Service, then to be figned before, and attefted by, the Chief
Magiftrate where fuch Seaman ihall refide; or if made by Executors, ^c. be
figned before, and attefted by, the Miniiter and Church-Wardens, or in Scollanc,
by the Minifter and two Elders, of the Parifla where fuch Executors, ^Jc.
tefide.
Ail Letters of Attorney, other than fuch as are made and attefted as aforefaid,
arc nnll and void.
No more than i s. fliall be taken by any Ecclefiafijcal Court, Gff. for the
Piobatc of any Will or Letter of Adminlltration, granted to the Widows, Children,
Parents, Brothers, or Sifters, of Inferior Officers, Seamen, or Mariners, dying in
the Service, and for attending the fame, unlefs the Goods and Chatties arc of the
Value of 20/. nor more than zs. unlefs of the V^ilue of 40/. nor more than 3;-.
unlefs of the Value of 60 /. nor more than 1 /. for ifluing Cominiffions to fwear
fuch Widows, ^c. being Executors or Adminiftrators to Inferior Officers, Gff.
unk'fs the Goods and Chattels are of the Value of 20/. nor more than 2 j. unlefs
of the Value of 40 /. nor more than 3 s, unlefs of the Value of 60 /. under
Penalty of 50 /. to be paid by the Offender to the Party aggrieved, to be recovered
with full Cofts of Suit in any Court of Record.
Whofoevcr fliall perfonate or alfuine the Name or Charader, or procure any
other, to perfoliate or fallely to aifume the Name or Charadtcr of any Officer,
Seaman, or other Perfon, intitled to Wages, ^c. for Service done in the Royal
Navy, or the Executor, Adminiftrator, Wife, Relation, or Creditor, of any
Officer, ^c, in order to receive any Wages, (3c. or fliall forge or counterfeit,
or procure to be forged or counterfeited, any Letter of Attorney, or other Power
in order to receive any Wages, cfc. or fliall willingly or knowingly take a falfe
Oath, or procure a lalfc Oath to be taken, to obtain the Probate of a Will, or
Letters of Adminiftration, in order to receive any Wages, ^c. due, or fuppofcd
to be due, (hall be guilty of Felony, and fuffcr Death.
When the Pay-Books are doled. Tickets fliall be made out, on Application
to the Navy-Board, to the Seamen wlio fliall not have received their Wages j
and fucii Tickets fliall be paid in courii: once a Month.
Eritijh Governors, Minifters, arid Confuls, reiiding at foreign Parts, or any
two Biiii/h Merchants, are required to provide for Seafaring Men and Boys,
Subje«;ts of Great-Britain, who fliall be in foreign Parts by Shipwreck, Capture,
or other unavoidable Accidents, or who fhall be difcharged as unierviceable from
the Britijh Navy, and fublift them at Six-pence per Diem each, and fend them
iiome as loon as poflible in any Britijh Ships.
The Bills of their Dilburfements, with Vouchers, are to be fent to the Navy-
Board, who are to '-aufe immediate Payment. And every Mafter of a Ship is to
take k) many as ; . .aid Governors, &c. fliall diredt, not exceedir.g four to every
hundred Tons. Such Mafters to be allowed Six-pence per Diem, for all fuch as
fliall exceed their C<impliment, upon producing a Certificate from the Gover-
nors, iic. of the Number taken onboard, and making Affidavit of the Time
they were luburted, and that they did not want of their Compliment, or how
many they did vvant of their Compliment, and for what Time.
No Volunteer fliall be liable to be taken out of his Majefty's Service: by any
Procefs except fome criminal Matters, unlefs for a real Debt, and unlefs the
Plaintifl^, or fome otiier Perfon in his Behalf, make Affidavit that to his Know-
ledge, the Sum due to the Plaintiff witii Cofh of Suit amounts to 20 /. at Icaft,
a Memorandum
o
ts to
I any
the
3\V-
lUim
0/ CONSULS. 259
a Memorandum of which Oath is to be marked on the Back of the Writ or
Procefs, for which no Fee fliall be taken 5 and it any Perfon (hall be arrefted
contrary to tlie Intent of this Aft, any Judge of fuch Court may examine into
the fame on Oath, and difcharge fuch Seaman without Fees, on proof of his
belonging to one of the King's Ships, and being arrefted contrary to the Intent of
this Aft, and may award reafonable Cofts, for Recovery whereof he (hall have
the fu.nc Remedy as the Plaintiff, if he had Judgment.
But Plaintiffs, upon Notice lirft given in Writing vo fuch Seaman, or left at
his laft Place of Abode, m.ay file a common Appearance, fo as to entitle them to
proceed to Judgment and Outlawry, and to have an Execution thereupon,
except againft the Bodies of fuch Seamen.
Perlbns employed to rert-ive Seamen's Wages, Prize Money, &c. (liall take
no more than Six-pence in the Pound j and if they (hall take any more, to
forfeit 50 /. with full Cofts of Suit to the Profecutor : And if fuch Perfon belong
to any Office in the Navy, he (hall lofe his Place, and be incapable of holding
any Phice of Profit in any fuch Office.
All Pcrfons in Offices belonging to the Navy, taking Fees contrary to this Aft,
are liable to the fame Penalty.
The preceding Articles, though extra of my Propofals, I was perfuaded would
be agreeable to moft of my Readers, and as my Endeavours have been levelled
through the whole Work to obtain this Satisfaftion, I hope my inferting them
needs no other Apology than my Affurances, that the only Motive to this fmall
Addition, mull be attributed to my Defire to pleafe, and not to any lucrative
View of unncceffarily fwelling my Book, to encreafe my Emolument at the Pur-
chaler's Expence ; this Truth I hope will gain the Credit it defcrves, and in
Confidence thereof I proceed to fay Ibmething about Confuls (which I think may
properly be introduced here) and then (hall finifh maritime Affairs, with a Detail
on Infuranccs.
Of Confuh,
OU R Confuls were originally chofen by the Prince from among the Brit'ijl}
Merchants reiiding at the Place of their Appointments, and were gene-
rally propofed by thefe latter to the Miniftry, as compel :nt Judges <)f the litteft:
Perfons to prefide over mercantile Affairs, and their Recommendation has com-
monly been attended to and regarded.
The Office is not a very modern Inftitution, and has been found fo neceffary a
one, as to be adopted by every F.urrpean Nation, who mutually fend Confuls tp
relide at almoft every conliderable Port of Trade j and though at firft they were
Merchants, and this, and their confular Office not deemed inconfiftent, yet in
Procefs of Time, there was found an Inconvenience in the joint Difcharge
of them, and at l.ijhon, Cadiz, and other Places of great Trade, the com-
mercial Funft'on has for many Years paft been fwallowed up by the confular ;
though lie t'(. :i''rues to trade as other Merchants do, in Places of le(s Note and
Income.
A ConJ'ul, to be properly qualified for his Port, ought to be Mafter of the
Language whc.c he reiides a id to have a thorough Knowledge of the Geniu';
and Trade or the Natives, 1. .ell as a Capacity to judge of and decide th ;
Differences arifing among thofe of his own Nation reftrred to him ; and he
ought likewife to ("upport the Dignity of his Office, and not fuffer it to be fullicd
by a Praftice of any Meannefs, or a derogating from fuch a Behaviour, as may
juftly be expefted from one who has the Honour to ferve his Majcfty ; it is alio
his Duty to fccu'-'" the Efleem of the governing People where he lives, if poffible,
as by this Means he may often influence and ootain Favours for his Fellow-Sub-
jefts in their commercial Concerns.
A Conjhl's Income varies according to the Place of his Rcfidence ; as tliofe of
Tunis, 'Tripoli, and Algiers have Salaries from the Crown ; thofe in Turkey, a
certain
^ik' f ;a ■■'' ■ ■.'. ■■'■
I'll '1
m\
m ■
260 0/ C O N S U L S.
certain Duty on the Goods loaded and unloaded j and all . hers in Europe a
Stipend from the Ships only.
Their Patent given by the King muft be approved of by the State they are fent
to, before they arc allowed to cxcrcife their Funftion 5 and that my Reader may
fee the Rules prefcribed, and the Powers given them thereby, I herewith add a
Copy of it, in the Language it is iffticd, and have likewifc attempted a Tranflatioa
for fuch as may not fo well underftand the Latin.
G
GEORGIUS R.
EORGIU S Sccundus, Dei Gratia Magna Britannia, Francia, & Hiber-
nia. Rex Fidei Defenfor, Gff. Omnibus & fingulis ad quos Praefentes
Literaj pervenerint Salutem. Quum expedire compertum fit ut in Oppido AU~
cante in Regno Hijpania, probus aliquis conftituatur Vir, qui Subditorum Nof-
trorum Rebus Mercuturs Caufa ibi Loci Commorantium vel Appellantium in
commnni, profpiciat 6c Confulis O.ncio fungatur ; Sciatis igitur quod nos Fide,
Affediu, Prudentia, Sc in Rebus gerendis pra'fertim Mcrcatoriis Experientia
dil.;<5li Nobis & fidclis Subditi noftri Samuelis "Tucker, Generofi, omnino confi-
dentes, eundcm nomin.wimus & conilituimus, & per Prafcntes, nominamus &
conftituimus Conlulem Noftrum in dido Oppido Alicante, una cum Mcmbris
& Pertinentiis quibufeunrjue : Dantes eidem & concedcntes Poteftatem pariter ac
Mandatum quoi'cunque Subditos Nodros pra;didum Oppidum ejufque Ditiones
& Territoria incolcntes & frequcntantes, vel in illis Locis, Portubus & Oris Mer-
caturam facientes & fa^Sturos, ac Negocia fatt.intes aut tradtaturos, juvandi &
protegcndi, iifqut ffcunduni validos Pacis & Fcederum inter Coronas Magna
Britannia 6c Hifpuniaruin caruniquc Regna conclufos, & ad Comnicrciorum
Celebritatem facientes, Tradatu-s & Articulos, Confilium Auxiliunique pra-
ftandi dicflos Subilitos Noftn- enrumquc Mcrces, Bona, & Res quafciinque, cum
Opus fuerit, coram Judicibus Sc M.igiftratlbus, quibufvisj defend. -ndi.Differentias,
Coiitrvn-crfias, Litefque, qu;e inter cos moventurvel accidere potlant, cognofcendi,
deceriiondi 6c componendi, eos in omnibus Junbus, Articuiifquc mutui Com-
mercii l,ibcrtatem & Frequcntiam Speftantibus tuendi & confervandi, ac unum
vel plures Dcputatos, live Proconfiiles, prout illi vifuni fuerit, fubftitucndi, qui
in prasdidis Locis vel eorum quolibet ejas Vices lupplcre polTint, cxteraque omnia
faciendi 6c praiftandi qua; ad. Subditorum Noilrorum Commodam, inutua2 inter
utraque Regna Populofque Amicitiae Incrementura, Mcrcaturaeque utrinque
excrcenda; Frequcntiam 6c Securitatem conduccre poterunt, tandemquc ctiam
omnibus 6c fingulis Juribus, Honoribus, Immanitatibus, Libcrtatibus 6c Emo-
lumentis quibus alius quiipiam in piicdido Oppido Conful de Jure frucbatur vel
frui poterat, utendi fruendique. Seri6 autem rogamus fereniflimum ac potentif-
fimum Regem Catholicum Fratrem noftrum 6c amice pctimus ab omnibus aliis
quorum uUo modo interefle poterit (id quod Subditis Noftris per pra;fentos firmi-
ter injungimus) ut didlum Samueli-m Tucker, Confulem noftrum in Oppido Prie-
difto agnofcant & habeant acccptum. In quorum omnium Fidcm has Litertt
Manu Sigilloque noftris Regiis munitas expedire fccimus. Dabantur in Palati*
nollro Divi Jacobi Undecimo Die Menfis Deccmbris, Anno Domini Mill.rinM
Septingentefimo Vicefimo Odavo, Regnique Noftri Secutido.
Ex Mandato Scrcniflimi Domini Regis,
Holies Newcajlle.
In Englif).
GEORGE R.
/^ EO RG E the Second, by the Grace of God of Great-Britain, France, tind
^^ Ireland, King, Defender of the Faith, ^t. To all and Angular to whom
thefc Prefent fliall come Greeting. Whereas it hath been found expedient
that fomc Perfon of known Probity be appointed to ad as Conful in the Town
of yllicant, in the Kingdom of Spain, and to take Care of the Commerce of our
Subjedii,
I
;imo
\aj}!e.
ttnd
Ihom
iient
I'OWH
[four
0/ C O N S U L S. 261
Subjcds, who refide or commonly go there to Trade ; Know ye therefore, that
Wc, entirely confiding in the Probity, Affedtion, Prudence, and Experience,
cfpecially in mercantile Affairs, of our trufty and faithful Subjeft, Samuel Tucker,
Gentleman, have nominated and appointed, and by thcfe Prefents do nominate
and appoint Aim our Conful in the faid Town of Alicant, together with all its
Members and Appurtenances ; giving and granting unto him full Power and
Commiflion to aid and proteft ah our Subjefts that inhabit or frequent the faid
Town, its Territories and Jurifdiftion, or who do, or fhall carry on a Trade,
or tranfaft Bufinefs in thofe Parts, Harbour and Coafts ; advifing and afllfting
them, agreeable to the Articles and Treaties of Peace and Alliance relating to
Trade, and firmly concluded between the Crowns of Great-Britain and Spain,
and their refpcdlive Dominions, and to defend our Subjedts in cafe of need, in
their Trade, Goods, and whatfocver elfe fliall appertain unto them, before all
Judges and Magiftrates ; and to take Cognizance of, determine and conipofe all
Difn;rcnccs, Controverfies, and Litigations, which do, or may happen between
them, and to defend and prefer\'e them in every Thing relating to their Right,
Liberty, and Freedom of mutual Trade and Commerce ; and farther to fubftitute
(as he (hall think fit) one or more Deputies or Vice-Confuls, to a<a for him in all
and every of the aforefaid Places, and to do all and every Thing which may pro-
mote the Good of our Subjects, the Increafe of mutual Fricndftiip between the
two Kingdoms and People, and the Freedom and Security of Commerce ; and
farther, that he ufe and enjoy all, and every the Rights, Honours, Immunities,
Liberties, and Emoluments, which any other Conful in the aforefaid Town did,
or could, of Right enjoy. And wc earneftly intreat the moft ferene and potent
Catholick King our Brother, and we defire all others who it may in any wife
concern, in a friendly Manner, (wh,at we ftridlly enjoin all our Subjefts, by thefe
Prefents) tiiat they acknowledge and admit the faid Samuel Tucker, as our
Conful in the aforefaid Town. la Witnefs whereof, we have caufed thefe our
Letters to be made Patent, and figned and fealed with our own Hand. Given in
our Palace at St. James's the Eleventh Day of December, in the Year of our
Lord One Thoufand Seven Hundred and Twenty-eight, and in the Second Year
of our Reign.
By /.lis Majejlys Command,
Holies Newcaftlc.
Befides the Confuls aforementioned in Barbary, there are others at Tetuan,
Salle, and St. Maura, on that Coaft; in Spaim, at Madrid, Cadiz, Malaga,
Carthagena, Alicant, Barcelona, Sevil, and St. Lucar, Port St. Mary's, Corunna,
(or the Groyne) St. Andero, and St. Sebafiian; in Italy, at Leghorn, Venice,
Naples, Genoa, Meffina, and at Zant ; and In Portugal, at Lijbon and Oporto,^
many of which nominate Vice-Confuls at different Places, in their rcfpedive
Diftrias.
A Conful is no publick Minifler, as he has no Affairs of State to manage, and
confequently has no Pretence to a Protedtion from the Law of Nations, but from
that which the fubfifling Treaties of Peace and Commerce give him ; however,
as a Servant of the State that employs him, he may expedt that Countenance
and Support, as a good Mafter would (for his own Sake) afford his Domeftic or
Dependant, and this has been demonftrated on many Occafions.
The Governor of Cadiz, having once affronted and confined the Dutch Conful, if'i(jK,/,ri'»
the States General c:)mphincd thereof to the Court of Madrid, as of a Violence AmbaflaJor,
done to the Law of Nations, inflead of urging the Non-Execution of thofc ** ^°'
Treaties, from which alofte they ought to have expeifled Safety for their pretended
Miniftcr, and not cLowhere. Some Years fince, they attempted to make their
Conful (who refided at Genoa) pafs for a Public Minifler ; but the Senate wrote
them, that it did not acknowledge him as fuch, and that all which it could
grant, or they expeft for him, was the peaceable Fruition of thofe Rights and
Privileges, which Cuflom had bcflowcd on this Kind of Employment : The
3 X Generality
^1
m
'■■?i'
i^
M::
Hi
"
l\',
U
062 0/ C O N S U L a
Generality of Confuls are only Merchants, who, notwithftanding their Office of
Judge in the Controverfies that may arife among thofe of their own Nation, carry
on at tlie fame Time a Traffick, and are liable to the Liws of the Place wljcre
they rcfidc, as well in Civil as in Criminal Matters, which is altogether incon»
firtent with the Quality of a Public Minifter; though where it is otherwife, and
a Conful does not Trade, I think a proportionable Regard and Refpe'T- ought to be
paid, as due to his Character.
In the Year 1634, the Republick of renicchad alnoofl broke with Pope Uri^m
VIII. on Account of the Violence offered by the Governor of Ancona, to thtj
Conful of that fage Senaf", who in State and Maritime Affairs, ftand one in th^
foren.oft Rank of Preceptors.
The Conful's Name was Michael Ohcrti, a Native of Bergamo, whofc Family
had difcharged that Office for many Years; but the Governor fufpedting hi?
having given fome Advices, that occafioned the Republick's Gallies to take ibme
fmall VefTcls belonging to Ragufa, for having fmuggled the Duties that are paij
in the Gulf, fo prol'ecuted the Conful, that he was forced on a Voyage to Venice^
to acquaint the Senate therewith. He was no fooner departed, than the Gover-
nor put a Garrifon in his Houfe, and carried off his Furniture and Papers, even
thofe which related to the Functions of his Employment j the Senate com-
plained hereof, and demanded Reparation with lo much Warmth, that the
French Ambaflador apprehending they might proceed to an open Rupture witlj
the Pope, endeavoured to adjuft the Difference to the Satisfadlion of the Parties
offended j but before the Accommodation could be perfedcd, the Governor
caufed the Conful to he fummoned, and for Contumacy condemned him to
Banifhment, under the Pretext, that during the Contagion which reigned, he
liad unladed Goods contrary 'o the Prohibition. There was more of PalTion than
Jiiftice in this Sentence, as Oierti co\AA prove that he hal done nothing without
the Magiflrate's Approbation j fo that this ipicvsi^-^us and unjufl Proceeding u avo
more Offence to the Senate than the firft, am.' i Repetition of the French A-.n-t
baflador's good Offices' was neceflary, to difpofc the Minds of the jarring Fi vies
to an Accommodation, which he at laft accomplifhed, upon Conditio ■ , <^.:t tvt'
Gerrrnor fiould •t^eulthe Outlawry, and fuffer Oberti'/ Re-ejiablifiment ; ani iii/^f
the Senate, -uhajhould afterwards recall Oberti, Jhouldfubjiiiuie in hit Place zi^hc//-
foever it pleafed. Michael dying before all this could beexecuif, the Senate ai
his Brother in his Room ; but this lafl was no fooner arrived at AnconA, th ^. die
Governor caufed him to be imprifoned, and would not rcleafe hiiri uu he hucf,
given Security for his leaving the Town, and not returning.
The French Miniflers, who had lab^ . ■ in the Reconciliation, and cn^igtA
their Words for Performance of the v\ 'iion'^, which (as above cxprefied.)
allowed the Venetians to nominate any other to v'-i'iui -^-at they fltould think fin,
were very much chagrined at th-- Procvs^.ng ; and le Senate, to fhew it:
Refentment, refufed Audience to tn^ Nuncio, mrl loi' /.d its Ambaffador to afk
one of the Pope, till they had received ample Satisfadion, which the Goverror
was forced to give.
All Captains of Ships, who arrive where Confuls are eflabliflied, fliouid on
landing) pay them their Refpedls, and acquaint them with every Particular worth
their Notice, that may have happened in the Voyage ; thefe are Devoirs which
every other Nation render to their Confuls, ana certainly are not lefs due (.0 a
Britijh one.
Mofl trading Nations have Confuls eflabliAed in Places where Commerce is
confiderable, and more efpecially the French znd Dutch; the former on a d ,ffer-
ent Footing from ours ; and the others, as they are in no Place permitted to
traffick, and have an Office, for which, in Englijlj we want a Name, it if, there
all Occurrences relative to their Trade, or otherwife of any Importance, are
rplfn cd, of which an Account muft be feot quarterly to the Lieutenant of the
/ d'iualty, ir i yearly to the Secretary of State; this Office is, in their Language,
c.;!'ed a Chancery, and the Rcgifter Monf. Le Cbancellier.
Of
Iv-d,
file,
Jt.i
aflc
terror
rce IS
,fFer-
cd to
there
are
jfthe
wage.
Of
Lib. 2 J.
(C. iS.
'ix c. I z.
0/ I N S U R A N C E S. 163
ji Of Infurances.
INSURANCE Or Assurance, is a Contract or Agreement, by which
one or more Particulars (called Infurers, AJJ'urers, or Underwriters) take on
them the Rifque of the Value of the Things infured, in Confideration of a
premium paid by the Aflurcf'^ and by thii Means commodioully divide the
Hazard of every Adventure, to the great Benefit of Trade, and the Eaffcand Ad-
vantage of every one concerned therein. Mr. Molloy in his 'Jure Maritimo, and
lyir. Malynes in his Lex Mcrcetoria, fay, that Sut'totiius in his Life of Clauilius
Cafar *, conceives that Emperor to have been the firft who brought in this Cuf- '
torn of Infurance, though Monf. Savaryjin h\s DiJiionaire de Commerce, imputes*
it to the Jews, in the Year 1 182 j but whoever was the firft Contriver, or ori-
ginal Inventer of this ufeful Branch of Bufinefs, it has for many Ages Keen
pradlifed in this Kingdom, and fuppofed to have been introduced here, jointly
with its Twin Brother, Exchanges, by fome Italians from Lombardy, who at the
fame Time came to fettle at Antwerp, and among us j and this bemg prior to the
Building the Royal-Excljunge, they ufed to meet in the Place where Lombard- jlrcet
now is, at a Houfe they had (called the Pawn-Houfe or Lombard) for tranfadl-
ing 'Jufinefs ; and as they were then the folc Negociators in Infuranc^; the
Policies made by others in after Times, had a Chuifc infertcd, that thofe latter
ones Jhould have as much Force and EJ'eit, as thofe formerly made in Lombard-
Str«set.
And as Infurances in Time grew more general in England, and fome Difficul-
^s arofe touching the Recovery of LolTes, upon Adioiis on AJfumpJts; the
Legiflature by an Ait of Parliament, eredled an Office for making and rcgifter- 43 ^'''«
ing Policies of Infurance, and impowercd her Majefty, and her Succeffors, to
grant CommiffioBs to Perfons therein mentioned for determining Differences
relating thereto, from whofe Sentence an Appeal lay to Chancery.
And in Purfuance thereof, an Office was credted and kept on the Weft Side of
the Royal-Exchange ; but this Aft did not exclude others from making Infurances,
in whofe Policies was Inferted, thai they Jhould be of' as much Force as thofe hereto-
fore made in Lombard-Street, at the Royal -Exchange, or any where elfe : And
thero being fome Defcft in the aforcfaid Aft, touching the Power of the Com-
miffioners, its Continuance was not of long Duration.
But by a aew Aft of Parliament, that above-mentioned was revived, and large 13 if'
Powers were given to the Commiffioners for carrying it into Execution ; and in ''"
Confequence of this laft Aft, fcveral Infurances were made, and all Difputes
concerning them were determined by the Commiffioners j but as private Perfons
were not excluded thereby, from carrying on this Bufinefs as before, and th
Commiffioners taking no Cognizance of any Policies not made in their Offi
and Recovery of Loffes thereon being made eafy at Common Law, befides, tht
having been fome Partiality praftifed by the Commiffioners, and an Ap^ .il
being allowed from their Determinations to the Court of Chancery, ic
Bufinefs of this Court foon diminiflied, and the granting Commiffions
difcontinued.
After this no publlck Law has been made in England cox\ccrn\x\g Infur
(except one to prohibit infuring on Marriages, Births, Chriftenings and St .ice) 9
but all was tranlafted by private Office-Keepers, till one was palled in the Year
1720, by which his Majefty is enabled to grant two Charters, for crefting two6G«.i,c is.
Corporations for infuring Ships and Merchandize, and lending Money on Bot-
tomry> which are now called the Royal- Exchange Ajfurance, and the London
AJjurance, which Corporations are to have perpetual Succeffion, fubjeft to Re-
demption, or Power of Revocation, as is here under mentioned ; the Corpora-
tion to have Liberty to chufc their Governors, Direftors, Officers, and Servants,
as fliould be prefcribcd in the Charters ; Governors and Direftors to continue r r
three Years, to have a Seal, and be capable to purchafe Land, not exceeding
XQOol. ptr Ann. and may fue, and be fued, in their Corporate Capacity.
Each
:'i ■■'. 'I
'■'■■■ ,^'.!.- ti.",„-.
< +
.11. c.
.18
ires.
^ni,. c. 6.
MEf ■,, '■•i' ;■«
Ditto.
Kfe,*|5, '^aB
iBJ||-it ' ' !^Bc
|pr''^<f''' ^B
tv^'i'^ : sH
St ^ "'^^ -^^B
R'': :'.' ■ •.'^K
%¥"■;,■;■ 'fl
7C«. I. C17
f. j6.
i'^^'
264 0/ I N S U R A N C E S.
Each Corporation to pay into the Exchequer 300,000 /. towards difcharging the
Debts of the Civil Government.
Each to raife fuch Sums as his Majefty (hould direct, not exceeding i , 500,000/.
for paying the 600,000/. and to enable them to pay LufTes, and lend Money on
Bottomry and Government Securities, which Money is to be raifed at General
Courts, by taking Subfcriptions, or by Calls, or otherwifc, as the General
Courts fhall think fit or expedient, and Stock liable to Calls, may be fold
for that Purpofe ; and Proprietors refufing Calls to pay 8 per Cent. Intereft j may
take up Money to advance on Parliamentary Securities ; Stock transferrable and
dcvifable j a perfonal Eftate not to be taxed ; Governors, Direftors, Off. may
Ditto. be Members of Parliament, but not to be Bankrupts on Account of fuch Stock i
to have Power to make By-Laws, as by Charters ; no other Corporation or
Partnership to infure Ships, or lend Money on Bottomry, on Penalty of forfeit-
ing the Money afliired, and the Policy to be void ) and in Cafe of Bottomry, the
Security to be void, and the Contradl to be ufurious. None to be Governors,
Gff. or to have Stock in both Corporations. The Parliament at any Time
within thirty-one Years, from the Date of the Charters, upon three Years
Notice in the London Gazette^ fixt up on the Royal Exchange, and Payment of
300,000/. to each Corporation, may then, and not till then, void the faid Cor-
porations. If after thirty-one Years the King (hall adjudge the Continuance of
the faid Corporations to be hurtful, or inconvenient to the Publick, he may by
Letters Patent void the fame, without any Inquifition or Scire Facias, in which
Cafes the like Power (hall never be grantablc again.
South-Sea, and Eajl-lndia Companies, may advance Money on Bottomry to
their Captains, Gfr.
The fdid two Corporations, having each paid into the Exchequer 1 1 1,250 /. in
Part of the ^00,000 /. and having covenanted ^o pay 38750/. farther Part thereof
in three Months, the Refiduc of the Sums amounting together to 300,000/. (hall
be releafed.
tGn. I. c 15. Some Aft^ have fince paiTed to regulate certain Proceedings at Law, where the
Corporations wvre Parlies, giving them Power to plead General. And thefe are
all the Ads relating to Infuranccs in England, till the following one made for the
better Regu' livni tnereof, and to prohibit them on French Efrefts, viz.
II. The Pr«mib;t obfcrvcs, that the making ASTuranc Intereft or no Intcreft,
or without further "oof of Intereft than the Policy, hath been productive of
many perricious Praftices, wherebv great Numbers of Ships, with their Cargoes,
have either been fraudulently lof^ and dcftroyed, or taken by t!\c Enemy in Time
of War ; and fuch AiTurances have encouraged the Exportation of Wool, and
the carrying on many other prohibited and clandeftine Trades, which by Means
olTuch AfTurances have been concealed, and the Parties concerned fecured from
Lofs, as well to the DiiiU'.i tion of the Publick Revenue, as to the great Detri-
ment of fair Traders ; and *>v introducing .: milrhievous Kind of Gaming, or
Wagering, under the Pretence of ASTuring the Ri(i}ue 00 Shipping and fair Trade,
p. 568. the In(titMtion and laudable Dcfign of making ASTuranccs hath been perverted j
and that wi..ich was intended for the Encouragement of Trade and Navigation,
has, in many Inftances bocome hurtful and de(tructiye of the fame. For Remedy
whereof, It is enaHed, That after the i(t Day oi AuguJ*. '746, no A(rurance
(hall be made by any Perfon or Perfons, Bodies Corporate, or Politkk, on VefTels
belonging to his Majerty, or his Subjedls, or on any Goods, Merchandizes, or
Effcdts J board the fame, Intereft or no Intereft, or without further Proof of
Intereft than the Policy, or by Way of Gaming or Wagering, or without Benefit
of Salvage to the Affurcr, and that every luch Afturancc (hall be null and void to
all Intents and Purpofes.
^(Turance on private Ships of War, fitted out by his Majefty's Subjects folely
to cruize againft hi* Enemies, may be made by, or for the Owners, Intereft or
no Intereft, free of Average, and without Benefic of Salvage to the Afturer.
Merchandizes or EfFedts from any Parts in Europe or America, in the Poffef-
(ion of the Crowns of Spain or Portugal, may be aflurid iu futh Way apd Man-
ner, as if this A6t had not been made.
1 1 (;,: I.
c. 30.
19 Gi»
p. 5J7.
Re.ifTurance
Of INSURANCES.
^h
or
of
y
f-
Reaflurancc (hall not be made, unlefs the Aflurer fhall be infolvent, become i.
Bankrupt, or die. In cither of Which Cafes, fuch Aflurer, or Executors, Qfn
may reafliire to the Sum before aflured, provided it (hall be expreflcd ih thtf
Policy, to be a Reaflurance.
After the faid i ft of Atiguji, all Money to be lent on Bottomry, ot at Rejpon- s,e this Ar
dentia, upon Shins belonging to his Majefty's Subjcdts, bound to or from the «'''«" '"E*
Enli-Indics, ftiali be leht onlv on the Ship, Gff. Work."'"'"
in all Aiftions, (Sc. brought after the laid vlof Augtift, by Aflured, Upon any p, jg,.
Folicy of Afllirance, the Plaintiff, or Attorney, Gfr . within fifteen Days after he
fliall be required fo to do in Writing by the Defendant, &c. fliall declare in
Writing the Sums he hath aflured, SSc. in the Whole, and what Sums he
hath borrowed at Refpondentia, or Bottomry, for the Voyage, or any Part of the
Voyage in que(Hon.
After the faid ift of Augujl, any Perfon, &c. fued in an Adion of Debt, or p. 570
Covenant, &;c, oii Policy rf Aflurance, may bring the Money into Court, and
if the Plainriff (hall refufcf to receive the fame, vvzth Cofts to be taxed, in full
Difcharge of fiich Adion, and OjsU afterwards proceed to Trial, and the Jury
iliall not aflefs him Damages eyjeeding the Sum fo brought, the Plaintiff oii
every fuch Aftion Ihall pay to the Defendant Cofts to be taxed.
This Adt fhall not extend to, or be in Force againft Perfons refiding in any
Parts in Europe, out of his Majcfty's Dominions, for whofe Account Aflurancd
fhall be made before the Sgth of September, 1746, nor againft Perfons refiding in
any Parts of Turjicy, yijia, Africa, or America, for whom Aflurances (hall be
made before the 29th oi March, 1747.
Infurance on Ship"; or Goods appertaining to the Crown and Subjeds oi France, «' G« ll.
or lending them Money on Bottomry, is prohibited by this Adt, though as it JJl'^^^' '^'
was only temporary, and its Duration limited to that of the late War, it is now
expired, and become void.
This Branch of Bufinefs at firft was confined to Maritime Affairs folely, tho*
at prefent it is extended to the Infuring not only Shipping and M"* ' ^ndizes,
but alfo Houfes, Furniture, Lives, Liberties, &c. according to different
Agreements for that Purpofe. Thefe Contrads are called Policies, irom the
Spanip Word Polica, and that originally from the Latin Policitatio or Promife,
and are now made cither at the publick or private Offices, of the former we have
only the two beforementioned in England cftablifhcd by Charter, though of the
private ones we have many in this City (and of late Years in fome others, as
Brijiol, Exeter, Liverpool, Hull, Ne-wcajile, and Gla/gow) where great Bufinefs is
tranfaded, and I believe on as fair a Footing as in any Part of the World ; tho"
Policies having been filled up, in fuch Various Terms, and fuch unexampled
Expreffions inferted, according to the different Conceptions, Fancies, or Exi-
gencies of the Infured, it has naturally occafioned many Dilputes, and con-
(equently brought on lately the moft famous Trials that ever employed our Courts
on this Subjed, of which I (hall endeavour to give my Reader a full Detail, in
the fubfequent Part of this Chapter, by quoting him matiy of the feveral Cafes
tried, as I have done the Ads, being enabled fo to do, by the kind Afl'iftance of
my Friends, who have generoufly furniflied me with the moft material Decifions,
on the difl^erent Contefts, which this Branch of Bufinefs has given birth to, and I
fliall alfo take Occafion to mention the Method and Obligation of Infurances,
made in France and Holland, in order to give full Satisfadion on this Head, and
render my Book as compleat as pofTible.
Assurances, as I have before obferved, areof various Kinds, both in regard
of the Marine and Terrene Property ; of the firft, fome being on Ships, or Parts
of Ships only ; others on Merchandize fingly ; and others on Ship', and Goods
jointly; arxl thefe ire again branched out to am either by the Month (or for a
Time ftipulatcd) c»r to one fingle Port, or out and home, with Libety to touch
at the different Places mentioned in the Policy, or for a Trading Voyage.
Thofe made on Houfes, Livc^, or Liberties, muft be paid according to the
Tcnour of the Agreement, in the full Sum inilired, as tncfe Sort of Policies
admit of no Average, and for the firft (often with their Furniture) agsinft Fire,
feveral Offices ?re creded in London, with a Limitation to this Branch only.
3 Y AJJ'utama
> .17']
^>
\, u
'K ■ -1
'•■' ■ " -i
f I
266
'4 ♦
W
n'H-
fc ^ ^ •
Cittd in Sir
IftlUJIin
Dixty'i Cif(,
I ^Ml). 96.
Mtllty, p.
291. f. 9.
Ditto.
Ditto p. 29;.
f. 1+.
Ditto p. 296.
f. .5.
Jtffirin a
LigmJra,
Cant, 216.
3 irv. 3 JO.
I Sia^u 323.
iW.443.
i«* Mncaltr.
151.
Siamn a Z^"*-
mrtau, before
L C. J Ur,
at (^uiUhall,
tiltt Inn.
Term, 1742.
and Verdiit
by I Special
Jury for Uc-
feoiUiu.
iftreau, at (he
fame biiung.
0/ I N S U R A N C E S.
AJfurancts may likewifc be made on Goods fcnt by Land, or by Hoys, &c. on
Rivers, and this is often done, more efpecially on Jewels, &c.
They may likewife be made on Ships and Goods, loji or not loft, which is
commonly done when a Ship hath been long miffing, and thefe Words being
infcrted m the Policy, obliges the Underwriters to pay, although the Ship was
loft at the Time of making fuch Infurance, except the AfTured <liw the Ship
wrecked, or had then certain Knowledge of her being lb, in which Cal'e the
Subfcription {hall not oblige, as this is accounted a meer Fraud.
So lilcewife if the Affurcd (hall, on a rotten Vcffel, get infured more than (he
is worth, with the villainous Dcfign to deftroy her, and (hall afterwards give
Directions to have his rogui(h Intentions put in Execution, this fraudulent Adl
will not oblige the Infurcrs, but expol'e the Perpetrators of it to fwing for their
Knavery.
Policy of AfTurance to warrant a Ship for twelve Months, the Ship did not
pcri(h within the Time of twelve Months, accounted according to the Solar
Months of January, February, ficc. but within twelve Lunar Months, of twenty-
eight Days to the Month, and it was refolvcd that the Policy was not forfeited.
If a Ship be infured from the Port of London to Cadiz, and before (he breaks
"Jround is burnt, Infurers not liable ; but if the Words are at or from the Port
uf London, they arc liable in fuch Cafe.
An Infurance made in a foreign Country, may be fued in England by the Com-
mon Law, if the AfTurcrs come here.
An Infurance from Lo/fdon to void for Uncertainty, tho' private
Inftrudlions for the Port, yet the Blank in the Policy will not bind the In(urcr,
Policies being now genersdly made free of Average, and without Benefit of Sal-
vage, many Difputes on thefe Heads are avoided.
An Infurance made on prohibited Goods not binding, unlefs they were pro-
hibited after the Infurance made, as on Wool, Leather, &c. for fuch Infurances
would tend to deftroy Trad?; which is diredtly to thwart the true Intention of all
Policies.
Where the Words of the Policy are, tie Ship warranted to depart with Convoy,
it (hall be intended (he (hall keep with Convoy during the Voyage, if podible ;
and if (he depart wilfully from the Convoy, it is a Fraud; but if having departed
with Convoy, and by Strefs of Weather (he lofes the Convoy and is taken, Infurers
are liable.
If there be Thieves on Shipboard among themfelves, the Mafter of the Ship is
to anfwer for that, and not the Infurer, though the Words of the Policy infures
againft LofT.s by Thieves, yet they are to be intended a(railing Thieves.
SuppreJJio .ri aut allegatio falfi, is fufficient to difcharge the Policy; it is a
general Rule, that the Infured (hall inform the Infurer of all material Circum-
ftances which have come to his Knowledge or Information, at the Time of
making the Policy, in order that the Contratfl may be fairly adjuftcd ; which
being a Contract upon Chance, cannot be done if one Party Knows more than
the other; Equality in ContratSls, by the Law Merchant, isellential.
One having received a Letter that his Ship failed from Carolina, in Company
with another Ship, and that the other Ship loft fight rf this Ship in the Night,
that the Captain mformed the Perfon who wrote tnr Letter, that he was leaky in
fuch a Latitude, and that after th<-y loft Sight of the Ship, there had been a liard
Gale for twenty-four Hours ; after this Letter received by the Merchant's Agent,
he made Infurance without producing this Letter ; the Ship was afterwanis
taken near the Land's End by a Spanijh Privateer, and carried back into 8t. Sehaf-
t tan's i this, tho' the Ship was not loft by the Leak or the Storm, was adjudged
fufHcient to avoid the Policy, becaufc if the Infurer had known what the Inl'urcd
did, at the Time of making the Infurance, he would not have done it, or at leaft
not on the fame Terms.
A Letter being received, that a Ship failed from Jamaica for London, the 24th
of November ; after which, Infurance was made, and the Agent told the Infurer,
that the Ship failed the latter End of December ; thit> held likcwilc a Fraud, and
Verdict fur the Defeuaant,
Infurance
Of t w s ly n A N c E s.
267
.>aft
and
iW,,4-
Qrim a ruMf
Lord Ru}.
«»»< 8(0,
1 S-/ 444.
Lord Raj.
tnond, 840.
Tnfurance was made on the IVtUtam Galley, from Bremen to London ; warranted
to depart witTi Convoy, flic ftt fail from Bremen, under Convoy of a DutcJb Man
of War to the eJ^, where they were joined with two other Dutch Men of War, t s,i. 44}.
and fcTcral Dutcb and Kw^/^ Merchant Ships, whence they failed to the Texe/; B„<itG>n.
after a Stay of nine Weeks, they fct fail with an Enr/i/b Squadron of Men ofM'- '"'*• '4-
War, and tlic Galley was feparatcd in a Storm, and taken by a French Privateer, //.//i;."™^
and afterwards re-; ikcn by a Dw/iT/J Privateer, and paid 80/. Salvage; ruled by ^'fi /'>»• u
Holt, that the Voyage ought to be according to Ufage, and that their going to ^'''^''"•
tlic El/j, though in Fadl out of the Way, was no Deviation, for before that
Time there was no Convoy for Ships dirccJlly from Bremen to London, and the
Plaintiff had a Vcrdid.
Deviation difcharges a Policy from that Time only j therefore Damage hap-
pening before a Deviation, may be recoveredi not ithflanding there be after-
wards a Deviation.
A Ship in her Voyage was feizcd by the Government, and turned into a Fire-
Ship, the Qucflion was, whether ^he Infurers were liable; Holt thought it was
within the Word Detention, but the Caufe was referred.
Where the Policy is ajjainfl Reflraint of Princes, that extends not where the fupporcBVhe
Infured fhall navigate againfl the Law of Countries, or where there fhall be a '"f"""'"''''.
Seizure for not paying of Cuflom, or the like. a f.r«. 176.
If a Man pays Money on a Policy of Infurance, fuppofmg a Lofs where there sut„„ 41 , .
was none, this fliall be Money received to the Ufe of tne Infurer, for which he ' **''^, M^-
may maintain an Adion. King^.B^T
Per Holt at Nifi Frius, the Captain of a Ship may be changed, witl.out Notice 3«5-
to the Infurers. ^ for the Confidence in the Captain might be an Encourage- » 'Vr*. 716.
hient to the Infurers. ^W" ■
Goods infured by Agreement, valued at 600/. and the Infured not to be obliged
\o prove any Interefl, yet the Infured was ordered to difcover, what Goods ^ ''«». 716.
he put on board, that the Value of his Goods favcd may be deduftcd out of^^Jf"'
the 600/.
The Policy run» till the Ship Jhould hav( ended, and be difcharged of ber Voyage. Sim. 14 j;
Arrival at the Port is not a Dilcnarge till fhe is unladen.
If Goods be infured as the Goods of an Ally, when they arc the Goods of an Diito, 317,
Enemy, it is a Fraud, and the Infurance not good.
Infurance from London to the Eaji-Indies, warranted to depart with Convoy, ^Sa/. 445,
Declaration fets forth, that the Ship went from London to the Downs, and from ^^"'"''•■'>
thence with Convoy, which the Court held to be fufficient, contra Holt.
In cafe of Deviation, the Infurers are not bound to return the Premium,
becaufe they have begun to run a Rifque.
Damages happening to perifhable Goods from their own Nature, not to be
borne by the Amirer.
One having no Interefl in a Ship, lent 300/. on a Bottomry Bond, and infured 1 'Vr.. 269.
4.C0/. on the Ship, the fiond was recovered, but the Policy decreed to beS'''^''*
delivered up.
And formerly, if one had no Intereft, though the Policy run, Interejl or no Cafes in L.
Interejl, the Infurance was void j and the Realon was, becaufe Infurances were ■"•* ^- 77. Jo-
made for the Benefit of Trade, and not that Perfons unconcerned therein, or
interefted in the Ship, fhould profit by itj and in this Cafe if the Ship furvived
the Time limited in the Bottomry Bond, and was lofl within the Time limited
in the Policy, if Infurance good, the Defendant might be intitled to Money on
the Bond, and Policy dfo{ but fmce this, Infurances have been conflantly
adjudged good, on tntereji or no Intereji, till the aforementioned Act of 19 Geo. II.
Cap. 37. prohibited it.
Upon tne Credit of one Marwood's fubfcribing a Policy on a Life, feveral
Perfons enquiring of Marwood fubfcribed, who was in Combination, and agreed Prtc inChan-
to have Part of tTie Money when the Life dropt, this being confeflcd in the '^^l,'^'/,^^
Anfwcr, the Policy was decreed to be delivereo up, and the Premium returned Tiir^tor'^t.
the Plaintiff, deduding thereout the Cofts.
One lends 250/. on a Bottomry Bond, and afterwards infures on the fame Ship, » ''"■». 717.
the Ship is lofl, he (hall have both the Benefit of the Infurance and the Bond too. ^"T"" ■
On
. ' ' •■'' >f' i -4 •49''''
"i
■w
i
m'^\
>.%r
PH.--
mi '^1
>i^'
f^^i"'
•■' j
^61i
Mod CVdia
L. ana E.
I to
K'^ifht «
Ltlcl III L>
ind K -7.
Cumhi ill f.
If* Ship b«
ukcn by ;
Pii«.itcet, and
11.11 btoughi
Inlri I'rcndia
ol inr K-iiig,
by wliol'e Sub-
ject II »<•
uKen, i. I> no
Uwlul Piize,
»iij the Pro-
perly II not
iliercd.
D, CtjU I.
Sljmitr I.
P,4r U'lll.
i-o If'iavir
a. ftuir.
5 P Jecrced
in Murch,
4^' ■••■'« ••
Ciftlr n.
lihx-t', at
Ui.iUi.ll, 18
bamc Caft ai
above before
Ur C. J.
CsrI/rt.Riyal
£xti, Jjlfur.
>;'• ;7V
p. L/« L. I.
i?,.'Ajri //I//
6 ai. a yfl/***
Spmiir, tried
at Gui.i^ha.l,
by a fp<Kiiil
Jury, m the
iiittioj^ altar
Hillary Tetm
'745-
0/ INSURANCES.
On a fnccial Verilift, it was found, that the Ship was loft p(r FrauJem (i
Ni-gligcntiam Migijtti, and Ftaud Was held to be Barratry, though mere Negli-
gence might nut. •
Infnrancc, Intcrcft or no Intereft, the Ship was taken by the Enemy, and kept
for nine Dayi ; but before it was carried Infra Prtndia, viz. a Place of Safety,
it was retaken by nn Englijh Man of War. And whether fuch Taking was (uch
a Lofs as would entitle the Affurcr to recover, was the ^eftion, and tlr Court
feemcd to be of Opinion for tbr Defendant.
Firft, bccaufe they would be never more favourable to an Infurer mn honajide,
or a Wagcrer, than to one that Infures bona fide, for they held that an Infurer
having Intcrclt, could not recover, the Property not being altered by the Taking.
But no Juiigment given.
A Merchant having a doubtful Account of his Shiii, infures without acquaint-
ing the Infiirers what Danger Ihe was in j this held to be fraudulent, and the
Court relieved againft the Policy.
Where it was found by a fpecial Verdift, that the Infurer had no Intereft in
the Ship, and the Court was of Opinion that made no Difference.
A, made a Policy, and declared uhder his Hand, on the Back, that the Irt-
furance was made for and on Account of 5, and afterwards A, brought an Adlion
on the Policy, and though the Declaration of B's Intereft appeared at the Trial,
Lcc, C. J. was of Opinion, that A, notwithftanding, might maintain the Aftion
and Vcrdi(f>, />. ^ter.
A Ship was taken by a Spanip Privateer off T/jw/;, fo near the neutral Shore as
to niakc a Difpute wlicther a Prize or not, and the Ship was carried into the
neutral Port ; infifted for the Defendant, that as ftie was not carried Infra Pren-
dia HcjUs, the Property was not changed, and therefore no Proof of a total Lofs,
and Verdidl for Plaintiff*.
The Proof of an Intention to make a Deviation will not avoid the Policy before
a Deviation is atSually made.
The Snow, Tryal, Willkm Jefferys, Mafter, was taken up by the Government
of Carolina as a Flag of Trixe, to go to the Havanna, with Pretence to bring
from thence fome Palatines, lately taken and carried in there, on board an
Englijh Ship, the Lyditt, Captain Abercrombie, and by this Occafion feveral
Carolina Merchants loaded Goods aboard her, to a very confiderable Value, and
diredted their Friend, Mr. fames Croc katt oi London, to get 10,000/. infuredon
them, and at the fame Time to inform the Underwriters every Circumftance of
the Voyage, that the Cargo confifted of eighty or ninety Negroes, and the re(^
Manufadures of Great-Britain, and Germany- all which was to be regularly
cleared out for Providence, where the Veffel was to have Liberty to call, in her
Way down, for a Pilot; the Affured alfo mentioned th? Probability, that one
Mafter of the Spanijh Language, might be cloathed wit'i the Charafter of Cap-
tain of the Flag, by the aforefaid Government, and Jffferys only appear as
Pilot, though this latter was to fign all Bills of Loading; and the fame Inlurance
was ordered from the Havanna to Carolina, as was made to the Havanna. Mr.
Crot-^a// got the 10,000/. infured at four priva^; Offices, at and from South
Carolina, to the Havanna, and at, and from thence back to South Carolina, with
Liberty to touch at Providence, outward and home\yard bound, upon any Kind
of Goods, laden or to be laden aboard the Ship called the Tryal (a Flag of Truce
Ship) William Jefferys, Mafter. beginning the Adventure from, and immediately
following the Loading thereof aboard the faid Ship at South Carolina, and fo to
continue until the faid Ship, with the Goods whatfocver, fliall be arrived at the
Havanna, and fo fliall farther continue till arrived back at South Carolina, and
the fame there fafely landed, and it ftiall be lawful for the faid Ship in this
Voyage to ftop and ftay at any Ports or Places whatfoever, more efpecially at
Providence.
At the Foot of fome of the Policies arc thefe Words, viz. Warranted a Flag
of Truce for the Voyage; and in the others (after defcribing the Voyage) the Ship
being a Flag of Truce for the Voyage.
The Tryal failed troiti South Carolina to the Ifland of Providence (after the
Captain had received his Creticntials irom the Governor, as Commander of a
Flag
Of INSURANCES.
269
<rrt^
Flag of Trace Ship) where fhc arrived, and difpofed of Part of her Car"0, and
then failed dire^ly towards the //<n'<7flffa) and being arrived near the Ent .ace of
the Harboar. was fcized by a Spanijb Ship of War, and carried into the faid
Place, where her Loading wai condemned and (uld, and the Ship, Ofliccri.
and Sailor*, detained near five Months ^ at the Expiration of which Time, the
Govcmof of the Hm'unna permitted them to return, with (oinc Englijh that had
been made Prifoners, but without the Palatinet they went to reclaim, and the
Governor gave the Captain a Protcdliou to fcrccn him in his Return from being
molefted by Men of War or Privateers.
Mr. Crockatt, on receiving Advice of the abovementioned Lofs, demanded it
of the Infurers, who thinking they had Reafon to deny the Payment, fuffered
themfelves to be fucd for it; and Mr. Crockatt to fupport his Demand, offered to
produce the Invoice, Bill of Lading, credential Letters, uiui an Affidavit under
the Seal of the Province of Carolina, attelling that the Goods contained in the
Invoice, were (hipped, and Witncffes, who were ready to prove Fiva yu,.e, the
Capture and Sale of the Goods at the Ha^ianna, the Detention of the Marincr%
ftna that the Ship returned as a Flag of Truct, with forty-nine Englijh Prifonert*
to Cmroiina.
On the other Hand, the Underwriters, to invalidate the Infurance, pretended
that this was an illicit Trade, that the Ship was not a Flag of Truce, or if flie
was fo, that the AfTured, by warranting her to be fo, did m Eifei^t engage that
the Goods Hiould be exem(.t from Seizure ; that to entitle the Plaintiffs to a Re-
covery, it was incumbent on them to fhew the Condemnation, and the Reafons
of the Confifcations at the Havanna, and many other Arguments were ufed to
fet afide the Policy, but the Jury found a Vcrdift for the Plaintiffs.
The Mary, Captain Wilfon, was hired at London to carry Goods to DuhUn, Hufrft-Hrm-
and an Infurance was made on Ship and Freight, but in her PsifFage fhe ran afhore ''• '"*^ »'
on the Sands called Artelow Grounds, and was there defertcd by the Captain and im'L'im*)*'
Sailors, who went afhore to fave their Lives, fuppofing the Ship irretrievably T«iia, 1747.
loft J but fome Fifhermen hearing of the Wreck the Night beiore, went out
after her, and early in the Morning fpied a Sail off Meyenbead, near Artekw in
the County of JVickhw, and about uiirty Miles from Dublin, lying afloat in about
ten or eleven Fathom of Water, and about a Mile and a half from Shore, which
proved to be the aforefaid Ship Mary, and on coming up with her in the laft
quarter Ebb, they found the Snip lyme too, with her Gib Sail hauled to wind-
ward, and her Mizzen fail fet, and on boarding her, found her entirely deferted,
without one Perfon therein.
After the Fifliermen had got in, they founded the Pumps, and found lb little
Water in her, that two Hands cleared her in an Hour's Time, after which Ihe
leaked but very little } and fome few Hours after, the Filhermen meeting with
a Pilot, agreed with him for half a Guinea, to carry her into Polebegg (which
is a Place where Ships bound for Dublin, that draw much Water, are unloaded
and difcharged) where flie was delivered to Captain fVilfon, who took her in
Charge, and was afterwards moored, and all her Cargo delivered fafe and undam-
nified, and the Freight accordingly paid for the fame.
The Ship was, after her Difoharge, removed from Polebegg to the Bank Side,
and there laid on the Ground lo fearch if fhe had received any Damage, and it
was found that nine or ten Feet of her Sheathing vvas rubbed off, and about the
fame Quantity of her falfe Keel broke, and the Ship ftraincd very much, fo that
they were forced to carry her back to Polebegg, and there moor again.
The Plaintiff demanded the whole Infurance, which was 700/. on a fuppofed
Proof of the Ship's being rendered unfit for any future Service, by her being run
afhore as aforementioned, and the Defendant tries to invalidate his Claim, by firfl
endeavouring to prove, that fhe could not he of near the Value infured, as fhe
was an old New-England built Ship, and fold a little before, to be broke up, for
1 50/. but the Purchafer refold her to another, who fold the Moiety thereof to the
Plaintiff, as he affcrts, for 400/. the Truth of which Sale the Defendant
fufpedts, as well upon Account of the Lownefs of the firft Purchafe, as an Erafure,
upon which the Concern was wrote, and he likewile offers fome Reafons to
fuppofe that the Ship was wilfully run afliore, and not undcligneJly, as the
3 Z Captain
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WEBSTER, N.Y. MSM
(716)t72-4S03
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170 0/ INSURANCES.
Captain afTertsi vid t9 fupport thefe Allegations, he refers to the M^nnerin
which fhc was found, with litMs or no D4inage as aforefaid, more thai< what
wai occafioned by her lying ag> ound, that fhe Captain had a very bad Chavader,
and it was fufpeded he made large Infuranccs, which induced him wilfully to
lofe Uie Ship, more efpecially at the Mate had declared, that if the Captain
would have left him two Boys, he would not have quitted the Ship, and fevend
oiher things to the faid Purpofei but thefe not appearing fo plain to the Jury,
they found a Verdict for thQ Plaintiff.
ttttm^Sttw The Wefitnmk't Anrn, Captain Richard Homer, a Swidijh Sliip and Com-
Mithmtima$ maodef, was chartered at Hamburgh, by Mr. Jacob Bofanquet a Merchan there,
T«nr, 1748. jp ^^ £jjj. i^gf^g^ anj tiierg ^Q tjjjg ;„ iuch Goods, as he or his CorreArandcnts
fiiould put aboard her, and cairy them to fuch Parts of Ita/y as he mould be
direAed.
A Itfge Quantity of Goods were I6aded aboard her, to the Value of 30 or
40000/. and among the Shippers* the Plaintiff was one, who took this Oppor-'
t^ity of fending bis Friends . .'WiooUens • to . the Import of 1 3 67 /. 12 1. yd, con-
^ned to one Mr. Antbot^ Damiani, a Merchant at Leghorn, for the Uie'of
feveral Perfons in Italy, by whofe Orders they were {hipped, though witb^.the
Circumftance. that the Property was not to be veded in them, neithi'r were they
to pay for them, till the Goods were arrived and delivered according to the Bill
of Loading, and confequently remained the Plaintiff's Property, till the afore-
mentionea Particulars wei!e complied with,, which induced him to get loto/.
infured on them, and it was mentioned, in the Policy, that the Goods were war-
ranted to be inferted in the Bills of Loading, /»■ neutral Account. This was a
Cuftom during the War, in order ^ to icrqen Goods from; the Enemies Seizure,
and thcii Captauit of neutral Ships would not fien Bills of Loading without this
Inlitftion, which li^as Mr. Boehm't Motive for Sling up his accordingly, and the
fame occurred with the other Genilcmen^ on Shipping their Good!>, as the^iid
Warranty and Dsxlaration were inferted in all the Policies and Bills of Lpading.
This Ship in, her Voyage was taken by a Sfanijh Privateer, and carried into
Ctutit% a Syamji Port on the Coaft of far^ary, where the Goods were t^ndepined
as lawful Prize, as appears by a, Copy and Trandation of tlie Sentence of Con-
demnation, though the Ship was fct at. Liberty, and the Captain, after fruitlefly
fcdllcitingtheReicafe of hisCaigoat JC<w/<i, went to Cadiz to reclaim it, where,
notwithftanding he; was joined in SoUicitation& by the Swedish Conful, and both
afff rtcd the Honour of the Flag^ and the aeiitral Property of the Merchandize,
they could prevail nothing towards altering of the Sentence, which ftood con-
firnned, though whilft this wais trahfading, Mr. Boehm demanded his Infurance
of the Underwriters, who being convinced of the Juftnefs thereof, came to the
Agreement of paying him 50/. per Cent, and accordingly endorfed the Policy in
the following Manner, viz.
'1X7 E whofe Names are hereunto fubfcribed, do agree to pay unto the Affured,
^ ' 50/. per Cent, on our feveral Subfcriptions on this Policy, in a Month
from me Date hereof, but in Cad: the Gooas are reftored in Safety, and are dif-
charged according to the Tenour of the Policy, the faid 50/. per Cent, are to be
repaid to us by the Affured, we engaging to make good any Average or Damages
that may enfue by the Detention of the faid Goods.
Signed by all the Underwiters,
And afterwards there was likewife indorfed the following Words, viz. Whereas
the within mentioned Ship, the Wejierwyk's-Arms, Captain Horner, from London
to Leghorn, wae taken by the Spaniards in Jufy, 1740, and forcibly carried into
Cttita, where flie has been detained with her Cargo ever fince, and notwithftand-
ing aU tlie Application and Endeavours that have been made ufe of by the Affured
and his Agents for their Releafe, they have hitherto proved fruitlefs, and with-
out Succew J therefore We, ttte Underwriters on this Policy, do agree to pay
Mr. Thomat Boehm, the Affured, the remaining 48 per Cent, in one Month from
tj:<^ Date hereof, which the faid Mr. Thomas Boehm obliges himfelf to refund and
pay lack again, in Cafj his faid Goods fliould be hereafter rcUafcd, and arrive
' ' fafc
i
or
con-
Of INSURANCES:
271
fafe at Ltgborni according to the Tcnour of this Pdicy,.we engaging ourfelves
to make good aoy Average or Damage that may enfue in this Adventure, and the
Afllired promifes, and obliges hinvfelf to continue his uttnoft Endeavours that his
faid Goods may be reftored, and difcharged.
The prefent Defendant ody lignedthe firft of thefe Agreements, but never paid
^e Money purfuant thereto, though all the reft of the Underwriters figned tx>th,
and have paid their Money long ago.
The Pla'ntifF proved, that the Defendant was acquainted when he underwrote
the Policy, with the Reafonsfor inferting the Words, that the Goods fliould be
warranted to be inferted in the Bills of Loading for Neutral Account ; He alfo
pioved his Intereft, and that the Goods were his, till delivered; that all the Un-
derwriters on this Ship have paid their Loifes, to the aforementioned Value of
between 30, and 40,000/. and that even the Defendant himfelf had paid one on
her : He alfo proved by a Perfon, vma voce, who had feen the Ship at Cadisi,
and heard the Captain and SioeJiJh Conful difcourfe about their Solicitations for
freeing the Goods, which joined to the before-mentioned Copy of her Condem-
nation, he thought fufiicient Proofs of the Lofs, but the Defendant being of a
contrary Opinion, and not fatisiied therewith, ftood a Trial, when the Jury found
a Vcrdift for the Plaintiff.
The Dartmouth Gailey being fitted out as a Privateer, failed (in Company with Jmiaitri mA
the Fortune) in OSober, 1744, on a Cruize, and the Plaintiffs being concerned j^^^'cj^j;^''*
therein, got Inforance made on their Part fbr^ne Calendar Month, of which jun.rrwvy
the Defendant underwrote 200/. and the faid Sh'ps, after being out twd Days, ^"J^},)^'
fellin with twoFrflifi^MenofWar, with whom the Z}<7r//»ou/;6 engaged, and*' **
after a gallant Defence, was taken by them, though not till the Captain and two
more were killed, and feveral ^xrounded, when the Lieuteaantifeeing the Inequa-
lity of the Combat, ordered the Colours to be ftruck, and furrendered, on which
the Conquerors ordeted the Dartmouti/s People to hoift out their Bargee and go
as many as could on board the Men of War, but the Dartmouth's Men finding
an Opportunity iailed awayvand got off; their Enemies purfuing and overtaking
them, they were obliged nhally to fubmit, and the Men of War fent a Lieute-
nant, with a fufficient Power to take Pofleffion of the Dartmouth, in whofe
Coftody flte continued only about an Hour and a Half, or two Hours j for the
Lieutenant and his Company perceiving fhe was leaky, by one of the Men of
War running foul of her, and ftarting a Plank during the Engagement, called to
his.. Commanders to fend a Boat for them, as they feared unking, which they
ifflmediately complied with, and the Lieutenant of the Dartmouth, mA about
ainety of her Men were carHed into France, and the Boatfwain being left on
board with about twenty more, (including nine wounded ones) fearched for,
and in a great Meafure ftopped her Leaks, and taking Advantage of the French
Mens Fears and the Night, in two Days after got fafe ' again into Dartmouth j
and foon after her Arrival there, was refitted by the Owners, and failed on an-
other Cruize.
After this the faid Ship was kept infured from Month to Month, and the
Defendant underwrote feveral fubicquent Policies on her, being always told by
the Office-Keeper, that he was of the firft Policy, and neither he nor the Plain-
tiffs ever pretended to demand fuiy thing of. him on Account thereof.
In about fix Months after the Expiration of the aforefaid Policy, the Defen-
dant paid the Plaintiffs a Lofs on her, having continued to infure her Monthly,
from the Policy in Queftion, and the Plaintiffs when they received it, never lb
much as infinuated, or pretrnded they had any Right to thp firft Infurance; how-
even the Plainti^d have now claimed it, as the Taking of the Ship, and carry-
ing her Men away, entirely overfet the Cruize, and (lie could not be refitted and
fiku on another, before the Expiration of the Month for which fhe was infured,
and confequently this proved an entire Lofs to the AlTured^ but in Support of
the contrary, it is alledged by the Defendant, and confirmed by the Opinion of
feveral very confiderable Merchants, that this could not be counted a total Lofs,
more efpecially as it is not on a Cruize, the Words of the Policy being, to be
infitrtd loji or not hft, to any Ports or Places, fir one Calendar Month, but no
Mention at all made of any Cruize; on which Account the Defendant fuppofes,
thcie
1
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there could be no Interruption to a Thine never guarded againft t and befidei,
the Ship was fo far from being a total Lofs to the Owners on the firft Rifque.
that (he afterwards met with great Succefs by talcing a very rich Prize.
And if this DoArine offered by the Plakitiffs, had talcen Place, with refped
to Infurances made for Time, every Collier might bring this as a Plea, as they
are always infured on thofe Terms, though it was never aoprehendcd, that every
little Accident which luppencd within the Time, and obliged them to refit, was
deemed a total LoA.
Tbe Plamtiji were mmfitUed, becaufe unprepared /» Jbiv the Impoffibility of her
beiiu fitted mtt tawM More tbe Exptration bftbe Infitrwwe.
The PlaintifTcaufed Infurance to be made for nimfelf or others, hfi orn^M,
on (he good Ship L'Heureu*:, Capt. Beatrix, {tomBayenne to Martimco, the
Adventure beginning at and from Bayome to Martimco and C«^ Franfois in St.
DomingOt with Liberty to touch and flay at any Ports or Places whatfoever, with-
out Prejudice to the Infurance, and without other Proof of Interefl in Cafe of
Lofs, than the prefent Policy, and the French and American Livres to be valued
Eleven-Pence each, without further Account to be given; and for this the
Affured paid thirtv Guineas/^ Cent, to have twelve Guineas /t Cent, returned,
in Cafe the Ship mould depart with Convoy from Bayonne or L'Ifie D'Aix.
The faid Ship failed two Day> after in Profecution of the afiorefaid Voyage,
and was taken, brought to London, and condemned; on which the Auured
demanded of the Defendant his Subfcription, which he refufed to pay, for dif-
ferent Reafbns, as will be hereafter mentioned.
Several Merchants in France, particularly at Bourdeaux and Bayonne, after the
Commencement of die late French War, fitted out a great Number of Ships,
under a Pretence and Appearance of fendina them to the French Settlements in
America, ice. and got them infured to their full Value at Marfeillei, and other
Places in that Country ; and as the Laws of France prohibit every Perfon from
making larger Infurance tnan what theii Interefl is, they, without difcovering
what they had done in their own Country, requefled feveral Gentlemen here to
f:et Infurance made for them, often to three or. four Times more than their real
ntereft was ; and the faid Ships being generally taken of lofl, the Underwriters,
without fufpeding anv Fraud, paid their Subfcription, by which Means, the
French concerned in thefe Pradiees, got more than they would have done by any
fair Adventures.
Thefe Sorts of Tranfa£lions became at laft fo notorious in France, that Monf.
the Count de Maurepas, Dircdtor of the Marine in that Country, about Mty,.
1747, took Notice of it, and feat a Letter to aMerchtmt at Nantes defiringhim
to enquire of his Corrrfpondcnt in England, into the Valuations of the feveral
Ships and Cargoes, mentioned in the Letter, (and aoKMiBft them of the Heureux,
Capt. Beatrix beforementioned) with the Amount of diicuifurances made thereon,
declaring in the faid Letter, that there were great Frauds committed by Perfbns
of Bayonne and Bourdeaux, in fitting out Ships and making large Infurances
thereon, and then putting thofe Ships in the Way of being taken by the EngHJb.
This Gentleman fent a Copy of the above-mentioned Letter to Mr. Henry Lembier,
a Merchant of this City, who generoufly communicated the fame to feveral -of
the principal Underwriters ; and they, in Confequence of this Advice, chofe a
few Gentlemen from among themfelves as a Comoiittee, to enquire into thefe
Frauds ; and they found that feveral Gentlemen in England had procured In-
furances to be made on French Ships from Bourdeaux to Baymne to the ff^"
Indies, either upon the Terms of Interefi or no Interefi, or without y«r/<6«r Proof
of Itttereji than tbe Policy, to the Amount of 100,000/. of which near the Hau
was difputable LofTes, by there being great Reafbn to believe, that thefe In-
furances were fraudulent, and among others the Ship in QuefUon j upon which
.1 Bill in Chancery was filed, and an Iniundion obtained {but on the Plaintiff'a
Swearing he knew of no Fraud, the InjunAion was diffolved.
The Committee fcnt an Anfwer to Mr. Maurepas's Letter, authenticated by a
Notarj' Publick, whereby it appeared, that the Ship and Cargo in difbute were
fold ill England for yii I. lis. ^d. viz. the Cargo for 388/. 11/. 3/ and the
.■<liip for 400/. and there was infured on her in England, 2790/. and at MarfeHlet
it
by a
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the
•ftUItt
it
0/ I N S U R A N C E S. 275
it was found upon Inquiry, that 12000 Livrcshad becninfured, which (reckon-
ing a Livre at 1 1 </.) amounts to 550/.
The preceding Circumftances were offered to the Court, in order to difcharge
the Defendant from paying the Infurance, but it not being in his Pow'T to prove
them, though he fuppofed them Matters of Fadl, and it appearing plainly that
the Plaintiff had not in the leaft been guihy of any F-aiul, and the Policy being '
exprefsly valued, and that in Cafe of Lofs, the AfTiircd fliould not, b? obliged to
S»rove his Intcreft by any other Means whatfoevcr, fave by »he prefect Policy (as
s mentioned at the Beginning of this Cafe) and had paid an adequate Premium
to the Rifque, which to the Underwriters was rather lefs than would have been
on an Intercfl to be proved ; as in this latter Cafe they are liable to Averages,
which on Policies like this in Qucftion, of Intercfl or no Intercfl, they are
folely anfwerable for a total Lofs; and the Jury found a VcrdiA for the
Plaintiff.
The fime was tried on three other Sliips under the fame Circumflances
(on which large Sums had been infurcd) and had the fame Determinations.
The Plaintiff being concerned in the Salamander Privateer, made Infurance on piHtltKini,
her, as well in his own Name, as for and in the Name aiid Names of all and
every other Perfon or Perfons, to whom the fame did, might, or Hiould apper-
tain, in Part or in all, loft or not lofl, at and from the Downs (or elfewhere) to
any Ports or Places whatfoever, for and during the Space of three Calendar
Months, to commence from the 2 1 ft of December, 1 744, upon the Body, Tackle,
&c. of the faid Ship j and to continue until the faid Ship, with her Tackle, Gfc.
fliould be arrived at, as abovementiohed, and there had moored at Anchor twenty-
four Hours in good Safety ; and it fhould be lawful for the faid Ship in that
Voyage, to proceed and fail to, and touch, and ftay at, any Ports or Places
whatfoever, without Prejudice to that Infurance; the faid Ship, &c. for fu
much as concerned the AfTurcd, was and fhould be valued at, Intereft or no
Intereft free of Average, and without Benefit of Salvage to the Affurers, touch-
ing the Adventure, &e. which they, the Affurers, were contented to bear, and
did take upon them in that Voyage, &r. and in Cafe the faid Ship ihould not be
heard of in twelve Months after the Expiration of the abovementioned three
Months, the Affurers agreed to pay the Lofs, and the Affured to repay the fame,
if afterwards the faid Ship fhall be heard of in Safety: The Defendant under-
wrote two different hundred Pounds at feparate Times, on the aforefaid Policy,
and the Ship proceeded on hef Voyage on the 24th of December as abovemen-
tioned, and was taken by the French on the 2d of Feb. following, after an
Engagement of more than an Hour with a much fuperior Fofce, and after f(tveral
of her Men were killed and wounded; and being thus conquered, 117 of her
Men (including the Captain and all the Officers) inoft of her Small Arms, and
the Commiffion, were removed into the Enemy's Ship, and carried into Francct
leaving only fcventeen Englifh on board the S,:/amanaer (of which five foon after
died of their Wounds) and two French Officers, with twenty-four of their Men;
and the faid Ship was in Poffeflion of thefe their Adverfaties, from four of the
Clock in the Afternoon, of the faid 2d Day of February, until five of the Clock
in the Afternoon of the 5th Day of the fame Month, during all which Time fhe
was abfolutely in the Power of the Enemy, and was at the laft mentioned Period,
retaken by the Hunter Privateer, Cant. Richard Veale, who put thirty of his Men
and two Officers on boa|d her, and kept her cruizing with nlm for eight Days,
when the faid Capt. ^<'j/(« engaged, and took a Frf«f A Ship, with which, together
,> ith his own Ship and the Salamander, he endeavoured to gain fome Port in
ti,ng!anJ or Ireland, hut the Wind and Weather not permitting, he carried thent
all to LUbon (a Neutral Port) where he lay a confiderable Time j during which.
Cap?. Veale took out of the Salamander two Carriage Guns, and thirty nundred
Weight of Bread for his Ship's Ufe ; and the Captain of die Durjley Privateer
(being in Partnerfhip with the Hunter) alfo*took out two Carriage Guns for the
Ufc of his Ship ; of all which Capt. Veale made a Manifeft, afid feftt to his
D\s ners, that they might be accountable for them where they ought.
Captain Veale levied and inftituted a Caufe or Suit in the Vice Admiralty Court
at Gibraltar, againft the faid Ship, the Salamander, &c. and on the 29th of
4 A Jprfl,
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jlprl/, I745f obtained a Decree from the Judge thereoft that the faid Ship, Q?r.
(hould be reAored to her rightful Owners, they payine, in lieu of oalvage, one
third Part of the t 11, true, and real Value thereof; free and clear from all
Charges nnd Dedudtions whatfocver ; but as her Capture had intircly overfet her
Voyage before the Expiration of the three Months, for which (he was infured,
the PlaintiflT demanded the Infurance of the Defendant, which being denied, ho
fued him for the famej and on the Trial at GuUSall, the Jury brought in their
ytxAxd Jpeciai, which occafioned its beinj argued before the Judges of the
King's Bench in Hilary Term, 1746, and the Difpute in qucAion feemed to turn
on this Point, viz. wnether a Policy made free of Average can afFedl the Infurer
but by a total Lofs. This was ftrongly urged in favour of the Defendant, whufe
Council fuppofed that the Recapture prevented the total Lofs, which would have
happened had the Enemy carried her into France; and that he was freed by the
Policy from Payment of the Average ordered to be paid in lieu of Salvage, fo
that confcquently the PlaintifTs Demand on him, was ill founded and unjuft t
but the Arguments on the contrary Side being ftrong and coiiclufive, I ihall
tranfcribe the greateft Part of them ; and the Queftions now upon the fpccial
Verdi£t are two (one to be conlidered upon the nril, ihe other on the fecond
Count in the Declaration.)
I ft, Whether the Property of the Prize was divefted by the Taking 5 and,
2d, Whether, as it is found that the Voyage was totally broke, and the Pur-
pofe thereof defeated by the Capture, and no Reftitution made to the Owners,
there is not a Breach of the Policy, fufficient to give the Plaintiff a Right of
A£lion, notwithftanding the Recapture, and tho' the Property be not changed,
and the Infurance be made free of Average.
I ft. It is found that the Ship was taken by Enemies as a Prize, and that a
hundred and ftventecn Men (including the Captain and Officers) with the greateft
Part of the Small Arms, Commi/Tion, ^c. were carried into France, and only
feventeen Men were left on board, all of which, except three, were wounded,
and Ave of them died foon after, fo that they were not able to navigate the
Ship : But two French Officers and twenty-four Men were put aboard, and the
faid Ship fo conquered, remained in the PofTeffion of the Enemy, from the 2d to
the 5th of February, and during all that Time, was abfolutely in their Power {
and that thereby the Voyage iniured was totally prevented.
Thefe Fai^s, according to the Laws of France, Spain, Holland, Sweden, and
other European Nations, are fufficient to diveft the Property of the Prize;
but according to the Opinion of fome Writers, who draw their Notions
from the RiUe of the Civil Law, the Property of a Ship taken at Sea, is
not divefted 'till the Prize is brought Infra Fines, or Infra Prafidia
Capit'ntium.
If the Queftion therefore is to be determined by the prefent Law of Nations, it
is with thePlaintjff", for thereby the Property of a Prize is changed.
By a firm Poueffion of twenty- four Hours.
But if by the Opinion of certain Dodors of the Civil Law, it is againft the
Plaint^:
The Prize not being brought Infra Fines Hofiium.
It feems to be agreed by all the contending Writers upon this QuefUon, that
the legal Principle, which vefts the Property of a Prize, is
Such a Taking as enables ihe Captor to retain and dl^fend the PoftefHon; but
their Difpute is concerning what Circumftance is declarative of fuch Ability, and
upon this Head it is that a Variety of Difficulties have arofe.
Fan Bynkerjhock, fpeaking to this, fays,
" Quando autem ita adepti, videamur PofTefllonem ut re dnere, vel non re-
" tinere poffimus, Caufarnm Varietas definire non permittit."
They all likewifc agree, that wher the Spes probabilis recuperandi is loft, or the
Parties may be faid DepoJfuiJJe Animum recuperandi the Property becomes the
Captors.
But they cannot fettle what fhall be Evidence thereof, though they confefs it
would be beneficial to the Publick, and reafonable in itfelf, to put an End to an
Infinity of Litigation, by reducing the Queftion to a Certainty > yet, notwith-
ftanding
«
CI
tniy
" bel
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Of INSURANCES.
^75
the
that
fcfs it
to an
with-
inding
/landing To necefTary an End is fully agreed upon, the Means leading to it arc
not : The Doftors adhering zealoufly to the Rules of the Chil Law, contend,
that the Crittrnn for determining the Qucftion, (hall be a bringing the Prize Infra
Prtndia } the Law of Nations regarding the general Intereft and Convenience of
the Subject and to give all pomble Encouragement in the Time of War, for
the retaking of Prizes from the Enemy, hath ordained that a Pofleflion of
twenty-four Hours (hall be fufficient.
And now it is for the Judgment of the Court, to which Side they will pay the
Deference i that is, whether to the Opinion of fuch Dodlors, as Albtr. Gent.
Pttrinus BeHus, and Van Bynktrjbock, or to the Law and conflant Prai^ice ufcd in
other Nations.
If they adhere io the Dodtors, the Queftion is not finally fettled amongft them,
for fome contend, that there muft be a bringing. Intra Fines Capientiutii, otiiers
only Infra Clajjem, and fome into a neutral Port, Gff. and fome go lb far as to
fay, that after a bringing Intra PrafuHa, there muft be a Sailing to a new
Deftination.
But by the Law of Nations, of modern or later Inftitution, the Certainty
fought for is definitive, viz. a Pofleflion of twenty-four Hours; and the
Authorities tc prove the Law of Nations on this Queftion, are,
1 . " Recentiori Jure Gentium inter Europeos Populos introdudium videmus
" ut talia Capta cenfeantur, ubi per Hoi as viginti quatuor in Poteftate Hoftium
«« fuerint. Gro. L. 3. Cap. 6. S. 4.
2. " L'Coutume vient dcs antienne Loix D'Allemagne & elle a & etahlie
*' Limitation de I'Efpace de 24 Heures qu'elles limitorent non fans Raifon.
•• Bari. Notfian Grotius. L. 3. C. 6.
3. " La mdme Chofe fc Pratique en Angleterre, 6c dans le Royaume de
" Ca/liiU. Idem.
4. " Scd Jjodie Naves ab Hofte captx communi inter Chriftianos, & Europeos
** Populoi, five Jure, five Confuctudine port Liminio— non recipiuntur fi Hoftis
" eas non eodem Die navali Pugna iterum amiferet, fed per viginti quatuor
" Horas in Poteftate Vidtoris fuerint tunc er.im verecaptx, & proprii Juris fadtae
" cenfentur. Loceniut de Jure Maritimo, &c. L. 2. C. 4. S. 14. Zoucb de Jure
" Feciali, Part :. S. 8. 21.
5. " Quii;quid Vero clariiTimi Interpretes difputent Dcprzda prius in Prefidia
*' deducenda, quam fiat poflidentis siliud tamen Conuietudine & Moribus
" Europeorum hodie obfervatur ut nimirum Praeda Capientium fiat, & prefertim
*' Naves Hoftium de quibus hie Sermo eft fi a Vidlore per Diem & Nodlem pof-
" fcffa fuerint. Z-or. L. 2. C. 4. S. 8.
6. " Si aucun Navire de nos Sujets eft repris fur nos Enemis apres qu'il aura
" denieure cntre leur Mains pendant 24 Heures, la Prife en fera bonne, & fi elle
« eft fait avant les 24 Heures, il fera reftitue au Proprictaire. Orden toucbant la
** Marine, Tit. Prizes, Adl. 8.
7. " Simon Grcenewegen, an Author frequently quoted as an Authority by the • Dia. Mor.
" beft Writers, and who was a celebrated Lawyer * in the laft Century, and of
« li Family that had for a long Courfe of Years fat at the Helm of the Govern-
" ment, proves, that the Law requiring a Ship to be brought Infra Prafdia is
" abrogated, and puts it down as fuch in his Treatife De Legiius abrogatis, &
" inu/itatis in HolUndia, vicinifque Regionibus, where he diftinguiihes what (hall
" be faid to be Prizes by the Civil Law, and what by the Law of Nations -, to
" which End, in Lid. 49. Tit. 1 5. de Captivis, &c. he makes fevcral Divi(ions
" and Subdivifions of the Subjedt, and has two Subdivifions de Navibus, viz.
" Firft Caftir, qun dicuntur jure Civil! ; Secondly, Gentium, and under this
" Head Gentium, quotes the Poftage aforefaid from Grotius, and adds, that now
" in Holland a Prize may be good, NuUi haiito reJpeSta Temporis, quo Navis ik
" Htfiium Poteftalefuerit, dum tamen Infra Prajidia pcrduSla nonfuit. Sim. Grec.
" De Leg. Abr. P. 353."
As by the Law of other Nations a PofiTeffion of twenty-four Hours, undoubtedly
divefts the Property of a Prize, one might conclude that (as this Queftion has
not been judicially determined by this Court) it would be reafonahle to put the
Subjcdts of England upon the fame Footing with thofe in France, Spain, Holland,
Sweden,
■■.'-!','■ ■■'©' /AL-' ••
:' O;
276 0/ I N S U R A N C E S.
Sweden, &c. cfpccially in Mercantile Contrafts, which ought to have the (amt
Conftrudlion in one trading Country as another, and more cfpccially as tliis Kind
of Infurancc, Intereft or not, is a Branch of Trade ucculiar to us 1 but if this will
not do, the Qneftion upon the fccond CouHt is to oc confidered, which is,
!/«»//. IVbetber upon this Count, there hath not been a Breach of the Policy or Con-
tradl of Infurance, fufEcient to give the Plaintiff a Right of A<^ion, upon Intereft
er not f
It is found that the Prize was fitted out to cruize againft the King'' *^nemies«
that all her Men except feventeen, as aforefaid, were taken, and ca.ried into
France, and thofe left, not able to navieate the Ship, and that the Voyage
dcfcribed in the Policy was thereby totally prevented, and that at the Time of
the VerdidV, the Ship remained at Lijbon, not reftored to the Owners.
This feems to be a Breach, taking the Policy either upon the Foot of
A Contract or a Waoer.
Confidering it as a Contrail, the Agreement is, that the Ship Hiall not be pre
vented in the Voyage, by any of the Perils or Rifques in the Policy, amongft
which, are all Surfrijals at Sea, Arrefls, Reftraints, and Detainments of all Kings*
Princes, and People whatfoever; and here nas been a Surprifal at Sea, and a D&>
tention, whereby the whole Voyage infured was totally broke, as is found by the
Verdidl; and this is a much ftronger Cafe than Depatba and Ludlow, where the
Court, for very good Reafons, determined unanimoufly for the Plaintiff, as ap*
pears by the Judgment of Lord Chief Jufticc King, delivered as the Opinion of
the whole Court ; whereby it alfo appears, that a total Lofs is not neceiTary in
all Cafes to give the Plaintiff a Right of AAion upon a Policy, Intereft or not.
The Defendant's Council infifled in his Argument, that as the Policy was
made free of Average, nothing could iScGt the Infurer but a total Lofs, becaufe
all other Loffcs are included within the Import of Average, by the Words of the
Contra^.
This is a MiAake, and appears to be fb from the Words of the Policy, which
immediately foiiow, viz. and without Benefit of Salvage to the Infttrer. If nothing
but a Lofs of the whole could affedt the Infurer, it is not confiflent that he fhould
renounce the Benefit of Salvage, for what could he have to do with Salvage, ii>
cafe he was chargeable, if any Thing was faved ?
This therefore is a Conflrudtion not warrantable, being abfolutely inconfi/lent
with the exprefs Words of the Policy, which arc free of Average, and without
Benefit of Salvage to the Affurer.
And as fuch a Conflrudion is inconfiftent, another is to be fought, which is
not fo repugnant, and which may permit the Words before-mentioned to ftand
with more Propriety, and this may be done by confining the Import of Average
to a Limitation ; and the Definition of Average in the firft Article of the Ordi-
nance of Fontainbleau touchant la Marine, Titre Avarice, eftablifhes fuch a Limi-
tation of the Import of this Word, as will give it a confiflent Place, as it flandi
in a Policy of Infurance ; it is by the faid Ordon defined thus ;
" Tout Depenfe extraordinaire que fe fera pour les Navires, et Merchandizes,
" conjointement ou feparement, et tout Dommage queleur Arrivera depuis
" leur Charge et Depart, jufques a leur Retour etDifcharge, feront reputes
" Avarics. Ordon. of 1681, Tit. 7. des Avaries."
And it is certain, the true Import of the Word Average, is fuch Damages as
happen to the Ship or Cargo during the Vopge, as the Lofs of Anchors, Mafls,
Cables, &c. but that which breaks up the Voyage, as in this Cafe a Capture by
Enemies, whereby the whole End, Purpofe, and Defign of the Cruize, was
abfolutely defeated by the actual Taking of all the Men, Arms, Provifions, Com-*
miflion. Officers, &c. cannot from ue obvious Nature, Circ*i"nftances, and
Reafon of the Thing, and the Authority of the Cafe of De Paiba and Ludlow,
be efteemed barely as an Averaee, to which the Infurer is not liable, but mufl be
confidered as a total Breach of uie Contract of Infurance to which he is liable.
If the ConflruAion contended for by the Defendant, was to prevail, the Infurer
would rather be indemnified from, than fubjedted to the Perils infureu againft;
for if a Taking happens at the Beeinning of a Voyage, infured from one Port to
another, or for Time only, and me Voyage be thereby broke up, or the Time
5 elapfed.
ich is
ftand
\verage
' Ortfl-
Limi-
ftandi
lages as
Mafts,
>ture by
ze, was
Com-
;e8, and
LuSne,
muftbe
able.
Infurer
againlt>
Port to
\e Time
elapied«
0/ INSURANCES.
^77
elapfed, the Recovery of the Ship will ruin the Infured, and be a general Releafe
to the Infurer, who will alfo be thereby indemnified from all the Rifqucs in the
Policyt whereby if no fuch Capture had happened, the Ship might nave been
loft, and a Capture and Detention breaking up the Voyage infured. might put the
Infurer in a better Condition than if there had been nu Capture at all, which can-
not be the Meaning of the Parties, being inconfiftcnt with the apparent Defign of
an Infurance.
fiefides, in this Cafe, the Ship infured is not to thio Hour, as appears by the
VcrdiA reftored to the Owners, neither was it * worth their while to pay Salvage* ^^h *
and Charges^ and raife Men to bring her home ; and fuppofe they had, and me ^''i^li*'*^'^
had been taken asain by the Enemy, the Time of Infurance was expired, and chmr. th«t
the Infurer in fucn Cale would have faid he was not liable— —Therefore muft «''« J "'"'«.'*
beconfidered as a total Breach of the Policy, and not as a bare Average. abandon!"^ '
iftf Here was a Taking and a Detention.
adly. All the Men, Commiflion, &c. taken and carried into Frattctf and never
retaken.
3dly, Thd' Ship retaken, not reftored, and poffibly never may.
4t}uy, If reftored, her Men, Arms, Provifinns. &r. bring taken, could not
puifue thePurpofe of the Voyage, and therefore the Infured may abandon the
Benefit of Salvage -f*. , f Thii Sal.
cthly. The Verdidt has found the Voyage was thereby totally defeated^ ahdr*>*.'*«i**t
thatisUcient. , /^. / t'^^Z^
There are many Cafes where the Plaintiff on a Policy, Interejl or net, has by th» Policy.
recovered, though no total Lofs of the Ship, but becanfe by the Perils in the
Policy, ihe was rendered unable to perform the Voyage, as m the Cafe of the
Ludiow Cafile, and the Cafe of the Providence, between Carter and Barrel/, where
the Ship came into St. Ivesi bound for London, but being leaky, the Cargo \Va8
unloaded, and the Ship fold at St. Ives, though it was proved, {he might at a
confiderable Expence, have been made fit to perform the Voyage, yet, as with-
out it the Voyage could not be performed, the Plaintiff recovered, though no
Lofs at all of the Ship.
So in the prefent Cafe; if the Ship had been retaken in an Hour, Hie could
jiot have purfued the Voyage, for all the Men, &c. were taken and carried into
France, and therefore {he could not navigate hcrfelf, neither could Hie have per-
formed the Voyage infured.
But taking it upon the Footine of il Wa^;r, as put by the Defendant's Coun-
cil; what is the Wagtr t It is, that fuch a Ship, for, and notwith{huMling any
Arrefts, Reftraints, &c. will fail from London to Jamaica, or fail for three Calen-
dar Months upon a Cruize (as the Adventrre may be). If therefore by any
Arriift, Taking, Detention, &c. the Ship is totally prevented from proceeding
in the Voyage, is not the Wager loft ? has not a Contingency infured againft
happened?
. Upon this Cafe, for the Reafons aforefaid, and many others atiftne upon the
Nature of the Contrail of Afturancc, and particularly upon the Authority, and
Reafon in de Paiia fS Ludlow, the Plaintiff hoped for the Judgriient of the
Court in his Favour, which accordingly was given, and the Judges: were unani-
mous in their Opinion.
I have enlarged confiderably on this Cafe (more than on any others) as it is
that which fettled definitively tnis Nature of Infurance, which before was almoft
alvtrays contefted, when any litde Difficulty happened; and though the late Aft
prohibits the Continuance of a Bufinefs it deems nurtful to the Publick, yet this
Deciiion may be a Government for Difputes, in other Piuts where it ispfe^initted,
or in cafe the aforefaid A& fhould ever be repealed.
The Plaintiffs being Merchants, refiding at Gibraltar, and one of them com- Cry., and
ing to London, to purchafc Goods fit for that Place, bought to near the Value of j^'j^'g*
3000/. and in order to forward them to the aforefaid Placfe, ht took Freight on at the siifiogr
the Ship Ranger, Capt. Ttylor, which he faw put up (as accuftomary) at the ^^J'"*"-
Reyal-Exciange and P(?r/i(e«/ Coffee- Houfc, with a Declaration inferted lathe faid <.•"/"*"/.
Advertifement, th, the Ship ivas to fail with tbefirfi Ccnvy, and in Confequence
thereof, he fhipped his Merchandize, and made Infurance thereon, to the
4 B Amount
.■?.;>
iW; ■ ■ ■ :■
ay*
;■;• I'tii.i'fiif!',.-
i
Is,
•i
HnuiU •
GutUhmll,
the Sittings
after £<»/?»r
Term, 1746.
Of INSU R AK CES.
Amount of aSjo/. inrcrting in the Policy the Words {^warranted to depart with
Cuiwy) in conformity with Uie abovementioncil FUcart of the Captain.
The ^ip when loaded, failed from Grave/tmi the 4th of Afm, 1746, on ber
VoyagCt and arrived in the Dowm the 7th, where flie continued till the lath^in
Company with the Otttr Sloop of War, ibme Engljfii Merchant Ships, andthMc
Dutch Eaft-lndia Ships.
Capt. Taylor, whilft he lay in the Dowm, having received Intelllgeaee that
the Convoy at Spitbuui was readv to fail, went on board the Otter Sloop, in
order to follicit the Commandcr^s taking him under his ProtedUon to Spitbeai,
but this the faid Gentleman informed him, was not in his Power to comply
with, as he was ordered on a Cruize, over to the Cooft of France, whereupon
Capt. Taylor went on board the Commodore of the Dutch Eaft-'lHdia Ships, who
promifed to take the Ranger under Convoy to Spithead.
On the faid i2th of Mm, the Otter Sloop, the DM/r/&, and the /;(7ff|r#r weighed
Anchor, as did alfo fome Engli/h Ships for the Benefit of that Convoy, and a
few Hours after they were under fail, the Otter Sloop parted from them on her
Cruize, and the ii«»jw proceeded and kept Company with the three Dutch
Ships, till h<>twftcn fmir and five o'clock the next Afternoon, (being the i jth)
when (in her direct Courfe to Spithead) (he was attacked by a French Privatoe^,
called the Refource, within three Miles of the Dutch Eaji-India Men, And elgktocti
of Spithead, where (he was to join the Convoy far Gibraltar, and (after fomeJle-
fiflance) fhe was taken, and carried into Havre de Grace, and there regularly
' condemned.
The Plaintiff, on the aforefaid Capture, applied to the ref^>eiflive Under-
writers, (and among them to the Defendant) requiring Satisfadtion for his Loft>«
but th«y abfblnteljr refiifed paying any Thing, infiAing that the Ship had not
failed according to the Terms of the Policy, viz. at ana from London to Gibraltar,
vforranttdto depart i»itb Convey, butas fhe departed without Convoy (which fhe
ought not to have done) and was taken in Confequence thereof, the Infurers are
not held to fausfy a Lofs, which they never obliged themfclves to be anfwcrable
for; that the Ship ought to have ftaid till a Convoy offered, and not gone to
feek one at fuch a DiAance, as evidently expofed her to be taken in getting
thither.
On the contrary, the Plaintiff pleaded, that they had complied with the
Tenour of the Policy, that the Defendant miicoiiccived the natural Conilrudion
of the Words, viarranted to depart with Convoy, as they did not imply, that the
'Ship ought to have departed with Convoy fromi the Port oi London, as the Ren-
dezvous for Ships, bound to Gibraltar aiid the Strcigbt:, is generally at Spithead,
where they join the Convoy ; and although there may pofHbly be an Infliince or
two of a Convoy, failing from the Nore and the Downs to Giir,atar, yet this is
an uncommon accidental Thing, and was not to have been expedited on. this
Occafion; on the contrary, it was then known, that the Convoy for thofe Parts
was to be at Spithead, and many Ships went there from London to take the Benefit
of it, fo that the Warrantry could only be uiidcrflood from Spithead, as it was
from the Convoy there, the Captain was to take his failing Orders ; befides, as
it was unfafe to lie in the Downs without a Man of War, the Plaintiff conceives
the Ranger would have run a much greater Rifque, in continuiv.g there after the
Otter i Departure, than fhe did in fading with her and the Dutch Ships, though
they were no regular Convoy ; and the Plaintiff paid the fame Premium for hi:i
Infurance, as was g^ven on fisveral Ships at the fame Time, with a Warrantry to
depart from any Port of the Channel; and it was the Opinion of fevcral Merchants,
that Ships failing with Convoy, are to make the beflof their Way to the Convoy,
and not to Aay kx any intermediate one.
The Jury found a VerdiStfor the Plaintiff.
The Plaintiff having underwrote the William and Anne, Capt. Stracban, at and
from Virginia or Maryland, to London, had a Mind to rciniure himfelf, and
accordingly ordered Mr. Alexander Hojkins, a Broker, to get it done, who iiaviog
complied with the CommifTion, certified on the Policy, that the intefefl wa<in
the Plaintiff.
The
tiff-
The
0/ I N S U R A N C E S. 279
The Infurance was made, Ltttrttt cr nt In- tji, free of Average, nnd without
Benefit of Salvage, but under the Policy was tni« Claufc i in cajc of Retain, the
Afurers f ttnu Btn^t ^' Salvage, and fay Avtragt, the fame at if wrote on
Intereji.
The Ship failed from Virgima on her Voyage to London, and being about two
hundred and fifteen Leagues to the Wcdwurd of Cape Clear, after a Voyage of
three Weeks, (he was taken by two French Privateers, and carried into a Place in
Neviftundlatidt called by that Nation Cape de Grate, and coinnionly occupied by
,them in the FiOiing Seafon, where fhc continued in the Enemy's Poflefluin and
Power, forty-one Days ; during which Time, the Enemy took out of her a great
Part of her Cargo, and after fo rifling her, and in their Way condemning her,
the Captain agreed to ranfom her with what remained of her Loading, and the
Ranfom-Bill being figned, and his Mate left as an Hoftagc, they permitted him
to purfue his Voyage to London, where he afterwards arrived.
coon after the Ship's Arrival, tiic Merchants who were concerned in the
Cargo, and had been infured, applied to their Underwriters for Satisfadtion, when
moft of them fettled the Average for what was pillaged, at fifty per Cent, one at
forty, and the preTent Plaintin paid his Quota thereon, and afterwards applied
to the Defendant, who had reinfured him, to fettle his Policy, and it was agreed
between them* that it Oiould be on the fame Footing, as the major Part of the
aforefaid Underwriters on Intereft had done, which the Broker (in this Infurance)
underftiinding was done at fifty per Cent, ho endorfed on the Back of the Pplicy
thefe Words, A^ufied this Lofs at fifty Pounds per Cent, to pay in one Month,
London, 12 December, 1745, and ligncd by the Defendant.
Dani(lFltxney.
though at the Time the Defendant figned the above-mentioned Note, he told
the Plaintiff, that fome of the Underwriters, on the original Policies, had paid
an Average only of forty per Cent, and therefore he would pay no more, and at
the fame Time with his Pen drew a Line through the Word fifty, and above it
wrote forty, which occafioncd fome Difputc between them, but the Indorfement
fo figned by the Defendant remained uncancelled.
The Defendant afterwards refufed making any Satisfaction, under a Sup-
pofition of his having no Obligation thereto, for which his principal Reafons
were, viz.
I ft. That althou^ he had fisned fuch an Adjuilment at (otty per Cent, yet
, he ia not.bbund by it, becauiethe Plaintiff obje^cd to it at the Time of Sign-
ing, and infifted on .fifty.
2d]y, That although the Ship was in the Enemy's Poflfeflion, and carried into
Ct^tae Grate, yet as fhe afterwards proceeded on the fame Voyage, and arrived
fafe in London, therefore there cquld be no Lofs, fo as to recover under a Policy
bter eft 6r no, Intereft.
To the find of which ObieAigns, the Plaintiflf admits that he did find Fault
. with the Defendant for ftriking out the Word fifty, and inferting for^, yet as
. the Defendant did not then think proper to cancel the faid Adjuftment, but per-
mitted it to remain on the Back of the Policy, the Plaintiff apprehended he had
a Right to recover under the faid Adjuftment.
As to the Defendant's fecond Objection, the Plaintifif* fuppofes, that as the
Ship was carried in by the Enemy to Cape de Grate, and detamed till ranfomed,
that this will amount to a total Diveftiture or Alteration of the Property, and be
deemed fuch a Lofs as will entitle him to recover, this Cafe feeming to be of a
quite different Nature from a Recapture before the Ship is carried into an Enemy's
Port.
VcrdUtfor the Plaintif.
The Plaintiff haying caufcd himfplf to be infured 50/. Intereft or no Intereft, Barclay a
free of Average, and without Benefit of Salvage, on the Projperous Efther, Captain Btbinngtar.
Miltt, from and. immediately following hei; laflArriyal at Maryland or Virginia, j'^^^^].^^^^
and to continue till her Arrival it, London; and not caring to appear in it, he 1747. at
direAed his Broker,., Mr. Jjar/, to get the Policy made in his Name, which v|{is c*'^""-
accordingly
'Mil.
. 1
i^'isi
rMi
1 •mm
t 'r-
' !.:'.'>■■
,-1- ,.' -.ill,";-
■ \n
■".i-v^ .^^;v--i!
• ■■'V. y\ ■■■.'■"
, I' Jm •
M.:^
ago 0/ I N S U k A N C E S.
accordingly done, and as (he was deemed a mifling Ship, the Premium wai artcr
the Rate of fixtv Guineas per Cent.
The Ship failed on her Voyage froni Firtinia, and in fbrtv Days afier wai
taken by a French Privateer, about a hundred Leagues to the Weftward of the
Land's End, and was detained by the Enemy ttiL Days at Sea, and then both Ship
and Cargo ranfomed for 3500/. but Captain Mih, inftead of <:omiAg dire^iy to
London, where he was bound, on pretence of bad Weather, pot Into tffrtcm^
in Devon^ire, from whence he wrote to hit Owner, Mr. Dick of lanJon 1 but
the faid Gentleman's Affairs being then unhappily fituated, and having, prior to
his Misfortunes, dHigned the Ship and two Policies df InfUraflce thereon to Mr.
Alexander Black, who apprehending by what Captain Mitn wrote, that the Ship
and Cargo was much damaged fince the Capture, and therefore that the Valdo
might ful fhort of a fufficicncy to pay the Ranfom Bill, and incident Charges,
he rather chofe to toine upon the Inlurers for his Money, than to have the
trouble of taking the Ship and Carto under his Care, arid therefore abttndoneJ
tho whole to Captain Mitn, to enable him to pay the Ranfom Bill.
And thereupon Meflf. Simondi of London, Merchants, Agents for the Capton,
ordered Captain Miln to carry the Ship and Cargo to Briftol, there tb be dilpofed
of, inftcad of bringing her to Ldiiivn. which was accordingly donet and after
paylnz the Captain and Sailors their Wage^, amounting to upwards of 300/. the
neat Proceeds fell (hort of the Ranforti BiH, owing to ue Damage flie received
in her Voyage after the Capture.
The Defendant fuppofes this was a Gaming Policy^ though the Plaintiff
infifts upon its being a Reinfurance i and havine applied to the Defendant, after
Underwriting, for his Confent to have it declared fo, he abfblutely refufed to
admit it.
The Plaintiff feemed to lay a good deal of Strefs on i fiippofed Indifcretion hi
the Captain, by paying more for th^ Ship and Cargo than they were worth ; but
had they efcaped the Damages fubfequent to the Ranfom, they would undoubtedly
have fold for more than they coft freeing, and riever have been abandoned by the
Owners.
The Plaintiff likcwi/c infifls, that the Ship failed from P^P-nnta^ but nev«r
arrived at London, according to the Terms of tne Policy, and therefore the In-
furance was due) but the Defendant, in Reply, pretends, that the Ship's put-
ting into Ilfracomb was a Deviation, and confequently not within the Rifque of
the Poticy $ and befides, he thinks this is not be confidered as a total Lofs, in
the Cafe oilnterefi or no Interejl, as it is a mttt Wager, whether the Ship arrives,
or not) the Ship did arrive in England, and is now in being, and.tniswasa
]lanfom at Sea, only for the Benefit of the Concerned, but the Defendant could
reap no advantage by it, whether it was prudently done or not i snd it might
occafionally have been more for his Intereft, if the Ship had continued at Sea in
the Enemy's PoffefHon, as there was a Chance of her being retaken, before fhe
had been carried Infra Prendia, and if fhe had, and arrived fare, there would have
been no Lofs within the Terms of the Policy; asheprefumes there is no room to
claim a Lofs in Cafes of a Recapture. Several Merchants, Infurefs, «nA Brokers,
being of Opinion that on a Policy Intereji or no Interejl, a Capture at Sea is never
confidered as a total Lofs, unlefs the Prize is afterwards carried into the Enemy's
Port, and that the Abandoning the Ship and Cargo by the Owners, after her
Arrival, will not a}tcr Ae Cafe.
T:be 'Jury found a Vef-diUfor the Plaintiff.
DuAtf s The Broomfield WAS infured, at, and from the Leeward IJlands to Briftel, Intereji
XiaJ, siRidgt or no Intereji, J'ree of Average, Lofs, and without Benefit of Salvage, and among
^t'^"^\o. o'^^'f Underwriters, the Defendant fubfcribed j the Ship in her Paffage Home
•I GtiuM/, was taken by a Spaniard, who took out four of her Men and the Captain, and
fut nine of his Men aboard, and ordered them to cafry faer to Bilioa, for which
lace her Courfe was diredted ; and on her Voyage there, and after having been
in PofTcffion of the Enemy thirty-nine Hours, fhe was retaken by the Terrible
Privateer belonging to Liverpoole, and carried into Waterford, from whence fbme
-#ropofals were made to the Owners of the Tcrriile, in order to her Releafe, and
Permiffion
! •,>•
ntlff.
0/ i K S U R A N C E ^. a8«.
Pcrinifiiun to profecute her intended Voyage to Brijioh but not hcin^ agteed (o,
(he was brought to Liwrp«oJe, k ter a Commiflion of Apprairemcnt had
iflued out of the Admiralty, (he anu .. . ^rgo wu fuldt to pay the Salvage due
to the Rccaptort, a^ by A€t of Parliamc t.
One of her quondam Owners now bought the Whole, and aAcrwardi parcel-
led her out among feveral Gentlemen at Brijhl (who bcuame Copartners with
him) to which Place Hic was ordereil, ami where (lie arrived i though as the
Plaintiff fuppofes, this could not be nn Arrival agreeable to, or within the Intent
and Meaning of the Policy in QucAion, under the CircumAaoccs above ftated,
viz. of her Capture, Recapture, Appruii'emcnt, and Sale, and with an entire new
Set of Owners, he thinks he is entitled to a total Lofs.
The Defendant, on the contrary, urges that this was no niore than a bare Cap-
ture and Recapture, which he fays has never been deemed a total Lofs ; in Reply
to which, the Plaintiff affirms, that this was Hill more, for the Ship after being
retaken, was carried into H^atcrforH by the Privateer, kept fome confideable
Time there, afterwards was carried info IJverpoole. and there (as abovementioned)
with the Cargo, appraifed and ibid to pay the Salvage, and a new Set of Ownc.-s
engaged before (he fet out for Brifiol, by which the whole Voyage was altered
and loll.
And to juftifV this Plea, he quoted my Lohl Chief juftice Ltt't SentimentSi
when he gave Judgment in the Cafe of tiic Salamandtr, viz.
'* We muft not judge this Caufe by the Rules of the Civil Luno, bat we mull
" judge it by ihc Rules of the Commm Law, and determine on this Policy as an
« Agreement and Contradl between the Parties, whofe Intention and Meaning,
<< when they enter into it, mud govern s and although in die Civii Law, to
" make a Forfeiture of an Infurancc there muft be a total Loft of Property, that
•• is not a Reafon why it (hould be required in this Cafe, becaufe here the Policy
" by the Words of it extends to Accident, where there may be no Lofs of Pro-
" pcrty, as taking by Pirates, Enemies, Men of War, Wr. And this his Lord-
" fliip declared, was taken Notice of by Lord King, in the Cafe of De Paiia and
" Ludlov), where there was no Alteration of Property by that Capture, as Swcdtn
" was not at War with England, and yet that was deemed a total Lofs ; but in
" the prefcnt Cafe, here was a Capture by an Enemy j and his Lorddiip farther
«• faid, that the Queilion on the Salamander, was not, whether the Property of
'< the Privateer was loll by this Capture, but whether the Capture was fucn a
" Peril, as is infured asainfl ? The Judges were unanimoufly of that Opiiuon«
" and Judgment was given fur the Plaintiff.
«• yerdiSi for the Defendant."
This Adion was (irought by the Plaintiff againfl the Defendant, on a Policy % ^pf>J<i'
bflnfurance, which the latter underwrote fo long ago as in iVbv^/n^rr, 1743, on ^ter^irli-i?/.
the Ship George arid Henry, Captain Bower, at and from Jamaica to Lendon,Ttim, tj^e.
Inter eji or no Intereji,free of Average, and without Benefit of Sahage to the Infurers, uGml^u.
with a Warrantry annexed to the Policy, viz. Warranted the faid Ship to fail
from Jamaica, with the Fleet that came out under Convoy of tie Ludlow-CuUe
Man {/ ff^ar.
The faid Ship did fail accordingly with the Fleet i<nder the afo^rtfaid Convoyt
but in a great Storm that happened fome Time after their Sailing, wherein many
Ships were loft, the George and Henry received fo much Damage as obliged her to'
bear away for Charles Town in South Carolina, where fhe put in, and upon
Examination, was found quite unfit to put to Sea again ; whereupon her Cargo
was taken out, and loaded aboard other Ships for London, and fhe condemned and
broke up.
In Confequence of tvhich, the Plaintiff demanded his Infarance, aftd all the
Underwriters being fatisficd of the Truth of the aforementioned Fadls, paid
their Lofs, except the Defendant, who went fb far as to fettle it, and according
tu Cuflom, underwrote the Policy in the following Words and Figures.
Adjujled the Lift on this Policy, at ninety-eight Pounds per Cent, which I do agret
to pay one Month after Date, London, 5 July, 1745.
Htnry GouUney.
4 C Whcrt
■\k
V'M
a8a 0/ I N S U R A N C E S.
When, this Note became due, he thought himfelf no way bound by it, but
infilled on fidler Proof j particularly of the Ship's failing under Convoy, as war--
ranted, and of her Condemnation at Carolina j but it having been always th<j
Cuftom, that after fuch Adjuftmcnts as above, with Promife of Payment at a
certain Day, are made between the Infured and Infurer, no farther Evidence is
ever required, but the Lofs conftanily paid; aim it was upon this Account^
that
*r6e "yuryfouiiia VerMafir the Plaintiff.
And my Lord Chief Juftice, conudering it as a Note of Hand, declared that
the PlaintiiFhad no Occailoii to enter aito the Proof of the Lofs.
AnMtGt. The 'tyger. Captain Harrifon, being bound from London to Gibraltcr, the
iSer rlJb'* Plaintiff got an Infurancc! made on her, Intereft or no Intcreft, free of Average,
Tma"\jt,. and without Rtnefit of Salvage to the Infurersj and at the Foot of the Policy
u GuUbdl there was a Wairantry, that the Ship Jhould depart with Convey from fame Port in
the ChanncK
The faid Ship proceeded on her Voyage, as far as the Downs, and failed
from thence under Convoy, as warranted -, but foon after her Departure fhc
received a very confiderable Damage, which oblitcd her to return to Diver Pier
to refit ; and after the neceflTary Affairs were finiSied, (lie failed again, in Pro-
fecutior of her Voyage, and for her Security therein, to join the Con\'oy at
Spitbeadi but having got as far as the ^ of Wight, (he proved fo leaky as obliged
her to a fecond Return, and fle once more arrived at Dover, tc fearch foi'her
Leaks.
Her Owners, on this, thought it advifeable to have her lurveyed by Men of
Skill and Judgment; and thereupon two Ship Carpenters, and two Mailers of
Ships, having examined her, declared, that they had furveyed both Sides from
Stem to Stern above the Wales, and the Tranfom, after the Planks were ripped
off, and found thn Timbers to be very rotten, and in fo bad a Condition, that
except all her upper Works were pulled down and new built, they did not judge
her in a fit Condition to proceed on her intended Voyage; and that if fhe was lb
repaired, the Charges would come to more than (he would be worth, with all
belonging to her.
The Plaintiff infifts that Hie was a very good Ship when ihe fet out on her
Voyage, and fhe was only rendered otherwife by the bad Weather fhe had met
with, which at laft not only rendered her unfit f'>r her Voyage, but occafioned her
proving a total Lofs to her Owners ; that flie would have weathered the Storm, in
all Probability, imhurt, had not the Swift Privateer drove foul of her ; that when
her firft Hurt was repaired, the Builder fuppofed her ftronger than before the
Storm i though when fhe was laid open, her Tranfom (as beforementioned)
and moft of her long Timbers were found rotten, fo that notwithllanding it is
poffible flie might have performed her Voyage, yrt had her Defects been known,
no body would have cared to venture in her.
Mr. Burton, who fitted her out in the Thames, declares (he was in very good
Condition, and nt for any Voyage ; though he did not examine her Timbers, but
only caulked her, and mended her Outfide and Floor Timbers j but it is na iral
to fuppofe, that if her Timbers were found in Goober, (when thefe Repairs were
done) they coUld not have been rotit^r. in y.-nuary, when (he received her
Damage.
And the Defendant grounds his Reafons for iiot paying the fa'"^ Infurance, fird,
on that Part of the Pohcy's Contents, which afl'erts the Ship to be Tight, Staunch,
and Strong, and (barring future Accidents) able to go through the Voyage;
whereas he fuppofes this Veffel not to have been fo, as he tiiinks is clear, from
the preceding Aifidavit, and from the verbal Evidence of one of the Surveyors j
to Wiiich he adds, in order to make the Proof of her Defeds the ftronger, that
on her firft fetting out (he belonged to two fews, who on her Return to Dover
Pier the firft Time, fold her to Mr Richard Glover, a confiderable Merchant of
this City, who ordered her to be repaired, and aduailj^ laid out upon her 150/. '
though, as it appears, was in a Manner thrown away, as on her (econd Return
(he was condemned, broke up, and (old in Parcels ; anH her iitcstpacity to proceed
on
?ood
s, but
iral
1 were
Of INSURANCES.
on her Voyage having been (o apparent, from the foregoing Survey, as to induce
Mr. GImer to defire the Shippers to take their Goods out, and though he had
got 300/. infured on her, he Teemed io fenfih'.e "*" the deceitful Bargain with the
jews, in (clling him an old rotten Ship, that he nevei demanded one Farthing
of the faid Ihfurance from the Undf-iAvriters.
That the PLiintiff* had no Inter.*ft in the Veflel, and therefore this was only a
Caming Policy j and as it is i general Rnle in all Cafes o5 Intertjl or no Interejl,
that there muu be ,1 total Lofs bcfcre the Ip^Ured can reco\er, and the Infurer by
this Policy being free from Averag*, or a partial Lofs, it f-cms to be the prin-
cipal Queuion in this Cafe, whether the Ship brought into Dover Pier, there
condemned as being rotttn, divided into Lots and fold, will be confidered in the
Agreement or Wager, as a tot^u Lofs ? And to enforce the contrary, the Dcfen*
dant remarks, that there was no Lofs at Sea, no Capture, but a Orliberate Adl
done by the Owner, upon a regular Survey, which occafioned her toeing broke
Up, not by reafbn of the Damage fhe had received, but from the- Rottcnnrfs of
the principal Parts of her Works.
VerdiStfor the Plaintiff.
The PlaintiiTs having received Orders from Mr. John Jones, of hojion in l4e^v-
England, to make fome Infurance for him on the Reprifal, Capt. Gowen, and alfo
on her Goods and Freight, at arid from Cape Fare, in North Carolina, to Brijlol;
underneath the Policy for the Ship only, was inferted the fubfequent Words or
Declaration, viz. The following Infurance is on the Ship Only, valued at the Sum
infured, on which Part the Defendant underwrote 100/.
The Ship failed from Cape Fare, with a Cafgo of Pitch, Tar, Gff. in Pro-
fecution of hei" Voyage for Brijlol, and had got within one hundred and fifty
Leagues to the Weftward of Cape Clear in Ireland, when fhe was attacked and
taken by three French Ships, bound for Newfoundland, where they carried her
and her Cargo to a French Pott, Called Carpoon, after having firft taken out all
her Mei^, and difperfed them aboard their own Ships.
On their Arrival at the aforefaid Port, the Captors took out all her Pitch,
(being two hundred and three Bafrels) fome Tar, what Rice was aboard, &r.
and sifter dctdning her about three or fouf Weeks in the faid Port, the Captors
offered Capt. Gowen his Ship, and remaining Cargo, fot 9500 Livres (about
425/. Sterling) which he accepted, and became the Purchafer thereof on thofe
Terms, leaving his Son as an Hoflage for the Payment of the Ranfom.
The Ship departed from Carpoon for Brijlol, and on her Voyage met with very
bad Weather, which broke her Rudder, and was forced to put into Appledort in
toevdnjhire (the firft Port they could make, with Safety) where the Captain, firft
and fecond Mates, Boatfwain, and a Foremaftman, made a Proteft on theit
Oaths, giving fhch sin Account as the preceding.
The Captain having purchafed the Ship and Cargo, as beforementioned, on
hib Arrival at Appledore, applied to Mr. Perkins of Brijlol, to whom he was con-
figned by Jones, the Owner, who refufcd to pay the Ranfom Money, or have
any Thing to do with Ship or Cargo, and then the Captain came to London to
the Infurers ; and thofe on the Goods, impowered and dcfired him to fell the
Cargo for what he could, in order, that if it produced more than the Ranfom,
they might have the Benefit ; but the Infurers on the Ship would not intermeddle,
or give any Directions about it.
The Captain returned to the Ship, and fold that and the Cargo ointly, for
above 100/. lefs than the Redemption Money, after deducting Charge^:, and he
has been obliged to pay, or give Security for the Remainder to procure his Son's
Liberty.
The Ship being thus taken and carried into an Enemy's Port, where fhe was
detained a confiderable Time, and hid great Part of her Cargo taken out by the
Captors, and afterwards meeting with other Misfortunes, which occafioned her
producing lefs chan the Ranfom Money, and confcquent'y to prove a total Lofs,
to be made good by the Infurer.
The preceding is a State of the Cafe, and of the Plaintiffs Demands, who
think tnemfelves entitled to a total Lofs, as the Policy was valued; but the
a ' Defendant
283
lamthi Caf.
Vlalli Jiiat,
CtUyir^ jun.
Sittings after
Htl. lerm,
174!, «
GuiUiall.
f:
liijii'
■^.■K:
284
ymUm a
A'uitnzif,
Siitingi after
Micl/. Term,
1749. »t
GuiUhail.
\h
r>'*
.- '
> >
itr
K^' "
0/ I K S U R A N d E S.
Dcfendtnt on the con* , pretpnd?, that as Part, both of the Ship and' CiioAg
were faved, he is entitled to an Average, and nOt Cuhje6t to an entire Ldfs }
but '
Tie Juryfcunda Verdicifor the Plaint^Jt:
The Plaintiff made an Infurance in London, on the Tryal Privateer, fiittied 6ul,
at BriftoKot two Calendar Months, where the Ship might then be on a Cruize*
or in any Por^ or place whatfoever or whercfoever, the faid Ship to be valued af
Intereji or no Intereft, free of Average and -wit bout Beneft of Salvage.
The faid Privateer being fitted for her Cruize, failed from Brtftol on the agfih'
di May, 1746, and fome Days after Hie was met by a Frencb T'Tivitecr of »'
fuperior Force, who attacked, and, after a braye Defence, took her.
She had been in the Enemy's Hands about eight Hours, without' their f^ino^r*'
ing any of her Men or Stores, when Admiral Martin, with his whole Fleet»
appearing, retook the Tryal; and hearing of the gallant Behiaviour, both of the
Captain and his Crew, they unanimoufly agreed to give up their Salvage to them,
and accordingly drew up and figned an Inftrument for that Purpofe j and the
Admiral ordered her to be furniflied with all Neceffaries, and fent a Man of
War Sloop to fee her fafe into Briftol, where file arrived the latter End of ftinet
being between three and four Weeks before the Infurance expired.
Tlkefc Circumftances the Plaintiff thinks, entitles him to a total Lofs, ais th<('
Voyage was overfet, and the Policy being on Intereji or not, will admit of no
Average.
The Defendant agrees to the laft Affertion, but for that very Reafon ihfifts, '
he has no Lofs to pay, as he is free from a partial one,, and there can be no total
ope where the Ship u arrived, and as he inufts, miight have been fitted out agaia
before the limited Term of tLe two Months expired, had the Owners not deter-
mined the contrary; and befides, though the Ship was taken, yet as flie was
never carried Infra Prafdia of the Enemy, or was fo taken as to be beyond a
Poffibility of a Re-capture j and having returned to Brijlol, fo long Time before
the two Months expired, as w^as fufHcient to refit her in, the Defendant fuppofes
that the Negledi of the Owners, ought not to be imputed to the Underwriters,
more efpecially as feveral Ship-Buflders attended to prove there was Time
enough, as feveral Mbrchants did to give their Opinion with Regard to ths
Lofs.
P'erdiSifor the Plaintiff.
Styif-Mr a The Plaintiff was Owner of the 6hip Love and Unity, which he let out to
mi'mer, Freight to one Bateman Humpbryi, for a Voyage to hifbon and back again, and(
H")"^r*r'm '' ^'^ Freighter was by Charterparty obliged to vidtual and man her, which he did
accordingly, putting in the Mafler and Crew, and embarking himfelf, proceeded
on his Voyage, and arrived fafe at Lifbon; he delivered the outward-bound
Cargo, and put the Ship up for London, in hopes of getting a Freight home;
JR. Advice of which, the Owner and Plaintiff got her infured, at and from Lifboa
to Gravefend, warranted to fail with the Convoy.
The Freighter being at Lijbon, meditated a Fraud, which iniquitous Scheme
he perpetrated in the following Manner, viz. he made up Rolls of Lead about
the Size of Moidores, Six ana Thirties, and Three Pound Twelves, p&cked up,
and fealed as fuch Monies arc ufually pp/rked up and fealed, and made Packages
likewifc in Imitation of thofe of Diamonds, and then fent them on boar&, and
took Bills of Loading from the Captdn, as for real Money and Diamonds, fent
thofe Bills of Loading home to different Merchants, and drew confiderable Sums
upon the Credit of them, as well as large Infurance, in order, as it is fuppofed,
to have lofl the Ship in the Voyage home, and make the Infurers pay, as though
fuch Effefts had a^ually been on board; but tlie Captain, as it is imagined,
fufpedting fometliingof the Fraud before the Ship failed, opened one or more of the
Packages, and difcovered the Cheat, finding nothing but Lead and Glafs, inftead
of Gold and Diamonds, of which, he giving Information to the Engliji) Conful
tliere, the Freighter ran away, and the Captain !jnd Crew left the Ship, the
Captain coming to EiighnJ.
The
Hill. Term,
1747, at
VuUtall,
n ;
If'
ichemti
about
^ed up,
Lckages
Iq, and
Is, fent
|e Sums
Kofed»
ough
igined,
of the
I inftead
Conful
|ip, the
The
0/ I N S U R A N C E S. 2.85
The FlaintiiFon knowine what had occurred, by the Mailer's Arrival, im-
mediately applied to the Inuirers, and defired them to fend to Lt^on for the
Ship, or furnifli him with Money to go and fetch hcrj but they were of Opinion,
and accordingly acquainted him fo, that as the Ship was at the Port (he was
infured from, and had not proceeded on her Voyage, it was the Bufinefs of the
Ownef, not tlie Infurers, to find Maftcr and Mariners to navigate her; the
ConJfequence of which was, that the Ship lay there negledted till flie was broke
to Pieces, whereupon the Plaintiff brought this Adlion for the Recovery of a
total Lofs.
The Defendant thinks himfelf not obliged, as he prcfumes the Words in the
Policy, 4ft and from, can only mean to give the Ship leave to ftay ^t the Port a
reafonable Time to procure a Lading, and take it in, and not to lay there till (he
rots, without attempting the Voyage, as this would be to make the Infurer at
all Events liable, fooner or later, whereas he fuppofed he undertook a Rifque of
two or three Months only.
But I prefume, the Underwriters would be obliged by the Barretry of the
Mafter and Sailors, as I imagine the AA of Deferting the Ship would be con-
ftrued, and therefore, abftraded from all other Arguments, would on this Point
only be condemned.
Verdi^for the Plaintiffs
The Plaintiff in the prefent Cafe brought an AAion againft the Defendant, for £/"« a Bng.
an Infurance this latter underwrote on the Mediterranean, at and from Brifio/ to ^'^^^^HJ]^
Newfoundland, the Ship valued at the Sum infured, without further Proof of Term, 1746.
Intereil than the Policy. « GuiUbtll,
It appeared udqi. the Trial of this Caufe, that the Plaintiffs, who were Mer-
chants at Brijlol, were Owners of the Ship in Quedion, and had fent her out
upon a 'Voyage from thence to Newfoundland; that fhe carried with her a Letter
of Marque, and in her Voyage met and took a French Ship, which (he brought
back to Brijiol, that (he foon fet out again upon the fame Voyage, and took an-
other Prize, which (he alfo returned with.
Upon the Ship's coming back, the Plaintiffs applied to the Infurers for a
Return of Part 01 the Premium (which was ten Guineas per Cent.) in regard they
had jiot run fo much Rifque, as if t' e Ship had proceeded the whole Voyage, and
the Infurers returned thict fer Cent.
A new Policy was made for the Voyage now under Confideration, in the fame
Manner, and on the fame Terms as the laft, and the Ship fet out on her Voyage,
and took another Prize.— —The Captain, who :was the Plaintiff's only Witnefs,
faid, their Directions to him for die. preceding Voyages, were, that in cafe he
took any Tlung> to return with it to arijlol, or not, as he (hould think proper j
but in this lau Voyage their Directions were, if he took any Thing, to fend it
home by Part, of the Crew, and with the other Part to proceed on the Voyage,
and that he would have done fo, but the Sailors after the Capture would not
proceed on the Voyage, but would return to take care of her to Bri/lol; and that
all the Crew, except the Mate, Surgeon, and one other, were of this Mind,
and fwore if the Captain would not go back they would not touch a Rupe, nor
do the leaft Tiling towards navigating the Ship ; on vhich the Captain was
forced to comply, and fet his Ship homeward, as Guard o' Convoy to tne Prize ;
that in going back to Brifol the Mediterranean was taken, though the Prize got
in fafe, and for this Lofs the Plaintiffs brought their Action.
On the Part of the Defendant, it was infilled, that this was a Deviation for
the Benefit of the Allured, and that the Infurers were therefore difcharged.
It appeared on the Captain's Evidence, that ihe Plaintiffs had given a Part of
all Prizes to the Captain and Ship's Crew, and that it was for the Care and Pro-
tedion of this Prize, which made the Sailors infift to go back with her, which
was the firft Caufe and Ground for the Deviation, and therefore, and for that the
Plaintiffs were likewife themfelves to be greatly benefited by the Prize, the De-
fendant infiflcd he ihould not pay.
But it appearing from the Evidence of the Captain, that his Orders for this
Voyage were pofitively to proceed, notwithftanding any Capture he (hould make*
4.D and
rl-'^P
II I
^u
Fiffln'n a
Cittvt, Sil-
tinet artcr
Hill. Teim,
■74;. «
Gt/laaJ/.
\l.l
r'1
W'"
-li
15-.' 'i-'i •• . ■ !
le^
li:'
0/ INSURANCES.
AQji t)iax Jbe would have done ib, if he could have pcevailed on the Sa3ora, and
ihftt his Returning was wholly owing their HefuAl to proceed* and his Incapacilf'
%o go on without them.
My Lord Chief Juftice and die Jury, were of Opinioa with the Hainti^
and the iury brought in their Verdid accordin^y.
The Plaintiff is a Menchant in London, who trades confiderabty to Svudm, and
in 1744, he and another Merchant here, hired the Join and Jiitt Capt. Newark
btpram, to go to Getteniurgb, and there take in fudn Iron as Jhotdd be put aboard
by their Agents, and bring it to London, their DireAions to, and Aereenaent
with ithe Mafter, being to fail from hence with Convt^, and when u>aded at
Gottenburgb, to join the firft Convoy that fliould prefent, for Bneiand, either
there, or at M^erland, or Jf^ingoe ; on which Goods they made Iiuurance, and
warranted the Ship toikil with Convoy jfrom Gottmiurgb or Wmgoe.
The Ship arrived fafe at Gotttnburgb, and took in the ordered Qjuintity <^ Tron,
according to Agreement, and after having got on board the reft <rfner Cargo, the
Captain heing informed, that the Convoy from the Simnd, which was the, only
one he could txpc&, would call at Fhtktrj, (an Ifland) and not at GottetAwgbi
he departed from the latter, for the former, and the next Day put into Mtudo in
Norway, where he ftaid feven Days, and then a favourable Wind ofiering, he
left it, and in the Evening arrived at FUekery, where he lay upwards of diree
Weeks, when a Convoy, confifting of three Men of War, from the Sound,
arrived with near a hundred Sail of Merchantmen, at about nine o'Clock in the
Morning, before FUekery, and fent a Yawl in, and made Signals by firing Guns,
for the Ships to come out and join them.
Captain Ingram made all the Hafte he could to get his Ship out, which he did
one of the firft of tbe-fcurtaen that went out at dia Time, it bcine then between
eleven and twelve at Noon, and the Convoy, as near as he could guefs, about
two Leagues ahead j as fban as he got out, the Wind increafed and blew hard;
however, the Captain made all the Sail he could after the Convoy, and (bon fawr
ieveral Ships ahead, and about fix in the Evening came up with the Fleet, and
about nine was up with or near the Convoy, as he believes from the Lights, but
could not get to fpeak to hei- ; he continuiBd amongft the Fleet, and about two
or three o'Cloc|( in the Morning, the Gale of Wind became more violent 1 how-
ever, at Day-break, he found himfelf ftill with the Fleet, feveral Ships being
aftern, others ahead, and fome on each Side of him, but it being thick and rainy
Weather, aqd blowing very hard, he could not at any Time get an (X>portunity
tp fpeak to the Convoy for failing Orders, altho' he uicd his utmoft Endeavours
£ar that Purpofe from the Time he left Fhehery, but the Badnefs of the We-^ther
rendered it impofiible for a Boat to live in the Sea, or go from one Ship toanother;
however he proceeded, accompanying the other Vends in die Voyage, and the
iarae Day, between one and two o'Clock at Noon, a French Privateer, who ha4
lain to amongft the reft of the Fleets came up to him, and fired at him; upon
which he defended himfelf, and kept a runnmg Fight till Night, and the next
Morning the Privateer renewed and continued his Firing till between twelve and
one o'clock at Noon, when the Captain's Son being lulled, and the Carpenter
and a Boy wounded, and the Ship very leaky> and her Rigging and Mafts very
much damaged, with between niree and four Feet Water in the Hold, and
about forty Leagues from Flamborougb Head, the Captain ftruck to the Privateer,
who fent fome of his Men on board; but finding after two or three Hour's Stay,
ilie was extremely leaky, and that they could not keep her free by the Pumps
from an encrealing Water, they left her, and in all Probability (he funk foon
after ; and the Captain and all his Company, except his Son who was killed,
were carried aboard the Privateer, and kept there about twenty-four Hours, and
then he and his Crew, except the Carpenter and Boy which were wounded, were
put on board a Dutcb Fly-boat, where they remained fifteen Days, and were
then landed at the Texel.
From the preceding State of the Cafe, the PlamtiiF argues his Infurance is
due, as the Captain could not expcft Convoy but at FUekery, and made all pof-
fible Difpatch to get out to it, as foon ta he heard it was off that Place, as he
did all imaginable Diligence to join it, and procure failing Orders; but this
being
■>^p.i
■U < r
ance is
allpof-
as he
ut this
being
O/ I N S U R A N C E S. 287
htlng rendered impradtlcable by the great Swell that run, he ctmU orily ton*
tinue in the Meet, till a more ftvoimll^ ODportunityoflfeted for his obtaining
forfi Inftrodkions, «4)ich k is fnobaUe would l»ve eectttved had he not been
^feon tafcm.
The Defendant, in Reply, infifts that lie is not obliged for the Lok, as the
CenleMts of the l^eiicy have 'not been contpAied Mrith, the Ship being warranted
to fail from Gotteniurgb or >tFmgoe, wilfh 'Convoy, which flie did not ; and as fhe
went to Fletktty, (he flioald 'have Raid there tiH fome Convoy had offered, in
'Whofe Company flw might have departed, w^ich cannot be faid in the prefcnt
•Cafe J as here flie departed in order to get under Convoy, not with it j nay, it is
uncertain whether he ever faw it, as the Captain only fuppofes he did, from the
-Lights ; befides, here was only a Premium paid adeqoate to the Rifque of com-
ing with Convoy, for had the Policy been filled up, without Convoy, tJie De-
fendant would not have underwrote her oh the Terms lie did.
the Jury found a VerMfot the Plaintiff,
The Plaintiff caufed himfelf to be infured, on the Prince Fred&ich, from spmir »
Fers Cmz to London, Intereft or no Intereft, free of Average, and without f <■<""', "'td
Benefit of Salvage. .t^r'^'of
The Ship was afterwards leiaed, by Order df the Viceroy of JllfAr/rt, and the o.Wr^r.
Spaniards turned her into a Man of War, called her the iV, PbU^, and fcnt her as ]l/^:^°\
Commodore, with a Squadron of S/awj/J Men of War to the HavanM, they '"^"^" '
having firft taken out the SoutA Sea Company's Arms, and made fcveral Alter-
ations in her, and there was a War between England and Spain, and Giirdlfar
was actually befieged by the Spaniards.
The Defendants proved the Signing of Prtiliminary Articles of Peace, before
<he Seizure of the Ship, and therefore infifted, that this Seizure did not alter the
Property, and coniequently the Defendants were not liable, for if the Property
was not altered, this Infurance, made by the Plaintiff, who had no Intereft,
cannot bind, as nothing comes within the PoHcy but a total Lofs, and thoXigh
there be thofc general Words in the Policy, Re/irainf or Dtftainmcnt hy Princes,
Hardmck C. J. declared ; ift, that a War might begin without an aftiial Decla-
tation by Proclamation, as in this Cafe by laying Siege to Gibrakar, a Garrifon
Town J though there might be Depredations at Sea between Princes in Amity,
for which Letters of Marque, ^c. might be granted; idly, as a War may
begin by Hoftilities only, fo it may end by a Ceiution of Arms ; and thefe Pre-
liminary Articles being figned before the Seizure of the ^ip, and there being a
Ceffation of Arms, he thotK|ht the Ship being taken afterwards, hot to be a
Taking by Enemies, unlefs «ie Joiy took the Caption to begin from the Time
the Arms were feized, which was before the Articles, and niat was left to the
Jury ; 3dly, fuppofing the Ship not taken bv Enemies, Sht. whether this De-
tention for near the Space of a Year, was in thofe Sorts of Policies, liiz. Intereft
or no Intereft, a Detention within the Policy, or whether in foch I'olitltfs, th6
Infurers are ever liable, but in cafe of a total Lofs; and if k, tfiis Ship being
afterwards reftored, then he direded the Jury to find for the Defendant ; this he
faid depended on the Cuftom or Ufage among Merchants, and the Jury gave a
Ferdiil for the Defendant, but did not declare upon what Point ; but they muft
be of Opinion, flie was not feixed in Time of War, and that therefore the Policy
being Intereft or no Intereji, the Affurers were not liable, becaufe there was no
total Lofs.
In this Cafe, the Inftnrance was made by one Deforet fot the Plaintiff, antt
Dolores wrote his Name on the Policy, and before the Trial, it was filled up
with thefe Words, / made this fir the benefit of Spencer, and 110 Date, and it was
admitted the Adion was well brought by Cejlui que tn^.
I have at the beginning of this Chapter, merftioned the vaHoos BnMdhieS of In-
Akadcc engaged in by onr Underwriters, and (halt only fubioin to what I have
£ud aboot then*, the Copy of a Policy on Goods, ((hofe on ^p and Goods, of
Ship only, and diis again ekhier owwards or homewards, dr out and home, or to
one certain Port, only dUfering in tlie afore^ud Circumftances) and one on Lrvcs^
as thefe I hope wiM be thought fuflicient*
IN
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2SS 0/ I N S U R A N C E S.
YN the Name of God, Amen.
■^ as well as in his own Name, as for and in the Name and Names of all and
every other Pcrfon or Perfons to whom the fame doth, mav, or (hall appertain,
in Part or in all, doth make Afliirance, and caufeth himfelf and them, and every
of them, tobeinfured, loft or not loft,
upon any Kind of Goods and Merchandizes whatfoever, loaden or to
be loaden aboard the good Ship or Veftel, called the
whereof is Mafter, under God. for this prefent Vmse,
or whofoever elfe fliall go for Mauer in the faid Ship, or by
whatfoever other Name or Names the fame Ship, or the Matter thereof, is or
ihall be named or called ; beginning the Adventure upon the faid Goods and
Merchandizes, from, and immediately following the Loading thereof aboard the
faid Ship and fo ftiall con-
tinue and endure, until the faid Ship, with the faid. Go 'j and Merchandizes
whatfoever, fhall be arrived at
and the fame there fafely landed ; and it fliall be lawful for the laid Ship, in this-
Voyage, to ftop and ftay at any Ports or Places whatfoever
without Prejudice to this Infurance j the faid Goods and Merchandizes, by Agree-
ment, are and fliall be valued at
without further Account to be given by the Aflured for the fame. Touching the
Adventures and Perils which we the Aflurers are contented to bear, and do take
upon us in this Voyage ; they are of the Seas, Men of War, Fire, Enemies,
Pirates, Rovers, Tnieves. Jettizons, Letters of Mart and Counter Mart, Sur-
prifals. Takings at Sea, Arreft, Reftraints and Detainments of all Kings. Princes
and People, of what Nation, Condition, or QyaUtr foeverj Barretry of the
Mafter and Mariners, and of id! odier Perils/lxifles, and Misfortunes, that
have or fliall come to die Hurt, Detriment, or Damage of the faid Goods and
Merchandizes, or any Part thereof. And in cafe of any Lois or Misfortune, it
fliall be lawful to the Afliired, their FaAors, Servants and Afligns to fue, labour
and travel for, in and abovit the Defence, Safe-guard and Recovery of the faid
Goods and Merchandizes, "^r any Part thereof, without Prejudice to this In-
furance i to the Charges whereof we the Aflurers will contribute each one accord-
ing to the Rate and Qtuntity of 1: Sum herein alTured. And it is agreed by us
the Infurerd, that thisXVriung or jrolicy of Afliirance fliall be of as much Force
and Effect as the fureft Writing or Policy of Affurance heretofore made in Lem"
bard-Jirtet, or in the Reyal-Excbange, or elfewhere in London. And fb we the
Aflurers are contented, and do hereby promife and bind ourfelves, each one for
his own Part, our Heirs, Executors, and Goods, to the Aflured, their Executors,
Adminiftrators, and Afligns, for the true Performance of the Premifes, con-
fefling ourfelves paid the Confideration due unto us for this Afliurance by the
Aflured at and after the Rate of
^^ Crn/. And in Cafe of Lofs (which God forbid) the Afliireds to abate
Pounds per Cent.
In Witnefs whereof, we the Ajfurers bave fuhfcriied our Names and Sums ajfiartd
in London.
Life Policy, N". 1249.
By the Governor and Company of the London Afliiranoe of Houfes and Goodt
from Fire.
TN the Name of God, Amen. A. B. of London, doth make Afl!urance, and
■■• caufeth himfelf to be afllired upon his own natural Life, with leave to go and
refide in France, aged fifty Years, for and during the Term and Space of twelve
Calendar Months, to commence this 6th Day of April, in the Year of our Lord,
1 749. and fully to be compleat and ended j and it is declared, that this Aflurance
is made to, and for the Ufe. Benefit,, and fecurity of the faid A. B. his Execu-
tors, Adminiftrators, and Afligns. in cafe of the Death of the faid A. B. within
the Time aforcfaid. which the above Governor and Company do allow to be a
good andfufticicnt Ground, and Inducement for the making this Afliirance, and
do agree, that the Life of him the (aid A» B. is and ihall be rated and valued at
5 th«
, ^'
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Goods
0/ I N S U R A N C E S. 289
Hie Sum a/Tured, without my farther Account to be given to them for the fame j
l^efaid Governor and Company therefore, for and m Qmfideration of 7/. ^t.
ptr Cent, to then paid, do aflbre, aflume, and promife, that he, the faid A. B.
fliall, by the Permifllon of Almighty God, live and continiie in this nuural Life
tin and during the faid Term and Space of twelve Calendar Months, to com-
■aenoe as aforefaid } or in Default thereof, that is to iky, in cafe he, the faid
A. B. (hall, in, or during the faid Time, and before the full End and Expiration
thereof, ha4ipen to die, or deceafe out of this World, by any Ways or Means
whatfoevcr, that then the abovefaid Governor and Company, will well and truly
fioisfy, content and pay unto the faid A-. B. llh Executors, Adnunillrators or
AdHgns, the Sum or Sums of Money by them afTured, and here underwritten,
abating 2/. per Cent, hereby promifing and binding themfielves and their Suc-
cetfors, to the AlTured, his Executors, Adininiftrators, and AiTigns, for the true
Performance of the Premifes, confcHing themfelves paid the Confideration due
tmto them, for this Affurance, by the Amired. ProvUed always, and it is hereby
declared, to be the true Intent and M anine of this AfFurance, and this Policy is
accepted by the faid A. B. upon Condition that the fame ihall be utterly void and
of no EfFeA, in cafe the faid A. B* ihall exceed the Age of fifty Years, or ihall
^lantarily go to Sea, or into the Wars by Sea or Land, without Licence in Writ-
ing, firil nad or obtained for his fo doing, any Thing in thcfe Preibnts to the
contrary hereof in any wife notwithdanding. In Witnefs whereof, the' faid
Governor and Company have caufed their Common Seal to be hereunto affixed,
and the Sum or Sums by them affived, tD be here underwritten, at their Office
in London, this 6th Day of April, in the Twenty-fccond Year of the Reign of
our Sovereign Lord George the Second, by the Grace of God, oi Gnat-Britain,
France, and Ireland, King, Defender of the Faith, &r. Annoque Dom. 1749.
The faid Governor and Company are content with this Affurance for three
hundred Pounds^
By Order of the Court tf Dtrtdorj,
Jo. Sedgwick.
I have now complied Witli my Promife concerning Englijb Infurance, by recit-<
ing the Adls relaung to it, and giving a Detail of the principal Caies and Dif-
putcs that have happened therein ; and I ihould have been glad I could have
done it with that Regularity, (I mean in Point of Tinoe) my Wiihes and En-
deavours aimed at } but as the Affiilance afforded me herein was a Matter of
Favour, I could only exped the conferring it, when the Leifurc of thofe Gentle-
men, who generouily furni(hed me with the feveral different Minutes of the
beforementioned Trials, would permit ; but this not occurring, fo as to leave
Room for my placing them as they hap{>ened, I hope my Roiidcr will foreive
this fnxall Irregularity, as it was unavoidable, and t&ke the Trouble to place
thern right in his Reading { and in Confidence of this Indulgence, I ihall only
remark what feveral may be ignorant of, viz. diat an Infurer is never obliged for
more than ninety-eight ^^r Cent, except by anew ContraA or Commiifion to die
AiTured, he may occtnonally be brought into Charges which may exceed the
original Obligation } and proceed to fulf^ the Remainder of my Propofal, by
treating of the Infurances made in Franc* and Holland, as the only Countries
where any Thing coniiderable is tranfadted in this Species of fiufinefs, out of our
own, and ihall begin with the latter, as fuperior to the other in Point of Trade,
tlio' greatly its inferior in Grandeur and Power.
It is generally believed, and by many affirmed, that more InftVaiices are
made at AmflerJam xhtm with us, or indeed In any other Part of the World j
their extenfive Commerce by Sea, and the extraordinary Number of Veffels con-
tinually iailing from thence, naturally occafions many to follow the Practice of
Infuring ; but what has yet augmented this Bufinefs, and multiplied the Policies
of Infurance almoil to inlinity, has been that Honour and Integrity with which
their Underwriters were formerly chara£terized, as their Policies were then only
fubfcribed by Men of large Fortunes -, but v^hether grent LoiTes, or a Subfiding
of that Courage, before fo confpicuous in that fmall Number of the Rich, then
4 E confUtuting
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conftitatbig the body of Underwriters, (for Mr. Savary and Mr. RicarJCty, thev
did not exceed fifty or fixty) occaftoned their withdrawing from Bufinefs, I IhaU
not pretend to determine } but it is certain, their Number during the late War,
was greatly increafed, and their Chicaneries at lead equal to thofe of their
Neighbour* and Cotemporaries i and had they not admitted Buiinefs on worft
Terms than here, that is, at lower Premiums, there would not have been that
Recourft to their City, as the many Failures among tlie Inliircrs plainly demon-
ftrated they had changed their Set, and that many of lefs Credit and Fortune
were admitted to'fubfcribe, than the wealthy few abovcmentioncd.
The firft Ordinance in that City, which regulated the Policies of Infuranc^
was about the End of the fixteenth Century i it was originally digcAed into
thirty-fix Articles, but many of thefe have fince been reformed, new modelled,
or explained by twelve fubfequent Ordinances, of which the principal ones ate
thofe of the Years 1600, 1601, 1606, 1607, 1614, 1626, and 1688, and it is by
this laft, that the Policies of Infurance may be faid to remain fixed, tho' fome few
Alterations have been made fince.
But Monf. Jean Pierre Rkard, in hi; Book Le Negece iAmfttrdam, haviiw
given an Account of the Articles macle at the feversu Times abovementioned,
with his Remarks on themj I Ihall tranflate as much of them as I judge may be
worth my Reader's Regard, and in doing it (hall follow the Author's Method.
N'.I.
I ft Article, " Declares, all Contracts of Infurance null and void, which are
" made in this City contrary to Law, by any Stipulations, Conditions, or Words
•• they fhall contain."
Remark. This Article is not always ftridtly followed, for many Infurances are
made which are not exadly conformable to the Ordinance, and others diredly
contrary to it, as will be feen in the following Remarks ; but when this happens,
a Clauie fliould be inferted in the Policy, by which the Infurers exprefsly
renounce all the Laws, Ordinances, and Placarts, which are againll fuch an In-
furance j and in cafe of a Lofs, and that the Infurers will not fettle it amicably,
the Afiiired may cite them before the Sheriff's, or the Court of Holland, to bring
them to Reafon, and not before the Chamber of Afilirances, becaufe the Renun-
ciation made by the Infurers, includes an Exdufion from this Court, which caa
only determine in Conformity with the Ordinance.
2d Article, " Prohibits the making Infurance on Goods for more than ■/, of
« their clear Coft aboard, when it does not exceed 1 2000 Guilders, but permits
" the Surplus of that Sum to be infured, provided the Afiiured runs the Rifque
'< of the ■,!, of the 1 2000 Guilders."
Remark. This Article is very rarely obferved, and there is hardly any one
Policy which does not contain thefe Words, and the Ajfured may caufe bimfelff
be injured the lebole, ivitbout riffang the Tentb, we taking on us tbe entire Faint
even leitb tbe Premium included, and I do not fee what Occafion the Afiured has to
run a Rilk of the Tenth, as the Diff'erence of 1200 Guilders on an Infurance of
^o or 40000 is but trifling to the Underwriters ; however, notwithAanding it is
lo inferted in the Policy, that the whole is infured, yet if the Infurer difputes
Payment in cafe of a Lofs, and is cited before the Commiflioners, they will have
no Regard to this Claufe, but on finding that the Afiured has not run the Rifque
of the Tenth of the 12000 Guilders, they will make him run it, by obliging
him to return the Premium of what exceeds the Tenth, or by adding it to that
Part of the Lofs, which the AlTured ought to bear.
3d Article ordains, " That the Policies contain the Name of the Ship and of
" the Captain, that of the Places where (he is to load, and go to, under Penalty
<< of the Policy's beine void, if the Fault is in the Aflured ; but if it comes from
** the Broker he Ihall oe anfwerable for it."
Remark. It is very necefiary to obferve this Article, in all its Contents, very
nicely, becaufe, that befides that the Aflured have an Opening to deceive the
Infurers, by wilfully omitting the Name of Ship or Mafter in the Policy, many
Difputes may happen, and that the Underwriters may, by having already infured
a very
I. very
ire the
many
Infured
1 a very
Of INSURANCES.
a very large Sum on the fame Ship, be rendered Ccrupulous of t\%ratig Aich
Policies.
However, thete are Cafes, whert it Is imDoflibie to know U|x)ft what Veffel
there will be an Intereft, by reafon of the Diftance of the Place from whence*
Goods and EfFeAs are expedted i ds for Example, from Curacao, Surinam, Arch-
angelt or other remote Parts, from whence Effisdts, and the Advice of their
Loading, arc frequently received together ; and afi it would be very hard for a
Merchant who expedls EffcAs from thofe Parts, to find that he is uhable to get
himfelf infured, oiHy for Want of the Name of the Ship and Captain, it may he
remedied by inferting in the Policy, that the Infurancc is on Goods, to be loaded
hyjucb a one, on one of the firft Snips that fliall come from thence.
The Spaniards frequently get infured at Amfierdam, on any Veflel or Veflels,
which have loaded Goods at La Vera Cruz, or elfewhere^ in the Spanijh Wejl-^
Indies to their Addrefs i but there is found fuch Deceit in thefe Contradts, by the
Concerned fending falfe Declarations, that they had not received any Thing upon
any Ship of the Flota or Flotilla when they had, and returning the Premium, aj
has maae the greateft Part of the Infurers refolve not to Underwrite to thofe
Gentlemen, but on Condition to make no Returns, altho h the Aflured Hiould
have no Intereft in the Fleet.
4th Article ordains, <* That the thfurance on Goods fhall begin from the
" Moment they are brought on the Key, to be carried on board the Ship deftincd
<' to tranfport them, and Ihall endure till they are arrived at the Place of their
" Confignment, and are unloaded in Safety, and free from Damage."
Remark. There are fome who imagine they have no Right to be infured till the
Goods are loaded, and Bills of Loading figned ; and others, who receiving
Advice from abroad, of Freight being taken on a Ship and Captain named, believe
they ought not to infure, till they receive Advice of the Departure of the Ship, or
at leaft till they have got the Bill of Lading and Invoice, in which they greatly
err ; for befides that the Policy exprelTes, on Goods loadtn or to be loaden, thd
Article before mentioned feems to fuppofe the Infurancc made beforo the Em'
barking, but it is not to be imagined, that if the Merchandize has fuffered in
going on board, and is afterwards infured, that the Infurer is obliged to pay the
Damage, on Pretext that it is faid in the Policy, that the Infurancejhall commence
from the Moment that the Goods are upon the Key, &c. This would be very unjuA,
therefore it ought to be underftood only, when the Aflurance is made before the
Goods are taken out of the Warehoufe, or before they are fent aboard, for befides
the Rifque which the Aflured runs in (hipping them, (which is greater in fome
Places wan others) he likewife expofes himfelf to pay a higher Premium than if
he had infured fooner, becaufe the more Infurances there are made on a Ship„
the higher Premiums the Infurers demand j and it is farther to be remarked on
this Article, that although the Rifque is not fniflxd till the Goods art unloaden and
fafe, that as at Amfterdam, they are frequently left in the Lighters for five or fix
Days or more, the Infurers are not obliged for any Damage that may happen to
them, only for the firft Day.
5th Article fays, " That if in a Year and a Day, after the Infurancc made, or
" after the Ship's Departure, if it is for anv Part of Europe or Barbary, there is no
<' News of her at the Place from whence die failed, nor at that (he was bound to,
" (he (hall be efteemed as loft, and the AfiTured may demand Payment from the
'< Infurers in three Months i but for Places more diibnt, the Term (hall be that
" of two Years."
Remark. It too often happens that Ships founder at Sea, fo that no Perfon
efcapes to tell the Story, and our Underwriters do not poftpone Payment accord-*
ing to the preceding Terms, as this would oblige them to a total Lofs, that is«
Cent, per Cent, but in order to Xefftn it fomething, when they fee the Affured has
no Advice of the Ship, and when (he ftays two or three Times longer than (he
(hould, fo that there is no room to fuppofe her fafe, they themfelves endeavour
to agree with the AlTured, and commonly pay ninety-fix per Cent, on fuch
Occafions.
6th Article declares, " Thofe Afliirances to be null and invalid, which are
<< made three Months after the Departure of the Ships dcftinedfor the Coafts of
•• Europe,
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" £«n^^ Bariary, and the adjacent Partt, or thoTc made in fix Months after
'« the Ship's Departure for more dilbnt Plates, if the Aflured does not advertise
'< the Infurers thereof, and if he docs not get himfclf infured, on good and bad
" News, that is, loft or not loft."
Rtmark. That as the Articles 20 and 11. have an Affinity with the foregoing,
I ftiall remark on them all together.
20th Article imprts, " That it is permitted to iofure Ships, Mcrchandife, and
" ESefts, that are loft, pillaged, or damaged, even after the Lofs, (Sc. hat hap-
" pened, provided that the Aftured has no Advice of the L06, &r."
21ft Article fays, << That the Aflured ftiall be fuppofcd to have known of the
" Lofs, &c. if he has omitted to make Infurance, till after he can have received
" Advice cither by Sea or Land, counting three Leagues of Way, or two Hours
" of Time j and that then the Infurance (hall be void, notwithftanding (or
" maugre) all the Proofs of Ignorance the Afturcd may be able to give j unlefs
" he is infured on good and bad News, and thai he can fwear that when ho
<' made the Infurance, he had not the leaft Account of the Loft, tic."
Remark. By thefe three Articles, which (eem to be made in Favour of the In-
furers, they are notwithftanding expofed fomctimes to the Cheats of People, who
make no Confcience of a falfe Oatn, provided it brings Gain, and therefore the
Infurers feldom underwrite in thefc Cafes to unknown Perfons, or at leaft in
Prudence they ftiould not ; and what may be gathered from the faid third Article.
is, that the Ignorance of the AfTured, in regard of the Ship, or touching the good
or bad Advices concerning her, are the two only Conditions which can render
the Infurance valid, and therefore the Oath is very neceffarilv ordained in thefc
Cafes { for what would be more unjuft, than to infure a Thing known to bo
loft, which could never enter the Thoughts of an honeft Man ) but as thefe
Articles permit an Infurance to be made, whilft the Lofs, Pillage, or Danuge
remains unknown, confequcntly it may be dons on a Vefl*el fufpe^d to be loft
after a Storm, or feared to be taken by an Enemy* from fome confufed flying
Reports about her, though without learning any thing certain; y^r Example,
iuppofe a Storm to happen, with many Ships in the Texel, and that fcveral of
them were feen to drive, and among others, fuch and fuch a one, and that it is
feared they may be loft j in which Cafe, the Concerned, knowing that there will
at leaft be large Averages, and that there is no room to fufpe^t a total Lofs, if no
Advice is received in two ur three Days ; yet as this is uncertain, and cannot pof-
fibly be known, the interefted Peribn may make Irtfurance, if he can find tnofe
that will underwrite, after the Advices abovementioned, on Payment of a Pre-
mium proportionable to the Rifque : It if the fame with refpedt to a Ship which
is faid to be taken by the Enemy, though the Report is unconfirmed, and all
other fimilar Cafes, in which the Infurance will ftand good.^rovkdlrv/itisinferteci
in the Policy, the laft News there was of the VcfTcl, and that the Infurance is
upon good and bad Advices, of which the AfTured can fwear that he knows of no
others at the Time of making the faid Infurance.
7th Article declares, '< That the Infurance fhall be null, if the AfTured makes
" his Ship to touch at any other Ports than thofe mentioned in the Policy} but
" if this is done by the Mafter, either through Choice or Ncceflity, without the
" AfTured's Order, it ftiall not hurt the Infurance."
Remark. This Article, though fo very clear as to explain itfelf, is notwithftand-
ing very often the Occafion of many Difputes between the AfTurers and Adured;
the former endeavouring to make the firft Part of it ferve as a juftPlea for Non-*
payment of a Lofs or Average happening in any Port not mentioned in the Policy,
if a Declaration of the Captain and Crew is not very exprefs, that he was obliged
to go into it tlirough Neceflity ; in which Cafe the Infurers have nothing to
reply, becaufe the AfHdavit of the Mafter and his Men is credited, and the Un-
derwriters are condemned without the leaft Difficulty ; but as it frequently hap-
pens that a Ship goes into fome Port by Order of the Owner, or prmcipal
Freighter, unknown to the other Loaders, it ia very important to remark the
Senfe of this Article, and to diftinguifh him who knew that the VefTcl would
touch at certain Ports, from him who lo!«ded only for one, and did not know
that fhe was to call at others : For Example, Ships are daily ftt up at Amfitrdam
5 for
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Of INSURANCES.
for iSourJeaux, and the Merchants load aboard them, without inquiring or
imagining that they are to flay at any Place bv the Wuy, and make their In-
furancM airedlly for thai Placet neverthclefs it nanpcns that fome one has n con-
fiderablc Parcel of Goods to fliip for /?ot,6c//c, ana not finding a Ship ready to
depart for that Port, he agrees with the Mafter loading for murJeaux, to take
his Ooodj for RocbeHe, and obliges him to deliver them before he proceeds to
BourJealixi if this is tranfadled without the Knowledge of him who makes In-
furance for Bourdeaux only, and any Mifchancc happens to the Ship at RocM/r,
fhis fhall notoccafton a Nullity in the Policy of him who was ignorant that the
Vertel muft call at the latter, but there will be one in the Policy of an Owner of
Aich a Ship, who has got Infurancc made on her diredlly for Bourdeaux ; becaufe,
according to this Article, be could not direii her going into any other Port, hut that
mentioned in the Po/icy, and that it is fuppofca he knew, when he made his
Aniirance, that the Ship was to touch at RocbeHe i for if he did not know it till
after his Policy was iigned, he ought to have got a Claufe infcrtcd therein, that
the Ship (houfd have Liberty to call there.
It every Day happens, that Veffels which are loading for Marfeilles, Genoa,
and Ltgbem, take in Goods for Cadiz, Seville, Barcelona, and other Ports in
their Way, without its being known to thofe who (hipped for the firfl three
Places, and who only got their Intereft infurcd to that one of them, where the
Merchandize went configned, without inferting in the Policy, a Liberty for the
Ship to touch by the Way at the aforefaid Ports, and the Infurers do not ufe to
make any Difpute about it, with the Shippers who were ignorant of it, becaufe
they know well enough that it iscuilomary for fuch Ships to take in Merchandize
for different Places ; but an Owner who mfures, for Example, from Amjierdam
to Leghorn, without putting in the Policy, that the Ship may touch at, or go into
all Ports that are in her Route, his Infurance (hall be difcharged, if the Vcflel is
loft in any one of the Ports in which (he (hall have entered, Sfc.
8th Article, " Limits the AfTurcd to fix Months for abandoning any Ship or
*' Eife<^ to the Infurers, which fome foreign Power has ftopped and rcta.ins,
•• when the Retention is on the Coafts, or within the Limits of Europe or
" Barhary; and one Year if it is in any more remote PlaVe, counting from the
" Day that the Brokers (hall have advertifed the Infurers thereof, by Diredions
<• from the Afluredj and it permits thcfe latter, within the Times fo limited,
" to take their Precautions againd the Underwriters, by Securities, Pawns, or
•• otherwife, ai they fliall think proper, permitting them bcfides, or their Agents,
" to load the Merchandize reclaimed and releafcd, upon other Ships, to be
" carried to the Place they were defigned for ; and if the A(ru'ed omit it, the
•• Infurers may do it ) in which Cafe, thefc latter (hall only be obliged to defray
" the Expence of Loading and Freight, and to pay for any Damage the Goods
•* may have fuffercd, during their Embargo."
9th Article, makes an Exception in the beforeihentioned Time, in refpeft of
pcrilhable Commodities, fuch as Wines, Fruits, Grains, &c. in regard of which,
" The Aflured (hall not be obliged to wait the Expiration of the faid fix Months,
" but may endeavour to obtain their Releafc in the Manner he deems beft, tho'
" he muft make the Infurers acquainted with the Condition the Merchandize
" is in."
Remark. In the two preceding Cafes of a Detention or Arreft, the Infurers
leave the Care of Reclaimhig what (hall be fo ftoppcd to the AfTured j but thcfe
(hould not fail to be well and duly authorifed by the Infurers, which Authoriza-
tion is invalid, except made by the Huijier (an Officer) of the Chamber of In-
furances ; and therefore it imports the Aflured not to negleA having it made by
him that may effedlually ferve them, in cafe the Infurers (hould make any
Wrangling about the Charges of Reclaiming, Gff. as thefe commonly are
exorbitant, and frequently occafion great Difputes ; to avoid which, the Afliurcd
(hould abfolutely do nothing without the Conlent of the Underwriters j and when
the Sum is pretty heavy, it will be advifeable t6 engage one or two of them to adl
in Concert with the Aflured, at leait in obtaining the Relcafement of the embar-
goed Effects.
i9.1
4F
If
V."
■•f;-:-
■'i;^
194 0/ I N S U R A N C E S.
If the Merchandizes reclaimed are releafed, and lu 'cd oh ibme other Ship,
in order to finidi the Voyage, the Aflured (hould nut fail to nuilue the Inlurera
declare it by a ClauTe at the Bottom of the Policy, by which they acknowladg*
to be advifed that the Ship, upon which the Merchandize infurod wiu loaden,
having been embargoed, u wai (hipped on board fuch other VciSsl, and that th«y
continued the fame Rifque, u they run on the fird Ship, to their defined Port.
loth Article, " Prohibit! the making Infurance on the Body of the Ship,
" Gum, and warlike Storei, for above two thirdi of their Value, and to infur«
" in any Manner whatibever, tiie Freight, Sturci, Powder, Balls, Viaualt, or
*' fuch like confumable Things."
Remark. This Article was too burthenfome to Owners of Ships, in obliging
them not to infure above 24000 Guilders, upon an Intercd of more than 35, or
j6ooo ) fo that their Rifuues were reduced to an eighth Part of the Value of
Shipn, bv the firft Article of the Ordinance of the a6th oi'janiiMrf, 1693, ** ^^^
be leen hereafter.
nth Article, " Prohibits Mafters of Ships, Mates, Sailors, Men at Armi
" and all others, who ferve aboard, to infure their Salaries, or any thing
•' that belongs to them, except they have Goods with thcBi above the Import of
«• their Wages."
Remark. This Article is founded on fubftantial Reafons, of which the prin-
cipal is, a* I imagine, that as the Owners are not obliged to pay the Mariocra
after lofine their Ship, thefe latter commonly endeavour all thoy cua to fave her,
when in DariEer, in order to fecure their Pav 1 and it is certain, that they would
not adl Oh fudi Occallons, with to cauch Warmth, if their Wages were infured.
lath and 13th Articles, " Limits the Time in which the AUured are obliged
" to bring their Adion of Damage or Average agaiiiA the Infurers, vis. a Year
<' and a half, if the Lofs or Damage has happened on the Coafts of Emopt or
" Barbary, and in three Years, if it has happened in more difUnt Regions 1 to
<< be reckoned from the Time of the Ship's entire Difcharge, or from the Time
" in which the Lofs has happened."
Remark. The Cafe very leldom hap], its, that the Aflured wait fo long a Time
to demand their Lofs or Average from the Infurers, or at lead to let them knovr
that they have one to fettle, which is fufficient for commencing an Adtion againft
them, in cafe of Refusal, even when they cannot know till a long time after,
what the faid Lofs or Average will amount to.
14th Article fays, " That all the preceding Orders are to be underftood, for
*' Aflurances made on every Thing that goes by Sea, &<-."
1 5th Article, " Regards the Infurances made on Goods, carried by Land, or
" Rivers, the which the Merchants may contract among themfelvcs, as they
*' fhall think proper, except that the Aflured fliall run the Rifque of the t«> as in
" the Second Article of this Ordinance, and that the Carters or Waggoners IhaH
<' not infure above half the Value of their Carts, Waggon or Horfes, and nothing
" of their Wages."
Remark. There are very few of thefe Sorts of Infurances made at A^fierdamt
therefore I fliall not flay to make any Obfervations on this, or the fubfequent
Article 16, which is only " to allow the Aflured a Year's Time to demand
" from the Infurers the Recovery of the Lofs or Average, which has happened to
" the Goods, going by Land or River."
17th Article Ordains, <■ That if Infurance is made upon Grains, Fruitf,
<< Wines, Oils, Salt, Herrines, Sugar, Quickfilver, Tallow, Butter, Cheefi;,
" Hops, Syrup, Aoney, Seeds round or flat, and fuch like Things as are fub-
« jedt to Corruption, upon Ammunition, and upon Silver coined and uncoined)
" thev fliall be fpecified in the Policy, upon Penalty of its being otherwife null
•• and void."
Remark. The Alteration of this Article, will be feen io what follows, at
Number 3.
1 8th Article, " Permits the contracting Parties in Aflurances, to make them
" before Notaries, Regifters, or other publick Oflicers, or by private Notes of
** particular Perfons, or before crediuble Witnefles."
Remark.
sjt.--'
hip,
irer»
■tig*
Acn,
lh»J
rt.
Ship,
nfuFe
It, or
iiging
ue ot
M will
Arm*
thing
jwrtof
: prin-
[ariacm
ive her*
t would
infiired.
obligod
• a Year
urofi or
iontt to
xTime
a Time
m know
n againft
le after,
for
jand. or
as they
; t'b, as in
wrs IhaH
nothing
kbCequent
demand
ppened to
, Fruitf,
Cheefi:.
are fub-
^ncoinedt
vifc null
(Uows. at
iike them
Notes of
Rtmark,
O/ I N S U R A N C E S. 295
Rmark. Ai this Ordinance was made on the ^td of Jankary, 1 598. it appcarj
that but few Infurances were made then, as they were permitted to b« under a
private Firm, and upon common Paper 1 but the Number of them having i.-un-
Cderably ciicreaTcd nnc« that Time, it was ncccflary (a . will be fccn in the Sequel)
to ordain a fet Formt and to have it marked by the Secretary of the Chamber.
For a long Time all Sorts of Policies were drawn up indincrently, under the
twelve Stiver Seals t but by the Regulation made by the States of HoiLutd and
It^eji-Friji, upon the Diz/yof the fmull Seal, of the a8th oi Auguji, ly 16, in «ho
58th Article, " It is ordained, that all the Policies, for Sums under 500 Cuil-
•' ders, (hall for the future be made undci»the twelve Stiver Seals 1 thofc of coo
« Guilders, and lefs than 1 0,000, under the twenty-four Stiver Seals i and thofc
*' of 10,000, and upwards, under the forty-eight Stivoi Seals."
But as it would Ik imprudent in the Brokers to hazard a fculcd Policy, when
their Employers order thrm to get a Sum infured at a limited Price, or on fuch
Conditions as they doubt will not be complied with, they have Imall Policies on
common Paper, which they often get the Underwriters to fign, and aftcrwaids
to transfer tncir Firms to iuch as are ordained by Law, when the Infurance is
compleated.
19th Article, " Orders all thofe concerned in Policies, to make them out
«• according to the Ordinance, and to keep a Copy, Ftrlhttim, of all the Hand-
•• Writing therein."
Remark. This is fo much the more neceflary, as the AlTurcd may happen to
tear, or lofe a Policy, or that fome Knave, who has got himfelf infured, may
alter fomething therein to his Benefit, and Difad.antage of the Infurers) in whicn
Cafe, and in other fimilar ones, the Copy which the Broker keeps, may ferve for
a Proof and Tcilinionial.
I have already fpoke of the Articles 20 and ai, under the 6th.
' 22d Article, " Permits the Aflured to demand a Return of Premium from
<• the Infurers lefs t per Cent, if he does not load the Goods, or thofo are not
" (hipped for him, on which the Infurance was made, or if he has infured
'< more than the Value of the Merchandize ho has (hipped, or is (hipped for »
«• him."
Remark. When a Return of Premium is demanded, it (hould be done as foon
as pofl'ible, to remove all Sufpicion from the Infurers, of an Intention to cheat
thim in Cafe of Damage} and if an Infurance is made on a Ship coming from
a didant Port, in the Expefbtion of having fomc Goods by her, which on her
Arrival, is found to be otherwife, the A(rurcd (hould (htw the Underwriters,
when he demands the Return, the Letters he may have received, with the Ad-
vice that his Correfpondcnts could not fend him any Thing by that Occa(ion j or
at Icaft a Declaration from the Captain, attefting, that he brought nothing for
the AfTured j for without this, he will not be unlike thofe People, who finding
their Merchandize fafe arrived, arc fo di(boneft, as to ailirm they had nothing
aboard, in order to procure a Return.
23d Article, " Ordains, that the laft Underwriters (hidl participate in the
<• Inlurance, as much as the firft, either in Profit or Lofs."
Remark. With regard to Profit or Lofs, one Infurer may have more than an-
other in the fame Infurance ; for when a very large Sum is to be infured, and a
good Part of it is done at a certain Price; for Example, at three per Cent, but a
Suflicicncy to complete it is not to be obtained on thefe Terms, the Premium
is raifed to four per Cent, in which Cafe the laft Underwriters gain one per Cent.
more than the firft, if the Adventure arrives fafe, and lofe one per Cent, lofs than
the others, in cafe it does not ( but it is not in this RefpeA, that this Article is to
be undcrftood, for it only ordains, that each Infurer uiaii partake of the Profit
or Lofs, in Proportion to the Sum he has figned for, viz. if one Infurer, who
has underwrote at three per Cent, gains the Premium, he that has underwrote
for four or five per Cent, gains it alfo j and if he that has figned for three per
Cent, pays fifty or futy per Cent. Lofs or Average, he that has by his Firm
obtained four or iiscper Cent, (hall pay neither lefs nor more than the other.
a4th Article, •• Orders, upon Pain of Nullity, not to make Infurance upon the
<* Life of any one, nor upon any Wager of a Voyage, nor any fuch Inventions."
Remark.
■id
w
Hkv,
296 0/ 1 N S U R A N C E 9.
Remark. As there is no Point of PradUce, or Subtlety in the World, cither (d
giin or prefcrve Money, which has not been found out or invented at Amjlcrdam',
this Article is not always religioufly obferved, and there arc People* who, having
a Port, which, for Example, may bring them in 3000 Guilders fer Ann. get
that Sum infured on their Life for a certain Number of Years, that if they die,
their Family may enjoy the Revenue, for the Remainder uf the Term infiired j
but thefe are very tickliih Infurances.
25th Article imports, " That the AfTured having abandoned in Form to the
" Infurers, thefe latter (hall have three Months Time allowed to pay the Sum
" they have underwrote for." *
Remark. The Infurers iirc obliged to pay the Sum infured, entire, without any
Deduction, in cafe they take the abovementioned three Months to do it in ; but
the common Cuftom is, for them to have fwo per Cent, abated in cafe of prompt
Payment on Lofles well proved, for if the Proofs are infufficient, the Infurers
endeavour to take Advantage of this Circumftance, to pay as little as poflible, and
the AiTured muft get as much as they can, or wait till they have procured Proofs of
the Lofs, in all the Forms by Law required.
26th Article, " Says, that if the grofs Average does not exceed one per Cent.
" the Infurers (hall not be obliged to pay it."
Remark. Averages of two or three per Cent, happen fo often, that the Infurers
find no Advantage in this Article, and therefore they have for a long Time agreed
to fign no Policy, which does not free them from any Average under three per
Cent, as alfo to be free from the Expence of Jours de Planche, (which are thofe
Days a Ship is to lie by Cu(lom or Charterparty, more than what is neceJTary to
load or unload her Cargo) and as they are frequently obliged to pay Averages
upon Wools, Flax, and Hemp, they have for fomc Years part agreed apiong
themfelves, not to infure on thefe three Sorts of Merchandize, except free of
Average under ten per Cent.
Neverthelefs, when the Infurers afe fued, the Commiffioners of the Chamber
have no Regard to thefe Claufes, but condemn the Underwriters to pay all
Averages that exceed the one per Cent, in Conformity with the Ordinance.
27tn Article, " Frees the Infurers from paying the Damage or Lofs, upon
" Things that corrupt and fpoil from their own imperfeft Nature, when fome
" foreign Caufe or Mifchance has not contributed to it."
Remark. If the Grain, Fruits, or other fuch Merchandize, happens to heat, or
the Wine, Brandy, Oils, and other Liquors, are fpilt and leaked, without any
Thing's contributing to it, the Damage is the Aflured's ; but if it is occafioned
by the Sea- Water in a Storm, or by a Shock of the Ship againfl: fome Bank of
Sand, or any fimilar Caufe, the Damage is for the Infurer's Account.
28th Article, " Obliges the Affured to advertife the Infurers of the Advices
" they receive, of the Mifchances, Embargoes, and Damages, which happen to
" the Ships or Effeds infured, and that the Brokers, or other publick Perfons, do
•• make Minutes of fuch Advertifements."
Remark. The Aflured are fo much the more obliged to give this Notice to
their Infurers, as it is they who muft pay the Damage, in cafe of a Difafter ; and
if the Aflured does the leaft Thing unknown to the Underwriters, and without
their Confent or Authority, and that what the Aflured (hali have done to prevent
a greater l\\, turns out the Revcrfe of what he expeftcd, there are many Cafes in
which the Infurers would not be obliged for the Damage, and others in which
they may have room to wrangle a great deal, to lefTen their Lofs.
29th Article, " Imports, that this Ordinance ought to be underftood gene-
•' rally, for all the Infurances which (ha'.l be made in this City, as well by the
" Subjedts of this Country as by Strangers, and upon all Sorts of Merchandize
" and EfFedts, going and coming both by Sea and Lan' ; and if they are con-
" trary to the Ordinance, they fliall be null and invalid, as is mentioned in the
" firft Article."
Remark. I have already obferved on the firft Article, that many Infurances were
made, which are not entirely conforr-.aijle to the Ordinance ; and I have nothing
more to add here, but that Uie and Cuftom have introduced many Things
which are contrary, but he ought to be extremely fedulous, on making any
Infuranwc
re con-
in the
0/ I N S U R A N C E S.
Infttrance cootniy to the Ordinance, taking care what Infurers underwrite llie
PoH^, and to infert all fuch Claufes, as may leave no Room for Difpute, or to
have them annuiiiid by the Chamber of Infurances, or by the other Courts of
iuftice, in cafe of being obliged to come before rhem, which will in a great
feafure depend on the Ability and Furecai): of the Broker.
30th Article, " Forbids the Commiflioners of the Chamber of Affitrance.s
" their Secretary and Clerk, and all Infurance Brokers, to infure or to be infared,
" diicdtly or indiredtly."
Remari. It may be feen, that this Prohibition, with refpedt to tii« Comrnif-
fioners and Secretary, is taken away, by the Ordinance Numb. 4. Bui in r<;gard
of the Sworn-Brokers, as they take an Oath not to do any Bu(inef$> for their own
Account, when they are admitted, they can neither infure nor be infured, with-
out contravening or breaking their Oath; neverthelefs there are many, who have
Ships and Parts, which they every Day get infured.
% I ft Article, " Orders to punilh exemplarily all thofe who Ihall ufe any Fraud,
" Mifdemeanour, or Cheit in AfTurances."
Remark. Infurances were invented and introduced, purely with the Defign to
relieve Merchants in cafe of a Lofs, by (haring as much as they thought propec
to get infured ; therefore, it would be ading very unjuftly, to aim at gain-
ing or enriching one's felf, by making the Infurers lofe, as has happened
more than once, by Thieves and Knaves, who have infured large Sums
on Ships, aboard which they had nothing, or Things of a very fmall Value,
which they have in Concert with the Captains procured to be loft, or by fome
fuch other Tricks : It is therefore of the utmcft Importance to the Infurers, that
this Article be purfued to the freateft Rigour, and it may be feen in the Ordinance
Numb. VII. Art. 2. that thele Sorts of Cafes are referved to be judj.ed by the
Lords Echevins (or Sheriffs.)
32d Article, " Ordains, that all Accidents of Infurance, (hall be brought in
" the iirft Inftance before the CommifTioners of the Chamber, which they fhalL
*' judge upon the Footing of the Ordinance ; and for their Employ, they fliall
** have jointly with the Secretary One-third ftr Cent, on the Sums brought for
'* their Determination, payable by the Plaintiff."
33d Article, " AutJiorifes the CommifTioners of the Chamber to order a
** Delivery of the Money demanded, wholly, or partly, if they think proper,
** after the Verification of the Policies and Proofs, and that it appears to them,
*' that the Notification of the Lofs to the Infurers was made three Months before,
'* permitting thofe who have obtained the PofTeflion, to remain with the Money,
" under a fufHcient Security, to return it with Intereft, after the Rate of twelve
*' per Cent, per Ann. if the Commiffioners find afterwards that it ought to be
•' returned."
34th Article, " Permits an Appeal from the Sentence of the Commiffioners,
" to the Echevins (or SheriflFs) of^the City."
35th Article, " Ordains, that the Execution of the Sentences given by the
<* Commiffioners, fhall be performed in the fame Manner, as that of the Sen-
«« tences given by the Seigneurs Echevins."
36th, and laft Article of the Ordinance, N°. I. <' DireAs thofe who appeal to
'< the Seigneurs Echevins, from the Sentence of the Commiffioners, to do it in
' " ten Days, and to give in their Articles in ten Days after, paying at the firft
'< Audience twelve Guilders as a Mul^t, if the Sentence of the Commiffioners is
*' confirmed by the faid Seigneurs."
Remark. I fhall content myf elf with giving the Senfeofthefe four laft Articles
juft as they are, without entering into a Detail of the Cafes that may happen,
when obliged to litigate them with the Infurers, becaufe that there is an Infinity,
which almoit all diner one from another, in the whole or in Part, and which
the SoUicitors, who plead ihefc Sort of Affairs often, know fo well how to em-
broil, that the Procefsmay hft lonj»er than it ought; I fhall only remark on this
Subjcdt a PafTage in the T rcatife of Averages, wrote by the famous ^intyn
Wytfen, which is v?ry often cited in Juflice, upon the Matter of Averages and
Infurances, where he fays, that the InJ'urer it regarded by all as a Pupil, that is to
fay, that they are protected in Juftice as Orphans, and that they are never coii-
4 G demned
^97
■ ■!>>■
I. i
! *'4
\ V
pi '
m
11
Wi=
V'M.l. ■• .■■■ ■•■' .
if'
,t'
fel-:-
5.98 0/ INSURANCES,
demned to the utmoft Rigour, as it may be doue in a Caufe betwoea Paiticn&rri;
and it is for this fame Reafon, that I adviCe all thofe, who have any Differejice
with the Infurers, to agree it amical)ly» as well as they can, and avoid a Suit, as
they may becert^ they will often get more by a friendly AdjuAment than fay ia
Litigation; for the Infurers had rather grant fomething than be proiecutcd,
becaufe diis makes them decryed as Wranglers ; but it muft at the fame Time
be confefTed, that if too much is demanded of them imder this Belief, they rather
chufe to go to Law, in which they are not quite wrong.
And as in Procefs of Time fome new Caies have happened, not mentioned in
the Ordinance, the Magiftrates of this City have, from Time to Time, made
Additions and Amplifications, and diangcd thofe Articles whidi they found not
to be elTential. The Additions are contained in the eleven Re^btioos or
Ordinances following, which I fhall mark from N<>. IL to XII. to follow the
Order in which they are couched, m tbe Maxmr of Proceeding before the Ji^ice&f
jimjierdam, from whence I have taken them.
N». II.
The 30th of January 1626, " The Lords Jufticcs, willing to amplify the
" fecond Article of the preceding Ordinance, have ordained, that when any one
" is infured, and the Xnfurer fails and becomes infolvent, the AfTured may fet
" afide the Infurance, by his notifying it to him, by a Notary and two Witnefles,
" at the Place of his iaft Habitation or to his AfTignee, leaving however tbe
" Premium, which he cannot reclaim, and afterwards he may get himfdlf in-
" fured by another Underwriter, on good and bad Advices."
This Ampliiication was undoubtedly made to prevent the Difficulties which
might refult, from what the Article 2, (where it is fpoke of) ordains, that the
Aflured fhall run the Rifque of A for all under 1 2000 Guilders, according to
which, a Man, who has got 10800 Guilders infured on Goods worth izooo,
•cannot infure any more j bnd one of the Infurers happening to fail, and the
lAfHired being deurous to get fome other to underwrite in his Room, it would
feem by the Policy, that he Should have got faimfelf infured for more than he
was permitted, if he had not given it over, in the Forms diredled in this Ampli-
fication, which may ferve him for Proof in cafis of Need ; but as I have men-
tioned under the fecond Article^ that any one might get himfelf infured entirely,
I fhall only obferve here, that if an Infurer happens to fail, the Aflured Hiould by
no Means omit defining from his Infurance, in the Forms prefcribed by ithis
Amplification.
N". III.
The 9th oi May, 1614, " Our Lords of Juftice having examined the 17th
" Article of this Ordinance, and found that great Abufes have refulted from it,
" they thought proper to alter it; and to ordain, that hereafter, all Sorts of
" Merchandizes and Effefls whatfbever, fhall be comprehended under the general
<' Names of Merchandize or £fie£ts, corruptible or incorruptible ; but that he
" that would infure upon Gold, Silver, coined or uncoined, Precious-Stones, or
" Jewels, and Ammunition, fhall be obliged to have it expreffed.in the Policy,
•' on Penalty of its being nulled."
The 17th Article abovementioned, orders to fpecify in the Policy, the Mer-
chandizes which are fubjeA to perifh through their own Nature, which was quite
ncedlefs ; becaufe the 27th Article of the fame Ordinance, exempts the Infurers
from paying the Damage which fliall happen widiout any foreign Caufe ; and
whether thefe Sorts of Merchandize are named in ths Policy or not, when any
Damage happens, the Queflion is, to know what Caufe produced it; but in
regard of Gold, Silver, Jewels, and warlike Stores, the 17th Article remains in
its full Force.
N". IV.
In February, 1600, and in the Month of ^''ww, 1601, " Our Lords of Juftir-s
♦■ ordered, that the CorimijTioners of the Chamber oi Infurance*, and their
" SecreUry, might be inlursd."
The
Mer-
I quite
kfurers
and
luftir'S
their
The
0/ I N S U R A M C \^'
*The j^li^ltlcte of the irft Ordioaace h«i pjohi^itqii U. as tjMy h^fy^ in
the raid Arfick. ':., ].-
i''^- ;.jfo/. tin . bfimiitao'J b ■sirynnn
N-. V. . --V, , •-:'';
'• This Or^Unance provides, that all the difiersm Accicjenu whkh ftriCe from
<< Aveuges, flidl be carried in the £rft lofUoce before the ComffliiUouenof the
<< Chamber of Infuranccs, to be by them regbteted and decided* 4ft tjie Maoner
" efta^liihed with refpeA to Infurances, in the laiit Ar^ple? pt the (irOl lOr-
" dinance, and that the Execution of the Senteioces fliall be performed accotdifig
" thereto."
N?. VI. ;.,■'- 1. ■- , : •,
" The
" proceed i
** and that for the firft, fecond, third, and fourth Fault of Noo-appearande, they
'*' flndl be condemned on the fecond Omiillon, in a Mul(fl of £x Stivers { on the
" third, in twelve Stivers ; and at the fourth eighteen Stivers j and that the
*• Commiflioners may condemn or abfolve for the Principal at the fourth Ncgleft,
" however, without decreeing a Security in Virtue of the faid Faults, unlefs the
" GommifHoners fee by the Dedudion of the Caufe, that it is difpofcd fo that he
*< 6ught to be ordained to give it, inftead of a definitive Sentence, in Virtue of
♦« the fourth Fault.
*' The fecond Part ordains, that the Decay or Ruin of the Ships that go from
" hence to the Indies, whether it happens going or coming, (hall be on Account
" of the Infurers, unlefs thefe Veffels happen to be employed in an extraordinary
♦• Manner in the faid Indies, for the Trade thereof; and that all the Merchants
" (hall be obliged to place their Merchandize, upon wrhich the Averaged bttght
*' to b<: regulated, according to their. true Value; and.that this may be oont with
" the greater Honcfty, the EiFe<as, brought under Contribution, (hall be put
<' into the Hands of the Commiifioners, to Uie ^ndthst they may be enabled to
" determine equitably."
This Ordinance was made the 20th of ^'aw. i6q6, before the Eftabliducent
of the India Company, and regards more the Particulars who traded there, than
the Companv, who never infure that J know of; but fince that it charges the
Infurers with the periihing of Ships in a Couotry fo diftant, there is mudi
flronger Reafon that they &ould be anfwerable for the (ame Misfortunes in thofe
Seas which are a great deal nearer, in which the Infurers would certainly be
greatly to be piiied, if the Commifiioners had not fome Regard to them, which is
left to their Difcretion in the Ordinance, N*». XI.
To commit the EfFefts put under Contribution of an Average, into the Cora-
mifTioners Hands, that they may judge equitably, is very often impoffible, and
when it «s otherwife, the Thing would be equally troublefome to the Commif-
fioners and Merchants ; therefore in fuch C^es, the Commiffioners themfelves
have the Ships taxed that lie before the City, and order the Merchants, who
have an Interefl in the Loading, to bring in an Accouat of the jufl Value of
their Goods to the Chamber, and as this is often done after the Goods are fold,
thofe who have difpofed of theirs, infertthe Produce in their Account, and thofe
that are ftill unfold, they pafs according to the Price current ; and upon the
Taxation of the Ship, tnefe different Accounts of the Merchants, and the
Eflimation of the Damage happened, the Comrniflioners reguiate the Average,
and decree the Repartition in their Sentence.
No. VII.
made the 14th of June,
1607, contains five Articles; of
This Ordinance,
whiLh the
111 Article ordaips " That the Fines proceeding from the Faults obtained
•' before the Chamber, (hall be cxadted by the Huiflier of the Chamber; of
" which he fliall 1 avr the third for his Trouble, and if he cannot recover them,
'< they may be cxaAcd by the Sergeant of Moniieur the Officer."
2d Article,
^9
\n
r
I
im*-
i
!■:•
1;
;•[
" '■
■ r
B-::
(ft*--
300 0/ INSURANCES.
• «d Artid«» «' Diceai the Cpmniffiancn to fend before th« Urdt Ecberins.
*' all thofe Caufes of Infuraoce io which they have found any Fraud." This ia
properly a Confirmation and Amplification of that which is faid in the firft
Omauacet Article ^i.
id Article decrees,.*' That when in any Danger, fome grolii Goods (hall
lave been thrown overboard from between Decks on Ships coming from the
<« Levant t diey fliall be brought into an Average, on Ship and Cargo."
' This is a Law generally received by all Emvptt to bring into t^ grofs A«enge
•11 that is thrown into the Sea, %\ that is cut away, broken or Ml in the Danger,
. to ftvetlut which renuuns aboard; which makes me believe, that this Article
was only made to ftop the Mouths of fome Wranglers, who it is probable would
maintain, that what is put between Decks, bemg thrown overboard in the
Daiwer, oiuhe not to be brought into an Average*
4tti Article, « Authorizes uie Commiffioners to condemn the Parties, to all
** or half of the Expences, or to decide them as they fhall think jvoper." ^ .
5th Article, " Enjoins die Commiifioners not to carry to the Infurers Account
" (when they regulate any Average) only what they null find ought to be carried
" to Averages."
For to underftand this Article aright, it muft be obferved, that Averagtt are
frequently regulated in one Manner between the Proijrictors of the Ship and'thofe
interefted in the Cargo, and in a different one, with regard to the InlUrers, who
are not obliged generally to pay all that is brought into an Average upon Ship
end Goods, but only certain Articles, according to the Circuipftance ofthe Cafe,
which would be too long to deduce here.
N». VIII.
This Ordinance alfo contains five Articles, of which the
I ft Article, " Decrees, that all the Premiums of Infurance, which do not
rjcceed 7 ftr Cent, fliall be paid in ready Money, without dedudtine them from
the Damage in thefe Caufes. which (hall be brought before d^e Coamber, but
they (hall be coimted, and held as paid."
sd Article, " Ordains, that the Premiums exceeding 7 per Cent, fliall be paid
*' in fix Month? after figning the Policy; but if the Premiums on going and
" coming amount to more than the 7 per Cent, and to 14. per Cent, inclufive,
" the half (hall be paid down, and the other half in fix Months after, with the
" Intereft of 12 per Cent, per Ann. after the Expiratbn of the faid fix Months, to
«' the Time of Payment."
In Obedience to the firft of thefe Articles, or to both of them, the bifurers
never fign a Policy, that they do not infert at the fame Time, that they have
received the Premium, although they do not receive it till two or three Months
after, and fometimes never, becaufe they have an open Account with every
Broker, and if a Lofs happens, they draw upon him, without having enjoyed
the Premium. It is true, that they may recover of him dire^ly, iuid it were to
be wifhed for their Sakes, that they gave lefs Credit to fome Brokers, who ufe
the Premiums to pay every Thing cIm but them ; if they gave fo much left Credit
to the Brokers, the Infurers would not fuffer as they often do, when any one of
the former becomes Infolvent ; for if the Merchants, by employing the Brokers,
give them an Opportimity of gaining their Brokerage, t\iey only ace anfwerablc
to the Infurers for the Premiums ; and if thofe were paid in ready Money, the
Brokers would not be expofed to this Rifque.
In regard of the Premiums on going and C3ming, the Cuftom obferved for a
long Time, has been in the fame Manner as above, but the Broker will not
engage with the Infurers only for the Premium out; and when the Ship is arrived,
or is upon her Way Home, the Infurer afiigns the Premium of her Return on
the Amired ; but as it frequently happens, that fome of the Affured fail duriug
the Interval of the Voyage, by which the Underwriters lofe the Premium on the
Ship's Return j it is now fome Years fince they have obliged the Brokers to be
anfwerable for both, in which I think they have adted very prudently.
3d Article, '< Ordains, that when the Chamber of Auurances has made a
*• Repartition of th<- Average or Damage, the Infurers (hall be obliged to pay it
" dircdliy,
z
<«
ther
can
higl
the
0/ I N S U R A N C E S.
" diredUy, and in Default thereof, they ftiall pay the Aflured an Intcreft on the
" Sum in which they have been condemned, after the Rate of 1 2 per Cent, per
" Ann. to be reckoned from the Day the Repartition is made, till the Time of
" its Difcharge.
This Cafe occurs fo rarely, that I have never ieen an Example of it ; but on
the contrary, a Lofs or an Average is no fooner regulated by the Chamber, than
the Infurers are the firft u^ho defire to pay, unlefs they think themfelves unjuftly
dealt by, and have an Intent to appeal.
4th Article, " Dircds the Commiffioners not to make any Repartition of total
*< Lofles, till the three Months of the Abandoning be expired, according to the
*.* aeth Article of the firft Ordinance."
I have remarked upon the faid 25th Article, that in fuch Cafe the Infurers
ought to pay the entire Lofs, but in agreeing it amicably, they only pay 98 per
Cent, which is better both for the one and the other, than to go to Law, for many
Reafons.
/5th Article, " Orders, that the Brokerage op Infurances fhall not exceed { per
" Cent, as well ongoing and coming, as on going, or coming only; to be paid,
" half by the Infurers, and the other half by the Aflured."
The Cuftom is, that the Infurers only pay the Brokerage at * either goiag or
coming, and k per Cent. Outwards and Homewards; and if this is not agreed to,
as the Brokerage for going or coming iingly is i per Cent, the Brokers may with
Reafon, firfl make the Infurance Outwards, and feme Days after make that
Homeward, in order to get double Brokerage ; and I do not doubt of their hav-
ing done fo, iince the making this Ordinance, &c.
N». IX.
It is ordained by this Amplification of the preceding Ordinance, N*. VIII.
That all the Premiums ot Infurance, at whatever per Cent, they may be, and
let them be what they will, fliall be paid immediately on iigning the Policy,
under Penalty of their being null ; provided that thofe which are made for
going and coming, the Premiums for going (hall be paid diredlly, and the
Premiums for returning fljall be paid on the Arrival of the Veflels ; and of
all the Infurances which are made by the Month, the Premiums fhall be paid
down for as many Months as fhall be ftipulated in the- Policy."
%0l
N». X.
As the foregoing Ordinance does not very clearly explain itfelf; in'Taying,
that the Premiums on the homeward bound Voyage fhall be paid on the Ship's
Arrival, this Article is added, and imports, that the Premiums on her coming
tack, Jball be paid when the Vejfeljhall hi returned, andfinijhed the Voyage.
It may be feen by thefe two Articles, what I have faid under uie fecoqd
ArUclcofNo. VIII.
made a
to pay it
dircdtly.
N». XI. '
In Reply to the Advice which the CommifHonera of the Chamber requefled
of the Burgomaflers, how they fhould regulate the Damage upon Woad, Sugar,
and other Merchandizes, which come from the Azores Iflands j as a very great
Difference is found in the Price, between thofe bought with ready ^oney, and
thofe taken in Truck; andalfo upon what the faid Comraiflioners repr]efent, that
in long Voyages, where the AfTured gain largely, the VefTels decay confiderably,
and if they are lofl, the Infurers pay a great deal more than the Ships wbuld have
fold for if'^they had arrived in Safety.
" Our Lords of Juftice ordained, that the Woad fhould be reckoned, till far-
" ther Order, upon the Footing of 800 Rees the Quintal, unlefs the Concerned
" can prove in eight Months, that the Woad was bought in the faid lOes, at a
" higher, or lower Price j and with Refpe^ to Sugars and other Merchandize,
*• the Commiffioners may value them as they fhall think proper."
" And touching the Ships, which by the Length of their Voyages, are W9rn
" out, worm-eaten, or become unnavigable, the Commiflioners were authorized
" to a£t according to their Difcretion."
4H U
X, ■•■ .
■' ■B-'^
SOI 0/ I N S U R A N C E S.
It Is veiy juft to have Regard to the Price of the Goods which arc lo con-
tribute to an Average, when the Calculation is to be made, more cfpccially whcrt
fome Part of them have been taken in Truck, and the other paid for with
Ready-Money J in which Cafe, thofc that are received in Truck would coft a
good deal more if paffed at the Price they were taken at in Barter, than thofc
purchafed with Ready-Money, and would not however be any thing better, and
notwithftanding they would pay confiderably more than they ought towards the
Average. For Example, A Quintal of Woad fliall have been taken in Truck for
1 200 Rees, and a Quintal of the fame bought for 600, with Ready-Money; and
if the Average is regulated on the Footing of thefc two Purchafcs, the Quintal
taken in Ti uck will pay double the Average that the Quintal bought with Ready-
Money will, which would be vifibly contrary to Reafon, and to the Ordin;incc
N». VI. which direfts, that Things (liould be put at their true Value.
In Relpetfl of the Decay of Ships, it is certainly very equitable, that it Hiould
be regulated, as well in the Regulation of Loflcs, as in that of Averages ; lor it
is certain, that on many Occafions the Infurcrs lofe, and pay the Dainage which
happens to Ships, whilll the Proprietors gain a great deal above it.
N". XII.
This Amplification decrees, " That henceforward, any Abandon, Regiftring,
" or Authorization, in Matters of Infurance, fhall not be done but by the
" Secretary or Huifficr of the Chamber of Infurances, who are fuHiciently
*' authorized for it by this Ordinance, which prohibits all Notaries, Brokers,
" and other Perfons to undertake the doing any Aft, under Penalty of its being
" null."
If the AlTured judge that the Infurers have any room to make a Difpute, they
ought not to fail making the Abandon, Regiftcring, or Authorization, as it is
ordered here above, becaufe all that they get done by their Brokers is null and
invalid, if the Affair comes before the Chamber, and that thefe Pieces mufl
abfblutely be drawn up there, and fiened by the Huiflier, to be valid.
The 5th of iViarr<6, 1 683, the following Ordinance was publiihed I
" Thofe who would get Infurance made on Ships or Effefts already departed
" from the Place of their Loading, fhall be obliged to declare it on the Policy,
" and to note the Time of their Departure, except they are ignorant of it ; and
" if they are fo, they arc exprefsly to declare it in the Policies, on Penalty of
" its being null."
As this Article has a Relation to, or AfHnlty with the Articles 6, 20, or 2 1, of
the firft Ordinance, it may be feen what I have faid under the 6th.
. ^bejamt Day, ^tb g/'March, 1688, the fubfequent Order was a/fo publijhed.
The Lords of Juflice having been advifed, as well by many Merchants, as
Infurers, that diverfe Changes were daily made in the Print of Policies, and that
almofl every Broker added fome Novelty, which obliged both the Merchants and
Infurers to read, ai well what was printed, ae wrote in them, und that tliis was
a troublefome Practice, by Reaibn of the many Affairs they had to traiifadl at
the Bourfe and elfewhere, from whence proceeded a great Number of Frauds,
bad Tricks, (Sc. the which my faid Lords defire, and to prevent, have enaded
and ordained, that henceforward no one fhall print or offer any Policy which does
not contain Word for Word the fame as thofe that follow, and they mufl be
marked by the Secretary of the Chamber of Infurances, who fhall have three
Stivers as his Due for each ; and no Policy fhall be made which is not marked
by him, in want of which, they fhall be invalid ; and the Brokers who off^er
any Policies, with other Contents than what is in the fubfequent Forms, fliall
pay for each fifty Guilders Muldt.
A Form pf the Kcenfed Policies upon Sbips.
!}.'■ ■
l»f ''■ '
m
or
YI7 E the Underwriters do afTure you, Mr.
^^ any other to whom it may appertain, in the whole, or in Part, Friend or
Enemy, without any Exception, viz. every one for the Sum here fubfcribcd.
of
tyof
1 1 , of
or
end or
:nbcd,
of
0/ I N S U R A N G E S. 30 j
of (/« this Blank is inferted the Fcyage tb' Ship is to make)
upon
the Body and Tackle of the Ship (which God ( -cferve) with her Guns, Ammuni-
tion, Apparel, and Appurtenances belonging to the faid
or to any other, called
of whicn is Captain
or any other wno may be put in his Place
tlie Rifque, Perils, and Adventures which we take upon us, fVoni tlie Day and
Hour, tnat until the Time
that the faid Ship, fhall be arrived as above, with
her Guns, Ammunition, Apparel, and Appurtenances, and entirely unloaden ;
and the faid Ship may go forward, retreat, turn< and go about to the Right,
Left, and on every Side, in the Manner that the Captain or Captains may think
E roper, for the Benefit and Advantage of the faid Voyage ; the abovemcntioncd
>angers, confiding in all Perils of the Sea, of Stbrms, Fire, and Winds, Arrcft
of Friends or Enemies, Detention of Kings, Queens, Princes, Lords, and Com-
munities, Letters of Marque and Countermarque, Imprudence of Captains, or
Barretry of the Mariners, and in all other Perils and Adventures which can hap-
pen to the faid Ship, of whatfo«ver Sorts they be, forefeen or unforefcen, ordinary
or extraordinary, without excepting any one, provided they happen without any
Defign, or Knowledge of the AfTured ; we put ourfelvcs in all the aforefaid Cafes
in your Place, to pay you the Affured, or to your Agent, all the Damage that
you Hiall have fufnred, viz. each one, in proportion to the Sum he Ihall have
underwrote, as well the iirft as the lafl Inlurer, and that within one Month aftet
we Hiall have been duly advifed of the Lofs or Damage, and in that Cafe, we give
to you the AfTured, and to all others a full Power, whethef if turni to our
Advantage or to our Lofs, to lend a Hand to fave the faid Ship, and its Appur-
tenances, to fell it, and to diftribute the Moiiey, if the Cafe requires it, without
demanding either our Confent or Permiflion : We alfo paying the Charges^ which
fhall be occafioijed in this Affidr, and likewife the Damage which fh:ul have
happened, whether any thing is faved or not ; arid in Refpe£t of the Account of
Charges, a Certificate ihall be added to the Oath of him that fumifhed them,
without any Contradidtioii : provided that there fhall be paid us in ready Money
for tht Price of this AfTurance per Cent, engaging for this EfTccft,
and fubmitting our Perfons and Goods prefent, and to come, according to Law,
renouncing, as Men of Honour, all Chicanes and Exceptions, which may conr-
tradidt the prefent. So Aom aX. Amfterdam, ice. r,v iji'
N. B. 'ihe Policies on Goods are the fame with the above, only xdryhtgthe Terms
(as in the Englilh one) therefore I omit the Tranjlation.
A new Amplification of the Ordinance of the Chamber of AJfurances, and Atlerages,
of the City of Amflerdam^
THE Lords of Juflice of the City of Amjlerdam having feenand examined the
Requeft of many confide/able Merchants of the faid City, prefentcd to
them to-day, befeeching that there may be fome Alteration and R'edrefs made in
Matter of Infurances ; end after having heai J the Advice of the Commiflioners of
the Chamber of Infurances and Averages, have thought proper to enaft and
ordain, as they do by thcfe Prefents ;
I ft Article, " That henceforward Infurance may be made oh the Body and
" Tackle of Ships for Seven-eights of their true Value, ho\vevcr, without Pcr-
" miflion to make any on their Freight, Powder, Ball, Viiftuals, or fuch like
" Things which are confumed, and the Affured fliall be obliged to run the
«' Rifque of the One-eighth, as well for what is above, as under two thoufand
" Livres de Gros, derogating and altering in this Refpeft the loth Article of the
«• Ordinanceof the Chamber of Infurances."
The loth Article of the firft Ordinance altered by this, forbids the ilifuring
Ships for above Two-thirds of their Value, which was fufficicnt to dilcoitrage
all tliol'c who fhould have a Defign to build Ships, it obliging them to run the
Rifque of Oiie-third of their Value, which might not fuit every one ; fo that it
2 i«
w.
"• m'
5' ',
fc:-f
304 0/ INSURANCES.
is with Reafon they have changed the faid loth Article of which we are fpcak-
ing J and it is even very much wiflied, that they had not obliged the Owners of
Ships by this Article, to run the Rifque of the One-eighth t for befldes its caufing
many Difputes, there is not naturally any NeccfTity to oblige a Man to run a
Rifque, wnich an Infurer would take on him for the Premium he receives ; there
is even (if I may be permitted to fay fo) a wide Door opened to Chicanery in
this Amplification, which only fpeaks of the Body of the Ship, without making
Mention of the Apparel and Appurtenances, which are very often worth as much,
or half as much, as the Body of the Ship j I, however, ver^ well know, that
when the CommiiTioners of the Chamber have a Ship taxed, it is taxed with all
its Apparel and Appurtenances, and without Contradidtion from the Infurers;
but I do not know what would happen if fome one amongft them would (lick to
the Letter of the Ordinance, which only gives CommifTion to infure the Body;
it may be faid, that a Ship cannot go to Sea without Sails, Mafts, &c. (o that her
Apparel and Appurtenances being abfolutely neceflfary to perform the Voyage,
they may be, and efFeAually are, comprehended with the Body of the Ship }
however, this would not fhut the Mouths of fome Wranglers, if they were in
fuch a Cafe. But not to e:itend my Criticilir, any farther, I (hall fay, that when
an Infurance is made on the Body of a Ship, it is very neceiTary to value it in the
Policy, and to infert that it is with all its Appurtenances and Dependencies, and
fuch other Claufes, as an expert Broker fhould find a propos to put in, according
to the Cafe and Circumftances.
2d Article of this Amplification fays, " That in like Manner it (hall be per-
" mitted to infure the fimple Ranfom, or Redemption of Captains and Sailors,
" who run a Rifque of being taken by Corfairs, and that upon Policies (of which
" the Plan (hall be given herewith) the which ought to be marked by the
" Secretary of the Chamber,' who (hall have three Stivers for each, as for other
" Policies, upon Penalty, that if they are nor marked by the faid Secretary, they
.-*' ihall not be valid] and that the Brokers, ^ho fhall make any Policies in a
'* dificrent Manner, (hall pay fifty Guildcts Malft for each, (ffc."
The 24tb Article of the firft Ordinance, prohibits the making Infurance on
any Lives whatfbever; and msiny People conround Liberty with Life, imagining
that Infuring the one, was not more lawful than the other, whkh Occafioned
many Difficulttes between the Owners of Ships, and their Captains boiind to the
Mediterranean and the adjacent Parts, where tney run the Rifque of being taken
by the Turks, when at War with them, and it was undoubtedly for that, that
this Article was made ; and on the lead Rupture that we now have with any one
of the States of Barbary, the Captains deftgned for the Mediterranean, will by no
Means fail, till their Owners have infured 3 or 4000 Guilders upon their Liberty,
in order to redeem them with this Money, in cafe they are fo unfortunate as to
be taken.
3d Article of the faid Amplification, " Decrees, that any Infurance made upon
" Money given a la Grojfe (a Term ufed in Holland iov lending Money at a large
" Intereft like Bottomry) upon Goods, fha]l not be valid, unlefs it be exprcfsly
" mentioned by all the Bills of Lading of the Goods, how the Money was taken
" up, with the Date of the Day and the Place, from whom it was taken, and to
" whom it was delivered, and for whofe Account j but the AfTurance being
'• made from a Place, where no Bill of Lading was ligned, it mufl be proved by
" the Contradl de Grqffe, or Bottomry, Qc."
The 4th and 5th Articles, authorifc the Commiflioners to tondemn, from the
fecond Non-Appearance, thofe who the Infurers have cited before the Chamber
for the Payment of Premiums, and to proceed to other Caufes every two Days,
and to condenm upon the third Default.
The Form of a Policy of Infurance upon the Liberty of a Perfon.
W
' E the Underwriters infure you or to whom it
may appertain, --jiz. Each for the Sum hereunder figned, to
on Condition to go every Way, during the whole Voyage, and with Liberty to
touch in all Places and in all Countries in the Way, to advance, retreat, get into
Port,
maritij
»tPar
were
very liJ
An,
Year a|
of 10c
this Pi
Terms!
pcak-
icrs of
aufing
run a
I there
lery in
naking
much,
V, that
vith all
ifurers j
ftick to
Body;
that her
Voyage,
e Ship J
were in
at when
it in the
;ie8, and
ccording
I be pcr-
1 Sailors,
of which
id by the
for other
tary, they
licies in *
urance on
imagining
occauoncn
hnd to the
cjng taken
that, that
,th any one
will by no
sir Liberty,
unate as to
made upon
y at a large
jc exprcfsly
y was taken
iken, and to
ance being
e proved by
n, from the
le Chamber
two Days,
•fon.
to whom it
1 Liberty to
rcat, get into
Port,
0/ I N S U R A N C E S. 305
Port, unload and load, at the Will of the Captran or Mate, whether it is with
the Liking and Confent of the Afllired or his Deputy or not, and that upon the
Body a id Perfon of bound for upon the
Ship (which God preferve) called commanded by Captain
andin Cafe that the faid Ship fliould happen to be lo(l, and not accompli (li her
Voyage, wp run the fame Kifque on the Ship or Ships upon which the laid
may embark, to purfue and finifh his aforcfaid Voyage, be '
it either by Sea or Landj and we only run the Rilcjueufhis being taken, by any
Nation whatfoever, whether Turk, Moor, Barbanan, or other infidel Pirates,
from whom in cafe that the faid happens to be taken,
and ranfomed (which God avert) we promife to pay immediately to the Afliired,
or to the Bearer of thefe Prefents, without any Abatement, each the Sum by us
infured for his Redemption, with the other Charges that this Affair may occufion ;
and that as foon as the Advice fhall be received, and that it (hall appear to m that
he is releafed, or his Ranfom paid, and that the Bills of Exchange have been
accepted ; but the Sums by us mfured muft be employed only in his Ranfom
and concurrent Expences, and for nothing elfc ; and for the Accomplifhment of
the above, we engage our Perfons and Effects, prefent anC to come, fubmitting
them to all Laws and Tribunals of Juftice, the whole fmjerely without Fraud or
Deceit j and we have agreed for the Premium.
So done in Amjlerdam, &c.
Policies of Infurance in Prance, are generally drawn up in the Regiftry Office
of Infurances, in thofe Places where one is eftablifhed j and in thofe Places where
there are none, the Policies may be made either before a Notary Publick, or
under a private Firm.
In foreign Places where French Confuls are fettled, the Policies of Infurance D. deC. P;ig.
may be entered in the Chancery of th •'^onfulate, before two WitnefTes, and nil l^\%^^^l'^
thefe Policies muft mention the Nan d Place of Abode of the Infured, his
Condition, whether Proprietor or A , and the Goods or Effedts on which the
Infurance is made) they muft likewii .ontain the Name of the Ship and Mafter,
the Place from whence the Goods are, or muft be loaded, of the Haven or Port
from whence the Ship is to foil, or ftiall have failed, of the Ports where fhe is to
load and unload, ana of all thofe where fhe is to touch ; they muft alio exprefs
the Tithe when the Rifques are to begin and finifh, the Sums that are infured,
the Premium given, the Submiffion of the contra£ling Parties to Arbitration in
Cafe of Difpute, and all other Claufes in general on which they arc agreed,
according to the Ufe andCuftoms of the Seaj about all which, his moft Chrif-
tian Majefty publifhed an Ordinance in the Month of Augufl, 1681, where, at
Titre 6, du Libre 3, every Part of Infurance is fully diredted.
fiefides the Infurances we have hitherto mentioned, others are made in France,
cklled Secret, or Anonymous ones, which are performed by Correfpondence with
Foreigners, even in Time of War.
It 18 inferted in the Policies of this Sort of Infurance, that it is for a Friend's
Account, whofoever he may be, without naming the Perfon j and in Cafe the
Ship or Merchandizes fo infured happen to be loft, the AfTured muft notify it,
and his abandoning the Infurance (by an Aft in Form) either by the Regifter, a
Notary, or Bailiff, demanding Payment of the Sums infured (in Confequencc of
his Relinquiftiing) in the Time agreed by the Policy.
Infurances are made in maiy Parts of France, particularly in moft of the
maritime Towns ; and the Beginning of laft YcaraChamber of it was eftabliftied
at Paris, with a Fund of twelve Millions of Livres, in which fome Alterations
were made about ten Months ago ; but as the Articles in their Policies differ
very little from the Dutch, I fliall not enlarge on them, to avoid Repetitions.
An Office for Infurances was likewife eltablifhed about the latter end of laft
Year at Stockholm; and another about fix Months fincc at Naples, with a Capital
of 100,000 Crowns. And a Company has been long fettled at Copenhagen for
this Purpofej befides which, large Infurances are made in Norway, and the
Terms generally the fame as in Holland.
|r -m^
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306 0/ I N S U R A N C E «.
All Policies n.ift be made on ftampcd Paper, and no Infuraivcc pcrmlttfj on
Life, Wages, ProviHons, Ammunition, or Matoriali 1 only on Sliip and (JooJ..,
and on thrfe no more than Nine-tenths of their real Value.
The Infurers pay no Average, on Dcmunagc, or Lofles under 3 fitr Cent, nor
on Wool, Hemp, Flax, Sugar, and Stock'hlh, under 10 ptr On/, and the
Laws arc fo rigorous, that if the Infurancc is made for above Nine-tenths of the
real Value (as aforementioned) the. Premium is Gmk, and the Perpetrators fuHTcr
Death.
When a Policy on Goods is figned, the Underwriters are anfwerable for all
Damages they may receive, from the Time of their carryine from the Shore,
until their being duly delivered on Shore again t and if Credit is given on the
Premium, it bears half ^^r Cent. Intereft ptr Month.
On a Lofs of Ship or Goods, the AtTured muft have it notified to the Infurers,
tvith full Proofs j and if the latter do not pay the Lofs within three Months, he
muft pay the Aflured half /<r Cent. Montnly, from the TimK of the Lofs being
notified to him, until its Difcharge.
A Ship bound to an^' Part of Eurepe, and no News heard of her within a
Year and a Day, the Infurance is due ; and if the Voyage is to any other Part of
the World, two Years are allowed j and it is to be noted that a Year and a Day
in Law, is underftood to be a Year and fix Weeks.
Jf the Voyage is altered, and Premium returned, half ^^r Cent, is allowed the
Underwriters, as in other Parts ; and the Infurancc in this Country is void, and
the Capital confifcate, if not made on ftamped Paper.
Fenue, Leghorn, Genoa, and many other Places, have their Underwriters, and
Eretty confiderable Infurances are fometiines made there ; though thofe I have
cforcmentioned are the principal ones where large Sums are underwrote for,
with the greateft Security.
I thought to have added fomething in this Place, on the SubjeA of Averages,
as promi^d at the Conclufion of the Chapter on Salvage, &r. Page 1 38, fuppof-
ing I might have met with fome farther Remarks worth my Reader's Regard, on
examining the Treatife I have now iiniflied on Infurances ; but having run over
what has been faid of it, I cannot find any Room to enlarge without Repetitions,
which I have all along endeavoured to avoid as much as poUible j and though I
propofed concluding this Difcourfe on maritime Affairs with what precedes, I
fhall add the Cofls of . River built Ship put to Sea, in Hopes it may be
agreeable.
A Ship of 1 20 Tons for the Hull 6/. 10 s. per Ton, or thereabout, Mafls and
Yards, and rough Painting included ; Country built.
Ditto, River built, about one Pound per Ton more.
A Ship of 200 Tons for the Hull, bl. per Ton, to 61. 6s, Mafts and Yards
included. Country built.
River built one Pound Difference as before.
Cordage in peaceable Time, from i/. 4^. to 1/. 8j. per C. according to Size
and Goodnefs, one with another.
Iron Work, according to the Size of the Ship, per C.
Joiners Work, extra Painting, Carving, Gfc . according to Agreement.
In all VefTels there muft be Allowance in calculating the Expence of the Outfet
for extra Work.
A River built Ship of lao Tons fitted for Sea, with Men, and Provifions for
three Months, may be done from 12 to 1400/.
A Country built ditto will come under the above Calculation.
A River built Ship of 200 Tons, fitted for three Months, 2000/. to 2600/. in
peaceable Times, when there is only a fmall Expence of Guns and Ammunition,
and the Number of the Men is not fo large as in War, which will make a great
Incrcafe in the Expeoces, according to the fitting out.
Of
0/ ARBITRATORS, ^c.
307
s and
jq/. ia
initioD,
a great
Of Arbitraiors^ Arbitrament^ Arbitration Eonds^ and
Afnardi.
A N AkiiTlATOt ii an extraordinary private Judge, between Party nnd "yf Stmk.
/\, Party, chofcn by their mutual Conlcnts, to determine Cuntruverfics'' "
between them.
And he ii (b called from Arhitrium, (Free Will) aa Tome derive it 1 or becaufc ■ ^'H. Abr.
he haa an arbitrary Power, aa is fuppofed by others i for if Arbitrators obfcrve '>''
the Submiflton, and keep within due Bounds, their Sentences are definitive,
ffom which there lies no Appeal.
The Award of Arbitratort is definitive, and being cho&n by the Parties, they • ^'V- Abf.
are not tied to fuch Formalities of Law, as Judges in other Cafes are, and yetj^^^j^^,
they have as great Power as other Judges to determine the Matters in Variance i
but their Determination mull be certain, and it is to be according to the exprcfs
Condition of the Bond, by which the Parties fubmit themlelvcs to their
Judgment.
It has been a Cuftom tc chufe two, one by each of the contending Parties,
with « Liberty for them to chufe an Umpire in Cafe of Disagreement > Ei^t as this
Method has on many Occafions expofed the Arbitrators to fome Difgulb, from
thofe whofe Differences they were labouring to reconcile, it has been a Pradtico
for fome Time paft, to nominate three in the Bonds, by which Means their dif-
ferent Opinions remain fccret, and confequently unknown to the C-oncerncd,
who are too apt ungeneroufly torefledt on a Determination, which will naturally
differ from the Opinion at leaft of one of the Parties, and excite in an uncandid
Manner a Cenfure, where at leaft their Thanks are due.
The Chancery wUl not give Relief againft the Award of the Ariitraters, except C4<>».. Rep.
it be for Corruption, &c. and where their Award is not ftriAly binding by the *^^;„ ^^
Rules of Law, the Court of Equity can decree a Performance.
When the Arbitrators make an Award upon one Day, they cannot make an- >6 «»». VI.
other between the Parties, on any other Day t nor can they do it Part at one|^"^^^yj_
Time and Part at another, although the Times are within the Submiflion. n.
T hough the Arbitrators may agree upon a Thing one Day, and on another 47 ^*u>- '".
Thine at another Time, and at laft make an Award of the whole. *tiAoi. Entr.
Arbitrators are to award what is equal between the Parties, and not on one Side E„gi 162.
only, and the Performance of it muu be lawful and poflible, alfo the Award muft | 'j^^*^^ *°^^
be final. 241.
If the Arbitrators make an Award of Money to be paid to a Stranger, &r. 2 Samj.
unlefs the Parties have Benefit by it, it will be void. '"• - '"•■'■
And a Party is not to be made a Judge in his own Caufe by Award. { ^^/^ ^,
Where a Thing is to be done on Payment of Money, a Tender of the Money a/,/ c»f. 33.
is as much as an adual Payment.
Adion of Debt may be brought for Money adjudged to be paid by Arbitrators, Brown/. 55.
declaring on the Award; and aub Action of Debt upon the Bond for not perform-
ing the Award-
When there is but one Arbitrator, which happens where the Matter is referred * Rep 98-
to two, and they cannot agree, but leave it to be determined by a third Perfon,
it is called an Umpirage.
But the Arbitrators are to refufe, and declare they will make no Award, before ' '■' ''• Abr.
the Umfire (hall proceed, though an Umpire's Award (hall be good, where the ''°°
Arbitrators make a void Award, which is no Award.
It is faid an Umpirage cannot be made till the Arbitrator's Time is out, and if' ''"'• Rep
any other Power be given to the Umpire it is not good, for two Perfons cannot ''
have a feyeral Jurifdidion at one Time.
But this feems to be contradidted by the Pradtice aforementioned, of nominat-
ing three Arbitrators in the Bond, except the DiftinAion confifts in Sounds only,
as neither of the three is termed an Umpire.
H}
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508 0/ ARBiTRATORS, ^c.
An jlrbilratioH it generally an EfTcdl of Moderation in the contending I'.uties,
who think it more fafe to refer the Matter in difpute to the Dctcrniinatiun ol'
Friendi, than to venture a Trial at Law, more efpetially a» the one it i-oftly, and
the other tranfadlcd gntlis j and the CiviliuHS make a niftcrcnce between Aihlicr
and Arbitrator \ an Arbiter being tied to nrotccd and judge accorditi-j to Law,
mingled with Equity t but an Arbitrator is wholly at his own Diftrction, witli-
Cmw/. out Solemnity of Procefx, or Courfc of Judgment, to hear and determine ihr
Controverfy referred to him, lb a* it be "Juxta Arbitrium bmi V'tri.
Arbitrators ftiould give their Award without entering into Particular*, or
afligning their Rciloiik for it, as this might expofe them to a Chancery Suit from
a difl*ati(fied Party, and it (hould be in Writing, and within the Time limited
by the Arbitration Bondi .
Ln Mir. There (hould be appointed by the Award, fome reciprocal Aft, to be done by
each Party to the other, which the Law requireth to be quid pro ouo, although it
be never fi> final], and reciprocal Acuuittanccs Ihould be dircdtea, cither general
or Mftlculari onei, accordmg at the Nature of the Decifion fhiU require.
The Arbitratort are not to award any thing, whereby any Matter, already
determined by a Decree in Cbanctry, or a Judgment at Cvfimen Law, or any
Sentence judicially given in the Caulc, be infringed or meddled with, for Sen-
tence* ofjudicial Courts of Record arc always of a higher Nature than Arbitrator i
Awards, and juAly challenge both Obedience and Refpedl; though Civilians
themfelves do frequently call Merchants in to their Afliftancc, when the Matter
in Difpute is relative to Trade, and fometimes recommend the Decifion oi' a
mercantile Point to a Trader, after they have long and curioufly debuted it,
without bringing it to a Conclufion.
AxBiTRAMEKT (in Latin Arbitrsuni) is the Sentence or Determination, pro-
nounced by Arbitrators, and publifhed when they have heard all Parties. And
/^/> is either ^<';7<'r<7/ of all Aiftions, Demands, Quarrels, Gfr. or fj)ccial, of fomc
certain Matters in Controverfy i it may be alfo abfolute or conditional.
To every Arbitrament, five Things are incident, viz. Firft, Matter of Con-
troverfy. Secondly, SubmiiTion. Thirdly, Parties to the Submiflion. Fourthly,
Arbitrators. And, Fifthly, ^iw'mguiprhc Arbitrament.
Arbitrators cannot refer Arbitraments to others, if the Submiflion be not (o,
but an Arbitrament that one fhall releafc to another, by Advice of a certain
Perfon, this is good, becaufcf it is a Reference only fur the Execution of it.
Submiflions to Arbitraments are ufually by Bund, and the Parties who bind
themfelves, are obliged to take Notice of the Award, at their Peril; but Things
relating to a Freehold, Debts due on Bond, or on certain Contract, Criminal
Offences, &c. are not arbitrable.
For ending Suits by Arbitrament, the following Adl is the only *ne made in
any late Reign, viz.
After the 1 ith of May 1698, all Merchants and Traders, and others, dcfiring
to end any Controverfy, Suit, or Quarrel, (for which there is no other Remedy,
but by perfonal Adtion or Suit in Equity) by Arbitrament, may agree, that thenr
Submiflion of the Suit to the Award, or Umpirage, of any Perfbn or Perfons, ihall
be made a Rule of any of his Majefty's Courts of Record, which the Parties (hall
chufe, and may infert fuch their Agreement in their Submiflion, or the Con-
dition of the Bond of Promifc ; and upon producing an AJfidavit of fuch Agree-
ment, and upon reading and filing fuch Aflidavit in the Court fo chofen, the
fame may be entered of Record in fuch Court, and a Rule of Court (hall he
thereupon made that the Parties fball fubmit to, and finally be concluded by fuch
Arbitration or Umbrage : And in cafe of Difobedience thereto, the Party neg-
lecting, or refufme, fhall be fubjedt to all the Penalties of contemning a Rule of
Court, and Procefs fhall ifTue accordingly, which fhall not be flopped or delayed,
by any Order, &c. of any other Court, either of Law or Equity, unlefs it appear
on Oath, that the Arbitrators or Umpire mifbchaved themfelves, and tlut fuch
f, 2, Award was corruptly or unduly procured.
Any Arbitration or Umpirage, procured by Corruption or undue Means, fhall
be void, and fet afide by any Court of Law or Equity, fo as fuch Corruption or
undue PradUce be complained of^ io the Court where the Rule is made for fuch
- ^ Arbitratio/:,
t Rep. 9S.
thrd. 44.
Jni. Ctl.
119.
Dsnt. Abr.
9 Rep. 78.
I Rtli. Abr.
»44i 3+»-
ll.C. 15.
f. I.
•si
0/ A R B I T R A T O R S, ^c.
Arbitr^tim, bdbre the 1«A Day of the next Term, after fuch Aibitratitn made
tnd publiflMd to thiB Partiet.
jiU Arbitiiation Bono.
KNOWALLMENbv thefe Prefcnti. that I J. B. of the Parifh. Sfc. in
the County, Cfc. Merchant, am held and firmly obliged to C. D. of, GTr.
in the County aforefaid* Efqi in— —Pound*, of good and lawful Money of
Crtat-Britam, to be paid to the faid C. D. or hi* certain Attorney, his Executors,
Adminiftrators, or Afligni, to which Payment, well and truly to be made, I
oblige mvfelf, nw Heirt, Executon, and Adminiftratori, firmly by thefe Prefents,
(ealed with my Seal, dated at on the Day of
in the Twenty-fourth Year of the Reign of our Sovereign Lord Kin^ Gtorgi II.
and in the Year of our Lord God, one thoufand fcven hundred and fitty-one.
The Condition of thii Obligation ia fuch, that if the above bound A. B. his
Heirs, Executors, and Adminiftrators, for his and their Parts and Bchalfs, do
in all Things well and truly ftand to, obey, abide by, perform, fulfil, and keep
the Award, Order, Arbitrament, final End and Determination of E. F. and
G. U. Arbitrators, indifferently named, eledlcd, and chofen, as well on the Part
and Behalf of the above bounden A. B. as of the above-named C. D. to arbitrate,
award, order, judge, and determine of, ar,d concerning all, and all Manner of
AdUon and Aiftions, Caufe and Caufesof Adiuns, Suits, Bills, Bonds, Specialties,
Judgrnents, Executions, Extents, Quarrels. Controvcrfics, TrcfpafTcs, Damages,
andDcnuuida whatfoever, at any Time or Times, heretofore had, made, moved,
brought, commenced, fued, profecutcd, done, fuffcrcd, committed, or depending,
by or between the faid Parties, fo as the faid Award be made, and Kivcii up in
Writing, under their Hands and Seals, ready to be delivered to the faid Parties, on
or before the next cnfuing the Date abovementioned : H'lt if
the faid Arbitrators do not make fuch their Award of, and concerninff the Px-
mifes, by the Time aforefaid, that then if the faid A. B. his Heirs, Executois,
and Adminiftrators, for his and their Part and Behalf, do in all Things well, and
truly ftand to, obey, abide by, perform, fulfil, and keep the Award, Order, Arbi-
trament, Umpirage, final End, and Determination of 7. K. Umpire, indifferently
chofen between me faid Partiri, of, and concerning the Premifes, fo as the faid
Umpirage do make his Award or Umpirage of, and concerning the Premifes,
and deliver the fame in Writing under hia Hand and Seal, to the faid Parties, on
or before the next cnfuing the Date abovefaid, then
this Obligation to be void, or otherwise to be* and remain in full Force and
Virtue. A. B.
309
ins, (hall
iption or
for fuch
bitratio;:.
Signed, fiaUd, and delivered
in the Prtjenee tf Note, if there is no Umpire, the latter Part
It. M. muft be omitted, viz. from, iut if tie
N. O. Jaid Arbitraton, &cc.
Though as I have before obferved, it is
now cuflomary to chufe three Arbitra-
tors, and have them nominated ia the
Bonds.
The aferefaid Bond muft be mutual between the Parties, and the following
Claufe may be added at the End of the Condition, as the Agreement mentioned
in the oreceding AA of Parliament, vm.
And the abovementioned A. B. doth agree and dcfire, that this his SubmifHon
to the Award abovementwned, be made a Rule of his Majefly's Court of King's
Bench, for any other Court tf Record) purfuant to the late Adik of Parliament tor
this Purpofe provided, and the like for the other Party fubmitting to fuch Award.
Award is the Judgment and Arbitration of one or more Perfons, at the
Requeft of two Parties who are at Variance, for ending the Matter ia Difpute,
without publick Authority} and may becdled an Award, becaufe it is impofed
on both Parties to be obferved by them» Diiium, quod ad Cuftoditndum, feu Ob- ^f/oh
frvandum, Partibus imfonitur.
4K An
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861.
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10 R p
2 Su^n./
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548.
Dyir 14
2O9.
7.73.
10 Rtp.
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lb
7/y.iv.ji.
Dyir 183.
/>)/r 116.
2 Cio. I 3c.
S Rep. 79.
Plo'Vu.i. J06,
10 Rep. 1J2.
iV 216.
9 Rep. 7>.
98.
5 Rep. Waff*
18.
I Cro. 688.
I>: ,.
0/ A R B 1 T R A T O R S, ^c,
All Award may be by Word or in Writing, but is ufually given in the latter,
and muft be cxaftly according to the Submiflion. If an Awardhc according to
the Submiflion by Bond, though it is void in Law, if it be not obferved, the
Obligation will be forfeited.
Where Arbitrators award a Thing againft Law, it is void} if more is awarded
than lubmitted, the Award will be void; but when an ^war^/ feems to extend
to more than in the Submiflion, the Words </f & fuper pramtffis, rcftrain it to the
Thing fubmittcd.
An Award may be void in fomc Part, and good in another Part, if it makes
an End of all the Differences fubmittcd; and if an Award he good in Part, and
void in Part, the good ftiall be performed.
An Award without a Deed of Submiflion will be good, bar of a Trefpafs.
But the Delivery of the Award in Writing, under Hand and Seal, ^c. mufl;
be pleaded, and be exaftly replied to by the Plaintiff, in Aftion of Debt on an
Award, or it will be ill on Demurrer.
The Submiflion to an Award may be by Bond, Covenant, or by an AJfumpfit
or Fromife, or without all this, by a bare Agreement, to refer the Matter to fuch
a Perfon or Perfons.
A Huiband may fubmit to an Award, for himfelf and his Wife, for her Goods
and Chattels, to bind her; but an Infant mr.y not make ar Jubmiflion to an
Award, or any other for him, for it will be void.
If feverai Perlbns do a Wrong to a Man, and one of thcfe, and he to whom
the Wrong i.s done, fubmit to an Award; the other Perfons who were no Parties
to the Submiflion, may take Advantage ofit, to extinguiHi the Wrong.
And where the y^iiwr^ of Rccom pence for a Wrong done, is performed, that
Wrong is altogether determined; alio the ^w<7;v/of a perfonalCnattel, doth alter
the Property of it, and give it to the Party to whom awarded, that he may have
Detinue for it.
A Submiflion is of all Aftions and Demands, G'c. though there be but one
Caufe or Matter between them ; an Award may be made for this : And where
two Things are fubmitted, and the Award but one, it is good, if the Arbitrators
have no farther Notice of the other ; though if it be of three Things, or fomc
Particulars with a general Claufe of all other Matters, in that Cafe they mufl:
make the Award for the Things particularly named, without any other Notice
given.
If the Submiflion be by diverfe Perfons, and the Arbitrators award between
fome of them only, this is good; but if a Submiflion is of certain Things in
Special, with a Provljb in the Condition, that the Award be made of the
Premifles, &c. by fuch a Day, there the Award muft be made of all, or it will
be void.
An Award of all Adions Real, when the Submiflion is of Adions Perfonal, is
not good.
Yet if the Submiflion be of things Perfonal, and the Award is, that one of
the Parties fliall do an Aft Real, in Satisfaftion of a perfonal Injury, fSc. or a
SubmilHon be of one Thing, and the Award tmAc of lomcthing incident to, or
neceflarily depending upon it ; or if the Submiflion is of all Aftions real and
perfonal, and the Award only of Matters perfonal, Gff. it will be good in thefe
Cafes, if nothing elfe is notified to the Arbitrators.
!S.n Award m^Ac only on one Side, without any Thing on the other, is void
in ' ^.w i as that one fhall pay or give Bond for Money to the other Party, and
he rlu nothing for it ; but if it be to give Bond to pay, or to pay a Debt, and
that the other fliall be difcharged of the Debt, Gfr. this is good; fo where it is
that one Party fliall pay Money to the other, and then the other (hall releafe all
Aftions to him.
If diverfe Trcfpafles be referred to Arbitrament, and the Award is, that one
of the Parties fliall make the other Parties Amends, or give a Releafe, and fay
not what Amends or what Releafe, Gff . it is void for Uncertainty.
Award Vf AS, that each Party fhould give to the other a general Releafe of all
Demands, provided, that if either of them diflike the Award, within twenty
Days after made, and within that Time pay 10/. the Arbitrament to be void ;
it
that one
and fay
void ;
Of A R B I T R A T O R Sj ^e. %tt
it was held, that the firlt Part of the Award was good, and the Prtmifo repugnant
and void.
Arbitrators are to make their Award Secundum allegata & probata (according 4 R«p Sj.
to V'hat is alledged and proved) but they may not enjoin any Oath to the Witnef Bmunl. ji i ,
ks i the Award ought to be pubHlhed j and no one is bound to perform^ till he
can know what the Award is.
A Submiilion to Award m^y be revoked, and countermanded before the Award % Rep. 78.
made, where there is no Specialty to abide the Award of ]. S. &c. ««•
A Submiffion was to an Awardhy Bond, and at the End of the Condition oisait.-jt.
the Bond, was this Chiufe j and if the Obliger Jhall confcM that this Submiffion jhall^^ ^^
be made a Rule of Court, that then, &c. upon Motion to make this SubmifTion a
Rule of Court, it v/as oppofp:', becaufe thefe Words do not imply his Confent;
but if he would forfeit ' . Bond, he need not let it be made a Rule of Court ;
yet becaufe this Claufe could be inferted for no other Purpofe, the Court took
the conditional Words to be a fufficient Indication of Confent, and made the
Award a Rule of Court.
A Matter was referred by Confent at Niji Prius, to the three Foremert of the Saik. 73.
Jury ; and before the Award was made, one of the Parties ferved the Arbitrators ^fj°h. «
with Suhpeena out of Chancery, which hindered their Proceedings to make the
Award. And the Court held this a Breach of the Rule, and granted an Attach-
ment NiJi Caufa.
Upon a Submiffion to the Award of the three Foremen of the Jury, who made Sali. 73.
their Award, the Defendofit moved to fet it afidc ; becaufe they went on without ?'• "•
giving him Time to be heard, or tj produce a Witnefs; and Holt, Chief Juftice,
faid, the Arbitrators being Judges of the Party's own chufing, the Party fhall not
come and fay, they have not done him Juftice ; and put the Court to examine its
Aliter, where they exceed their Authority j however, the Award was examined
and confirmed, and the Plaintiff' movzA. for an Attachment for not performing it;
and the Court held, that the Non-performance while the Matter was fub
Judice, was no Contempt ; then the Plaintiff moved for his Cofts, and that was
denied j upon which Powel, Juftice, faid, that leeii.j they could not give the
Party any Cofts, he ftiould never be for examining into y^^—ds again.
H. bound himfelf in a Bond, to ftand to the Award of I. S. which Submiffion Sn/-' 73.
was made a Rule of Court. The Party for whofe Benefit the Award was made, P''
moved the Court for an Attachment of Non-performance, which was granted •
pending that, he brought an Adlion of Debt upon the Bond ; upon this Serjeant
Darnell moved, that he might not proceed both Ways, and likened it to the
Cafes, where the Court ftays Adlions on Attornies Bills, while the Matter is
under Reference before the Mafter, fed per Curiam. The Motion was denied,
and this Difference taken; where the Court relieves the Party by Way of Amends
in a fummary Way, as in the Cafe cited, there it is reafonable ; otherwife here,
where the Plaintiff has no Satisfaftion upon the Attachment, and the Defendant
was put to anfwer Interrogatories.
Attachment lies not, for not performing an Award made upon a Rule of Court, Sa/t. sr.
without a perfonal Demand. Holt, Chief Juftice, remembered the firft Attach- P'- '•
ment of this Kind, was in Sir John Humble's Cafe, in Keyling's Time, in which,
and ever fince, a perfonal Demand has been thought neceffary. In fuch Cafes of
Awards, tho' tliiy be not legally good, an Attachment lies for Non-performance ;
Aliter, if impoffible ; but the Party is excufed as to that Part which is impoftible
only.
Debt, an Obligation to perform an Award, which was, that the Defendant 1 &». «n.
fhould enjoy a Houfe, of which the Plaintiff was Leffee for Years, during the
Term, paying to the Plaintiff tos. yearly ; and for Non-payment of this, the
Action was brought ; and it was held to he.
The Form of an Award made by two Arbitrators 6n a Suhm\jfion.
'T^O ALL People to whom this prefent Writing indented of yfw<7r</ fliall
•*■ come. We E. F. of Off. and G. H. of &c. fend greeting. Whereas there
are feveral Accounts depending, and diverfc Controverfies and Difputes have
lately
1
'i
1 \> 'iV«
■t I
■*t1
I
h ^
^^r'
If,
I
^
312 0/ A R B I T R A T O R S, ^f.
lately arifen, between A. B. of &c. of the one Part, and C. D. of (^f . of the
other Part, touching and concerning, &c. And whereas for putting an End to
the faid Differences and Difputes, they, the faid A. B. and C. D. by their feveral
Bonds or Obligations, bearing Date, Gff. are reciprocally bound each to the
other, in the penal Sum of&c. to Aand to, abide, perforin, and keep the Award,
Order, and final Determination of us, the faid E. F. and G. H. Arbitrators, in-
differently chofen, between the faid Parties, to arbitrate, C-V. {as in tie Bond) fo
as the faid Award be made in Writing, under our Hands and Seals, and ready
to be delivered to the Parties in Difference, on or before G?f. next, as by the
faid in Part recited Bonds, or Obligations, with the Conditions thereunder written
may appear. Now know ye, that we the faid Arbitrators, whofe Names are
hereunto fubfcribed, and Seals affixed, taking upon us the Burden of the faid
Award, and having fully examined, and duly confidered tlic Proofs and Allega-
tions of both the faid Parties, do, for the fettling Amity and Friendfliip between
them, make and publifli this our Award, by and between the faid Parties, in
Manner following; that is to (z.y,jirji. We do award and order, that all Adlions,
Suits, Qiuirrels, and Controverfies whatfoever had, moved, arifen, or depending
between the faid Parties, in Law or Equity, for any Manner of Caufe whatfoever,
touching the faid Premifes, to the Day of the Date hereof, fhall ceafe and be no
farther profecuted; and that each of the faid Parties fliall bear and pay his own
Cofls and Charges, in any wife relating to, or concerning the fame rremi£cs ;
and we do alfo award and order, that the faid A. B. fhall pay, or caufe to be
paid to the faid C. D. the Sum of (3c. within the Space of &c. And farther,
we do .b"reby award and order, that the faid C. D. fhall, on or before fi^f. pay
o*- rzaie to be paid to the faid A. B. the Sum of &c. or give fufficient Security
for the fame to the faid A. B. And lajlfy, we do award an^ order, that the faid
A. B. and C. D. on the Receipt of the feveral Sums of &c. fhall in due Form of
Law, execute each to the other of them, or to the other's Ufe, general Releafes,
fufficient in the Law, for the Releafing, by each to the other of them, his Heirc,
Executors, and Adminiflrators, of all Adlions, Suits, Arrefts, Quarrels, Con-
troverfies, and Demands whatfoever, touching or concerning the Premifes afore>
faid, or any Matter or Thing thereunto relating, from the Beginning of the
World to the Day of the Date, &c. {iere mention the Date of the Arbitration Bonds)
lafl pafl. In Wttnefs whereof we have hereunto fet our Hands and Seals, the &c. in
the Tear, &c.
An Umpirage, for want of a Determination by Arbitrators chofen.
'X^O ALL &c. I /. K. of &c. fend greetiig. Whereas there are feveral Accounts
■*• depending, &c. {here go on as in the former Award, until you come to) to fland
to &c. the Award, Order, and final Determination, of jE. F. of &c. and G. H.
of&c. Arbitrators, indiffisrently chofen, between the faid Parties, to arbitrate,
&c. {as in the Conditions of the Bonds) fo as the faid Award was made in Writing,
under the Hands and Seals of the faid Arbitrators, and ready to be delivered to
the Parties in Difference, on or before &c. lafl paflj and if the ft id Arbitrators
did not draw up the faid Award in Writing, and deliver the fame as aforefaict,
on, or before tne faid, &c. then the faid Parties were to ftand to, abide, obferve,
perform and keep the Award, Umpirage, final End and Judgment of me, tlie
faid /. K. Umpire indifferently chofen, between the faid Parties, for the Com-
poflng and Ending of the Differences aforefaid ; fo as my faid Award, Umpirage,
and Determination be made in Writing, under my Hand and Seal, and ready to
be delivered to the faid Parties, on or before &c. as by the faid in Part recited
Bonds or Obligations, with the Conditions thereunder written may appear.
And whereas the faid E. F. and G. H. did not make up their faid Award between
the faid Parties, within the Time limited by the faid in Part recited Bonds or
Obligations, as aforefaid ; whereby, and on which Account, thft Compafling,
Ending, and Determining, of the faid Differences and Matters in Difuute now
depends wholly upon me. Now know ye, that I, the faid /. K. havmg taken
upon me, the Bunnefs and Charge of the faid Award and Umpirage, and being
willing to fet the faid Partias at Peace and Concord, by making a final End of
the
If' ;
of the
End to
■ fevcral
1 to the
Award,
ors, in-
3o«<0 fo
id ready
by the
written
mes are
the faid
AUcga-
betwecn
irties, in
Aftions,
:pending
atfocver,
jid be no
his own
•rcmifcs ;
ie to be
d farther,
fi?f. pay
[ Security
It the faid
! Form of
Releafes,
his Heirs,
els, Con-
ifcs aforc-
[ig of the
Uon Bonds)
the &c. in
n.
0/ ARBITRATORS, ^c, 315
the Controvcrfies between them ; and having deliberately and at large, heard,
examined, and duly confidered, the Grievances, Allegations, Titles, Vouchers,
and Evidences of both the faid Parties, in Relation to the feid Premifes in Dif-
pute, do make, publifli, dccl^ic, and deliver this my Award, or Umpirage, in
the Manner following ; that is to fay, Pirji, I arbitrate, award, judge, order,
and determine, that ^c. {here infert the feveral Particulars of the Aiaard) in
Witnefs, Off.
An Award or Umpirage by a /ingle Perfon eleSted to arbitrate.
TO ALL &c. I E. F. of &c. fend greeting; Whereas, &c. {Here go on as in
the Award made by two Arbitrators, until you come to, ftand to &c.) the
Award, Order, and final Determination of me the faid £. F. indifFerently eleAed
and chofcn between the faid Parties, to arbitrate, &c. {as in the Conditions of the
Bonds) fo as my faid Award or Umpirage be made in \/riting, under my Hand
and Seal, and ready to be deliverea to the faid Parties, on or before, £cc. as in
and by the faid in Part recited Bonds, or Obligations, and the Conditions thereof
m:iy appear. Now know ye, that I, the faid E. F. {here go an as in the laji Pre-
cedent) m Witnefs, &c.
'The Form of a SubmiJJion to an Arbitration, in Order to make it a Rule of Court.
DE it remembered, that A. B. of &c. and C. D. of &c. being deflrous finally
■*^ to end and determine diverfe Controvcrfies, Suits, and Quarrels, that have
lately arifen between them, did on &c. agree to fubmit, and refer all the faid
Controvcrfies, Suits, and Quarrels to the Award and D«termination of £. F. of
&c. and G. H. of &c. Arbitrators, for that End indiflFerently chofcn, by the faid
Parties ; which faid Award is to be made in Writing, under the Hands and Seals
of the faid Arbitrators, and ready to be delivered to the faid Parties, on or before
&c. And the faid Parties did mutually promife and oblige themfelves, that they
would obey, perform, and execute fuch Award, as the faid Arbitrators fhould
make in the rrcmifcs. Now the faid Parties do farther agree, that the faid
Submiffion fhall be made a Rule in his Majefty's Court of &c. at Wejiminjler,
and that they will be finally concluded by the Arbitration that fhall be madte iq
the Premifes by the faid Arbitrators, purfuant to fuch Submifiion. Witneji, &c.
I fhall add to the preceding Specimens, the Form of a general Releafe as Part
of an Award ; and with it fhut up this Chapter.
KNOW all Men by thefe Prefents, that I A. B. have remlfed, releafed, and
for ever quit-claimed, and by thefe Preffcnts, do, for me, my Heirs, Executors,
and Adminiftrators, rcmife, releafe, and for ever quit-claim» unto C. D. his Heirs,
Executors, and Adminiflrators, all, and all Manner of Actions, Caufe and Cauic?
of Adtions, Suits, Bills, Bonds, Writings, Obligations, Debts, Dues, Duties, Ac-
counts, Sum and Sums of Money, Judgments, Executions, Extents, Quarrels,
Controvcrfies, Trcfpaffes, Damages, and Demands whatfoever, both in Law or
Equity, or othcrwife howfoever, which againfl the faid C D. I ever had, now
have, and whicii I, my Heirs, Executors, and Adminiflrators, fhall, or may
have, claim, challenge, or demand, for, or by Reafon, or Means of any Matter,
Caufe, or Thing, from the Beginning of the World, to the Day of the Date of
thefe Prefents. In tVitnefs whereof, 1 have hereunto put my Hand Seal, and the
Day of 6cc.
A.B^
Scaled and delivered in the
Prcfence of
R.M.
S. E.
\i'kMt^,
\ V
1 ^^j,'"^""™-"
•i VL^TA
K>
4L
Of
3»4
0/ A L I E N S, &*€.
'■.^.■■■ V
0'i
*; Sthi.
c. a.
III.
7 Rep.
1 1 and 1 1
»'///. III.
c 6.
7 Rep. 1 1 .
Cro, Cir. 6oj
Dmv. Abr.
7 Rep. 1 8.
C«.7«<-.539,
5 Rep. 501.
Of Aliens^ Naturalization^ and Denization,
AN ALIEN is one born in a ftrange Country, out of the Allegiance of the
King, being quite contrary to a Denizen or natural Subjedl ; though a
Man born out of the Land, provided the Place of his Nativity be in any of his
Majeftjf's Dominions beyond Sea, or born of Englijh Parents, out of the Obedience
of the King, if the Parents at the Time of his Birtb were of fuch Obedience, is
no Alien.
And if one born out of thfc King's Obedience, come and refide in England, his
Children begotten and born here, are not Aliens, but Denizens.
All Perfons being the King's natural born Subjedts, may inherit, as Heirs, tho'
their Anceftors were Aliens.
If an Ambaflador have any Children in a foreign Country, by a Wife, ^o is
an EngliJ}} Woman, they are by the Common Law natural born Subjects, and
not uSiens.
And if an Englijh Merchant refiding beyond Sea, marries a VVoman of the
Country by whom he has a Child, and then dies, this Child is born a Denizen,
and fhail be Heir to him, notwithftanding the Wife bean Alien.
Thofe which are born in the Englijh Plantations, arc Subjedt-s born, as arc thofe
likewifc born on the King of England's Seas.
There are two Incidents that are regularly neceflary to make one a SubjcA born :
Firfl, that his Parents at the Time of his Birth, be under the aAual Obedience
of the King; or. Secondly, that the Place of his Birth be within the King's
Dominions.
It is the Place of Birth that makes the Dilability of an Alien, to have Lands,
6cc. the Blood is not the Difability, but the Place where born.
An Alien can hold no Land by Defcent or Purchafe, or be Tenant by the
Courtcfy, or in Dower.
An Alien may purchafe a Houfe for Years, for an Habitation during his Refi-
2.129. dcncy, neceflary for his Trade, ^tho' not Lands) and if he, being a Merchant.
^ " 7*'- leaves the Realm, the King fliall have the Leafe ; and if he dies here pofTefled
thereof, his Executors, or Adminiftratcs, fhall not have it, but the King, he
ha ving it only as a Habitation for his Trade ; and if an Alien be no Merchant,
the Kmg fhall have his Leafe for Years, tho' it were for his Habitation.
Pa/ck 79. The Law is the fame if he takes a Leafe of Meadows, Lands, Woods, or Paf-
£/iz. Sir tures ; the King 'hall have the fame, for the Law provides him nothing but an
Zt^'hv'thl' Habitation, to trade and traffick in as a Merchant.
An Allen can have no real, or pcrfonal Adtion for, or concerning Lands, Tene-
ments, or Hereditaments, to him and his Heirs; albeit he can have no Heir, yet
he is of Capacity to take a Fee Simple, but not to hold; for the King upon O^ce
found (hall have it by his Prerogative.
A Devife of Lands to an Alien is void.
And if a Man be bound to an Alien Enemy, in an Obligation, the Bond is void
to him, but the King will have it.
Aliens may obtain Goods, and perfonal Eftate, by Trade, &c. and may main-
tain Adions for the fame ; they may aifo have Adtion of AOault and Battery,, and
for Support of their Credit.
But tney cannot bring any real Adlion, unlefs it be for a Houfe, for a neceflary
Habitation, being for the Benefit of Trade.
And an Alien Enemy cannot maintain any Adlion whatfoever, nor get any
Thing lawfully within this Realm.
Aliens living under tlie Protcdtion of the King, may have the Benefit of a
general Pardon.
No Alien fhall be returned on any Jury, nor be fworn for Trial of IfTues between
Subjcdl and Subjedt, &c. but where an Alien is Party in a Caufe depending, the
Inquefl of Jurors are to be half Denizens and half Aliens; but in Cafes of High
Treafon this is not allowed.
An
7R*p.
I I nil.
18.
Cafe by clie
Judges.
I Inft. 2.
4 Lnii. it.
I Ltv. cq.
Vum/, Abr.
322.
I Bul/l. 134
7 Rep.
Terms t/e Lij
36.
Hsk. 2; I.
2 Inftjt. 17.
ft.
I thofe
An
0/ ALIENS, ^c, 315
An Alt'efi fliall not have any Vote in the Choice of Knights of the Shire, or '^»* vo-
Burgeffcs to Parliament.
And all Mem are incapable of being Members of Parliament, enjoying m mil. ill.
Offices, &c. <^ »•
If an Aftion is brought againft an Alien, and there is a Verdidl, and Judgment 1 Brmwi. 4*.
againft him, yet he may bring a Writ of Error, and be Plaintiff there, and that
fuch Plea is not good in that Cafe.
Though an Alien may purchafe and take that which he cannot keep or retain, GtUjhmr. f«l.
yet the Law hath provided a Mean of Inquiry before he can be diveAed of the 1?: i^>'}- \<»
lame, for until fome OJfice be found, the Freehold is in him. ^Iwi. p'JgA
And this Office, which is to gain the King a Fee, or Freehold, muft be under c»re, foi. 5*.
the Great Seal of England, for a Commiffion under the Exchequer Seal is not iifMr«4.
fufficicnt to entire the King to the Lands of an Alien born, for the Commiffion 'f^'^* "*'•
is what gives the King a Title, for before that he hath none. ''^"''
An yf//Vn cannot parchafe Lands for his own Benefit, but he may for that of fl/"-j8i.
the Crown ; therefore if Land be devifed to an Alien, the Crown fhall have it ; g"'*'"' f *^*
yet if an Alien, Tenant in Tail, fufFers a common Recovery before Office found, iii,i'n,
the Recovery is good. '36-
If an Alien, and a Subjedl born, purchafe Lands to them and their Heirs, they 3 Cf. uj.
are Joint tenants, and flaall join in Affize, and the Survivor fhall hold Place till '''''»''• ^om.
Ofice found. '•'7-
By the finding of this Office, the Party is out of PofTeffion, if the fame be of
Houfes or Lands, or fuch Things as do lie in Liver,' ; but of Rents, Common,
Advowfons, and other Inheritances incorporeal, which lie in Grant, the Alien is
not out of PofTeffion, (be they Appendant or in Grofs) therefore if an Inform-
ation or an Aftion be brought for the fame, the Party may traverfc the Office,
in that Court where the A^ion or Information is brought for the King.
And if the King obtains not the PofTeffion within the Year after the Office • 19 Aflize,
found, he cannot fcize * without a 5«rf FatVflj. 30j.3'. 3Jf .
An Alien Infant under the Age of twenty-one Years, cannot be a Merchant ^^ *'^"»'*'*
Trader within this Realm, nor can he enter any Goods in his own Name at the "3 «n<i i*
Cuflomhoufe. ?'Ja'*"'
If an Euglijhman fhall go beyond Sea, and fhall there fwear Allegiance to any i4aiidi5A
foreign Prince or State, he fhall be efleemed an Alien, and fhall pay the fame Im- VUI.c. 4.
Eofiti'>n as they i but if he returns and lives in £ff^/d»</, he fhall be reflored to
is Liberties.
An Alien Enemy commosant here by the King's Licence, and under his ^"rf *g».
Protedtion, may maintain Debt upon Bond, although he came not with fafe ' ''
Conduct.
The eldefl Son ofan^/fVij (being alfo an .^/ft?«) cannot inherit, but the Land fhall Cr$.jac. 539
deftend to the Younger Brother, if a Denizen j as for Inflance, if there be three ??* *"'' *'•
Brothers, of which the eldefl is an Alien, the other two naturalized, and the '* "*''"
middle Brother purchafes and dies without IfTue, the younger Brother fhall have
the Land.
Concerning the Rule of Defcent, a Proximity of Blood is not fo much to be
regarded as the Municipal Laws of tlie Country in which the Queflion arifeth,
for the feveral Laws of diverfe Kingdoms have varioufly difpofed tlie Manner of
Defcents, even in the fame Line and Degree of Nearnels j for Inflance, the
Father certainly is as near of Kin to the Son, as the Son is to the Father, and is
nearer in Proximity than a Brother, and therefore fliall be preferred as next of
Kin in Adminiflration to the Son's Eftate.
According to the Laws of England, the Son's dying without IfTue, or Brothers Lii. r. 3.
or Siflers, the Father cannot fuccced, but it defcends to the Uncle.
There are two Kinds of Defcent, according to the common Law of this >li>ii- lo-
Realm, viz.
id. Lineal, from the Father, or Grandfather, to the Son, orGrandfonj and ^"Vi Hit
adly. Collateral, or Tranjvcrfcd; as from Brother to Sifter, Uncle to Nephew, *^J^[^^^_
and t converfo : And both thefe again are of two Sorts :"
I ft. Immediate, asinLineals, from Father to Son ;
adly
7'/ 1
3i6
ty ALIENS, &*€,
i
IS;-
V .i.
ru-
!;<"
Ir
rf
■''.f
Gr.f. de Jar* adlw Mediate, at in Lineals, from Grandiather to Graixlcltild j where the
"'"' "c!*?! Father dying in the Life-time of the Grandfather, is the Medium Differens of the
Lib.
Deicent, Collateral, as in Lines!, from Uncle to Nephew, or e converfo.
And this mediate Defcent, or mediate Anceftor, though to many Purpofes it
may be immediate j for the Father dying in the Life-tinxe of the Grandfaihcr,
the Son fucceeds in Point of Defcent in the Lands immediately to the Grand-
father; and in a Writ of Entry (hall be fuppofed to be in the Grandfather, and
not in the pofl & cui.
This is called a mediate Defcent, becaufe the Father is the Medium through
whom tlr'iSon derives his Title to the Grandfather.
In Immediate Defcents there can be no Impedim .'nt but what arifes in the
Parties themfelves ; for Inftance, the Father fcized of Lands, the Impediment
that hinders the Defcent, muft be in the Father or Son, as if c-'her of them be
an ^/ien.
* In Mediate Defcents the Difability of being an A/ien, in him that is called the
Medius Anteceffor, will difable a Perfon to take by Defcent, though he himfelf
have no fach Difability.
In Lineal Defcents, if the Father be an Alien, and hath Iflue a Denizen born,
and die in the Life-time of the Grandfather; the Grandfather dies feized, the Sou
fhall not take, but the Land fhall efcbeat.
In Collateral Defcents, A. and B. Brothers : A. is an Alien, anc* has Ifliie C.
a Denizen born; B. purchafes Lands, and dies without liTue; C. Hiallnot inherit,
becaufe A. which was the Medius Antecejfor, or Medium Difi'erens, is incapable.
But in any Defcents, the Impediment in an Anceftor, who is not Mediui An^
teceffbv, from whom, and to whom, will not impede the Defcenc.
As for Inftance ; the Grandfather and Grandmother being both Aliens, have
Iflue, the Father, a Denizen, who hath Iflue the Son, a natural born SubjeSt ; the
Father purchafes Lands, and dies, the Son ihall be Heir to the Father, notwith-
ftanding the Difability of the Grandfather (and yet all the Blood that the Father
hath, is derived from his difabled Parents) for they arc not Medii Antecejores,
between the Father and the Son, but paramount.
The Law does not hinder, but that Aan lien is of the fame Degree and Relation of
Ca,„g-tC^,Confanguinity, as natural bom Subjeils, or Denizens born, the Son, the Father,
* and Brother, thd' Miens ; the Son, Father, and Brother, our i^aw takes Notice
of as well as natural born Subjedls ; and fo it was adjudged, for he (hall be pre-
ferred in Adminijlration, though an Alien, as next of Kin.
29 EJ lir. K"t ••* Cafes of Inheritance, the Law takes no Notice of him, and therefore, as
Tit.Cozenigc he (hall not take by Defcent, fo he fhall not impede the Defcent to the younger
*■ Brother; as for Inftance, A. an Alien, B. and C. naturalized by Aifl of Parlia-
ment ( " Brothers) B. purchafes Lands, and dies, ^«^ Prole (witliout Iflue) C.
fhall inh.i-it, and not A.
Kam/iytCzfe. A. an Alien, B, and C. his Brothers, both naturalized by Aft of Parliament j
in Com 'aan. ^" pMr^-'hafes Lands and dies without Iflue, the fame fliall not come to A. nor to
his Ilfue (though a Denizen) but fliall come to C. and his Iflue ; the Law taking
lio Notice of A. as to impede the Succeflion of C. or his Iflue, though it work a
cofifequential Difability, to bar thelfliue of A. parallel to what. the Law calls Cor-
ruption of Blood, which is a Confequent of Attainder.
Again, in Lineal Defcent, if there be a Grandfather, a natural born Subjeft,
the Father an AKen, and the Son a natural born Subjca ; tlie Father is made a
Denizen, yet he fliall not inherit the Grandfather; and if the Father dies in the
Life of the Grandfather, the Grandchild, though born after the Denization, doth
not remove either the perfonal, nor confcquential Impediments, or Incapacity
of the Father.
In C.allateral Defcents, the Father, a natural born Subject, has IlTue two Sons
" Alie-is, whc are both made Denizens ; one dies without Iflue, the other fliall not
in' it him.
2 "/(T'j Ae'' ■'*• *" Alien, marries an EngUfh Woman, who is feized of Lands, and has Ifliuc,
% ' ' the Father and Mother die, yet the Iflue may inherit the Mother, mn objlantt
y^ihan 285. the Incapacity of the Father being an Alien.,
The
Viir 174.
tr<7'l tifc,
Cale.
Com. Pleit.
Coron. >'oL
CrMi Car. 8.
Coifirn nA
Dixini Cafe
OWi. 275,
■;:ir
the
fthc
fes it
ahcr,
rand-
, and
rough
in the
liment
icm be
led the
[limfclf
n born,
the Sou
[flue C.
inherit,
ipable.
itus Alt"
ns, have
fV<3j the
notwith-
ic Father
\teceJJoms,
elation of
Father,
es Notice
,1 be pre-
Ircfore, as
younger
[of Parlia-
Iffue) C.
Irliamcnt ;
\a. nor to
jaw taking
it work a
Icalls Cor-
[n Subjed,
lis made a
lies in the
\mnt doth
(incapacity
two Sons
tr fliall not
1 has Iffuc,
Ujh objiantc
The
0/ A L I E N S, ^c.
317
aj Eihv. Iir.
C'r9. Car. 601 .
The Statute Je Nads ultra Mare, declares the Iflut born of an Ergli/h Man
upon an Englijh Woman, fhall be a Denizen i and the Conftrudtion nas been,
though an Englijb Merchant marries a Foreigner, and has Iffue by her born be-
yond the Seas, that Iffue is a natural born Subjedb.
But if an Englijh Woman goes beyond the Sea, and there marries an Alien, and o.. Car.ioi.
has Iffue beyond the Sea, that Iffue are Aliens. """'* ^'"«-
Yet if an Englijh Woman marries an Alien beyond the Seas, and then comes Pniuh'iCtd.
inXo England, and has Iffue, they are not ^//Vnj, but may inherit. olKmi.
NoAlitn, or Perfon not born within the Allegiance of the King, or natural- tiC^r.v.
izcd, or made a free Denizen, fliall exercile the Occupation of a Merchant, or «• '*■ f- »•
Fadlor, in any of his Majefty's Plantations or Territories in Afia, Africa, or
America, upon Pain of Forfeiture of all his Goods, or which arc in his Pof-
feffion, &c.
All fuch Perfons as (hall be born on board on any of the Ships employed about 9 ''**• «• "•
the Trade of the South Sea Company, or in any of the Places which fliall be ' *'
difcovercd or poffeffed by the Company, fliall be deemed natural born Subjects.
Naturalization is the making an y^//>n the King's «/j^«rd/ Subject by Adl 1 inrt 8.1:9.
of Parliament, whereby he becomes as much a Subjedl to all Intents and Pur-
pofes, a,s if he was born fo ; for by Naturalization, a Perfon's Iffue, before the
Naturalization, fliall inherit.
A Stranger, naturalized by Aft of Parliament, may have Lands by Defcent, as
Heir at Law, as well as have them by Purchafe j but until he is naturalized, or
made Denizen, a Stranger is not generally under the King's Protection, to have
the Benefit of the Laws.
No Perfon of the Age of eighteen Years or above, fliall be naturalized, unlefs 7 7"^- '• «• «•
he have received the Lord's Supper within one Month before any Bill, exhibited
for that Purpofe, and alfo fliall take the Oath of Supremacy and Allegiance in the
Parliament Houfc, before his Bill be twice read ; and the Lord Chancellor, if
the Bill begin in the Upper Houfe, and the Speaker of the Cop'.mons Houfe,
if the Bill begin there, fliall have Authority during the Seflion to adminifter fuch
Oaths.
TheClaufe in the Aft 12 Will. III. Cap. 2. whereby it is cnafted, that no iC.l.c. 4.
Perfon born out of the Kingdoms, though he be naturalized, except fuch as are*^- '•
born of Englijh Parents, fliould be capable to be of the Privy-Council, &c. fliall
not extend to difable any Perfon, who, before his Majefty's Acceffion to the
Crown, was naturalized.
No Perfon fliall be naturalized, unlefs in the Bill exhibited for that Purpofe, r. j.
there be a Claufe to declare, that fuch Perfon fliall not be enabled to be or the
Privy- Council, or a Member of either Houfe of Parliament, or enjoy any Office
of Truft, or have any Grant from the Crown ; and no Bill of Naturalization fliall
be received without fuch Claufe.
Children born out of the Allegiance to the Crown of Great-Britain, whofe4Grt.ir.c.
Fathers fliall be natural born Subjefts, fliall, by Virtue of the Aft 7 Ann. Cap. 5. '"" '^^ '"
and of this Aft, be natural born Subjefts.
Provided that nothing in 7 Ann. Cap. 5. or this Aft, fliall make any Children, f- »■
born out of the Ligeance of the Crown, to be natural born Subjefts, whofe
Fathers, at the Time of the Birth of fuch Children, were, or fliall be attainted
of High Treafori, either in this Kingdom or 1.1 Ireland, or were liable to the
Penalties of High Treafon or Felony in cafe of their returning into this King-
dom or 7r<'/an</, without Licence of his Majcfty; or were, or fliall be in the
Service of any foreign State, then in Enmity with the Crown of Great-Britain.
If any Child, whofe Father, at the Time of the Birth of fuch Child, was r. 3.
attainted of High Treafon, or liable to the Penalties of High Treafon or Felony
in cafe of returning without Licence, or was in the Service of any foreign State
in Enmity with the Crown (excepting all Children of fuch Perfons who went
out of Ireland in Purfuance of the Articles of Limerick) hath come into Great-
Britain or Ireland, or any other of the Dominions of Great-Britain, and hath
continued to refide within the Dominions aforefaid for two Years, at any Time
between the i6th oi November, 1708, and the acth oi March, 173 1, and during
fuch Refidencc hath profeffed the Proteftant Religion, or hath come into Great-
4 M Britain,
'fi&iS
■i.i-
3'
S
1} Git
p. 1 15.
II.
I] G/«.
p. 167,
n
168.
p. 169.
'■ ,'. -■ ■•■i '
p. 170.
p. 171-
0/ A L I E N S, ^c.
Britain, &c. and profeffed the Proteftant Rclieion, and died withia Great'
Britain, &c. at any Time between the faid i6tn of November, 1708, and the
25th of March, 1771, or hath continued in the adtual Pofleflion, or Receipt of
the Rents of any Lands in Great-Britain, &c. for one Year, at any Time be-
tween the faid 16th of November, 1708, and the 25th of March, 1731 } or hath
bonajide fold or fettled any Lands in Great-Britain or Ireland, and any Perfon
claiming Title thereto, under fuch Sale or Settlement, hath been in adlual Pof-
feflion or Receipt of the Rents chcreof for fix Months, between the faid i6th of
November, 1700, and the 25th of March, 173 1, every fuch Child (hall be deemed
a natural born Subject of the Crown oi Great-Britain.
And for the better Encouraging foreign Seamen to fcrve on board Britiflj
Ships, it is farther eaa£ted, that every fucn foreign Seaman who (hall, after the
driiDiy of January, 1739, have ferved during the War on board any Britijli
Man of War, Merchant Ship, or Privateer for two Years, (hall be deemed u
natural born Subject of Great-Britain, and (hall enjoy all the Privileges, &c. as
an actual Native of Great-Britain.
Provided that no Perfon thus naturalized, (hall be of the Privy-Council, a
Member of either Houfe of Parliament, or have any Place of Truft, civil or
military, or have any Grant of Lands, &c. from the Crown.
Enacted, that after the i ft Day of 7««f» i74o» all Foreigners, who have
inhabited or (hall inhabit, for feven Years or more, in any of our American
Colonies, and (hall not be abfent from feme of the faid Colonies more than two
Months at any one Time during the faid feven Years; and (hall take and fub-
fcribe the Oaths, and make, repeat, and fubfcribc the Declaration appointed by
the k€i of I Geo. I. or being a ^t/aier, (hall make and fubfcribc the Declaration
of Fidelity, and take and affirm the Effect of the Abjuration Oath, appointed
by the Adt 8 Geo. I. and alfo make and fubfcribe the Profe(rion of his Ctiriftian
Belief, appointed by the A& i fF. and M. before any one of the Judges of the
Colony, wherein fuch Perfons have inhabited, or (hall inhabit, (hall be adjudged
to be his Majefty's natural born SubjeAs of this Kingdom, to all Intents and Pur-
pofes, as if they had been really born in the fame; that the faid Judges (liall
give the faid Oaths, &c. in open Court, between the Hours of nine and twelve
in the Forenoon, which (hall be entered in the fame Court, and alfo in the Se-
cretary's 0(fice of the Colony wherein fuch Perfon (hall fo inhabit ; for doing
whereof two Shillings (hall be paid at fuch rcfpet^ive Place, under the Penalty
of 10/. for every Negledl : Every Secretary is alfo required to make fuch Entry,
in a Book to be kept for that Purpofe in his Office, on Notification by a Judge of
the fame Colony, under the like Penalty.
All Perfons duly qualifying themfelves to be naturalized (except fakers or
Jews) (hall receive the Sacrament of the Lord's Supper in fome Proteftant Con-
gregation in Great-Britain, or in fome of the American Colonies, within three
Months next before their Taking and Subfcribing the faid Oaths and Declara-
tion ; and (hall, at the Time of Taking and Subfcribing the faid Oaths, &c.
produce a Certificate, figned by the Perfon adminiftring the faid Sacrament, and
attefted by two credible WitnelTes, whereof an Entry (hall be m^^e in the Secre-
tary's Office of the Colony wherein they (liall inhabit, as alfo in the Court where
the faid Oaths (hall be taken, without Fee or Reward.
Whenever a Jew prefents himfclf to take the Oaths purfuant to this Aft, the
Words {upon the true Faith of a Chrijlian\ (hall be omitted in adminiftring the
fame ; and the Taking the faid Oaths without thofe Wordc ■« the Jevis were
permitted to take the Oath of Abjuration by the A£t of 10 Geo. hall be deemed
a fufficient Taking according to this Aft.
A Certificate under the Seal of any of the faid Colonies, of iny Pcrfon's hav-
ing conformed in the feveral Particulars required by this Aft, (hall be deemed
a fuffici ?nt Teftimony thereof, and of his being a natural born Subjeft of Great-
Britain, to all Intents and Purpofcs, in every Court within the King's
Dominions.
The Secretary of every refpeftive Colony (hall fend over to the Commiflioners
of Trade at London, at the End of every Year, to be computed from the i ft of
June, 1740, exaft Lifts of the Names of all Perfons who have that Year entitled
them-
m
^i :xi-
Great'
r.rt the
eipt of
!ic bc-
r hath
Perfon
alPof-
1 6th of
deemed
Britiffj
fter the
Britifli
:emed a
, &c. as
uncil. a
civil or
rho have
4merictin
:han two
ind fub-
>inted by
xlaration
ippointed
Chriftian
es of the
adjudged
and Pur-
Iges fliall
id twelve
n the Se-
for doing
Penalty
h Entry,
Judge of
hfiikers or
[ant Con-
iin three
Dcclara-
laths, &c.
tent, and
the Secre-
lurt where
Aft, the
[iftring the
Jivis were
je deemed
kon's hav-
je deemed
, of Great-
King's
Lmiflioners
[the I ft of
|ar entitled
them-
0/ A L I E N S, ^c.
319
themfelves to the Benefit of this Aft, under Penalty of 50/. for every Negleft j
all which Lifts (hall be entered in a Book, by the faid Commiflioners, to be
kept at the Office for publick View.
Provided thatnofuch naturalized Perfon ftiall be of the Privy-Council, or a
Member of either Houfe of Parliament, or capable of enjoying any Place of
Truft in Great-Britain ot Ireland, civil or military, or of taking any Grant from
the Crown to himfelf, or any in Truft for him, of any Lands, &c. in Great-
Britain or Ireland.
After reciting the beforeiientioncd A(ft, it adds, and as many of the People »of7/.. ir.
of the Congregation called the Moravian Brethren, and other foreign Proteftants, ^ 9'5' ''*•
not fakers, who frcuple the Taking of an Oath, are fettled in his Majefty'*;
Colonies in America, and demean themfelves there as a fober, quiet, and induf-
trious People, and many others of the like Perfuafion, are dcfirous to tranfport
themfelves thither ; and if the Benefit of the faid Adt of 1 3 Geo. II. were
extended to them, they who arc now there, would thereby be encouraged to
continue their Rcfidence, and others would refort thither in greater Numbers ;
whereby the faid Colonics would be improved, their Strength encrcafed, and
their Trade extended ; // is therefore enaSted, that from and after the 25th of p. 9J7.
December, 1747, all foreign Proteftants, who confcicntioufly fcruple the Taking
of an Oath, and who arel)orn out of the Ligeance of his Majefty, who have or
(hall refide for feven Years in any of his Majcfty's Colonies in America, and (hall
not have been abfent out of fome of them longer than two Months at any one
Time c''iring the faid Term, and fliall qualify themfelves, as by the recited Aft
of 8 Geo. I. and i tV. and M. is diredted, before the Chief or other Judge of the
Colony wherein they refpeftively have or fliall fo refide, fliall be deemed to be
his Majefty's natural born Subjetis, to all Intents and Purpofes, as if they had been
born withm this Kingdom ; which faid Affirmation, and Subfcription of the
faid Declaration, the faid Chief, or other Judge, is to adminifter and take, and
the fame fliall be done in every Refpedl, as in the faid recited Aft of 1 3 Geo. l\.
is fet forth and direfted, and Lifts fliall be tranfmitted, &c.
No Perfon fliall be naturalized by Virtue of this Aft, unlefs he fliall have p. 93B.
received the Sacrament, &c.
The Provifions contained in the Aft of 1 3 Geo. \l. &c. fliall extend to foreign
Proteftants, who confcicntioufly fcruple the Taking of an Oath, and who fliall
be qualified as aforefaid.
The faid foreign Proteftants fliall enjoy the Privileges of natural born Subjefts,
and all the Benefits of this Aft, and the faid Aft of 13 Geo. IL
No Perfon who fliall become a natural born Subjeft of this Kingdom by Virtue
of this Aft, fliall be of the Privy-Council, &c.
Nothing in this Aft, or in the recited Aft of 1 3 Geo. IL fliall extend to na-
turalize any Perfon, who by Virtue of an Aft of 4 Geo. II. (intituled, an ASi
to explain a Claufe in 7 Anna, &c.) is enafted not to be intitled to the Benefit of
the wid Aft of 7 Anna, but all fuch Perfons fliall remain in the fame State and
Condition to all Intents and Purpofes, as they would have been in if the faid
recited Aft of 1 7 Geo. IL or this Aft had never been made.
According to Law, no one can be naturalized but by Aft of Parliament, and , inft. 129.
that cures the Defeft as if they had been born in England ; and Afts of this
Nature may be fo penned, as to cure Defefts in the Father or Anceftor, as <vell
as in the Parties themfelves, which it will not do except exprefs Words to that
Purpofe are inferted.
Children born of Parents Subjefts within any of the Places or Guard? pof- Ojir fol. m.
feffed by the King's Army when in an hoftile Manner he forcibly enters the f er- ^1.^' *"'
ritories of another Prince or State, fliall be deemed natural born Subjefts, and Ramfij Lord,
ftand in no need of Naturalization. Vaugbanfoi.
It has been conceived, that a Foreigner, being naturalized in Ireland, may'°'"
clothe him with the Title of a natural born Subjeft of that Country, but not
qualify him as one of this.
Denization is the enfranchifing zn Alien, making him a Subjeft by the 5r«^. lib. j.
-' ng's Letters Patent, and he is called Donaifon, becaufc his Legitimation pro- "»^ ?•«• «5-
cceds ex Donatione Regis (from the King's Gift.) Such a one is enabled in many ' " ^*''
Refpefts,
-%.m
I ';
m
'■i it:i.
■\^:■i
#
'■:■;' V
320
! * 1 ■ 'tl
1 .•
I Inft. R
I I Rep. (tj.
5 R'P- I'-
ll ITiU. III.
c. :.
I (In. I. c 4.
7 rtfp.
IfniTl Inft.
0/ B A N K S, ^c.
Rcfpcfts, to (to as the King's native Subjects do, to purchafe and poflcfs Lands,
enjoy any OHice or Dignity ; and when he is thus cnfranchifcd, he is faid to be
under the King's Protccllon, or ffe ad Juiem Regis Anglia, before which Time
he can poircls nothing in England. But notwithftanding this, it is fliort of
Naturalization } for a Stranger naturalized may inherit Lands by Defccnt, which
a Denizen cannot j and in the Charter, whereby a Perfon is maue a Denizen,
there is commonly contained fomc Claufc, that exprefbly abridges him of that
full Benefit which natural Subjedls enjoy.
When the King makes a Denizen by Letters Patent, he may purchafe Lands,
and his Ifluc, born afterwards, m.iy inherit them j but thofe he nad before (hall
not : And though a Denizen is enabled to purchafe, he cannot inherit the Lands
of his AnceAors, but as a Purchafcr he may enjoy them i and he may take Lands
by Devife.
Aliens made Denizens are i icapablc of Offices in the Government, to be Mem-
bers of Parliament, SSc.
It is fo high a Prerogative to make Aliens Subjects and Denizens, that the
King cannot grant this Power over to any other.
Of Banks and Bankers.
S*'! • if
m
I'/ ■
Pf .;'.■■
- \ ' ' ■
!','•■■''■
\t: '-^ - ■
I: ■.- :■
\%:
.:'f
Vit ■: • i'
A BANK is a publick Office for keeping and circulating Money, to be
employed in Exchanges, Difcounts, Government Loans, or otherwife
difpofcd of to Advantage and Gain.
This Word is derived from the Italian one Banca or Banco, as thofe of that
Nation ufcd formerly to exercife the Function of Exchangers (or Bankers) in all
the publick Places, or Bourfes of their trading Cities, leated on Forms with
Benches to count their Ca(h, write their Letters and draw their Bills of Exchange
on ; and fume Authors add, that when any of them had the Misfortune to fail,
his Bench was broke, either as a Mark of Infamy, or to put another in its Place,
and from this Occurrence they pretend the Word Bankrupt (in French, Bank-
queroute) to be derived.
And from which Circumftance, we may fee that this BuHnefs was originally
confined to private Pcrfons j but the Advantages arifing from it to trading People,
being very diftufive and general, feveral States thought proper to incorporate
fome of tlie moft confiderable of their Subjedts for the Purpofes of carrying it on,
with a greater Security to the Concerned; whilft other Potentates retained the
Protedlion and Management in their own Hands. Genoa, I believe, was the firft
that inftituted a publick Bank, from which all the reft in Europe were modelled,
though with different Improvements, according to the Genius of the People, or
the Nature and Ulcfulnefs of it in the Part it was ereftcd; but as Credit is de-
pendant on Trade, and the fole Support of this Sort of Eftablifhments (always
founded on national Securities) the Decay of the Genoe/e Commerce, joined to
the falfe Steps they took in the late Embroils of Europe, haffened the Ruin of
this Mother Bank, and, it is to be feared, beyond a Poflibility of Recovery.
There arc many Banks eftablifhed in feveral of the trading Cities of Europe,
but I fliall only treat here of the principal ones, as at Paris, Amfterdam, Rotterdam,
Venice, Hamburgb, and our own, omitting thofe that are more inconfiderable, as
only Colics in Miniature of the others; beginning firft with the
Bank g/* Venice.
'T^ HIS is commonly called Banco del Gero, on Account of the continual Ro-
■*■ tatioii of its Cafh, and is properly a Receptacle, or Office, for a publick
Depofite, or a general and perpetual Ca(h for all Merchants and Traders.
It was cftablilhcd by a folemn Edidl of the Republick, which ordains, that
all Payments, as well of large Purchafes as Bills of Exchange, (hall be only
made in Bank ; and that all Debtors and Creditors Hiall be obliged to pay and
leccivc their Money there, which is effc(^cd by a finglc Transfer from the
I Accounts
Genei
for th
whon
Dij,
any re
Th
Authc
and th
five S(
this V
flcad
the Ui
" bral
" exc(
Ur.l
Of BANKS, ^c.
Accounts of the one to that of the other ) fu that the Credit and Debit <)nly
change Names, without any real or cft'edtive Money being paid.
However, Payments are fometimcs made in Cafli, particularly for retail Bufi-
nefs J or when Strangers infift on Ready-Money, or Come Pcrlbiis are better
pieafcd to have their Funds in their own Keeping i and the Ncccllity of fome-
timcs mailing thefe effedlive Payments, was the Occafion of opening a Ready-
Money Office, for thole who required it. And it has been experienced, that
this current Ca(h has not cnufrd any fenfible Diminution in the Funds of the
Bank, but on the contrary, the Liberty of withdrawing the Money at the Pro-
prietor's Plcafurc, has rather encreafcd, than Ictfened them.
■ By this Means the Rcpublick, without reftraining the Liberty of Trade, and
without paying any Interell, makes herfclf Miftrcfs of five Millions of Ducats (at
which the Funds of this Bank are fixed) and at the lame Time fupplies the Necef-
fitics of State, without being obliged to have Recourfc to extraordinary Impo-
fitions i and the good Order always obfcrved in the Bank's Adminillration, (for
which the Rcpublick is Security) has rendered its Ellablilhmcnt fo folid, that
there is Room to judge it will lail as long as the Government itfclf.
In the Bank the Writings are kept, in Liras, Soldi, and Denari de Grojji, of
which one Lira is worth ten Ducats di Banco, or two hundred and forty GroJJi,
the Ducat being rompofed of twenty-four Grofli.
The Money m Exchange is always underftood Bank Ducats, which is imagi-
nary, and a hundred of tlitfe make a hundred and twenty Ducats, current, fo that
the Difference between Bank and Current Ducats is twenty per Cent, the Brokers
being prohibited to negociatc at a higher Price.
The Bank is fliut up four Times a Year, viz. the 20th o? March, 20th of June,
20th of Si'Memicr, and the 20th of December; and it remains Ihut each Tirno
for the Space of twenty Days : However this does not prevent their Negocia-
tions as well in Ready-Money as Bank, to be wrote off at its Opening.
The Bank is likewife rtuit upon extraordinary Occafions, viz. eight or ten
Days at the Carnival, and as long for Paflion Week ; it is likewife (hut every
Friday, when there is no Holiday, to make their Ballnnce.
The Bills of Exchange drawn for the Fairs, or otherwife, muft all be payable
in Bank, and a Seller cannot refufe Paynent for his Goods in the fame Manner,
except by an Agreement to the contrary.
Bills of Exchange have here fix Days of Grace, and in Want of Payment, the
Proteft muft be made on the fixth Day, otherwife the Holder ftands to the
Damage J but from the Moment the Bank is Hiut, a Debtor cannot be forced to
the Payment of Bills, neither in Ready-Money nor otherwife, nor can be pro-
teftcd againft for it, till on the fixth Day after the Bank opens, except when there
is a Failure, in which Cafe every one may ufe their Diligences, provided that
the Bills are fallen due.
3"
, that
be only
pay and
om the
Accounts
Bani 0/ Amsterdam.
THIS Bank, fuppofed the moft confiderable and richeft: in Europe, on the
2\(^ of January, 1609, was eftabliflied by the Authority of the States
General, under the Dircftion of the Burgomafters of this City, who are Security
for the fame, and conftitutcd themfelvcs perpetual Cafhicr: of its inhabitants, to
whom it is of the greateft Conveniency and Service, as Millions may be paid in a
Day, by the fimple Aflignations of a Draught on it, without the Intervention of
any real Cafli.
The Funds of this Bank are related to be fo great as is hardly credible, many
Authors quoting their Value to be, atleaft that of three thoufand Tons of Gold,
and theft rated at a hundred thoufand Guilders /><t Ton, make, at only thirty-
five Schillings />tT Pound Sterling, the prodigious Sum of 28,571,406/. but as
this Value is unafcertained, I (hall give Sir fVilliam Temple's Opinion of it, in-
ftcad of my own, who, fpeaking of this Bank, in his Remarks on the State of
the United Provinces, fays, " In the City of Amjlerdam is the Bank, fo cele-
" brated in all the World, on Account of the Greatnefs of its Trcafure, which
" exceeds that of all others hitherto known, real or imaginary : The Place
4 N " where
. » >." -
» ^
(1: , ''■
tf. ■■
¥'-i:
p..
311 0/ B A N K S, ^t.
" where it in lodged, it a great Vault under the Tuwii-Hoiifc, provided with
" Doori, Locks, and every other Security ncccll'ary for its Safety and I'rcfcrva-
*' tion J and it is certain, that whenever any one goes to lee the Hank, he will
" find there a very great Treafure in Bars, and Ingots of Silver, Plate, and in
" an incredible Quantity of Sacks full of Metal, laid to be Gold and Silver, aa
•• I believe, in cftedt, tney are j though as there arc none but the BurgomaAers
*' who have any Diredion in this Banlc i and as there is no one who keeps any
'• Account of what is brought in or carried out, at dirtcrcnt Tinrjes, it is im-
" pofliblc to know or even guefs, with auy Exadlncfs, the Proportion there is
" Detween the real and imaginary Treafure of it, as it docs not folely confift in
" the cfFcdlive Gold and Silver, but alfo in the Credit of the City, and of the
" State, of which the Funds and Revenues arc as great as that of fomc Kine-*
** doms, and it is obliged to be anlwcrablc for all the Money brought in : rne
" greatcft Payments made between the Merchants of this City, are in Bank
" Bills, fo that it may be fnid, that this Bank is properly the general Chell, ia
" which every one inclofes his Money, becaufc they deem it there to be in greater
•• Security, both for paying and receiving, than if they had it in their own
" Coffers J and the Bank is fo far from being obliged to pay an IntereA on the
'« Money dcpfitctl in it, that what is there, is worth more than the current
" Money, in which fmall Payments arc handily m;ulc, becaufc it neither admits
•♦ nor receives any CaOi, hut of the beft and moll vahmblo Species, and thole
" that arc mod current, as well in Germany as in tiic Low Counlrits."
By its EAablilhmcnt, it is ordained, that the Payments of Bills of Exchange,
end wholcfale Goods, fhall be onlv in Bank, except the Sum be under tliiee
hundred Guilder!), and nothing lets than this can be wrote into Bank, without
paying fix Stivers, (except it be by the E^Jl and Wejl-India Companies, who are
exempt from this Duty, and may write in what fmall*Sums they pleafc) fo that
the Debtor is obliged to carry his Money in there, and the Creditor from thence;
to receive it.
The Payments are made by a fimplc Transfer, or Afllgnation of one to the
other, fo that he that was Creditor on the Bank Books before, becomes Debtor
from the Moment he has afligned any Sum to another, who is wrote down as
Creditor in his Room.
Although the Bank oi Amjlerdam has no Account of current Cafli open like
that of Venice, this docs not hinder (notwithftanding its Regulation) but that it
fometimes makes Payment in Ready-Money ; and there arc particular Cafliicrs
without the Bank, who make the Payments for an Eighth per Cent, that is to
fay, two Stivers and a half for a hundred Guilders.
This Contravention is tolerated as beneficial to Tr.idc, forafmuch as fome-
times one is obliged to make a Payment in effcdlive Money, more cfpccially in
retail Affairs ; and it is often that fomc Pcrfons arc better plcafcd to have their
Cafli ready for \J{c elfcwhcrc than in the publick Bank, cither for Negotiations
or to pay Bills of Exchange, when their exprefs; Tenor is to be paid out of the
Bank, that is, in ready or current Money.
It is by this Bank, that the C'lly oi /Imfterdamh fupportcd in fo much Splen-
dor and Magnificence, and without interrupting Commcicc, poficflTcs the grcateft
Part of the Cafh of its Inhabitants, who are not lefs rich for having their For-
tune in the Bank, as thefe they may convert into Ready-Money whenever they
pleafe, and again bring them into Bank when it fhall be agreeable.
And to carry on this Sort of Bufincfs or Exchange, an Application need only
be made to ccrtaip Merchants, or parlicular Cafhicrs, who arc commonly to bo
met with between ten and eleven o'Clock at the Dcim, or before the Town-
Houfe or Bank, with whom the Negociation may be adjuflcd for an Agio, which
they endeavour to effcdt on the highefl Terms when they arc Sellers, and on the
loweA they pofTibly can when they buy.
The Diffcrei.cc between buying and felling, is ordinarily from a Sixteenth to
an Eighth per Cent, and the Agio varies from three to llx per Cent, fometimes
more, ct other times lefs, according to the Difference in Exchange, or the
Scarcenefs of the Specie.
a
When
|h Splcn-
grcatcft
icir For-
jvcr tlicy
|ecd only
ily to bo
Town-
, which
lid on the
Itecnth to
ptnetimcs
or the
When
Of BANKS, ^e.
When a Payment it made in Dmatoont, or KixiolUrt, and not in a Anall Kind
of Mone/i leu it given for the Agio, beciufe the large Coint are received at the
Bank.
Thefc Sorts of NeBOciationi are likcwifc made at the Bourfe, nr at home be-
tween Merchant and Merchant, with or without the Intervention of Brokers, who
have ontper Mil. for their Paint, paid equally between the Buyer and Seller.
To have an Account ojiened for a Pcrlon in the Bank, he muO pay ten GuiN
ders for once only.
The Bank only receives Ducatt of Gold, Ducatonnt, Rixdollars, old Louii-
dorci, and other fuch like Species, and they have reduced the Ducatoons to fixty
Slivers inftead of fixty>three, as they pafTcd in ready or current Money, the Rix-
dollar to be forty-cignt from fifty, and other Sorts of Coins in proportion.
The Bank never engages fcr the Species it receives, but on the Footing of
five /Vr Ccn/. under their cominon Value in current Money, vij-.. the Ducatoon
at the Value' jull now mentioned, which is the true Original of the Agio, and
which confcquentially mull be five ptr Cent.
Ingots of Gold, and Bars of Silver, are likewifc dcpo(Ttcd there, of which tho
Price is regulated according to their Value after the Aflay, which is made by the
City Affuyer, and all Sorts of Matter, and Species of CJofd and Silver are alio de-
podted, and principally Dollars, for which the Bank gives its Receipts, called
R<ctipts of Mexican Dollars^ and which are comn-.-^ily negociated at Change.
Tnofc who have Caih in Bank, may draw it out whenever they pleafe. on pay-
ing a Sixteenth ptr Cent, for the Care of it j and if at the Time ot taking it out,
the Agio (hould be under five ptr Ctnt. the Treafurer will pay the Difference, for-
afmuch as that when it was received, there was charged on it the fivc/><r Ctnt.
The Books of the Bank are kept in Guilders, Stivers, and Penning:^, of which
twenty Stivers make a Guilder, and fixteen Penning^ or Deniers, a Stiver.
Anyone drawing on the Bank more than he hu' '.lerc, incurs a Penalty of
three ptr Ctnt. on the Sum he overdraws.
The Bank is (hut up twice a Year, vix. in January or February, and in July
or Auguft, and remains fo eight, ten, or fifteen Dayb, during wnich Time the
Books are ballancing.
It is (hut up befidcs on the Feads of Eajitr, the yifcenjion, and Cbriftmas, and
on Faft Days, and about the sad of Stpttmbtr, when the Fair begins.
If the fix Days of Grace, which are allowed on Bills of Exchange, happen to
expire whilft the Bank is (hut, the Bearer of them is in Time to proteft them, in
Cafe of Non-payment, the fecond or third Day after its Opening.
When anyone, who has an open Account with the Bank, happens to die, his
Heirs muft prove by a good Title the Right they have to demand the pa(nng tho
Sums to their Credit, which were due to the Deccafed.
Whenever any Difference happens between Merchants and Tradcfmen about
the Bank, it (liall be fummarily fettled by the Commiflloners named for this
Purpofe, by the Magiftracy of Amfitrdam.
There are fome certain Days in the Year, when the Money may be difpofed
of the very Moment it is brought in, which is often improved by vain, or dc-
figning Men, who without having a Farthing Property in that Fund, get large
Sums credited on their Account, though the Debtor Side cancels them im-
mediately, yet by this Game they either flatter their Pride or advance thcif
Credit, as the Debit Spunge is not feen by many.
The Bank makes no negociable Bills, but (as beforementioncd) gives Receipts
for Efiedts depofited, which may be fold ; for Example, a Perfon having one
thoufand Louifdores of the Sun, (which arc commonly worth from Guild. 1 1 8
.:o 1 1 14 current Money) and wanting ready Cafh, endeavours to fell his Gold, for
which he is only offered Guild. 1 18, but refolving not to admit this Low Price,
in Hopes of a fpeed} ".ife, he carries them to the Bank, which takes them on the
Footing of Guild, iv 14 each, making Guild. 10700 Bank Money, of which
he may difpofc lefs hiixptr Ctnt. that he muft allow for fix Months Care of it, as
accuftomary j and if durinj that Time, the Louis are in demand, he withdraws
them, or fells his Receipt, xs he thinks proper : But if on the contrary they ftill
keep
3^3
\il
■/:'h
M'--:
3i4 0/ B A N K S, ^c.
keep low, though with an Appearance of foort r-fing, lie carries his Receipt to
the Bank, where they debit his Account in the proper Office, Guild. 53 10, for
the half ^i-r Cent, mentioned in the Receipt, and on thefc Terms he may prolong
the Depdfit to the Time it fuits him to withdraw it, paying tvery fix Months
the aforefaid Sum ; and this is the only Cafe in which the Bank gives Receipts
that are negociable ; and if the aforefaid one is fold, the Buyer before he can
make ufe of its Value, muft reftore to the Bank the 10700 Guild; advanced, and
the half />fr Ce/:t.
No Seizure can be ihadc of Money in the Bank, and whenever a Sum is to
be entered, in which there is Pennings, it is never wrote in with more nor Icfs
than 8; fo that if there be 7, 9, 10, 11, or 12, 8 only arc infcrted j but if
tlicre be above 1 2, then there is wrote in a Stiver.
There were formerly only *bur Book-Keepers in the faid Bank, ?iid as many
Comptrollers, but fince, fome have been added, and everyone in t'lcirTurn re-
ceive the Notes that have been entered in the Books, for to dillribute to others
according to their Number -, tor Exa4r<ple, the firfl: Eook contains four or five
hundred Leaves, dnd the four Books only make an End of the Year, and are
put in the Archives after ballancing.
If a Man wants to know what has been wrote in on his Account, he muft go
to the Bank between feven and eju-ht in the Morning, and if he lets this Time
lapfe, be muft pay two Stivers; a;.d if he delays it till after nine, he muft pay
fix Stivers.
The Officers of the Bank are paid by the City, and all thnt is received for cor-
redling Accounts, Retardation of Hours, and Forfeits, is for the Poor, as the
Fractions of the Stiver is for the Comptrollers.
After opening the Bank from the Time of Ballancing, all thoie who have open
Accounts, ought to make a Note of what remains due to them, and therein tney
fhould mark tne Folio of the Bank Book, in which their Account is, how many
Sums they have got wrote (if any) fincethe preceeding Account, their Name and
Sirname, and then a(k the Commiffioners who have the Page of their Account,
whether that Remainder or Ballance agrees with the Bank Books which he tells
them, and alio whether the Folio is continued or changed j if the Sums difagree,
he alfo informs them of it, and in this Cafe, he muft make an Extraft of th^
B.ink Account, as it ftands in your Book, for to examine it, and fee from whence
the Error or Difference of the Sums proceed, for which Verification twelve Stivers
are generally paid, a little more or lefs : The Account being thus examined,
they return it when alked for, and if they find it agree with that ftated in the
Bank Book, on finding the Miftakes, they no':e them, and put at the Foot of the
faid Account J'een, or elfe, agrees with the Book-Keefers, and afterwards they put
the Name and Sirname of him to whom it belongs, with the exadt Ballance, de-
dudling one otiver for every Sum, which he has had wrot« to the Credit of his
new Account, which he ought to note conformably in his c 'n Books. This
Verification is made twice a Year, under Penalty of twenty-five Guilders Muldtj
and although it has not been poflible to examine the Account which they have
in Bank, they may however at the Opening of it, get the Sums wrote to the
Bearers of Bills of Exchange, and for Merchandizes bought of the India Com-
panies, provided that it be entered fome Part, and if they have got too much
wrote, they will be fubjcdt to the Fine of three per Cent, as aforefaid ; but this
Privilege is only for that Day ; for in regard of other Days, if you are Aire that
you have Calli wrote on to the Credit of ^our Account, it may be difpofcd of
the fame Day, and wrote off to another and another.
When Traders or Merchants, who have Accounts with the Bank, cannot go
themlelvcs to get them examined as aforefaid, they may fend fome other in their
Room, witli a Power, made in the fame Manner as is before direded, for thofe
Perfons carrying the Notes to be wrote on.
When a Perlbn's Bank Account is full, and the Book-Keepers arc obliged to
open another, from the Time of his beinu advertifed thereof, he ought to take Care
to go to fee whether tlie Articles agree, as he docs at the Opening of the Bank.
The Book-Keepers fend daily to thofe who defire it a Note of the Sums that
have been wrote in to their Credit, and for which they are paid fix, eight, or
' * ten
cithc
Cafe
an not go
in their
for thole
liged to
take Care
Bank.
ums that
eight, or
ten
Of BANKS, ^c, 325
ton bucatoobs A#r Ann. from 'ich Merchant or Banker, who has this /;.dvice gi-
ven him, which is dividca among the faid Book-Keepers, after deducting the
Expence of a Servant they keep for this Purpofe.
The BiUik obfervcs the following Rules, which it is neceffary for thofe who
keep Carti there to be apprized of.
ift. No one can difpofe of his Money paid in, till the next Day, except he pays
half /«■ Cent, upon the Sum he defires to draw out the fame Day ; for Example,
if I have got wrote in 6000 Guilders, and have a mind to draw out 4000 of
them the fame Day, my Note will not pafs, neither then, the fubfequent Day,
iior afterwards, till I have paid twenty Guilders for the faid half ^tr C.nt.
idly. There is, however, commonly three Days in the Year (ao iias been juft
hinted before) on which the Money may be difpofed of, that is brought in the
fame Day ; viz. the fccond Day after opening the Bank, whea it has been fhut
for Ballancingi and at the Feaft of Pentecoft.
jdly. If any more is difpofed of than is in Bank, the Penalty of three /^r Ct'«^
and the Overdraft, muft be paid, b'"'"jre any Note.
4th]y. As the Bank (huts up t xe a Year, all who have Accounts open
muft ballancc with it in fix WctKS after opening, on Penalty of twenty-five
Guilders.
5thly. When an Account is once opened in the Bank, whatever enters to its
Credit cofts nothing ; and formerly only a Stiver was charged for every Sum that
went out, or was paid to another ; but as Bufinefs was confiderably augmented
in the Year 17 14, and occafioned a great Number of Clerks to be added to the
Bank, for the Difpatch of the Notes brought in to be wrnte, it was ordained,
that inftead of one Stiver, two fliould be paid from the firft of February, 171 5.
which has continued ever fince, and is always charged the firft Article in a new
Account.
When it happens that through Miftake or Forgetfulnefs, a Man writes off a
Sum to one he is not indebted to, inftead of to him he is owing to, although he
immediately gives advice of the Error, and that the Sum is not yet entered in the
Bank Books, he cannot withdraw his Note from the Bank by acknowledging he
was miftaken, not even though he carries the Perfon with him in whofe Favour
the Note is wrote, to declare that the Drawer does not owe him any thing j the
Book-keepers will fay that he muft, as it is wrote in the Books, and that if he
has made a Miftake, the Perfon in whofe Favour the Error was committed, has •
only to return it the next Day, wrote in on the Account.
All thofe who have any thing to write in Bank, are obliged to carry their Notes
themfelves, in the fame Manner as thofe who have Accounts are, to go and de-
mand the Ballance j or if they will fave themfelves the Trouble, they muft cm-
power one of their Compting-houfe to aft for them, which will authorife their
doing the one and the other j this Procuration (as has been obferved before) cofts
thirty-two Stivers, which is paid for down, ind muft be renewed at the End of
a Year and fix Weeks ; and if it ihould happen, that one is obliged to make a
pretty long Voyage, and has given an authenticated Procuration to his Wife, or
fomc other Perfon, to make dl Sorts of Payments, without having left a pro-
portional number of Bank Notes, figned in Blank, to the Sums he imagines he
may have to pay during his Voyage, if the Perfon to whom he has given the faid
Power, figns the Bank Notes without having the Letter of Attorney regiftered
there, none of them will pafs ; and in this Cafe, the Perfon fo authorized muft
carry and leave an authentitk Copy of his Power at the Bank, and that he figns all
the Notes with his Name, adding, by Procuration o( fuch a one; and the No-
ting the faid Power cofts fifty Stivers, which is pnid out of hand.
The Time of Writing in Bank is from fcven or eight in the Morning to eleven,
but after eleven to three, every Note carried in will coft fix Stivers, and after
three none are admitted.
' When a Man who has an Account with the Bank is ill, and unable to fign his
Draughts, or to go there to fign a Power, the Perfon who tranfafts his aflFairs
ought to inform the Bank of his Diforder, and Incapacity to attend there, for
either of thefo Purpofcs, though he is dcfirous of paying what he owes; in which
Cafe a Declaration drawn out by a Notary, and figned by the Phyfician and one
4 O or
m
- i
I ■'
CI'
, 'i '
J- . . . .
r •
ir'
ii
az6 6/ banks; (^<-.
Or two of his nearcft Neighbouis or Relations, IhouU be carried to the '^anlij
whicli on !R.eceipt of it, fends a Servant to fee in what Condition the fick Peffoa
is, and if he finds him rcaHy as is dedared* his Agent is authorized to figa the
Draught, in the fame Manner as if he had figncd the Letter of Attorney at the
Bank j but if the Infirm is in a Condition to fign, he that is impowcrcd may re-
queft the Book-keepers to draw out a Procuration for that Purpofc, and to fend
it with him to be figned, which they do, accompanied by a Servant of theBanit,
Ivho carries the Book of Procur;ttions with him to the Hck Man. who figns that
drawn out for him in the Book, in the Prefence of the Bearer, anid KOm the
Time that a Power is thus executed, he that it is made to may fign and carr;^
the Notes to the Bank, although he has not yet got the Extradl of the Power,
which oftentimss is not delivcrcdin eight or ten Days; but when once the fianlt
has delivered it, he is obliged always to Oiew it when he carries a Draiight there;
or demands a Balance j if the fick Man dies after executing the Power, ana be-
fore it is delivered to him in whofe Favour it is made, it will not be delivered to
him at all, becaufe the Perfon being dead, his Procuration isofnoEffet^t.
When any one who h?s an Account in th*: Bank is dead (after having made a
• /ill) his Heirs, or the Guardians he has appointed, muft carry to the Bank an
authenticated Copy of the faid Will, paying fifty Stivers down for noting it; at
the fame time they defire to know the Balance of the Deceafed's Accounts, to fee
whether that of his Books correfponds with the Bank, and they may have tha
faid Balance tranfported to a frefli Account, either in the Name of the Widow,
Heirs, their Guardians, or the Executors, without its cofting them the tea
Guilders, which is always paid for opening a new one. ' '
But if oue who keeps Cifh at the Bank dies inteftate, thofe who pretend t- he
his Heirs, or meddle with the Succcflion, muft firfl be authorized by the pro^f r
Judges, and bring a Copy of their Sentence to the Bank, before they will h<;
permitted to difpofe of the Deceafed's Balance.
The Agio has been always fluAuating ever fince the Bank's Eftablilhment, tho'
hbt in fo great a Degree of late Years as formerly ; in the Year 1693, '* w^ "P
to twelve and thirteen fer Cent, on account of the bad Schillings of fix Stivers,
which w^re reduced to five and a half; and at the Beginning of the Month of
Aj>r:7, in that Year, after the Diminution, it returned to two and a half, and as
high as fn per Cent, it afterwards fell and rofe till the Year 1703, when it was
down to one and a half, and two per Cent, but fince then, it has got up again,
and commonly pafles now from four to five per Cent.
During the Height of the War between France and the United Provinces, in
the Year 1672, many who had Cafh in the Bank were eager to withdraw it, be-
lieving that if the French King (already Mailer of Vtrecbtj fhould become fo
of Amjierdam, they fhould lofc it all ; and this Money wa"; refufed to none ; but
fome impatient ones, imagining that the Funds would not be fufhcient to pay
fuch a great number of Creditors, found People who falved or cured this imagi-
nary III, by giving them Ready-Money for four or five per Cent. Lofs, which
occafioned the Bank Money to become on a Par with the Current, and even un-
der ; but aflfairs were afterwards fettled in the Manner as at prefent.
I have already mentioned, that the Bank's receiving none out the finefl Coin,
and thcfc at about hveper Cent, under their current Value, is the Occafion of tho
Agio, or more properly the Agio itfelf ; and as this Difference is readily to he
found by PraSttce, or the common Rule of Three, I judge my enlarging thereon
would only be fuperfluous.
iJ«ai g/" Rotterdam
THIS Bank is not (o confiderable as that of Amjierdam, of which we have
been (peaking, though the Difference in its Government is very little. I{
was eftablirfied the i8th of April, 1635, and keeps Accounts with thofe Mer-
chants who chufc it, both in Bank and current Money ; the firft to pay all fo-
reign Bills, which are in Bank Money, and the fecond for the Dilcharge of Ne-
gociations made at Rotterdam on foreign Parts, which arc always in current
rtloncy.
The
we have
ittlc. H
ofc Mor-
ay all fo-
gc of Ne-
ti current
The
0/ BANKS, ^c.
Ilie Bank duly regulates the Agio on its Cafh, which is conftantlv iixe<i to a
Pillar of the Bourfe, that every one mav know itj and as the rtft of its Regula-
tions are fimilar to the laft Bank treated of, t (MA not detain my Kcwitr Iwiger
aboat h.
Bunktf HAMBtlROHt
A Lthough the Funds t>f this Bank are not near fo confiderable as thofe of that
**■ of jimfterdam, the Integrity and Exadtnefs with which every thing is ma-
naged has )>iven it a great Reputation over all E«rope, and more particularly in
the Norfa.
It ;« the Citizens and Corporation who are the Sureties for this Bank, tn
which the Senate has no InfpeAion, and the t)ireAor$ (being four in Number)
arc- chofe by Plurality of Votes from among the Principal of the Freemen.
Their Dutv is to tee that the Regulations be punctually obferved, and to fur-
nifli the Cafluers with Money when any Payments arc to be made, which howe-
ver is done widioitt touching the Trealurc, the Directors taking Care to provide
iw from other Funds.
I? regard to thr Capital of this Treafure, it is fuppofed to be very coniidera-
blej but as the Book-keepers take an Oath not to difclofe the Entries and Ex-
frads of the Bank, nor what each Particular depoTits, it is very difficult to con-
clude any thing with Certainty i and this Obligation to Secrecy hinders a Credi-
tor from knowing what any one has in the Bank, ib that no Seizure can be
made there.
The Book-keepers, who, like the Diredlors, are four in Number, are obli-
ged to give the Comptrollers two Ballances weekly ; and none biit Citizens arc
permitted to have an Account in Bank, and from fuch only it will receive any
Caili by way of Dcpofit, without any Intereft ; and it is by thefe Notes on the
Bank that they have the Conveniency of paying their Bills of Exchange, and for
the Purchafe of many Sorts of Merchandife, by only making a Transfer ot
their Value.
Nothing lefs than an hundred Mark Lubs can be wrot<i into Bank, and txvo
Schillings are paid for every Sum not exceeding three hundred Marks, but what''
ever is shove this may be wrote in gratis.
There arc certain Hours in the Day appointed for Wf-itlne into Bank, viiS.
from feven to tea in the Morningi but if any one has a Mind to write in from
ten to one, and from three to five in the Afternoon, he may do it by paying two
Schillings for each Sum j and it is alfo in the fame Morning Hours, that a Perfon
may inlorm himfelf, whetlier the Sums due to him have been entered, which
he may alfo do from ten to one, on paying two Schillings Lubs to the Book-
keeper) to avoid which, there are many Merchants who agree with the Bank
for a yearly Stipend, to have the Liberty of writing into Bank at any Hour they
pleafe, from feven to one, which is commonly from twenty to forty Mark Lubs,
according to the Extent of the Merchant's Bufinefs, and tne Quantity of Afl^rs
he has to tranfk4l.
When any one has a Mind to open an Account with the Bank he mufl pay
fifty Rixdollars of three Marks, or forty-eight Schillings Lubs, each.
The Bank is fhut every Year from the laft of December to the fifteenth of
ymuary following, and the Species that are commonly received in it are Rix-
dollars, with their Parts of Halves, Quarters, and Eighths; which arc generally
worth an Eighth, often a Quarter, and even fometinies a HiM per Cent, more
than the Money which is wrote by Notes into Pankj that is, if tncre is a Want
of Rixdollars in Specie, ra Eighth, Quarter, and as far as a Half, muft be
wrote into Bank mure thar ;he Money received ; but on the contrary, if one has
Caili in Specie to put in, ihe Bank only makes good an Eighth and fometimes a
Quarter *tr Cent, uenefit.
The Gank*Books and Writings are kept in Marks, Schillings, and DcnierS
Lubs ; and it is to be obferved, that the Fractions arc never wrote in under one
Schilling or fix Deniers.
Thofe
SLiy
V' rr:.
328 Of BANKS, ^c,
the ' who have Effedls in Jewels, Precious Stones, Silver, fifr. and want to
taife Money on theL may carry them to the Bank, where they arc exactly in-
ventoried, a Loan i& .^vanced a,t a very moderate Intcreil, and they remain dc-
pofited as a Security fur the Repayment of Principal und Intereft in fix Months,
which if not complied with, the Things are fold at the Bar of the Bank to the
highcll Bidder, after having advertifed the Day of their Sale and Delivery.
hank of Paris.
iH.'
I''. *
.-ifv-
r
W ■■''
|r . v..,i'
'T^HE general Bank cftablinied At Paris in 1716, and converted into thti
■■' Royal Bank in 1718, fo nearly refembles that of AiAJlerdamt in many of
its Obligations, and Articles of its Polity and Governmtnt, that in all Appear-*
ance it was upon the Model of this, and that of Venice, that Mr. haiu (an £»'
glijhman, ana afterwards Comptroller General of the Finances) formed it, after
having, however, added many Particulars of his own, to render its Utility
greater, and the better to fecure both the publick and private Intereft.
Mr Law foon propofcd giving it the Name of the Bank Royal, that the Funds
' ll^ould be the King's, and that it fhould be adminiftred in his Name, and under
his Authority.
The Projedt of this new Eftablifhment having been examined by the Council
of the Exchequer, where many Bankers, Merchants, and Deputies of trading
Towns refiding in Paris, were called to aflift it, it was apprdVed, and its Execu-
tion rcfolved on, tho' not under the King's Name, nor with his Majefty's Mo-
ney, but lender that of Mr. Law and his Partners, who were to fupply the
Funds, and take cart "^f the;-- Admin iftration.
The principal Motives to the Eftablifhment of this new Bank, icere, that it
would augment the Circulation of Ca(h j that it would make Ufury to ceafe ;
that it would fupply the Carriages with Specie between Paris and the Provinces ;
that it would facilitate to Strangers the Means of having their EfFedls fecurely in
the Kingdom j and, in fine, that it would afford the People a greater Facility in
the Sale of their Commodities and Payment of their Impofts.
The Letters Patent granted for the Erciftion of the general Bank, are of the
2d of May, 17 16, and regiftered in Parliament the 4th of the faid Month and
Year. They contain in ten Articles, the Conditions with which his Majefty
permits Mr Law and Company to make the Eftablidiment.
The I ft Article of thcfe Letters, grants an exclufive Privileg* in favour of this
Company, to eftablifh a general Bank in the Kingdom, and to have and enjoy it
during the Term of twenty Years, to commence from the Day of Regiftering
the Patent, with Permifllon to Covenant, keep their Books, and make their
Notes payable in Specie, under the Title of Crowns of the Bnnk, which fhall be
underftood of Crowns of the Weight and Denomination of the prefent Currency,
permitting likewifc to every one, whether Subjects or Foreigners, who fliall
contract with the Bank, to agree in the fame Manner.
The 2d Article frees the Bank from all Taxes and Impofts, and difcharges the
Stock, and the Sums in Cafl) appertaining to Foreigners from the Duties ttjiu-
iaine, Confifcations, and Letters of Rcprilal, even in cafe of War.
The 3d Article regulates the Form of the Bank Notes, upon the Models an-
nexed to the Letters Patent j and ordains, that they (hall be figned by Mr. Law,
with one of his Partners, and examined by the Infpeflor.
The 4th Article direds that the Bank's general Cheft ftiall be ftiut with three
Locks and Keys, of which one ftiall be in Mr. Law's Hands, another in the In-
fpedlors, and the third given to the Direftor.
The 5th and 6th, treat of the Rcgift.ers, and by whom they are to be mark-
ed ; of tlie general Office to be eftablirticd at Paris, and of the Hours for its
opening and Ihutting daily.
The 7th Article ordains, that no Bank Notes ftiall be iflucd but what are
payable at Sight.
cxanil
Cadiil
The
irant to
\\y in-
lin de-
[onths,
to th^
f-
intb th'd
[ftany of
appear*
(an En'
it, after
I -Utaity
le Funds
\d under
: Council
f trading
;s Exccu-
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jpply the
e, that it
to ccafe;
•rovinces ;
ccurcly in
Facility in
are of the
(lonth and
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our of this
id enjoy it
legiftering
lake their
fhall be
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who ftiall
:n
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itics (tAu'
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with three
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be mark-
ours for it*
jt what are
The
0/ BANKS, ^c. 329
The 8th, prohibits, on Pain of Death, ths making or counterfeiting the
bank Notes, Seals, or Stamps.
By the 9th, Monf. PhiM, Duke of Orleans, Regent of France, is named
Protedlor of the Bank, with Power to exad: an Account whenever he thinks
proper, to be rendered cither to himfclf or thofe he ihall appoint ; and the No-
mination of Inlpedtor, Approbation of the Regulations, and the Propofals for the
Management of the faid uank, arc likewife referved to his Highnels.
In nne, the loth and lad Article declares, that by the Privilege granted to
Mr. Law and Company, his Majefty dees not intend to hinder in any Manner
the Bankers of the Realm to continue their Commerce as ufual.
At the End of thefe Letters Patent, are the following three Models of tht
Bank Notes, viz.
N" Ten Crowns of Specie.
Tie Bank promij'es to pay the Bearer at Sight, ten Crowns oj Specie, ^' the
Weight and. Standard of this Day, Value received in Paris, the
if 17
N". An hundred Crowns of Specie.
The Bank promifes to pay the Bearer at Sight, an hundred Crowns of Specie,
of the Weight and Standard of this Day, Value received in Paris, the
€ 17
N". A thoufand Crowns of Specie.
The Bank promifes to pay the Bearer at Sight, a thoufand Crowns of Specie,
of the Weight and Standard of this Day, Value received at Paris, the
€ 17
The general Bank having been fo cdablidied, in Confequence of the Letters
Patent, his Majefty granted others on the 20th of the faid Month of May, 171 6,
regiftercd in Parliament the 2 3d following, to prefcribe the Form, Conditions,
and Rulc§ which were to be obferved in the Management and Adminiflration
of this new Bank, in order that the Proprietors and the Publick might equally
find their Security in it.
Thefe Letters, in Form of Regulations, contained 2 1 Articles, of which I
(hall only infert here the principal ones.
The hrft Hxes the Funds of tne Bank to 1200 ASlions, or Shares of 1000 Bank
Crowns each, importing fix Millions Ready-Money.
The fourth ordains, that the Bank rtiall be every Day open from nine to
twelve, and from three to fix, excepting on Sundays and folemn Fetfts, and the
Days appointed for ballancing the Bank-Books.
The fixth direds, that in the general Meetings of the Company (which in
confequence of the 8th Article, they are to have twice a Year, on the 20th of
fune, and of December, at ten in the Morning, all fhall be decided by Plurality
of Votes, which fhall be counted, viz. a Vote for each Proprietor who ftiall have
five Shares or more, but lefs than ten ; two Votes for thofe who have ten and
under fifteen Shares, and fo from five to five ; thofe who have under five, not
having any Vote.
The feventh, regulates the Ballancing at the Bank to twice a Year, the one in
the Month of fune, and the other in the Month of December, when the Bank
(hall be (hut five Days, from the 1 5th to the aoth of both the faid Months.
By the 9th, loth, nth, 12th, and 1 3th Articles, the Cheft of the Bank is di-
vided into general and ordinary, the general (where the principal Efi^edls of the
Bank are cnclofed, as the confiderable Funds in Ready-Money, the Notes figned,
i.\aiiuncd, andfealed, as they goon making them, thereturnedones effaced by the
Cadiiers, the Seal of tlvj Bank, and the Plates with which the faid Notes were
impriiitcdj ought to be ihut up with three Locks and Keys, of which one fhall
Ik- kept by the Uircdor, another by thelnfpedor, and the third by the Trca-
iurer, lb tlwt it cannot be opened but in Prelence of thofe three Perfons j and
witli regard to tlie oiilinary Chtll, it fliall be truilcd to the TreaUirer, on Con-
4 P dition.
'•'■'■ 'f^r'-'
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330 0/ B A N K S, ^c.
dition, ncverthclefs, that Funds put in and taken care of, (hall not exceei
200,000 Bank Crowns, of which the particular Calhicrs (hall not have above
20,000 Crowns each at a Time in their Hands, and for which they (hall give a
fufHcient Security.
In the 14th Article, the Reciftcr for the Sale and Transfer of the Stock, is
fjrake of, in which the Seller mall fign his Sale and Transfer.
The 1 6th and 17th permit the Bank to take charge of the Ca(h of Particulars,
as well in receiving as di(burring, to make the Transfer of the Sums, or the',-
Payment in Ready-Money, for five Sols, for every thoufand Bank Crowns, as
likewife to difcount Notes, or Bills of Exchange, in the Manner directed by the
Company.
By the i8th Article, not to Prejudice any Particulars, Merchants, Banker;,
or Traders, the Bank is prohibited to carry on any Commerce in Merchandize,
either by Sea or Land, or in Maritime Infurances j neither is it permitted to
take Charge of the Affairs of Merchants, on Commiflion, either from within or
without the Kingdom.
The 19th, which is one of the mod important, ordains, that the Bank (liall
not make Bills payable at Time, but that all (hall be payable at Sight, and that
it fliall not lend at Intereft, on any Pretext, or in any Manner whatioever.
The two laft Articles are concerning its private Government and Difcipline, as
relating to vifjting the Cheflis, the Eledion to Places, the Power of the Council
of the Bank, to make particular Regulations for its Management and Adinini-
ftration.
Two Months after tliefe laft Letters Patent, the King gave yet a new Regula-
tion of the 25th of yufy, 1716, which ordained, that all the Endorfements
which (liould be put on the Notes of the general Bank, (hould not in the leaft
oblige the Indorfcrs, unlefs they had agreed the Guarantee, in which Cafe the
Guarantee (liould fubfift only for the Time mentioned in the Endorfement.
The general Bank beginning to be e(tabli(hed, and its Notes having already a
confiderable Reputation both at home and abroad, the King, to advance its
Credit (till more, by an Arret of Council of the loth o( April, 1717, ordained,
that the Bank Notes iliould be received as Ready-Money, in Payknent of all
Sorts of Duties and Imports, in all the Offices of his Receipts, Farms, and other
Revenues ; and that all his Officers, Farmers, Sub-Farmers, Receivers, Com-
miffioners, and others, chargeable with the Management of his Revenue, (hall
be obliged to difcharge on Sight, and without any Difcount, the faid Bank
Notes that (hall be offered them, forbidding them to remit any Part of the
Funds of their Receipt, in Bills of Exchange, or by Carriages, or to difcharge
any Order for Payments, if it is not exceeding what they have in Cafli, after
having prcvioufly paid the faid Bank Notes.
The Bank was in this Situation, when the King, informed of the great
Succefs it had at Paris, in the Provinces, and even abroad, judged it more pro-
per for the Good of his Kingdom, and the Commerce of his Subjefts, and to
give ftill more Credit to the Bank, to perfe<fl the firft Defign of eflabliliiing it,
under the Title of the Bank Royal, of which the Funds were to be furnifhcd by
his Majefly, and to be adminiftred under his Authority.
In this View his Majefty publifhed his Declaration the 4th of December, 171 8,
where, after having reprciented the different Advantages, which the Eftabli(h-
ment of this Bank had brought both to his Subjects, and Strangers, as (among
others) the Facility of conveying to Paris the royal Treafurc without Expence,
and without unfurnirtiing the Provinces of their ready Cafli, and that pri-
vate People have of cflabli(hing Funds in all Parts of the Kingdom, and in foreign
Places ; the Diminution of Ufury by Means of the moderate Intereft, for which
the Biink difcounted Bills of Excnange ; the Sums that are lent to the Merchants
and Maniifadturcrs j the Regulation re-eftabliflied in Trade, and in foreign Ex-
changes, and otlier fimilar Advantages, caufed by the general Bank ; his Majefly
declares, that it was refolved to continue it, under the Title of the Royal Bani,
and to ha\ c tiic Direftion of it for the future carried on in his Name, and under
his Authoiity, hiving reimburfed the Concerned their Capital in effeftive
Money, and thereby being become the fole Proprietor of all the Shares of the
i,m\ Bank ; ami in fine, to explain his Intentions av well in Relatiun to the
future
W\
■yt ;:
Of BANKS, ^c.
filture Management of the faid Bank, as the giving up its Accounts, his Majefly
declared his Intentions in the fevcntcen fubfequcnt Articles of Regulation.
By the firft Article, his Majefty converts the general Bank, cdablifhed by
Letters Patent of the 2d and 20th of May, 1716, into a Royal Bank, the Ma-
nagement to commence in his Name, and under his Authority, from the ifl of
'January, I7i9» fubjedl to the Orders of Monfcigneur the Regent, who is the
iole Difpofer.
By thefecond, for the Funds of the Bank, the fix Millions of Livrcs remain a?
before, the faid Sum being adtually in the Chcft of the general Bank, in Notes of
Shares of the IVeJi- India Company, and appertaining to his Majefty, for the Rc-
imburfement made with Money to the Proprietors of tiie Bank.
The third eftablifhes a Diredtor, fubjedt to the Orders of Monf. the Duke of
Orleans, and afligns an Infpcdtor, Treafurcr, and a Comptroller, and fuch other
Officers as fliall be judged neceflary.
The fourth, regulates the Fundiions of the Trenfurer, who fliall receive all
the Funds brought to the Bank, fign alone all the Notes, which, however fliall
be examined by the Infpeiflor, and controuled by the Comptroller, make all the
Receipts and Difburfements relating to t|ie Bank, and fliall only account to the
Council, and to the Chamber of Accounts.
The fifth and fixth ordain, that all the Notes that fliall V<'. made for the
future, fliall be fealed with a particular Seal, bearing the Arms of France, with
thefe Words Bank Royal; that the Impreflions fliall only be made in the Office
of the general Cafli, where the Seal mail remain depofited, and the faid Cafli
fliall be fliut as before, with three Keys, and not be opened, but in Prefence of
the Diredlor, Infpedlor, and Trcafurer, who fliall be the Depofitary.
By the 7th, 8tn, and 9th Articles, it is faid, that there fliall four Regifters be
kept, three for the Infpcdtor, Treafurer, and Comptroller, for each one, for the
rcgiftering the Notes, and the fourth only for tlie Treafurer, which fliall contain
the Benefits and Advantages arifing from the Difcounts of the Bills of Exchange,
and other Operations of the Bank, which fliall be examined, at leaft, every Week,
by the Infpedtor and Comptroller, the which four Regifters fliall oe marked by
a Commiflioner of the Council, named by his Majefty, to whom it fliall like-
wife appertain, to make the Vifits, Examen, and Verification of the faid Regifters,
and of the Cafli, Gfc. The feventh Article ordaining befides, that no Notes
fliall be made, but in Confequence of the Arrets of Council, in Virtue of which,
the faid Notes may be made to the Bearer's Choice, either in Crowns of the
Bank, or Livres Tournois.
The loth Article fpeaks of the Salaries and Charges of the Adminiftration,
and appoints who fliall dircft them, who pay them, who fliall be accountable,
and to whom.
The nth, 12th, 13th, 14th, and 15th Articles, explain the Manner in which
fliall be drawn up the verbal Procefs of the Effefts of the late general Bank, and
by whom. The Obligation of the Inlpedlors, Trcafurers, and Comptrollers, in
regard oi the Extrads, Deeds, and Copies of their Regifters, which they are
obliged to furnifli yearly to the Clerk, or Regiftry of the Chamber of Accounts,
of the true State on which the Trcafurer accounts yearly to the Council, and after-
wards to the faid Chamber of Accounts, one Year after another : Of the 36,000
Livres, fettled for Fees, Fafliions, and Vacations of the fiid Accounts j and in
fine, how thefe Accounts are drawn up, how many Chapters there ought to be of
Receipts and Payments, and what each Chapter contains.
The 1 6th Article, to cftablifli better Order, and put the Bank in a Condition
to render to the Concerned, the Value of the Notes which they may have loft
or torn, liclarts, that the Notes of the Bank fliall be profcribcd after five Years
from the Date, in cafe no Demand has been made on the Treafurer, during that
Time.
In fine, his Majefty having by the i6th Article of the Letters Patent of the
20th oi May, 1716, permitted the general Bank to take Charge of the Cafli of
Particulars, as well in receiving as paying, his f.iid Majefty approves and declares,
by the 17th and laft Article, that the Royal Bank fliould cnjc^ the fame Faculty,
but without any Profit, and without the Concerned's paying the five Sols per
thoufand
JJ
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0/ B A N K S, ^r.
thoufand Crowns, which had been granted to the Bank of Mr. Law j and his
Majffty alfo ordains, that the faid Accounts in Bank cannot be fcized, on any
Pretot whatlbevcr, even for his own Concerns or Money, unlefs in cafe of
Failure or Bankruptcy, when he permits it on the Terms of the i ft Article of
the I ith Title of the Edidt of March, 1673 ; or in cafe of Dcceafe, to arrcft
and feize in the Hands of the Bank, the Funcls, which Bankrupts, or Dcfunfts
may have difcounted on the Books, in which cafe of Seizure, the Bank flidl
only be obliged to notify it to the Diftrainers, in eight Days from that of the
Seizure, at the Place by them clcfted, and this by a finiple Declaration, figned
by the Treafurer, and revifed by the Infpcftor and Comptroller what is due to
the Perfons, upon whom the Seizure has been made ; the who'.c conformable to
the 12th Article of the Edift of the Month of Deceminr, 171 7, granted in Fa-
vour of the Wejl-lndia Company : His Majcfty moreover, confirming the Letters
Patent of the 2d and 20th of Afri^y, 171';, and the Declaration ofthe2 5thof
"^uly following, ordaining, that they fhou)d be executed, according to their Te-
nour and Form, in which nothing is derogated, or innovated ^ y tha prefent De-
claration.
This Declaration not having been regiftered in Parliament, his Majefty
ordered (by an Arret of Council, of the 27th of December, of the faid Year 1718)
all Intendants and Commilfaries, difpofed in all the Provinces and Generaltics,
ci the Jurifdidlion of the Parliament of Pari.;, to fend to the Bailiwicks, Sencf-
chal's Precindls, and royal Tribunals of their Diftrids, to have it read, publilhed,
fixed up, and regiftered, jointly with the other Letters Patent, Declaration, and
Arrets, bound together under the Counter Seal of the Char -ery.
This laft Arret of Council, direfted to the Intendants, contains, beftdes the
abovementioned Orders, eight Articles of Regulations, of which fome regard
the Polity and Government of the Royal Bank, and others, the Payments which
arc made in Brafsand Copper Money, ur in the Species of Gold and Silver.
In regard of the Adminiftration, it is ordained, firft, that on the i^oi March,
of the following Year 17 19, befidcs the general Oflice at Paris, there Ihall be
eftablifhed in the Cities of Lyons, Rocbelle, 'Tours, Orleans, and Amiens, a parti-
cular Office of the Bank, compofed of two Chefts, the one in Silver, for to dif-
charge at Sight the Notes that fliall be prefentcd, and the other in Notes, to
furnirti thofe who aflt for them.
I. Whereas the Bank Notes will be always paid at Sight, it Is forbid to all
Notaries, Bailifts, and Huiffiers (Officers) to make any Proteft, or other Ads,
againft thofe who offer the faid Notes in Payment, in thofe Places, where there
is an Office of the Bank erefted, except that in any of the faid Bank '^.tics, it
ftiould happen that the faid Notes were not paid immediately at Sight ; in
this Cafe, the faid Officers are permitted to proteft, and to make any Ads to that
P irpofe, as they fhallfee Caufe.
For what concerns the Paying in Brafs or Copper Money, the Regulation
direfts, Firft, that in the City of Paris, and thofe others, where the Royal Bank
ihall have its Offices, thefe Species, and fmallCoin, fliall not be given or taken,
but in Payments, not exceeding fix Livres, except for a Ballance.
2dly, That in the faid Cities, the Silver Coins (hall not be given nor taken in
Payments, which exceed the Sum of fix hundred Livres, except for Ballances ;
and the Sums that exceed tliis, fliall be paid in Gold or Bank Notes.
In fine, to put a Stop to the Abufcs which arc committed in the Payments of
Silver Snccicp, under the Pretence of the Bag Duty, it is enjoyned that hencefor-
ward, the Bags of Silver fliall only contain 000 Livres compicat, without being
permitted to put in any fmall Money, or that any Thing (liall be retained for the
Bag, except in the Bank Offices, where the Conimiffioners fliall be allowed to
detain four Sols for each Bag of fix hundred Livres tliat they fliall pay in Specie ;
the (liid ComniiiTioners being equally obliged to make good the faid four Sols to
thofe who Iball bring the Bags of Silver to the Bank.
The Credit of the Bank Royal being confidcrably increafed fincc the firft
Months of its F-ftabliflimcnt, the King, to give it ftill more Reputation, and fa-
cilitate its Adminiftration, and the Circulation of its Notes, iliued many new
Arrets J and among others, one of the 5th of January, another of the i ith of
4. February,
Of BANKS, ^r.
335
JPehtuay, a third on the ift of Aprtlt uid a fourth on the 2ad of tka dime
Month, I7i9> concerning the makine of the Bank Notes i the Total of the f«^
Fabrication i their dilfereat Values t tne Quantity and the Numbenoi tack Sort
of Notes; the Regifters that are to be drawn up, and the Manner in which the
Payments are to be made.
Of thefe four Arrets, I (hall only give here the Extradl of the laft t his Ma-
jefty (as is exprelTed in the Motives to the Arret) bcir j plcafcd to join or reduce
all the Regulations idued fucceffively touching the Bank Notes and the Order of
their Payments, into one.
.. This Arret of the 22d of April, I7i9t which contains ten Articles,
ordains j
I ft, That the Arret of Council of the ^^oi January, of the fame Year in
that which concerns the Compofition of twenty-iiTe Regifters, containing each
eight hundred Notes of a hundred Crowns of Specie, of the Weight and Stan-
dard of this Day, making two Millions of Crowns, and the Sum of twelve
Millions of Livrcs, {hall remain unexecuMd.
2d, That there fhall be made fixty Regifters, containing each 800 Notes of
1000 Livres, numbered from 4B001 to 96000 inclufivc, making the Sum of
forty-eight Millions; and thirty Regifters, containing 1000 Notes, each of 100
Livres, numbered from looooi to 1 30000 inclufive, making the Sum of three
Millions, and the Total joined to that of the preceding Arrets, making that of
no Millions; of which his Majefty ordains, that there (hall be rcferved ten
Millions, not to be delivered, but to replace the Notes of the fame Nature
which fliall return in indorfed, and confequently ufclefs.
" There was made in Confequcnce of the preceding Arrets, as far as fifty-
" nine Millions of Notes in Livres Tournois, viz. twelve Millions of Notes of
** 1000 Livres, and fix Millions of Notes of 100 Livres, by the Arret of the
" cth oi January: Sixteen Millions aUb of 1000 Livres, and four Millions nf
" Notes of 1 00 Livres by the Arret of the 1 1 th of February ; and twenty ?ail-
■" lions likcwife of Notes of iooo Livres, and a Million of Notes of 100 Livres
" by the Arret of the i^oi April"
3d, That the Bank Notes, agreed in Livrcs Tournois, ftiall not be fubjed to
the Diminutions which may bcfal the Species, and that they fttall always be paid
to the full, and entirely.
4th, That conforti'^able to the Arret of the loth ol AprU, 1717, the Bank
j^^otes (hall be taken in the Receiver's, and other Offices, in Payment for his
Majefty's Duties; and the Receivers and Commiftioners of the faid Offices Hiall be
obliged to change, io the Species of Gold and Silver, all the faid Notes that (hall
be offered them, as far as tne Funds which they (hall have in Cafh will admit.
5th, That in the Cities where the Bank has Offices, the Creditors may demand
of their Debtors, the Payment of their Debts, of whatfoever Nature they are,
in Bank Notes ; without their being conftrained to receive any Part in Specie of
Gold or Silver, except the Bailaaces.
6th, That in the (aid Cities, where there are of thefe Offices, thofe that are
entrufted with the Receipt and Management of the Royal Revenue, (hall have
their Cafti in Bank Notes, and in Cafe of a Diminution of the Species, they (hal|
bear the Lois of thofe which fhall be found in their faid Cafh.
7th; That in the faid Cities, no Farmers, Diredlors of the Pofts, Mafters of
Coaches, or other Carriages and their Condudtors, (hall load any Species for
Tranfportation to other Places, where there are liicewife Offices of the Bank ;
except it be for the Bank's Service, of which they fhall take a Certificate.
8tn, No Payments fhall be mode in Silver, but with the 600 Livre Bags, and
that nothing (hall be retained for the Bags, except the four Sols granted only to
the Bank of Calliicrs.
9tii, That the Species of Brafs and Copper fhall neither be given or taken in
Payments that pafs fix Livres.
loth, In fine, that the Ditputcs, Oppofltions, or Impediments to the Execu-
tion of the prelent Arret, (bail be referved to his Majefty and Council of State ;
the Ccgni/ance thereof being fucbid to all other Judges. It is moreover ordained,
tliat Patterns (hould be publifliedof the different Species of Bank Notes.
4 Q_ Thofe
",'^i
\\:
\n
334 0/ B A N K S, ^c.
ThoTe Bank Notes are cf three Sorts ; fame of looo, othcri too, and otheri
•gain of ten Livres.
The Notes of loco Livrci are wrote in round Hand, thole of loo Livres, in
baftard Letters, and them of lo Livres, in the fame, only in a I'maller
Charafter.
The Margin of each Note is bordt red with a Vine Hn nch of a foft ImprctTion »
in the Bodv of the Paper upon which t'.ie Note? are printed, there are thcfe
Words, BiOetde Banque (Bank Note) in Room of the Paper-maker's Mark, and
at the BottOK) ol each Note is the Imp; eflion of the Seal.
The three Sorts of Bank Notes heing libelleJ in the fame Manner, except in
the Sums, which art different, it will fuffice to give only one Model here.
Model of the Bank Bills.
N«. r a Thoufand.
< a Hundred Livres Tournois.
(Ten
The Bank prrmifti to pay tbe Bearer^ at
r a Tboujand
SightX a Huadred Livres tournou in Specie of
Fii (fccn)
Silver, Value received in Paris tbe
Controlled.
m^-'y^h
I •!
IS
?' < '
The Lank continuing to ^aln Credit, there was yet aother Fabrication of
Bills maieby an Arr.tuf the loth oijune, amounting tohfty Millions, of which
forty-eight Millior>s were in Notes of looo Livres, and two Millions in Notes
of I CO Livres.
Thcfe hundred and fixty Millions r.oi being fuffii.ient, as the CrciUt cf thr
Bank co:itinued to augment fo much, the !<til was nrdulned in the Month of
July, of two hundred and forty Millions; viz. two hundred Millions in Notes
of a thoufand Livres; thirty Millions, in Not;s of a hundred Livres; and ten
Millions, in Notes of ten Livres ; makiK*; in all, with the preceding Fabrica-
tions, four hunuicd Millions, to which the Lank Notes remained then fixed.
Of thcfe two hundred and forty Millions, forty Millions were deiigned to be
diftributed in the City oi Paris, a hundred Millions in the provincial Offices of
the Bank ; and the other hundred Millions were refcrvcd to furniHi thofe that
Hiould return in the Notes endorfed.
The Arret of the 2r*lio{ July, 17 19, which decreed this numerous Fabrica-
tion of Bank Notes, and regulated their DeAination, ordained befides
That there fhould be immediately eilahliilied by the DireAor of the Bank,
particular Offices in every City of the Kingdom, where there are Mints, except-
ing the City of Lyons.
That in each of the faid OAices, there fhall be a Cafh in Notes, to furniHi
thofe that demand them ; and Calh in Silver, to pay at Sight, and Gratis, the
Notes that fhall be prefented.
And that from the Dav of opening tht faid Otfices, it Hiall be permitted to tiie
Creditors to exad from tneir Debtors th^-ir Payment in Bank Notes, even in the
Cafe where ihe Notes gain upon the Species; his Majefty excepting nevcrthelefs
from this lafl Difpoi^.tion, the Bills drawn from foreign Parts, or endorfed there,
whicli fhall continut to bt paid, conformable to the Arret of Council of the 27th
of May, of the faid Year 1719.
Tlicfe three Articles of Adminiftration having already been begun, in the De-
claration of tlie4th of December, 171 8, by the Converfio;i of the general Bank into
the Pank Royal, and in Arrets of Council of the 27th of the faid Month and
Year, and on the azd of y^V'/, 1719, but it is only properly by this laft Arret of
the 25th of y///)', that thv. ^ftablifhment of the Bank Offices, and the Privileges
of its Notes, have received all their Perfedlion.
Th«
The
Of BANKS, ^c.
The four hundred Millions of Bank Note«, made to ehc Month of ^k^, i7J9i
having been prefcntly exhaufted by the great Circulation, which iv made of tnem
in Trade, as well at Par'u a« in the Provinces, it became neceifary to think of an
Encreafe, to facilitate to the Publick a Bulinefs fo commodious.
Thefe Fabrications are three in Number, all (as the preceding ones) made in
the Ycir I7i9.
The Fabrication of the i ath of Stttember, confifled in a hunc^red and twenty
Millions, diftributed in twenty Reginers, containing each fix hundred Notes (n
ten thoufand Livres^fr Note, numbered from i, to isouo.
The fecond, of the 24th of O&obtr, is in every thing fimilar to that of Sep-
tember, for the Number of Regifters, Quantity and Value of Notes, and the Sum
Total of a hundred and twenty Millions 1 thefe laft beginning at N». 12001, to
No. 24000, inclufive.
The third of thefe laft Fabrications is of the a9th of December, and the
greateft, not only of the two preceding ones, but even of all thofc, which had
been mftdc to that "imc, its Total amounting to three hundred and fixty Mil-
lions, diilributed in four ClaiTes of Notes of ten thoufand Livres, a thoufand
Livres, a hundred Livres, and ten Livres, viz.
In Notes of ten thoufand Livres, twenty Regifters containing fix hundred
Notes each ; of which ten Regifters are engraved in the common Form, and
numbered from 24001, to No. 30000, and the ten others are printed, and the
Notes numbered from i , to 6000, making together the Sum of a hundred and
twenty Millions.
In Notes of a thouHind Livres, a hundred and ninety-four Regifters, contain-
ing each eight hundred Notes, of which eighty Regillers are engraved, and tne
Notes numbered from 344001 lu N**. 408000, and the other or<; hundred and
fourteen arc printed, and the Notes ntimbered from i to N°. 91200, making
together the bum of a hundred and fifty-five Millions, two hundred thoufand
Livres.
In Notes of a hundred Livres, feven hundred and twenty-eight Regifters, con-
taining each a thoufand Notes ; ct which fifty. Regifters are engraved, and the
Notes numbered from 450001, to No. 500,000, and the other fix hundred
feventy-eight arc printed, and the Notes numbered from i , to 678,000, making
together the Sum of feventy-two Millions eight hundred thoufand Livres.
In fine, in Notes of ten Livres, twelve hundred Regifters all printed, con-
taining each a thoufand Notes, numbered from i , to No. j 200000, making the
Sum of twelve Millions.
It is then a thoufand Millions of Notes which the different Fabrications, made
fincc the Bank's Eftablifhment to the End of the Year 1719, amount to, and
muft henceforward moke its capital Funds ; and thefe with the current Coin
having appeared fufficient for the Circulation of the Kingdom, his Majefty .
declares by the faid Arret of the Month of December, that no more fhall be
made for the future, except the Quantity of printed Notes, that (hall be necef-
iary to replace thofe endorfed and cancelled.
It is for the Execution of this Referve of replacing the Notes, that by an
Arret of Council of the loth Day of February, 1720, a new, and the laft Fabri-
cation of two hundred Millions of notes has been ordained, with a Prohibition
to the Treafurer General, to employ them for other Ufes, tlian to replace the
Notes which (hall be returned endoned.
Thefe new Notes, which are all to be dated from the ift of January, 1720,
aie diftributed only in three ClafTes ; viz. in Notes often thoufand, one thou^nd,
and a hundred Livres.
The Regiflcr for the Notes of ten thoufand Livres, are to the Number of
thirty-three, containing each fix hundred printed Notes, numbered from 6001, to
2580U, amounting to Uie Sum of a hundred and ninety-eight Millions.
For the Notes of a thoufand Livres, there are no more than two RcgifterSj
containing each eight hundred printed Notes, numbered from 9 1201 ;o N".
92800, making the Sum eft', hundred and fixty thoufand Livres.
In fine, four Regifters are deftined for the Notes of a hundred Livres, each
Rcgifter containing a thoufand printed Notes, numbered from 678001, to N«.
682000, making the Sum of four hundred thoufand Livres.
It
335
• i'.ll/i-ViJ
''1
. I 'I J vl
\%
33^
!■-?.: .:
W-
>\'f
0/ BANKS, ePf.
It Ihould be retnuked. that the Bank NotM of ten Livrei (of which there Ii
no mention made in the Arret, bccaufe it •va« not cuftontary to eiidorfe them,
by reafon of their Smallnefs) were afterwardi fuppkclTed, in order to bring more
ready Money into Trade, and yet futurelv to re-eftabliHi them, when the Utihly
of them fliould be better known, m (hall be mentioned in what follows.
The Arret in which the Supprcflion of thefe fmall Notes was itt firll ordered,
it of the fame Month of Ft^raary, 1 720, and it appears, thai this it was which
nve to the Bank Royal its ultimate Form, and entire PerfeAion, at leaft for its
Management, in confirming its Union with the India Company.
S. A. R. Monfeigneur the Duke of Orltant, the Regent, being at the gene-
ral Aflembly of this Company, held at the Bank the 2 2d of Ftiruary, and this
Union which he propofed in the King's Name, having been accepted, his Majedy
regulated the Conditions by the Arret of the 23d, which in twelve Articles,
contains ('yefides what concerns the Bank) the Confirmation of all that was
propofed Ny S. A. R. and accepted by the Company in the Aflembly of the pre-
cedmg Day.
The Difpofitions of this Arret, which fix the Conditions of the Bank for the
future, arc principally thofc of the four firft Articles, and of the laft, and there-
fore (hall be the only ones mentioned here.
Bv the firft. His Majcfty gives the Government and Adminidration of the
fianic to the India Company, for all the Term remaining unexpired of the faid
Company's Privilege, and grants to it all the Profits and Bei. 'tits of the Bank,
even thofe made fince its Cunvcrfion into the Royal Bank.
The fecond declares, that the Bank remains a Royal Bank, ind his Majefty
continues refponfible to the PubKck for the Value of its Notes, as the Company
does to the King for the Adminiftration and Management of it, for which the
fixteen hundred Millions it lent his Majefty, remains a Pledge, with a Prohibi-
tion to the Diredtors, not to make any new Bank Notes, but in Virtue of an
Arret of Council.
It is ordained by the third, that the Company fliall account for what is
received and paid, by a brief and true State, as well to the Council, as to the
Chamber of Accounts, in conformity with the Declaration of the 4th of Dr-
etmier, 171 S,
The fourth, forbids the Company to exad any more than five per Cent, which
had been granted to the Bank upon the Silver brought into its Offices, nor to
receive or pay the Species, but at the current Pricet nis Majefty ordering more-
over, that for the future, only three Sorts of Notes (hould be delivered, viz. of
ten thoufand, of a thoufand, and of a hundred Livres i and in Regard of the ten
J.ivrc Notes, that they (hould yet be received for two Months, at the Offices of
Receipt and Cuftoms, or paid in Specie at the Bank Offices, which the Bearer
,cho(e.
" This SupprefTion of the ten Livre Notes, did not only take Place, as hat
" been faid already, but new ones were made, to cut down thofe of ten thou-
" (and, nevcrthelefs, without this Fabrication's Encreafing the total Number
*' of Bank Notes mentioned here before, the cut Notes of ten thoufand Livres
'• having been cancelled and put out of the Commerce."
In fine, by the eleventh and lad Article, the Cortiptroller General of the Fi-
nances is named by his Majefty Infpedtor General of ihs IiuHa Company, and
Bank ; and his faid Majefty ordered Mr. Pelletier de la Hotfpt}fe» Counfellor of
State v.\ Ordinary, and the Provoft of the Merchants of Paris, afti/led by two of
the ancienteft Elchevins then in Poft, with the Judge, an/1 the fixft Conful of
the Confiilar Jurifdidtion, to vifii the Cafh and Books of tie Bank four times a
\'car, and oftener if they think it proper, without being obliged to give any
Warning.
The Arret of the 19th of April, 1720, juft now fpoke of, concerning the Sup-
prefTion of the Bank Notes of ten thouiand Livres, and the Fabrication of
others of a thoufand, a hundred, and ten Livres, to be fubftituted in their
room, imports, that the King being informed that it was convenient for the Eafe
of Commerce, to augment me Number of the thoufand, hundred, and ten Livre
Bank Notes, and to diredt the bringing in thole of tea thoufand Livres to be cut
4 dowD,
0/ B A N K S, ^c.
down, ordained, that Bank Notes of a thoufand, a hundred, and ten Livrcs,
Hiould be made for four hundred and thirty-eiKht Millions, viz. three hundred
ftegiAert of Notei of a thoul^nd Livrcs ( each Regifter cuntuinirg eisht hundred
printed Notes of a thoufand Livreii each, numbered from 2 1 2801 to N*. 450800,
making the Sum of two hundred and forty Millions 1 a thoufand eight hundred
and ten Regiflerii of a hundred Livrc Notes, containing a thoufand printed ones
each, numbered from 682001, to N". 2492000, making the Sum of one hun-
dred eighty-one Millions 1 and one thouliind fevcn hundred Regiders ol ten Li-
vre Notes, numbered from 1 200001, to N". 290000c, making the Sum of fe-
ventecn Millions t and in the whole, that of four hundred and thirty-eight Mil-
lions, the which joined to that of fcven hundred fixty-two Millions, in limilar
Notes of a thoufand, a hundred, and ten Livres, rill then made, fwells the to-
tal Sum to twelve hundred Millions. His Majeily moreover ordaining, that in
three Months the ten thoufand Livrc Notes ihould be brought into the Offices of
the Bank at Ptin't, and in the Provinces, to be cut in Notes of a thoufand, a.
hundred and ten Livres.
The I'ublick, which fincc the Bank's Eftablifliment had been always fearful
of loading itfclf with the Notes, being, in fine, recovered from its Apprehenfi-
ons, began to favour it j and both at I'aru and in the Provinces, the moil repu-
table Merchants already preferred them to Payments in Specie 1 and it was com-
mon to fee them gain one, and one and a half per Cent. When an Arret of the
Council of State appeared on the 21II of May, 1720, which ordained the Rc-
du6 ion of the Notes, to a Moiety, on the Terms diicdled in th*" faid Arret, in
order to put them on a Par with tne Silver Species, of which the Dimmution had
alio been ordered by a preceding Arret, and that it was to be effected in the re-
maining Part of the laid Year 1720.'
Although this Redudlion of the Notes feemed abfolutcly neccHary, that the
Motives explained by the Arret were urgent, and well founded 1 and that the
Execution liad been concerted and ordered, with all the propereft Precautions
and Regard, to hinder the Public from feeling all the Burthen of this Diminu-
tion; yet the King having been informed, that contrary to his Intentions, this.
Redudtion had produced a general Confufion in the Commerce) and, willing to
favour the Circulation of the Bank Notes, to the Advantage of thofe who paid
and received them, his Majefty ordered, by an Arret of the 27th of the faid
Month and Year, that the Bank Noitcs Ihould have, and continue always to
have, a Currency upon the latne Footing, and for the fame Value, as before the
Arret of tbe 21ft, which he revoked.
His Mnjelly, in the Month of June following, publidicd an Edidt, for the
Creation of twenty-five Millions of Rent upon the City of Parit, of which the
Capitals (hould be paid in Notes and Receipts that (hould be cancelled. This
dcmonflrated and confirmed, that after other openings, to get rid of the faid
Bank Notes, the Diminilhing their too great Number, and reducing them to
the ncceffary Quantity, to fupport the Credit and Commerce of the Bank, it
(hould be put upon the Foot of the Banks of finite, London, Amjitrdam, and of
other Cities of Europe, where they arc eilabliHied, of which all thcfc Nations
have for fo long a Time found the Utility and Convenience.
The total SupprcfBon of the Notes of the Royal Bank, having, in fine, been
judged neccflary to the State, his Majefty being informed that the Commerce
could not longer'pafs without the Circulation of the Species, upon Account of
the Abufe, u«^ch the Ufurers and Stockjobbers bad introduced, into the Bufi-
ncfs or Trade of Bank Notes, which they had almoft entirely difcredited ; or-
/^/Wthis Suppreflion by an Arret of Council, of the loth of OSiober, 1720,
nor leaves them longer current than to the ift of iVwfw^fr following, but
granting, to the laft of the faid Month, to thofe who found themfelves burthen-
cd, theOpeningsfpecifieJ in the faid Arret, which I (hall give here entirely, on
Account of the Importance of the Matter.
337
<•,"»•
-■ ^
4R
Arret
'I ■
m
m
Wl')^.
l}p ■ ■ .-■ ■;..,,
.-■'"■/ f .
■ff'.' ■■
'l
^^;'',-
338 0/ B A N K S, &c.
Arret of the King's Council of State, ordering a Supprefjion of the Bank Notes of
the loth of Odlober, 1720.
TH E King having made, to be reprefentcd in his Council, the State annex-
ed to the Minutes of the prefent Arret, of all the Bank Notes, as well
engraved as printed, that have been made in Virtue of the different Arrets ; up-
on its Receipt, his Majefty learnt, that the whole of the faid Notes of all Sorts,
amounted to the Sum of two thoufand fix hundred and ninety-fix Millions four
hundred thoufand Livrcs, of which Quantity of the faid Notes, there has been
coilverted, of thofe of a thoufand and ten thoufand Livres, the Sum of two hun-
dred Millions, into Notes of a hundred, iifty, and ten Livres, in Form of Di-
vifion only, wl:! ut any Augmentation of th? total Sum, and this in Execution
of the Arrets of the 26th of June, 2d, and 19th of September lail j that of the
faid Sum Total of the faid Bank Notes, there has been burnt in the Town-
Houl't of Paris, the Value of feven hundred and feven Millions, three hundred
and ti^enty-feven thoufand four hundred and fixty Livres, according to the ver-
bal Proi-eflcj, that have been drawn up, as well by the Commiffioners for this
deputed by his Majefty, as by the Provofts of the Merchants, and Sheriffs of
the faid City, dated the 28th of June, ift, 9th, i6th, 23d, and 30th c. Ya^,
6th, 20th, and 29th of Auguji, all laft paft ; bcfidcs which Quantity of Notes
burnt, there has been carried to the Royal Treafury, for the Acquifltion of per-
petual Annuities, or for Life, more than five hundred and thirty Millions; to
the Bank's Calh, more than two hundred Millions, to have open Accounts
there, accorHing to the Arret of the 31ft of "JulyXzA, and for about ninety
Millions in the difterent Chefts of the India Company, Bank, and Mints, for
the Payment made in Specie, all which Notes will be incefTantly burnt in the
Town-Houfe of Paris, as foon as the faid Commiflioners of the King fhall have
firJflied the verbal Procefs, fo that there remains no more Bank Notes in Trade,
than for the Sum of one thoufand one hundred and fixty-nine Millions, feven-
ty-two thoufand, five hundred and fortr Livre:, to call in which Sum, befides
that which remains to make up, in Notes of Funds of the twenty-five Millions
of Annuities, created by Edift in June laft, there ftiall yet be extinguished four
hundred Millions for the Capital of the eight Millions of Annuities, at t\('clve
and a half per Cent, created m Auguji laft, upon the Impofts of the Provinces
of the Kingdom, and a hundred Millions for the Capital of the four Millions of
Annuities on Lives, at fix per Cent, created by Edidt alfo laft Auguji ; and that
which (hall not have been carried to the faid Openings, may be either employed
in an Acquifition of the Tenths of Shares, according to the 8th Article of the
Arret, of the 1 5th of September laft, amounting to four hundred Millions, or
be carried to the Mints, according to the faid Edidl of the Month of September,
or remain Annuities under the King's Guarantee. And as by all thefc Difpofi-
tions his Majefty has given to the Bank Notes, Openings fuitabh to the difTer-
cnt Views of his Subjedts, beyond even what is neceffary to abolifh the faid
Notes; that befides thofe of a hundred, fifty, and ten Livres, which have ftill
a Currency in the Commerce, according to the preceding Arrets, they ar^ ne-
verthelcfs fell into fuch Difcredit, that they have no longer ? Value as Species,
and that they are not regarded, only in Refpcd to the Employs which they can
make ; fo that the few Payments which are yet made with the faid Notes, only
feeve to hinder the Circulation of the Silver ; to fupport the high Price of Provi-
fions and Merchandize ; and to introduce or perpetuate an Infinitude of Abufes
in Trade, which can only ceafe by re-eltabli(hing the Payments in Specie ; his
Majefty has therefore thought proper to ordain it, in a convenient Time, by de-
creeing it to begin from the firft of January, of the prefent Year, to pay off in
this Nkiiner the Arrears of all the Rents that it owes, together with the Pcnfions,
Wages, Maintenance, Charges, andExpenccE, of whatfoever Nature they be;
for which it being neceffary to provide, his Majefty in Council having heard
the Report, by Advice of Monl'. the Duke of Orleans, Regent, ordained, and
does ordain what follows, viz.
l.Thc
ar^
t.The
Of BANKS, ^c.
t. The Bank Notes ftiall not, from the iftof November next, be either given
or received in Payment, on any Caufe or Pretext whatever, except by a mutual
Confent, to which Purpofe his Majcfty has derogated, and does derogate from
the 3d and 4th Articles of the Arret of Council of the 1 5th of September laft.
2. Neverthelefs, his Majcfly wills, that from the Day of the Publication of
the prefent Arret, there Hiall no Bank Notes be taken in the Offices of the Re-
ceipts and Farms, even for the Duties and Impo/ls due before the Publication
of the faid Arret ; and that the faid Duties, and Impofts of what Sort and Na-
ture foever they be, Hiali be entirely acquitted in Specie, with the Exception
however of the Sums due, as well for the faid Duties and Impofts, as other-
wife, before the ift of Jaumry laft, the which may be paid to the i ft of De-
cember next, in Bank Notes of a hundred, fifty, and ten Livres.
J. His Majefty alfo wills, that the Rents, Penfions, Appointments, Wages,
other Sums which remain to be paid by his Majefty, 011 the Expences of the
?refent Year, 1720, be difcharged \n Specie, and that the Sums due for the
ears antecedent to the prefent, fhall be only paid in Bank Notes of a hundred*
fifty, and ten Livres.
4. The Dividends due by the India Company, to the i ft of January next,
fliall be paid in Bank Notes of a hundred, fifty, and ten Livres ; and in Regard
of the Arrears, as well of the Rental Shares, as of the Annuities due by the faid
Company, his Majefly vnlU, that they be paid in Specie, to commence from
the I ft of Jufy laft.
5. His Majefty permits the Bearers of the Bank Notes of a hundred, fifty,
and ten Livres, to place them to the laft of November next, inclufive, in the
Employs by it directed ; after which Time, what fhall remain of the faid Notes,
ore only convertable, in Rental Anions, (or Shares) or in Tenths of the Shares,
mentioned in the 8th Article of the Arret of Council of the 1 5th of September
laft. And the prefent Arret (hall be read, publifhed, and fixed up, wherefoever
need be ; and for the Execution hereof, all Letters requifite, fhall be difpatch-
ed. Done at the Council of State, (his Majefty being prefent) held at Ptfrir the
jothDay ofOSober, 1720. Signed Phelipeaux.
One of the principal and laft Openings, and it may be faid the moft convenient
to Trade and Traders, was, without Doubt, the Eftablifhment of open Ac-
counts, and Transfers, ordered by the Arret of the 1 3th of July of the fame
Year, 1720.
From the firft EreAion of the general Bank, this Eftablifhment was thought
on, and by the i6th and 17th Articles of the Letters Patent, of the 20th of
May, 1 7 16, it was permitted to that Bank, to take Charge of the Cifh of Par-
ticulars, as well in Receipts as Payments, and to transfer fome, which was
equally granted and confirmed, by the Declaration of the King of t}ie 4th of
December, 171 8, by which his Majefly honoured it with the Title of Bank-
Royal, and to ordain that for the future, the Management fhould b£ made in
his Name, and under his Authority.
It is true, that the Bank had not yet made ufe of its P' ivilege, and vhat if
fome Particulars had carried their Funds to its Cafli, this w?is rather by Way of
Depofit, than to have open Accounts, and to make Transfers, in which it muft
be owned, that the French Bank has been very inferior to foreign ones, which by
the Operations of their Accounts, and Transfers, have placed a Facility and Se-
curity in theirCommerce, and among their Merchants, of which it is aftonifh-
ing tnere has yet no Notice been taken in France, where, particularly for a Cen-
tury paft, fo many Eflablifhments, advantageous to Trade, and thoi'e concerned
in it, have been made.
It is then altogether, and for to fink fix hundred Millions of Bank Notes,
and to ouJk the French Merchants enjoy the /idvantagcs that the neighbouring
States have been ufed to find in their open Accounts and Transfers, that his Ma-
jefty ordained by his Arret of Council, of the 13th of July, 1720, that there
dMuU be Books opened, as well at Paris, as in the principal Cities of the
Kingdom, coofbcmable to what is obferved in the Countries, where fuch Efta-
blifhmencs are made, and according as it is more amply explained, by the eigh-
teen
339
! t
Uy-S^i
*i' ^
;40 0/ B A N K S, ^f.
teen Articles of the .-.d Arret, of which follows an Extrad, as well as of thtf
Inftrudions drawn up in Confeqiicnce, to facilitate the Execution.'
The I ft Article of the Arret, ordains, that there fhall be opened, at the Of-
fice of the Bank at Paris, the 20th of the faid Month of July, and the 20th of
^uguji following, in all the Cities of the Kingdom, where there arc Mints, and
in all thofe, where it fliall be judgf- ' neceflary to make fuch Eftabliftiments, a
Book of Accompts Current, and T sfers, of which the Funds (hall not ex-
ceed fix hundred Millions.
2. That upon the faid Funds of fix hundred Millions, there fliall be referved
three hundred Millions for the provincial Cities.
3. That the Funds of three hundred Millions for Paris, fliall be made in the
'Bank there, in Bank Notes of ten thoufand, and a thoufand Livres only, which
fliall be received by the Bank's Treafurcr, cancelled by him in Prefence of the
Bearers, and then burnt, in tlie Manner prcfcribed by the Arret of the nth of
June foregoing, and the Bearer Ihall be credited the Import of the faid Notes.
4. That the Funds of the three hundred Millions, rcftrved for the Provincial
Cities, fliall be made in fuch Notes as the aforementioned, before the Directors
of the Mints in the faid Cities, to be by them cancelled in the Prefence of the
Bearers, and afterwards fent to the Treafurer of the Bank at Paris, where they
fliall be burnt, in the Manner mentioned in the preceding Article.
c. That the fix hundred Millions, which are to compofe the Funds of the
faid Accounts and Transfers, fliall be agreed in Livres Tournois, and cannot be
fubiedt to any Variation, whatever Diminution may happen in the current Value
of the Species.
6. Tnat all the Bills of Exchange, and Notes of Hand of five hundred Livres,
or above ; likewifc the Sales of Merchandize in Grofs, in the Cities where the
Books of Accounts current and Transfers are eftabliflied, fliall be acquitted by
Draughts on Pain of Nullity of Payment, and of five hundred Livres Mulft for
the Bank, as well againft the Creditor as Debtor.
7. That thofe who have Accounts in Bank, in any of the Cities mentioned
in the \ ft Article, and would make Payments in fome others of the faid Cities>
may do it by Transfers from City to City.
8. That the Funds of hisMajefty's Subjedls put in Bank, fliall not be fubjedt
to any Seizure, not even for the proper Money and Affairs of his Majefty.
9. That Strangers may have Accounts current in Bank, which alfo fliall not
be fubjeft to any Seizure or Confifcation, under Pretext of War, Reprifals, or
Efcheatage, nor on the Part of their Creditors.
10. That the Draughts may be negociated againft current Money, whatever
Sums they may amount to.
1 1 . That the Provoft of the Merchants of the City of Paris, aflifted by the
oldeft Efchevin of the Mci cantile Order, fliall have the general Infpetflion of the
Draughts, endorfe and mark the Regifters, which they fliall order to be laid be-
fore them whenever they think proper.
12. That the Management ot the faid Draughts, fliall be by four Diredlors,
under the Orders of a Comptroller General, who fliall be named by his Majefty,
and fliall take their Oaths before the faid Provoft of the Merchants.
13. That the general Ballance of the Books, fliall be made twice a Year, viz.
in December and yune, for which Purpofc the Books fliall be fliut from the
20th to the End of the faid Months, during which Time no Proteft fliall be
tnade againll Bills of Exchange or Notes of Hand; his Majefty decreeing, that
tile Protefts made in three Days after the Opening of the Books, fliall have the
fame Effed, as if they had been made at the Time of their failing, due, happen-
ing when the Books were fliut.
14. That for the Security and Prefervation of the Draughts, the Books fliall
be kept double, by the Book-keepers and their Comptrollers, and depofitcd in
different Places.
1 5. That thofe who fliall have Payments to make in Bank, fliall carry a Note
ligned by them to the Book-keepers ; or if they cannot carry it, they fliall fend
it by their Attorney, or fomc other with a Power, both of which to be in the
following Form :
Form
of the
the Of-
!oth of
its, and
icnts, a
not ex-
refervcd
e in the
, which
e of the
: I ith of
»Jotes.
rovincial
Diredtors
:c of the
lierc they
Is of the
:annot be
erit Value
ed Livres,
where the
juitted by
Mulft for
Tientioned
aid Cities,
be fubjeft
efty.
ihall not
:prifais> or
whatever
ted by the
tion of the
}e laid bc-
Diredtorr,
lis Majefty,
|Year, viz.
from the
[ft (hall be
ieing, that
In have the
happen-
Jooks (hall
lepofitcd in
irry a Note
(hall fend
be in the
Form
0/ BANKS, &c.
Form of the Draught.
MEHieurs the Direftors of the Bank, pay to Mr.
the Sum of Value
Day of
34«
<f
" at the
'* thoufand feven hundred
one
^ Form of THE Power.
IThe Underwritten, give Power to Mr. to carry for
me to the Book-keepers of the Bank, the Draughts that I (hall give upon
the Ca(h that I have in Account current, and to get them pzffed to my Debit,
and to the Credit of thofe to whom I (hall have a(rigned the Sums, dircdted
by the faid Draughts ; as alfo, I authorize him to demand of the Book-
" keepers fuch Sums, as (hall have been paid to my Credit by my Debtors.
" Made at the Day of
" one thoufand feven hundred
16. That all thofe who have an Account opert with the Bank, (hall be obliged
to (ign in the Margin of the Folio, where their Account has been opened.
17. That in cafe any Merchant draws upon the Bank, beyond the Credit he
has there, he (liall be obliged to pay, by Way of Muldl, (ive hundred Livres to
the Advantage of the Bank.
18. In fine, if there happens any Difputes in the Execution of the prefent
Arret, they (hall be determined by the Confular Judges, and by Appeal to the
Council, his Majefty forbidding the Hearing to all his Courts and Judges.
The following Inftruftion, drawn up to facilitate the Execution of the pre-
ceding Arret, is in Part conformable to what is pradtifed in the Bank of Venicct
and in thofe of Amjicrdam and Hamburgh, whereof I have before fpoke j and in
Part compofed of the Operations, which are only proper and fuitable to the Bank
Royal of France.
As this Matter is in fome Sort entirely new to the French Merchants, particu-
larly to thofe who have never engaged in a foreign Trade, the Author of the In-
flrudtions has entered into a grand Detail, but fo necefTary and inftrudlivc, that
it has been thought difficult to abridge it, without retrenching fomething ufcfulj
fo that it is given here entire, except the Model of the Accounts current, whofc
Form being known to every Merchant, they are omitted to be inferted here.
Instructions on the Manner that Accounts current tire opened in the Bank, and
how Transfers ar* made.
THERE ought to be no more than one (ingle Book for the Accounts in Bank,
but with as many Parts of Articles as is necefTary j each Part (hould only
contain about two hundred Leaves, the which fhould be numbered, viz. the firfl
Part from i to 200 ; the fecond Part from N". 201 to 400, and fo one after
another.
Each Book-keeper (liould only have about two hundred Accounts, and thefe
the Dircftors are to diftributc; having regard that thofe which occafjon mod
Writing, be lb divided among the Book-keepers, that one may not have more
Work tnan another, and this as equally as pofliblc.
Each Book-keeper is to have his Comptroller, that is to fay, that the Comp-
troller ought to have the Counter-Part of the fame Book, as the Book-keeper,
anil with the fame Folios, fo that when the Book-keepers enter a Sum on an
Account, the Comptroller fnall write in the fame Sum, in the fame Order, to
the End that they may always agree the one with the other; fo that they ought
every Evening before they retire, to examine and compare the Sums wrote in,
that by this Means they may prevent all Errors.
Every Evening the Comptrollers ought to carry their Books to a feparate
Place from the other Books, which fliall be appointed them for this Purpofe,
48 to
>< ^'I'lr^Yi
WHl
5'""'^^
;SB
•\ 'f}'f$(
jp'^owg
t * *9i\
LyM^fluH'
, ^ %
p^
\ V;>1
in
j >j ,^
^^TO
1 >.. '. fi
gysTflESM
' ''^
P"^^
' f
l^|ra^
. '■ \
jSMSn^
V i
r*u^B^^,
''"•VJ
|to[
f
^tll^llf'
' *'St|hR'^'
'K*^^ >
v^^m-H?-:
\: .•
^ I'
111
34^
Of BANKS, ^c.
to guard them from Accidents, which may be occafioned by Fire or other*
wile.
For the Draughts, a Commiffary fliall be appointed, who every eight Days
fhall talce them from the Book-keepers, to put them according to the Order of
their Dates on Files, and then into a fecure Place, that they may be guarded
againft Fire, and that Recourfe may be had to them in Cafe of Need.
The Bank fhall be open every Day, except Sundays and Feftivals, from eight
to eleven in the Morning, and from three to fix in the Afternoon.
Thofe who would have an Account in Bank, fhall carry their Notes there, and
the Treafurer, or he that fhall be appointed for it, fhall give them a Receipt,
which they fhall deliver to the Directors, v.'ho fhall order on Account to be
opened for thera, and credit them the Amount of the Receipt in their Prefcncc.
For Example j Peter would have a Credit in Bank for 1 20,000 Livres, James
for 80,000, and Paul for 50,000, and each having delivered the Value in Bank
Notes to the Treafurer, he fhall give them in Return his Receipt, which they
are to deliver to the Directors, who in their Prefence fhall open Accounts, and
credit them the Sums which fer contra are to be debited Cafh.
Fol. I. Account of the general Cafj.
Fol. 2. Account 0/" Peter.
Fol. 3. Account 0/' James.
Fol. 4. Account o/'Paul.
Peter and the others ought to take a Note of the Folio, where their Accounts
are entered, in order to put the fame Folio on their Draughts, when they would
pay, or have large Sums wrote into Bank.
In Regard of Payments or Transfers, which fome of the Concerned would
make to others, it fhall be done as follows ;
Viz. Peter is to pay James a Sum 0/ 3000/. for Value received in Merchan-
dize, the Day that he is to make the Payment, he mufl carry or fend to the
Book-keeper, by his Attorney, a Note in the following Form.
Viz.
Fol. 2. for 3000/.
li/TEJJieurs of the Bank Royal, pay to James, three thoufand Livres, for Value
IVA ceived in Merchandize. At Paris, tbezothof]\i\y, 1720.
Peter.
re-
A': it:
''f
,•?.•■
Dsr ■• ...
Viz.
The Folio 2. direfts the Book-keeper to Peter's Account, which he debits
the 3000/. and by the Regifter of the Alphabet, he will find the Folio of
James's Account, which he will credit the faid 3000/.
jFol. 2. Account o/'Peter.
J Fol. 3. Account of }am.cs.
The next Day James mufl go to the Bank, or fend the Perfon impowered by
him, to demand whether Peter's Sum has been credited him, and the Queflion
is to be propofed in this Manner, hy James, Fol. 3. of Peter, three thoufand
Livres ; and if the Book-keeper finds the Sum wrote in, he replies, by Peter,
three thoufand Livres.
If James would pay that Day any Sum, he delivers at the fame Time his
Draughts to the Book-keeper, in the Form mentioned above, to avoid r^.turn-
ing or fending that Day to the Bank.
All Bills of Exchange of 500 liv. or upwards, drawn from foreign Parts, fhall
be paid in Bank, viz. a Bill of two thoufand Livres drawn from Amjierdam upon
Paul, at Sight, of which Peter is the Bearer, who mufl preftnt the faid Bill to Paui,
who finding it good, and defigning to pay it, Peter writes on the Bai \fidc of the
BiW, pay on my Account in Bank, the Contents on the other Side. At Pans, the
The fame Day Paul ought to carry or fend a Note to the Bank, in the follow-
ing Form.
Fol. 4. for 2000/.
Ti/fEffieurs the DireBors of the Bank Royal, pay to Peter, tvto thoufand Lrvra,
•^ '-^ for Value received in a Bill, drawn on me from Amfterdam. At Pari<!, t.bs
20tbof]\x\y, 1720. Paul.
The
0/ BANKS, &c.
343
other-
ht Days
3rdcr of
guarded
m eight
lere, and
Receipt,
It to be
Prefcncc.
:s, James
: in Bank
lich they
mts, and
Accounts
hey would
led would
Merchan-
nd to the
r Fa/ue re-
Pctcr.
le debits
Folio of
owered by
Queftion
K tFoufand
by Peter,
Time his
lid r ..turn-
'arts, fhall
rdam upon
ill to Paid,
fide of the
the
\z follow-
'^ndLhreh
Parr?, tbt
F.tal.
The
-,f>_ The next Day Peter fliould go to the Bank to know whether Paulhis paid it,
that in Defedt thereof, he may ufe his Diligencies.
li Peter y/'iW not truft Paul vi'wYi the Bill acquitted, he may deliver it to the
Book-keeper, who keeps Paul'% Account, to give it up to Paul when he hag
paid it.
The fame fhall be done with Promiflbrj' Notes, whether payable on Demand,
or at Time.
And the fame (hall be cbfcrved with Bills of Exchange at fomc Days Sight,
or at different Ufances, of which the Acceptance fliall be as common, but the
Morning they fall due, the Bearer ought to fend them to the Accepters en-
dorfed, p<^ on my Account in Bank, and it will be managed as has been men-
tioned for Bills at Sight.
The provincial Cities, where the Bank has OfBces, (hall a£t in the fame
Manner. i
And all thofe Cities, where there is an Office of the Bank, muft correlpond
with one another, for Payments, which Merchants, or others who have Ac-
counts in Bank, want to make. For Example, Peter of Paris would remit to
Claude of Lyons, fix thoufand Livres ; and James would remit to John of Lyons,
four thoufand Livres, and others, the fame, which is to be done in the following
Manner.
Fol. 2. for 6ooo/.
Ti/fEffieurs the DireSlors of the Bank Royal, pay to Claude at Lyons, fix thoufand
■I' J- Livres, for Value in Account ; at Paris, the 2oth of Ju]y, 1720.
Peter.
And James muft aft in the fame Manner, to make his Remifs of 4000/. to
John at Lyons.
The Book-keepers, after having debited Peter and James the aforementioned
Sums, and credited the Bank Office of Lyons therewith, fliall deliver a Note to
the Diredtors, that they may fend a Minute thereof to Lyons, that Credit may
be given to Claude o[ 6000 /. and to John of 4000/. which Minute fliall be made
in the fubfequent Form.
Fol. 5. for 10,000/.
TK/fEJfieurs the DireSiors of the Bank Royal Office at Lyons, p<y to the fol-
To Claude, Value of Peter booaL
To John, Value of James 4000/.
10,000/.
For the Sum often thoufand Livres.
Examined by an Infpedlor, and figncd by a Diredlor.
The Dircdors take Care to fend the aforefaid Minute by the firft Poft to
Lyons, and the Direftor of the Bank Office there, in Replyj, will acknowledge
the Receipt of the faid Minute, by making mention of the Sums and Contents,
and that he has given Credit to the faid Pcrfons.
!Fol. 2. Account of Peter.
Fol. 3. Account of James.
Fol. 5. Account of Lyons,
At Lyons they fliall adt in the fame Manner for the Sums, which thofe who
have Accounts in Bank would remit to Paris. For Example ; Claude of Lyons
would remit two thoufand Livres to Peter at Paris ; and John of Lyons, three
thoufand Livres to James at Paris, which is done in the following Manner, viz.
Claude carries to the Bank Office at Lyons his Draught, that the Diredlor may
pay to Peter at Paris two thoufand Livres, and John does the fame for the Pay-
ment of three thoufand Livres to James at Paris, of which the Diredlor of the
Office
m
t
:j i.
344 0/ BANKS, e^f.
Office there muft Tent a Minute to the DircAors of the Pmjiatt Bank, in the
following Form.
Fol. 5. for 5000/.
]\yfEJteurs the DIreSJon of the Bank Royal at Paris, p^ to the foOowing
-t*^ J^fr/ons.
.ooB.n:' . Ti Peter, Tfl/Kf 2/" Claud . 2000/.
To James, lvalue of John 3000/.
5000/.
Por tb Sum of five thou/and Ltvres.
At Lyons, toe zotb o/'July, 1720.
Examined by the Infpc<aor, figned by a Director.
aw
''%' .
•■-■<■
Hi,. .
The Dircdors ought to credit Peter and Jamei the Sums mentioned in the
Minute from Lyoru, and Debit the Bank Otncc there the total Sum.
iFol. 2. Account of Peter.
Fol. 3, Account of James.
Fol. 5. Account of Lyons.
The Diredors of the Bank at Paris fliall acknowledge to thofe at Lyons, the
Reception of the Minute, and make mention alfo of the Sum and Contents, and
that tliey have given Credit to thofe mentioned therein.
And as the Bank ads with its Office at Lyons, and with the Bank at Paris, the
Operations muft be the fame with all other Cities where Bank Offices are
eftablifhed, fo that thofe who have Accounts in Bank, may remit what Sums
they plcjfe, to any of the Cities in the Kingdom, where the Bank has Offices,
without any Rifque or Charge, provided always, that the Sum drawn does not
exceed their Credit in Account.
The fame Tranfadtions may be performed from one provincial City to an-
other, where there arc Bank Offices, according to the Example from Paris to
Lyons ; the Offices of Bank muft fend fimilar Minutes every where, that thofe
who have Accounts in Bank want to remit to.
The Dircdtors of the provincial Bank Offices fliall alfo make their Balance
in the Time prefcribed by the Arret of Council beforemcntioned, and fliall
fend a Copy to the Diredors of the Bank at Parts, figned by the Infpedor and
Comptrollers.
The Book-keepers fliall be obliged to fend every Evening to thofe who defire
ft, a Note of all the Sums that have been paid or wrote in for them, or of Re-
mittances that have been made on their Accounts from any of the Provinces.
For which Purpofe there fliall be paid to the Book-keeper, by thofe who have
dcfircd the faid Note, fifty Livrcs per Ann. above which they fliall not exad any
thing ; and this Sum fliall be given to the Diredors, who mall divide it equally
among the Book-keepers.
However ferviceablc the Eftablifliment of Bank Accounts appeared at firft,
the Siiccefs did not anfwer the Expectations that had been conceived of it ; on
the contrary, it occafioned abundance of Confufion in the interior and exterior
Commerce of the Kingdom. The Publick put very little Confidence in them,
becaiife of the Impoffibility of converting them into Cafli ; and feared, that the
laid Accounts fliould confcquentially be obliged for the Payment of all Sorts of
Debts.
Thcfe Inconveniencies having appeared greater than the Advantages which
were expcded from it; and a fliort, but fure Experience, having made it appear,
tli.t the Fn/icb Merchants would be with Difficulty accuftomed to this Com-
merce of Draughts, though fo ufeful to their Neighbours, his Majcfty, always
.ittentive to the greateft Eafc and Good of his Subjects, found it proper to fup-
prefs the Bank Accounts by an Arret of the 26th of December, 1720J direding
;!t the fame Time to the Employ; and Ufes to be made of the Sums which had
been brought in.
¥'■-
?.)>''•
The
W'/m
Of
BANKS, ^c.
The Execution of this Arret having given Birth to a Variety of Difputcs, about
che Payment of the Agreements, and Tranfadlions, made in Bank Draughts,
before their Suppreffion ; his Majcfty, to ftop and prevent them, publiihed a fc-
cond Arret the 2ift of January, 1721, by which, after having again confirm-
ed thefaid Suppreflion of the Bank Accounts, it ordains among other Things :
I ft. That itftiall not be futurely permitted to give the faid Draughts in Pay-
naent even by mutual Confent j his Majcfty declaring, ncverthelefs, that the Of-
fers made of them in Court, or in a juftitiary Way, before the Publication of
the preceding Arret, ftiould be valid. 2dly. That the Notes of Hand, and
others, payable in old or new Bank Draughts, ftiould henceforward only be
paid in Specie. 3dly. That the Vali':.tion of the faid Draughts fliould be regula-
ted, by regarding what the Bank Accounts ftiall lofe, at the Time of tranfadting
the faid Bank Notes, and this in » .elation to the Species of Gold and Silver of
the then Currency.
This Arret has yet fome other Difpofitions, but lefs important, and.
In fine, to terminate entirely the Affiiir of Bank Accounts, the King, by a
third Arret of the 14th of February, 1721, confirms the Employs of the faid
Accounts already indicated in the Arret of the 26th of December, 1720, viz. in
Annuities upon the Aids and Gabelles, in Rents upon the Tallies and oiher Im-
pofts, created by Edid, of the preceding Month of ^/v^;//?, in the Rental Shares
upon the India Company, and prefcribes more particularly, the Form in which
the faid Employs, and the Certificates of the Directors of the faid Bank Ac-
counts, may be made.
I have now finifticd my intended Account of foreign Banks ; and in Compli-
ance with my Promife, fliall proceed to that of our own, previous to tht few
comparative Remarks I have to make on the Difference ot tranfadting Affairs
between them.
Bank of England.
34S
Plib B;^nk, though not fuppofcd fo rich as that o^ Ainjleriiatn, is full as fe-
cure, and the Tranladlions with it rendered much nvirc ca(y to the Mer-
T
chants and Traders, than they are in the other : It was ellublillicd by Charter
from bis Majefty King fVill. III. in Confequence of an A.&. of I'arliament, pafTed
in ; Will, and Mar. Cap. 20. and continued by the feveral fubfequcnt Adts, viz.
Every Year, beginning from the i& oi June, 1694, the Sum of 1 40,000/. 5 ""^i^ *'//'.
out of Monies to arife by Duties of Tonnage, Jince expired, and by an Excife on5"jg_ [. i^.
Beer, &V. hereby granted {being a Moiety of the Rates granted by 2 Will, and
Mar. St. 2. Cap. 10.) (hall be a yearly Fund for the Annuities in the Aft menti-
oned, and for the Purpofcs hereafter exprefTed, and any Deficiencies to be fup-
plied out of the unappropriated Revenues.
For raifing 1,200,000/. Part of 1,500,000/. granted by the A6i, the yearly f. 18.
Sum of 140,000/. fhall be kept apart in the Receipt of Exchequer, and paid as
in the Aft is direded.
Their Majefties, by CommifTion under the Great Seal, may appoint Pcrfonsf. 19.
to take Subfcriptions on or before the firft Day of Auguji, 1694, by any Perfons,
Natives, or Foreigners, (Sc. for raifing and paying into the Receipt of the Ex-
chequer 1,200,000/. Part of the Sum of 1,500,000/. and the yearly Sum of
100,000/. Part of the faid yearly Sum of 140,000/. fhall be applied to the Ufe
of f uch Perfons, as fliall make fuch Subfcriptions and Payments, in the Propor-
tion hereafter mentioned, viz. each weekly Payment, fhall, by the Auditor of
the Receipt, be divided into five-feventh Parts, and two-teventh Parts, which
five-fcventh Parts are appropriated towards the Payment of the faid yearly Sum
of 100,000/. and fliall be paid to the Contributors, raifi'ig the Sum of
1,200,000/.
Their Majefties by Letters Patent, may appoint in what Manner thefaid Sumf. jo,
of 1,200,000/. and the faid yearly Sum of 100,000/. or any Part thereof, may
be transferred to fuch Perfons as fliall accept of the fame, and incorporate fuch
Subscribers, to be one Body Corporate, by the Name of The Governor and Com-
pany of the Bank of England, and they fliall be capable to purchafe and retain
liands, (sc.
4 T The
:<y.
r. 11.
C a6.
f. J7.
Si"
f. 21.
f. i,.
r;
A
!*■
f. J I.
f. '1.
f. 33-
8 »rd 9 in//.
III. cap. 20,
f. 20.
r. 21.
Of B A N K S, ^f.
The Conimiflloners of the Trcafury, Gff . are required, without farther War-
rant, to dircdt their Warrants yearly, for the Payment of the faid i oo,ooo/. to
the Contributors of the faid 1,200,000/, and the Auditor of Receipt of Exche-
quer, and all other Officers of the Exchequer, are enjoined to ifluc the faid Mo-
nies without Fee, and under the Penalties inflidled upon any Officer for divert-
ing any Money appropriated by this Adt.
The Corporation fo to be made, (hall not borrow under their Common Seal,
any farther Sum than 1,200,000/, fo that they fliall not at any one Time, owe
more, unlefs by Aft of Parliament, upon Funds agreed in Parliament! and if
any more fhall be borrowed under the Common Seal, every Member of the faid
Corporation fhall, in their private Capacities, be liable in proportion to their fe-
veral Shares, to the Repayment of fiich Monies, v/ith Inter:ft; and in fuch
Cafe, nn Aftion of Debt may be maintained in any of the Cciurts of Record at
WeftminJIer, by the Creditors, to whom any fuch Security, iinder the Common
Seal of the Corporation (hall ^^c made, ^aiii^ all, or any of the Members of the
leir
Corporation, in Proportion
ed, as if Security were given -
contrary notwithAanding.
The Corporaton (hall not trr.
with any of^the EfFefts of the Co. ^
•s, wherein Judgment may be recover-
nvatc Capacities, any Agreement to the
r fti - any Pcrfon in truft for them to trade,
ation, ■ the buying or fcliing of any Mer-
chandifc or Good? ; and every Perlbn fo tradui5, or by whofe Order Aich Trading
Oiall be made, fliall forfeit treble the Value of the Goods and Merchandife tra-
ded for, to fuch Pcrfon as will fue for he fame in the Courts of Record at
I'^epiinjler.
But the Corporation may deal in Bills of Exchange, and in buying or felling
Bullion Gold or Silver, or in felling Goods mortgaged to them, and not redeem-
ed within three Months after the Time, or fuch Goods as (liall be the Produce
of Lands purthafed by the Corporation.
All Bills obligatory and upon Credit, under the Seal of the Corporation, may,
by Endorfcmcnt thereon under the Hands of the Proprietors, be affigned, and
the AfTignee may fue in his own Name.
If the Governor, or other Members of the Corporation to be eftabli(hed,
fliall, upon Account of the Corporation, purchafe any Lands or Revenues be-
longing to the Crown, or lend to their Majcfties, their Heirs, or Succe(rors, any
Money by Way of Anticipation on any Part of the Revenue, other than fuch
Part only on which a Credit of Loan fliall be granted by Parliament, then the
faid Governor or Members fo contending to lend, being thereof lawfully con-
vidt, (hall forfeit treble the Value of fuch Sum fo lent, whereof one fifth Part
(hall be to the Informer, to be recovered in any Court of Record at IVeJlminJiert
and the Relidue to be difpofed of by Parliament.
Amerciaments, Fines, andHTues againft the faid Corporation, upon Account of
any Suits to be brought againft them, (hall not be pardoned ; and if fuch be
eftrcated into the Exchequer, the Officers of the Exc'hequer, who are to pay
the yearly Sum of a hundred thoufand Pounds, may, out of that, detain to
much as the faid Amerciament:., Fines, or IfTues amount unto.
If any Perfon fliall obtain a Judgment againft the Corporation, and (hall
bring Execution thereupon unto the Officers of the Exchequer, then the faid
Officers are required to pay the Sum in the Execution mentioned, to the Plain-
tiffs or their Affigns ; and the faid Officers may detain fo much of the yearly
Sum of an hundred thoufand Pounds, as the Debt (hall amount unto.
Any Member of the Houfe of Commons may be a Member of this Corpora-
tion, notwithftanding Stat. 5 and 6 JVill. and Mar. Cap 7.
The prefent Stock of the Bank of England (hall be enlarged by new Sub-
fcriptions.
Before fuch Enlargement, the Stock fliall be computed by feven of the pre-
fent Members, and feven of the new Subfcribers; and if the clear Stock amount
not to one Million two hundred thoufand Pounds, the old Members to make it
up in Tallies, Orders, Bank-Bills, or Notes ; but if it exceed one Million two
himdred thoufand Pounds, then the Surplus to be divided among the old
.Members.
4 Seven
^-^^
Of BANKS, ^c.
347
i'--
Seven
Seren Commiflioncrs, appointed by his Majefty for that Purpofe, fhall take f- ".
fuch new Subfcriptions before the 24th of lune, 1697.
Four-Fifths of each Subfcription, (liall be, at tlic Time of fubfcribing, an- (. tj,
fwered by TKUies and Orders, upon the iirA, third, or fourth Aid of four Shil-
lings /fr Pound, the quarterly roll, Three-Fourths of the Cuftoms, the Salt
Ad, Two-Thirds of the additional Excife, the additional Impofltion, the Stamp
Ad, the three hundred thoufand Pounds per Ann. on Tonnage and Pqundage,
the Duties on Mai'riages, Births, Burials, &r. on Wines, vinegar, and To-
bacco, Gff. and Joint Stocks, Gff. on Low Wines, Off. on the fix thoufand
Pounds per Week out of the Excife, or the fix hundred Pounds ptr Week out
of the Poft Office ; and the other fifth Part in Bank Bills or Notes.
After the 24th of "Juntt 1697, IntereA of eight />?r Cent, per Ann. ftiall bcf. ,^.
allowed for the Tallies and Orders fo fubfcribed, out of the Funds granted by
this Ad, viz. the Tonnage and Poundage; the Duties on Wine and Vinegar, grant-
ed by Stit. I Jac. II. Cap. 3. Tie Duties ou Tobacco and Sugar, by i Jac. II.
Cap. 4. the additional Impojitions on G;ids and Merchandifes, by 2 Will, and Mir.
Stat. 2. Cap. 4. and 4 and 5 Will, and Mar. Cap. 5. tbe Stamp Alt, 5 and 6.
Will, and Max. Cap. 21. and the Duty on Houjes, by 7 and'i Will. III. Cap. 18.
The Interefl payable to the Bank upon fo many Tallies or O iders as the Bank r. i%.
is already poflefled of, whereof the Principal fliall be equal to the faid fifth Part
fubfcribed in Bank Bills or Notes, (hall be likewife augmented to eight per
Cent.
The new Subfcribers fliall, after the faid 24th of 'June, be Members of, andf. ,6.
united to, the Bank of England.
During the Continuance of this Bank, no other Bank, or Fellowfliip in nature r, r«
of a Bank, fliall be eredled, or permitted by Ad of Parliament.
The Intereft due on Tallies and Orders, fubfcribed into the Bank, fliall be ac- r. i;*.
cepted as fo much Principal Money.
The Bank may borrow by Bills (over and above the one Million two hundred r.
thoufand Pounds, to which they were at firft limited) any Sum not exceeding the
Sum fubfcribed, under an Obligation of paying the faid Bills in Money upon
Demand j and in Default thereof, on Demand made at the Bank between nine
and twelve in the Forenoon, and the Default proved by Affidavit in Writing be-
fore one of the Barons of the Exchequer, the faid Bills to be paid at the Exche-
quer, out of the firft Money due unto the Bank,, other than the Fund of a hun-
dred thoufand Pounds per Annum ; but thefe Bills fliall be diflinguiflied from the
Debts contained within the faid one Million two hundred thoufand Pounds, and
expreflcd to be made by Virtue of this Ad.
The Capital Stock and Fund of the faid Bank fliall be exempt from Taxes, f-
After completing of the faid Subfcriptions, the Intercft of all Tallies and Or- f.
dcrs fubfcribed, together with the faid hundred thoufand Pounds per Ann. fliall
be applied to the Ufc of the Members of the Bank, proportionably to each
Member's Share therein.
The Stock of the Bank fliall be accounted a perfonal, and not a real Eftate, f. 3j
and fliall go to Executors, and not to Heirs.
No Contrad or Agreement, either by Word or in Writing, for buying orf. 34
felling of Bank Stock, fliall be good in Law or Equity, unlefs it be regiftered
in the Books of the Bank within feven Days, and the Stock be transferred within
fourteen Days.
No Ad of the Bank fliall forfeit the Stock thereof, but the fame fliall bef. jj
fubjed to their Debts.
It fliall be Felony without Benefit of the Clergy, to forge or counterfeit the r. 36
common Seal of the Bank, or any fealed Bank Bill, or any Bank Note, or to al-
ier or erafc any fuch Bills or Notes.
The Officers of the Exchequer fliall keep Account of all Monies appropriated r. 37.
to the Bark, either upon the Fund of a hundred thoufand Pounds per Ann. or
any other Parliamentary Funds, or for Tallies belonging to the Bank ; and fliall
duly dired, record, and make Payment thereof, under the Penalty of Lofs of
Place, Incapacity, and double Damages.
The
J".
3»-
;■■*;
4::''
IH
ff '•
348 0/ B A N K S, ^c.
f. j«. The Monies arifing by the Continuation of the Subfidy of Tonnage and
Poundage, &c. of Wines, Vinegar, and Tobacco, &c. by the additional Im-
pofitions on Goods and Merchandifcs j by ftamped Vellum, &c. by Marriages,
&c. and by the Duties on Houfes, from the Tunes that the faid Duties are fe-
veraliy continued as aforcfaid, till tlu firft of ^«j«^, 1706J and by the Surplus
of the Duties on Wine, Vinegar, and Tobacco, &c. over and above the one
Million five hundred thoufand Pounds Credit given thereupon, and the Intcreft
thereof arifing by the Aft 7 and 8 ff'W. III. Cap. 10. continued till the agthof
SeptmhtT, 1701 J and alfo on Houfes (after the Repayment of fevcn thoufand
three hundred and eighty-two Pounds, eleven Shillings and four Pence, borrow-
ed thereon, by 7 and 8 it'ill. III. Cap. 18. and the Intcreft thereof; and of all
the Bills figncd at the Mints for the Six-pence per Ounce upon Plate, brought
in between the 4th of May, 1696, and the 4th of Nwemher, 1696) granted for
feven Years, from the 25th of Match, 1696 j and upon Salt, Gfr. (after the
Repayment of one Million fevcii hundred and ewcnty-four thoufand Pounds,
borrowed thereon, and the Intcreft thereof) arifing by the Aft 7 and 8 IVill. III.
Cap. 31. fliall be the general Fund for making good the particular Funds in
this Aft exprefled, and (hall be applied accordingly.
f. 41, The Monicwarifing by the faid general Fund, after the 28th of June, 1698,
as well by the faid Duties on Houfes, and additional Imiiufitions, as for the faid
Duties on Vellum, fi-V. continued from the 28th of y««i', 1698, to the firft of
Auguji, 1706, and for Tonnage and Poundage, CJ'c. continued from the 25th
oi Decimhcr, 1699, to the firft of Auguji, 1706, and for Marriages, Cc. and
for Wines, Vinegar, Tobacco, Ci. continued from the 28th of Septembtr,
1701, to the 111 of Augu/i', 1706, and by the faid Surplus on Wines, Vinegar,
and Tobacco, &c. and on Salt, &c. ftiall be applied towards Principal and In-
tcreft of the faid firft, third, and fourth Aids of four Shillings per Pound ; the
quarterly Poll j the Three-Fourths of the Cuftoms ; the Duties on Salt, &c.
the Two-Thirds of the additional Excife ; the additional Impofitions ; the Du-
ties on Vellum, &c, on Marriages, &c. on Wines, Vinegar, and Tobacco, &c,
aod the three hundred thoufand Pounds /xr Ann. out of Tonnage and Poundage,
in Proportion to the refpeftive Deficiencies, a'^ computed in this Aft. And eve-
ry twenty-eight Days, an Account ihall be made up at the Treafury, of all the
Monies brought in, applicable to the faid deficient Funds, which ftiall be appli>
ed proportionably, as well to the Bank of England, as other Perfons entitled to
Principal and Intcreft thereon.
f. 43. Out of the faid general Fund the Intereft due to the Bank, fliall be made up
fight Pounds per Cent.
{■ 44. Where any Revenue is appropriated by Parliament for Repayments in Cour(e,
the fame ftvall be paid accordingly; but the new Funds in this Aft fliall be ap-
plied as hereby prefcribed.
f 4;. In Cafe of Judgment of Forfeiture given againft the Bank, the yearly Pay-
ments out of the Exchequer, and all the Eftate belonging to the Bank, (hall be
vefted for three Years in twenty-four Perfons, to be chofen by the Bank, who
fliall have Power to receive the Monies due to the Bank, as if no fuch Judgment
had been given ; and to pay and difcharge the Debts and Contrafts, due at the
Time of fuch Judgment ; after v/hich, the Surplus (hall be divided amongft the
feveral Members ; and then the faid yearly Payments fliall be vefted in the par-
ticular Members, in Proportion to a Lift thereof, to be made up by the faid
Truftces, and fliall be aifignable in a Book to be kept by the Auditor of the
Receipt.
I". 46. The Bank may employ a Clerk to copy the Docqucts of any Extents, Judg-
ments, &c, in any of the Ofiices of Record at JVeJiminJier, paying as for a
Search only.
(■■ 47 No Mctnber of the Bank (hall be adjudged a Bankrupt, by reafon of his
Stock in the Bank, nor fliall the Stock be fubjcft to foreign Attachment.
(■ 48. The Monies received out of the Exchequer for the Bank, (hall be divided
among the Members proportionably, for their particular Ufe.
f- 49 The Debts of the Bank (hall never exceed their Capital Stock, under Penalty
of fubjefting the feveral Members, fo far as their Dividends received will ex-
tend.
Of BANKS, e?f.
349
tttid, to fttisfy the Debts to any Pcrfons, who may recover the fame with treble
Cofti.
If the Aiid Funds for Intereft (hall appear infufticicnt, they (hall be made up f. jo.
of fuch Aids, (Sc. as (hall be granted tne then next Scffion of "irliamenti and
if upon the firft of ^«gi^, 1706, or within three Months aftu, the Produce
of tne feversJ Aids, Off. (hall not bi- fufficient to difcharec the Principal andln-
tcre(i, intended to be difcharged by this Ad, the fame mall be fupplied out of
fuch Aids, tSc. as (hall be granted the next SefTton of Parliament.
In all future Elections, not above Two-Thirds of the Directors of the pre- ^ %*•
ceding Year (hall be chofen.
The Bank of England (hall make Dividends of the Monies which (hall be re- 9 •'«' '"• "'■
ceived bv them, by virtue of the Tallies and Orders which have been fubfcribcd Jj' , f
into their Stock, purfuant to the above Adt 8 and 9 Will. III. Cap. 20. once in
every fix Calendar Months at leaft.
Iht Governor and Company of tie Bant j/'England, until they (hall be repaid " "•<' 'J "'•
all Monies which they (hall lend upon this Adt, for or in Part of 420,000/. ie- W'^ *•*■ '** •
ing the laji Part 0/820,000/. authorlfed to be borrowed upon the -weekly Payment of
3700/. out of certain Branches of Excife, with Intereft for fuch 420,000/. after
the Rate of fevcn^er Cent, (hall not be obliged to make Dividends of the Mo-
nies to be received by them, by Virtue of any Tallies or Orders fubfcribed into
their Stock, in Pursuance of the above Aft 8 and 9 Will. III. Cap. 20. but at
fuch Times only as (hall be ordered by a general Court.
During the Cfontinuance of the Bank oi Enghnd, it (hall not be lawful for any ' '*• ^"P-
other Body Corporate, or for other Perfons united in Partnerfliip, exceeding "' '' '
the Number of fix, in England, to borrow Money on Bills or Notes payable at
Demand, or at lefs Time than fix Months. Tbis Claufe is repeated in Stat. 7
jinn. Cap. 7. S. 61. and Stat. 3. Geo. I. Cap. 8. S. 44. and therefore the faid
Seilions are omitted in the faid ABs here folloiiirig.
Reciting that by an Aft 5 Will, and; Af«r. Cap. 20. the Bank of £«^/<;w</ was?- '*«» C»p.
erefted, 1,200,000/. was lent to their Majcfties, for which there is payable Xo^'^- '•
the Governor and Company, the yearly Sum of 100,000/. out of the Duties of
Excife, redeemable by Parliament ; reciting another Aft made 8 and 9 Will. III.
Cap. 20. For making good the Difciencies of fever al Funds, and for enlarging the
Capital Stock of the Bank.
And another Aft made 5 Ann. Cap. 1 3 .for continuing the Duties on Houfes, to
fecure a yearly Fund for circulating Exchequer Bills (now expired) reciting al(o, that
the Governor and Company did lately admit new fubfcriptions for doubling their
Stock of 2,201,171 /. 10 J. at the Rate of 115/. to be paid for every 100/. fub-
fcribed; and that Subfcriptions have been made for that Sum. // is enalied, that
2,201,171/. loj. be added to the Stock of the Bank, which before fuch Ad-
ditions confifted only in the like Sumj fo that the whole Capital Stock now (hall
amount to 4,402,343/. and new Sublcribers (hall be incorporated with the pre-
fcnt Members of ihc Bank, and be taken to be one Body Politick and Corporate,
by the Name of The Governor and Company of the Bunk o/'England.
The faid Capital Stock (hall be alTignable in the fame Manner as the original f »•
Capital Stock.
The Bank is to pay into the Exchequer 400,000/. before the 25th of Auguft, f. 3.
1709.
The Bank oi England i\\\x% enlarged, (hall for ever be a Body Corporate, andf. j.
enjoy the yearly Fund of 100,000/. out of the Excife.
The Stock and Funds of the Bank, and the Intereft of every Member therein, f. 62.
fiiall be exempted from Taxes, and (hall be deemed a perfonal Eftate, and (hall
go to Executors and not to Heirs, and (liall not be liable to foreign Attachment.
The original Fund of 1 00,000 /. per Ann. and all Profits of the Management of- 6j.
the Corporation, (liall be applied to the Ufe of the Members of the Corporation
ratably.
It (hall be lawful for the Bank at any Time to reduce their Capital Stock, r.65.
encreafed as aforefaid, by Dividends ; taking Care that the Total of their Debts
do not exceed the Value of their Capital: And in cafe the Governor and Com-
pany, by any Dividend (hall reduce their Capital without proportionably redu-
cing the Total of the Debts, fo that the Value of their Capital (hall not be fuf-
4 U ficient
1:;- >■-
n
I-'
\
i
l!4
350
0/ BANKS, ^f.
ficicnt to anfwer their Dcbtxi in fuch Cafe, the particular Members who diall
receive Aich Dividciul, n\all he (cvcrally liable, fo far as the Shares by thcni
tfa.
received will extend, to pav the Debts which (hill remain due to any Pcrfuns,
ic (bcli " ■ - ~ -— -
Cafe. &'c.
who may fue for the fame (bcfides treble C'oAs) by Adioa uf Debt or upon the
^?.n.
4m.Ctf.j,
1 1 jIh: Stit.
I . Cap. 1 1 .
f. »4.
f. <6.
I 2 Jtn. Sut.
f. 10.
t. (7rt. I.c«p
«. f. I.
f.J.
f. 6.
f.;.
f. .3.
f.14.
f. 16.
f. 1:
It (hall be lawful for the faid Governor and Company to call in anv Sums of
Money, which they in a general Court (lull think necc(rary, to be paid by their
Members proportionably, which (hall have before been divided, out of the faid
Capital of 4,402,343 /. and in cafe any Mem! er (liall ncgledt to pay his Share,
at the Times appointed, by Notice in the London Gazettf, and nxcd up on the
Rmal Exchange, it (hall be lawful for the Governor and Company to (lop the
Dividends of fuch Members, and alfo to Aop the Transfers of tneir Shares, and
to charge the Defaulters with Intereft a' fix per Cent, and in cafe the Principal
and IntcreA be not paid in three Months, they fhall have Power to fell the
Stock of fuch Defaulters, to pay the fame.
Everv Perfon who (hall be eleded Governor, Deputy-Governor, or Direc-
tor of tne Bank of England, (hall, during that Year, be incapable of being cho-
fen a Dire»Sor for Management of the Atfairs oi the united Company of Merchants
o/England, trading to the HaA-Indic.s, and viceverfa.
The Bank Aiall continue a Body Corporate, uid enjoy their yearly Fund of
100,000/. fubjcdt to the following Power of Redemption.
Upon twelve Months Notice, after the iH of Augujl, 1742, upon Repay-
ment by Parliament to the Bank of 1,600,000/. and all Arrears of the faid
100,000/. /tr ^nn. and of all Money owing to them upon Tallies, Exchequer
Orders, or Parliamentary Funds (fuch Funds, for Redemption whereof other
Provifion is made, excepted) the faid Yearly Fund of 100,000/. (hall ccafe.
After fuch Redemption the Corporation Aiall ceafe.
This Aiall be a publick Adl.
It fliall be lawful, as well for the Bank as for any others, to lend Money to
the TrcafurersofthcNavy, &c. upon South Sea Stock, purfuant to the Stat. 10.
yinn. Cap. 19. S. 185.
The Governor and Company of the Bank oi England, being willing to deli-
ver up to be cancelled, as many Exchequer Bills as amount to 2,000,000/. in
principal Money, and to accept an Annuity of 100,000/. being five per Cent.
for the fame, to commence from Chri/l/nas, 171 7, redeemable upon one Year's
Notice.
The Bank (hall, hcfore Chri/I/nas 17 17, deliver up as many Exchequer-Bills
as fhall amount to 2,000,000/. in principal Money, to be cancelled.
After Cbrijimas, 1717, the Bank (hall forever nave one Annuity, of 100,000/,
(being five per Cent, computed on the ("aid Sum of 3,000,000) which yearly Sum
(hall be paid out of the Aggregate Fund, and Duties on Houfes, and (hall be
paid to the Bank for ever, at the four ul'ual FeaAs.
Upon one Year's Notice to be given at Chrijlmas, 1717, or at any quarterly
FcaA after, and upon Repayment to the Bank of the 2,000,000/. and of all
Arrears of the faid yearly Sum of 100,000/. the faid yearly Sum (hall ccafe.
For the better Payment of the Annuity of 100,000/. (landing Orders (hall be
figned by the Treafury.
As thcfeveral Duties chargeable with the Payment of the faid Annuity fliall
be brought into the Exchequer, fuch Money Aiall be iilued upon fuch Orders,
weekly or otherwife, towards difch?rging the feveral Annuities thereon charged,
to grow due at the End of the Quarter of a Year, fo as fuch weekly Payments ex-
ceed not the Sums of the feveroT quarterly Payments, which fliall grow due at
the End of each Quarter.
The faid Annuity of 100,000/. fliall be deemed pcrfonal EAatc; and the fame,
and the Stocks which the Bank now have, and thofc they fliall be entitled untv
by Virtue of this Adl; and the Sums payable to them in refpedl of any fuch Stock,
fliall be free from all Taxes, and not liable to foreign Attachment.
The faid Duties on Houfes, Aggregate Fund, and other Duties, (hall be
continued to his MajeAy, his Heirs, and Succeflbrs for ever, and (hall be raifed,
&c. by fuch Methods, &c. as are prefcribed by the rcl'pedlive Ads now ii»
Force.
5 The
H-'
Of BANKS, ^c.
3St
The MonicK of the Taid Diitiei, tfc. which (hall be hrntight into the F,xchc-r-i>>
buer for the Furpofci in this Adl (except the Charges for raifing, ^c. the lame)
are appropriated for discharging the gruwinj^ Payment on the laid Annuity of
loo oooA which Paytnenl» arc to be futished without Charge, but lubjed to
Redemption. And in cufc any Utliccr of the Exchciiucr (liall mifupply any of
the Muniet, or fhajl not keep HooIck, and do all other things by this Adt re-
2uired, ho (hall forfeit his U(Kce, and be incapable to ferve nil Majelly in anv
mployment uf Trud or Profit, und be liable to pay double the Sum mifapplica»
with CoAi to the Party grieved; to be recovered in any of the Courts at
WtpninJItr.
The annual' Sum of 100,000/. (Iiall be preferred in Payment before theC<**>
yearly Sum of 120,000/. to the Civil Lift.
Alter fatisfying the Payment aforefaid, the Deficiencies on the original Fund ^- '}•
of 100,000/. ter Ann. payable to the Bank out of five-lcventh Parts of certain
Duties of Excil'c (fee 5 and 6 Will, and Mar. Cap. 20. S. 19, before recited) (hall
be fatlsiied out of the Monies by this K(X appropriated) after which the yearly
Sum of 4000/. (hall be KTued to the Shcritrs.
The Surplus of the Duties, (Sc. hereby appropriated at the End of any Quar- f. 14.
ter, (liall attend the DKjpofttion of Parliament.
In ca(<: the Produce of thefaid Duties, (3c. (hall be deficient, fuch Deficiency r 15.
(Iiall be made good out of the Produce of the faid Duties, OSc, in any fubfequcnt
Quarter.
If fuch Deficiency (hall happen at the End of any Year (reckoning each Yearf, t6.
to end at Micbaelmaj) fuch Deficiency (hall be made good out of the next Aids to
be granted in Parliament.
It Ihall be lawful for the Bank, from time to time, as they (hall fee Caufe, to f. jJ.
call for, from their Members, in Proportion to their rcfpcdtivc Interefts in the
Capital Stock, any Sums of Money, as in a general Court (hall be judged ne-
cc(iary ; and all Executors, SSc. (hall be indemnified in paying the Came ; and
if any Member (hall negkd to pay his Share of the Money (b called for, at the
Time appointed, by ^foticc in the London Gazette, and fixed upon the Royal
Exchange, it ihall be lawful for the Bank not only to (Vop the Dividend of fuch
Member, and to apply the farhe towards Payment of the Money fo called for, but
alio to (lop the Transfers of the Share of every fut h Defaulter, and to charge him
with an Intercft of five per Cent, per Ann. for the Monies lb by him omitted to
be paid, till Payment thereof; and if the Principal and Intereft (hall be three
Months unpaid, the Bank (hall have Power to fell fo much of fuch Defaulter's
Stock, as will fatisfy the fame, rendering the Overplus to the Proprietors ; and
the Bank may, in a General Court, when they (liall adjudge their Affairs will
admit thereof, caufe any Sum of Money fo called in, to be divided amongft the
then M -mbcrs, in proportion to thei. rcfpedtive Shares in the Capital Stock.
The Bank may borrow Money on any ContradVs, Qfc. under their common ''• 3';-
Seal, or upon Credit of their Capital Stock, at fuch Intcreft .is they (hall think
fit, though it exceed the Intere(l allowed by Law, and give fuch Security as (hall
be to the Satisfadlion of the Lenders; and they may contrail with any Pcrfons,
upon fuch Terras as they (hall find nece(rary, for the better enabling them to
perform fuch things as they are to do in purfuance of this Adl, and take Subfcrip-
tions from fuch Perfons for that Purpo(ej and fuch Contradt, (Sc. (hall not be
chargeable with Stamp Dutie<:.
No Member of the Bank, ir any thing in this Adl contained, (hall be difabled r. 45.
from being a Parliament Man, or adjudged liable to be a Bankrupt.
The Bank may in a general Court make fuch Addition to their Capital Stock f. 45.
(in regard of their undertaking t( difcharge Exchequer Bills) as they (hall think
fit ; and fo much as (hall be fo declared, (hall be deemed Capital Stock ; and the
Members of the Bank, who (hall have a Share in fuch Stock, may transfer the
fame in Method, Gff. prefcribed by any Statute or Charter now in force for
Aflignments.
The Bank (hall continue a Corporation, and enjoy the faid feveral Annuities, f 49.
till all the faid Annuities (hall be redeemed, according to the Provifos in this
Aft.
For
m:
f V
■•?■:"■;■
H'-V'
f.50.
m' ,b
;-!«,y?a
Pi|:j|
'"■i:
1
f.jj.
■i ■
hM'/^^b^Hm
fS4.
1. 55.
1 1 Gil I.
cap. 9. {. 1
r. 1.
r.3.
f. ;.
0/ BANKS, ^c.
For Encouragement of fuch Perfons as arc willing to advance Monies for pay-
ing off the principal Sums amounting to 8,762,635 /. upon the Lottery Adls of
9 and 10 ^nn. for redeeming Annuities on an Aft 12 and i-^WUl. III. Cap. 12.
to Patentees, out of the weekly Sum of 3700 /. out of the Excifc, for which
the Perfons advancing the fame, are to have Annuities oi five per Cent, redeem-
able by Parliament : // is enaEled, that till the Annuities of five per Cent, (hall
be redeemed by Parliament, the Bank (hall employ two Perfons within their Of-
fice of London, one to be their chief Ca(hier, the other their Accountant Gene-
ral; and the Monies coming into the E.xchequer for the Payment of fuch An-
nuities, (hall be paid quarterly to the faid Ca(hier, by way of Impreft, and on
Account, and the Accountant General (hall infpedt the Receipts and Payments
of the Cafliier, and the Vouchers relating thereto ; and all the Monies to be ad-
vanced for fuch Annuities (liall be one Capital or Joint-Stock, on which the
faid Annuities (hall be attending ; and all Perfons, in proportion to the Monies
they (hall advance, (hall have a Share in fuch Stock, and in the Annuity atten-
ding the fame; and fuch Shares (hall be transferable and devifeable as is p:e-
fcribed by the Aft i Geo. T.Cap. 19. and no Stamp Duties (hall be chargeable on
fuch Transfers : And the Bank (notwithftanding the Redemption of any of
their own Funds or Annuities) (hall continue a Corporati .in, relating to the Re-
ceiving, G?c. the Annuities laft mentioned, till the fame be redeemed by Parli-
ament ; and no Fees (liall be taken for paying the faid Annuities, or for fuch
Transfers. Neverthelefs the Treafury may allow out of the Monies to be Im-
prefted as aforefaid Salaries to the Caihierand Accountant General.
Transfers o." Bank Stock (hall not hereafter be made liable to any higher Du-
ties than are now payable for the fame.
The Bank may, under their common Seal, aflign the faid Annuities of
100,000/. or any Part thereof, and alfo fuch Annuities of five per Cent, per
Ann. to any Perfons whatlbever, and fo toties quoties ; which A(fignment (hall
not be fubjeft to any Tax, fo as an Entry be made of fuch A(rignments in the
0(fice of the Auditor cf the Receipt.
Nothing in this Aft iTiall hinder the making good any Deficiency in the year-
ly Fund of 1 16,573 /. 12 J. mentioned in the Aft i Geo. I. Cap. 2.
Any Vote of the Houie of Commons fignified by their Speaker in Writing,
and delivered at the Office of the Bank, (hall be deemed a fufficient Notice
within this Aft.
The Governor and Company of the Bank of England having agreed, that
from theFeaft Day of St. "^ohn Baptiji, 1727, their Annuity of 100,000/. up-
on the Sum of 2,000,000/. fee 3 Geo. I. Cap. 8. S. 6. before recited) (hall be re-
duced to four per Cent, it is enafted, that after the Nativity of St. John Bapttftt
\J2J, the faid Annuity (liall ceafe, and the Governor and Company of the Bank
(fubjeft to the Provifo of Redemption in this Aft contained) (hall have in lieu
thereof, one Annuity of 80,000/. which (hall be payable out of the Duties on
Houfes, and the Aggregate Fund ; and (hall be paid to the faid Governor and
Company, and their Succeflbrs foi ever, from Midfummer, 1727, at the four
ufual Fcafts, in fuch Manner and on fuch Conditions, as in the former Aft
3 Geo. I. Cap. 8. in relation to the faid Annuity of 100,000/.
On Repayment by Parliament to the Bank of England, of the principal Sum
of 2,000,000/. and of all Arrears of the faid Annuity, the Annuity (hall ceafe.
If at any Time Payment be made of any Sum (not lefs than 500,000/.) in
Part for the principal Sum, and of all Arrearages; then fo much of the faid
Annuity as (liall b*" "Proportion to the Monies fo paid in Part of the Principal
(liall ceafe.
The Annuity ihall be deemed perfonal Eftate ; and the fame, and the Stock
which the faid Company now have, or may be entitled unto, by Virtue of this
Aft ; and all the principal Sums and Annuities payable to the Company in re-
fpeft of any Inch Stock, (lull be free from Taxes, and (hall not be liable to fo-
reign Attachments.
The former Afts, and all the Powers, &c. therein contained (fuch Alterati-
ons as are made by this Aft excepted) (hall continue to be ufed, (Sc. and the
4 Governor
Of BANKS, ^c.
353
Governor and Company of the Bank of England, (hall continue a Corporation,
and (hall enjoy thefe Annuities till they fliall be redeemedv ^c.
If any Perlbn (hall alter, forge, or counterfeit any Bank Bill, or Bank Note* f- <>•
made for Payment of Money, by, ax for the faid Governor and Company, or
any Bank Note, or (hall erafe any fuch Bill or Note, or any Endorfement there-
upon, or (hall tender in Payment, utter, fife, any fuch altered, forged, or coun-
terfeited Bill or Note, or any erafed or altered Bill or Note, or the Endorfement
thereupon, ?Sc. ( knowing fuch Bill or Note, or Endorfement, to be altered,
forged, counterfeited, or erafed) and with Intention to defraud the faid Gover*
nor and Company, or any other Perfon; every fuch Pcrfon (hall be adjudged a
Felon.
The Governor and Company of the Bank of England having agreed to pay i g,c. u.
into the Exchequer 1,750,000 / for the Purchafc of an Annuity of 70,000 /. ^^"- *• ^*P'
fubjedt to Redemption ; // is enaSied, that every Year after the Fea(V Day of St. ' "
yobn Baptijl, 1728, a yearly Fund of 70,000 /. being (oar per Cent, for the
Sum of 1,750,000/ (liall be payable in Manner herein exprelTed, for the fatis-
fying the Annuities to be purchafed in Purfuance of this Ad, till Redemption
thereof by Parliament.
The (aid yearly Fund of 70,000 /. (liall be payable out of the Monies, which f. 1,
after the ("aid Feaft of St John Baptijl, 1728, (hall arife into the Exchequer for
the Duties on Coals and Culm, granted by 9 Ann. Cap. 22. continued by 5 Geo. I.
Cap. 9. and made perpetual by 6 Geo. I. Cap. 4.
The Governor and Company of the Bank of England, (hall advance into the f. 3.
Receipt of his Majefty's Exchequer, the Sum of 1,750,000/, by the 24th of
>/y, 1728.
On Payment by the Bank> of the faid Sum of 1,750,000/. in manner afore- f. 5.
faid, the Governor and Company, and their Succeffors and A(rigns, (hall be in-
titled to receive at the Receipt of the Exchequer, out of the faid yearly Fund,
one Annuity of 70,000 /. to commence from the 24th of "June, 1728, and to
be paid by half-yearly Payments, at Lhrijlmas and Midfummer, till Rede.iiption
thereof by Parliament, and the faid Annuity of 70,000 /. (hall be free from
Taxes.
An Order (hall be figned by the Treafury for Payment of the faid Annuity, f. 6.
and the fame (hall not be determined by the Death or Remov.al of any of the
Commi(rioners of (he Treafury, Gfr.
As the Money of the faid Duties (hall be brought into the Exchequer, the f. 7.
fame (hall be iflucd upon the faid Orders towards difcharging the faid Annuity, to
grow due at the End of the half Year in which fuch Payment iTiall be made ; fo
as fuch Payment do not exceed the half-yearly Pay.nent which fliould grow due.
The faid Annuity (hall be a perfonal, and not a real Eftate, and (liallnot beli-f. 3.
able to foreign Attachment.
If after the 24th of "June, 1728, the Produce of the faid Impofition on Coals' 9
and Culm (liall lie fo deficient, as that the Monies ariling therefrom ihall not be
fuflicient todifcharge the half Year's Annuity then due, then the Deficiency of
fuch half Year fliall be fupplicd out of the overplus Monies of the faid Duties ari-
fjng in any fubfequent half Year; and if at any Time after the 25th oi December,
1728, fucn Prodi'C" .Till be fo deficient, at the End of any one Year (computing
tlic fuiie to begin .it Cijrijinias yearly) as that the fame (liall not be fufficient to
difcharge the whole Ye.ir s Annuity then due, every fucii yearly Deficiency (liall
he made good out of the firA Supplier which (hall he granted in Parliament ; and
if no fuch Supplies ihall be gran -• within fix Months, then the (anic (hall be
made good out or any Monies wh»c.. ihall be in the Receipt of the Exchequer of
the Sinking Fund, except fuch Monies of that Fund as are appropriated to parti-
cular Ufcs,
Whatever Monies fliall be fo illued out of the finking Fund, (hall be replaced <■ is.
out of the firft Supplies to be granted in Parliament.
If there fliould be any furplus Monies arifing by the faid Duties at the End off. ir.
any Year (computing the fame to end at Chiijiinas yearly) after the laid Annuity
of 70,000/. and all \rrears thereof are fatisfieJ, i^c luch Surplus fliall be re-
fcrved for the Difpofition of Parliament.
4 X Upon
SifV .'.■i- ■'■■ :yM.
i
F
\
s* 'iJl, '"
'il
354
f. i>.
f.»j.
f.14.
f.ij.
i^^'v
1 Gee. n.
cap. 3, f. I.
I>;V '
tiJl
f.z.
f.j.
f.6.
r. 8.
f. II.
I. u.
1.13.
0/ BANKS, (^f.
Upon Repayment by Parliament to the Bank of England, of the faij
1,750,000/. and of all Arrears, the faid Annuity fliall ceale; 'id after fucli
Redemption, the Monies arifing by the faid Duties flull not be applied but as
fliall bcdire<ftcd by future Adts of Parliament.
If at any Time after the 25th of December, 1729, Payment be made to the
Bank, of any Sum (not lefs than 500,000 /.) in Part of tlie principal Sum, at
which the Annuity ti redeemable, and alfo of all Arrears of the faid Annuity,
then fo much of tlie Annuity as fliall bear Proportion to the Monies fo paid in
Part, (hall ceafe.
The Bank fliall continue a Corporation till the Redemption of the whole An-
nuity of 70,000/.
All former Powers granted to the Bank for afligning any Annuities or Capital
Stock, formerly purchafed by them, and now belonging to them, ihall be revi-
ved ; and the Governor and Company are empowered to transfer the faid An-
nuity of 70,000 /. as they lliall think proper j fubjedt, nevcrthelefs, to Re-
demption by Parliament, and without Power to enlarge their Capital Stock out
of the fame.
Afi'ir reciting the Acl- of 12 Jinn. Sefl". 2. Cap. 9. for layhg additional Duties
on Soap and Paper, and on certain Linens, Silks, Callicoes and Stub's, and upon
Starch, and exported Coals, and upon Jlampcd yetlum. Parchment and Paper, &c.
and tliat the Governor and Company of the Bank of England have agreed to pay
into the Excliequer 1,250,000/. lor the Pu/thafe of an Annuity of 50,000/.
fubjeft to Redemption by Parliament, to be charged on the furplus Monies to
arife from the faid additional Duties ; it is enaEled, that yearly, from the Fcaft of
St. fohn Baptijl, 1729, a yearly Fund of 50,000/. being after the Rate of four
/'(•r Cent, for the Sum of 1,250,000/. be fettled for fatisfying the Annuities to
be purchafed in purfuanceof this Adt, till Redemption thereof by Parliament.
The faid yearly 5=um of 50,000 /. fhall be payable out of the overplus Mo-
nies oi the faid Additional Duties, which fliall remain after fatisfying, Gff. fo
much a\ (hall be due to the South-Sea Company, on their Annuity and addition-
al Allowmce for Charges of Management, granted by theAdl 6 Geo. I. Cap. 4.
and the Treafury ihall qu.nrterly, in every Year, after the Feaft of St. John Bap-
ti/i, 1729, at the four ufual Feafts, or within fix Days after, caufe the overplus
Monies of the faid additional Duties to be computed, and applied towards ma-
king good the faid yearly Sum of 50,000 /. without diverting any of the Monies
which by the faid Adt 6 Geo. I. Cap. 4. ought to be referved for fatisfying the
faid Annuity to the South-Sea Company.
The Governor and Company of the Bank of England, fliall pay into the Ex-
chequer, 1,250,000/. before the fixth of OSlober, 1729.
On Payment of the laid 1,250,000 /. the Company Ihall be entitled 'o one An-
nuity of 50,000/ from the 24th of June, 1729, to be paid by quarterly Pay-
ments, till Redemption thereof by Parliament ; and the faid Annuity of 50,000/.
fliall be free from Taxes.
Orders fliall be figned by tlie Treafury for Payment of the faid Annuity, &c.
2S per I Geo. II. Stat 2. Cap. 8. S. 6.
The faid Annuity fliall be a perfonal Eftate, and fliall not be liable to foreign
Attachment.
If the overplus Monies of the faid additional Duties fliall be deficient, Cfr.
the Deficiency fliall be iupplied, as in the preceding Atl of 1 Geo. II. Stat. 2.
Cap. 8. S. 9, 10, and 1 1.
Upon Repayment by Parliament to the Bank of England, of the faid Sum of
1,250,000/. and of all Arrears of the faid Annuity of 50,000/ the faid Annui-
ty fhall ceafe, and the Monies arifing by the SurplufTes of the laid additional Du-
ties fliall not be ilfued, or applied to any other Ufe, but ab fliall be direded by
future Ads of Parliament.
If Payment be made to the Bank, of any Sums (noc being lefs than 500,000 /
at a time) in Part of the faid principal Sum ; and if Payment be then alio mad ;
of all Arrears of the faid Annuity; then ib mucli thereof a.s fliall bear Propor-
tion to the Monies fo paid in Part of the faid principal Sum, fhall ceale.
The Bank fliall Lontinuc a Corporation till Redemption of the laid Annuity
of 50,0001.
The
Of BANKS, ^c.
355
ito the Ex-
The Bank may affign the faid Annuity of jo,ooo/. or any Pan thereof, but f- >+•
fitbjedl to fuch Redemption by Parliament.
Out of the Sinking Fund there fhall be paid to the Bank, 500,000/. for re- ("• ifi-
deeming a proportionable Part of the Annuity of 80,000/. granted to them by
Stat. II. Geo. I. Cap. 9.
At the Feaft of St. Michael, i/tS, there fliall be iflued to the Governor and «i <7"- II.
Company of the Bank of Eng/ana, th'* Sum of 1,000,000 /. out of any of the ''• ''^ ^ '''•
Aids granted in this SeiTion of Parliament, for redeeming the Annuity of
40,000/. Part of the Annuity of 60,000/. in further Part of the principal
Sum of 2,000,000 /. being the Amount of Exchequer Rills, delivered up by
the Bank, according to the Direftions of the A6t, 3 Geo. I. Cap, 8. and in rc-
fpeft whereof, an Annuity of 80,000/. was payable to the Bank by Adt 1 1 Geo.
J. Cap. 9. and of which an Annuity of 20,000/. was redeemed by Payment of
500,000/. purfuant to the Adt 2 Geo. II. Cap. 3.
Reciting the feveral Adts of 7 and 12 Ann. made concerning the Bank, i ,- g™. ir.
which continued the Governor and Company an Incorporation till 1742, lub- •'"-","• '="•
jeft, however, to Powers of Redemption, as therein mentioned. ;jo' \\'}\
And the Time of the faid two former Adts being expired, the Company, by
this Adt, arc engaged to fupply the Govcriunent with the farther Sum of
1,600,000/. h^ioTQ December, 25, 1742, at different Payments, as demanded
by the Treafury, each Payment not to be more than 400,000/. and at a
." 'onth's Notice.
The laid Sums to bear an Interefi; of three per Cent, till Augiifl i, 1743, and P- 532-
on any Default the faid Company may be fued in any of his Majeily's Courts at
WeJlminJliT , and fliall forfeit twelve fer Cent. Damages, and full Cofts, for
which their Stocks and Funds fliall be liable.
The fcveral Provifoes contained in the recited Adls of 7 and 12 Ann. and all p 533.
Provifoes in any other Adts, for determining the faid Fund of 100,000/. per
Ann. arc hereby repealed ; and the faid Company, and their Succelfors fliall
continue to enjoy the faid entire yearly Fund, to be paid out of the Duties of
Excife, with perpetual SucccfTlon, and Privilege of exclufive Banking, and all
other Abilities, Gfr. granted them, by any Adls of Parliament, Grants, or
Charters ; fubjedt neverthclcfs to fuch Reftridlions, and other Agreements, as
are prefcribcd by any Adls and Charters now in force ; as alfo to the Power of
Redemption, as in this Adl is hereafter contained.
At any Time, twelve Months after Atiguji 1, 1764, o.. Repayment of all p. 534.
Monies lent by the Bank, with In.crefl:, &c. the faid yearly Fund of 100,000/.
fliall determine.
No other Bank fliall be allowed by P.arliament ; no*' fliall any Body Politick p- n;-
or Corporate, or other Perlbns whatever, united in Partncrfliip, above the
Number of fix, throughout England, borrow or take up any Sums of Money
on their Note, payable for lefs Time than fix Months, cuning the Continuance
of fuch Privilege to the Governof and Company, who are hereby declared to be
a Corporation, with Privilege of exclufive Banking, fubjedt to Redemption on a
Year's Notice, after Augujl i, 1764, and Repayment of the leveral .Sums lent,
with Intereft, vlx. 3,200,000/. and all Arrears of the 100,000 /. per Ann. and
.ill Principal and Intereft owing them on all Tallies, Exchequer Orders, Exche-
quer Bills, or Parliamentary Funds (except fuch Funds as are otherwile provi-
ded for) which the Governor and Company, or their Succeflors, fliall have re-
maining in their Hands, or be entitled to at the Time of fuch Notice given, as
aforefaid.
The Governor and Company may enlarge their Capital with any firthcr Sum, p 53G.
not exceeding 1,600,000/. additional Stock, and may take in Sublcriptions
from fuch Perfons, and at fuch Times, as rhey fliall think proper ; and all fuch
Subfcribers, whether Natives or Foreigners, having paid the Money fubfcribed
fur, fliall be united to, and incorporated with, the laid (Jovernor and Company,
and adjudged to be one Body Politick and Corporate, by the Name of the Go-
vernor and Company of the Bank of England ; fidijedt to the lame Regulations,
and intitled to the fame Privileges and Advantages with the prefcnt Members of
tJie faid Corporation.
The
35^
Of BANKS, ^c.
\^. '•.■'
p. 5 3 8.
P 539-
P- MJ-
p. 155.
The Capital Stock increafcd as aforcfaid, fliall be aflignable and transferrable
in the fame Manner as the original Capital Stock was, before tiie making this
Aft ; and, together with the Produce, fliall be free from all manner of Taxes,
, Charged, and Iinpofitions whatever j and the Transfers of the additional Stock
ftiall not be chargeable with any other Stamps or Duties, than were ufed in trans-
ferring the former Stock.
No Perfpn concerned in the Stock of this Company, whether as Go.crnor,
Dcpuiy-Govcrnor, Director, Manager, or Member, ihall be difabled from ferv-
ing as a Member of Parliament, or be liable to any Penalty, or Difability, pre-
fcribed by any Ads of Parliament, for not qualifying themfelves to execute any
Truft will, refpedt to Affairs of this Corporation, as Perfons who execute any
Office or Place of Profit or' Truft, are liable to, by any Law, now in Force, or
liable to be a Bankrupt withih the Meaning of any Statutes of Bankruptcy.
It is the true Intent and Meaning of this Aft, that the Governor and Compai
ny, and their SuccefTors, fliall enjoy the faid Annuity of 100,000 /. in refpeft of
their original Capital Stock of 1,600,000/. till v^i-^w/? I, i74j, befides the In-
tcreftofthe 1,600,000/. to be advanced as aforefaid, which Intcreit the faid
Governor and Company arc to receive back by way of Difcount.
Any Vote or Rcfolution of the Houfe of Commons, fignified by the Speaker in
Writing, and delivered at the publick Office of the faid Governor and Company,
and their Succellbrs, lliall be deemed a fufficient Notice within the Meaning of
this Aft.
Any Perfons who fliall forge, counterfeit, or alter, any Bank Note, Bill of Ex-
change, Dividend Warrant, or any Bond or Obligation under the Common
Seal, or any Endorfenicnt tliercon ; or ihall offer or difpofe of the fame, or de-
mand any Money, pretended to be due thereon, of the faid Company, or any
their Officers or Servants, knowing fuch Note, Gfc. to be forged, Gfc. with an
Intent to defraud tiie fliid Company, or their SuccefTors, or any other Perfons
whatever; the Offenders being duly convifted, fliall be deemed guilty of Felony,
and Tufter Death as a Felon, without Benefit of Clergy.
If any Officer, or Servant of the Company, being intruftcd with any Note,
©"f . belonging to the rompany, fliall embezzle any fuch Note, Sfc. the Oiii-nd -
er being duly con^ ifteu, ihall be deemed guilty of Felony, and fliall fufier Death
without Benefit of Clergy.
By the Cfiarter it is ordained, th^t there fliall be forever, of the Ivi.-^mbers of
the Company, a Governor, Deputy-Governor, and twsnty-fcur Dire.' )r -,
which faid Governor, Deputy-Governor, and Dircftors, or any vhi-teen, or
more (the Governor or Deputy-Governor to h' ilways one) fliall be a Court of
Direftors, for managing Affair:; of the CorpoiJi'.n but this Limitation by the
unavoidable Abfencc, or otherwife, of the Goveraor n:..; Oi. ;"U:y-GoveiiJor, may
be of great Hindrance to the Bi-.fincfs of the Co-poiauou, .V therefore enuSfed,
that whenever a Court of Direftors is nii.t, if the .';u-.\;ri ■■'■ .'x Deputy fliall be
abfent for the Space of two Hours, after the ufual Tunc of proceeding to Bufi-
nefs, the Direftors then met (being not Icis than thirteen) m;iy chufe a Chair-
man by Majority, and proceed to Bufincfs, and all Afts done by them fliall bo
as valid, as if the Governor or Deputy had been prefcnt.
This Aft fliall be deemed a publick Aft, and judicially taken Notice of as
fuch, by all Judges, ^c. without fpecially pleading the fame.
The Preamble recites an Aft palled in 16 Geo. \\. intituled. An ASl for re-
pealing the feveral Riites and Duties upon I'iilualhrs, \c. andfort-arsfrringthe
Exchequer Bills unfatisjied thereupon, to the Duties fo) Licences to jell fpirituous
Liquors, and ftrong Waters by Retail, &c. Whcrcliy it wis enafttd, that from
the twenty-fourth of June, 174^, the fcvcr;d Duties impji^id by an Aft of 12
•2-eh. I. upon all Viftualiers, and Ret . lers of Beer, within the Cities of London
aV'A ii'r/I'nn/kr, and the weekly Bills of Mortality, fliould thenceforth ceafe ;
and ih'.t a'ter t^{.• faid twenty-fourth of June, i74'5, the principid Sum of
481,40:/. in Exchequer Bills (Part of the Sum of 500,000/. advanced to his
M I cO; '■ F.Mv'.-quer by the Bank of England, upon Credit of the faid Duties,
:■>'. ti,t't per C ■•'•■'. per Annum IiitcreO; made forth in Purfuance of tlic fjid Adt
(.f :: ■"■:■-■. 7. aiji.th t .ei remained unlatisfied, with the Intercfl thereon, and
the
*
0/ B A N K S, ?^c.
the Charges of circulating the fame, fhould be transferred from the Duties then
charged therewith, and be charged (together with the Sum of 518,600/. to
be raifed by the before recited A(ft of 16 Geo. II. towards the Supply for 1743)
upon the Duties payable to his Majefty by another Adt of the faid i6 Geo. \l.
in titled. An A£i for repealing certain Duties upon fpir it uous Liquors, &c. and in
Purfuancc of the firft recited Adt of 16 Geo. II. the faid Sum of 4.81,400/. inp
Exchequer Bills, as alfo the faid farther Sum of 518,600/. were charged upon
the faid Duties, arifing by Licences, at an Intereft of three per Cent, per Ann.
And whereas the Bank is willing that the faid Sum of 986,800/, in Exchequer
Bills, remaining unfatisfied, on the aforefaid Duties, may be cancelled and dif-
charged, and in lieu thereof, to accept of an Annuity of 39,472 /. (being the
Interelt on the faid Sum at iowrper Cent. J to be charged on the lame Securities ;
and alfo are willing to advance unto his Majefty 's Exchequer, towards the Sup-
ply granted for the Service of the Year 1746, the Sum of 1,000,000, upon the
Credit of the Duties arifing by the Malt and Land Tax for 1746, at four per
Cent, per Aiu. for Exchequer Bills to be iflued for that Purpofe j provided they
may have a Power to create and difpofe of the faid Sum of 986,800/. of Bank
Stock (to be joined and incorporated with their prefent Capital) in fuch Man-
ner, and at fuch Times, as they fliall think proper ; with fuch farther Powers,
Privileges, and Advantages, as have ufually been granted by former A(Ss on
that Occafion. The Parliament thinking it will be of Advantage to the Public,
to accept the faid Propofal of the Bank, have enaSled, that the Bank of Eigland^'-
by the 2i;th of March 1746, fliall deliver up unto Perfons nominated by the
Treal'ury, all the faid Exchequer Bills charged upon the Duties aforefaid, a-
mounting to 986,800/. to be difchargcd and cancelled as the Treafury fliiU
think fit, without ill'uing again the fame, or any of them.
All the Intereft due on the faid Exchequer Bills to be delivered up to be
cancelled, with the Charges of circulating the fame, fliall be paid off.
In lieu of the laid Sum of 986,800/. in Exchequer Bills to be delivered up
to be cancelled, the Bank, from the 25th of March, 1746, fliall receive from p.
the Exchequer, an Annuity of 39,472 /. being four per Cent. Intereft on the
faid Sum of 986,800 /. until Redemption thereof by Parliament.
The faid Annuity fliall be paid from time to time, with Preference to all
other Payments whatfoever, out of the Monies that fliall arife into the Exche-
quer, from the Duties for Licences to fell Spirituous Liquors and Strong Waters
by Retail, in purfuance of the Aft of 1 6 Geo. II.
The faid Annuity fliall be paid at four Quarterly Payments, <i;/z. on the Feafts
oi St. John Baptijl, Si. Michael, Cbrijlmas-Doy, and Lady- Day ; the firft Pay-
ment to be made on St. John's- Day, 1746 ; fubjed; neverthelefs to Redemption,
as provided for by tiiis Adt j and the faid Annuity of 39,472 /. fliall be free
from all Taxes and Charges.
For the better and more regular Payment of the faid Annuity, Orders fliall P-
be figned by the Treafury for the Payment thereof, which fliall be valid in
Law J and fliall not be determinable by the Death or Removal of any of the
Comniiflioners of the Treafury, or Determination of their Power and Offices,
nor fliall the Treafury revoke or countermand any Orders fo ligned.*
And for the more fpcedy Payment of the faid Annuity, ;/ is enaf^ed, that
weekly, or otherwife, as the Monies arifing by the faid Duties fliall be paid
into the Exchequer, the fame fliall be iflued upon the Orders for difcharging
the Quarterly Annuity, fo as fuch weekly Payments do not exceed the Sum
ivhich fliall be due at the End of every Quarter.
Tlie faid Annuity fliall be adjudged to be a perfonal, and not a real Eftate,
and fliall not be liable to any foreign Attachment.
If at any Time after the 25th o( March, 1746, the Produce of the Duties P-
arifing by Licences aforefaid, at the End of any Quarter fliall be infuflicient to
pay tiie Quarter's Annuity, in every fuch Cafe, the Deficiency fliall be fupplied
out of the overplus Monies of the faid Duties, which fliall be in any fubfcqucnt
QvKU tcr, and if at tiie End of any one Year (computing the fame to end at
Lady-Day yearly) the Produce ihall not be fufficicnt to pay off the whole Year's
Annuity then due, the Deficiency fliall be made good out of the firft Supplies j
4 Y and
357
■'.m
57.
''■.1
,58.
159.
160.
i6>
if-' •'
358 0/ B A N K S, ^f.
and If no Supplies be granted within fi>c Months after, then to be paid out of
the Sinking Fund (fuch Monies therein excepted, as by former Ads are appro-
priated to other Ufcs.).
Whatever Money (hall be iiTued out of the Sinking Fund, fliall be replaced
out of the firft Supplies granted by Parliament.
Upon Repayment by Parliament to the Bank, of the faid principal Sum of
986,800/. in full without Deduction, Gff. ind of all Arrears of the faid yearly
p igj^ Sum of 39,472 /. then, and not till then, the faid Annuity Ihall ceafc, and be
accounted redeemed ; and after fuch B tdemption, the Monies arifing from the
faid Duties for Licences, fliall be apf lied as any future Adl fliall diredt.
If at any Time after the 25th of March, 1746, Payment be made to the
Bank of any Sums notlefs than one Moiety of the faid 986,800/. at one Time,
and alfo of all the Arrears of the Annuity, then fo much of the Annuity as fliall
bear Proportion to the Monies paid in Part of the whole principal Sum, fliall
ceafc, and be underftood to be redeemed.
The Company of the Bank may admit, and take in by Sale, Call, or Sub-
fcription (or by fuch other Methods as they fliall judge proper) from fuch Per-
fons, upon fuch Terms, and at fuch Times, as they (hall approve, for enlarging
p. ,63, their prefcnt Capital to a Sum not exceeding the further Sum of 986,800/. ad-
ditional Stock (over and above what they are impowered to create, by any
former Aft in that Behalf) and from time to time, in a general Court (and frotii
fuch Ti""s as they fliall diredl) to order the fame, or any Part thereof, to be
added to the pre(ent Capital of the Bank ; from which Time fuch Monies (hall
be deemed as Part of tlie faid Capital Stock, and (hall be proportionably en-
larged thereby ; and all I eifons on wliofe Account any Monies (hall be paid in,
as direded, tow.nds the tuid Sum, they, their Executors, Adminiftrators, and
Afligns, ihall be deemed Members of, and incorporated with the Company;
and (hall with the other Members of the Corporation, be taken to be one
Body Politick and Corporate, by the Name of tbe Governor and Company of
the Bank ofhw^rrA, fuhjedt to the (anie Rules, and enjoying the fame Pri-
vileges, with the pi ^lent Members of the Corporation J and all Executors, Ad-
miniftrators, Guardians, and Truftces, ihall be indcmni(ied in making Pay-
ment.-; i-jHin f'ucli Calls, &c. as aforcfaid.
p. 164- The Capital of the Rmk fo increafed (hall be transferrable, in the fame
Manner as the original Stock was before this Ad ; and together with the Pro-
duce thereof fliall be free from all Taxes, (Sc. whatlbever; and the Transfers
and Aflignments of Stock in the Company's Books, fliall be liable to no higher
Stamp, or other Duties, th.in are now payable for the lame.
The Company of the Bank, and tiieir Succeflbrs, fliall continue a Corpo-
ration, and enjoy all the Pr"-ileges, dift . belonging thereto, until the complcat
Redemption o'i the (aid Anr.uitv oi ^^9,472/. in a full Manner as the (amc are
fpecified in an Aft of 1 5 Gee, II. intitled, Jn Ai'.for e/ij^hm»g an Agreement
icith the Governor and Comfiiny of the Bunk ^/'England, for adi\e% -ing lie Sum of
one Million, ji\ hundred tbcufand Pounds, 6ec. or in any other Ad relating to
the (aid Corporation.
- ,g.. The Bank (hall advance to the Exchequer, tow-rds the Supply for th* Service
of the Year 1746, 1,000,000/. upon the Credit of the Duties aril;>ig from the
Land-Tax and Malt Ad, for the faid Year, to be paid at fuch 1 inies, and in
fuch Proportions, as the Treafury fliaJl diredl ; 10 that they be obliged to pay no
more than 250,000/. at any Time, nor without fourteen Day^ Notice before
each Payinent.
Upon Payment of the faid Million, or any Port thereof, by the Bank, the
Trcfury fliall make out Exchequer Bills tor the fame, payable out of the Duties
granted by the faid two Ads, together with an intertlt of four per Cent, per
Ann. until Rcpaynicnt of the Principal atbrefaid ; and the laid Bills fliall be
(libjccl to the Rules prefcribed in the laft recited Ads which relate to Exchequer
Bills thereby authorized to be made forth.
f i65. In call- the Bank fliall make Failure in any of the {'n'J. Payments, appointed
by this Aft to be made into the P/Xchequer, at or before the Times hmifed in
that Behalf, the (amc (hall be recovered to his iMajelly's Ufc by Adion of Debt
or
Of BANKS, ^c,
or on the Cafe, &c. in any of the Courts of Wfjlminjler, &c. in whirh Suit,
&c. the Governor and Company of the Bank of England may be declared in-
debted to his Majelty, the Monies of which they (hall have made Default in
Payment, &c. which ftiall be fufticient j and upon fuch Adtion, ©"<:. there
(hall be further recovered Damages after the Rate of ten per Cent, fortlie Mo-
nies fo unpaid, bcfidcs full Cofts of Suit.
By the -;3d Gfo. II. a Million was granted h-s Majefty, to be raifed by
Annuities at three per Cent, per Ann. and charged on the Sinking Fund, tranf-
ferable at the Bank of Eugland, where, among other things, // is enaSied,
That the Governor and Company of the Bank of England (notwithftanding
the Redemption of all or ;iny of their own Funds) fliall continue a Corporation,
fiff. till the Annuity to be purchafed under this Aiit, Ihall be redeemed by Par-
liament ; and they, or any Members thereof, Ihall not incur any Difability by
reafon of their doing any Matter or Thing in Purfuance of this Aft, ^c.
The preceding Ads are all th.at have been pafled relative to the Bank, fince
its firft EftabliOimcnt, and as ^hey let my Reader into an Account of its Stock,
I fliall now only detcri'-ie the Method of all Mercantile Tranfaftions there.
And, firft, whoever has a Mind to keep Cafh with the Bank, muft give a
Specimen of his ^'irm, in a Book kept for this Purpofe, and apply to the firft
Clerk of thcfe Accounts (commonly called the Drawing Accounts) who will
give him a Book, wherein his Account is opened, which Book he takes away
with him, and for which it is cuflomary to give half a Crown j the Perfon will
likewife receive a Parcel of Checks (of whofe Numbers an Account is taken by
him that delivers them out) on which he is to draw on the Bank as he fliall have
Occafion.
In the Books (which are of feveral Sizes) different Columns are adapted for
the Entry of Cafli, paid and received, and alfo for the Entry of Bills depofited
till due, when they become Cafli to be pafled forward, which is done the firfl
time the Book is carried to the Bank, after they are received.
Whenever you have any Ca(h to pay in, you carry it to the Bank, with v jar
Book, in which you have Credit immediately given for it; and on the coi- ir's
when you want to pay, you draw the Sum on one of your Checks, in the iol-
lowing Manner.
To the Cafhiers of the Bank of England. Auguft the 2 1 ft, 1 75 1 .
"P AT to Mr. A. B. or Bearer, on Demand, two hundred Pounds, ten Shillings,
■* and two Pence; for Account of C. D.
/^2oo: 10: 2.
Which is immediately complied with, and debited your Account in the
Bank Books ; and whenever you arc defirous of having your Account examined,
you carry your Book, and leave it for a Day or two in the Accountant's Office ;
and on your taking it again, you will find every Draught you have made, en-
tered, and your Checks returned you, cancelled: and no Money will be paid,
cither to yourfelf or your Order, without fuch a Draught, or what is called, a
Write off, which are printed Slips of Paper, with Blanks left for the Sums
wanted, and are always lying, with Pens and Ink, at aDcfkin the great Hall,
for cv';ry one to make ufe of at Pleafure, and when filled up are as follow.
Auguji the 2iii, 1751.
rj/^ RITE off from my Bank Book, one hundred and ffty-feven Pounds, ten
'^ shillings, and Stx-pence.
359
shillings,
£157: 10: 6.
S. T.
Which you give to any one of the Clerks fitting on the left Hand going Into
the Hall tjr that Purpofe, with your Bo<>k, and he debits vou the Sum therein
defired.
m
. ■ \
Wif
m^
.^:
w
W'
It'' I- ■
■I I
560 0/ B A N K S, ^c.
dcHred, and gives you Money or Notes for it, which you plcafe } referving the
Write-off as a Voucher.
If you have any accepted Bills payable in London, and to favc yourfclf the
Trouble, have a Mind that the Bank Hiould recover them, you mud endorfc,
and carry them with your Book to the Bank, and have them entered by the
proper Clerks, who lit at one End of the great Hall ; and after this Depofit,
they will be carefully recovered, or duly protefted ; if the former, their Import
will be credited your Account ; if the latter, the Bills will be returned, and the
Charges of protefting debited you.
If you would have the Bank pay any Bills that are drawn on you, you may
accept them payable at the Bank ; and in this Cafe, you muft, before they fall
due, give the Bank an Order to pay them when prefented, advifmg their Con-
fents, from whence, and by wnom drawn, &c. or you may, at the Time of
Acceptance, write an Order on them to the Cafliicrs (as a Draught) to pay
them when due, though befides this, a feparjte Order muft be left there for
their Difcharge.
The Bank will difcount Bills for any Sum, if the Holders and Accepters are
tr ' ; Diredors Satisfaction j the Foreign ones after the Rate of four, and In-
hnii at five per Cent, per Ann. and in Order to get this Tranfadlion cfFcftcd you
muft defcribe the Bills on a Slip of Paper, witlj yours and the Acceptor's Names,
and deliver it, with the Bills, to a Clerk who attends for this Purpofc in the
fame OlKce where the Checks arc dclivt red, and he carries it to the Committee,
who either accept or rejeft the Propolal, without afligning any Reafon for their
Behaviour; if the former, the Money is immediately paid you by the proper
Clerk, with a Dedudtion of the Difcount.
The Bank will receive by way of Depofit, from any Perfon keeping Cafli
with them. Bullion, foreign Specie, Jewels, or any fuch Effefts that are not
bulky, and take Care of thein till called for j but they will give no Receipt
with them, nor otherwife oblige themfelvcs to be anfwerable for their Safety ;
as they charge nothing for their Clerks Attendance, either at their Receipt or
Delivery, nor for the Depofit ; but they are fealed up, and ticketed with the
Name of their Owners, &c. who may receive them in ths fame Form they
were delivered whenever they think proper.
No Body is obliged to pay a perfonal Attendance for any Tranfadllon with
the Bank, but may fend another with their Book for Entries, Gfr . as moft
Merchants do their Clerks j and all poflible Difpatch is given to every one in
their Turn.
The Bank, ti'des difcounting Bills, will advance Monies on Government
Secwities, or on a Depofit of Specie or Bullion, but never on Jewels, or
Eftatcs ; and they will likewife buy Gold and Silver Bullion (after afiaying)
Spantjh Dollars, &c. though feidoni at fo high a Price as private Purchafers,
thefe latter often buying for tlieir own Ufe, but the Bank by way of Merchan-
dife, on which a Profit is expedted.
The Bulinefs of this Corporation was for many Years carried on at Grocers-
Hull in the Poultry (though the firft Subfcription was taken in at the Mercers in
Cbeapjide, whilft the other was getting ready) till they eredled the fpacio's Pile
they at prefent occupy, in Tbrcadnccdle Street, where Offices are appropriated
for every branch of their Employment j their Ca(h, Notes, and every thing of
Value, are prefei /ed in tlie fubterraneous Vaults, to guard them from Fire, and
the whole Houfe fecured by very ftrong fubftantial Faftnings, guarded by
fcveral Watchmen ftationed nightly, in different Parts of it.
The Corporation is under the Management of a Governor, Deputy- Go-
vernor, and twenty-four Diredtors ; of whitli latter, three attend from ten
o'clock till twelve (Sundays and Holidays excepted) for fourteen Days together,
and are then fucceeded by tlic like Number for the fame Term, till the whole
have taken their Rotation ; and Thurfday, being their Court Day, the (Jovernor,
Deputy, and all the Diredtors meet, except fucli as be out of Town, or are
hindered by Sicknefs, as they are very pundtual and exadl in their Attendance
on the Bufinefs of the Corporation ; for which the Governor has 200, the De-
puty 200, and each of the Diredtors 1 50 /. per Am:. They are cjiofe yeurly
by
0/ B A N K S, ^c.
\6t
hy a general Court, out of the print ipal Proprietors of Bank Stock, and are
always CJentlemen of large Fortunes, but more refpedlcd and eftccmcd fur their
llria Adherence to Integrity and Honour.
The C^^ialification of the Governor is 4000/. of the Deputy-Governor ^000/.
and for the Diredlor 2000/. Bank Stock, and that a Perfon may be privileged to
vote at tiieir Eledion hemufthave <;oo/. of the faid Stock.
And from the preceding Account of tiic Bank's Eflubiilliment and Direction,
it will readily be feen how much eafier Affairs arc t: anfaded here than in any one
of thofe lately mentioned abroad} in ours, no Fines arc extorted, no perfonal
Attendance required, nor any Delays occafioned by Shuttings-up, or Non-attend-
ance in an Afternoon, as the Bank of Eng/anJ is never rtiut but three Days
in a Year {Sundays excepted) and tranfadtsBufincfs from nine in the Morning to
five at Night, when that of the Day ends, as to the Recc pt and Payment of
Money, though the Clerks have ftill about half or three quarters of an Hour's
Employ to balance the Tranfadions of the Day, which after the aforcfaid Hours
they immediately apply themfcivcs to perform. Here is no Obligation laid on
any one to pay in Bank Money, or to be fatisficd with Bank Notesj but every
one is at Liberty to infifl on Payment in the current Coin of the Kingdom: Yet, "
as the former are the readicil Payment, and a few Minutes may convert them in-
to Ca(h, it is commonly preferred, efpecially for any large Sum; fo that our
Bank, compared with the moft celebrated, and heft of the foreign ones, mud:
an every Shape be preferred by the Mercantile Part of Mankind, as well as by
thofc Gentlemen whofe large perfonal Eftates would make them at a Lofsliine-
times for a Place of Security, if there was no Bank fubfifting to ferve them. And
if the Comparifon with the beft abroad places ours in fo advantageous a Light,
•what (hall we fay when we reflcdl on the fliocking Confcquences of that eredted
a few Years fince in France, where the fatal Enedts are felt to this very Day ?
How ought every Englijhman to thank Providence for his Lot, who made him
native of a Country fecured by the moft wholcfome Laws, under the Govern-
ment of the befl of Kings, and where every Individual enjoys his Property un-
jnolefted 1 How ought we to eulogize and praife our gracious Benefadlor, for
placing us in a State of Freedom and Eafe, whilft our immediate Neighbours are
galled with the Yoke of an almoft Egyptian Bondage, where nothing can fecurc
them from the Strokes of a tyrannical and dcfpotic Government, which too often
appropriates the Subjects Fortune to be fquandercd away in ambitious Defigns,
wd Schemes for aggrandizing the Prince, though to the utter Ruin of his Vaf-
fais I This was the apparent Intent of the Parijian Bank, which funk when the
Deign of its Inftitution was anfwered, by bringing all the Coin of the Kingdom
into the King's Coffers, and then reducing the greateft Part of their Paper Cur-
rency to lefs Value than it bore when it came out of the Stationers Shops.
Of Bankers.
iuty-Go-
from ten
together,
be whole
Ljovernor,
n, or are
ttcndance
the De-
ofe ycirly
by
THIS is an ancient Employ, as there was a Species of it among the Romans,
though very different in the Exercifeof the Calling from what the Pradice
is at prefent; they were in that famous Empire deemed publick Officers, who,
as one may fay, united the Offices of Exchangers, Brokers, Commiffioners, and
Notaries, all in one; ncgociatmg Exchanges, luidertaking Trufts, intervening
in Purchafcs and Sales, and dextroufly managing all the neceffary Adls and
Writings of fo many different Fundions.
The Bankers of the prefent Times differ very widely from the above Defcrip-
tion, as thofe in foreign Parts do even now from the Englijh. > ' In France,
Holland, &c. they may more properly be termed Rtmitters, as the principal
Part of their Buiincfs confifts in the negociating Exchanges; Mr. Savary calls
them Merchants, Traders, or Dealers in Money, who make Contrads, and
Remiffcs thereof, and confine themfelves to fucli Tranfadions only : We have
aKo fome Gcntlenien of great Fortune, who adt on tlie fame Footing lure in
Eiin'athi; but when vvefpcakofan Englijl^ Bunkci-, he is always to be undcr-
4 Z flood
T5'
362
Of
USURY.
. k
m-, •■%
J laft. iji.
fi'
Ditto 151
151.
Hmnli. 246.
I Mod. 69.
Aood oneaftins in a different Chamber and Manner from rhofelaft mcntionrdj
as ihefc limit their Tratfirk to what may properly be called Banking; their Deal-
ings being fimilar to the Bank's, and their Advantages ariling from the laim- Ntt-
gociations, only in a more limited Degree; for their Shops arc the Depoliioric-s
or Receptacles of their Cuftomcrs Money, which is paid in and drawn out by
the Proprietors (as in the Bank) at their P'lcafiire ; and the Bankers will alio <i(l-
counC Bills, and advance Money on fuch Securities as the Bank dues, from
which their Bufinefs differs nothing, though they have no publick Stock as the
Bank has, but the Advantages ariling from their Ncgociations arc tiicir own.
The Derivation of the Word Banker has been mentioned at the Beginning of
this Scftior., and the Tranfaftions in the Oriices both of the B;ink and Bankers
arc a great Eafc and Security to People in Trade, who may fafcly depo(it their
current Ca(h, and call for it when they plcafc.
Bankers are generally Gentlemen of large Eftates and Property, and tliough
fome have unhappily failed, it is an uncommon Catalbophe, tiie Buliiicfs being
certainly a.« lucrative as it is genteel.
o The Denomination was in Eng/and (ir([ given to fome monicd Goldiinitiis, in
the Reign of King C/6tfr/« the Second, as will appear by the following Para-
graph in an Aft of Parliament made the zzd and 2^dof that Prince's Keign, viz.
Waereas Jhnral Perfoni being Goldfmiths, and others, by taking up or l>orrov.ing great
Sums of Money, ana lending out the fame again for extraordinary Hire and Frojit,
bave gained and acquired to themfehes the Reputation and Name of Bankers, &c. anil
their Bufinefs, as has already been faid, copied by the Banks in all Parts, though
with very confiderablc Additions and Iinprovements.
As I have finifhed what I judged necelfary to be fiid concerning Banks and
Bankers, I thought it would not be amifs to fpeak a Word here about Ul'ury, in
which, however, I fliall be as brief and concil'e as the Subjec't will reafonably
permit.
Of Ufury.
■f T Is defined to be Money given for the Ufe 0^ Money, or the Gain of any thing
•*■ by Conlraft above the Principal, or that which was lent ; exadted in Confi-
deration of the Loan, whether it be of Money or any other thing.
Some declare Ufury to be an Exaftion of Profit for a Loan made to a Perfon
in Want and Diftrefs -, and Mr. Malynes in his hex Mercaloria terms it a Biting,
from the Etymology of the Hebrew Word Nejheeh (by Mr. Humphreys in his
Annotations ATtytT/^, which he fuppofes a genera) one for t^wry) ; but after all, it
P'.operlyconfifts in extorting an unreafonable Rate for Money, beyond what is
allowable by Law.
The letting Money out at Intereft, or upon Ufury, (thcfc being formerly re-
garded as fynonimous Terms) was againft the Common Law; and in Times part,
if any one after his Death was found to have been an Ufurer, all his Goods and
Chattels were forfeited to the King, ^c. and according to feveral ancient Sta-
tutes, all Ufury is unlawful; but now neither the Common nor Statute Law ab-
folutely forbid it.
On the contrary, a reafonable (that is a lawful) Intereft may be taken for Mo-
ney at this Day. The Stat. 27 Hen. VIII. Cap. 9. allowed ten ^^-r Cra/. fur
Money lent on Mortgages, &c. which was revived by 13 E/iz. Cap. 8. And 21
yac. I. Cap. 17. ordained eight per Cent. The 12 Car. II. Cap. 13. lowered
Intereft to iix per Cent, and 12 y///«. Cap. 16. to five per Cent, at which it has
remained fixed ever fincc.
It hath been adjudged on this laftStatute, that a Contradt fordxper Cent, made
before the Statute, is not within the Meaning of it j and therefore that it was
ftill lawful to receive fuch Intereft, in refpcd of fuch a Contrail : And if a
Man, when Intereft was at f\x per Cent, lent Money at that Rate, and after the
Statute comes and finks the Intereft to five per Cent, if he continues the old In-
tereft on that Bond, the Bond ftiali not be void as ifurious, but it is faid the
Party (hall be liable to forfeit treble Value.
The
rears,
Of USURY.
363
Abr.
Ctirlh.
251.
The Receipt of higher Intercft than the Law allows, by Virtue of an Agree- "'«'•
ment fubfcqucnt to the (irll Contract, doth not avoid an Airurancc fairly made
and a Bond made to fccurc a jud Debt, payable with lawful Intcrcil, Hull no
be avoided by a corrupt ufurious Agreement between others, to which the
Obligee was no ways privy \ nor Hiall Miilakes in drawing Writings make void
any fair Agreement.
If the original ContmAbe not ufurious, nothing done afterwards ran make it '"'"<•/. 7 1-
fo } and a counter Bond, to fave one harmlcfs againd a Bond made upon a cor- \ (:l,f ''^<^'^
rupt Agreement, will not be void by the Statutes j but if the original Agree- 170-
ment be corrupt between all the Parties, and fu within the Statutes, noCulour
will exempt it from the Danger of the Statutes againft UJiiry.
A Fine levied, or Judgment fulFercd, as a Security for Money, in Purfuance
of an ufurious Contrad, may be avoided by an Averment of the corrupt Agree-
ment, as well as any common Specialty, or parole Contradl : Ami ic is not ma-
terial whether the Payment of the principal and the ufuiiuus Intcreft be fccured
by the fame or bv different Conveyances, for all Writings whatfocver, for the
ftrengthening fuch a Contradt, are void j alfo a Contraft rclcrving to the Lender a
freater Advantage than allowed, is ufurious, if the wliole is allowed by way of
ntereft, or in Part only under that N ?, and in Part by way of Rent K)r a 1 Woti'*.P.C.
Houfe let at a Rf nt plainly exceeding tne known Value ; fo where P.irt is ta- '* y^y
ken before the End of the Time, that the Borrower hath not the i'rofit of the 50^.
whole principal Money, (Sc.
By HoJt C. J. If A. owes B. 100 A who demands his Money, which A. ac-
quaints him he hath not ready, but is both willing and dcfirous to pay it, if B.
can procure the Loan from any other Perfon ; and thereupon B. having prcll-nt
Occafion for his Money, contradts with C. that if he will lend A. 100 1, he will
give him 10 /. on which C. lends the Money, with which the Debt is paid to B
this is a good and lawful Contradt, and not ufurious, between B. and C.
It is not Ufury if there be not a corrupt Agreement for more than Statute In-
tereft ; and the Defendant fhall not be punilhed, unlefs he receive fome Part of 3 ^«'^ 39°-
the Money, in Affirmance of the ufurious Agreement.
There can be no Ufury without a Loan j apd the Court hath diftinguifhed be- 1 '••"^ *"J*
tween a Bargain and a Loan.
If a Manlend another 100/. for two Years, to pay for the Loan 30/. but if Cr.. Jac.
he pays the principal at the Year's End, he fliall pay nothing for Intereft ; this 509
is not Ufury, becaufc the Party may pay it at the Year's End, and fo difcharge ' '*"' '"
himfelf.
And it is the fame where a Perfon, "iy fpecial Agreement, Is to pay double the 1 inft fg.
Sum borrowed, &c. by way of Penalty for f.on-payment of the principal ^ "■/• Aw.
Debt; the Penalty being in lieu of Damages, and the Borrower might repay the °'"
Principal at the Time agreed, and avoid tlie Penalty.
A Man furrenders a Copyhold Eftate to another, upon Condition that if he ' ^°"- R'P-
Eays 80 /. at a certain Day, then the Surrender fliall be void j and after it is agreed f y^,^ ^i,,,
ctwecn them, that the Money fliall not be paid, but that the Surretidcnr fliall 44. "*'
forfeit, Gfr. in Confideration whereof the Surrendree promifes to pay to the
Surrenderer, on a certain Day, 60 /. or 6 /. per Annum, from the faid Day, pro
vfu & interejj'e of the faid 60 /. till that Sum is paid : This 61. fliall be taken to
be intereffi damnorum, and not lucri, and but limited as a Penalty for Non-pay-
ment of^the bo I. as a Nomine Pcvna, &c.
On a Loan of 100/ < r other Sum of Money for a Year, the Lender may c^^, y^
agree to take his Intereft half-yearly or quarterly, or to receive the Profits of a
Manor or Lands, C^c. and be no Ufury, though fuch Profits arc rendered every
Day.
If a Grant of Rent, or Leafe for 20/. a Year of Land which is worth 100/. 7«* Cm.
per Annum, be made for 100/. it is not ufurious, if there be not an Agreement ^^y*
that this Grant or Leafe fliall be void upon Payment of the Principal and Ar-
rears, &c.
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23 WEST MAIN STREET
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119.
« 5ir/. Abr.
J AV// J 10.
Crujae. 153
2 iiv. ■>.
See I SiV.
181.
1 Cf*. lOg.
;o8.
I Cm. 17.
Sbyw. 8.
Coribno 67.
63.
Ctmhirb. |2{
3 S«tf, 391.
: tV». 509.
» Crt. 677.
3 t'«. 501.
4 Ln: 43.
Xajra, 191.
ImIv), 466,
a A;//. 671.
3Af,//.5i4.
I Ilttui, 248,
and itf. B. R.
Of USURY.
But \( two Men fpeak together, and one defires the other to lend hitn lOo/.
and i.. ' the Loan of it he will give more than legal Interest ; and to evade tlie
Statute, he grants to him 30 /. ter Annum, out of his Land, for ten Years j or
makes a Leafe for one hundred Years to him, and the LeiTec rcgrants it, upon
Condition that he Hiall pay 30 /. yearly, for the ten Years { in this Gafe it is
Vfuryt though the Lender never have his own 100/. again.
A Man granted a large Rent for Years, for a fmall Sum of Money ; the Sta-
tute of Vfwry was pleaded ; and it was adjudged, that if it had been laid to be
upon a Loan of Money, it had been ujiiriout, though it is otherwife if it be a
Contraft for an Annuity.
If one hath a Rent-Charge of 30 /. a Year, and another aflccth what he fliall
give for it, and they agree for 100/. this is a plain Contradt for the Rent-
Charge, and no Ufury.
The Grant of an Annuity for Lives, not only exceeding the Rate allowed for
Intereih but alfo the Proportion for Contradls of this Kind, in Confideration of
a certain Sum of Money, is not within the Statutes againft Ufury ; and fo, of a
Grant of an Annuity on Condition, &c.
Where Intereft exceeds | /. per Cent . per Annum on a Bond, if poifibly the
Principal and Intereft are m Hazard, upon a Contingency or Cafualty ; or if
there is a Hazard that one may have lefs than his Principal, as when a Bond is
to pay Money upon a Return of a Ship from Ses, &r. thefc are not Ufury.
Though where B. lends to D. 300/. on Bono, upon an Adventure during the
Life of £. forfuch a Time; if therefore D. pays to B. 20/. in three Months,
and at the End of lix Months the principal Sum, with a further Premium at
the Rate of 6//. /?r Pound a Month ; or if before the Times mentioned £. dies,
then the Bond :o be void ; this, differing from the Hazard of a Bottomry Bond,
was adjudged an ufurious Contradt.
1 00/. IS lent to have 1 20 /. at the Year's End, upon a Cafiial y ; if the Cafu-
aity goes to the Intereft only, and not the Principal, it is UJkry : The Difference
in the Books is, that where the Principal and Intereft are both in Danger of be-
ing loft, there the Contraft for extraordinary Intereft is not ufurious ; but when
the Principal is well fecured, it is otherwife.
A Perfon fecures the Intereft and Principal : If it be at the Will of the Party
who is to pay, it is no Ufury.
And a Lender accepting a voluntary Gratuity from the Borrower, on Payment
ofPrincipal and Intereft, or receiving the Iptereft before due, (Sc. withdut any
corrupt Agreement, fliaJl not be within the Statutes againft ijfury.
Alio if one gives an tfurhus Bond, and tenders the whole Money, yet if the
Party will take only legal Intereft, he fliall not forfeit tlic treble ValUe by
Statute.
On an Information upon the Statute of UJiiry, he who borrows the Money
may be a Witnefs after ne hath paid the Money.
In Aftion for Ufury, the Statute againft UJitry muft be pleaded, and a corrupt
Agreement fet forth : It is not fufficient to plead the Statute, and fay that for the
lending of 20 /. the Defendant took more than 5/. per Cent, without fetting
forth a corrupt Agreement or Contraft.
And in pleading an ufurious Contract by way of Bar to an Adion, the whole
Matter is to be fet forth Ipecially, becaufe it lay within the Party's own Privity ;
but in an Information on the Statute, for making fuch a Contrad, it is enough
to mention the corrupt Bargain generally, by reafon Platters of this Kind are fup-
pofcd to be privily tranfadled ; and fuch Information may be brought by a
Stranger.
In Cafe of Ufwy, &c. an Obligcr is admitted to aver againft tJic Condition
of a Bond, or againft the Bond itfelf for Neceflity's fake.
The Word Corruptive is neceflary in a Declaration for Ufury, &c.
Ufury has been decried in all Ages, both by Jews and CbrtfiiaHs ; the former
were by their Laws prohibited to take it of their Brethren, tliough Mofes (as
5 Sir
eighi
in
pawi
ther
Com
the
If
and
ido/.
de the
18 J or
, upon
ife it is
t»e Sta-
l to be
it be a
le Aiall
Rcnt-
wcd for
ation of
fo, of a
Sbly the
n or if
Bond is
^: u
irmg the
Months,
imium at
l£. dies,
try Bond,
the Cafu-
)ifFerence
rer of be-
but when
the Party
1 Payment
thdut any
yet if the
Value by
ic Money
a corrupt
lat for the
}ut fetting
the whole
n Privity ;
is enough
id are fup-
lught by a
Condition
the former
Mofes (as
Sir
^: Of USURY.
Sir 'Jejkb Child fuppofes) for a political Reafon, permitted them to receive St
from Strangers, as a fure Means of enriching the Hebrews j and though any
Share of Intereft or Ufury was ill thought of by the Fathers and others in the
firft Ages of Ciiriftianity, it has for fomc Time part been efteemed rather an
Advantage than a Detriment to a trading People, and confequently been en-
couraged (though with proper Limitations) by the Legiflature ; a lawful Intercfl
has therefore now loft the Name of Ufury, which is only continued to thofe
illegal Exadlions that are the Ruin of many, when Extortioners find Means to
evade the wholefome Laws I'ubfifting againft them, and prey upon the Ne-
cefHtiesof their poor Neighbours: Thefe may juftly be faid greedily to drink
up the Widows and Orphans Tears ; and we have too many of fuch Mifcreants
among us, who being loft to all Senfe, not only of Religion, but even of Hu-
manity, improve the Opportunity of others prcffing Necf Titles to their own
Advantage, and grow rich and opulent upon the Spoils and Deftrudion of
their fellow Creatures.
Ufury is ftridlly prohibited in all Cbrijlian Countries, and in many. Banks
have been fet up, with Funds to let out on Pawns, for thofe whofe Neceflities
required fuch Afliftance, and to prevent by this Means the prevailing iniquitous
Pradtice of Ufurers ; of this Number was our ill-condudled Charitable Corpora-
tion here, and that ftill fubfifting at Amjicrdam, under the Title of the Lombard
(as being firft inftituted by thofe People) or Bank for Loans, which is a fpacious
Building eredlcd for a Warehoufe, in 1550, by the Overfeers of the Poor, who
afligned it in 16 14 to the City, for the Purpofes aforementioned; where every
one who is in Want of Cafh may have it, on any Pawns he fhall bring there,
as none are refufcd, though never fo vile or valuable, provided they are faleable;
fo that every thing will be received, from Jewels of a great Price, to the leafl
Particular of Cloaths or Furniture ; and the Litereft on the Loan is paid in the
'following Manner, viz.
For wnat is under 100 Guilders, a Penning per Guilder is paid weekly, which
is after the Rate of 16 i-4th/?r Cent, per Annum.
From 100 to 500, is paid an Intereft of 6 per Cent, per Annum.
From 500 to 3000 there is paid 5 per Cent, per Annum.
And from 3000 to loooo, or above, only ^per Cent. per Annum is paid.
Whoever have brought in their EfFcds, may retrieve them whenever they
pleafe, on returning the Sum they have received, with the Intereft to the Day
of their taking them back ; though with this Exception, that as the Intereft is
to be paid Monthly, that of the Month entered on muft be faiisfied ; but to
avoid this, the Debtor muft take care to free his Goods exadVly at the Month's
End.
If thofe who have brought in their Pawns, negleA to free them at the Expi-
ration of a Year and fix Weeks, or that they do not enlarge the Time of Pay-
ment, by fatisfying the Intereft of the paft Year, the Lombard fells them by
Audtion, and referves what they produce more than the Sum lent (Charges and
Intereft deduced) at the Difpofition of the Proprietors ; but if they do not re-
claim the faid Surplus in a Year after, it is given to the Poors Houtes, and can-
not then by any Means be regained.
For the Conveniency of thofe who are deftrous of being unknown, and there-
fore do not care to carry their EfFedls themfelvcs to the Lombard, there are fe-
veral fmall Offices eftablilhed in the City, with this Infcription before the
Door, Hiergaatmen in de Bank van Leeninge ; That is, Here they go to the Lom-
bard or Benk. The People eftablifhed in thefe Offices take an Oath to the
Lombard, and are obliged to carry in there daily, the EfFefts that are brought
to them, under Penalty of Caffation and being niulft ; the Lombard pays them
eight Stivers *fr every loo Guilders that it lends on the Effefts that they bring
in : Thefe People take care to carry the Goods to the Lombard, where they
pawn them in their own Names, and deliver the Money to him who brought
them to them, with a Note from the Lombard, that contains the Name of the
Commiffary, the Quality of the Thing upon which the Money is taken, and
the Sum advanced on it.
If this Note happens to be loft, and the Proprietor would reclaim his Goods,
and reftore the Suni borrowed, he is not believed on his bare Word, nor will
: A the
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m
Ma
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366 0/ C U S T O M S, ^f.
(he Effedte be delivered to htm, without his giving good Security to Fetum
them, if it is found that the Note has been made oyer to another, who comes
afterwards to demand them 1 but if, on the Note's being loft, any one finds it,
br even if it is ftole from the Owner, and he that has found it, or ftole it, car-
ries it, and demands the Effects, and pays the Loan before the Proprietor per-
ceives that he has loft ir, the Lombard silways delivers them to the Bearer, with-
out Enquiry whether he is the real Proprietor or not j and the true one has for-
feited the Right he had to reclaim his EfFeAs from the Bank.
The puhlick Sales made in this Houfe, are made during three Days in every
Week. AH Sorts of Pcrfons are admitted to the AuAion j and thofe which are
known have three Months Credit, particularly for Diamonds, and other
Jewels.
If it happens (as in Effefl it does very often) that the Goods, Merchandise,
or Jewels, Drought to the Bank, have been ftole, and their Owners have dif-
covercd it, they may reclaim them, on proving the Theft, and giving Security
for their Value, and returning the Sum that has been'lent on them.
All the Lombard's Officers are paid by the City, of which Com* are efta-
bliihed to controul and value Clothes or Furniture, others upon Merchandise,
and others upon Jewels and Plate ; for the Reception of which there are three
Warehoufes, and the Appraifers are anfwerable for the Price in which they
have valued the Things tnat are brought in ; in cafe they are fold for lefs than
the Valuation, which they have put on them.
The Sums that the Lombard nave occafion for, are drawn from the Money
Bank, and all the Profit it produces is deftined for the Support of all, or the
greateft Part of the Hofpitals, by which Method the Bank's Cafti, which
would otherwife lie ufelefs, is of great Benefit to the Poor, without thepublick
Security being any thing concerned.
Of thefc Lombards there were fome eftabliftied formerly in many Part* of
the Low Countries, and one particularly at Bruges in Flanders, where Money
was lent on Pawns without any Intereft at all i and in feveral Cities of Italy,
there were, and ftill arc, feveral Banks of Charity (called Mmtes PietatisJ where
Caih is lent on Pledges, for which only an Intereft of three or foarfer Cent,
per jinnum is required, to pay the Salaries, &c. of the Afliftants, and whofe
Funds have been fettled by the charitable Donations of many, who have con-
tributed larnly to the Poor's Relief in this Shape ; and thefe different Ways
and Means nave been thought of, and carried into Execution, purely to prevent
that execrable Sin of Uj'ury, aiid alleviate what the Indigent funcred from it.
PjIC^.i)*^
Of CuJlomSy and Cuflomhoufe Officers.
CUSTOMS are properly the Tribute or Toll paid by Merchants to the
King, for carrying Merchandife out, or bringing it in ; or in other Words,
Duties, payable to the Crown, for Goods exported and imported j and thefc
are due to every Prince or State, both of commcn Right, and by the Law of
Nations, as a Matter inherent to their Prerogatives, they being Guardians and
abfolute Commanders of their Harbours and Ports, where Commodities are
landed and loaded; though in England, the Prince's Power is more reftrained
than in arbitrary and defpotic Governments, as he can lay no Impofition on any
Sort of Merchandife (though never fo fuperfluous or unneceftary) whether na-
tive or foreign, or upon Merchants, Strangers or Denizens, by his abfolute
Power, without Affent of Parliament, either in Time of War, or under the
greateft Ncccflity or Preffures that may be.
Cujloms are fatisfied in different Manners, according to the various Ufes of the
feveral Countries where they are levied ; as in fome they are paid in Money,
and in others in kind ; which Merchants fhould endeavour to be acquainted
with, and govern themfelves according to the feudal Laws, Conftitutions, and
Proceedings, ufed in all Kingdoms relpedively, whereby they arc fiscured and
defended in their Traffic and Commerce ; as by a Non-obfcrvance thereof they
cxpofe themfelves to the Rifque of Mulcts, Fines, Lois, and Forfeiture ©f their
Goods and Commodities.
I Thefc
0/ e u s T o M s, 6^^. 367
f hefe Sorts of Revehues are venr ancient, but as an Account of their N^rfl
and Antiquity, and of thejcveral Soru of PuAoim, Subfidies, Impofts, and other
Duties on Merchandife here in Ettf^Md, iMwld take up a larger Comnaft in this
Treatife than I can allow it, I mutt refer toy Reader, for a more particiilar Re-
lation ofthcm, to mv Lord Coke, in his 1 hulit. upon the Stat, of Mapid Cbtrtt,
Cap. 30. or to the valuable Works of Mr. Httir^ Crouci, &c. where he will find
ample Information In every thing relative to this Subjed.
The Word Cufioms comprehends Magna & Antiquu Cufiuma, pajrable out of Ar«-> >6{<
our own native Commodities { as for Wool. Woolfells, and Leather j and Parva
C^ftmna, which are Cuftoms payable by Nierchants, both Strangers and Deni-
«ens, which began in the Reign of Edv. I. when the Parliament granted him
tliree Pence in the Pound, on all Merchandifes exported and imported.
But that which is granted by Parliament, is properly called a Subfid^'t ind ' ^«^- Abr^
is (bmetimes granted to the King for Life, of which there are feveral Sorts ) as ''^' ^'*'
Tonnage, a Duty granted out of every Ton of Wine imported, which was firft
granted by Parliament to King Eihv. III. and Poundage, a Subiidy granted for all
Goods exported and imported, except Wines, &r. and is ufually the twentieth
Part of the Value of the Goods, or twelve Pence in the Pound; and this was
firft given to Hen. VI. for Life.
In the Reign of Edw. III. the great Charter for free Trailick was confirmed ;
and Anno 6 Ediv. III. it was enadcd, that no new Cujlonu could be levied, nor 1 inft. 60.
ancient iiicrcafcd, but by Authority of Parliament.
In the fubfequent Reigns, feveral other Duties have been laid on foreign
Goods and Merchandife. and the abovementioned of Tonnage and Poundage,
sranted by 12 Car. II. for Life to that Prince, have been continued in the
lame Manner to his royal SucceflTors, down to hisprefent Majefty King Geo. II.
but as I do not intend to write a Hiftory of the Cuftoms, what I have faid may
fuftice for a Hint of their Origin, and Mr. Crouch's Book of Rates being plain,
and level to all Capacities, the Trader may there fee what he has to pay and
draw back, on any Commodity he may intend to ingage in ; I ftiall therefore
proceed to colled f ich Rules for his Government at the Cuftomhoufe and Vfa-
ter-fide> as I judge may be ferviceable to him, and firft.
For Entries inwards.
Wlien a Ship arrives, on whidi i Merchant has any Goods, it is ufual for hiiu
to apply to fome Clerk in the Long Room at the Cuftomhoufe to make the En-
try, who computes the Duties, and direfts him where to pay them .in, for
wnich his Charge is veiy fmall; however, if one has a Mind to avoid it, he muft
draw out a Bill of Entry in the following Manner, viz.
London, O&ober, the 25th 1751.
In the Union, Tionuu ^icbardfin ^ AGcani.
s.r.
S. T. N*. I a 10, Ten Bales of Almonds, containing 60 Cwt. 2f. 34 4 4-
ferCwt.. iC ><*3 • '
V'':-P:^,
'^P:'"..:^--
20
of which the Merchant muft make feven, the one wrote in Words at length
(which is to pafs) and called a Warrant, and in the others, the Contents may
be exprcfTed in Figures, which are all delivered to the proper Clerks in the
Long Room, who attend for that Purpofe, from ten in the Morning till two in
the Afternoon, and having paid the Cuftoms into thcj* Treafury, a Receipt is
given for them, and Officers appointed fo foon as others concerned in the Cargo
have taken the fame fteps.
But previous to this Entry, the Ship muft be reported, the Method of per-
forming which I ftiall add for the Sake of thofe who may be as well Owners
as Merchants.
On the Ship's Arrival in the River, the general PraAice is to nominate a
Perfon to ad a< a Ship's Haft>and (except an Owner has a Mind to perform this
Part
■>-^ -:--%■
Mf^'
i/^':
368 0/ C U S T O M S, &>c.
Part himfelf) who muO take an exa6. Account of her Loading from the Cap-
tain's Manifeft, and report the fame at the Cuftopihoufe j which he does by
malcing two Copies* the one on a blank Sheet of^ Paper, and the other on a
Paper with the Oath to be taken by the Mafter of the Ship, printed on it, given
by the Uflier of the Cuftomhoufe, who generally attends at the upper End of
the Loo^ Room, to adminifter Oaths, &c. And the Report is to be made in
the fubfequent Form, viz. ■
To Report a Ship.
After exadUy copying the Manifeft on the two Sheets of Paper, as beforemen-
tioned, you muA go to the Comptroller, or to the Deputy Comptroller, in the
Long Room of the Cuftomhoufe (accompanied by the Mafter) and read the two
ManifJEfts over with him, of which he retains that wrote on the plain Sheet,
and the other with the printed Oath, you muft return to the Uftier from whom
{'ou received it, who, after examining the Mafter concerning the Ship, and this
Btter has fwom to the Manifeft, the Uftier dire^ you how, and to whom you
muft pay for entering the Ship, and your next Bufinefs is to fee, whether thofc
principally concerned in her Cargo have made their Entries, that if they have
not, you may apply for their doing it, in order to fet the Ship to Work, and
begin her Difcharge.
DirtHmu &0V) to proceed after the Report is maJe.
The Perfbn dire£te^ by the Owners to take an Accc.int of every Merchant's
G( ods as they ace delivered ^called the Ship's Huft)and) having got the Land-
waiter's Name, who is appointed for the Ship, he applies to him for Informa-
tion of what Merchants have made their Entries, and for a Copy of his War-
rant, which he figns, and fends aboard the Ship to the Officers there, that they
may commence their Work, which they foon after do, and fend a Hoy or
Lighter to the Quays.
And againft the Lighter's Arrival the Ship's Huftiand has prepared a Book,
ruled in the fame Manner as the Waiter's ; on one Side of which he places the
Number or Quantity of Goods he judges the Lighter may contain (as in the Mar-
~ N*. 4. gin) and oppoftte thereto, he fets down tnc Marks and
Numbefs ot each Parcel as they are landed ; and as foon as
the Lighter is delivered, he takes a View, or gets the Sur-
veyor to give him an Account of the Damage (if any) upon
the Goods.
When the Goods are weighed or meafured, and the Mer-
chant has got an Account thereof, and finds his Entry al-
ready made too fmall, he muft make a Poft-Entry for the
Surpluftage in the fame Manner as the firft was done.
And as a Merchant is always in Time to make his Poft, he Ihould take carejiot
to over enter, to avoid as well the Advance as the Trouble in getting the Over-
plus back I however, if this is the Cafe, and an Over-Entry has been made, and
more paid or bonded for Cuftpms than the Goods really landed amount to, the
Land-waiter and Surveyor muft fignify the fame, upon Oath made, and fubfcrib-
ed by the Perfon (o over-entered, that he, nor any other Perfon to his Know-
ledge, had any of the faid Goods over-entered on board the faid Ship, or any
where landed the fame without Payment of Cuftom { which Oath muft be at-
tefted by the Colledor and Comptroller, or their Deputies, who then compute
the D^i''>>sand fet dowit on the Back of the Certificate, iirft in Words at Length,
and then m Figures, the feveral Sums to be paid i which Certificate and En-
dorfement are as follow :
Tie Certificate.
Thefe are to certify, that J. F. did pay his Majefty's Duties inwards in the
Dolphin, Thomas Wheeler, Mafter, from the 6'o«a</, the 9th Dayof Afay, 1751,
for 124 Ton of Iron, 35 hundred and an half of Copper in Plates, and 800
hun-
5
B
D
F
H
4
8
5
9
i<jV.
/.
/.
/.
3-
10.
9T-
7-
01.
6^
1.
©7.
2T-
3-
lO.
9f.
Of C U S T O M S, a»^. 360
hundred Clap-Boardi j and we the Officers underwritten did erAmine tlM fame
at the Delivery thereof out of the faid Ship, and found no more dian 118 Tons
of Iron i 32 hundred Weight of Copper, and 763 hundred Clap-hoards: And
for further Manifeftation of the Truth hereof, he made Oath, tnat neither he,
nor any other Peribn, to his Ufe or Knowledge, had any of dkofe Goods over-
entered on board the faid Ship, or in any Place landed them without paying
CuAoms. Dated at the Cujlanbdufe, London, the 14th Day of May 1751.
U^.B. Surveyor.
H. S. Landwaiter.
Jurat. I. F. that the Contents of the abovementioned Certificate are true.
•^ y.F.
'the Endorfement, with a fuppofed Sum for a trut one.
One Moiety of the old Subfidy, three Pounds ten Shillings
and nine Pence Farthing.
New Subfidy, feven Pounds one Shilling and Six*pcnce three
Farthings.
The third Subfidy, two Pounds feven Shillings and two Pence
Farthing.
Additional Duty, three Pounds ten Shillings and nine Pence
three Farthings.
16. 10. 4.
N. B. This Over-Entry will be paid in Courfe, though it is fometimcs two,
three, or more Months firft.
The fuhfejuent is an Account of the Duties which may ie bonded, and when fayahk.
Additional Duty on Linen and Silk may be bonded for twelve Months.
Ditto, on Tobacco and Wine, for nine Months.
New Subfi^ on Tobacco, for three Months.
Y Subjidy on Tobacco, for nine Months.
imtoji on ditto, for eighteen Months.
Ditto on Wine, at three eoual Payments, viz. j payable at three Months, •—
at fix Months, and -^ at nine Months.
Impoft 1 690, Impofition 1 69 \, and New Duty on Whale-Fins at four equal
Payments, viz. 7 payable at three Months, -^ payable at fix Months, -^ payable
at nine Months, and 7- payable at twelve Months.
New Duty on Raifins, Nutmegs, Cinnamon, Cloves, Mace, and SnufiF, may
be bonded for twelve Months.
The Duties on Coals, &c. Coaftwife, may be bonded for three Klonths.
Time allowed to export by Certificate.
The Merchants are allowed, for their fhipping off Tobacco, Sugar, Ginger,
Pepper, Bugles alias Beads, Caft and Bar Iron, dymg Wood, all dying Wares and
Drugs, eighteen Months to Britifh, and fifteen Months to Aliens, to have their
Drawback ; and all other Goods, twelve Months to Britifh, and nine Months to *: '• "^ '•
Aliens.
Amber Beads, rough Amber, Coral Beads, and polifhed Coral, and all Cowries, ♦f*' s*'«»^
may draw back the Impoft 169-^' exported in three Years.
Goods on which no Drawback is allowed.
Mum, by i IV. and M. Cordage, 6 Ann. Hops, 9 Ann. Tobacco, exported in
Ships under twenty Tons Burthen, 9 Ann. Tobacco, exported to Ireland, until a
Certificate be produced of its being landed there, 9 ^nn. Alamedes tndLiiArings,
in d 9 fFill 111.
5B
Since
I; V ,i'i-
SvtJTf
■^'iM
Wi
■^.r:
I' •■ :'- ■'-•', ■' ' ' 'T' 1
v-: y;t
:::X:m :?:■
370
)0 Gn. II.
»■• 3«>7-
p. jo».
rir*?"
p. 309.
p. Jto.
0/ CUSTOMS, &c.
Since the Commqacement of the prefent War, an ASt paflcd* 30 Ge». II. the
Preamble to which recites, That the Duties granted by an Adt of 7 & 8 fyi//.
III. upon Frtncb Wines, and other Goods, of the Growth, Produ£l, or Mann-
figure of FroHcf, as well as (everal other Duties upon various Goods imported
into this Kingdom, are by Law not to be drawn back upon the Re-exportation
thereof into Foceign Parts: And that as f '^ Duties have been found, in fcvcrul
Inftances, to be equal to the Value of the Goods taken as Prize from the French,
the Captors have thereby fo far loft the Benefit of their Prizes t and have there-
fore often been induced to carry their Prizes diredlly to Forcigji Parts, to the
Prejudice of this Kingdom ; and that it is therefore enaAed, That any Goods of
the Growth, Produ^, or Manufadlure of France, or any of the Dominions be-
longing to the Crown of France, that have been, or (hall be taken, during the
prefent War, and brought hither by any of his Majefty's Ships of War, or Pri-
vateers, may, upon Condemnation thereof as lawful Prize, be landed, and fc-
cured under the King's Locks in Warehoufes provided at the Expence of the
Captors, with the Approbation, and under the Inrpc<£tion, of the CummiiTioners,
or other Principal Officers of the Cuftoms and Excife, to which fuch Goods are
liable} and upon AdmiHion of fuch Goods taken fince the Declaration of War,
into fuch Warehoufes, there Ihall be paid the following Duties, which (hall
not be drawn back or repaid upon the Exportation i viz: For all fuch Good.;
(except Wines and Vinegar, and fuch Goods as arc herein after enumerated) of
the Growth, Produdt, or ManufaAure of France, or any of the Dominions be-
longing to the Crown of France, taken by any of His Majefty's Ships of War,
theHJf ofthe Old Subfidy granted by the Aft of Tonnage and Poundage, of
1 2 Car. II. and the Whole of the further Subfidy of Poun^ee, granted bv the
Adl of 21 Geo. II. being what is commonly called, 'the Subfiay one thouj'andleixn
hundred and forty feven \ and for the like Goods taken by any private Ship of
War, the Half of the faid Old Subfidy, and no more ; and the faiJ Duties to be
paid, and applied, as they are by Law appropriated, but fubjedl to the cufto-
mary and legal Difcounts, and Allowances, for Damage ; and for every Ton of
French Wine and French Vinegar, taken cither by His Majefty's Ships of War,
or Privateers, the Sum of Three Pounds t and after the lame Kate for any greater
or leffer Quantity; to be paid into the Exchequer, as Part of the Duties arifing
by the Aft of 1 8 Geo. II. for granting to His Majejiy feveral additional Duticj upon
ail fFinei imported into Great Britain ; and for raijing a certain Sum of Money by
Annuities and a Lottery, in Manner therein mentioned ; to be charged on the faid
additional Duties.
The faid Subfidies are to be paid ad Valorem, upon the Oath of the Captors
or their Agents, upon the following Goods ; viz. Upon all Sorts of Woollen and
Silk Manufactures, and Hats, Handkerchiefs, Checks, Knives, and Nails, not-
withftanding the fame may have been rated in the Book of Rates of 1 2 Car. II.
or the Additional Book of Rates of 1 1 Geo. I. and arc to be levied and collefted,
and to be under the fame Penalties and Forfeitures, as are direfted and pre-
fcribcd by the Adl of 1 1 Geo. I. for rating fuch unrated Goods and Merchandizes
as are ufualfy imported into this Kingdom, and pay Duty ad Valorem, upon the
Oath ^' the Importer ; and for ajcertaining the Value qf'all Goods and Merchandizes
not in^tedin the former or prefent Book of' Rates, &c.
No Duties or Cuftoms are to be taken for Prize Goods, confifting of any Mi-
litary or Ship Stores.
Prize Goods of the Growth, Produft, or Manufadtire of France, or any of
the Dominions belonging to the Crown of FraAff, wliich ftiall be received into
any Warehoufe, or which are now remaining in any Warehoufc in this King-
dom, where they have been fecured, under the King's Locks, by the Permif-
fion of the CommifTioners of the Cuftoms, may upon Payment of the Duties be-
fore dircfted, (if the fame have been taken fincc the Declaration of War) be ex-
ported diredly from thence, without paying an^ further Duty of Cuftoms or Ex-
cife for the fame j and if taken before the Declaration of War, they may be
exported without Payment of any Duty of Cuftoms or Excife vvhatfoever j the
Exporter giving Security in Double the Value of the Goods, that the fame ftiall
be exported, and not brought back again or rclanded in any Fart oi Great Britain,
I or
•I' V
Of CUSTOMS, ^f. 371
or the Iflands of Gutrnfty, Jffy' Aldtrnty, Sark, or hUn i which Security the
Cuftomer or CoUeAor of the Port from whence the fame are intended to be ex-
ported, it to to trke in Hit MajeAy't Name, and to hit Ufe.
But if fuch Good* are taken out of the Wurehoufe, to be confumed in this
Kingdom, the Remainder of the Dutiei which would have been payable thereon,
if the fame had been regularly imported by wav of Merchandile, are to be firfl
EJd up ( and fuch Goods, in all other RefpeOs, are to be liable to the fame
eftrittions and Regulations to which they would have been fubjed, if this Adt
had not been made.
But Wines which, at the Time of landing, (hall be damaged, corrupt, or
unmerchantable, and which (hall be ^iven up to the Officers of the Cuiloms,
to be publickly fold, in order to be diftilled mto Brandy, or to be made into
Vinegar, in Manner dire^cd by the AA, of 1 2 Geo. I. for tbt Improvtmtnt ef
his Majeflys Rfvtnues of Cuftomt, Excife, and Inland Duties, are not chargeable
with the before-mentioned Duty of 3/. per Ton.
The Duties payable upon Goods of the Growth, Produdl, or Manufacture, p tii.
of any other Country or Place, except France and the Dominions belonging to
the Crown of France, which may t>c taken as Prize, and condemned in this
Kingdom, are no ways leflened or altered by this A£t.
Almoft all Goods and Mcrchandife imported, pay Duties, and are to be de-
livered either by Tale, fFeigbt, Meafure, or Gau^
Thofe which pay Duty by Tale, are, at the Delivery, to be tallied at one,
ten, twenty, (Sc. according to the Nature of themj and as the Merchant can-
not (generally) have any Pretence for a (hort Entry in Goods by Tale, therefore
it is (uppofed that (in Stridnefs) no PoA-Entry (hould be admitted of.
The Goods paying Duties by Weight, arc to be brought to the King's Beam,
and weighed, in order to adiuft the true Quantity for which his Majefty's
Duties ought to be paid ; for, m Confideration of the different Proportion which
foreign Weights bear to the Britijb, the Wafte, &c. which may happen
during the Voyage, and the Draughts and Tares to be allowed on the Landing,
it cannot be expcdted that a perfedt Entry can be made at firft ; but to enable
the Merchant to make the neareft Eftimate of the true nett Weight to be en-
tered, he will be furnithed in the Progrefs of this Work with a Table of the
Proportion which all foreign Weights bear with ours, and alfo with the par-
ticular Draughts, '^ares, &c. on all Goods imported ; abftraded from Mr.
Croucb'i Account of them.
At landing the Goods, the Weigher is to call out the full and true grofs
Weights in the Scale which the Landwaiters (and Ship's Hulband) are to enter
in their Books (and Oiould cheque with one another every Day) and from the
Total of the faid grofs Weight, is to be deduAed an Allowance in Con-
fideration of
':ffy
.»' ' •...*;?,
i' .'■iC'-J
4' Ml
■ !;.f 1 5 'I
il ,.'.V-.» ■■■■
Draught, according to the following rcfpedlive Weights, vi*.
■*-i:'
On all Goods imported, weighing under i Cw/.
From I to a
2 to 3
3toio
loto 18
181030 or upwards
tJ». Dra.
a
%
4
7
9
■«-'>k^
Except Tobacco of the Britifli Plantations, which is to be allowed eight 9 Qh. c^l
Pounds Draught only for every Hogfhead of 350 /4. or upwards. •'•• ^- 'J-
Thefe Allowances for Draughts, the Landwaiters may (when they are very
different) infert in their Books, oppofite to each refpedive Draught j or (whea
they are not very different) compute the fame, by counting the Number of the
Draughts at each feparate Allowance.
The Allowance for Draught being dcduded, there is (in moft Cafes) a far-
ther Allowance to be made out of the remaining Weight, called
Tars,
^
"V; ■
. . ■*
•
^^k
■ -t
v*-
1
!■-; r/ i
*.* i:
-
..-,;:.
■^■r
' ' ^."
u
-:
i"' .
. ■ '■ ;
'h
M
.:**<
^.^■^•■■<'-M
' i'\'. Af
i^r :
4« .
B'
Sy'i 0/ C U S T O M S, ^c.
TaAA, being a ConCderation of the outfide Package that contains Aich
Goodt which cannot he unpacked without Detriment t or for the Papcri.
Threads, Bandi, &c. that indofe or bind any Goods' which arc imported lo<jfej
or, though imported in Calki. ChcAs, &c. yet can be unpacked and weighed
nett.
Several Sorts of Goodt have their Tares afcertained, and thofe Tares are not
to be altered or deviated from, in any Cafe within the Port of London, unlcft
the Merchant thinking himfelf, or tne Officers the Crown, to he prejudiced
by fuch Tares, fliall defire that the Goods may be unpacked, and the nett
weight taken j which may be done either by weighing the Goods in each rc-
rpcAtve Caflc, CSc. nett, or (as is pradtifed in Eafl-Indiii Goods particularly) bv
picking out fevcral Calks, (Sc. of each Size, and making an Average, and (u
compute the reft accordingly. But this mufl not be done without tlic Cohfent
of two Land-Surveyors, attefted by their Hands in the Landwaiter's Books ;
and in the Out-Ports, not without the Confent of the Colledtor and Surveyor :
And u to thofe Goods which have not their Turei afcertained, two Lnnd-
Surveyors in London, and the CoIIeftor and Surveyor in the Out-Ports, are to
adjuft and allow the fame in the like Manner.
Sometimes the Caflcs, Gfr . are weighed beyond Sea before the Goods are nut
in, and the Weight of each rcfpeflive Caflc, Gfr . marked thcrcoti, (as is uliial
for moft Goods imported from the Britijh Plantations) or clfc iiifertcd in the
Merchant's Invoice ; in which Cafe, if the real Invoice be produced, .ind the
Officers have fatisiied themfelves (by unpacking and weighing fome of them)
that thofe Weights are juft and true, they do then, after having reduced them
to Britijh Weijpit, (if not fo before) eftcem them to be the real 7<»/-i7, and pafs
them accordinglyj though fometimes the Tares on the Cafk, &<-. are wholly
difregarded, and the real ?<ir<'/ taken.
But the unpacking Goods, and taking the nett Weight, being fuppofed the
iufteft Method, both for the Crown and Merchant, it is ufually pradtifed in the
*ort of London, in all Cafes where it can be done with Conveniency, and with-
out Detriment to the Goods.
Goods delivered by Mea/ure, are under three different Regulations :
1. Such as Linens particularly; which are meafured by running Meafure,
being no more than taking the Length of the Piece from one End to the
other.
And as in the Holland, Flanders, and fome Sorts of German Linens, the Con-
tents in Britijh Ells are often annexed to, or marked on each Piece, and like-
wife inferted in the Merchant's Invoice j therefore there will not be any Diffi-
culty in making a perfcd Entry : So that no PoA-Entry will be admitted in
this Cafe.
And for fuch Linens as are contented in foreign Meafures, the Table, which
will hereafter be inferted, proportioning them to the EngliJJ}, will enable the
Merchant readily to find their Contents in Britijh Yards or Ells, according as
the Nature of the Entty (hall require.
But thofe Gtrman, or Eaft-Country Linens, which are not contented, by
reafon the feveral Pieces of each refpe<^ive Sort arc generally about the fame
certain Lengths, rnay be entered, by computing the whole Quantity at fuch
ufual Lengths, and delivered by the Officers, by mealiiring fome of the Pieces,
and computing the reft accordingly.
2. Such as PiAures, Grave and Paving Stones, and Marble Tables particu-
larly, which are meafured by fquare and fuperficial Feet.
3. Such as Marble Blocks, and Timber particularly, which are meafured by
folid or cubical Meafure.
Goods delivered by Gauge, are Wines, (3c. and all excifeable Liquors,
whofe Quantity to be entered may be pretty nearly determined by confidering
the Size of the Calks, and what accidental Leakage, or other Diminution, may
have happened during the Voyage.
Before any Goods arc delivered by Virtue of any Warrant, the fame muft be
copied into the Landwaiter's Books, as a Foundation for the Delivery, diftin-
guiftiing the Date and Number of the Entry, the Merchant's Name, the total
Duties
0/ C U S T M S, QS^t. >
butiei paid, the pstkular Packtget, with the Mirki, Niunbcn, and Qtun'
tilisiM the Goods, .jr which the Uutiei have been paid.
And at the Delivery of the Goodi. underneath the Taid Copy of the Warranty
muft be infcrted the particular Manner of the Delivery, ai the Tale, Weight,
MouTure or Gaoge, with the rcTpeftive Allowance* for Draught and Tare
(where the fame arc to be allowedy from the Total, whereof the Q^tlty ^rft
entered being deduAed* the Remainder ia the Quantity, for which a PoA or
additional Entry is to be madej and when the (ainc is made, the Date and
Number of fuch Entry muft be inferted, (oppofite to the (aid fliort Entry) as
will be illuftrated by throe or four Examples annexed.
In making Entries it is uTual for Merchants to include all the Goods they
have on board the fame Ship in one, though fometimes they may happen to b«
of twenty feveral Denominations, or more i and as it is cnaAed by 12 Car. II«
Cap. 4. Sta, 4. (to which fubfequent Ads have had Reference) That if any
Goods, or Merchandizes, be brought from Parts beyond the Seas into this
Realm, by way of Merchandize, and unshipped to be laid on Land, the Sub-
fidy, Cuftoms, and other Duties thereof, not paid, or tendered to the Col-
leaor, &c. nor agreed with for the iame iM the Cuflomhoufe, then the
faid Gooda and Merchandizes (hall be forfeited j therefore there was fome
Years ago a Refolution of the Court of Exchequer, that, to admit of Poft of
additional Entries, where Goods are ihort entered, (the Goods To flion entered
being laid on Land before Payment of Duly) is a Matter of Favour and In-
dulgence, to prevent fuch Goods from Forfeiture { and though, in Goods dc*
livered by Weight and Gauge, it is almod impofTible to make a perfeA Entry
before Landing, yet in Goods delivered by Tale and Meafure there cannot b«
any Excufe or Pretence for a (hort Entry, and therefore (as has been before
remarked) it ought not to be allowed.
373
^l"^| ' ■
t^-'l
liquors,
tlidcring
Ion, may
uift be
diftin-
le total
Duties
ExtUnptes of the Examiiiation OndDelivtry tffireigH Gttds imported.
tati oi December, 1751, N». 45. l^Uti of December, 1751, N*. jr."
Betijamm James £ 10 la a-y John Simt £ 00 6.
B.L N°. laio Ten Cafks, contiining i.S. K*. laj
C. 50 o o of Allum.
N*.
I
a
3
4
I
I
9
10
Delivered
Entered
Short
6 o 10
6 3 14
5 3 '7
o 13
5 3 24
I 12
632
600
608
6 I 18
62 2 6
I 12 Draught
60 o 22
6 I 22 Tare at lalb.
— — per Cent,
S3 3 o
50 o o
3 3
Pofted 8th Dtctmber, N*. 18.
I.S. N». 183. ")
R.V. N«. caS. \ '
K.O.N'. 3.7.9.) *°
o Caflcs qt.
00 C. of Argol.
I.S. N\ 2
3
R.V. 7
I
6
K.O; 8
7
■3
12
3
H
la
«4
»3
2
7
»3
I
12
»3
3
18
-
">,
II
»3
li
'3-
3
3
2
26
ItJni
.V,
10 128 o 27
10 at 71b. o i 14 Drtilght*..
• ■] ^r-i\
Dekvered
Entered.
Short
137 213
15 3 22 Tare at 141b,
' per Cent*
100, to.. •. / • ^ .
II 2 19
Pofted &e 17th Dtcmitr, N*. ;.
fl^^l
i
./'
.. M
n
i'.
{#■'
km--
If
C V
S T O
374 0/
i5th7MMrx» 1751, N*. 10.
CmgeCbaft ^ic 8 6-f
O.C. M*. iaio>«io doub. ScroMcont.
45 C. of Btfilh.
C. qr. lb.
K". I 518
rr.
r. 175 »•
I
3
4
J
i
9
10
♦"•■
le
5
4
4
5
5
5
5
J
18
■7
10
at
ao
'7
»5
J
M S,
I «th y mmmy, 1751, N*. 7. ux^
Rtitrt AtUy £1 1 3 t -ij-
R. A. N*'. uio— ioSaclu,coM.a9
C. Wood Alhet.
C. qr. lb.
a a I
• I aa
a I
a (
a I 19
a a 6
a I a6
2 I 15
Nm
i
3
4
i
I
9
10
\t
54
o
a la
I I a Drau^t
54 I o
3 o a4 Tare at 361b. etch
10 a4 a 8
I oat 3 lb. o I a Draught
Delivered
Entered
Short
5>
a4 I 6
o a a4Tare tth./frSiHl
4
o
4
Delivered
xsntered
«3 «
ao o
10
o
Ported 24th of January, N«. 5. Short
Tare thirty-Ax Pounds/<r double Seron.
3 a 10
A; «; } surveyor.. ^'^^ Mofjanuary, N». 9,
Note, It is fomfltiiliei imported in Hnglet
and fometimet in treble Seioni of about qniiwiln
the fame Wcfehi ... - . n
And the Draitgbts being noted, . I (hall now give (as promlTcd) an Aifpha«
betical Accouqt pf ths Taret, as they are allowed at the CuAqmhoufe cf London,
A.
AUom, in CafkSi Tare 1 2 per Cent.
>^», called I^ut-Art^^t i^ per Cent.
Annotto, in Chfifts of about jSolbf 4otb. ^trCheft.
AJbej, called W^ed Afhes. Tare 9Ib. /rrSack.
Argel, in Cailu^ ' 1 4 /^f Cenf.
-, o
B.
Barilla, in double Serons, 361b. per Seron. ' ■
Battei»/i .bkftt^ ^pirGtnf, ■■ ""■
BeaJf, vocat. G w tl De ads, in Cafes, if covered with Rags, ^ per Cent, for
Strings, Paper>' aadltags j but if not covered AVith Rag»> then only 2 per Cent,
Bf*iifftoti$, iaCaOis, Jiic S\h. per Cent. - —
Br^//rt, ii>Fat»«bout5Cwt. Tare8j.lb. T. i> cmvlba
Ditto, undreft ifi'Caikti ij}^- ptf'Oiit. ° '^ °<.
Bugle, great, iipCadcS, 5 D?. !' > '• '" ' — —
LrisJii.'i
<.''
3-1
0«i'^»
^^0l\■\
: -' ."vV.vv AT lijS b^Aal
C^/m;;^^^^/, ul^;uT<l^i9£fibpntf^,f^thC. Tare at 301b. each.
Capers; in Calks, Tare i-\d.
C^JifHeal, in Chefts covered!^ with Skins,;ccy)taining about i i-half C. Tare co lb.
Cocbmeal,
^:ji%
'iii«:
Of CUSTOMS, 0>f .
StcUmJ, in Btfrdt. ibont i t-hilf C. Tore 36.
But ii ow ufually imoorted in fuch Package.
Ditto, in about tooib. each, Tare i8tb. ^Bale.
Ditto* in Seroi \ of about t C. each. Tare 241b. p«r Seron.
Ditto, in Ca/ki of about a5olb. each. Tare 421b. each.
Caco* Nuts, in QoOu, tared according to their Weisht.
Offti, inBaiea, from huHa, of about 2 i-hiifC. Tare i81b. /<r Bale.
Ditto, in Bale*, from Turkey, of about 3 C. Tare 1 jib. ptr Bale.
Copptr, in Fattt Tare 81b. ftr Cent, but never fo imported.
CofptT'Ort, in Caflcs of near 2 C. each, Tare a lib. per Calk.
Copptrat, grttn, in Calkt of about 10 i-half C. Tare 10 per Cent*
Ctwrkt, in Bags, of about i i-halfC. Tare 61b. /rr Bag.
37S
DRUGS,
jitott Succotrina, inChefti, about 3 1 -half C. Tare 8olb.
Ditto, in Chefts, of about 2 i-half C. Tare 551b. /rr Cheft for Chefti, and
\ofer Cent, for Bladder*.
Ditto Epatica, in Gunny, about too. Tare 81b. about 2 or 300, Tare 141b.
But in Goods from the Brittjb Plantations, the prefent uAial Allowance for Taro
is I -5th Part.
Ditto, not of the Growdi, in CheAs, Tare as on the Chefts, and 20 per Cent,
for Leathers.
Antimeny, in Caflcs, Tare 61b. per Cent.
Areentum Sublimatum, or (^icklilvcr, about 1 i-4th, of l I -half C. in Boxes,
Barrels, and Leather, Tare 361b. in Barteh Tare 141b.
Affa Fatida, in Bafkets, about i-4th Cwt. Tare 31b. ^ Balkct.
Ditto, in Cherts from jbuiia. Tare eolb. /«r Cheft.
Bar/ey hulled, or Pearl Barley, in Caiks of about 4 i -hllf C. Tare at ^jlb. per
Caflc, when they do not come tared, or if difcy do, (hen the Tare that it on
them.
B4<Uium, in Chert; of about 3 i-half C. from India, Tafe 6oIb. per Cheft.
Benjamin, in D*. «boot 3 i-halfC. Taregolb.
Ill Gunny, about too wt. Tare 81b. about if and 300 wt. Tare 14I6.
Bole, ;n Caflcs, Tare 8Ib. /«r C.
Camphire, in Tbbs, about t-half or 3-4th» of an loO, Tare i81b. but feldom
imported unlefs refined in fmall Quantitiea from HoUanJ.
Carekmomt, in Bales, about 200 wt. Tare i4lb^
Carra^ay Seei&, in Canvas fifties, about 300 «rt. Tare lolb. but are Harce
ever imported.
CaJ^a Fi/luJa, in Caflcs, Tare ai on the Caflcs.
CaJ^ Li^nea, itt Chcfts, about 2 C. Tare ^{f lb. pet Chtft.
Oiffa Alinfa, in Bags, of about i C Tare 41b. each.
Cmah-fun, or Venk^im, in Tubs, abo-t % i-half huod. l^are 3' lb. But the
OflScers, havitig been diflatisfied witli the above Allowance, have on fome
Odcafions tarea the Tubs, and found them on an Averaj^e only to deferve 24 lb.
Coculm India, in Bags, about i C. Tare 81b. per Bag.
Cohquintida, in Cherts, Tare i-cth Part.
Ditto, in Bales, of about 3 i-half C. Tare at 30 lb. per Bale.
Coral, unpoliflicd, in Cafes, Tare as on them.
Cortex Peruvianus, or Jf/uits Bark, in Serons, about i C. Tare at 141b. per
Seron.
CrcantofTr.rtat, in Caflcs, Tare taken from the Merchant's Invoice, not being
marked on tRe Carfks.
Ctihch, in Bags, Tare 41b.
Cummin SaJj, in Sacks, about 2 i-half C. Tare it 1 2 lb. eatih.
Dia^cdium, or Scamony, in Chcfts, about 3 i-half C. Tire yo\h. per Chert.
Diagrediu/n,
■■'f
376 0/ C U S T O M S, ^c.
Diagredium, net of the Growth* in Chefts, about 2 C. Tare (it 80 lb. /^ Cfacfti
and II per Cent, for Boots.
Fennel Seeds, in Bales, about 3 r-4th C. fare 1 2 lb. Arr Bait.
^ Fechia Brugiata,in Units, 9\iO\it II C. Tuc i^ per Ont,
Ca/anga, in Bales, about i C. Tare lolh. per Bile.
Green Cin^if, in Jars, about 100 wt. Tare 281b.
Gum Araiick, in Sacks, about 3C. Tare io\h. ptr Sack.
Gum Elcmit rxcord^ng to the prefent Pradice, has an Allowance (befidet for tho
outward Package) of 12 per Cent, for the Shavings that it is wrapt in.
C»». .^nd <ieedLack, in Gunny, about i hund. Tare 7 lb. 2 or 3 hund. 141b.
SMlack, in Chefts from India, Tare as Che(ts weigh.
Sticklack, in Chefts from dittu, about 2 3-^tht C4 Tare from 100 to 1 10 lb. each<
Ditto, in Bags, about t C. Tare 5 lb. each.
Incenfe, or Olibanum, in Gunny, 2 or 3 hund. wt. Tare 141b. i hundiWt.
Tare 8 lb.
"Ditto, from India, in Chefts, about 5 C. tared from 104 to ii2lb. each.
IJnfhfs in Fats, about 3 i -half or 4 hund. wt. Tare 841b.
Jujubes, in Fats, Tare ib\\i. per Cent.
Juniper Berries, Italian, of the Growth, io Calks, Tare as on them.
Ditto, Dutci, of the Growth, in Caflcs, about 3 C. Tare at 70 lb./<r Cafk.
Manna, of the Growth, in Chefts, about i i-4th C. Tare 50 lb. each.
Myrrba, in Chefts, from 7 i-half to 4 hund. vt. Tare 92 lb.
Diilo, from India, in Chefts, about 5 0. Tare y^Vo.per Cheft.
Pester, Long, from India, injiT'^s, about i C. 'r?rc 8lb. /r Bag.
Ptjaciia's, or Nux Pijacbiat of the Growth,, in Chct'^t, about 2 i-half C. Tars
1 1 o lb. each.
Pitch, called Burgufdy Pitch, in Stands, about 2 3-'4ths C< Tan 56 lb. but now
not ufuallv t!r.portrd.
Trunelhts, in Boxes, about 141b. wt. Tare 3 Vo.per Box.
Rhubarb, Turkip, of the Growth, In Bales, about 2 3-4ths C. tared as they
weigh, about 81 i-half lb. each.
Ditto, RuJJia, of the Growth, in Calks, tared as upon them.
Sal Atntnoniack, in Calks, from Itafy, Tare as upon them.
Sarfaparilla, of the Growth, in Bales, about i C. Tare 5 Xh.per Bale.
Tamarinds, from India, in Calks and Jars, tai-ed as weighed.
Tincdl, in Duppers, about i or i-4th C. Tare 16 lb. about i i-half C. Tare 2olb.
Turmerick, 'mC\xnny, about i i-half C. Tare 141b. i C. lolb.
^ Ditto, in' Bags, from India, about 3-4ths C. Tare 6 lb. per Bag.
Verdigretife, in Leather, about i-4tli C. and 141b. Tare 3 lb. But is not now
ufually fo imported.
Ditto, in Calks, about 6 i-4th C. Tare 651b. each. , ,f :;
Vitriolum Romanum, .in Duppers, about 100 wt. Tare I4ll>; .^iit not ufually %
imported.
£)/>/o, in Chefts of about 3 C. Tare 551b. /<T Cheft.
Zedoaria, bom India, in Chefts, ^ut 5 i-half C. I'are as weighed.
Note, There are s>4iiiy other Sorts of Drugs ujisaln imported into the Port ef^
London, vihich "re here purpofefy omitted, as the Method of their Delivery, is
the fame witb thefeveral F^xamples before given, which had not their Tares
afcertained by the Table.
F.
Feathers, in Bags, Tare ^Xh.per Cent.
Flax undreft. Tare 4 lb. per Bobbin.
Note, This Tare is for the Bands round the Bobbins j and when theft are covered
•with Ma.s, then there is ujualfy allowed for Tare 6 or 8 lb. per Bobbin.
Flax undreft, in Bales or Bags, about 4 i-half C. Tare 6 lb. each.
Fruit, ia Bafkets, vide Grocery.
i GalU
•\»;
Of CUSTOMS, e^r.
'hn
s not now
Calli from Al^>p« and Smyrna, it double Bags, Tare 7 lb. each, in fingle ditto
41b. cich.
Grains of Guinea, in Ca/ks, containing about 5 C. Tare as on the Ca/ks.
GROCERY.
Atmonii, in Cafks, Tare i^fer Cent. In Bags, 41b. ter Bag. In Serons and
Bags about 200 wt. Tare 18 lb. and fo proportionablv.
Note, When jUnands are imported in the Sbelh, it is fee PraSlice, in the Port of
Amiifeeds, in Serons and Bags, about ^ 3.-4tht hund. Tare 18 )b. 3 i -half ditto
with Felts, 2olb. 3 i-half ditto without Felts, 141b. In Bales about 7 C.
42 lb. In Cafks from Holland about 7 i-half '^. Tare as on them.
Cinnamon, in Gunny, about 3-4th$ or i C. Tare i2lb. In Skins, faid wt. 141b.
In Skins and Bags, 16 lb.
Cloves, in Carotcels, about 4 i -half C. Tare 70 lb.
But are fMietimet pajfed according to the Dutch Tares, marked on the Cafks,
though ufualhf the real tares are taken by emptying the Cafks and taking their
Weights.
Currants, in Buts and Caroteels, Tare 16 lb. per Cent. In quarter Roll, 20 lb.
per ditto. In Bags about 400 wt. 10 lb. per Bag.
Figs, in Barrels, Tare 141b. ^^ Cent. In Bafkets about 341b. 51b. each. In
Caiks about 4 3-4ths C. 16 per Cent.
Ginger, in Bags, about 921b. Tare 41b. ^»- Bag.
Mace, in Caroteels, about 300 wt. Tare 701b. But is ufually tared as Cloves.
Nutmegs, in Caroteels, about 6 or 7 hund. wt. Tare 70 lb. But is ufually tared
as Mice and C\oyes, which Jee.
Pepper, in Bags, about 300 wt. Tare 41b. ^ Bag.
Prunes, in Puncheons, or uncertain Cafks, Tare 141b. per Cent. But this Al-
hwance having by Experience been found to he infufficient, there is now, in the
Port e^London, ufiialfy aUowed abmt 20 lb. per Cent, for the Tare of the Cafks.
Raifins, in Baikcts, Tare 41b. each. In Fnuls, 6 lb. each. Lipra, in Barrels
about 100 wt. 141b. each. .Sc/u, in Cafks, iz per Cent. Though on Belva-
den and hiprz Rai/lns in Barrels, i^lh. has been allowed on the firfi, and \%Vo.
each on the loft, as they have beenfoundto tare as much upon an Average.
Rai/ins, from Smyrna, the prefent ufual Allowance for Tare is, for Fir Cafks,
1 2 lb. ^ Cent, for Oak Cafks, :41b. per Cent.
Sugar, from India, in Bales, Tare 361b. in Chefls i-5thPart, in Cafks i-6th
Partjin Caniflers i-8th Part, in Cafks St. Thome 1 -5th. Loaf Sugar in Cafks,
with Paper, Thread, and Straw, Tare i61b./^ Cent. But the prefent ufual
AUowancesfor Tare of Sugars from the Britifh Plantatians, are according to the
rejhe&roe Weights folhwmg, viz.
All fmall Cafks under 8 Cwt. Tare 141b. ; «r Cent.
Every Cafk from 8 to 1 2 C wt. Tare i C
From 12 to 15 C. 1 C. i q.
From 15 to 17 C. i C. 2 q.
Of 17 C. ana upwards i C. 3 f .
Ditto, Brown, from the Eaft Indies, in Cafks, about 4 i-half C. Tare 701b. per
Cafk.
H.
Hair, called Goatt Hair, in Canvas, Tare 41b. per Cent, in Hair Cloth, 7 lb.
per ditto.
Hemp, called Steel Hemp, in Fats, Tare 141b. ^ Cent. But now not ufually
ini(X)rted.
Hops, in Bags, Tate 41b. per Cent.
5 D bck
\ r-
3:
»o
M
h*.^
0/ C U S T O M S, ^f .
I.
Inc/e unwrougbt. The Skeins of that Sort of unwrought Incic, which is com-
inonly called Short Spinna/, ixre about half an Ell or upwards ii. Length; and
of that which is not called fo, about an Ell in Length.
When unwrought Incle is imported in Bales or Robins, the prefent ufual*
Allowance for Tare is, foreverv Bale or round Robin \\ cighing under 2 hund.
wt. 61b. for every ditto weigning above 2 hund. wt. 81b. But if imported
in Cafes or Chefts, it is weighed loofe, and therefore not any Allowance for
Tare.
Jncle wrought, being always weighed loofe, the Allowance of Tare is only for
the Papers that contain it, which according to the prefent Pradtice is 2 per
Cent.
Indico, in Chefts covered with Skins, about i 3-4ths C. Tare 48 lb. in Bales
with Skins, about i -half C. Tare 1 6 lb. But now not ufually fo imported.
Ditto, oi Britijh Plantations, in Caiks about i-half(o 2 C. Tare as on them.
Iron, old Buthel, in Ca/ks, about 1 3 hund. wt. Tare 1 07 lb. each.
K.
my
Kettle Fats, 8 lb. per Cent.
Latten, or Round Bottoms, in Fats, Tare 8 lb. Tare per Cent,
M.
Madder, in Bales, great and fmall, fingle and double Bags, Tare 28 !b.
In Fats, Tare lolb. per Cent.
Metal, prepared for Battery, the fame Tare as for Battery, which is 8 lb. per
Cent.
Mujlard Seed, in Bags about 2 C. Tare 2 lb. per Bag.
O.
Olives, if imported in large Ca/ks, muft be gauged; but In fmall Cafksor Jars
the Contents may be computed, and, according to the prefent Pradlice in the
Port oi London, nave an Allowance of i-3d Part in Confideration of the Li-
quor.
Oils, in certain Caiks, one in twenty allowed for Leakage ; under ten, none.
In Candy Barrels, Tare 29 lb. per Barrel.
In uncertain Caflcs, Tare 1 8 lb. per Cent.
Note, 7 i-half Pounds make a Gallon, atid 252 Gallons make ft Tort.
Though Oils of all Sorts pay Duty by Meafure, yet it is not the Practice to
gauge them, but if imported in uncertain Cafks, they are weighed, and the
groft Weights (after the Deductions of Draughts and Tare) are reduced to
Meafure, by accounting 7 i -half Pounds to the Gallon.
"train Oil, of the Br/V^ Plantations, in uncertain Cafks, is allowed i81b. /<t
Cent, but in certain Calks, as Barrels, it is the Pradlice o the Port of London
to allow CO lb. per Barrel Tare.
P.
Piemento, in Barrels, about 2 3-4ths C. Tare as on the Cafks.
Plat, vocat. Bermudas Plat, in Calks, about i i-half C. Tare as on the Cafks.
Rice, in Barrels, about 4 C. Tare as on the Cafks.
Safflorc, in Bales, about 6 C.
In Bajrs, from 2 to 3 C.
Sago, from /»..'. ., in Bags, about 941b.
Tare 841b.
16 lb. ^^T Bag.
3 lb. each.
Sdt
i/h «■
0/ C U S T O M S, ^r.
Salt Petre, in Caiks iz lb. per Cent.
In Gunny, about i i-4thC. i6 lb.
In treble Gunny from /«iu about i C. iq. 131b. 18 lb.
Shavings, for Hats, in Bags, about 8 C. 14 lb. each.
Sbumack, in Bags, about 3 i-half C. jo lb.
From 2 to 3 C. 8 lb.
About 7 C. . 14 lb.
Silk of Bologna, thrown, or Orgazine, in ftiort Bales, with Scarcloth, and Cotton
Wool, about 2 C. Tare 28 lb.
Therefore it is the PraStice in the Port ^London to allow i^Xb. per C.
for Tare.
In Long Bales, with Scarcloth and Cotton Wool, about 2 C. Tare 30 lb.
Of Piedmont, according to the PraSlice in the Port of London, has the fame
Allowance for Tare as Bologna.
Oi Naples, in Bales, with Searcloth, about 2 C. Tare 18 lb.
therefore it is the PraSlice in the Port o/" London, to allow 9 lb.
per 100 \b.for Tare.
In Fangots, with Searcloth, about i i-halfC. Tare 141b.
And fo downwards proportionably.
Of Jlf^Atf, in Bales, double Canvas, thrown, and raw, about 2 C. 10
In Bales, with Scarcloth and Cotton Wool, about 2 C. 22
Therefore it is the PraEtice in the Port o/"London, to allow 1 1 lb.
per loolb.yir Tare.
Silk raw—xhc Pound to contain 24 oz.
Great Pounds o^ 24 oz. into Pounds of 16 oz. add i half Part.
Pounds of 16 oz. into great Pounds of 240Z. fubftradt i-3d Part.
Oi Aleppo, in long Bales, with Cotton Wool, about 3 i-4thC. and downwards
to 2 3-4thsC. Tare 321b.
In Fangots, with Cotton Wool, about 2 i-4th, or 2 i-halfC.
About I 3-4ths, or 2 C.
About I i-4th, or i i-half C.
Ardas Silk, in (hort Bales, with Cotton Wool, from 3 i-4th
to 2 3-4ths C.
Of Mfjina, vide Silk thrown
Of Perfia, in Bales of 1 i-4th C.
Of Smyrna and Cyprus, about 3 C. and upwards
DoVtrnwards to 2 C.
from 2 C.
Of Bologna and Piedmont, according to the Pradtice of the Port of London, has
the fame Allowance for Tare, as thrown Silk of Bo-
logna, that is 1 4 lb. per 1 1 2 lb.
Silk Nubst or Huflis, the Pound to contain 2 1 oz.
To reduce Pounds of 21 oz. to Pounds of 16 oz. add i-^th more i-4tli
of that.
Pounds of :6 oz. to Pounds cf^i oz.fubJiraSi {■,, or mul-
tiply hy 1 6, and divide by 21.
In Bales, about 2 i-4thC. Tare 241b. each.
Silks wrought, in Cafes, about i 3-4ti?s C. from Holland. lb. oz.
30 ps. — for Papers and Packthreads at 6 oz. per ps. 1 1 a
Tared 1 8 ps. — for Paftboards, Papers, and Packthreads at Ditto 6 1 2
6 ps. — for Boards, Papers, and Packthreads, 8 oz. per ps. 3 o
^79
24
20
18
ao
16
»4
12
I t'
Tare 21 o
IVrougbt Silks are never examined on the Keys, hut always fent to the Ware-
houfe.
Smalts, or Powder Blue, in Cafks, about 4 C. Tare 10 per Cent.
Snuff, Britijh Plantation, in Barrels, about 2 C. Tare as on the Cafks.
Ditto, from the Havana, in Serons and Bags, Tare as weigh.
Soap,
38o 0/ C U S T O M S, ^c.
So4^, called Cafiilt Soap, in double Serons, about 3 C. Tare 30 lb.
In fingle Serons, about 7 C. Tare 16 lb.
tn Chefts about 2 i -halt or % C. Tare 40 lb.
D1//0, called ttalioh hard Soap, in Chefts, about i i-nalf C. Tare 30 lb.
Succads, in Chefts, about i i-half C. Tare 40 lb.
But the prefent uiual Allowance for Tare is i-3d Part.
I>i/
0-
Tallow, from Rujia and Ireland, in Cafks, Tare xa lb. ptr Cent.
Tea, from India, in Chefts, Tubs, and Bafkets, Tare as they weigh.
Thread, called black and brown, or Bridges Outnal, to have an Allowance of
6 ptr Cent, for want of Weig*-*.
Whited brown, ditto.
Sifter's Thread to have no Allowance (that is) if imported in certain Papers,
as Pounds, half Pounds, &c. for then the Papers of each feparate Size are
to be counted, and pafled according to their refpeAive Weights.
But if imported in uncertain Papers, they are weighed loofe, and according to '
the prefent Prance, have an Allowance of 1 2 per Cent, for the faid Papers.
Tobacco, Barbadoes, in Rolls upon Sticks, about i-4thC. Tare about 6 lb. /ir
Stick.
B^rmiM^, in Chefts, 2olb. ^^rCM/.
In Cafks, about 3 C. 60 lb.
about 2 I -half C. downwards, to 2 and i i -3d C.
50 lb.
But Tobacco of the Britilh Plantations in Aoierica, nuy not be imported
otberwili than in Cajks, Cbefis, or Cafes, each abtnt two hundred wt.
10 and II W. III. Ctf^. 21.
Spanijh in Barrels, about 2 i-4th hund. -^— *>.~
D% in half Barrels, about I I -4th D*. — — ■ —
D% in Potaccoes, without Canvas ■— — — —
D*, in D*, covered with Canvas — — ■ —
D*, in I>, covered with Skins — — —— ■
Virginia, in Hogftieads, weighing under 300 wt. — — • —
D*, from 3 to 400 ■ — — • —
D% from 4 to 500 — — ■ 1 ■
D% 500 wt. and upwards ■' ■ —
But now the Hogjheads of yirginii and Marylind Tobacco are f ripped e^, and
the real Weight of the Tobacco taken.
And in Confimration of the Merchant's Charge, in opening, ftripping and making
up their Hogjbeads, after Samples have been drawn, they are to be allowed two Pounds
per Hogjhead, which is to be dtdu&edfrom the Foot of the Account.
Note, the damaged Tobacco, for which the Merchant refufet to pay Duty, muft
befeparatedfrom the Sound before it be weighed.
Tortoife Shell, in Boxes and Cafks, Tare as on them.
Turpentine, in Cafks, Tare i-eth Part.
Twtne, in Mats, about 2 i-halfC. Tare 91b. per Matt.
V.
Vermachiltf Pafte, in Cafes, about a i-4th C. Tare 80 lb. per Cafe.
W.
Wax, vocat. Bees Wax, in Cafks, about 10 C. Tare 841b. per Ca/k.
Whale-fins, of Britijh Plantation Fifhing, in Bundles, about i C. Tare 6 lb. per
Bundle.
Wool — Beaver Wool, in Hogfheads and Brizels, Tare 75 lb. in Crobies, Tare the
Cover, which is i-^d of the whole.
Cotton Wool, Tare 4lb. per Cent.
But if in Hair Bags from Turkey, the prefent ufual Allowance for Tare
is 20 lb. per Bag.
But if fcrewed wim Ropes from Cyprus, the Allowance for Tare is, per
particular Order, 7 lb. ter Cent.
Eftridge, Lambs, Poliflj Wool, Tare 41b. per Cent.
Wod,
281b.
18
14
16
26
^^
80
90
100
Of CUSTOMS,. Wc
IFotl^SpMiJb Wool in Bale*, for Cloth about 2 C. Tare 281b.
For Felts about 2 i-4th C. r'4lb.
Segovia Spanj/b, for Felts about s C. 151b.
Carmenian Wool, in Bales, about 3 C. (Vide Hair) 9 lb. each.
Wormfttds, from StmrtM, in Bales, with Felts, about 3 3-4th8C. Tare 241b.
From jiufp9t with Cotton Wool 24
381
Tare 28Ib-
43
28
Y.
iVff— Cable Yam, in Winch, from Ruffia,
Cotton Yarn, in Bales, from India, about ^ i-half C.
In Bags from Turkey, Tare 5lb per Cent.
From Aleppo, in Bales, with Cotton Wool
And fo downwards proportionablv.
From Smyrna, in Bales, with Felts, about 4 C. 28
Without Felts, about 4 C. 18
InFangots, without Felts, about i 3-4ths, or 2C. 14
1 i-halfC. I a
With Felts, Skins, and Cotton 16
Irifi Yarn, the Pack to contain 480 lb. wt.
Linen Yarn, in Fats, Tare 1 2 lb. ^*r C^»/.
Having fully treated, in the preceding Part of this Chapter, of the landing and
delivering foreign Goods, and under the Title of Ports, &c. mentioned thofe
allowed in all Parts of England for loading and landing of Goods, except Lon-
don, I ihall now fhew the Wharfs appropriated for this Purpofe there, and al(b
the Time allotted for tranfaAing this Sort of Bufincfs at the Keys, as was provi-
ded by a Commiffion iffucd out of the Exchequer, by which nis Majefhr was ^^ ^ ^
pleafed to allow the following Keys, Wharfs, &c. to be lawful ones, for the faq.
Lading or Landing of Goods, viz.
Brewer i-Key.
Cbefier'i-Kty.
Gaily-Key.
Wool-Dock.
Cujiamboufe-Key. The Stone Stairs on the Weft Side thereof are declared
not to be a Place for (hipping or landing of Goods.
Porter's-Key.
Bear-Kr».
Sabb's-Dock, excluding the Stairs there, which are declared to be no
lawful Place for fliipping or landing of Goods and Merchandize.
Wiggon't-Kty.
Toung's-Key.
Raipb's-Key.
Dice-Key, the Stairs there declared unlawful for (hipping or landing of
Goods or Merchandize.
Smart's-Key.
Somen' s-Key, the Stairs there declared no lawful Place for (hipping and
landing of Goods and Merchandize.
Lyon-Key.
Botolpb-Wbarf.
Haman's-Key,
Gaunt's-Kty, the Stairs on the Eaft Side declared unlawful for (hipping
or landing of any Goods, fSc.
CocK i-Key, one other Place betwixt Cock' s-Key and Frejh-Wbarf, call-
ed Part of Frejh-Wbarf, the Stairs are declared to be unlawful for
(hipping or landing of any Goods, Gfr.
FreJh-Wbarf.
Billingjj^ate, to be a common open Place for the landing or bringing in
of tifh. Salt, Viauals, or Fuel of all Sorts, and all native Materials
for building, and for Fruits, (all Manner of Grocery excepted) and
for carrying out of the fame, and for no other Wares or Merchandize.
' fm
'' t if.
"* !^' .'3
I'-^T
i-
<<■ y^:-
SE
Bridge-
»i.
\ -T,
384
0/ C U S T O M S,
c.
vr
9.^
Bridgc-Houji in Southwark is only allowed for landing of any Kind of
Corn for the City of London, and not upon any private or particular
Pcrfon's Account.
Thcfe are the Places for landing and loading, and the Time appointed for do-
ing it was fettled, by i Eliz. Cap. 1 1. S. a. to be only in the Day-Timc, viz.
from the firft of March till the laft of September, betwixt the Sun-Riiing and
Sun-Setting, and from the laft of September until the firft of March, between
Seven in the Morning and Four in the Afternoon, and upon a lawful Key.
But by the 1 3th Rule of the Book of Rates, the Mcrcnants in London are al-
lowed to unlade their Goods at ai^ of the lawful Keys and Places for landing
Goods, between the I'ower tf London and London-Bridge, between the Sun-Ri-
Hng and Sun-Setting, from the loth of September to the loth of March, and
between the Hours of^ of ».te Clock in the Morning and^x in the Evening,
from the Joth of March to the loth of September, giving Notice to the proper
OfHcers appointed to attend the lading and unlading of Goods i and fuch Offi-
cers as ftiaU refufe, upon due Calling, to be prefent, fliall forfeit for every De-
fault 5/.
It may be lawful for any Perfon to fliip or lade into any Ship or Veflel, on
the River of Thames, bound over Seas, Horfes, Coals, Beer, ordinary Stones
for building, Fiih taken by any of his Majefty's Subjedls, Corn or Grain, the
Duties being paid, and Cockets, and other lawful Warrants, duly pafled for
the fatue.
So likewife Deal Boards, Balks, and all Sorts of Mafts, and great Timber,
may be undiipped, and laid on Land, at any Place between Limehouj'e and Wefi-
mvifter, the Owners firft paying or compounding for the Cuftoms, and declaring
at what Place they will land uiem before he unftiips them i and upon Licence
had, and in the Prefence of an Officer, they may unlade them; othcrwife they
incur a Forfeiture.
Every Merchant making an Entry of Goods, either inwards or outwards,
fliall be dispatched in fuch Order as he cometh ; and if any Officer or his Clerk
fhall. cither for Favour or Reward, put any Merchant or his Servant, duly at-
tenc .z and making his Entries as aforcfaid, by his Turn, to draw any other
Reward or Gratuity from him than is limited in the AA of Tonnage and
Poundage, and the general Books of Values, if the Mafter Officer be found
faulty herein, he (hall, upon Complaint to the chief Officers of the Cuftom-
houfe, be ilrid^ly admonifticd of his Duty { but if the Clerk be found faulty
therein, he ihall, upon Complaint to the faid chief Officers, be prefently dif-
charged of his Service, and not permitted to fit any more in the Cuftotnhoufe.
Every Merchant (hall have Liberty to break Bulk in any Port, and to pay
Cuftom for no more than he fliall enter and land, provided that the Mafter of
fuch Ship make Declaration upon Oath, before two principal Officers of the
Port, of the Content of his Lading ; and fliall declare upon Oath, before the
Cuftomer, Collcdtor, Comptroller, or Surveyor, or two of them, at the next
Port where his Ship fliall arrive, the Quantity and Quality of the Goods landed
at the other Port, and to whom they did belong.
The Officers who fit above in the Cuftomhoufe of London, fliall attend their
fevcral Places from nine to twelve in the Forenoon, and one Officer or Clerk
fliall attend with the Book in the Afternoon, during fuch Time as the Officers
arv appointed to waitat the Water-fide : All other the Officers of the Out-Ports
fliall attend every Day in the Cuftomhoufe, between the Hours of nine and
twelve in the Morning, and two and four in the Afternoon.
The Officers of Gravefend, having Power to vifit any Ship outward bound,
fliall not without juftCaufe detain her, under Colour of Searching, above three
Tides, under Pain of Lofs of their Office, and rendering Damage to the Mer-
chant and Owner of the Ship. And the Officer in any of the Out-Ports fliall
• jiot without juft Caule detain any fuch Ship above one Tide, after the Ship is
fully laden and ready to fail, under Pain of Lofs of Office, and rendering
Damage.
4
Of
R ^
n ^
0/ C U S T O M S, ^c.
Of Entries Outwards.
When the Goods you intend to export are made up in the Packages yoa
think proper, whether in Bales, Bags, Boxes, Cafes, or in any other Manner,
you muft carry the true Contents to the Cuftomhoufe, by a Bill of Entry like
the following one, viz.
383
In the Mary, Jofeph Thomas, for Liibon.
7*. S. Two Cafes of Hats, viz.
N*. I qt. 90 Dozen.
2 18
r. s.
Cafes 2 108 Dc/en.
f. S. Two Trunks of Stockings.
N*. I qt. 82 Dozen.
2 32
Trunks 2 114 Dozen.
Of thefe Bills you muft write feven, and aA with them as directed for the
Bills Inwards ; and on having fatisfied the Cudoms, you will have a fmall Piece
of Parchment called a Cocket, which teftiiies your Payment thereof and all
Duties for fuch G oods ; and having marked and numbered your Goods, you
endorfe the fame on the Back of the Cocket and of your (hipping Bill, men-
tioning the true Contents of each Bale, &c. This Cocket and (hipping Bill you
n;uft give to the Searcher with his Fee j and after paying the Wharfage and
Porterage of your Goods, you may ftiip them ofFj and take Care that you re-
mind the Perfon who carries them on board, to bring you the Mate's Receipt
for them, which you deliver to the Captain when he figns your Bills of
Loading.
NOW ye.
T'ie Form of a Cocket.
that t. S. Ind. for 1 08 Dozen of Hats,
and 1 14 Dozen of /,v. or M.
fignifiei
■l^ Stockings, in the Mary, Jofepb Thomas Mafter, for Lijbon, paid all Duties. {'•«. fignifiei
Dated y/«fW? 3°' i7S'- . ^.tuuiborn
On the Back of the Cocket write the Marks, Numbers, and alfo the Quan-
tity of the Goods contained in the Cocket : Thus,
r. S.
N" I I Cafe qt. 90 Dozen of Hats.
2 I Cafe qt. 1 8 Dozen of Hats.
1 I Trunk qt. 82 Dozen of Hofe.
2 I Trunk qt. 32 Dozen of Hofe.
If fcveral Sorts of Goods arc exported at once, of which fome are free, and
others pay Cuftoms, the Exporter muft have two Cockets, and thercfort tiiuft
make two Entries, one for tne Goods that pay, and the other for thofe that do
not }iay, Cuftom.
But to export Goods by Certificate, which muft be foreign Goods formerly
imported, and 6h w'hich a Part of the Cuftoms paid on Importation is drawn
back, provided they arc exported in the TiiHe limited by Atfl of Parliament, it
is not hifficicnt only to mention the Marks, Numbers, and Contents, as com-
monly pradlifcd in the Entries outwards, but alfo the Name of the Ship in which
the Goods were irtiported, the Importer's Name, and Time of Entry inwards;
and make Oath, that the Entries for thofe Goods were paid, or fecured to be
paid, as the Law directs : After you have made an Entry in this Manner, you are
to carry it to the Collector and Comptroller, or their Deputies, who, after exa-
mining
IP
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384 0/ C U S T O M S, ^f.
mining their Bookt, will grant a Warrant (a Specimen of which U here annexed)
which muft be given to the Surveyor, Searcher, and Landwaitc, for thetn
to certify the Quantity of Goods j after which the Certificate muft be brought
back to the Collector and Comptroller, or their Deputies, and Oath made, that
the faid Goods are really <hipp«d, and not landed again in any Part of Grtat'
Britam. This done, they fet down, in Words at Length, on the Back of the De«
benture, and then in Figures on the fame Side, the Sum in each particular Part
of the Duties, and fubfcribe jointly to the whole. By Virtue of this Debenture,
the Exporter mnv, in one Month after the Ship's Departure from Great-Britain,
demand h'^D.^wback; and if the CoUedlor has not Monev in his Hands to
pay the Del)en';ure, he is to certify the fame on the Back of the Debenture, that
the Exporter mav have Recourfe to the Commiflloners, who are then to pay
him. Suppofetnatif. F. Merchant of London, exports 23 Dozen of Napkins,
Holland's making, and 232 Ells of Holland, which he imported before from
Amjltrdam ; he makes his Entry in the following Manner, viz.
Lomhi, Mty-j, 1751.
In tbt Goodfellow, Samuel Johnfon, for Barbadocs.
H. V.
H. y. One Box, containing twenty- three dozen of Napkins, Holland's ma-
king, and one Bundle, containing two hundred thirty-two Ells of Holland, im-
ported the 2oth of April laft, in the Dragon, of London, Samuel King Matter,
from Amjlerdam ; the Old Subfidy, New Subfidy, Third Subfidy, and additional
Duty, paid by the faid H. V. the 20th of April\^.
H. v.
The Colledlor and Comptroller, or their beputies, give a Warrant of the
fame Tenor, figned by them, and diredlcd to the Surveyor and Landwaiter j
after which you have a Cocket after the following Manner.
London,
f^NOW yt, that H. V. Merchant, for twenty-three Dozen Napkins, Hol-
■^ lan^s making, and two hundred thirty-two EUj of Holland, paid all tbe Duties
inwards the loth of h^n\ laji, out of the Dragon of London, Samuel King
Mafier, from Amfterdam, late unladen, and now in the Goodfellow, of London,
Samuel Johnfon Mafier, yer Barbadocs. Dated the ytb of May, 1751.
A. R. Colledlor.
C. D. Comptroller.
the Contents of the
twenty-three Dozen
E. V. Surveyor.
A. L. Searcher.
And on the Back of the Cocket is endorfed as follows ;
Goods {hipped, two hundred thirty-two Ells of Holland,
Napkins, Holland's making.
H.F.
The Debenture runs in the fubfequent Form.
Ind. did enter with us, the 20th of April laft, in the Dragon, of
London, Samuel King, Mafter, from Amfierdam, twenty-three
Dozen Napkins, Holland's making, and two hundred thirty-two Ells of Hol-
land; the Old Subfidy, New Subfidy, Third Subfidy, and additional Duty, be-
ing paid inwards, by H. V. Merchant, the 20th of Ajpril, 1751, as doth ap-
pear by the Certificate of the Collector inwards ; and for further Manifeftation
of his juft Dealing herein, he hath alfo taken Oath before us for the fame.
Cujtomhoufe, London, the Day and Year above written.
A. R. Colledtor.
C. D. Comptroller.
Of CV ST OM S, &c.
Jurat. H. V. thtt the two hundred thinjr-two EUi, and twenty-diree Doxen
Napkini abovementioned in diia Certiiicate, were really fhipped, and \ivtt not
been fince landed, nor are intended to be reluidedi in any Port, or Creek in
Omt-Britmn. The 7th of May, 1 75 1 .
N.K
A. R' CollcAor.
C. D. Comptroller.
The twenty-three Dozen Napkins, and two hundred thirty-two &1U of
Holland, were fliipped off at DiccKey, May 7th, 175k.
£. V. Surveyor.
A. L. Searcher.
J. K. Landwaiter.
Oh tbe other Side it is terote thus.
One Moiety of the Old Subfid^, two Pounds, (even Shillings, and
two Pence Farthing
New Subfidy, four Pounds, fourteen Shillings, and four Pence three
Farthings
The Thira Subfidy, one Pound, eleven Shillings, and five Pence
Half-penny
Additional Duty, two Pounds, (even Shillings, and two Pence Half-
penny
/. /. </.
« 7
n
4 H
4t
I It
5i
2 7
^\
II
R
When the Money U received on this Debenture, a Receipt may be given in
the following Form, vix.
Eceived, June tie \2tb, 1751, of tbe bomurahle tbe CommiJJioners tf bis
Majejh's Cufioms, by tbe Hands of A. R. CoUeifor, tbe Sum of eleven Pounds,
and three Pence, for tbe above Debenture,
r H. V.
Concerning Bdunty Money on Exports, tec.
TIlis is given by the Government to encourage an Exportation of our native
Commodities, when the Quantity exceeds the Home-Confumptioh, and tohfe-
quently the Prices are (o Induced, as to render the Proprietors great Sufl'erers,
either from the Periihablenefs of the Commodities, or from their Incapacity to
fupport the Delay of a rifing Market ; in Confideration whereoC Provifion has
been made for their Relief by feveral A£ls of Parliament, in granting a Bounty
on the exporting various Sorts of Goods when they arc under the Prices limited
therein, and a fimilar Encouragement has been given for the Importation here of
fome of the Manufa£hires of our own Plantations abroad ; but not to multiply
Examples, I ftiall only give one on the carrying out of Cot-n.
On (hipping this Commodity, Care (hould be taken that the Ship be a Brit{Jl}
Bottom, and navigated according to Law; and previous to fending it abroad, a
Sufferance muft be required from the CoUeAor and Comptroller at the loading
Port, for as many Quarters as are intended to be (hipped, which Sufferance is
directed to the Surveyor and Landwaiter (and where mere are no fuch Officers,
the Collector or principal Officer mull attend) and when fatisfied of the Quantity
(hipped off, muft endorfe on the Back of the Sufferance, the Quantity and
Name of the Corn fo (hipped. This done, a Certificate muft be brought under
the Shipper's Hand, that the Com (b exported does not exceed the Price fettled
by Statute ; after this. Bond is to be given, that the Corn fo (hipped, (hall not
be landed in any Part of Great-Britain, but in fome Part beyond the Seas ; and
feme time after the Ship's Sailing, the Debenture is made out.
Care (hould be taken to procure a Certificate under the Hands and Seals of
two Britijb Merchants (or rather the Conful's, if any refiding where the Corn
5F is
m
m
'^-^m
ii .■ -"v '•
m^:
•■*■ .
\':'^,WM
v-vm:
■:«■
Q>\
■■M
:.t-
^1
11 i.
^^6 Ofr 9 U/iS(TiOrMvS, 0Vi
is landed) of tb? Corn's bciiw U|ul(id, fqr in Neglc^ thereof the Bond will be
prolc^utod, and the Shipper obliged to rcpt^ the |^unty--Maney. . ..v..:
EqutdCarc fliauld be talcen oTCaaftnBondp given to difcharge the Ship'cLading
in Home Part of Great-Britain, that th^rt^xe.a Certificate returned (torn the
Cuftom-houfc, where the faid Goods are landed, in order to be tacked :to your
Bond, to be returned along with it to the Exchequer; as the Want uf fuvb a
Certificate expofcs the Merchant to a Suit at Law. The roolfcoeceflary Examples
of the Bufincfs of exporting Corn are as follows :
7»Jf S0FrtRANCt,\^ jj, "in Inqfjiffi jijw ,bmll<."
In the Sca-Horfc, of Harwich, William Tims, for Dublin.
/. C.
Two hundred fifteen Qjiarters of Wheat, to be fhipped, but not exported till
further Orders. •,:
70 tbt Sitrvtjfor, Starcber, and Landwaiter.
..-•!, ■.' ■ n"; . !•.:,■ 'I vJ , •:..■. -. •«*• ^- Collettor*
-,C. D. Comptroller.
: ... ,- .-r '- ,!•. ,11. " ■ ■ i/^i
On the Back is to be endoried, by the Surveyor and Land'vaitcr, the Q^iantity
dapped off, viz. ii:;o.. . L.ui .;
In Bulk— —215 Quarters of Wheat, Wincbejler Meafure. ,";Tiq-'*?f;M
.1 ,,fbnooH 0- £. f. Surveyor.
/. K. Landwaiter.
' i T'
The Entry and Certificate.
London, June 19; 1751.
In the Sca-Horfe, 0/" Harwich, William Tims, yir Dublin.
/. G.
'4'
mm'
ll^*fe^
I
m
Two hundred fifteen Quarters of Wheat, Wincbefttr Mcafute, Britijb Growth,
Cuftom free. \ -j-.-r'.w',
l^btfe are to certify, that \. G. Merchant of London, hath Jhipped two hundred
and fifteen garters of Wheat, on board the abovementioned Ship for Dublin, and
that the Price of the tVheat of the Meafure aforefaid, in the Fort of London, the
lajl Market-Day, did not exceed forty-eight Shillmgs per S^uartcr.
I. G.
Jurat. I. G. and P. B, that the Contents of the abovementioned Certificate
arc true.
: ;j0 3rfJ /• G.
P.B.
Note, There muft always be one joined with the Exporter in giving Bond
and making Oath for exporting Corn.
The Warrant. ..uklm-.u'l ..li lo a.
In the Sca-Horfc, of Harwich, William Tims, fbr Dubliil.
/. G.
Two hundred fifteen Quarters of Wheat, Wincbejier Meafure.
To the Surveyor and Searcher,
London.
31B n^iiXs 3
The Debenture.
-.a
CT'HESE are tocertify, that I. G. Merchant, Ind. did on the igth Day of June,
-* 1751, enter, and have /hipped for Dublin, in thf Sea-Horfc, wAwij/" William
Tims, Majler, and two-thirds of the Mariners art his Majcjiys SubjeEis, two hundred
fifteen garters Wheat, Wincheftcr Me^ure^ and that the Price of the Wheat of
the Met^ure qforefaid, in the Port of London, lajl Market-Day, did not exceed forty-
tight Shillings per garter. Witnefs my Hand this igth Day of June, 1751.
/. G.
y.urat. , I. G. That the Contents of the abovefaid Certificate are true,
n /. G.
lioiid
IwiUbe
. r . '
•'Lading
lom the
.to your
if fuch z
7. C.
ported till
llettor.
nuptroUcr.
E (^i^tity
n;tlT ••;■
urvcyor. '\
^andwaiter.
51. r/,'
/. G.
^ Growth,
wo hundred
)ublin, and
^ondon, the
I. G.
Qeruikate
I. G.
P.B.
bving Bond
I.e.
of. June,
'William
w hundred
meat of
Vceedforty-
•■"'>. G.
I. G.
Bond
Of CU^S 1* O M s, ^c.
Bvnd it taken in the Penalty °f <^^ Hilnd^d Poundi. that the Corn abovc-
menrfoned (the Danger of the Sea* excej^ted) ' 'fhall be exported into Part« be-
yond the flea, and n6t be i^on laijded in Gredt^bn'tain.
' ' j1. R. Collcaor.
C. D. Comptroller.
The two hundred and fifteen Quarters of Wheat abovementioncd were fliipped
off at Bear-Key, the 19th Day oi ^untt 1751. I
••,in tv, „l, j-;.,A-^-. .•■', , iS. f. Sunreyor.
• I. K. Seanher.
The VcfTcl abovementioned is a Britijh Ship, the Mufler and two-thirds of
the Mariners are hia Majeffy's Subjects.
£. y. Surveyor.
5^7
,! •
,V/ K. . upon the Back of the Debenture it loritten ai folltnet, viz.
it/.'l
'"^he Money to be paid lor the Corn within mentioned, purfuant to the Adls
of Parliament for encouraging the Exportation of Corn, amounts to fifty-tnrce
Pounds fifteen Shillings. 53/. 15. o
Jurat. I. G. That all the Corn within mentioned, certified to be (hipped,
for Quantity and Q^ty, is really and truly exported to P.irts beyond the Seas,
and not again landed, nor intended to be reianded in any Part of Great-Britain.
Cujhm-boufe, Lmdon, fune 19; 1751.
/. G.
A. R. Colledtor.
C. D. Comptroller. .
■ A .\V
If the Collector h^^ not Money arifing from that Branch of the Cuftoms fuf-
ficient to pay it, he writes thus :
Thffe are to certify the Honourable CommiJJioners of bis Majififs Cujio
" nas arifing from the Cujhms,
Jtomt m
London, that I have not Money enough in my Ham
luMcient to pay the within Debentitre. ,' i . j. ..a
. Btlh at Stgbt or Vtiw. ,„(_,,„,.
'I,;.fn vlur. ear ° j '^ntiu^. .
The Obods ate to be landed at the moft convenient Keys or Wharfs, where
the Cuftomer, or Collcdlor, or Comptroller, fliall appoint ; and there, or in his
Majefty's Warehoufes, to be meafured, weighed, and numbered by the proper
Ot^-er^ who are to perfect the E^try, aftd thereto fubfcribe their Names ; and
the next Day following, give an Account, and make Report of the faid E»try
Ibperfeded, to the Colledtor, Off. \\Car. II. Cap. 11. S. 21.
The Report of the Examination of the Goods mull be made on the Back of
the Bill of Sight after this Manner, viz.
cfSuppfife the Entry of EzSt-laAWCotton tarnj
Landed by Vjrtus, and in full (if all the Goods are takenaway, if not, then
in part) of this Sight, ten Bales, containing three thoufand and twenty-eight
Pounds of £<j//-/«<&J Cotton Yarn. . ' ;^
.^ . Certified the 29th of iVovt-w^w, 175 fi'- •.'""•^* '. ''
? Survey^-' '^ «'^'^'"'^
A.B.
B. Q.
I
f^ri."" jl „* > Landwaitefs. ;';!
■Concerning Sufferances for Baggage.
PafTengers Baggagec containing their Wearing-Apparel, &c. arc permitted to
be landed by a particular Sufferaike: diceded lo the Surveyors and Land waiters
appointed to the Ship, who, after Examination, are, on the Back thereof, to
rcii4t:n.a particular Arrount of each PalTenger's Baggage to the CommifTioners in
the Port of London, and to the Collector in an Out-Port, who will order fuch
Part
I
ji... mv.(
\"-m':
'■■■^1
.1
'it
K*.h
"i^'iJ^''-^'
'-■.,-..'.5J<.--
1^1 rf::
388 t^ C U S T O M S, tf^
Tirt u appetri to be -orn, to be delivered without Entryi provided thav are
not made of Good* prohibited to be worn in this Kingdom 1 but fuch Clothef
or fmall Parceli, tfc. an have not been worn, and are cuAomable, will be or*
dercd to be entered, and thofe that are prohibited, to be profecuted.
3 Trunkt,
■I Box.
■3 Portmantnua,
Sufp^t a SufftrtHtt ftr
1 containing Wcaring^Apparel, Linen, and Woollen.
Tbt ExamiH4tion to bt tndorftd m tbt Btttk tf tbt S^fftranct \ tbut :
a; jMHf, 1751.
Examined, 3 Trunlci, 1 Box, a Portmanteaus, oontainins 4 Suit! of old Wear-
ing-Apparel, 16 Shirti much worn, Papers and Books of Accounts, ao Pounds
ot printed Dutcb bound Books, 1 Iiu/u Damaik Nightgown, z Pounds of Tea,
3 Pounds of Chocolate, 2 Remnants, containing ao Ells plain Holltnd't Linen,
under 1 \ Ell-wide.
A. B. Surveyor.
C. D.
D.E.
Land waiters.
The Bound Books and Linen to be entered 1 the Nightgown, Tea, and Cho-
colate to be prolecuted, and the refl delivered.
Commifllonert.
The wh £ Proceetiing to be entered in the Landwaiter's Books, with the Date
of the Order for Delivery, &c.
And (to fini(h this Subjedl) when the Landwaiters to each Ship have made
true Entries of the Delivery of all Goods in their Books, and pcrfedUy adjuAed
them, they are, before they deliver them to the Jerquer (or Surveyor, in thofe
Parts where there is no Jerquer) to certify the fame under their Hands, after the
Entry of the laft Article, thus j
This Ship is regularly difcharged, and all Poft-Entries duly made.
jt. B. Landwaiter.
The Fees and Allowances that are due and payable to the Officers of his
Majefty's Cuftoms and Subfidies in the Port of Lmdnn, dc. are as follows.
For the Officers of tbe Petty Cufloms Oufwards.
For a Cloth Cocket by Engli/h Freemen of London
For a Stranger's Cocket, or Unfreemen
Fur a Cloth Certificate, by Strangers, or Englijb, to pafs
according to the old Rate o
For a Ship's Entry crofling the Seas o
For a Ship's Entry to the Streigbts, or Cmariet, or Wefiern
Iflands I
For clearing of Ships, and examining the Book* i
For every Indorfement o
For making a Bond to the King's Ufe o
For every Entry in the Certificate Book o
To the Cuflomer's Clerks for a Cloth Cockct Of Certificate o
For a Ship's Entry crofling the Seas o
Cufto-
Bicr.
z.d.
o 6
o 8
8
4
o
o
4
6
2
6
4
Comp-
troller.
t.d.
o 4
o 6
Sww
rtjror.
S.d.
O 4
o 6
Surrey.
Gen.
S.d.
I O
o 6
o a 2 02
Subjidj
Of CUSTOMS, ^c.
3«9
Siii^Jufy OutvarJti
tot every Ship'i Entry whhh the Lto»nt, or b«y6hd the
Strtigbtt Mouth
For every Ship't Kntry, going to any other foreign Parti
For every Ship's Entry going to the Out-Ports
For clearing of every Ship, paHing to foreign Partli and
cxjinining the Contents of the Ship
For every Eaglijh Ccxket, by Freemen
For every Stranger's Cockct, or Unfreemen of London
For making every Certificate Cocket, as well Englijh as
Strangers, tor Goods which paid Subfidicii InwarJs,
and pay no Subftdy Outwards
For every Certificate upon Warrant, ftom his Msgefty, or
the I^rds of the Treaftiry, paying no Duties
For Indorrcmcnt of Warrants and Licences
For Fuaring Uill, Litxnfing Aich as bring In ViAoals, to
carry out fame Beer, as by Store
Coad Suifcrancea, are to be given without Fees
For every Coafl Cocket oatwards, and entering in his
M;^eft/s Book*, for a whole Ship or Vcflcl, pafling
into the open Sea
For a Bood for the fame
For difcharging the fanne Bond { fUlng the Certificate to
the liiid Bond
For making every Certificate of Return
For making, entering, and kcepina an Account of every
Debenture, for rtpaying of half the Subfidy, or
other Sums of Money
For making and entering a Tranfire, or Ltt Pafs, from
Port to Port; in England, Walts or Ber-wick
To the Clerks for Cocket, by Engllfl^ Or others
For a Ship's Entry crofling the Seas
Tb the Clerk of the Coafl Cockets. for making a Bill, or
Ticket, to the Lord Mayor for Corn, Victuals* or
other Provifionv
Petty Cujlonu bnoardt.
For every Stranger's Warrant .
For tailing every- Bond^
For every Bill at Sight
For difchwgine every Bond
For every greak Employment, to employ the Proceed of Goods
Subjidy Inwards.
For every Warrant by Englijh Freemen of London
For- every Warrant for Strangers,, or Unfreemen
To the Clerk f«r>rtttkin| the Shipper's Ehtly
For making a BoAd' (o his Majeftrs Uffc
Pof every Oath adminiAered by me CbUeftor
For a Sliipper'e Entry; with the partlcuhir Content, viz.
From therBa^Didks
Ditt* htm the Sirrigitt
50
CoIIm- Ceaip- lar- tanrf.
lor. irolUr. vvyof. Uw.
s.d. s.d. t.d. s.d. *
I o 1 o 10 10
04 04 04 04
2 01 1 01
10 06 06 06
08 04 04 04
10 06 06 06
08 04 04 04
16 08 08 08
0404
06 06 06 06
o
6
I
08 08 08
o 4
o a 02 3
10 04 04 04
4
2
4
a
2
2
4
•4
Cutis
C«Bp.
Sor-
Surrey.
■NT.
trollrr.
Gen.
S.d:
S.d.
.'d'.
S.d.
2
2
a
a
6
I
6
8
6
I
I
CoUec.
Coin|^
Sur-
Sonrey.
lor.
trailer.
veyor.
Gea.
S.d.
S.d.
S.d.
S.d.
4
4
4
4
6
6
6
6
1
6
2
a 6
a' 6
•• 'H/?^
v-m.
For
m
IK
390
Of CUSTOMS, ^f.
i4 ,
um
PF'^''?:^
|g::^g:;
HiSPR
^aW^^r- ' '^. ,
1 iiv.. ■;.■■■ .
i^^v-:i£L_
.'A-^ifc
' <■ ■■.'"■■'/" •'• ■
''*-■'■'■ ,-. T
i?v.v':. ';•■'-
CoUm-
tor.
S.d.
Ccag-
trailer.
S.d.
Sor- 9uive|i.
▼ejror. Gen.
s. d. s, d.
o
s
2 02 02
O 2 O 2 02
For a Shipper's Entry, with the particular Content, viz.
From Spain, Portugal, and the Weft-Indies, or
Englijh PlantaUons
Ditto from Dunkirk, or France
Ditto from Flanders, Holland, Ireland, or any
Eajiern or Northern Parts
For every Shy), or Vcffel, lefs than twenty Ton
For every Stranger's Sliip, Entry to pay double Fees
For every Certificate of foreign Goods imported, to be
fnippcd out free of Subfidy, Eiehteen-Pence, which
is underflood, Six-Pence for Ae Search, (although
feveral Ships.) and Twelve-Pence for the Certificate
If theCoods be under the Value of Twenty Pounds, ac-
cording to the Book of Rates, the Merchant is to
pay the Certificate, in all but
For examining, and comparing every Debenture with the
original Certificate
For a Certificate of foreign Goods, coming from any of
the Out-Ports to London, or from any other Port,
within this Nation
For Goods fent by Sea, by the Importer thereof, to any
of the Out-Ports from London
For cafting up the Sum, and keeping an Account of every
Debenture, and paying the Money
For every Bale, Pack, Truis, Cheft, Cafe, or other Pack-
age, brought into the King's Warehoufe ; to be
allowed to the Officer, when the Merchant is ihort
entered above Five Shillings, to be paid to the
proper Officer, Two-Pence
Great Customs.
Cofto- Comp-
mer. tioller.
S. d. S. d.
For Cocket for Calve Skins 20 10
For a Coaft Cocket Outwards, of Wools, Woolfels, Leather, Skins, and
Hides £ s J Q
For a Bond to his Majefty's Ufe 1 o
For filing the Return o 6
For a Return, and Dilcharge Outwards 24 10
Fees to he paid to the Clerks, concerning feveral Officers, as well Inwards, as
Outwards.
Cufto- Comp- Sur-
, mer. troller. vtyor.
S, d, S, d. S. d.
For every Bill of Portage 060303
For a Second, or Parcel Cocket Outwards • 020202
I 6
o 6
o 4
o 6
o 6
o 8
To the K'.ng's Waiters received in the Cujlota-Houfe above Stairs.
For every EngliJ}mian'& foreign Goods, or Merchandizes of what Nature fo-
ever, paying Cuftoms, or Subudy, Inwards in the Port of London,
or coming tnither from any Place, or Port by Cocket
For every Stn'-.^jcr's foreign Goods in like manner, paying Cuftom, or Sub-
fijy. Inwards in the fame Port, or coming tnitner by Cocket
For certifying every Cocket of Englijb Goods, brought up to London
s.d.
I o
[ 6
> 6
S4,.-''f ■
l> Si*
Of CUSTOMS, ^c.
391
|ror. Gen.
d, S. d.
To the faid Kino's Waiters «ni vtbtrt attending, received at the Water-fide,
to be divided as formerly.
s. d.
For a Bill of Store, or Portagr, for any thing above Ten Shillings Cuftoms i o
For a Bill of Sight, Bill of Sufferance, or any other imperfedl Warrant I o
For Wools, Woolfcls, Leatlier, Hides, and prohibited Goods, from the Out-
Ports by Cockct i
Regifier of the IGng's Warrants,
For every Englijh Warrant for Goods Inwards o 2
For every Stranger's Warrant o 4
For every Foreign Certificate o 4
For all Goods not paying Twenty Shillings Cuftom, whethe*. in or out, there
fhall be but half Fees taken, whether for Warrani,;, Corket, Tran-
fires, Debentures, or Certificates.
> 1, 'Jf
02 OS
02 02
^ufto- Comp-
mer. tioller.
. d. S. d.
010
£ S 10
I O
O 6
24 10
rtwards, as
Comp- Sur-
troller. vtyor.
. d. S. d.
o
o
o 3
O 2
airs.
re fo- ,
mden,
Sub-
f.d.
I o
To tie UJher of the Cuftom-Houfe.
For every Oath adminiftered by the King's Officers Outwards
o 2
The Fees of the Chief Searcher, ajid his Majefty's five Under-Searchers in
the Port of London.
Between the Chief Searcher, andfivt Under-Searchers.
For every Ship that pafieth into Spain, Portugali the Streigbts, Weft-Indies,
Guinea, or the Wejiern Iflands 6 o
For every Ship that paffeth to the Eajl-Indies 100
All otlicr Englijb Ships into foreign Parts 4 o
For every Stranger's Ship, or Bottom 6 8
Duties of his Majefty's five Under-Searchers that attend at London.
Englifh and Aliens.
For every Certificate for fliipping out Goods, formerly imported 2 o
But if the half Subfidy to be received, amounts but to Forty Shillings, then i o
To be paid by Englidi and Aliens for Coods that fay Subfidy, and fafs out by
Cocket or Warrant,
Pipe, Puncheon, or Butt "04
HogHiead, or Bag o 2
Tin, the Block, or Barrel o i
Beer eager. Wood of all Sorts, Copperas, AUum, andfuch grofs Goods, per Ton o 4
_._ 02
o 2
To
Corn the Laft, Sea Coal die Chaldron, Beer the Ton
Lead the Fodder
The Maund, Fat, or Pack
The Bundle, -Bale, Cheft, or Cafe
Raifins or Figs, the 20 Frails, or Barrels
Butter, and mch Goods, the Barrel
For every Ccaft Certificate or Cocket
Traniirft-. for the Coaft, free
For cver^' Horfe, Mare, or Gelding
For certifying every Debenture for receiving back half Subfidy, Gff .
For every Piece of Ordnance
For the Endorfement of every Cocket
For every Certificate out of their Books, of Goods loft at Sea, taken by
Pirates, or returned, vaereby fo much may be (hipped Cuftom free i o
2 For
6
3
3
»
o
o
6
o
o
\ t'-
m
392 PORTERS RATES, ^f.
For evefry Bill of Sufierance, or Store, abov« tpn Shillings in die Book of
Rates I o
If under o 6
Ifhe Furdle, or Trufs, by Eng/ijh, of 3 C. wt. or upwards o 6
Wcwllen Cloth, the Bale, not exceeding five Clotlts. or 3 C. wt. Stuffs, Bays,
or Says o 3
mv: '
Merchants Strangers, or fucb as Jhip on Strangers Ships or Vejfels,
The Fardle or Trufs
Th« Bale
The Fees of the two Searchers at Gravcfend.
I
o 6
,j ! .
.■^■'
ilK'^^t
If.) ,\
Mil-
I ' J *■■.■■■ ..
10
4
8
Sir Harlxittle
Griinftone'/
Hulfs for tbt
Ad'vanctmtnt
ofTradt, ijc.
Art. 24.
For every Ship that pafTeth over the Seas for Spain, Portugal, Streights, the
W'eji-Indies, Guinea, or the Wefiern ijlands
For every Ship to the Eajl-Indies
For all other Ships in foreign Parts
For every Stranger's Ship or Bottom
For every Ship having a Coaft Cocket o
For PafTengers outwards, not being Merchants or Mariners o
No Officer belonging to any Cuftomhoufe, fliall receive any other Fee than
ijiich 33 (ball be eftabllfhed by the Commons in Parliament; if any Officer
mall offend contrary to this 0;'der, he ihaU forfeit his Office, and be incapable
of any Office in the Cuflomhoufe.
AU Fees appointed to be paid to the Cuftomer, Comptroller, Surveyor, or Sur-
veyor-General in the Port of London, for any Cotket outwards, fhall be paid in
one Sum to tliat Officer from whom the Merchant is to have his Cocket above in
the Cuflomhoufe; and after the Merchant hath paid his Cuftom and Subfidy,
and other Duties above in the Cuflomhoufe, he is to keep his own Cocket until
Ditto,Art.i5. he fhall fhip out his Goods, when he is to deliver the fame to the Searcher, with
the Mark and Number of his Goods.
I fhould now fpeak of Wharfage and Lighterage, but as it is impoffibie to do
it with any Certainty, I mufl wave it, lefl I lead my Readers into Miflakes, by
a pretended Afcertaining what is fo fludtuating and unfixed, as they have both
undergone confiderable Alterations in the late War ; and being flill expofed to
frefh Mutations, and even a', prefent vary, when executed by Wharfingers or
Lightermen (the fokmer performing it cheaper than the latter, when the Quan-
tity of Goods is large) I have thought it more prudent to fkip over an Article,
in which any Diredtions I might be able to give would rather puzzle than inform j
( fhaU. therefore excufe intruding farther on my Reader's Time, or increafing his
Expence, by writing what I cannot do wilh any Credit or Satisfaiftion, as all I
can fay on this Subjc<5t will not be worth his Regard ; I fhall therefore procc.'d
to v^hat I can give a fomewhat better Account of, thou^ not fo good a oqe as
I. CQuld wi/h.
Posters RateSf for Landiflgx &c. of fome Sorts of
Goods,
M
ERCKANTS employ that Company's Porters they befl approve at
the Keys, fich as Fifhmongers, Gff. whofe Cha,rges on the following
Goods are, as is here exprefied, and on all oth^r Sorts in Proportion.
Sug^r, the Hogfliead
Dit^o, the Tierce or Barrel
Ditto, the Butt,
Cotton Wool, the Bag
I
Ship-
ping.
J. d.
o 3
o 2
o 6
c 3
Land-
ing.
J. d.
o 3
o 2
o 6
o 3
Load-
ing.
s.d.
° 3
o 2
o 6
o 3
Houf-
ing.
S.d.
o 3
O 2
o 6
o 3
Weigh,
ing.
S.d.
O 4
o 3
o 8
o 3
Ginger,
Of CARTS, ^c.
393
mk of
, Bays,
t.J,
I o
o 6
o 6
1 o
o6
bts, the
6 o
10
4
8 o
o 4
o 6
lier Fee than
f any Officer
i be incapable
ireyor, or Sur-
lall be paid in
ocket above in
and Subfidy,
n Cockct until
Searcher, with
ipoflibie to do
Miftakes, bv
ley have both
till expofcd to
'harfingers or
;n the Qljan-
rer an Article,
than inform ;
increafing his
[(ftion, as all I
prefore proc>..*d
good a one as
Sorts of
Left approve at
the following
Proportion.
Houf-
ing.
S. d.
° 3
O 2
o 6
o 3
Weigh-
ing.
s. d.
o 4
o 3
o 8
o 3
Ginger,
Ginger, the Bae;
MolafTes, the Hogfliead
Logwood, the Ton
Fuftick, the Ton
Braziletto, the Ton
Young Fuftick, the Ton
Lignum Rhodium, the Ton
Lignum Vitae, the Ton
Tobacco, the Hogihead
Ditto, the Bundle
Danijh, or Swedijh Iron, the Ton
Hemp, Narva and Riga, the Bundle
Ship-
ping.
s.d.
o I
3
1 o
I o
I 6
f 6
I 6
I o
o 3
I
1 o
o 6
Land-
ing.
s.d.
O I
o 3
o
o
6
6
6
Lo«d.
ing.
i.d.
O I
3
o
o
6
6
6
o
2
I
O
6
Hour-
ing.
S.d.
o
I
I
I
I
I
I
o
o
I
o
Weigh-
ing.
S.d.
O I
o 4
o
o
6
6
6
o
2
I
O
6
Of Carts and Carmen,
THESE being abfolutely neceflary to the Merchant's Service, for the
Tranfportation of his Goods in this great Metropolis, and being 5;enerally
a Set of noify, infolent, and abulive Fellows, the City Magiftr.icy has
from time to time made feveral good Laws concerning them, in order to diredl
their Employers how to aft in their Intercourfe with them ; which I Ihall com-
municate to my Readers for their Government.
An ABSTRACT of the Rates, Rules, and Ordinances, made by the
Lord-Mayor and Juftices of the Peace ^r the City o/" London, at the ^artiK"
Seffion holden the 1 1 ^,6 July, 1757.
IN Purfuance of an A61 made the laft Seftlon of Parliament, to explain and
amend an Adl, made in the Eighteentli Year of his prefent Majefty's Reign,
to prevent the Milbehaviour of the Drivers of Carts in the Streets of London and
tVeftminJler, and the Limits of the Weekly Bills of Mortality, and for other Pur-,
pofes therein mentioned ;
1 . No Perfon ihall ufc or drive any Cart for Hire in the City, without Licence
from the Governors of Cbrijl's Hojhital; and fliall pay the yearly Rent of tjs. 44/.
for every Cart, 20/. on every Change or Alienation of the Property of any fuch
Cart, and 3/. 6d. for eveiy Licence granted by the faid Governors of Cbrijfs
Hojhital. If any one Ihul o/Fend in the Premifes, he fhall forfeit for every
Onence 40 x.
2. All Carts, which ftiall be Ucenfed by llie Governors of Cbrijfs Hojhital,
fhall ply for Hire in the Places appointed by the Court of Lord-Mayor and
Aldermen, or by the SeiHons in London.
3. If the empty Cart of any Carman fliall be fet, or found ftanding, in any
other Place of the City, or Liberties thereof, than thofe appointed for the ftanding
thereof (unlefs whilft loading or unloading Goods, into or from the fame), or if
the Number of Carts, in the Places already or hereafter to be appointed, ftiall,
at any time, be found to exceed the Number allowed by the faid Court of Lord-
Mayor and Aldermen, or by the SefTions in London, for the ftanding thereof, the
Owner of every Cart offending, fliall, for the firft Offence, forfeit 5 s. for the
fecond \os. and for the third and every other Offence 2CJ. And the Beadles
and Ccnftables, or any of the Inhabitants of this City, on feeing any Carts ftand-
ing in any Places in the City, or Liberties thereof, not appointed for their Stands,
or a greater Number of Carts at any Stand than what are or fhall be fo allowed
of in that Behalf, may take any fuch Cart, and the Horfes thereto belonging, or
any or either of thern, to the Green-yard, and fliall there have the fame impounded
and kept, until tue Owner thereof'^ fhall have paid the Penalty incurred, and the
Charges of impounding and detaining every fuch Cart or Horfes.
SH
4. No
mm..
\ ' ■■'■■
f^*J
fp'
'IttffiiTn
'.^
j >
,?'^'
I'.f
< )
.1
*--
■
<
rf
-f
IN
fc>H-f.
III
3P4 Of CAR T ^, ^i*. >
4. No Driv«f 6f sUiy Cart fliall hereafter come into Thames-Jlreet, by ^z-.
Magnus i Church, Eaftward» With his or their empty Cart, before luch Time as
he or they fliall be hired to come into the fame Street, for lading or carrying
Goods s but that the Lanes and Paffages hereafter mentioaed, fludl do ufcd only
for fuch empty Carts to pafs and take their Way through into the faid Tbames-
Jheet, and no other; that is to fay, the Lane leading down to tower-doikt
Bear-kne, tiarp-lane, Bototpb-lane, Pudding-lane, St. Micbaers-Une, Laurence-
Poultney-lane, Bujh-lane, Trimtjf^lane, and all the other Lanes Weftward, except the
Lanes and Pdfages herein after limited for loaded Carts to pafs through from the
faid thames-Jirest, under the Penalty of 5 J. for the firft OiTence, and for the
fecond and every other Offence \os.
• e. All Carts loaded, pafHng out of, or from Thames-fir eet, (hall from thencs
pate - - - - —
other
ftreet,
hill, and Bread-fireet-hill ; and th'at no empty Cart, paffing to the faid thames-ftreet,
(other than fucn as, having been unloaded in fome of tlie Lanes or Places before-
mentioned, fhall have Occaibn to paft to the Aid Street immediately after fuch
unloading), Ihall go down the Hills, Lanes, or Places lafl before-mentioned,
but the fame fhall be kept for the pailing of Cart» ladea< And that as well the
faid empty Carts fhall and may pafs into and from Tbames-fireet through tfie
feveral Lanes and Places hereafter mentioned j that is to fay, FiJh-fireet-bUl,
fVbittington-lane-bill, and Wardrobe-hill, (except as is before limited) : Alfo that
all Carts loaJen may eo into the faid Street down all Places as fhall be beft and
mofl eafy for them, as hath been always accuflomed, upon Pain that every Carman
otFending in any of the aforefaid Particulars, fhall forfeit and pay, for the firfl
Offence, 5/. and for the fecond and every other, lox.
Rate* to be paid for the Cartage of the Goods fbllowthg.
Every Parcel of dry Goods, fuch as Indigo, Argol, Cheefe, and all other Goods
(not hazardous) of the like Bulk and Weight, whether in one or many Calks,
above 19 C. wt. not exceeding 25 C wt. to bt deemed A Load.
Ditto, above 15, not exceeding 19 C. wt. Afmall Load,
Ditto, not exceeding 15 C. wt. ^iti half Lead>
£ach of the Parcels of Grocbry next hereafter meationed are to be
deemed as follows :
For or as a fuH Load. Two Hogfheads of Sugar, light or heavy. Three
Tierces of Ditto, net exceeding 25 C.wt. One Butt and one Caroteei» Currants.
Fifty Bafkets Malaga, or Denia Raifins. Thirty Frails or Pieces of Alexias.
Twenty Barrels, Belvideras or Lep^ras. Twenty Barrels or eighty Tapnets, Figs.
One Butt and a fmall Cafk, Smymas. Five B«rrci« of Rice. Three Bkles of
Anifeed. Six Barrels of Almonds.
For or as a fmall Load. One Butt Currants, or Smymas. One Butt and one
Role, Currants. Two Quarter Barrels, or fifty Jars of RlJfitls of the Sun. Three
Puncheons of Prunes.
One Hogfhead of Sugar, or aAy Fsrcel of Groceiy not exceeding 15 C.wt.
to be deemed An half Load.
Pot or Pearl Afhes weighing from 1 9 C. wt. to 25 C. Wt. to be deemed A Load.
One ditto, not lefs than 15 C.wt. A fmall Load.
Two Hogfheads of Tallow, A Load.
Fifh Oil, 10 Barrels to be ^ Load,
From any of the Keys below the Bridge to any Part dl Lower Thames-fir eet,
up FiJh-fireet-biU to the Monument, up Pudding-iane, Botolph-lane, St. Merfs-
bill, St. Dunfian s-bill, or any of the Lanes leading from Tbames-fireet, Puddmg-
lane, Botolph-lane, and that Part of Upper Thames-fireet, from the Bridge-
foot to St. Martin' s-lane, St. Miles's-lane, and Old Swan,
For evety Load, as above mentioned.
For evety finall or half Load, is,6d.
2S.
Froiji
by Sf.
Time as
carrying
ifcd only
Tiames-
ver'doekt
'juurtnce-
xfiept the
Froih the
d for the
iin thence
,, and no
oi 'Tower'
, baflick-
mts-flreet,
:e8 before-
after fuch
nentioned,
i« well the
irough tfie
^Jlreet-hUl,
: Alfo that
be beft and
ery Carman
or the firft
other Goods
many Caiks*
to be
ivy. Three
fi, Currants,
of Alexias.
[ipnets. Figs.
Bides of
^utt and one
Bun. Three
kg I j C.Wt.
i A Load.
'bams-Jtrett,
St. Merfs-
L/, Puddmg-
Ithe Bridgt-
0/ C A R T S, ^c. 395
From any of the Wharfs between the Tower and London Bridge, to Dytr'i'hall,
Cold-harbour, SUeUyari, Douihbood-warebmfe, Laurtnce-foultnej'lane, three
Cranes, ^eenbilbe, ^een-fireet-biU, College-bill, Dowgate-bill, that Part of
fijb-jireet-bill . Above the MonuMent, or any of the Lanes is high as both
Eaftcbeaps, leading from Lower Tbamti-Jlreet to Towir-Jireet, MarA-l(fne,
Ltnti-ftreet, BUtiter-lunt, Leadenball-Jlreet, Duke's-place, St. Mary Axe, Bitljiopf-
gate-fireet 'within, Combitl, Finch-lane, Lombard-Jlreet, Bircbin-lane, Abchurcb-
lane, CUment's-lane, GracicbUrcb-Jlreet, both Eafiebeaps, Pbilpot-lane, Rood-
fane, and Places of the liktf Diftance.
For a Load, 2s. 6d.
For a ftnall Load, 2 /.
For an half Loiui« u. 6d.
From the Keys to Broad-Jlreet, Threadneedle-Jlreet, Lotbbury, Bartholomew-lane,
London-wall, Coleman-Jlrett, Bajingball-fireet, Old Jewry, St. Laurence-lane,
irvnmonger-lanet Milk-flreet, Aldermanbury, Wood-fireet, Cheapjide, Poultry,
St. Martin s-le-Grand, Newnte-jlreet, Pater-nofter^row, St. Paul's Churcb-
yafd, Do^ws-Comtnons, Old-Change, Fridt^-fireet, Bread-Jlreet, Bow-lane,
Watlingjlreet, Ba/ing-lMe, Bread-preet-bi'l, Trinity-lane, Old Filb-Ji^eef, or any
Part of Thames^ftreet from ^enhitbe to Puddifdock, or Places of the like Diftance
within the Gates, and dfo to Bijbapfgate without, not exceeding the London
Wotkhtufi, AUgate Higb-ftreet within JVbitecbapel-bars, Houndjditcb, and the
Minories.
For a Load, 3 s.
For a fmall Load, zs. 6d. ■•
For an half Load, is, 6d.
From the Keys to ali Places between the Gates and Bars (the above-mentioned
Artidest otherwise afcertained before, excepted).
Fof i Load, 3 J. 6 </.
Fof i fmall Load, zs. lod.
For an half Load, zs. td.
For Torkfiire Packs, to all Places within the Gates, per Pack, 2 s. bd.
For ditto, to all Places between the Gates and Bars, per Pack, 3 s.
For Spanijh Wool, to any Place within the Gates, per Bag, 4 a.
And from all other Warchoufes to Blackwell-ball, and all Inns within the
Gottts, per Bag, 3 d.
For ^to, to «U Placw between the Gttes and Bars, fer Bag, 5 d.
N. B. To carry nine Bags of Spanijh Wool in a Load, and no more.
Several Kinds of Goods, next herein after mentioned, being either not weigh-
able, Iiazardous, or cumberfome, are to be carried at the Rates next herein after
fpccified ; viz.
Eaft-India Goods weighable, as Tea, Coffee, Gfr. to any of the Company's
Warchoufes in Fencburcb-Jireet, Lime-Jireet, the Exchange, &c. zs. id. per Ton,
and 2 </. per C. the Over-weight.
All Pmccs of Arrack, containing about 150 Gallons, zs. zd. each, or a greater
Quantity in two or more fmaller Calks, zs. 6d.
Hamburgh, Amjlerdam, Rotterdam, Scotch and Irijh Linens in Chefls, Vats,
Bales, and Packings of various Weights and Sizes, from 6 //. to 3 j. / r Chefl,
Bale, &c.
Tobacco to the refpedlive Merchants Warehoufes, per Hogfhead, i s.
And from all Warehoufes to the Water-fide, fer Hogfhesid, 8 d.
Smyrna Cotton per pag. Sacks of Goats Hair, Wool, or of Galls, or Silk,
Nuts, or Spunges, or Coloquintida, or Bales of Cotton Yarn, or Chefls of Drugs,
or Piflachia, each 4/
Cyprus Cotto.i, per Bag, 9 d,
Turkey Silk, per Bale, bd.
S Bale«
■ ' ■■ '►I
>S'A
m;'''
Froijfi
If
-396 0/ C A R T S, ^r.
BtJtfs of CvnptU, each i /.
Fangotts or Sacks of Mohair Yarn, or Fangotts of Silk, each 3 J.
For Cartage of Wine, Oil, Brandy, Rum, Cfc.
Two rtpeS, two Butts, or four H'ogflicads of Wine ; two Pipes, two fmall
Bu^ts, one great Butt, four Hogfhead<, or any Quantity of Oil, whether in one
or more Calks, above 2O6, not exceeding 300 Gallons, to be accounted A Load.
One Pipe and one Hogfhead, of thfee Hogftteads of Wine, three Hoeihcads
or any Quantity of Oil above 1 50, and not exceeding 200 Gallons, to be efteemed
A fmall Load.
One Pipe, one Butt, or two Hogflicads of Winej one fmall Butt, two
Hogsheads, or any Quantity of Oil not exceeding 150 Gallons, to be efteemed
An half Load.
From any of the Keys below the Briu^ to any Part of Lower Thames-Jireet, or
any Part of Upper Thames-Jireet as far as the Three Cranes, or to any of the
Lanes or Hills leading from or to the above Places, to Tower-ftreet, Mark-
lane , Mincing-lane, Seetbing-lane, Crutcbed-friars, Poor Jeviry-lane, Fenchurch-
Jireet, Lime-Jireet, Billiter-lane, LeadenbalUjireet, Duke s-place, St. Mary Axe,
Bifiopfgate-Jlreet within, Cornhill, Finch-lane, Lombard-Jireet, and any of the
Lanes leading from thence, Cannon-Jireet, tValbrook, Budge-row, Gracechurch'
Jlreet, both Eajicheaps, Philpot-lane, Rood-lane, and Places of the like Diftanoe.
For a Load, 2 s. 6d.
For a fmall Load, 2 /.
For an half Load, i s. 6d.
From the Keys to Broad-Jlreet, Tbreadneedle-Jlrcet, Lotbbury, Bartholomew-lane,
Coleman-Jlreet, Old Jewry, St. Laurence-lane, Ironmonger-lane, Milk-Jlreet,
Aldermanbury, Wood-Jlreet, CLapfide, Bow-lane, Buckler/bury, Poultry, the
Back, of the Exchange, Frtday-Jlreet, Bread-ftreet, Bafmg-lane, Breaa-Jlreet-
bill. Trinity-lane, Old Fijli-ftreet, any Part of Thames-Jireet Weftward of the
Three Cranes, and Places of the like Diftance.
For a Load, 3/.
For a fmall Load, zs. bd.
For an half Load, 2 s.
From the Keys to London-wall, St. Martin' s-le-Grand, St. PauFs Church-yard,
DoSlors-Commons, Pater-nojier-row, Newgate-Jireet, Blowbladder-Jireet, Bull-
and-Mouth-Jireet, FoJier-lane, and Places of the like Diftance within the Gates -,
as alfo to Bijhopfgate without, Aldgate Higb-Jireet within Wbitecbapel-bars,
Hound/ditch, and the Minories.
For a Load, 3/.
For a fmall Load, 2 /.
For an half Load, 2 s.
From the Keys to Ludgate-bill, Fleet-market, Old-Bailey, Snew-hill, Helboum-
brtdge, Smithfield, Alderfgate-Jlreet, Barbican, RedcroJ's-Jireet, Fore-Jireet, and
Places of the like Diftance.
For a Load, 3/. 6</.
For a fmall Load, 3 /.
For an half Load, zs.
From the Keys to Fleet-Jlreet, Temple-bar, Fetter-lane, Holboum-hill, and Place*
of the like Diftance.
t^*r
For a Load, 4 s.
For a fmall Load, 3 s.
For an half Load, zt.6d,
I
N,B. One
.^IJt^ ; SI;
0/ C A R T S, ^c.
397
N. B. One Piece and one Puncheon of Brandy, or two Puncheons of Rum,
to be accounted A Load.
One Piece c " "brandy, or any Quantity of Rum above i jo, not exceeding 200
Gallons, to be enecmcd AJ'mall Load.
One Pipe or one Puncheon of Brandy, one Puncheon or any Quantity of Rum
not exceeding 50 Gallons, to be efleemed An half Load.
For Cartage of Goods from the Wharfs, Gff. Weftward of the Bridge, the
fame Parcels of Goods to be accounted A Load, — AJ'mall Load, — An half Load,—-
as from the Keys below the Bridge.
From any of the Wharfs between London-bridge and Puddle-dock to a^y Part of
Upper Thames-Jireet, or any of the Hills or Lanes leading dircdly out of it.
For a Load, 2 s.
For a fmall Load, i /. 6 d.
For an half Load, is. 6 </.
From any of the Wharfs between London-bridge and ^eenhlthe, or any of the
Warehoufes in or adjoining to that Part of Upper Thames-Jireet, to all Places
above excepted within the Gates.
For a Load, 2s. 6d.
For a fmall Load, zs. ) .
For an half Load, is. 6d.
To all Places between the Gates and Bars.
For a Load, 3 x. 4 </.
For a fmall Load, 2 s. 6d.
For an half Load, zs. 2d.
From any of the Wharfs between Slueenbitbe and Puddle-dock, or any of the
Warehoufes in or adjoining to that Part of Tbames-Jireet, to Old FiJJj-Jlreet,
Ciirter-lune, Dolors-Commons, Bajing-lane, St. Paul's Church-yard, Newgate-
Jlicct, Cornhlll, and all Places within the Gates, Weftward of the Streets lead-
ing from Bijhopfgate to London-bridge up the Hill.
For a Load, zs. bd.
For a fmall Load, 2 s.
For an half Load, is. (id.
To Little EaJlcheap, Tower-Jireet, Fenchurch-ftreet, Lower thames-Jlreet, Crutched-
friars, «nd all Places within the Gates, Eaftward of the Streets leading from
Bifliopfgate to London-bridge, as alfo to Ludgate-hill, Old-bailey, Fleet-market,
Holhourn-bridgc, Snow-hill, SmithJield, AlderJ'gate-freet, Barbican, and all other
Places Weftward of Cripplcgate within the Bars.
For a Load, 3 s.
For a fmall Load, 2 s. 6 d.
For an half Load, zs.
To Fore-Jlreet, Whitecrofs-Jlreet, BiJhopJgate-Jlreet without, Houndfditch, and all
other Places Eaftward of Cripplegate within the Bars.
For a Load, 3 /. 6 </.
For a fmall Load, zs. lod.
For an half Load, 2 s. ^d.
For the Cartage of Goods from London to the City of Weftminfter, the Borough
of Southwark, and the other Out-parts and Suburbs of London, and all Places
adjacent, Jrom the Keys.
Every Parcel of dry Goods, Grocery, Pot Aflics, and Tallow, die Load to be
deemed as in Page 394.
2 5 I Wine^
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398 0/ C A R T S, ^c.
Wine, Olive Oil, Brandy, Rum, Cfc. as follows 1 viz.
Two Pipes, two Butts, or four Hogsheads of Wine t one Piece and one
Puncheon, two Puncheons or Pipes of Brandy, two Puncheons of Rum » twc
Pipci, two fmall Butts, one great Butt, four Hogllicads, or any Qihuitity of Oil,
whether in one or more Cafks, above 200, not exceeding 300 Gallons, to be
accounted A Lead.
One Pipe and one Hogfhcad, or three F|og(lieads of Wine j one Pipe or one
Puncheon of Brandy ; three Hogdicads, or any Quantity of Oil, Rum, &c. above
150, not exceeding 200 Gallons, to be eftccmed A fmall Load.
One Pipe, one Butt, or two Hogsheads of Wine j one Pip or one Puncheon
of Brandy ; one Puncheon of Rum ; one Pipe, one fmall tiutt, two Hugihcads,
or any (^juntity of Oil not exceeding 1 50 Gallons, An half Load.
Fim On, ten Barrels to be (and not hazardous) A Load.
From any of the Keys below tlie Bridge, or from Cannon-Jireet, Lombard-fireet,
Leadfnball-jlreet, and Places of the like Diftance, not exceeding Cornhill,
Bijbopfgatt-firttt within, Walbrook, Budge-row, ^een-ftr^^i-bill, and ^een-
hithe, to any Part of the Higb-Jlrett in the Borough cr Soutbwark as far as
St. George t Church, to any of the Wharfs in Totley-Jlreet, not exceeding
Symond' s-wbarf, and Places adjacent of the like Diftan«.T.
For every Load of dry Goods and Grocery, as above-mentioned, 2 x. 6 </.
For a fmall Load of ditto, 2 s.
For an half Load of ditto, \ s. bd.
Wine, Olive Oil, Rum, &r. from and to the above-mentioned Places.
For a Load, 3 x.
For a fmall Load, 2 x. 6 </.
For an half Load, 2 x.
From any of the above-mentioned Keys and above-mentioned Places to the
Bank-Jidi, Gravel-lane, Deadman s-place, Blackman-Jireet, Kent-Jireet, White-
ftreet. Long-lane, Bermondfey-firect, St. Saviour' s-dock, or Dock-bead, Sbad-
Thames, Black' s-f elds, or any of the Wharfs in Tooley-jlreet below Symond's-
wharf, and all Places adjacent of the like Diftance.
For every Load of dry Goods and Grocery, as above-mentioned, 3 x.
For every fmall Load of ditto, 2 x. bd.
For an half Load of ditto, 2 x.
Wine, Oil, Brandy, Rum, &r. to the above-mentioned Places.
For a Load, 4X.
For a finall Load, 3 s.
For an half Load, 2 x. bd.
The Bridge and Bridge-yard Toil to be paid by the Merchants.
From any of the Keys below the Bridge, any of the Hills or Lanes leading from
Lower Thames-Jireet, from Tower-jireet, Fenchurcb-Jireet, Leadenball-ftrect,
Gracechurcb-Jlreet, Bijhopfgate-Jireet within, and all Places adjacent on the Eaft
Side of the Streets leading from Bijhopfgate to the Bridge, to Chancery-lane,
the Strand from Temple-bar as far as the New Church, the Butcher-roiv, and
Places adjacent of the like Didance.
For every Load of dry Goods or Grocery, 4X.
For a fmall Load of ditto, 3 x.
For an half Load, 2 x.
Wine, Olive Oil, Brandy, Rum, &c. from and to the above Places.
For a Load, ^s. bd.
For a fmall Load, 3 x. 6 ^.
For an half Load, 3 x. . Tq
pi 'i
6/ C A k T S, @>r.
To that Part of the St'^tmd beyond the New Cburcb, St. MartitCs-lane, Long'
acre, Drury-lane, Covent-garden, Seven-Jialt, Monmoutb-Jirttt, Lincoln's-inn-
jielJs, Clare-market, Higb Holbourn, St. Giles's, as far as the Church, Gray's^
inn-lane, Red-lion-Jireet, Bloomjburj, and Places adjacent of the like DifUnce.
For a Load of dry Goods or Grocery, 5 s.
For a fmall Load, 4/.
For v\ half Load, 3 /.
Wine, Olive Oil, Brandy, Rum, Off. to the above Places.
For a Load, 5 j. 6 </.
For a fmall Load, 4 j. 6 </.
For an half Load, 4/.
To Charing-crofs, Whitehall, any Part of Weftminjler as far as Buckingham-gattt
St. James s-Jlreet, Piccadilly to the End of Dover-Jlreet, Old Bond-Jireet, Con-
duit-Jirect, Newport-market, Soho, Oxford-road, to the End of Great Swalltw-
Jlreet, and Places adjacent of 'Jie like DiAance.
For a Load of dry Goods, or Grocery, 6 s.
For a fmall Load, ^s. 6d.
For an half Load, 4 s.
Wine, Olive Oil, Brandy, Rum, &c. to the above Places.
For a Load, ys.
For a fmall Load, 5^. 6d.
For an 1^ If Load, 4/. 6d.
To Grofiici juare. May-fair, Berkley-fquare, Hanover-fquare, New Bond'
Jlreet , C .dijh-fquare, and Places of the like Diilance. ^
For every Load of dry Goods or Grocery, 7 s.
For a fmall Load of ditto, 51. 6d.
For an half Load of ditto, 4.S. 6d.
Wine, Olive Oil, Brandy, Rum, Off. to the aforefaid Places.
For a Load, 8/.
For a fmall Load, 6s.6d.
For an half Load, 5 j.
From the Keys to Goodman s-f elds, Eajl-Smithfield, the Hermitage, Whitecbapel
without the Bars as far as George-yard, not exceeding Dirty-Utne, and Places
adjacent of the like Diftance.
For every Load of dry Goods or Grocery, 3J.
For a fmall Load of ditto, zs. bd.
For an half Load of ditto^ 2 /.
Pot or Pearl Afhes, Weight as before defcribcd.
For a Load, 3J. 6d.
For a fmall Load, 2s. 6d.
For an half Load, 2s.
Fifli Oil, for a Load, 3/,
Wine, Olive Oil, Brandy, Rum, &c. to the aforefaid Places.
For a Load, 3 s.
For a fmall Load, 2s.6d.
For an half Load, 2s.
I To
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To Wbitecbapel, Church-lane, FieU-^ate, Nigbtingale-lant, Virginia-firttt, Wellclofe-
J'qHiire, and Places of the like DiAancc.
For every Load of dry Goods or Grocery, 3/. tJ.
For a fmall Load of ditto, 2s. 10 ti.
For an half Load oi ditto, it. 3d.
Wine. Olive Oil, Brandy, Rum, &c. to the aforefaid Placet.
For a Load, 4.S.
I For a fmall Load, t;s.
Fur an half Load, is. 6d,
To Ratcliff'-highway, tyttpjiifig. Old Gravel-lane, Cock-bill, Sbadwell, and Places
adjacent of the like Diiiance.
For a Load of dry Goods or Grocery, 4/.
For a fmall Load of ditto, 3/.
For an half Load oi ditto, is. 6d.
Wine, Olive Oil, Brandy, Rum, Gff. to the above Places.
For a Load, 5J.
For a fmall Load, 4/.
For an half Load, 3 /. 6 </.
Ti) RatcliJ'-crofs, Stepney-caufeway, Limehoufi, Bell-viharf, Shadwell-dock, and
all Places adjacent of the like Dillaiice.
For a Load of dry Goods or Grocery, ex.
For a fmall Load of ditto, 4/.
For an half Load of ditto, 3/. bd.
Wine, Brandy, Rum, Olive Oil, Gfc to tlie above Places.
For a Load, 6 s.
For a fmall Load, 5/.
For an half Load, 4/.
From the Keys to Spital-fields, Shoreditch, Moor-Jields, fVindmill-hill, Chifwell"
jtrect, and Places adjacent of the like Diiiance.
For a Load of dry Goods or Grocery, 4/.
For a fmall Load of ditto, 3/.
For an half Load of ditto, is. bd.
Wine, Oil, Brandy, Rum, Gff. to the above Places.
For a Load, 4/. 6 d.
For a fmall Load, ^s. 6d.
For an half Load, is. bd.
\o Old-Jlreet, that Part of fVhitecrofs-Jireet out of thr Freedom of the City,
Golden-lam; Gojwell-Jireet, St. Jobn's-Jlreet beyond the Bars, Clerkenwell,
Leatber-lane, Saffron-hill, Hockley in the Hole, and all Places adjacent of the
like Diftance.
For every Load of dry Goods or Grocery, 4/.
For a fmall Load of <//V/o, ^s.
For an half Load oi ditto, is.bd.
Wine, Olive Oil, Brandy, Rum, &c. to the afore-mentioned Placei.
For a Load, 4/. bd.
For a fmall Load, y. bd.
* For an half Load, is. bd.
And
Of CARTS, ^l.
And IS to all other Haces and Goods not before particularly mentioned, the
f.imc arc to be carried and paid for in the Manner following ; that is to fay,
All Goods, Wares, and Merchandizes whatfoever, weighing 14 C. wt. or
under, fhall be deemed half a Load j and from 14 C. wt. to a6C. wt. fhall be
deemed » Load, from any Part of the City j and the Rates for carrying thereof
(hall be as follows :
For any Way not exceeding half a Mile, for half a Load, ix. bi. and not
above a Load, 2/. 6</.
For any Way to the Extenfion of a Mile, for half a Load, 2/. and not exceeding
a Load, 3/.
For any Way to the Extenfion of one Mile and half, for half a Load, 2 s. td.
and not exceeding a Load, 3^. bd.
For any Way to the Extenfion of two Miles, for half a Load, 3/. and not
exceeding a Load, 4/.
For any Way within two Miles and an half, for half a Load, 3/. td, and not
exceeding a Load, 5J.
For any Way within three Miles, for half a Load, 4/. and not exceeding a
Load, 5 r
For any Way within three Miles and an half, for half a Load, 41. bd, and
not exceefling a Load, 5^. bd.
For any Way within four Miles, for half a Load, 5/. and not exceeding a
Load, 6/.
And fo after the fame Rate to the Extent of Ground limited by Ad of
Parliament.
And for all Merchandizes and Commodities that cannot be divided, weighing
above 26 C. wt. the Carman fliall, over and above the Rates above-mentioned,
receive and be paid after the Rate of 2d. per C. wt. for every C. wt. exceeding 26
C. wt. and fo in proportion for lefs than a C. wt. ,
6. If any Difpute arife between the Employer and the Carman about the
Diftance of Ground that Goods have been carried, or the Weight of the Goods,
either Party is to apply to the Lord-Mayor, or any Jufticc of the Peace of the
City ; and the Ground ihall be meafured by fomc Perfon to be appointed for that
Purpofe by the Lord-Mayor, or any fuch JuiUce to whom luch Application
(hall be made. And if a Difpute arifcs concerning the Weight of the Goods
carried, the fame fhall be weighed, if it can conveniently be done, and the Party
in Default fhall pay all fuch Expences as fhall be afcertaincd to be reafonable by
the Magiftrate before whom the Parties fliall have been heard.
7. Any Perfon may chufe what Cart he pleafcs to employ in his Work (except
fuch as fund for Wharf-work, Tackle-work, and Crane-work, which are to ftand
in Order, and to be taken in Turn). And that every Carman who flands with
his empty Cart next to any Goods that are to be laden, being firfl in Turn, fhall,
on the firfl Demand, load the fame without any Delay, or bargaining for any
other Pay than is hereby appointed. And if the firft, or any other Cart, fhall
refufe to work, or delay to )oad any Goods, upon Requefl made for that Purpofe,
every Perfon fo refufing or delaying fhall forfeit for every fuch Offence the Sum
of 10 s. and the Driver of the next Cart in Order, who will carry the Goods,
fhall be at Liberty to take the fame: And if any Carman fhall refufe fo to do,
he or they fo refufing fhall forfeit and pay, for every Time he or they fhall fo
offend, the Sum of loj. And if any Employer fhall refufe to employ the next
Cart in Order at Wharf-work, Tackle-work, and Crane-work, he fhall forfeit
and lofe the Sum of 1 o j.
8. All the Wharfs between London-bridge and the Temple to be ufed in Turn-
keeping, as the Cuflom is below Bridge.
9. The Carman who is firfl in the Moming at any of the faid Wharfs fhall
have the firfl Load, he having his Horfe in the Cart, and giving Attendance for
his Labour; and if abfent, then to take the other whofe Turn is next; and
whofctever rcfufeth to load, fhall forfeit and pay, for every Time he fhall fo
offend, \os.
in. No Carman fliall come to any of the Wharfs between the Bridge and
Toiver-wharf \xioK Four in the Morning in .Summer, and Seven in Winter,
a 5 K tinlefs
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unlcfi a Merchant iu< extraordinary Occafion for hi* coming fooner, und<r the
Pcnahy of 5 j.
1 1 . No Owner or Driver of any Cart fur Hire, in Louden, &c. fliall demand
or take for his Fare, fur the Carriage of any Good* within the Uiilancc prcfcrik-d
by the laid Ail of Parliament, more Money than by the above Rate* are limitid
for the fame, nr as lliall be appointed by any fubfcqucnt Rules made in purAianie
of the faid Adl of Parliament. And if any futh Owner or Driver of any Cart or
Carr (hall mifbchave himfcif therein, or (hall refiiCc to come with his Carr when
called to be hired, or to take in Lu;uling into his Carr or Cart, or (hall utter
any abulive Language, or offer any Indilt to his Kmplover or Kmployers, tluir
Servants or Agents, he or they (b offending in any uf the Cafes atorcfaid. (h.ill
forfeit, for every Time he offends, aoj.
I a. The Driver of every Cart within the DiftancC before-mentioned (hall afTift
in loading and unloadini; of Cloods, Wares, and Merchandizes, into and out of
the fame j and if he (hall refu(c Co to do, his l-^mploytrs may retain out of his
Fare what any other Perfon (hall be realbnably paid tor alTifting in his Stead to
load or unload the fame, and the Sum of 2/. bd. bclides, by way of Penalty :
And in calc of any Diflxrence about the (ame, fomc Jufficc ot Peace within tlie
faid Limits (hall at'ccrtain the Sum to be fo paid.
13. Every Owner of a Cart, which fliall be worked for Hire within tlic
]3ithnce$ before-mentioned, from the 10th Day of ^«^«/? now next enfuing, fliall
have his Name placed at full Length, painted in large Capital Letters, not kls
than three Inches long, and.broad in Proportion, on lome confpicuous Part of the
Front of his Cart or Carr; and fliall, from Time to Time, take care to continue
and keep the (ame there, (0 as always to appear plain and legible. And on the
Alteration of the Property of any Cart, the new Owner is, in like Manner, to
caulc his Name to be forthwitli put and kept thereon. And if any Owner (hall
omit to have his Name* on his Cart, in Manner afore(hid, or any one (hall drive
for Hire a Cart in London, &c. without the real Owner's Name, in Manner aforc-
faid, thereon ; or if any one fliall wilfully obliterate or alter the Figure or
Number of any Cart, or the Name of any Carman, which fliall have been painted
on his Cart or Cirr, every Perfon, on being convided thereof before the Lord-
Mayor, or any Jufticc of the Peace in London, fliall, for every fuch Offence,
forfeit 20/.
14. All Carts, during the Time of loading and unloading thereof within the
Streets of the City of London, and the Liberties thereof, fliall (land fideways the
long Way of the Street, and not crofs the fame, and as clofc to the Side of the
Street where they are loading and unloading as they can, fo as PaiTengers, and
Coaches, and other Carts may pafs bv, if the Street is of futhcient Width to allow
two Carriages to pafs together thereii (except where the Situation of the Place,
or tlie Package ot the Goods, makes 1. . :cmry to load or ftrikc direftly). And
if any Carman fliall ftand in any Str jet with his Cart, not being loading or un-
loading Goods, every fuch Carman fliall draw away immediately at the Rcquell
of any Perfon,. to let fuch Perfon or any Carriage pafs by, if the Street will allow
thereof, under the Penalty that every one offending in the Premi('es fliall, for
every Time he or tlicy fliall fo offend therein, in any of tlie Cafes in this Order
mentioned, forfeit lox.
15. No Perfon under the Age of Sixteen Years fliall be employed to drive or
manage Horfcs in Carts, under the Penalty of 20/. to be paid by the Owners of
every fuch Cart or Carr, every Time any Perfon under the Age of Sixteen fliall
be convided, before any Juflice in London, of driving any Flurle in any Cart in
London.
16. Ever)- Cart fliall be allowed to contain in Length, between the Tug-hole
and the Fore-ear Breadth, fix Feet fix Inches, and no more; and in Breadth,
between the two Raves in the Body of the Cart, four Feet ten Inches of Aflize,
and no more ; and in Length, from the Fore-ear Breadth to the End of the Cart,
fcven Feet and one Inch, and no more. And if any Cart (hall at any Time be
worked in London of greater Length or Breadth, the fame may be feizcd and
fent to the Green-yard, and the Owner thereof fliall, for every fuch Offence,
forfeit 20 X.
17. If
Of CARTS, ^r.
17. If the Driver of any Cart (hall leave hii Cart in the Street Or comnvMi
Paflaite of the City by Night, he (hall forfeit, for every Time, 5/. bcfide* malcing
fuchRecnm pence to the Party who (hall fuAain Damage thereby, a> any Judito
of the Peace in Ltndon (hall direct.
18. If the Driver of any Cart (hall feed hi« IIorfe« in the Street, fave with
Oats out of a Bag, or with fuch I lay as he (hall hold in hii Hands, or in a Ha(kct,
or leave \\\s Cart or Horfea in the Street, without fume Perfon to look after the
fame, the Owner of every ("utli Cart (hall, for every fuch 0(Fcncc, forfeit y.
19. If any Carman (lull put into his Cart more than two Horfcs, (or the
Carriage of any Merchandize whatfoever (except up Hill, or with Timber, Stone, .
or other C'ommcxiitieii, where the Load cannot be divided, or where the Load is
to be carried out of the City) he (hall forfeit, for the (ir(t Offence, 10/. for the
fccond, 20 J. for the third and every other Otftnce, yas. and the (upcrnumerary
Hor(c (hall be dctjincd at the iireen-yard, until tne Penalty and Charges of
detaining fuch tupernumerary Horfe (hall be paid.
ao No Carman (hall be allowed to carry in his Cart at one Time above 25C.wt.
of any Wares that may be divided, or more than one Butt, or one Pipe, or three
Hogliicadf, or two Puncheons, of any Liquor, other than as herein before-
mentioned, upon the Penalty of paying, for the firrt Offence, 5/. for the (i;cond,
10/. and for the third and every other Offence, 20i.
21. If the Driver of any Cart or Carr (hall (ufTcr the Horfes in his Cart to
trot in the Street, or (hall drive them in a (peedier Courfe than his Cart is ufually
drove when loaded, he (hall forfeit, for every fuch Offence, 10/.
22. If the Driver of any Cart ,for Hire iii London, or the Libertif thereof,
(hall not, from Time to Time, lead his Thill-Horfe by the Head, with an Halter
not longer than five Feet, he (hall forfeit and pay, for every Time he (hall
offend, 5 J.
23. The Driver of every empty Cart in London (hall, from Time to Time,
give way to a loaded Carriage, and to a Coach, Gff. under the Penalty of 20 x.
for every Offence.
24. The Driver of any Cart who (hall wilfully mi-Tiehave himfelf, or who (hall
dcfignedly hinder or interrupt the free Pa(rage of any of His Majefly's Subjects,
or their Coaches or other Carriages, in any of the publick Streets or PafTages in
the City of London, or the Liberties thereof, during the Time he is not loading
nor unloading his Cart, (hall, on being convided thereof before any Juftice of
the P-'ace in London, forfeit and pay, ror every Time he (hall fo offend, the Sum
of 20/.
25. If any one (hall refufe to pay the Owner or Driver of the Cart employed
the Money juftly due for his Fare, or (hall in any-wifc abufe the Carman, or
mi(bchave towards him, the Lord-Mayor, or any Judicc in London, on Application
of the Carman to him, (hall qaufe the Parties to come before him, and examine,
from Time to Time, into the Matter complained of, and thereupon make fuch
Order for Payment of the Fare, and recompenfing the Carman for his Lofs of
Time, and for any Injury he (hall have fuftamed, and any Expences he (hall have
been at, as (hall be ju(t ; and the Party found in Default (hall tnereupon forthwith
pay the Money ordered to be paid by fuch Magiftrate, under the Penalty of 5/.
26. If any one (hall caufe the Driver of any Cart to wait above hali an Hour
for the loading of any Goods intd the fame, or unloading of Goods thereout (the
Carman being willing to help to load or unload the fame), he or they fo offend-
ing, fhall pay for the fame forthwith to the Carman, after the Rite oibd. for
every half Hour, from the Expiration of the firft half Hour which the Cart (hall
be detained.
27. No Carman (hall be compellable to carry any Load of Goods above three
Miles from the City and Liberties thereof, after Two of the Clock in the Afternoon
from Michatlmas to Lady-Day, or after Four from Lady-Day to Michaelmas.
28. In cafe the Owner of any Cart worked in London for Hire (hall not deliver
up, to be brought before a Magiftrate, any Driver thereof, charged with any
Offence againft any of the Rules or Orders aibrefaid, within feven Days after
Complaint made to any Magiftrate againfl any fuch Driver, and Notice thereof
given or left at the i)fual Place of Atwde of the Owner of any fuch Cart, then
I the
403
\.hv\
wm^^
.'>-■
^r
ml
fr
■^^
J
t--i
jg^
ii-f
::l
1::
404 0/ CARTS, '&c,
the Owncrof every fuch Grt fliaU be liable to anfwer and pay the Penalty incttrfed
by any fuch Driver; and if the Driver (hell be afterwards found, and Hiall not
make SatisfadtioB forthwith to his Mafter for what he (hall have paid for any fuch
Driver's Mifbchaviour, Negledk, or Default, every fiich Driver fliali forfeit 5/.
for every fuch Default.
29. The Lord-Mayor of tLe City, or any Jufticeof the Peace of the faid City,
before whom any Offender fliaU be brought, and be conviAed, may lefTcn,
mitigate, or remit any of the faid Penalties, fb as not to remit above one half of
^e Penalty iaflidcd for the Offence.
30. All Penakiis by thefe Orders, or iuiy of them, inf)iAed, fhall he levied by
Diftrefs and Sale of the Offender's Goods, by Warrant under the Hand and Seal
of the Jjuftice of the Peace. One Moiety of all Penidties and Forfeitures is to
be pud to the Perfon who fhall proTectlte to Convidtion any Perfon who (liall
break the faid Orders, and the other Moiety to the Overfeers of the Poor (if there
ihall be any) of the Parifh or Place in whidi the Ofience fhall be fo committed,
or the Oflcoder fliall have been apprehended.
AND becaufe it is necefTary diat Merchants, and others diat ufe Cafrsor Carts,
fhould know where they fhuid vrhcn empty, die following will acquaint them
where, and in what Number they are to be found.
From Brewer' s-key, along Tbam. ^.rnU to die firfl Cuflomhoufe
are to (land
From the Wefl Gate of the Cufiomhoufe to Porter's- key
From Porter t-key to Little Bear-iey
From Littk Bear-kty to IToung's^k^
From Toungs-key to Ralph' s-key
From Ralpb's-key to Great Dice-key
From Great Dice-key to Smart' s-key
From Little Somers-key to Botolpb-wharf
From Betolpb-wbarf to Cock' s-key
From Cock' s-key to Frejh-wbarf
From Frejk-wbarf to St. Magnus Corner
At St. Dunftan's-hill
From New-Jijh-Jireet to the Steel-yard
From the Steel-yard to the Crooked-iillet-wbarf
From the Crookcd-billet-wbarf to the Black-fwan
From the Black-fwan to Brook' s-wbarf
From Brook' s-wbarf to Caftle-alley
From Paul' s-wbarf to Puddle-dock
From Vere's-keyt and all Places thereabouts, that have PalTage up
Puddle-dock-bill
At Black-friars
Bridewell
Carter-lane
Salifiury-court
On die Eafl Side of Fleet-ditch
And on the Wefl Side thereof
At Wbite-friars
At Bridewell-dock
A litde upon HoiSeurn-bill Waflward
Eafhvard of Holbourn, between the Bridge and King's-Arms
IVefl-SntttbfieUt and about the Bars
Alderfgate
Bread-Ji::£t
Friday-flreet
Aldermanbury
Silver-fhreet
BqfingiaU-Jireet
Broad-fhrtet
%':
Gate, there
1 2 Carts.
2
3
4
3
3
t
a
a
s
6
X
20
12
12
20
10
to
20
6
10
5
10
5
S
5
5
4
a
I
«
a
a
a
4
Bijhopjgate
%.
Of CONTRACTS, ^e.
Jiij^Jgatf mthout 6 Cartt.
Bifiopfsate within 8
St. Mary Axe, and up Camumk-ftreei 6
Without A/Jgaie towarda If^iiie-ciapei to .
Crutched-friars Ift
Crefs-lane, from St. Dunftan't-biU to Harp-Umi 6
Dukes-Place 6
Bury-Jireet 4
haurence-poultney-lanei and Udb Parage into Suffolk-lane 4 -,
Dowgate-hill 6
CoUman-Jireet .4
Philpot-lane 4
Botobb-lane 5
/ rp-lane 6
Bear-lane d
In Fenchurch-Jlreet, where the Church and Pump ftood 4
Leadenhall-Jireet, between the Eajl-India-Houfe and Pump 3.
Lime-Jlreet a
And the Weigh-houie Yard I
And that all Oarte ftanding in Tbames-firiet fhall fland oa the South Side
only of the faid Street : and all this under the Penalty of forfeiting, for the Arft
Olrcnce, five Shillings, and for every other, ten Shillings; and lor Non-payment
to be fofpended from Working.
405
"• ! fir 'i^'tS-'M
Of ContraSii^ Bonds ^ and Promiffory Notes,
ACoN TRACT (I.~ Latin, Contraiius) is a Covenant, or Agreement
between two or more i~v:^'>ns, with a lawful Consideration or Caufes,
as when a Man makes the Sale of any thing to ar-^ther, for a Sum of
Money, or covenants, in Confideration of Fifty Pounds, to make him a Leafe
of a Farm, &c. Thefe are good Contracts, bccaufe there is a ^d pro Sitfo, or
one Thing for another ; but if a Perfon promifes me Twen^ Shulings, and that
he will be Debtor to me for it, and after, when I demand me Completion of his
ProiViife, he refufes me, I cannot have un Adion for its Recovery, becaufe
this Promife was no Contrad, but a bare Promife, or Nudttm Pa^um, though
if any thing had been given for the Twenty Shillings, even to the Value of a
Penny, then it had been a good Contradt. Every Contract doth imply in itfelf, i LUI. Air,
an AjfumpfJ in Law for its Performance ; for a Contraft would be to no Purpofe, J°*-
if there were not Means to enforce the Performance thereof.
Where an AdUon is brought upon a Control, and the Plaintiff miftakes the
Sum agreed on, he wiU fail in his Adion : But if he brings his AdUon on the
Promife in Law, which arifes from the Debt, then, although he miftakes the ^h" 19-
Sum, he fhall recover.
There is a Diverfity, where a Day of Payment is limited on a ContraB, and
where not ; for where it is limited, the Contra^ is good prefently, and an Adion
lies upon it, without Payment, but in the other, not ; if a Man buys twenty
Vards of Cloth, ^c. the ContraSi is void if he do not pay the Money prefently }
but if Day of Payment be given, there the Seller may have an A^on for tnei>^je, a^j.
Money, and the Buyer Trover for the Cloth.
If a Man Contrail to buy a Horfe, or any thing eUe, but no Money is paid,
or Earned given, nor a Day fet for Payment thereof, nor the Purchaie is deli-
vered i in thefe Cafes no Adtion will Ue for the Money, or the Thing fold, but Pltvii. 309.
it may be fold to another. •*'•
All Contracts are to be certain, perfect, and compleat : For an Agreement to
give fo much for a Thing, as it (hall be reafonably worth, is void for Uncer-
5 L taintyi
i-'i
(■4., ' 1
u-
i'
h
It. ,'f
r
'I
Djtr 01.
I Bii/.gj.
A'ly '04'
11:. 114.
Sitf. Jir.
»9+.
5 ^r/>. 81.
i Bui. 175.
PUwil. 130,
/)vi r '90.
J<} Car. II.
Cap. 3.
.17 /. (.■,(/.
»49-
Br: Oil. 67
i/(>»r 675.
477-
ji««.c. 299
(y C O N T4l A C>f S, ^^ '
taintjr? fu a Promiie to pay Money in a (hort Time, &c. or td' give fo much if
he hkes the Thing when he lees it. '
But ir I contradl with another to give hjm T\^ Pounds for fuch a Thing, if
I lilcc it on feeing it; this Bargain is faid to ibi^"ptrfeft at irty Pleafure, though
I may not take the Thing before I have paid th^ Money ; if I do, the Seller may
have Trtfpafs againft me ; and if he ftdl it 16 'SthOther, I may bring Adtion of
the Cafe againft him.
If a Perfon agree with anothc to give fo much for his Horfe as yi. B. ihall
judge him to be worth 5 witen he hath judg^ iV, the Contrast i& ^ompleat, and
an Aftion will he on it, and the Buyer (liall have a reafonabic Time to demand
the judgment of A. B. but if he dies before his Judgment is given, the Contrail
is determined.
In Contrails, the Time is to be regarded, in and from which the Contrail
is made : The Words ihall be taken, in the common and ufual Senfc, as they
are taken in that Place where fpoken j and tlie Law doth not lb much look
upon the Form of Words, as on the Subfta'nte and Minds of the Parties
therein. v'
A Contrail for Goods may be made as well by Word of Moutli, as by Deed
in Writing J and where it is in Writing only, not fealed and delivered, it is the
fame as by Word ; but if the Contrail be by VVriting, fealed and delivered, and
fo turned into i. Deed, then it is tjf another Nature, and in this Cafe generally
the Aftion on the verbal Contrail is g<jne, and fomc other Aftion lies for Breach
thereof.
Contrails, not to be performed in a Year, are to be in Writing figned by tlie
Party, &c. or no Adlion may be brought on them j but if no Day is fet, or the
Time is uncertain, they may be good without it.
And by the fame Statute, no Contrail for the Sale of Goods, for Ten Pounds,
or upwards, (hall be. good, unlcis the Buyer receive Part of the Goods fold, or
gives fomcthing in Earnejl to bind the Conh-dil, or'fbnie'Notc thereof be made
in Writing, ligned by the Perfon charged witli the Contrail, &c.
If two Perlons come to a Druper, and one lays, Let this Man have fo mucli
Cloth, and I will fee you paid, there the Sale is to the Undertaker only, though
the Delivery is to another by his Appointment : But if ^Contrail be mad^with
A.B.^nA the Vender fcruples to let tlie Goods go without Money, andC D.
comes to him, and defires him to let A. B. have the Goods, and undertakes
that he fhal! pay him for them, that will bc a Promife within the Stat. 29.
Car. 11. and ought to be in Writing.
Contracts and Aoreements are in many Cafes of the fomc Signification,
as this latter in its Latin Derivation, Agrcemmtum, or Aggregatio Mcutlum, fcenis
to exprefs, fignt'ying a joining together of two or more Minds, in any thing
done, or to be done ; and
Bonds are Deeds, or obligatory Inftruments in Writing, whereby one doth
bind himfelf to another, to pay a Sum of Money, or do fome other Aft ; as to
make a Rcleafe, iijrrcndcr an Eftatc for quiet Enjoyment, to ftand to an Award,
fax c hartnlcfs, perform a Will, Gff. It contains an Obligation with a Penalty :
And a Condition, which cxprefsly mentions what Money is to be paid, or otlicr
Thing to bc performed, and the litnitcd Time for the Performance thereof, for
which the Oblieation is peremptorily binding ; it may be made on Parchment
or Paper, though it is umally on the latter, and bc either in the firll, or third
Perfon j and the Conditioli may bc either in the fame Deed, or in another, and
fomctimes it is included within, and fomctimcs endorfed upon, the Obligation,
though it is commonly at the Foot of it.
A Memorandum on the Back of a Bond may reftrain the fame, by way of
Exception.
A Bond may be by any Words, in a Writing fealed and delivered, wherein
a Man doth declare himielf to have another Man's Money, or to be indebted
to htm ; bm the hell Form of making it, is that which is mofl ufed.
\i a Bond bc thus, Knoiv all Mm hy tlnje Prefents, that I A. B. am bound
tfj C; D. in the Sum of, &c. for Payment of ivhich t give, full Power to bim to
levy the fame upon the Profits of fuch Lands yearly, till it he paid: In this Cafe,
2 the
0/ CONTR A CT S, ^c.
407
I much if
Thing, if
5, though
Seller may
Adtion of
I B. Ihall
pleat, and
to demand
le ContraH
e Contrast
(c, as they
much look
the Parties
IS by Deed
d, it is the
ivcrcd, and
fc generally
5 for Breach
gned by the
i let, or the
ren Pounds,
jods fold, or
:of be made
avc fo much
nly, though
ic mad(^ with
I, and t. D.
undertakes
he Stat. 29.
Isignification,
ntit/m, fcenis
lin any thing
|by one doth
Adt; as to
an Award,
a Penalty :
laid, or other
thereof, for
Parchment
lirlt, or third
lanothcr, and
Obligation,
by way of
|rcd, wherein
be indebted
L-d.
B. am houml
yer to hi>'i to
|ln this Crtte,
the
Oil.
7'-
the Obligee may fuc upon the Obligation, or levy the Money according to the
faid Claufc.
Whcr" a Bond is made, Obligo me, &c. leaving out the Words, Heereiks, Dyrr 13.
Execuares ct Adminijiratorts, this is good, and the Executors and Adminiftrators
(hall be bound thereby.
An Obligation made to one, to the Ufe of A. B. will be good for him in *'
Equity.
The Condition of a Bond muft be to do a Thing lawful f wherefore Bonds, n ^'/- 5?«
not to ufc Trades, till or fow Grounds, &c. are unlawful, as they are againft
the Publick Good, and the Liberty of a Freeman, and thertfore void : And a
Condition of a Bond to do any Aifl, Malum in Je, as to kill a Perfon, ©"<•• is
void : So ajf'^ Bonds made by Durefs, by Infants, Feme Coverts, &c. And if a
Woman through Threats, or Flattery, be prevailed upon to enter into a Bond,
ilic may be relieved in Chancery.
If an Infant (that is, a Perloii under Twenty-one Years of Age) feal a Bond, 5 ^'f- "9-
and be fucd thereon, he is not to plead, Non ejt fa&um, but muft avoid the Bond
by Special Pleading j for this Bond is only voidable, and not in itfelf void.
But if a Bond be made by a Feme Covert, fhe may plead her Coverture, and 10^./. 119-
conclude Non e/l faStum, &c. her Bond being void.
If a Bond depends upon fome other Deed, and the Deed becomes void, the ' '■'"'•
Bond is alfo void. A Bond made with Condition not to give Evidence againft
a Felon, &c. is void ; but the Defendant muft plead the fpecial Matter.
Condition of a Bond to indemnify an; Perfon from any legal Profecution, is , iww.eCy.'^
againft Law, and void.
And if a Sheriff" takes a Bond as a Rewaid for doing of a Thing, it is void. 3 *«'*■ 7S>
Conditions of Bonds arc to be not only lawful, but pflible ; and when the 10 /{<•/. no.
Matter or Thing to be done, or not to be done by a Cond ion, is unlawful or
impoUihle, or the Condition itlelf repugnant, infenfible or uncertain, the Con-
dition is void, and in fome Cafes the Obligation alfo.
But fometimes an Obligation may be Imgle to pay the Money, where die 2 MoJ. i«j.
Condition is impodible, repugnant, &c.
if a Thing be poflible at the Time of entering into the Bortd, and ftfierv^ards i MoJ. Ref.
becomes impoftiblc by the Ait of God, the Aft of the Law, or of the Obligee, ^'">'
it is become void j as if a Man be bound to appear next Tierm, and dies before,
the Obligation is faved. A Condition of a Bond was, tliat A. B. (liould pay
futh a Sum upon the 25th of December, or appear ^i Hilary Term after in the
Court of B. R. he died after the 25th of December, and before Hilary Term,
and had paid nothing : In this Cafe, the Condition was not broken for Non-
Payment, and the other Part is become im(X)ifible by the Aft of God.
And when a Condition is doubtful, it is always taken moft favourably for thc£>;"-5i.
Obligor, and againft the Obligee; but fo as a realbnable Conftruftion be made as
near as can be, according to the Intention of the Parties.
If no Time is limited in a Bond for Payment of the Money, it is due pre- ■ Brcwnt.si-
fcntly, and payable on Demand.
But the Judges have fometimes appointed a convenient Time for Payment, 7»»<» i+o-
having Regard to the Diftance of Place, and the Time wherein the Thing may
be performed ; and if a Condition be made impoftible, in refpedi to Time, as
to make Payment of Money on the 30th ot February, &c. it fliall be paid
prel'ently ; and here the Obligation ftands iingle.
Though if a Man be bound in a Bond with Condition to deliver fo miieh Corn i t"»- 101.
upon the 29th Day of February next following, and that Montli hath then but
twenty-eight Days, it has been held that the Obligor is not obliged to perform
the Condition till there comes a Leap- Year.
Where one is bound to do an Aft to the Obligee himfclf, the doing it to a * B<^Jf' H9-
Stranger, by Appointment of the Obligee, will not be a Performance of the
Condition.
When no Place is mentioned for Performance of a Condition, the Obligor is • '"fi- ^"o-
obliged to find out the Pcrlbn of the Obligee, if he be in England, and tender '''"' ^*°'
the Money, otherwifc the Bond will be forfeited. But when a Place is appointed,
he need feck no larther.
And
1
i. ;
'•■} i,
kite;
L"i'>vV.T.,;'
'•I'
408
8 £. IV.
3 i?»^. 148.
//««. 68.
71/11/ C.t. ai
Djtr »$.
I /fyf. 291.
Si J. 420.
♦V/w. 177.
Hci. 59-
i))r<T J7I.
» Wv/. Abr.
487.
yiii. Cm.
169.
I Cha; Ctf.
•J7-
lyr 14. J7I
Of CONTRACTS, ^c.
And if, where no Place is limited for Payment of Money Juc on a BonJ, the
Obiigor, at or after the Day of Payment, meets with the Ohiigee, and tenders
him the Money, but he goes away to prevent it, the Ohligor fhall Iw excuftd.
The Obligor, or his Servant, fSc may tender the Money to fave the i'orfciturc
of the Bond, and it fhall be a good Performance of the Condition, ii' made to
the Obligee, though refufed by him } yet if the Obligor be afterwards fiutd, hu
muft plead that he is ftill ready to pay it, and tender the Money in Court.
The Condition of a, BonJ being for Payment of Money, it may be pcrtbrmcd
by giving any other Thiiig in Satisfadtioo, bccaufe the Value of Money is cer-
tain, and therefore may be fatisfied by a collateral Thing, if the Obligee accepts
it ; but if the Condition is to do a collateral Thing, there it is othct wili;, and
paying Money is no good SatisfacStion.
The Acceptance of a new Btttd will not diichargc the old one, as a Judgment
may.
One Bond cannot be given in Satisfa(flion of another, but this is where given
by the Obligor himfelf, ror it may by others.
If a BomJ be to pay Money on fuch a Time, &c. it is no Plea for tlic Obligor
to iay, that he did pay it ; he muft (bcw at what Time, or elfe it may be taken,
that the Performance was after the Time limited.
If a Bond be of twenty Years landing, and no Demand be proved thereon,
or good Caul'u of fo lung Forbearance (hewn to the Court, upoiv Pleading, Solvit
ad Diem, it Ihall be intended paid.
Payment of Money without Acc^uittiuice, is an ill Plea to AAion of Debt
upon a Angle Bill ; but it is otlierwile upon a Bond with Condition.
If leveral Days arc mentioaed fbt Payment of Money on a Bond, the Obli-
gation is 00c forfeited, nor can be fued until all the Days are pall : But in fomc
Cafes, the Ohiigee may profecute for the Money due by the Bond prcfcntly,
though it be not forfeit ; and by ipecial Wording the Condition, the Obligee may
be able to fue ttie Penalty on the &'ft Default.
I41 a Bond where feveral are bound feverally, the Obligee is at his Etcdion,
to fue all the Obligors together, or all of them apart, and have feveral Judgments
and Executions i but he (hall have Satisfadtion but once ; for if it be oi one
only, that (liall diichi^Jge the reft. If an Obligation be iaint and not feveral, nil
the Obligors muft be fued that arc bound ; and if one be prolecuted, he is not
obliged to anl'-ver, unlefs the reft are fued likewiie.
where two or more are boimd in a joint Bond, and only one is fued, he muft
plead in Abatement, that two more lealed the Bond, &i-. and aver that they
are living, and fo pray Judgment de Bitla, 6cc. and not demur to the Declaration.
If a Bond is made to three to pay Money to one of them, they muft ail join
in the A^ion, becaufe they are but as one Obligee.
If A<Aion be brought upon a Bond, againft two joint and feveral Obligors
jointly, and both are taken by Capias, here the Death or Efcapc of one Ihall
not rcieafe the other s but tnt fame kind of Execution muft be taken forth
againft them ; it is otherwife when they are fued fisverally.
When the Condition of a Bond is to do two Things, or has diverfe Points,
and the Obligee, fuppoUng a Breach of one of them, doth fue tiie Obligor ; i*-',
lilup bong joined upon that, it is found againft him, and he is barred, the
whole Obligation is diicharged : And fo long as that Judgment is in Force, hu
can never profecute upon any other Point.
If a drunken Man gives his Btnd, it binds him ; and a Bond without Con-
fideration is Obligatory, and no Relief fhall be had againft it, for it is voluntary
uid as a Gift.
A Perfon enters voluntarily into a Bond, though there was not any Conlidcration
for it, if there be no Fraud ufed in obtaining the fame, the Bond fhall not be
relieved s^gainft in Equity. But a voluntary Bond may not be paid in a Courl'o
of Adminiftration, fo as to take Place of real Debts, even by timplc Contrad i
yet it fliall be paid before Legacies.
An Heir is not bound, unlefs lie be named exprefisly in the Bond, though the
Executors and AdminiArators arc. And if an Obligation be made to a Man, his
I Heirs
^i ■;
Of CONTRACTS, ^c.
409
aion of Debt
Heirs or Succeflbrs, the Executors and Adminidrators fliall have the Advantage
of it, and not the Heir or Succeflbr, by Reftfon it is a Chattel.
A Declaration need not be according to the Letter of the Bond, where there AW. Ctff.
h any Omiilldn, ©"c. biit according to the Operation of Law upon it. "*•
III Bondi to flive harmlefs, the Defendant being profecutcd, is to plead Non * Crt. xxd.
damnijicatus, &c. A Bond may be from one to one, one to two, three, cr more
Pcrlbns ; or from two or more Perfons to one, two, three, Gff. and the Name of
the OiJigor fuhfcribed, it is faid, is fuHicient, though there is a Blank for his
Chrirtian Name in the Bond,
But where another Chridian Name is in the Bond, and the BondCigned by the > Cn. ;;8.
right Name, though the Jury find it to be his Deed, the Obligee cannot have ^'"'' '°7-
Judgment, for the Name fublcribed is no Part of the Obligation.
In thefe Cafes, though there l>e a VerditSl, there (hall not be Judgment. Where j ci"»- *'/•
an Obligor's Name is omitted to be inferted in the Bond, and yet he figns and '"" ' "*"
ieals it, the Court of Chancery may make good fuch an ylcciJcnt \ and in Cafe
a Perfon take away a Bond fraudulently, and cancels it, the Obligee (hall have
as much Benefit thereby, as if not cancelled.
If a Bond ..as no Date, or a fal(e Date, if it be fealed and delivered, it is s ^w. 281.
good. A PlaintiiF may fugged a Date in a Bond, \vhere there is none, or it is
impo(rible, (Sc. where the Parties and Sum are fuflicicntly expre(rcd.
A Bond dated on the fame' Day on which a Releafe is ma^e of all Things, » *»/''• i^'t-
tjfque Diem datus, Gff. is not thereby difchargcd. ''''•
And where a Bond is made to another's Ufc, it muft be fo laid in the Ob- 7"<^' Ctm.
ligation, of he cannot releafe if, &c. ^"'
A Perfon (hall not be charged by a Bond, though figned and fciled, without " i-f"- 140.
Delivery, or Words, or other Thing amounting to a Delivery.
A Bond may be good, though it contains falfe Latin, or fallc Engli/h, if the » f^'"- Mr.
Intent appears, for they db not make the Bond void. ]^[^'^ ^^
By the Condition of a Bond, the Intent of what Sum was in the Obligation, 2 RcIJ. t^6.
may be more cafily known and explained.
And the Condition of the Bond may be recorded, and then the Plaintiff ' ^•'w- +*'•
demur, &c.
Likewife the Conditions of Bonds may expound to whom an Obligor is bound ' '•^- 'o*-
to pay Money ; as if yi. binds himfelf to B. to be paid to yl. whereas it (hould '°'"
be to B. which Obligation is good, and the Solvendum void.
Interlineation in a Bond, in a Place not material, will not make the Bond ' ^'V- ^^'''
void i but if it be altered in a Part material, it (hall be void. ^'''
And a Bond may be void by Rafure, &c. as where the Date, &c. is rafed 5 f^'f- 23.
after Delivery, which goes through the whole.
Such Words, whereby the Intention of the Parties may appear, are fuiHcient ■ SmtHj. 66.
to make the Condition of a Bond good, though tliey are not proper ; and it
(liall not be conftnied againft the exprefs Words.
If the Words in a Bond, at the End of the Condition, Tl>at then this Obliga-
tion to be void, AK omitted, the Condition wl!l be void, but not the Obligation :
But if the Words, or elfe pall Hand in Force, be left out, it has no Effect to
hurt either the Condition or Obligation. The dealing of any Bond or Bill, &c.
for Money, being the Property of any one, is made Felony, as if the Offenders *c«.li.c.2j.
had taken other Goods of the like Value.
4
-r-;5
' >' f.i
The Form of a Bond for Payment of Monty, with an Obligation /fern one to one.
jT' NOW all Men fy thefe Prefents, that I A. B. ^ the Parifh of, &c. in the
"• County of, 8cc. Merchant, am held and firmly bound to C. D. of, &c. in the
County aforefaid. Gentleman, in two hundred Pounds, of good and lawful Money of
Great-Britain, to be paid to the faid C. D. or his certain Attorney, his Executors,
Adminijlrators, or AJigas j to which Payment, well and truly to be made, I bind
myfelf, my Uei^s, Executors, and Adminijlrators, firmly by thefe Pnfents, fealed
with my Seal. Dated the twenty-third Day of December, in the twenty fifth Tear
of the Reign of our Sovereign Lord George the Second, by the Grace of God, of
1 5 M Great-
410 Of CONTRACTS, ^c,
Great-Britain, Ft.'iicc, and Ireland, Kmgt Dtftnder of the Faith, &c.
tiif Tear of our Lord, Ont tbovfimd ftven hundred and f^ty-one.
and
m
The Condition of this Oblation ij £ucb, that if the abov«>bound
ji. B' his Heirs, Executors, or Adaviuftrators, do and ihall well and
tTviy pay, or caufc to be paid, unto the above-named C D. his Exe-
cutors, Adminiftrators, or Adigns, the full Sum uf one hundred Pounds,
of lawful Money of Great-Britain, wkh legal Jntercft for the fame,
on or before the twenty-third Day of June next eniuing the Date hereof;
then this Obligation to be void, or otherwife to be and remain in full
Force and Virtue.
SJgn«d, Sealed, and Delivered
in the Prefencc of
i; la . . ■
j1 Bend wit A a Condition from two to one.
V" NOW all Men by tbefe Prefents, that we A. B. of, &c. and C. D. of, &c.
" are held and firmly bound to E, F. of, &c. in three hundred Founds, of good
and lawful Money of Great-Britain, to be paid to the faid E. F. or his certain
Attorney, his Executors, Adminifirators, or Afjigns ; to which Payment, well and
truly to be made, we bind ourfelves, and each of us by himfelf (if one of the
Obligors be a Woman, write thus j vix. by him and herfelfj for, and in the
whole, our Heirs, Executors, and Adminiftrators, and each of us, firmly by thtf
Prefents. Sealed wHb our Seals. Dated, &c.
The Condition of this Obligation is fuch, that if the above-b«und
A. B. and C. D. or eith^^r of them, their, cr either of their Heirs,
Executors, or Adminiftrators, do and (hall well and truly pay, or caufe
to be p;iid, to the faid £. F. his Executors, Adminifirators, or Afligns,
the full Sum of one hundred and fifty Pounds, of lawful Money of Great-
Britain, with legal Jntercft for the fame> on or before the, &c. which
Ihall be in the Year of our I^ord, &(. then, &c. otherwife, &c.
And the Conditions are the fame from three or more to one, or when the
Obligors, as well as the Obligees, are in Ae Plural ; as they arc vice verfa, when
Ae Obligors and Obligees vary in the Reverie to the aforementioned ; and I think
what I have quoted is fufficiently clear, to cnaUe every one to fill up a Bond
fuitabie to his Occafion j which I have done widi a View, more for the Service
of my Country Readers than thofe in this Metropolia, is thefe latter may readily
furniflt themfelvcs with printed Bonds of all Sorts, which is not the Cafe with
the others, though this Want they may fnpply by a Draught themfelves on
fbimped Paper, where they have not an Opportunity to get it done by an Attorney,
whicn however I would always recommend when to be efFedted, at leafl if the
Cafe is any thing more than common.
'■;f:;;hr<
If! ■ ■ I '
%-y. )■:. ,-
1^ v'-
A Penal Bill for Payment of Money.
1/^ N O W all Men by tbefe Prefents, that I A. B. of, &c. do owe unto C. D.
**■ of, &c. the Sum of one hundred Pounds, of lawful Money of Great-Britain,
to he paid unto the faid C. D. bis Executors, Adminifirators, or Afjigns, on or
before, &c. next ct^uing the Day of the Date hereof', for which Payment, well
and truly to be made, I bind myfelf, my Heirs, Executors, and Athmniftrators, to
the faid C D. his Executors, Adminifirators, or Afiigns, in the penal Sum^'
two hundred Pounds, of like lawful Money, firmly by tbefe Preftntt. In Wimds
whereof I have hereunto fet my Hand and Seal, the, &c. in the Year of, fSe.
fealed, (Sc.
Afingle
V,'Ji
0/ CONTRACTS, ^c.
A Jingle Bill for Payment of Money, that is, a Bill tuithotit a Penalty.
KN O W all Meii by ibtft Preptts, that I A. B. of, too do owe and am
indebted to C. D. of, W. the Sum (f one hundred Pounds, of lawful Money
fl/* Great-Britain, to be paid to the faid C. D. bis Executors, Aiminiftrators, or
AJjignsi on or before, &c'. In Witncfs, Gfc.
Promissory Notes, being obligatorv like Bonds, &<. I thought pVoper to
infert them in the fame fhapter, though m6y are in m'ahy Refpedts very different ;
thefe Notes are (like a Bnl of Exchange) iiflignable by Indorsement, and in
Cafe a Time of Payment be theitin afcertaiiiied, they will bear an Intcreft, pro-
vided they are protefted within three D^ys after becoming due ; fo that it is
beft in all Cafes to infert a certain Time of 'PayiAent, except where the Solvency
of the Drawer or Debtor is doubted : The Indorfer becomes equally liable yivxi
the Drawer of thefe Notes; and when once an indorfabl6 one (that is) payable
to Order, is transferred to a third Perfon, it is no lor^et in the Power of the
Indorfer to acquit or free the Drav\rer ftoht being liab^ either by Releafe, or
odier Inftrument in Writing, as the Property the Indorfei- before had in the No^e
is entirely removed by his Indorfcmentt ih which it differs from a Bond or
Obligatory Bill ; for there the Obligee, after havin? afligned the lame to a third
Perfon, may, by Releafe or odier Specially, deftroy the Vdidity of the Obligation,
and confequendy free the Obligor from the Burden thei'eof.
the Form of a Promijory Note, commonly called a Note of Hand,
rHREE Months after Date (or on Demand) Ipromife to pay to Mr. Richard
Thomas, or Order, one hundred and fifty Pounds, for Value received, in
London, /i6f 23*/ o^ December, 1751. ; ,
4H
.*'■ ) :vl
£.' »jo-
A. B.
The Indorfement (hould be the fam« as on a Bill of Exchange ; and as there
are fome Adls of Parliament in Force, which have altered the Qiiglity of thefe
Notes and Inland Bills, from what they were formerly* I Ihall give an AbftraA
of them here, without feparating what relates to the . one from that concerning
the other, as I deem this Method the inbft proper 1 more efpecially as I fhau
foon proceed to treat of Inland Bills.
All Bills of Exchange drawn in, or dated from any Place in England, &c. of 9 and 10 »'.
the Sum of 5/. or upwards, upon »ny Perfon in LondUi, or ;|ny other Place (ing/j^^*''" '''"
which Bills flie Value (hall be exprelTed to be received) drawn payable at a '
certain Number of Days, £^c. after the Date therdof, may, after Acceptance
(which fliall he by Underwriting under the Party's Hand) and the Expiration
of three Days after the fame fliall be due, be prOtefted by a Notary Publick,
or, in Default of fuch Nptarjf-PuUick, by any other fubnantial Perlim 0" the
Place, before two Wi^ eites, Refufal or Negle<^ beine firft made of due Pay-
ment ; which Proteft fliall be made under a Copy of the faid Bill, in the Form
following :
]^N0 W all Men, that I A. B. on the Day of at
•**■ the ufual Place of Abode of the faid have demanded Fo-
ment of the Bill, of which the aoove is the Copy, which the faid
did not pay-, wherefore I, the faid do hereby p'/oteft the faid Bill.
Dated at this Day of
Which Protcft Hiall be notified within fourteen Days after, to the Party from s. i.
>vhom the Bills were received, who (upon producing fuch Proteft) is to repay
the faid Bill, with Interefl: and Charges from the Protefting ; for which Proteft
niere (hall not be paid above Six-pence ; and in Default of fuch Proteft, or due
Notice
^U
¥'m
^
m
I
iui
8. J.
3 and 4 yf<«<
Cap. 9. S. I.
^^■A;
Si-,-' -. ■
412 0/ CONTRACTS, 6^r.
Notice within the Days limited, the Perfon To faihng lliall be liable to all CoAs,
Damages, and Intereft. iwii ;st, f \> •'■' >
If aiw fuch Inland Bills be loft or mifcarry within the Time limited for Pay-
ment of the fame,, the Drawer of th^faid Bills Hiall give other Bills of the fame
Tenor,. Security beiair 'given (if demanded) to indemnify him, in cafe die faid
Bills fi> loft or mifcamed, be found again.
All Notes figned by anv Peifoii or Perfons, Body Politick or Corporate, or by
the Servant or Agent of*^ any Corporation, Banker, Goldfmith, Merchant, or
Trader, who is MAudlyiintruited by thfm to fign fuch Promiflbry Notes for them,
whereby fuch Perfons, Qfc. (hall prdraile to pay any other Perfon, &c. or Order,
or Bcartic, the Money mentioped in fuch Note, ftiall be conftrued to be, by
Virtue thereof, duegiid payable to fuch Peribn, &c. to whom the fame is made
Zble. And alio fuch Note payable to fuch Perfon, &c. or Order, (hall be
^fiahlie oyer 'm Manner as Inland Bills of Exchange are, by Cuftom of Mer-
chants { and the Perfqn, Qfc- to whom fuch Money is payable, may maintain
an AfUon for the faime, as they mi|;ht upon fuch Bills of Exchange. And the
Perfon, &c. to whom fuch Note fo payable to Order is afligned or indorfed, may
maintain an Adtion agidnft the,Peru>n, &c. who figned, or any who indorfed
the fame, as in Cafes- of Inland Bills, and recover Damages and Cofts of Suit ;
and in Cafe of Nonluit, or Verdidt againft the Plaintin, the Defendant fliall
recover Cofts.
Such Adions (hall be brought within the Time appointed for. bringing Adlions,
per 21 Jacl. Cap. i6, for Limitation of ASiions.
No Body Politick Ihall have Power to give out Notes, other than they might
before this Adl.
In caie the Party on whom an Inlaiid Bill of Exchange (hall be drawn, (hall
refu(e to accept the fame, by underwriting the fame, the Party to whom payable
(hall caufe fuch Bill to be protefted for Non-acceptance, as in Cafe of Foreign
Bills, for which Protcft (hall be paid 2s. and no more.
No Acceptance of fuch Inland Bill (hall charge any Perfon, unlefs under-
written or indor(ed ; and if not fo underwritten or indorfed, no Drawer to pay
Cofts, Damages, or Intereft, unlefs Proteft be made for Non-acceptance, and,
within fourteen Days after Proteft, the fame be fent, or Notice thereof given,
to the Party from whom fuch Bill was received, or left in Writing at his ufual
Place of Abode. And if fuch ' a Bill be accepted, and not paid within three
Days after due, no E>rawer (hall pay Cofts, Damages or Intereft thereon, unlefs
Proteft be made and fent, or Notice given as aforefaid ; neverthelefs the Drawer
(hall be liable to Payment of Cofts, Damages and Intereft, if any one Proteft
be made for Non-acceptance or Non-payment, and Notice be fent, given, or
left.
S.6. No fuch Proteft (hall be neceftaiy for Non-payment, unlefs the Value be
exprefted in fuch a Bill to be received, and unlefs Uie Bill be drawn for 20 /. or
upwards, and the-Proteft (hall be made for Non-acceptance by Perfons appointed
per 9 Will. III. Cap. 17.
s- 7- If any Peribn accept fuch Bill of Exchange in Satisfa^on of any former
Debt, the fame (hall be efteemed a full Payment, if he doth not u(e his En-
deavour to get the fame accepted and paid, and make his Proteft for Non-
acceptance or Non-payment.
s. 8. Nothing herein (hall difcharge r Remedy that any Perfon may have againft
the Drawer, Acceptor, or Indorfer fuch Bill.
S. 9. This Ad (hall continue for three fears.
Made perpetual by 7 Ann. Cap. 1 ;. *
s. 2.
S.3.
S.4.
S.5.
Of
f have againft
0/ B I L L S OF fe X fc H A N G E, @^r. 413
0/ Biiis of Exchange^ and about the crofs ones of
Europe, known to Foreigners under the Denomination
of Arbitrations of Exchange,
TH fi original Traffick of Mankind, by way of Barter, becoming trouble-
fome, Necefllty led them to the Invention of foint more eafy Manner of
continuing their Commerce ; and nothing being found fo commodious a
Medium as Money, this was many Ages flnce adapted to carry on their Trade,
*irft by the Hebrewt, then by :nc Romans, and fince continued and encreafed by
almou every civilized Nation ; and for a ftill greater Conveniency of foreign Trade,
they made Coins of the moft valuable Metals, that might anfwer the Intention
of an eafy Carriage, by being lefs bulky and heavy than bafer ones j and jthis
Method being generally approved of and pradtifed by moft trading People, they
by Degrees fell into an Improvement even of this, and fubftitutol Remilfes and
Exchanges by Bills, to fave uic Expence, Rir4ue, and Trouble, which the Portage
of Money from one Kingdom to another occafioned. The Jews banifhed France
in the Reigns of Philip Auguft and Philip de Long, are fuppofed by fome to have
been the original Inventors of it ; whilft others, with a greater Appearance of
Probability, aflign the Contrivance to the Gibelins, on their being expelled Italy
by the Fadlion of the Guelphs; though the Motives given for both are the fame,
viz. their Endeavours to withdraw their abfconded Effedls with the Secrecy
ncceflary to prevent their Confiibation ; and to this Purpofe they gave Bills on
their private Friends to foreign Merchants for the Sums agreed on, and thefc were
regulated by the diflPerent Value of the Coins exchanged ; and as many of thefc
Bills came back unpaid, it gave Birth to the Charge of Re-exchange, nrft begun
by the aforefaid Lombards, and thefe, after different Modifications, fixed it into
a Branch of Bulinefs : They retired, on their firft Expulfion from Italy, to Lyons
in France, and from thence fpread themfelves into many other trading Cities of
that and other Kingdoms in Europe; and there is ftill a Street in Paris bearing
their Name, from Us having been a Quarter where the greateft Part of them
refided, for carrying on their Banking Bufinefs ; and it is owing to the fame Rea-
fon, and to perpetuate the Memory of the great Bufinefs exercifed there by thefe
People, and oy them taught the Dutch, that the Place where the Exchange ftands
at Amjkrdam, was at firft and ftill continues to be called after them (as does the
Street here in London from the fame Motive) fo that it was thefe People who
firft fowed the Seeds of thefe Negociations in the Minds of the Belgtck Mer-
chants, who duly cultivated and fpread them all over Europe for the eafier con-
ducing Mercantile Affairs, and at the fame time to prevent the Exportation of
their current Coin in lieu of thefe Paper ones, if I may fo term them ; and
this being found fo beneficial and advantageous to trading Kingdoms, as to merit
and engage the Protection of feveral Princes for its Encouragement and Encreafej
among which fome of our former Kings made feveral Regulations concerning itj
Ed-ward III. caufed certain Tables to be fet up at Dover and other Parts of the
Realm, declaring the Value of the fundry Species of Coins current in the Countries
trading with his Subjeds, and the Allowance Merchants were to give to be ac-
commodated with RemifTes, as may be feen in iln, many good Laws of his Reign.
Thefe Tables and Exchanges were fuhjeft to the Direftion of the King's Mint-
Mafter, who made them Par pro Pan, or Value for Value, with a reafonable
Allowance to thofe who were appointed to interfere as Exchangers, for their
Trouble ; and many Adls have been pafTed fince by fucceeding Princes concerning
them.
But as Commerce varicJ, fo did Exchanges too, though they were generally
reduced to four, viz. Cambio Commune, Cambio Real, Cambio Sicca, and Cambto
FiBitio.
c N Cambio
\ I
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■;^i^ 0/ B I L L S o F E X C H A N G E, ^c,
.. Camih Ctmmune, in Eng/ant/, was that which was cuiiditutcd by the rcveral
' Kings, who having received Monies in England, would remit by Exchange tiic
like Sums to be paid in another Kingdom, according to the Regulation of the
abovementioncd Tables.
Camih Real, wa* when Moniei were paid to (he ExchtnKr, and fiilli were'
drawn without aamit^ the Species, but ao^^rding to the value of the feveml
Coins, and indeed was no more than the Payment of Money here in England,
with a Provifo to be repaid the juft Value in iJpecie in another Country, ac-
cording to the Price agreed on between the Exchanger and Deliverer, to allow or
pay for the Exchange of the Money and the Lofs of Time.
C^mbio Sicca, or dry ExchangCt is v/hcn a Merchant hath Occafion for 500/.
for a cerMin Time, and would wiUingty pay Intcrcft for the famei but the ufurious
Lender being deHrous to take more thdo the St;itute allows, and yet willing to
.void its Penalty, offers the 500/. by l^xchangc for Cadiz, whtMunto the Mer-
chant agrees i but having no Correibondenca there, the Lender delires hint to
draw bis Bill On the faid Place, payable at do^t^c or treble Ufance, by any feigned
Pcribn, as the Exchange fliall tnen govern, with which the Merchant coinplics ;
and on Receipt of the BiU, the Bapker pays the Money, and remits the Bill to
Ibme Friend of his at Cadiz to procure a Protcft there for Non-ucccpUncc, the
Charge of which, with the Exchange and Intcrcll, the Merchant is to pay his
Creditor : and thefe Expcnces formerly were very confiderahle.
Cambio Fi£Htio, is when a Merchant hath Occafion for Goods, but cannot well
{pare Money tor their Payment) and the Owner of them, to fecurc his Advantage,
and avoid the Penalty of the Law, adls as the Ufurer in the former Cafe, and
obliges the Buyer to defray the Expcnccs of Re-exchange, &r.
'Hieie two lad Methods of railing Money for the Neceflltoua, were prohibited
by an A£l of Parliament in the 3d and 4th of Henry VIL but on Account of the
bale Monies coined by Henry VI LI. at the Sieee of Bologne, Exchanges were dif-
continued, and the suorefaid Prelllires and Aoufes became again current in the
Reign oi Edward VI. which occafioned all Exchanges to be prohibited for a Hiort
Time, but this being found of great Inconvenience and Detriment to Trade, it
was again rcftoredj though almoit quite neglcded, and the illegal Part of it con-
nived at, in the fucceeding Reign ot Q;^Mary.
The jufl and true Exchange for Monies that is at this Day ufed both in Eng-
land and other Countries (by Bills) is Par tro Pari, or Value for Value j fo as
the Englijb Exchange being grounded on the Weight and Finenefs of our own
Moniey, and the Weight and Fijienels of thofe of each other Country, according
to their feveral Standards, proportion«ible in their Valuation, which being truly
and juftly made^ alcertains and reduces the Price of Exchange to a Sum certain
for the Exchange of Monies to any Nation or Country whatloever.
As Money is the common Meafiuv of Things between Man and Man within
the Realm, fo is Exchange between Merchant and Merchant within and without
the Realm, the which is properly made by Bills when Money is delivered (imply
h^re in England, and Bills received for the Repayment of the fame in fonie
other Country, either within or without the Realm, at a Price certain, and agreed
upon between the Merchant and the Ddiverer; for there is not at this Day any
peculiar or proper Money to be found in Specie whereupon outland Exchanges
can be grounded, therefore all foreign Coins are called imaginary.
Having thus far premifed and Ihewn the Original and Nature of Exchanges,
I Hiall (Kfcend to Particulars, and endeavour in the clcareft Manner 1 can to
inform my Reader of every Circumftance nocelTary to be known in the Circu-
lation of Bills ; all Steps to be taken towards their Recovery, Ihcir Form, current
Courfes, and Laws about them, both here and in every other Part of Europe -,
that this nice Branch of Commerce may be rendered more intelligible, and be
better undcrftood than it commonly is, or can be, except duly explained : As
Cuftoms in their Formation, Times of running, and fdling due. Days of Grace,
G?r. are ahnoft as various as every one European Nation is from another; and as
I confidcr this to be the moft intricate Part of Mercantile Literature, I Ihall be
as extcnfive in my Sentiments and Quotations about it as the Nature of the
Thing reqiiiics, without fearing the Cenfure of nvy Readers for Prolixity, which
2 however
A-i.'-. -A
Rtitrll'k
Meix'hant'ii
Map ol Com-
incrcc.
Manm't Ad-
vice. Hjg. ),
Ditto, P. 4,
and 5.
0/ BILLS OF EXCHANGB, ^. 415
however I Hiall endeavour tn avoid meriting, tnd be tu concifo as my Capocitjr
will permit, without curtailing what ii neceflary to be foid on fo important a
Subjca.
A Bill of Exchange is commonly drawn on a final! Piece of Paper; and
coniprifed in two or three Lines, being To noble and excellent, that though it
ctiinot properly (as is conceived) be called a Spccialtv, becaufe it want<Kh thole
I-onnulitics, which by the Common Law of England are thereunto required,
as Seal, Delivery, and Witncffcs, yet it is eouivalcnt therainto, if not beyond
or exceeding any Specialty or Bond, in its PundUiality and precife Payment;
for, if once ucccptcd, it mud he paid when due, otherwife the Atxeptor lofei
his Credit.
There are ordinarily four Perfons requifite in makine an Exchange (befidcs
the Broker) viz. two at the Place where the Money ia taken up, and two where
it is payable; as ift, the Df/ivertr, Giver, Rtmitier, or Negotiator, being the
I'crfon who delivers the Money; adiy, the Taker or Drawer, who receives or
takes up the Money by Exchange ; jdly, the Party who is to pay the Money in
Virtue of the Bill drawn on him, commonly termed the Acctftant ; 4thly, the
I'erfon to whom the BUI is made payable, and is to receive it, called the I'l^'eJJii'
or Holder of it.
But fometimes only three are concerned In an Exchange, viz. the Drawer,
the Deliverer, (who Las the Bill made payable to himfelf or Order and Value
of him) and the Party that is to pay it, the Deliverer carrying it himfelf and
receiving it.
There is likewife another Way, wherein only three are neceflary, as ift, the
Drawer, 2dly, the Party on whorn it is drawn, and jdly, he to whom it is
payable ; for the Drv^er having Money in his Hands belonging to the Pcrfon in
whofe Favour the Bill is drawn, confedcs Value received in his own Hands, and
charges it to his Friend or Fa^tor^ payable to his Creditor.
And there is yet one Way more wherein Monies may be Emitted only
with the Intervention of three Perfons, ift, the Taker, 2d)y, thfe Dehverer,
and 3dly, the Pkrty to whom payable, as ttiusj if I was at Enen, and ih-^
tended for London, I would take up Money there, and give Bills of Exchange
for the fame, drawn on my&lf, payable to whom the E^liverer Hiould ap]|>oint
in Town.
Money may lycewife be exchansed between two Perfbns only, viz. the Drawer,
and he on whom it is drawn » me Drawer ntaking a Bill of .Exchange ptnrable
to himfelf or Order fo( Vdue in himieif, ahd fubfcribes the Billv and dire£ts
it to the Party that owes him Money, and is to pay it by Exchange; by which
Bill (when he on whom it is drawn hadi accepted it) he becometh Debtor to
tiie Drawer, and' this latter, before the Bill nils due, doth negociate it with
another Man, and by diis Means draws the Money in at the Place of his Re-
lidence, and makes only an Alignment on the BUU payable to him of whom
he hath received the Value.
All thefe Methods of Exchanges are termed Real Exchange, and feme or all
of them will naturally occur to a Man in Bufinefs ; therefore the better to
conduct my Reader to a perfed Underftanding of them, he ought to be ac-
quainted, that as the Monies and Spec'es of almoft every Nation differ, not
(inly in their current Prices^ but in Hut intrinfick Value, there is a juft and
certain Par eilabliHied between them, according to the real and effedtive Worth
of each Species, without any Regard had to tfieir Currency in the Countries
where they are coined; and the Par is by fbme Authors fuppofed to be of
two Sorts, viz. the one of real Monies, and the other of Exchanges, or imagi-
imry Species, though both feeiri to be the fame Thing, as having a neceflby
Dependance upon each other.
By the Par of real Monies, iis to be underftood. Tie Equality of the intrin^k
lvalue of the real Species of atty Country with thofe of another', and by that of
Kxchanges, tbft Proportion that the imagaiary Mtmes of emy Country hear to
thofe of another. So that the Rife and Fall' of an Exchange muft only be at-
tributed to the current Price of the Coins of any Country, or from an etxtraor-
dinary Demand in one Plk:e for Mon^ in another, or fometimes it is owing
to
I'.. I
" >,, ■ ■ .
!
fi^,(
f '
416 0/ BILLS OF EXCHANGE, ^c.
to both t and I think it may cafily be proved from the very Etymology of tlic
V/ord Exciatige, that the Variation of the current Coins or Monies of any Country
in a Manner conditutes and sivcs it Being, at leall has a very great Influence on
it. u it is onlv (according to me aforcfaid Definition) a Bartering or Exchanging
the Money of one Kingdom with thofc of another, which is always efTedted hv
the Intervention of two or three Lines of Writing on a Slip of I'aper, as I have
mentioned before t and I (hall now proceed to Ihew what the Obligation of every
one is who may be concerned in it.
And I ft, of the Drawtr, who in treating about, or negotiating n Hill
of Exchange, mud have a ftridt Regard to His Credit, and never give his
Draughts at an Under-Exchange, as this is a certain Indication of his Want
both of Caih and Credit, though without an Impeachment of either he may do
his BuAnefs, although fomething under the very Height of the Courfc, as this
cannot always be obtained by every one t therefore when a Drawer is not
notorioully under the Mark, he will tranfadl his Affairs with Reputation 1 ami
if his fole View in drawing proceeds from a Profpedl of Advantage, without
any Mixture of Neceflity, he may watch his Juncture for fucceeding in his
Defigns by regulating his Draughts or RemifTes according to the Plenty or Scarcity
of Money or Bills,
2. If, in negociating a Bill of Exchange, only the Price is mentioned,
without any other Conditions, they (hall in tliis Cafe be conflrucd to be Cuch
as the Cuftoms of the Place to which tlie Bill is directed ordinarily allow of in
all RefDcdls.
). A Drawer ought to obferve before he fubfcribes a Bill, and tlic Remitter
before he fends it away, that it be well and truly made, with all the ncceilkry
R>:qui(ites fully exprelTed in it, which I (hall here hint for their Ciovcrnmcnt ;
and I ft, it ought to have its Dale rightly and clearly CAprelTed t zdly, that it
names the Place where it was made and concluded on; 3(lly, that the Sum be
exprelTed fo diftindtly both in Words and Figures, that no Exceptions can be
taken asainft it ; 4thly, that the Payment thereof be ordered and commanded ;
rthly, Uiat the Time of Payment be not dubioufly expre(red, nor fooner or
later than has been agreed on { 6thly, the Remitter mult efpccially obferve that
the Name of the Perfon to \yhom Payment is to be made, be well and truly
fpelled } or if it be made to his Order, that thofe Words be clearly writ ; ^thly
and Sthly, he muft alfo obferve if his Name be tlierein, and the Value of him
be exprelTed t 9thly, he muft obferve that the Bill be fubfcribed by the Drawer ;
lothly, the Drawer muft principally look to the Diredtion of the Bill, that it
be true, and diredcd to the right Perfon ; iithly, they muft both obferve, that
the Place wherein the Payment muft be made (and the Coin, or Species wherein
it muft be paid) be fully exprelTed in the Superfcription or Body of the Bill :
And if a Drawer draws upon one who lives not at the Place where the Bii'
is intended to be paid, then the Remitter muft obferve, that as well the Place
where the Perfon lives that is to pay, as the Place where the Payment muft
be made, be exprefTed.
4. A Drawer adts imprudently when he gives more Bills than one for the fame
Sum, to the fame Perfon, and under the fame Date, as this may be an Occalion
of Miftakcs ; therefore if two Bills for one thoufand Dollars are agreed for, it is
better to make them for unequal Sums, than five hundred each.
5. It is a Cuftom here in England for the Drawer to deliver only the firft
Bill on the Day of Agreement, and to recover on the 2d and 3d, which are fent
to the Remitter for Payment before the next Poft goes outj and a Drawer
(hould always obferve to note how many Bills he gives, left by a repeated Lofs
he (hould be led into an Error through Forgetfulnefs, and give th^ Duplicate of
one he had given before.
6. GeneraUy in all Bills of Exchange, the Drawer is bound to the Perfon
from whom tnc Value is received ; as the Acceptor is to him, to whom it is
made payable j for although the Drawer and Acceptor are both bound in the
Bill, and both equally liable for the Payment thereof, yet they are not com-
monly both bound to one Man j I fay commonly, for if the Taker of the Bill
be Servant to the Party to whom the Bill is payable, then indeed the Drawer
* may
II
Mariui,
2.
\,\m
nology of tlic
( any Country
t Innucnce oij
ir Exchanginj"
ys effedted by
per, as I have
jation of every
riating n Rill
ever give his
of hiH Want
licr he may do
Jourfe, as this
)r.iwer it not
putatioii t and
itagc, without
x-cding in his
inty or Scarcity
is mentioned,
icd to be fuch
ily allow of in
I the Remitter
II the ncccllkry
r CJovcmmcnt j
i 2dly, that it
It the Sum be
tptions can be
1 commanded ;
nor fooner or
ly obferve that
well and truly
rly writ; yt\i\y
! Value of him
)y the Drawer;
he Bill, that it
h obferve, that
Species wherein
iy of the Bill :
where the Bil'
well the Place
Payment muft
[jc for the fame
be an Occafion
jreed for, it is
I.
r only the firft
which are fent
and a Drawer
a repeated Lofs
If Duplicate ot
to the Perfon
to whom it is
bound in the
r arc not com-
ker of the Bill
xd the Drawer
may
0/ BILLS OF EXCHANGE, ^'c, 417
may be faid to be bound to the Party to whom it is payable, ai well as the
Aceptor i or if he who pays the Value be the I'rincipal, and he remits his own
Money by ExchanKc, pavable to his Agent, in this Cale lilcewife both Drawer
and Acceptor may dc ftid to be Iwund to the Purchafrr of the Bill j but for the
generality, in Sums remitted and drawn between Merchant and Merchant, it is
othcrwifc, as the Drawer is properly bound to one, and the Acceptor to another,
though both lit' them arc liable till the Bill be fatisficd ; (b that if the accepted
Bill De not paid at the Time, and Protcrt made for Non-payment, and tnere
be Occalion to commence a Suit in Law againfl the Drawer, it mull be entered
in the Name of the Party from whom the Value was received; and in like
Manner, if a Suit be commenced againil the Acceptor, it muft be made and
profi;cuted in the Name of him to whom the Bill is made payable ; for pro-
bably the Drawer takes no great Notice to whom it is made payable, being
diredVd therein by the Perfon that takes the Bill ; neither doth he who accepts
the Bill much regard the Purchafe*- of it, but only regarding the Party who drew
it (with whom he correfponds) and him to whom it is made payable f to whom
by his Acceptance he binds himfclf for the Payment ;) and fo likewife where there
are any Aflignments on Bills negociated, always the Party that receives the Value
is dircdtly bound td him of whom he hath received it, and the Acceptor to the
laft afligned.
7. If a Merchant, after accepting a Bill of Exchange, becomes infolvcnt, or
hath done or fuffered any thing publickly againft his Credit, in the Interim
before the Bill under his Acceptance falls due, the Holder, on hearing fuch a
Report, Ihould by a Notary demand of the Acceptor a better Security, and on
not obtaining it, caufe a Proteft to be made for want thereof, and fend it away
by the very next Port, that the Remitter may have an immediate Opportunity
to demand and procure Sccmity from the Drawer; and when the Bill is due,
if it is not paid, another Pi icft muft be made for Non-payment, and forwarded
as the other ; for which Protefts the Drawer muft be anfwerable, and pay the
Charge of them jointly with thofe of Poftage, Rr-exchange, (if the Money be re-
drawn) CommilTion and Brokage.
8. When an^ Proteft is received either for Want of Acceptance, or better Se-
curity, the Perfon to whom it is fent muft prefently repair with it to the Drawer
or Indorfer of the Bill, and upon Sight thereof, he muft give a fatisfadtory
Security (if his own is not to Content) for Repayment of the Money received,
with Re-exchange and Charges, if it is not paid when due; and it is cuftomary
in fuch Cafes to make a Depofit fuitahle to the Value, or procure fome Perfon of
unexceptionable Credit to be bound for its pundtual Difcharge.
9. It is cuftomary, as I have oblerved before, for a Drawer in London to deliver
his firft Bill to the Perfon agreed with, on the Day of its Negociation, and to
recover on the fecond and third Bill, retained till the fucceeding Poft, fo that it
has fometimes happened through Misfortunes, though oftener with Diefign, that
the Remitter has abfconded or failed before Payment, fo that the Bill arriving
before the Advice of the Failure or Knavery, is accepted and muft be paid, though
Equity would certainly give Relief to the Party aggrieved, in cafe of Fraud, pro-
vided the Deceiver could be found.
10. And if the Acceptor of fuch a Bill becomes infolvent, or refufes to pay it
when due, the Drawer is obliged for its EUfcharge, with Re-exchange, Provifion,
&c. although he has not received its Value.
11. If a Merchant draws a Bill of Exchange for his own Account, and
remits his Correfpondent others, or Cafti to difcharge it, oi qrders him to
revalue for its Amount) and in this laft Cafe the Redraughts are accepted,
though the Fadtor becomes infolvent, or retires with the Money, whilft the
Bill is running on him, the Merchant (hall be obliged to pay the Bill returned
protefted, with all Charges of Re-exchange, &c. by wnich Means he fur-
nifties not only thefc, but the Value of the Bill twice, fo that a more than
common Regard <hould be had to the Charadter of the Perfon employed in
fu'h Tranfadlions.
It. If a Drawer fails before receiving Value for his Bill given, and the Re-
mitter hath the Bill ilill in his Hands, he fliould reftore it to the Creditors or
5 O Truftecs
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418 0/ BILLS OF EXCH ANGE, (^c,
Truftces of the Drawer's Eft'efts ; but if they refufe to admit it, and infiil on his
performing his Contradt, he is obliged to a Compliance, and muft demand Accept-
ance, and endeavour to produce Payment of the fame, though not till the Cre-
ditors or Truftees who urge him thereto have given him latisfaftory Security,
for the Payment of Re-exchange and incident Charg5«, in cafe this Negociation
(hould return with Protcft ; and till they do this they cannot oblige him to pay
them the Value of the Bill.
13. When a Bill of Exchange is accepted, and not pundually paid when due,
a Proteft for Non-payment is fo far from relealing the Acceptor (as fome have
formerly erroncoufly thought) that it expofes him to the Payment of more than
he was before liable, as by Acceptance he only obliged himfelf to the Dilchargc
of the Sum mentioned in the Bill, but under Proteft muft pay all Cofts, Damages,
Intercfts, &c. and for which he becones liable to an Aftion on the Cafe as foon
as ever the Proteft for Non-payment hath been made, and he may be arrefted for
the fame accordingly.
1 4. lu Cafe of a Remitter's failing, before he has paid the Value, and the
Pcrfon to \,'hom the Bill is drawn, gets Advice of this Occurrence befo/e
Acceptance, a.-<d therefore refufes to accept it; the Bill, on its returning pro-
tefted, ihall be paid (notwithftanding) with all Charges by the Drawer, under
Proof From the Poflcflbr, that he negociated the faid Bill, and paid a juft
Value ibr it: But if the Bill be diredlly forwarded to the Perfon to whom
it is riiode payable, and fcnt him by the Remitter in Payment of a Debt he
was ow'ng him ; then it is dubious whether the Drawer be obliged, as he has
received no Value, nor tlie Poflcflbr in any other Shape made tl fame good.
And though the Drawer in fuch ^ Cafe is obliged to pay extra of what the
Remitter owes him for the Value, the Re-exchange and Charges, yet the faid
Remitter ftands indebted for no more than the bare Import of the Bill, nor
can any thing more be recovered of him.
15. When a Drawer afts fimply for another's Account without engaging
as Surety for the Negociation, if the Value by any Cafualty is not received,
the Lofs will fall on him for whofe Account the Bills were g^vcn, unlefs the
Drawer give the Remitter a Time for Payment, without advilmg his Principal
thereof, or that he has neglcftcd to f^Iemand the Money in the cuftomary Time,
or that the Remitter was at the Time of tranfadUng the Affair known to be in-
i'ulvent, ur apparently declining in his Circumftances ; in any of which (or fimilar)
Cafes, the Drawer ihall fuffer the Lofs, (whether he received any BeneBt or not
thereby) as it was occafioned by his crediting the Remitter.
16. If, througl' the Negligence of a Ncgociator or PoflcflTor of a Bill, the
demanding Acceptance has been omitted or poftponed till the Drawer has
failed, and the Pcrfon it is drawn on, being ignorar^t of what has happened,
accepts the fame when prefented, his Acceptance fliall oblige him to the Pay-
ment, though procured after the Drawer's Infolvencyj but if the Remitter or
Polfeflbr hath negle<f^ed to demand Acceptance, before the Drawer's Failure,
and the Perfon to whom it is directed has Advice thereof, he cannot be com-
pelled to accept the Draught, though prcvwus to the Knowledge of the Drawer's
JVTisfortuncs he had acquainted him with his Intention to honour his Bill,
and even afterwards confeflcs that he ftiould have done it, had it been prefented,
and the Acceptance demanded, before the Advice of the Drawer's Faiiujc
reached him.
1 7. It is tuftom;'r3,' (in London.) for tlie Poflcflbr of a Bill^ to fend it (on
Receipt) to the Mercliant's Houfe, on whom it is drawn, for Acceptance, and
leave It there (if defircd) till the next Day, except the Poft goes out the fame
Day it is received (which often happens from the unavoidable Irregularity of
its Aniral) in which Cafe it ftiould be accepted oi'^protfefted. And in Cafe
a Bill la left fliould happrji to be loft; or miflaid, either by the Pcrfon on
whom it is drawn, or by any of^ his Servants to whom it w^ delivered, fo
that it canpt^t he returned to him who left it, neithef acceifljed nor iinacccpted,
ill this Cafe he who ioft the Bill, (if he intended to accept, or if Jae had accepted
it) fhoiild give a Note under his Hand arid Seal for the Payment of the Sum
mentioned, and to the Party direfted in the Bill, at the Tin(»c limited, or to his
• • Order,
I*'
It?
0/ BILLS OF EXCH ANGE, <^f. 419
Order, upon Delivery of the Second, if it come in Time, or if not, upon that
Note, which is in all Refpefts and Cafes to have the Law Privilege of a Bill
of Exchange, as it is but juft and reafonablc that he who hath loft another's.
Specialty, fliould make it good by fome Means equivalent thereto j and in Cafe
of the faid Note's being refufed, Proteft fhould be immediately made for Non-
acceptance and forwarded to the Remitter, as that for Non-payment (hould
be (though there is neither Bill nor Note to demand 't on) if the CcAtents of
the loft Bill are not fatisfied at the Time limited f^\. Payment.
18. When any Pcrfon has Bills fent him to procure their Acceptance, with
Dircftions to return them or hold tnem at the Orders of the Seconds, Gfc.
and the Perfon to whom they are iv fent either forgets or neglefcs to demand
Acceptance, or if he fuffers the Party on whom they are drawn to delay their
Acceptance, and the Drawers in t!ie Interim fail, he is certainly very blamq
worthy for his CarelelTnefs, and Difregard of complying with his Obligation,
though this will not fubjedt him to a Payment of their Value ; but if he (hould
be urged and prelTed to procure Acceptance and Payment to a Bill fent him, and
(liould protrad: or defer the getting it done, and the Acceptant, being ignorant
of the Drawer's Circumftances, declares he would have accepted it, had it been
timely prefented, the Perfon guilty of this Neglect will be obliged to make gooi
the Lois, that has happened to ms Correfpondent, purely tlirough his.Ouuflioa
and CarelelTncfs. irjc.i f
19. If an Acceptor has heard that a Drawer is failed, he ought not to accept
any of his Draughts afterwards, although he may (whilft ignorant of the Drawer's
Circumftances) haive promifed Honour to his Bills, as hi? fo doing may either
prejudice himfclf or a third Perfon, which he ftiould carefully avoid, and not
engage his Firm without a fufficient Security againft all Claims and Demands,
that may be made either by the Drawer himfelf, or any other in his Right.
20. And the Reafons are equally good againft accepting any Bill from a Bank-
rupt Drawer, though it fliould bear Date before the Time of his Failure, and
equal therein with the Letter of Advice, as fraudulent Dealings are always to be
feared in fuch Cafes, and confequently to be guarded againft ; • beiides i,t is not
fafe to accept a Bill under thefe Ciicumftances, I mean m Point of Laws there-
fore every prudent Man will be cautious to fecure himfelf,
21. If any one be drawn upon, on the Account of a third Perfon, aijd Itefoiie
accepting has Advice of the Drawer's Failingi be ought not . to accept thie
Draught, though he has promifed the Drawer he would, as his Acceptanqe
may be prejudicid to him; for if he hcs not Eftcds in his Hand^t the Perfon
for whole Account it is drawn, will naturally and neafonably fi;ruple tbe
fatisfying the Value, or if he fliould, it will be a Detriment and Lofs tQ him,
if the other has not a Sufficiency in Hand to anfwer the Bills. And he ought
more efpecially to icfufc Acceptance to any Bills of a Drawer who has .failed,
if the Perlbn for whofe Account the fame is drawn, advifes.of the Drawer's
Infolvency, or on Sufpicion of its Approach hath forbidden the Acceptant fo
accept any of the Drawer's Bills for his Account, although he may have d4re<^«d
the Acceptance of them before- i
22. When any Dnwer fails, the \^uxciptof la not obliged to give better Se-
curity for Payment, but the Poffeflbr muft have Patience till the BiU faHs
due, before he has any Demand. on the Acceptor; but then the Acceptor is
obliged to pay, though he acc«|>ted fgrihc Dmwer'ft.Accwint, and mtbfiut any
Etrofts in Hand. /s.vo^i.f -jii "(.m tl.^.'' , • j ■ •'.o ' o:li . , ' '
23. But if an Acceptor (tki a DrawM's -beillg failed) denies Payment of a
Bill, the Holder is not obliged to return it vjith Proteft to the Place from
whence it was drawn, as it is apparent that the Re-exchanges and Charges
are not recoverable itam the Drawer, who muA thercfoce» after, Frate^ nude,
be proceeded againft without Delay by Attachment, Qfr. i 'r ! ii ,• i, i,^
24. If an Acceptant fails, or abfents himielf, the PoirefTdr is obligeid; as foon
as he has Notice of -the Tnith thereof, lo get a Proteft made hy a Notary
Publiok in due Tim^, xud to lead the fame, with the Biil, tb the Actnitter,
that he may procure Satisfadtion from the Drawer t ami Advioe ithould.iioC only
be immediately given to him, bi>t even to tlie laft Indorfer, that every one con-
2 \ cerned
II
^i:mt
'■.i'',:V'!.-'
Sf .
m
1
410 0/BILLSofEXCHANGE,
c.
V':.'-h\
1^^ ■: ..I-
cerncd may be acquainted with the Occurrence, and the Drawer thereby ini-
powefed to order fomc other to pay his Bill if he pleafes, and thereby prevent the
Jbofs which Re-exchanges bring with them.
25. If the Holder of a Bill, cither through Negligence, Ignorance of the Ciif-
tom, or of the Acceptor's Failure, or that becaufe the Bill did not come to Hand
till after it was due, or from any other Caufe or Motive, he did not, or could
not, have it protefted by a Notary Publlck, nor fent it away either before or after
it was due, till probably on the laft Rcfpite Day j yet this Negligence or Ignorance
doth not hinder the Poffcffor's having Redrefs on ihe Drawer and Indorfer, altho'
the Acceptant failed before it became due.
26. When an Acceptor fails before the Day of Payment, and the Bill is made
payable to Order, the Poffeffor fliould, as foon as poflible, get a Proteft made,
and fent to the firft Remitter, though he mu(t retain the Bill till it falls dr.c, that
in cafe the Drawer (hould think proper to order the Payment of his Bill by any
other, the Poffeffor may be ready to receive it.
27. If, when an Acceptor is failed, any other offers to accept and pay the
Bill for the Honour of the Drawer or of any Indorfer, the Poffeffor is not obliged
to admit the Offer, if he has any Reafon to fufpeft the Circumftances of th"
Perfon who makes it ; but if he has not, or if the faid Perfon will give fuf-
ficient Security for his Compliance, the Holder cannot refufe it.
28. Though it ihould be remembered that it is not fafe to accept a Bill, whofe
firft Acceptor has failed, but under Pn teft declarative of his Motives to it, which
Proteft fhould be immediately fent to the Dra"^ei. or to him for whofe Ac-
count it is accepted, with the Notary's Atteft-- ;on of its being accepted for
his Honour. ^
29. Though the Failure of an Acceptor be certain!/ known, and even acknow-
ledged by the Drawer himfelf, yet this latter is not obliged to give any Satis-
fadfion or Security to the Remitter till he produces the Proteft; but if this is
fent without the Bills, or the Bills without that, or both Bills and Proteft are
returned together, and thefe or either of them ftiewn to the Drawer, he is
obliged to give immediate Satisfadion, or Caution for the Payment of Re-
exchange and Charges; though it would be imprudent in a Drawer to make
Reftitution of the VaJue received, or of the Re-exchange and Charges, only upon
producing a Proteft for the Acceptant's Infolvency ; but upon producing this,
and a Requifition thereto, he hould give Security for the Payment thereof, at
the Place where it is made payable, provided it can be done in Time; if not, for
the Re-exchange, when the Bill that was accepted by the infolvcnt Perfon ihall
be produced ; and till the faid Bill be produced, he need not reftore nor repay
any thing, without fufficient Security to deliver the Bill, and a full Difcharge
from all future Demands; and to make Reftitution thereof with Intereft, in
cafe the faid Bill be paid to any Perfon (fupra Proteft.) But if there is not
Time enough to order the Bill's Difcharge at the Place it was drawn on, the
Drawer muft give the Remitter Security to pay it at that it was drawn from, as
loon as it becomes due.
30. A Drawer or Indorfer is as much obliged to the Poffeffor of a Bill, pro-
tefted for an Acceptor's Infolvency, as they would be if the Bill was protefted for
Non-acceptance.
3 1 . When a Perfon is drawn upon and remitted to, in Bills payable to him-
felf, and hath advifed that he has accepted the Draught, if he fails before the
Bill becomes due, the Lofs muft fall upon the Drawer, or upon him for whofe
Account he drew, and -• will be obliged to make good the Re-cxchange and
Charges, though it be ni. : protefted in due Form and Courfe ; but if he tails on
the Day of Payment, or after, then the Bill is confidered as paid, and the Lois
muft be borne by him for whofe Account it was drawn, though it ihould be
protefted within the Days of Refpite. 1
32. When a Bill is drawn for tne Account of a. third Pcfon, and is accepted
according to its Tenor for his Account, and he fails without making Provilion for
its Payment, the Acceptor is obliged to difcharge his accepted Draught, without
having any Redrefs againft the' Drawer.
I 33. If
Of B I L L S OF E XiC H A^N O^, ^. 421
33. If a Perlon on, whom a BUI is drawn> fcrupfc^ ihe accepting it fot the
Account of hinft it is advifed to be ilrawn.for, or if through Wittit of Advice'
l)c is ignorant for whpft Account it isdraw^i, he 'ttwy. accept thqj6n«:l/J/i<^rtf^
Protfft) if' he pleafcs, for the Account aod HJjnour lot. the Draweiijj, ..') .
34. When a Bdl is made payable to Order, andindcirfwl by a fw^aji^iai Man,
before Acceptance t>p demanded, and the Acceptor fcruples to accept it , for \Ac-
<;ount ofithe Diiawcr» or for the Aecotot of lum itiifcrfavm for» h»'m*y<(if he
thinks proper) do xtjiipra Proteftc'irQr th« HQnourof the Indorfcr-jj aftd in thiis
Cafck hic muft firft havr a formal Proteft made for Non-aoceptanpe, )Mnd ihould
fend itr!lvi|^o,ut Delay: tOivhe faid Indarfer, for whofe H(>rtour and Account he hatji
accepted the Bill.
j(5<;A)l! At^ceptaJice^ yifr/>r<z {h-oteft, pbligeS ithe Acceptant as abfolutely tathe
Payincnl, sis if no Proteft h^d intervened* it being indifferent. to the Poffeffor of
a Bill for, whofi; Account the fame is apcepted, aqd he hath liis Redrefs and:
Remedy as fufliciently as ever againft all the Indorfers and Drawers, iC the I^^y^.
ment 1* not pun<fluaUy made hy the Acceptor at the 7^im9 of its falling due. '
36. The Poffeffor of a Bill niuft he ijTatisfied and content with an Acceptance^
fupra, Proteft, if offered Iqr a refponfiblc Perfpn (as it is of no Iniportancc .to
him: (Whether it is accepted funply or und^r a Proteft, as the A' ceptant pays %ha
Charges) except h^^had Orders frcan.fhe Repitter, :not to, «dmit of fUch an
Acceptance, in which Cafe he ftiould and o'ught to proteft, if, a fimple Ac-,
ccptance is. refufed.
37. When, a Bill is accepted,^/>r<» Prttcft, and the Holder is not fatisfied
flierewith, but by the Notary Publickipnd Witnefl^ demands a fimple Ac-
ceptance, and, upon Refufal, makes a Proteft,} the Acceptant (if he continues
relolved not to accept fimplyand freely,) if hould renounce tlie Acceptauci^- he had
made, and infift that it be ib inferted in the I'roteft, apd be conlidered as null
and void, as if it had never beqn don?, 1 otherwife he will a(ft imprudendy, and
may fuffer for it.
38. Neither the Poffeffor of a Bill, nor he that may demand Acceptance, nor
any third Perfon whatfoever, may accept a Bill of Exchange previo<iis to a
Refufal iiom hini it is drawn on, or that, h^ cannot be, found, and hath left
no Order for the Acceptance ; in any of which Cafes, either the Poffeffor him-
fclf, or any other, may accept it (under Proteft) after caufing it to be protefted
for Non-acceptance ; and, the Method of acc^ting fufra Proteft is as follows,
viz. the Acceptant muft perfonally appear before a Notary Publick with Wit-
n^es (whether the fame that protefted the Bill 01; not is of no Importance)
and declare that he doth accept fuch a protefted Bill in Honour of the Drawer,
or Indorfer, &c. and that he will fatisfy the fame at the appointed Time ; and
then he muft fubfcribe the Bill with his own Hand, thus. Accepted Jupra Proteft,
in HoHsur of I. B. Sec. . ,_,..,
39. An Acceptance, fupra Proteft, may be fo worded, that though it be in-
tended for the Honour of the Drawer, yet it may equally pblige the Indorfer, and
in fuch Cafe it muft be fent to the latter ; but fuch an Acceptance tends rather
to the Difcredit than the Honour of the Drawer.
40. When the Poffeffor of a Bill hath admitted of a third Perfon's Acceptance,
fupra Proteft, in Honour of the Drawer, then the Drawer is freed from any
Obligation to give a further Satisfaction to the Remitter ; but jf the Acceptance
be made in Honour of an Indorfer only, the Bill is as abfoli^tely protdted in
refped of the Drawer, and he obliged to give Satisfaction either to the Indorfer
(for whofe Honour it was accepted) or to the Remitter, as uf the Acceptance
(under Proteft) had nr\ er been made. :
41. If a Bill be |>rotefted ^r Non-acceptance, and after being accepted
(fupra Proteft) by a third Perlbn, the intended Acceptant (on receiving frcftj
Advices and Orders) determines to accept and pay it ; the Acceptor (under
Proteft) may fuffer it, though the Poffeftor cai^ot be obUged to free him from
his Acceptance ; and in cafe the two Acceptors agreed, he that was originally
defigncd fuch, is pbliged to pay him who has accepted Jupra Proteft, his Com-
miftion, Charges, &c. as it wa%,by his Acceptance th|^ the Bill was prevented
from being returned protefted. ',:ui'\ci
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42. Any >to thkt wMI, may fjhpra ProteA) accept a proteftcd Bill for the
Honour of the Drawerr - or any {Nirtkulin- Drawer thM was before accepted
/V»/M Proteft) in Honour aUb of fomcf <Nie particular but later Indorfer, and
ue firft /ccejKant is obUeed to aUovir of ^ iiunei and yet remain obliged for
his toA Aeeefiancei but um kA AcciapOilt is oblind to pay and allow Provifion
and Charges to the firfW fcr the Raaftms affigned In the jpreceding Cafe.
41. H« thil accepts « Wifufru Prot«ft, pnu hiiAfelf abfolutely in the Aead
of tM Arft defigned Aoceptant, and f»'ObU|ed Q> make the Payment without
any Exception j and the PofleiTor hath the lame Right and Law againA fuch
an Acc^ptdTy as he would have had agdtnft the ivft intended one, if he had
accepted.
44. When any one accepts a Billyir/r« ProteOf, he may lawfully dismand a
RecOmpenoe fbr ^e Credit given him* fbr wh<Mfe Honour he accepted it, at
leaft his Commifiion, Pc^a|ie> and other Cranes j and in cafe he fhould be
forced to take his Rkimimrrement by Rtdraughts on the Perfbns for whofe
Account he accepted and pays, his Bill ought to meet with a; jufl and ready
CompliftnGe, befides a grateful Acknowledgement of the Favour. > ■■<■'■ >
45. Nb one fhould accept a Bill unde#l>rbt<fl for the Drawer's tfdn6\lir; til!
he has firfl learned the Reafons froin the intended Acoeptant, for his fufString it
to be pttit^fkd { but if the Acceptance be in Honour of an Indorfer, fuch an
Enquiry is needlefs.
46. Though the Drawer of a Bill, under Proteft for Non-acoepta*;.*** and
his Ham'i'Writing, be never fb well kriown', yet eveiy one fhould' b« cautious
in accepting \x. Jitpra Proteft for 'his HMoor, provided the Perfon fbr whofq
Account tt Was drawn, be onknown, wid Cannot be found'. ,. it'iji'
^f. Any one acceptine a W\'jkpra Protefl, either for the Honour of the
Drawer or an Indorfer, though it> be done without their Orders, or Knowledge,
yet he hath his Redrcfs and Remedy on the Perfon for' Whole Honour he ac-
cepted it, who is obliged to indemnify him, as if had aded cntire}y by his
Diredlions. ..: >'.,.i
48. If the Acceptant of a Bill, under Proteft, for the Hon(fllf of a d#awer
or Indorfer, receive his Approbation of the Acceptance mad^, the Acteptant
may freely pay die Rll, without any Proteft for Non-payment ; but if^ the
Perfon, for whofe Honour the Bill was accepted, returns no Anfwer to the
Advice, or regies with a Difapproval thereof, untbankfiilly Remarking that it
was done without Orders j in this Cafe the Acc^tant,^r^r<i PhJtefti muft caufe
a formal one to be drawn up fbr Non-payment, againft nim to whom (he ffill
was dtredbed, and on his cdntinuing ttf refufe Paymem, and' he that has ac-
cepted it, is obliged to do it fbr him; he fhoilld engage the PofTeHbr to transfer
all his A^on, Right, and Law of the Bill to him; for though this is nbt
abfolutely neceflary, yet it will corroborate his Demands when he coMes to have
recbarfe againft the Pfcrlbn fbf whofe Honour he accepted it (Vvhcthcir Diiawer
Or Indorfer) or on any of . the former Indorfefs. ■''
49. He that Accepts a Bill in Honour of the Drawer, hath no Remedy
againft any of the Inciqrfers, becaufe he oMigeth himfelf only for the Drawer ;
and h^s that accepts ifor the Honour ttf an Indorfer, can nave no Advantage
from any one, fubfequent to him for whofe Honour he accepted j but he and
all that were before him (the Drawer indttdtd) are obl^;tid to make the Ac-
ceptor Satisfadion.
50. When a Bill is protefled for Non-pigment, any Man may pay the fame
(under Proteft) fbr the Drawer's or Indorfir's Honour, even he that made, or
he that fufFered the Proteft.
51. A Man, after having freely and wilHngly accepted a Bill, cannot fatisfy
the fame under Pfoteft, in Hortour isf aft Indorfer, becaufe he, as Acceptant,
is already obliged to him ; but an intended Acceptant, not having yet accepted
the Bills, may dlfcharge them fbr the Honour of the Indorfer or Draw*, as if
he was a third Perfon unconcerned.
52. When a Perfon has Bills pafftd on him fbr the Drawer's Account, who,
having made no Provtlidn for the Payment thereof, gives the Acceptor Room
tu fear he fhall have fome Difficulty in obtaining a R-eimburfement ; in fuch
Cafe,
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0/ BILLS OF EXCHANGE, &c.
Cafe, this latter may fuflfcr them to be proteiled when due, and afterwarda
f\thg pay them himfel/, or fbme other for him, under Proteft, caufing the
Rilnt and Tide to be thinsfarred to him, to enable him to profecute the Drawer
in cafe of Need, or by thifi Means the more ea/ily to prevail on hiqfi to refund
the Vahie he received, when probably it would be di$cult to perfuade him to
reimbttrft what the Acceptor nas paid^r hiitt, '
jj. No Man rouft pay a Bill under Prdtfeft fof Nbrt-paym?Bt, till he ha» de-
clared befbrc a Notary Publick, fot whoft Honour he difcharges it, whereof
the Notary Inuft fijve an Account to the Parties concerned, either jointly with
the Protell, or in a ieparate Inftrumi^nt or Adt,
54. He that pay? a BWl /upra Proteft, immediately fucceeds the Pofleflbr
in the Right and Title thereof, at^ough tiicrc be no fortnal Transfer made,
nof fto CcJ/io A&ienis from the Hbltter to^ the Pswcr ; yet to prevent all
EM^utes,' It may be more advifeabie^ efpccially in (ome Cafes, to have this
Cejfion made in Form, and to this thfc PoflefTor is ol)liged whenever it is de-
manded of him.
5^, The Pofleflbr of a Bill, protcfted for Non-payment, is not obliged to
admit of its Difcharge from a third PerlbW (fupra Proteft) either in Honour of
the Drawer or any iQdOrfer, . untefs ne declare and prove that the Honour of that
Bill was particularly recommended 10 him j in vvnich Cafe the Holder is ab'*
iblutely obliged to admit the Payment from him, as if the intejided A<;ceptant
had difchargcd it. '
56. But if the prottflted Bill be indorfed by the Pofleflbr's Corr^fpondcnti and
was retnlttcd by him, then the Pofleflfbr, if he adls circumlpcdlly, wilj not
admit of any Payment in Honour of the Indorfements, but under the exprcfs
Condition that the Payer fhall haVe no ^cdreis or Reh^ddy againft the faid Cor-
refpondertt.
57. He that difcharges a Bill protcfted for Non-payment, in Honour of the
Drawer, hath no Remedy agajnft the Indorfers 1 though he that honours a Bill
(protcfted for Non-payment) for an Indorfer, hath his Remedy not only againft
the faid Indorfer, but againft all that were before him (inpluding the Drawer)
though he hath no A(ftion, Law, ok Right agahjft the' Indorfers that follow him,
for whofe Account the Payer was willing to difcharge the Bilii as has been
mentioned about accepting Bills, S^. 49.
58. When feveral perfons offer to hortoui' \ pi^efted Bill, for Non-payment,
he that proffbrs to do it in Honour of the Drawer fhould firft be adn^tted, and
then he that intends the fame for the earlleft Indorfer.
59. When a Bill is paid, under Proteft, in Hbftour of an Indorferi and the
Acceptant advifeth the Payer that there is another (or that he hirnfelf) \vill
difcharge it for the Honour of an earlier Indorfer or of- the Drawer, and this
befbre he that paid hath reimburfed hiplialf by redrawing, then he is obliged
to admit of it from the fecond, and to transfcr his Right to him, though the
fecond Payer will be bbliged to refund (o the fiffl, not only his Charges, but
half Commiflion ahb. ^^'^ *^^.^.......
60. Men fhould be very circumfped 4nd cautious in accepting or paying Bills
for the Honour of the Drawers, and fli]l more fo when they do it for th?
Honour of an Indorfer ; and ought tb be very well acquainted with the Character
and Cifcumftances of the Perfon for whom they engage their Firm, or pay their
Money ; and this Precaution is more efpecially to Ax obferved, when a iblvent
Acceptor fuffers a Proteft for Non-payment, and his Reafons fqr fo doing arc
fbiftly to be enquired after, previous to a Payment for the Honour of any ope
concerhed, as they may be fuch as might diffuade any other frpin paying them
jupra Proteft, though if they are entirely fatisfied of the Subffancc c* the Ac-
ceptbr, they may with lefs Fear pay the Bill, as he is obliged fof M%. Di&hargei
in cafe the Drawer o>- Indorfers refufb,
6 1 . If the Proteft for Non-payment be fent away, it is unsufvifeable to offer
Payment under Proteft, thougn tlie Bill be ftilj retained, unfcfs the Pofleflbr
will give fufiicient Security to make Reftitution, in cafe the Drawer or Indorfer
fhould have repaid the Value aqd Charges, or otherwife agreed with the Re-
mitters.
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, 62. A, more than ordinary Cirv'umrpeCtioii is likewife required in the Pay-
ment of* Bills ("rtajsr Protcft) that are made payable tj Order, and at fomc Days
^glU|. wlieh lilicre hath "been any N^left in the procuring Acceptance; ^pd,
ibo^ ibl, Mcin fliouldjje fearfu? to meddle with Bills that were not duly and
timely .protefted. , ;
63. Whcii a Bill Is paici, /upri^ Prpteft> in filonour of the Drawer or In-
dorlcr, the Payer urualfy (if he has no Bffe^ts in his Handi) redraws the fame
ditedHy dh him for whole Account he paid it, with the Addition to the Sum
mentioned In the Bill, of th^ Ch^ges of Protr!\, Brokerage, Poftage, and
Cbrnmiflion. ;
64. And when he that pays unAtt 'Pro^eft h^th revahied for his Advance,
he ought, with the Advice of his Draughts, to iend the Proteft with the
prot^ftcd fahd by him difchargcd), Bills of Exchange', jointly with the Inilru-
ment of his tendered Payment anil its. Ac()^uitut)ce, to his Corrcfpondent, that
they may be fhewri to th^ Pcrfon, for whqfe Honour he paid, at the Time of
demanding Acceptance of his Bills for Rcimburfement, which ought in Gra-
titude to be punctually coqiplied with ; though if it Ihould not, and the Perfon
drawn dii fefufe$ Acceptance and Payment, he may be compelled thereto, as
well as to defray all the Drawer's Charges and Pama§es, the Right being now
ih him, either by or without a Transfer of, it from the fii-ft Poflc&r, as has been
before explained.
65. If a Drawer make any Difpute, and alledge that his Bill was accepted,
and therefore the Remitter mufl: leek bis Redreis from the Acccptant, &c. he
Hiould be informed that he muA primarily be applied to before it can be fued
for from the Acceptor ; and if a drawer hsfS any ^Sufpiqion that his Bill (though
stccepted) WiI^ ndt be paidj be fhould recommend the Care of it to fome other
"Perfon for his own Credit, who may afterwards have Recourfe againfl the Ac-
ceptor, as this latter's refufing Payment expofes him to immediate Execution.
;, 66. In cafe! of a Perfon'sjcefuIlpg.'rayrn^Ot of his acccpt^sd Bills when due,
ihey ought to be proteftcd, ,and fent with^tnc Proteft to the Remitter or Drawer,
'<vhiclh of tlie two it was that forwarded tbem, except they fliould order their
k^^orrifpondent ' to detain the.BiJJ, with u.Profpedl of obtaining their Diicharge
from the Acceptor. ' ' atv^ " „-.■ , ,^
67. "the Pofleflbr of an indorfed acQepttd Bil|, protcfted for Non-payment,
and not difchargcd fujira PrpteA, hath his Redrefs on the Drawer and all the
Indorfers ; and therelore it is ufual ^or the PoiTelTor of fuch a Bill to redravf for
its Value, &c. on him froin wh9m he received it, whether he be the firft
Remitter, or any other Ihdqrfex,; but if he is not to be found, or has failed, or
}{ it is more for the Poflcflbr's Cohveriieiicy, or to comply with the Requeft of
a later Indorfer, , he may dravv upon fome earlier Indorfer, and demand of Iiim
or the Drawer, Reftitution of the Value and Charges, and, in cafe of Refufal,
compel him to itj but, however, the Perfon from whom he received, or with
\tr)iom he ncgpciated the Bill, Is obliged to refund, and he again hath his
ftedrefs OH the Acceptant,' Drawer, or any other earlier Indorfer.
68. The PofrefTor of fuch a Bill muft not diredUy demand Reftitution from
the Drawer, before he has given Notice of the Non-payment and Proteft to
the Indorfers, )eft he lofe his Redrefs on them ; and he fhould, as well in cafe
of Proteft for Non-acceptance as for Non-payment, advife the Remitter thereof
Without Delay, and fend him a Copy of the Proteft, that he may get Security
from the Drawer.
69. No Bills of Exchange, protefted or to be protefted, can be attached in
the Notary's Hands, except only when an Acceptor can demonftrate that he
hath fully paid their Contents, and in this Cafe the Attachment will lie ; othcr-
vvife it is of no Force or Validity j. and the Notary may, nay muft when de-
manded, reDFore the Bill and Proteft to him from whom he received it, to ad
therewith as he Hiall judge convenient.
70. No Pcrfon can be compelled to pay a Bill which he has not accepted ;
nor the Drawer or Indorfer to the making Reftitution, unlefs the Bill be re-
turned with Proteft for Non-payment ; but if it is, and the Proteft is in all
Circumftances rightly made, he that gave or negociated the Bill muft make
immediate
0/ BILLS OF EXCHANGE, ^c. 425
immediate and pundlual Satisfadtion for the Value, Re-exchange, Commiflion,
Brokage, Poftagc and Proteft.
71. The Drawer of a Bill payable to Order, is no farther obliged (though the
protefled Bill was indorfed in fcveral Places, and returned the fame Ways) iian
for Payment of the Redraught made from the Place where the Bill was to b'j dif-
charged dircdtly to that wnere it was drawn, and at fuch a Crourfe of Exchange
as tlien governed ; and the Indorfers are likewifc no farther obliged than for the
Revaluing from the Place intended for its Payment direfJy to that where it was
rcfpedtively indorfed by them.
72. When a Bill is in the fame Place fucceflivcly indorfed by feveral Pcrfons,
and is returned witli Proteft to the laft Indorfer, he is obliged inftantly to make
Satisfaction, either by himfclf or by fome other Indorfer before him, or for himj
and if he pay, and fatisfy it himfelf, he is not then to demand Provifion or
Charges of the other Indorfers or Drawer in the fame Place, more than what
he has adually paid.
73. The Remitter or Poflcflbr of a Bill protefted for Non-payment, is not
precifely obliged to follicit Reftitution from the Drawer or Indorler, if he had
rather feek his Redrefs from the Acceptor; and on the contrary, he need not
regard the Acceptant, if he prefers fceking Satisfadlion from the Drawer or In-
dorfer, nor is he obliged lo allow them . ny Time for the Payment, but may, if
it be not punctually complied with, proceed againft which of them he pleafcs.
74. No Drawer or Indorfer is obliged to make Reftitution on fight ol the
Proteft alone, nor on fight of the Proteft and the unaccepted Bill, when one
of them hath been accepted; but he is obliged to give a fatisfadory Security
to the Remitter on his producing only the Proteft, and to make Payment when
this and the accepted Bill are prefentcd together.
75. If a Perfon who has accepted a Bill, refufes Payment when it is due,
and the Bill, on being returned with Proteft that the Drawer may fatisfy it, meets
with a Refufdl from him alfo, and is fent back again to the PofTeflbr, this latter
in fuch Cafe has as much Right and Law againft the Acceptor as againft the
Drawer, and may force either of them to a Compliance.
76. Though the Poflcflbr of an accepted Bill hath no Redrefs againft the Drawer,
if he omits to proteft it for Non-payment, till the Days of Grace are expired, yet
if the Drawer be ftill in Credit, he muft fend it to him with the Proteft, as till
this is done, and they are returned, he cannot compel the Acceptant to dif-
charge it.
yy. When a Bill is made payable for the Drawer's own Account, and is not
difcharged when due, but protefted for Non-payment, the Poflcflbr need not
return it on the Drawer, but may inftantly compel him to make Satisfadion
whenever he is found.
78. The Acceptant of an indorfed Bill, protefted for Non-payment, cannot be
proceeded againft by Arreft or Attachment, though any one or all the Indorfers
refufe to make Satisfaction, unlefs the Drawer alfo refufe to do it, and this be
proved by good Evidence 5 and the Acceptant of a Bill returned to the Drawer
with Proteft for Non-payment, and fent back undifcharged by 'Mm, is only
obliged to pay the Exchange and Rechange, Provifions, and Poftage, without
any other Charges.
79. And the Exchange is reckoned according to the Courfe at Sight at that
Time and Place where the Proteft is made, to the Place where the Payment
fliould be made by the Drawer; but if it is not complied with there, then the
Sum is again encreafcd, by the Commiflion and Poftage being added, and the
Courfe is now reckoned upon the whole Sum, according as it fhall govern at
that Time and Place upon Sight, to the Place where the Bill is to be paid,
and the Acceptant is obliged to pay the Rechange and all the Charges, although
the Parcel was not effectually negociated and redrawn, /'. e. Rechange, P.ovifion,
and Poftage muft be twice paid, Off. as Provifion twice for the Exchange and
Rechange ; the Charges being only for Poftage and Protefts, unlefs the Acceptant
(by Delays and Excufes) forces the Pofleflor upon fome neceflary Charges to
recover, which the Acceptant is obUged to pay j but no extraordinary ones, fuch
as Travelling, &c. will be allowed.
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8o. And if the Acceptant under the aforomentionci CircumAances refufe im-
mediate Payment to the returned Bill, a legal Interci^ may be charged him,
from the Day that the Bill was due to the Time of its Uiicharge j though he
(hall not be obliged to make good any other Lofs or Damage thian thofe before-
mentioned, notwithtlanding die ExprcfTions ufed in the Prot^ft, as thefe are
not to be conftrued as obligatory on tlic Acceptant to fatiefy any Lofs or Damage
which the Poflcffor may pretend he has luffered f-om a Want of punctual
Payment, and by this Means fruArating his Defigns ot' fome beneficial Engage-
ment, or Lofs of a convenient Opportunity for advantagcoully employing die
Sum detained.
8i. When a Drawer is not of an eftablifhed Credit in the Commerce of the
Place he is fetded at, it is common for fome Merchant, who inclines to forward
and protetft, at firfl to indorfe his Bills, till Time and Opportunity have rendered
him and his D-^alings better known; but if any fuch Friend excufcs to indoric
his Bills, and yet has a Mind to ferve him, it is frequent on fuch Occalions
for that Friend to fubfcribe the fecwd or third Bill, which is done by the fole
letting his Name under that of the Drawer, witltout adding a finglc Syllable
thereto, as this doth as fully and amply oblige him as it does the Drawer,
though the Obligadon only extends to the Bill fo fubfcribed, for which the
Underwriter is anfwcrable to the Remitter, or any other this latter negociatcs it
with J but if the Remitter keeps the fubfcribed Bill himfelf, and the Poflcffor of
the other two unfubfcribed would feek any Redrefs againil the Security, he
cannot for want of the Bill that is fubfcribed; but as fuch Negociations are
only pradtifed for the Safety and Sadsfadtion of the Deliverer, without an In-
tention in any Shape to discredit the Drawer, they are ufually concealed, and
the fubfcribed Bill fcldom fent away.
82. And when fuch fubfcribed Bills are fatisfied, they Hiould be returned to
the principal Drawer, as he in the iirft Bill acknowledges to have received the
Value, and the Remitter would be very imprudent if. he paid it to the Subfcriber
though he contracted with him, and regards his Firm more than that of the
Drawer's ; but the Subfcribcr Hiould take care to enquire of the Remitter or Pof-
feffor, whether the Bill was pundtually complied with when due, that he may
ibr his Security have that carrying his Firm cancelled.
83. Exchange is made in the Name, and for the Account of a third Per-
fon, when any one adts therein by the Order, fuU Power, and Authority of
another, which is commonly term'd Procuration; and thefe Bills may be
draw.!, fubfcribed, indorfed, accepted and negociated, not in the Name or for
the Account of the Manager or Tranfader o*' any or all of thefe Branches of
Remittances, but in the Name and for the Account of the Perfon who au-
thorized him.
84. And as fuch an unlimited Power, if abuied, may be of the moll fatal
Confequence to the Giver of it, who certainly puts his Welfare and Fortune in
his Procurator's Hands, it ought not lighdy to be granted, nor till the moil fedate
Reflexions and thorough Knowledge of the Peribn will juiUfy the Step, and
bring it within die Limits of Prudence ; therefore a difcreet Man will not hajioid
his Subftance by fuch a Subftitution, except through mere Neceflity, and then
will adl with all the Circumfpedtion poflible in his Choice; and when he has
pafied his Nomination, and authentically fubftituted his Agent, hfr muil advii'e
thofe Correfpondents on whom his Procurator may occalionally want to draw,
&c. with his having given fuch a Power, and deiiring them to honour the Firm
of his Subftitute, whenever made ufe of for his Account.
85. And he that by fuch a Procuradon does either negociate, draw, indorle,
fubfcribe or accept Bills of Exchange, by fubfcribing his own Name and Quality
(that is, the Attorney of his Employer) does thereby as effedlually oblige his
Principal as if he himfelf had firmed, whilfl the Procurator is not in the leafl
obligated ; but if any one, under the Pretence of having a full Power from a
Perfon of Credit, trenfadh any Bufinefs for his own Account, he is not only
obliged to perform all that he hath negociated in the Name of another Per-
fon, but is likewife liable to be punifhed feverely for the Deceit; and fuch a
Pretence no way obliges the Perfon whofe Name is made ufc of therein.
1 86. It
j,-*;
0/ BILLS OF EXCHANGE, C^f.
86. It will therefore be prudent in every Remitter or Pofleffor of Bills to rc-
fufe any Drawings or Acceptance by the Wife, Servant, Ofc. of thofc they pre-
tend to reprefent, unlefs they firft produce the Power they fay they adl under,
and this be in every Refpedt full and fatisfadlory, and neither antiquated, recalled,
or cancelled ; and it is alTcrted by Mariut and others, that a Merchant's Letter to
his Wife, Friend, Servant, oi any other, to accept Bills of Exchange, is not
fufficient without a Power of Attorney in Form ; though if there (hould be no
fuch Inllrument made to either of the aforementioned Pcrfons, yet if cither of
them have formerly in the Principal's Abfence ufually accepted his Bills, and he
approved thereof at his Return, I biclieve on Proof of this it would always be con-
ftrued as his Intention, and be as valid and binding as a legal and formal In-
ftrument.
87. In Negociations of Bills, the Procurator (hould, bctbre he concludes any,
advife the Perfon treating with him, of the Quality in which he adts, that he
may be fatisfied of the Validity of his Deputation ; for if without mentioning
any thing thereof previous to his Contradting, either by himfelf or a Broker, the
other Party is not obliged to ftand to the Agreement, or pay him any Money if
he has adled as a Drawer, but may reful'e to have any thing to do with him;
though, on the contrary, the PoiTefTor of a Bill mud admit the Acceptance of a
Procurator, provided his Letter of Attorney b'^ general, or exprefsly declaring
that all Bills by him accepted, are for Account of the Principal, or limited
only to the Acceptance of thofe Bills that the Poflcflbr has; but if the Pro-
curation be not clear and exprcfs in thefe Particulars, then the Holder is not
obliged to admit the Acceptance of one whofe Power to perform it is doubtful
or infufiicient.
88. When Bills of Exchange are drawn on one Place, and made payable in
another, the Intention of fuch a Draught fhould be mentioned at the Time of
Agreement, otherwife it is not binding; and when Bills are drawn in this Man-
ner, it is cuflomary for the Acceptant to mention the Houfe they are to be
paid at. As for Example; A. B. of London draws 500 Dollars on C D. 01
Bilboa, payable in Madrid, which the Remitter fends to his Corrcfpondent there,
and he to his at Bilboa, where being prefented to the faid C. D. he accepts it
to be paid by £. F. (or in the Houfe of £. F.) of Madrid, and takes care to
furnifh the necellary Fund in Time for its Difcharge, otherwife the Bill will be
protefted for Non-payment in Madrid, as £. F. lies under no Obligation to pay
it, if he has not EfFedls of the Acceptant's in his Hands, neither is ne obliged to
declare whether he will pay it or not before it is due.
89. It is fometimes cuftomary in Cafes like the above, for the Remitter (if he
has no Corrcfpondent at the Place the Bill it drawn on) to delire the Drawer to
fend the firft for Acceptance, and to return it accepted to him, or elfewhere as
he fliall diredt, which the Drawer cannot well refufe, though he is not ftridlly
obliged to a Comjaliance ; however, when once conlented to, and he does not
return the Bill accepted in a convenient Time to the Remitter, or forward it
according to his Order, this latter fhould fend the fecond Bill to fome other Per-
fon to procure Acceptance (as he cannot oblige the Drawer to give him any
farther SatisfadUon) in cafe this has not been done to the firft, and if refuled, to
enter a Proteft.
90. If the Acceptant of a Bill does not live in the Place where it is papble
(as in the foregoing Cafes) and in order to difcharge it, remits the Holder other
Bills due the fame Time lus is, the faid Holder is not obliged to admit them in
Paynoent, and if he confents to it may juftly demand his Commiflion on them,
as he has a double Trouble in the Recovery of his Money ; and on the contrary,
if the Pofleflbr defires the Acceptant to fend him the Value of the Bill in others
or in Specie, the Acceptant is under no Obligation to comply, unlefs he has an
Allowance of a Provifion for his Pains.
91. If the Perfon to whom the Bill is addreffed will not accept it, a Proteft
muft be entered asainft him for Non-acceptance, but that for Non-payment is
properly made (as before obferved) at the Place where the Bill is payable ; and
though the Pofteflbr is under no Obligation to feek elfewhere for Payment, yet
he may, in cafe of its not being pundtually difcharged, proceed againft the Ac-
ceptant wherever he finds him.
92. Befides
427
'*
,1 '
i ,1
I" <■ ■■
m'^'
i'»
, . ■■•'■
428 0/ B I L L S o F E X C H A N G E, ^f.
()2. Bcfidcs thi aforcmentivmcd jMcthcxl of drawing on one Place and paying
in another, there is yet a different Manner of executing luch Ncgociations, as
when Bills :ire !ii)t made payable or remitted o t'ne Place aircdtly where the Money
. is, but on lonT^ other Place, tronj whence the Value is to be redrawn or rcmittiil
to the Pla.'c .vherc I'aymcn^ mult be made, -lit for Example: A Peilon has
Money lying at London, which he would willingly have at Dnntzkk, but as the
Diin/:.uhr caiHiot draw direi'Uy on London, he rirft palles his Bill on Haniiuri^/j
or AmjUrdtin:, and orders his Corrcl'pcndent flierc to rciniburfe himli^lt'on London i
and the Motives to this Sort of exchanging are either, rirll, bccaufc there is no
Courfc fettled direitly, or c!fe, fecondly, where there is it may be more advan-
tageous not to make u'.c of it, but to negociatc otherwiii;.
OT,. When any on ; draws by C'ommiliion, it mull be either for the Account
of him on whom he draws, oi elfe for that of a third Perfon ; if for the ibrmcr,
the Drawer lliould pundlup.lly advife hin\ of the .^'un drawn, and dillindlly
in how many Bills, what Date, to whom, and when payable, from whom the
Value, and at what Exchaiigc (and indeed the fame Exadtnefs (hould be always
obferved in regard of advifing whenever Bill.' are drawn) and no Draughts
Ihould be palfed for the Account Ci' a third I'crfori without fpecial Order from
him ; and it is cullomary on fuch Occalions for the Acceptant to advife that
he will honour fuch Draughts, whenever they appear, previous to the Drawer's
making them; and the Dravve. on his Part ihould give pundual Advice both
to his Principal and the Acceptant, whcnc.or !::; executes his Comminion j
and it is uual in fuch ('afes for the Drawer to mention in the Bill for whom
he draws, by concluding it with thcfe Words, and place it to the yiccount of
A. B. as per yiJvice from, n.. ing the Perfon, or the two initia' Letters of
his Name, which may pre\';nt and obviate an Exception fometimcs made by
an Acceptor, that he did not accept nor liitisly the Bills for fuch an Account,
but on tnc Drawer's only.
94. Bills n;;>y be, and many Times are, dr;'wn upon a third Perfon's Account,
who yet remains -ncog. to the Acceptor. As for Example; A. B. is Itraitned
for Calh, and C. D. his Ericnd has none to fpare him, yet willing to fervc
iiim, he makes his Credit f.ipply what his Purfc dei.ies, and partes his Bill on
E. F. of AmJierJatn for the Sum that A. li. wants, with Orders to redraw the
fame on him (C. D.J which ^/. B. pays in due Time. And fometimcs Bills
are drawn for Account of a thin!, by Order of a fourth, vi~. A. B. oi Antwerp
receives Orders from C. D. of Madrid, to draw for his Account on E. F. of
Hamburgh, but A. U. finding no Opportunity of effecting it, diredh G. H. of
Amlhrdam to value for the Sum ordereii on Hamburgh for the Account of C D.
of Madrid, and to remit it afterwarils to him the laid A. B. Or elle A. draws
on B. with Orders to reimburfe himfelf by Draughts on C. for the Account of
D. but B. Ihould refufe fuch a Coinmiliion, unlefs A. be his Security ; and
when he draws on C. he ought to advife him that he draws by the Order of A.
for the Account of D. and alio give Advice to A. with all the Particulars of
the Negociation, though it -s unnecclfary to corrcfpond with D. about it, this
being A.'s Obligation.
95. He that hath Orders to draw on one Place, and remit to another, or
mv verjd, for tlv. Account of a third Perlbn, lliuuld not remit before he knows
he can draw, nor draw before he knows he can remit, as by the doing one he
may be in Dilburl'e, and by the otlier ha\e his Principal's Calh lie by longer
than may be plealing -, and when he hath an Opportuni^ to do both, he Hiould,
before concluding, make his Calculation whether he can execute his Commiiriun
within Limits (if limited) according to the Terms and Exchanges offered
him.
96. When a Remitter by CommilTion hath fcnt his Bill to a third Perfon by
Order of his Principal, and in his Letter of Advice hath clearly exprclfed for
whofe Account it is, then neither he nor his Employer can alter or recall the
.ne, to the Prejudice of him to v/hom the Rcmiflcs arc made.
97. If a Remitter in Commirtion Hands del creden for the Remili'es, heads
indifcrcctly, if lie has the Bills made payable to himfelf or Order that he may in-
dorfe them; for though this is fretjucntly pradtilcd by the chief Bankers and
Exchangers,
efr.
and paying
)ciations, as
: the Money
or remitted
Per Ion has
, but as the
I liamhuigh
on Londw,
: there is no
norc advan-
hc Account
the lorrncr,
id dillindtly
whom the
d be always
o Draughts
Order from
advifc that
he Drawer's
\dvice both
lominillion i
II for whom
Account of
' Letters of
:s made by
in Account,
to ("ervc
Bill on
>'s Account,
is llraitned
ne I
his
redraw the
:times Bills
of Antwerp
in £. }<. of
G. H. of
It of C. D.
le A. draws
\ccount of
urity ; and
)rder of A.
rticulars of
JUt it, this
nether, or
: he knows
ng one he
by longer
he Hiould,
bmmilfion
cs oftcrcd
Perfon by
)rclled for
acall the
:s, he afts
le may in-
nkers and
xchangers.
Of B I I. L S OF E X C H A N G F, @c, 429
Fxrhangcrs, with a View to conceal from the Drawer thr Perlon to w!iOir,
fhry remit, it does not take off from the Imprudence of the A<^ioii, as the
fcHowin^ Rcafons Will evince, vh..
I ft. The Indorfer may be forgotten, nnd from this Omiirion may ar-lb endicfg
nifpiites and Contcfts; adly. the Remitter by this Means makes liinifelf liable
not only to anfwcr all Damages, ^c. to hi Principal, but alio to every Pofltiror
and Indorfer of the Bill after hirti ; for,
3dly, By indorfing the Bill, he makes it his own Bill, and obliges himfelf on
the Account of his Principal, not only for the Value by him received, Init for
all cither Charges and Rc-i;;fchanges.
98. And thoi'irh a Remitter oy Commiflion does not (land del credere, he
a(5ts with equal Imprudence, in having the Bills (as aforcfaid) made payable to
himfcif or ()rdcr, and then indorfes them, for thereby he cfFcftually engages
himfelf to ftaiul del credere, without reaping any Advantage therefrom.
99. Any Remitter on Commiflion that (lands del credere may, upon the Return
of a Bill for Non-acceptance, contrad with the Drawer for the Rechange and
Charges, and on his receiving Satisfadion, not only be compelled to remit (if
he hath not indorfcd the Bill) the fame Value for a timely Difcharge, but alfb
to give his Principal the Advance of the Re-exchange, ^c. but in Cafe he
hath indorfed the will, he may abfolutely refufe to give away thofe Advantages,
as by his Indorfcmcnt he made it his own Bill, and he (as well as any other
Drawer or Indorfer) may have the Bill difchargcd when due, and appropriate the
Gains of Re-exchange to himfelf.
100. A P emitter by Commiffion that ftands del credere \i not nbliccd to make
good to his Principal any more than the Value he paid for the Bill, in cafe it
fliould be returned with Proteft, and the Drawer is not able to make Satisfac-
tion, as the Rechange and Charges miift be the Principal's Lofs (if they are \ol\)
bccaufe the Remitter had Provifion only on the Value paid ; but if he obtain Sa-
tisfatiVion fi-om the Drawer for the Rechange and Charges, he is obliged to make
the fame good to his Principal, though the CommifTions he receives from the
Dnr.wer arc his own, nnlefs the juft Sum, with the Provifion and Charges, be
efFeftually redrawn on him ; and in this Cafe he may place a Commifilon to
his Principal's Account for the Trouble of accepting and paying the BiH.
101. And a Remitter by Commiflion with del credere is obliged, on a Bill's
being returned with Prote(l for Non-payment, immediately to make good its
Value, or to fufFcr it to be draw^n on him, becaufe his (landing del credere
obliges him not only for the Drawer's Sufficiency, but for its pundhial Difchargc ;
though in this Cafe the Intereft, Rechange, fife, is all for his own Benefit, not-
withftanding the Drawer (incapable to make prefent Payment) (hould yet give
Security to make a future Satisfaftion ; and the Remitter, if he gives Orders
for the Payment of the Bill, may charge his Employer with what he efFeftually
pays more than the Bill was for, or what his Di(hurfement8 exceed the Value
he paid, provided he permits the Principal to recov<^r the Lofi and Charges he
fuftains from the Drawer.
102. When a Remitter in Commiflion ((landing Security) has made Bills
payable to the Order of his Principal, or to any other Perfon, that are rc-
tnrned protcfted, and they having been indorfcd fevcral Times in different
Places, and confequently the Advice of the Proteft muft be for a confiderable
Time retarded in reaching the Remitter, he is notwithflanding obliged to make
good to his Principal the Value by him paid, and that though the Drawer was
tor a confiderable Time in Credit after the Advice thereof might have come
to his Hands if it had been fent diredlly. And in cafe any one - kr the
above Circiimftances executes his Commillion in his own Bills, and they re-
turn protcfted, he is then obliged, both as Drawer and Security, to make good
to his Principal the Rechange and Charges, as if hn had not been the Drawer
himfelf, but a Stranger.
103. If any one remitting by CommifTion with del credere, makes the Bills
for the Account of hiin to whom he remits, then the Rifle of ftanding Security
finifhes with the Day of Payment j fo that in Cafe the Acceptant (fuppofing him
to be the Perfon to whom the Remifs was made) (hould fail the very next Day
5 R after
; Li . . . \
Hil
\m
m\
'!■• m
rt
i .,11.*'
10^^
f v: . ■■
I:." ':
i=s\
|§ :'
436 0/ B I L L S OF E X C H A N G E, e^^
after the Bills became iluc, anil t|-ioiigh a formal IVotcft for Non-payment be not
entered, ti e Lois will hill uii the Principal, and not on hiin that remit* by Com-
miflion ; biit if the Acceptant faiU bctorc the Day of Payment, or docs timely
urotcll agjinll himfelf for Nun-payment, then the Lofs it the Remittcr'i, bccautc
nc alfci is the Drawer to him for whole Account the Draught was made.
104. When a Remitter by CommiUlon hath Orders from hit Entplover to
make RtmilTcK to fomc of his Coriclpuiuicnts, that he fuppofet to be utbltantiai
Men (under the Remitter's Security) and there to wait the Principal's Diredtiuns,
if the faid Remitter advifc him that he has complied with his Orders, and
mentions to whom he remitted, and the cxadl Sums he paid, he is not obliged
to his Principal, though the Rmilttd ihould fail, becuulc the del creJtre hath
only Relbvdt to the Cjoodncls of the Bills, and not to the Solvency of him to
whom they are fcntt.as the Money, from the Mbinent of his receiving it, was
at the Order and Uiipofal uf the Principal, and this latter, if he trulled the other
with it, was a Matter of Choice, and at his own Ritk.
105. If a Fadlor has Orders to draw on one Place, and remit to another with
his dtl crtdcre, and cannot recover for his Draughts, he mull fuifer the Lois, as
his Security is for the whole Ncg(x:iation, and not for the RemilTes onlyi and if
the Bills a Remitter takes be returned with Protell, and he cannot procure im-
mediate Satisfadiun from the Drawer, he may charge Lini an Intcrcft on the
Money advanced, although he then ^ives him Security for the Payment.
106. It is the Duty of every one di;:wn on by Commiffion, to advife the Drawer
(immediately on hearing of the Draught) whether he will accept it or not, on
the Conditions, and for the Acc-ount of him for whom it was made i and if the
Bill be for the Account of a third Pcrfon, the Acceptant muA give him Advice
alio of the Drawer and Sum palTed on him for his Account, and add when it
falls due, and whether he will honour it or not.
107. He that is drawn u(x)n for the Account of a tliird Perfon, from whom
he hus received no Orders fur accepting, nor ii in Calh for him, neither hatli Di-
rcdions to revalue on the Principal, aas prudently if he fulTers the Bill to be pro-
teftcd for Non-acceptance, unlclii he knows the Drawer to be a rcfpo!ifible Man,
and this inclines him to accept (Jupra ProteA) for his Honour, which he may
do if he plcafcs, and oblige the Drawer afterwards to make him Satisfaction ;
but in this Cafe he ought immediately to advife the Drawer of fuch his Ac-
ceptance under Protcft.
108. He that is dra.t^n on for the Drawer's Account, or that of a third Per-
fon, and fcruples to accept it for the one or the othtfr, either freely or under Pro-
tcft, may accept the fame in Honour of any Indorfer (fupra Proteft) that he
thinks proper to truft, and is then obliged to give the Dr&v/er, and the Perfon
for wliofe Account it is, and alii^ tjie Indorfer for whofc Honour he accepts.
Advice thereof: and to fend the Proteft, with the Inftrument of Ar ..epunce, to
the Indorfer, that he may ufc it againft the Drawer,
109. When the Acceptant hath accepted a Bill (fupra Proftft) in Honour
of the Drawer or any Indorfer, for want of Advice, Order, or Proviiion, from
him for whofc Account the Bill is drawn* and he afterwards revives both
Orders and Effeds, he is .hen obliged to free the Drawer and Ini'orfcr from
their Obligations, and to ad vile :hcm that he will ]>ay the Draught '.or hit Ac-
count for whofc it was drawn, and a:at he therefore difcharges them
1 10. If any one accepts a Bii.* with the Drawer'" Cugation, he muft at the
Day of Payment ac^vifc the Drawer, whether he, for whofe Account the Bill was
drawn, l>ad made Provifion for it, or otherwife difpofed its Paymeit, and if this
was done, he in confequencc difcharges the Drawer from his Obligation.
J, 1 1 . When any one is drawn on for the Account of a third, by another
with whom the Acceptant never had any Corrcli>ondence, and confequcntly muft
he ignorant of his Firm, he oi^ht to be deliberate in his Acceptance, though he
has Orders from his Principal to honour fuch Draughts, and ihould rather wait
fortlpe Drawer's Advice, that he may compare his Letter 'nd Bill, than be pre-
cipiute in his AcceptaiKC.
1 1 2.. He that verbally or by Letter has promifed to accept '' any Bills drawn
on him for a third Pcrfon's Account, and he to whom the Promilc was made,
does.
.iii
w.
M'
s:>^ 'v '
V :■ •
0/ BILLS OF EXCHANGE, ^c,^
does, in confcquence thereof, give the third Perfon Credit, relying on a punftual
Compliance, in this Cafe he that has engaged hi* Word it ubliffed to Culiil it,
or be anfwerable for all Damages that (hall proceed frum a Breach thereof,
and though he cannot by Law be compelled to an immediate Satisfadtion, «
regular Hroccfs will obliec him to pav at laft.
111. If a Fadtor has Onlers from his Principnl to accept a certain Sum drawn
by a tnird for his (the Principal's) Account at Ufancc, and the Drawer having
no Opportunity of complying therewith at the Time, pafTes his BiiU payable
at Signt, in fuch Cafe (he Fadtor (hould not accept them fmiplv, hut it he has
a Mind, may (under Protelt) accept them for the Honour of tnc Drawer, and
revalue the lame on him, if he continues without Orders from hi.s Principal how
to rcimburfe himfelf > hut if the Drawer (hould find Occnfion to draw at half
Ufance when the other half is expired, in fuch Cafe he is obliged to accept
the Draughts freely and without Rcferve.
114. If any one be drawn on in CommilTion, and ordered to redraw the
Value on fome other Place, which he cannot comply with, cither from no
Money's oftcring, or that the Exchange is not within his Limits, and it docs
not fuit his Convcniency to be in Di(burfe, he may in fuch Cafe revalue diredlly
on the Drawer, or on any other Place, even above the limited Courfe (if he
cannot do othcrwife) though on the beft Terms he polTibly can for his Principal's
Advantage.
1 15. When any Perfon drawn on by Commiflion hath accepted the Bill, and
the Payment is not demanded when due, he muft, notwithftanding, debit the
Principal for its Value, bccaufc he is always obliged to pay it whenever it is
aikcd for.
116. The Acceptant of a Bill on Commiflion, dr.-»wn on him at Time, may,
and muil demand of the Drawer his accepted Bill, if this latter (huuld think
proper agaitilt the Time of Payment to call it in, and pay its Import hiinfelf,
and the Drawer is obliged to reftore it j but he Aiould, before he parts with it,
clearly exprefs in Writing upon it, that he himfclf called in the Bill and fatisfied
it, and he is obliged to allow the Acceptant at lead half Commiflion.
1 17. It is incumbent on him to whom a Bill is remitted in Commiflion,
ift, to endeavour to procure Acceptance; idly, on Ref'jial, to protcft (if not
forbidden) though not exprefsly ordered; 3dly, to advife the Remitter of the
Receipt, Acceptance, or Protefting it, and in cafe of the latter to fend the Proteft
to him; and 4thly, to advife any third Perfon, that is or may be concerned in it;
and all this by the Poft's Return, without farther Delay.
118. He that has Bills remitted to him for the Account of a third Perfon,
or to be at his Difpofal, cannot place the faid Bills either to his own, the Re-
mitter's, nor to Tiny other's Account, but is obliged to obfcrvc the Order of him
only for whofe Account and at whofe Difpofal they were remitted.
119. If a Bill rcfmitted for the Account, or to be at the Difpofal of a third
Perfon, is indorfed or made payable at firft to the Receiver thereof or to his
Order, he that receives the Bill, if he has advifed the Perfon for whofe Account
or at whofe Difpofal it was diredled to be, that he hath received fuch a Bill
for his Account, fiff. cannot revoke his Word to pleafure the Remitter, but
muft attend the Order of the faid third Perfon ; though, if he hath not writ nor
advifed him thereof, he then may at the Requcft of the Remitter (or the
Remitter at the Inftance of the PofleflTor) obferve the laft Order, to wait for
farther ones.
120. When diverle Bills are remitted for Account of feveral Perfons, and
previous to the Pofleflbr's advifing the exadt Sum appertaining to each Particu-
lar, one of the Remifles fliould be protefted for Non-payment, he may, if it
fuits him, revalue the fame on the Remitter j and in cafe he caunot met Satis-
fadtion there, the Lofs will then fall on all the Bills, to be proportionabty divided
fro Rdto, on the Sums recoverable of the faid Remifs ; and if the Remitter ftood
Je/ credere for any, he muft lofe^ro Rata with the reft.
121. When any one is drawn on for the Account of a third Perfon, and
accepts the Bill (under Protcft) for that of the Drawer, advifing him :;- "tfsly
thereof by the Port's Return, then the Acceptant may (if he cannot obtain flimcient
I Provifion
43 «
-X- ■ V ■>,
!*' M
u
•it*'.
Si, i I
1)* • >
p.. '
It-, f
ft,'-*'' ' .
-■ r, -
432 O/BIinJ^S o-F £XiC-H ANGE, <5rr.
Provilion from the Principal, gr the neceflary Orders for his Reimbuifemeiit
befprc the Draught falls due) ; revalue upon tliC Drawer, without being obliged
to fcek his Redrefs firft from the third Perfon for whofe Account the Bill
was ; but if the Acceptance Jupra Proteft, was with the ObJieation of tlie
Drawer, then the Acceptant muft (if the Drawer require it) ha'.c Recourfe firft
for Satisfaction to the faid third Perfon, though without being farther obliged
than to revalue on him; and if his Bill be protefted, and not accepted or paid,
then he hath his Redrefs upon the Drawer, who in tliis Caie muft duly dif-
charge the fame.
122. And when Provifion for fuch a Bill (protcfted with tlie Obligation of
the Drawer) is not timely made, by the Perfon for whofe Account it was drawn,
but inftead thereof he gives Orders to revalue for the flmie, eitlier on him dircd^y
or on foine other Place, the Acceptant muft in fuch Calc, before Compliance,
confult the Drawer (as he is obliged to Satisfadlion at all Events) and hold him
bound till t'ie Sum to be revalued lliall be pundlually difcliarged ; and if it is
not, but tl'.e faid Redraughts return protefted, then the Acceptant who p;ud the
original Bill.f, and muft now fatisfy thofe come back with Proteft, may revalue
the Sum, witli the Charges, Commillions, and Proteft, on the firft Drawer, who
continued obliged to fatisfy the fame.
123. When a Bill is acceptcil /Lf/ira Proteft, for the Account or with the
Obligation of the Drawer, and the Acceptant repents of the Steps he has taken,
as fufpicious of the Drawer's Compliance with his Redraughts, he ftiould in fuch
Cafe lufFer the Bills to return protefted for Non-payment, after having lirft advifcd
him of his Intentions, that the Drawer may take new Meafures for their
Difcharge.
1 24. If any one be drawn on for the Account of a third Perfon, and accepts
the Bill freely, the Acceptant in fuch Cafe hath no Redrefs on the Drawer,
who is freed from the Obligation of accepting any Redraught on him, as the
Acceptant har, ililcharged him by his free Acceptance, and has only Recourfe
for his Reim jurfement on the third Perfon, for whofe Account he accepted.
125. When a Fador hath Occafion to redraw for the Principal's Account* to
reimburfe Draughts firft drawn on him, he may pafs his Bills not only according
to Order and within Limits, but may exceed the Order and Limits fet him ; and
if he hath no Order, may redraw without it, or even exprcfsly againft it in cafe of
Need, as he is under no Obligation to be in Diftjurfc ; and in cafe the Principal
will not accept his Fador's Bills fo drawn, under Pretence that they are without.
above, or againft Order, the Acceptant muft proceed againft him in Law, and
will undoubtedly recover both Principal, Charges, and Damages.
126. In all the Exchanges hitherto mentioned, the Drawer receives Cafli from
the Remitter, for Bills given liim, whofe Import he obliges hitnfclf (hall be paid
in ready Money, at the Time and according to the Conditions therein agreed on.
But there is yet another Sort, called ihixt or debt Exchanges, wherein the Drawer
receives no Money, but gives Bills in Payment of a Debt, and in fuch Negoci-
ations the Creditor is deemed the Remitter.
127. And fuch Bills are made cither for the Recovery of an old Debt, or to
ailare the Payment of a new one, contrafted for Goods bought on Truft ; and
whether the Debtor makes the Bills pavable by himfelf or miother, and whether
the Debtor and Creditor fettle the Courfe or not, the Debt now changes its Na-
ture j and he that gives a Bill of Exchange becomes thereby liable to the Laws
concerning them, and may, upon Failure, be profccuted in a different Manner
than he could be for a Book Debt j and therefore a prudent Creditor will, on
rcceiviiig fuch a Bill, make an abfolute Agreement with his Debtor concerning
the Courfe ; and upon Receipt thereof, credit his Account of Goods, and debit
his Account current for the Value.
128. It is unncceirary in moft Countries to exprefs whether the V^alue of Bills
was paid in Monies or iii any other Commodities (and I think France is the only
Exception to tliis Rule) if <he Debtor do but eftedtually rccive it j and he that
gives a Bill for the Payment of an old Debt, or for Goods then purchafcd, flioulJ
demand an Acquittance from his Creditor, acknowledging to have received Satis-
faction for fuch a Debt, or for fuch Goods, in fuch and llich a Bill of E.xLhange,
or
or I
coj
con
Of BILLS OF EXCHANGE, ^c. 43^
or for Yo much of die Debt as the Bill df Exchange amounts to; and on the
contrary, the Creditor muft denoand a Receipt from the brewer, wherelA he
confciTcs to have received the Vahie of Aich a Bill, either in an old Debt> or
Goods bought, and for ftJl Payment, or in Part.
129. When a Creditor hath received fuch a Bill fVom his I>ebtor in fidl or in
J>art of his Debt, and it is not complied with when due, ht muft not be per-
iiaded by his Debtor to neglcA following the ftridl Courfe and Law of Ex-
change, by protefting, &c. nor (hould give the Acceptor longer Time, thou|i|i
follicited thereto, unkfs the Debtor engages under his Hand that it fhall in no
Shape be a Prejudice to him, nor annul or leflefn the Law fubfiAing againft him-
felf, but that the PolTeffor's Rights fliall be prefen^d as entire as if he had 4ftuaHy
S»rotcfted in due Form and Courft j ibr without this the Debtbr might difbwn any
iich Order or Requeft, and defy his Creditor, after he had negleded to fecure
the Payment by the Means the Law afforded him.
130. When a Bill is drawn by Order, and fbr Account Of a third Peribn, and
after being duly accepted, the Acceptant fails, the DraVver muft make good the
Re-exchange and Charges ; but for thefe he hath his Redrefs on him for whof^
Account he drew, and may charge his Account therewith, thobgh the faid Perlbti
hath already made a fufiicient Provifion for it to the Acceptor, or hath honouredi
his Redraughts ; and if both the Acceptant and the Perfon di-awn for fail, the
Drawer hath an Action on them feparately to recover Satisfaflipn.
131. If a Bill be drawn, and accepted for the Account of a third Perfoh» ana
he on whom it is drawn fails before the faid third Perfon hath made him i fb^-
cient Provifion for its Difcharge, and if the Drawer alfo fails, then he for whole
Account the Draught was made is freed from any Obligation to pay it, though
drawn for his Account, unlefs the Poffeffor will give him a fatisfafliory Security
to fave him harmlefs both from the Drawer and Acceptor, or aijy of their
Creditors, AfTignees, &c. or unlefi it appears to him that the Poflellor is fatis-
fied by the Acceptant or fome others for hiih, and doth telihquUh aB Pretttkixi
to both the Acceptant and Drawer's Effedls.
1 32. When the PoflelTor of a Bill, payable to his Order, fails, and tO defiSud
his Creditors, indorfeth it to another, who negociate$ it, and effectually received
the Value, indorfing it again to a third, &c. and though th.^ Creditors having
difcovered the Fraud!, oppofe it, yet Che Acceptant muft pay it to him Who coinUi
to receive it, on Proof that he paid the real Value fOr it; but if the infblveht
PoiTefTor has made it payable to any other diredtly, he might probably be allowed
a Provifion i but previous to his recovering the Principal, he muft clearly provfc
how and when he paid the Value ; and m\ift fwfear, that before the FailiHr^ of ■
the Indorfer was known, the faid Bill was, without any Colhlfidn oi^ Dtttii,
purchafed by and' delivered to him j and if he ref\ifes to perform this (oii iH
Oppofition from the Creditors) he cannot legally receive a Farthing; aad m caA
he has recovered he muft refund it' for the common Benefit of the Creditors, alld
muft alfo draw in and indorfe the Bill that he receivedfrom the Bankrujit Poffiflbt
with an Intent to defraud them-. ,
133. When a Bill is made Or indorfed payable to any Petfoh* Who, uilltnOwa
to the Acceptor, is becomti infolvent before thfe Day of^Payitteht, if he (ighonuit
of the Pofteflbr's Failure) difcharge the fame, fhch Payrtient is good and valid;
but if he pay to any other upon the PoffelTor's Order, after knowinc; of hii
Infolvency, he expofes himfelf to the Hazard' of paying twice, and juftly ttHitM
fuch a pecuniary Punifhment for His indifcreet and unfair Proce6(Qfig8.
1 34. When the Pofleffor of a Bill fails, afid the Acceptor Can d<iihonfthttivdy
prove that it was remitted for the former's Account, or updrt AccouAt df a
Debt due to the Poffeffor, either from the Remitter Or from any other on whoffi
Account the Remifs was made, in this Cafe the PoflelTor is the true Owner' and
Principal of the Bill, and the Acceptant may pay it to him, aifid ht muft ct^t
the Value to the Perfon for whofe Account it is ; but if the Bill be' fbr the ActoOnt
of a third, or for the Drawer's own Account, ahd neiAer of therii have received
any valuable Confideration (from the PolTeffOr) fOr it, theri it ought to be paid
to him, as the infolvent PolTcfror is not the true Owner of the Bul, but mttcVf
a Demimder of Satisfaction { and the Acceptant fhould bni obUged, when due, ta
5 s p»y
..viT '••''.■'■•'":* ■■■A
■ V •■■■'^'-•i'.i
"!,*■ ; f>l
m ■
¥r.
i^'^
ff-
I"
f<
^34. O^ BILLS OF EXCHANGE, ^*.
ay the fame to the next Order of the Remitter, or tl»e true Owner of the Bill
ior whofe Account it is.
* 135. If a fufpcAcd Pofleflbr of a Bill fliould fraudulently twice draw in effcc-
iiially the fame Bill, and give the Jr^ to one Man, with Direftions where to
find they?' W accepted) and thc/econd to another, with Directions where to find
'ihzjirft rcptedi in this Cafe he only hath Right and Title to the Money that
fir(^ pre .ares Acceptance (he not finding any accepted BiU as he was direrted)
whether \i be to the Jirji or Jecond, it nukes no Difference, n'-'^ whether it was
firfl or lafl negociated by the fraudulent Indorfer.
136. When the Poffeflbr of a Bill is uecome a Bankrupt, and in order to
defraud his Creditors, or others, conceals the Bill, which they have good
Reafqn to conclude mufl flill remain in his Hands, the Acceptant is obliged to
declare whether he hath accepted fuch a Draught, and if he anfwer in the
Affirmative, the Creditors, or any other interefled Perfons, may prohibit the Ac-
ceptor's paying it without their Knowledge and Confent ; and if any one appear
at the Day of Payment, to recover, he muft declare and prove, that he is the
true PofTeffor of toe Bill, and if none appear, tlie Acceptant is obliged to pay
the Import of it to the Creditors or Aflignees of the Bankrupt PoffcfTor, they
giving Security that the Acceptant ihall be no ways fjrejucTiced thereby j or
tf he fcruple doing it on their Security, he may depolit it in the Hands of
Jiiftice, for Account of the true Owners thereof; and if the Acceptant refufe
Compliance, both with the one and the other, the Creditoio or their Affignecs
may protcft againfl him for Non-payment, and fend the fame to the Remitter
to procure Satisfadion of the Drawer, and if he makes none, they may compel
the Acceptant thereto.
I yj. When a Bill is made payable to the Order of any Perfon who has failed
before it reach him, and he, notwithftanding, on Receipt, indorfes it, and makes
it payable to fome other, who demands Acceptance thereof, and the Acceptant
(being ignorant of the Failure of the firfl PofTeffor) duly honours the fame;
in fuch Cafe the Acceptant (getting Knowledge of the Bankruptcy of the firfl
PofTeffor, and that this preceded his Indorfement thereof) may refufe Payment
of the Value to his Qraer, as the infolvent PofTeflTor had no Faculty or Power,
after his Failure, to indor'fe a Bill of Exchange, and therefore it would be honefl
and prudent in the Acceptant, under fuch Circumflances; to offer Payment
thereof to the Creditors, provided they give him a fufficient Security for his
Indemnification, though if they refufe this, he fhould fuffer the Bill to be re-
turned with Protefl.
1 38. It affords a jufl Sufpicion of Fraud, when the Debtor of a Bankrupt pre-
tends a Demand on the lattcr's EfFeds for having accepted and paid a third Bill
(at the Infolvent's Requefl) to fome of his Creditors, whilfl his Reputation flood
yet unimpeached; or that the Bill, whofc third he fubfcribed, was protefled,
and he forced to pay the Rechangc and Charges; as the Debtor and Creditor
or PofTeffor of fuch a Bill may, by an Underflanding between them, make many
fuch Bills to the great Detriment of the Bankrupt's Creditors.
139. When the PofTeflbr of a Bill hath negledled to procure Acceptance in
Time, and the Perfon on whom it is drawn refufes it afterwards upon Account
of the Drawer's Failure, the PofTefTor has no greater Privilege or Preference to
the Drav/er's EfFefts in the Acceptor's Hands than the other Creditors have,
though the Drawer drew merely on thofe Efirfts, and tlic Draught would have
been duly honoured if it had been prefented, and Acceptance demanded, before
the Failure of the Drawer was known.
140. Though the PofTeffor of a Bill (whoft Acceptant fails before it becomes
due) hath an open Account with him, and is his Debtor for a greater Sum than
the Bill imports, and may now fet off its Value, yet it would be more prudent
in him to proteft the Bill for Non-payment, and fufFcr it to be returned,
141. If the Drawer, or the Party for whofe Account a Bill is drawn, falls
before Provifion is nude to the Acceptant, then this latter paying at the Time, or
if not accepted or not paid, but returned with Protefl, the Drawer is entitled to
a Preference, before all other Creditors, upon any of tlie Efl^cils of the Infolvent
thr.t may be in their Hands.
,* 142. When
.... I
■ of the Bill
aw in efFcc-
ns where to
'here to find
Money that
/as direrted)
icther it was
in order to
have good
s obliged to
fwer in the
libit the Ac-
f one appear
lat he is the
liged to pay
jffeflbr, they
thereby ; or
le Hands of
:ptant refufe
leir Aflignecs
the Remitter
may compel
'ho has failed
t, and makes
he Acceptant
irs the fame ;
r of the firft
life Payment
Ity or Power,
Lild be honeli
Fer Payment
urity for his
ill to be re-
ankrupt pre-
■• a third Bill
lutation ftood
is protefted,
md Creditor
make many
cceptancc in
Dn Account
'reference to
bditors have,
I would have
ided, before
it becomes
br Sum than
lore prudent
led.
drawn, faiis
licTimc, or
entitled to
lie Infolvent
42. When
0/ B I L L S ol' EXCHANGE, ^t. 435
142. When the Acceptor of a Bill hath RemilTes made him to difcharge it«
by the Perft.i for whofe Account he accepts, and he, after receiving fuch Retnit«'
tances, and before Payment of the Draught on him, /4ii/s» then the Principal
muil anfwer the Re-exchange and Charges, and be content to come in with the
reil of the Acceptor's Creditors ; but if upon the Acceptant's Failure the RemifTcs
are found in his PoflefTion unreceived, tnen the Principal, who made them>- has
a Right to their Return, and they muft be paid to his Order; and in cafe the
other Creditors have recovered their Import fince the Acceptant became infol-
vent, they are obliged to repay the fame.
143. The Poflcflbr of a Bill protefted for Nop-acceptancc or Non-paymentt
whofe Drawer and Acceptant are both failed, tnud concur with the reft of the
Creditors, not only for the Value that was paid^ but alio for the Rechange and
Charges, and for the Sum that the Drawer or Acceptant fhould have paid if they
had continued folvent.
144. If both the Drawer and Acceptant fail, the Pofftffot hath a juft Ri^ht
and Title to demand Payment of both their EfTedts; and it is in his Option
to begin with which he pleafes firll, and where the Appearances are grcateft
for a ipeedy Recovery; and if one of their Effeds are not fufficicnt for Satisfac-
tion, he may then get as much as he can of the other's, as they are both obliged.
145. And tlie fame Right that he hath to the EfFedts or any thing elfc apper-
taining to the inlbivent Drawer or Acceptor, till he hath received Satisfa^ion, ho
has likewife againil any or all the Indorfers, if the Bill be returned unaccepted,
and they fail ; and if the Bill be accepted, and the Acceptor, Drawer, and In-
dorfers Ihould all fail, he may come upon all their EfTe^^s for Satisfa^on.
146. The Poflcflbr may demand the full Sum, with all Charges, out of the
Goods and EfFeds of that infolvent Drawer, Acceptor, or Indorfer, where he
ihall think proper firfl to make his Claim ; and what he receives there he mu(l
place to Account in Part of Payment of his Demands; and if he does not receive
full Satisfadlon, he cannot demand the Whole again from another, but only the
Remainder, and fo from one to another till he be entirely fatisfied,
147. If tlic PofleflTor of a Bill, whofe Drawer, Acceptor, and Indorfers are all
failed, receives fomething in Part of Payment, and the Bankrupt's Truftees do
thereupon demand an Acquittance, with the Cefllon of the Adion to him or
them, the PoflTeflbr fhould not acquit nor transfer more of his Right to then)
than for the Value that he hath received.
148. When the PofleflTor has received from one of the Bankrupts Part of hia
Demands, and applies to another of them for the Payment of the Renuinder,
he carmot cede or transfer his Right of AdUon againft me Perfon from whom he
has recovered Part, becaufe he was there admitted into the Concourfe of Cre-
ditors for his whole Demand, and accordingly received his Proportion ; fo that
though a Pofleflbr enter into fuch a Concourfe, and receives as much of his
Debt as he can g<::t from one of the failed Parties, and thereupon doth abfolutely
difcharge him, yet for the Remainder he may come upon the other Indorfers or
Drawer, till his Bill be fully fatisfied, only he cannot transfer his Adion againft
him whom he hath ^ifcbarged.
149. When the PofTeflfor of a Bill, whofe Drawer, Acceptor, and Indorfers
are all failed, docs firft receive in Part of his Demands from one of the Bankrupr
for whole Account the Bill was drawn, but hath either drawn, indorfed, or ac-
cepted the Bill for that of another, without ha'nng any EfFedts in Hand; then
the PoffefTor muft enter into an Agreement with him who paid in Part, jointly
to demand of the others (or any one of them) that failed, the remaining Sun:,
with Charges.
1 50. If the PoflfefTor of an accepted Bill dies without leaving; Executors, or
any one to adt in his Affairs, fo that no one hath Authority to demand Payment
of it, or to give a fatisfadtory Difcharge, and yet fome pretending hereto, apply
for its Recovery when due, and on Refufal protcft for Non-payment ; in this Cafe
tlie Acceptant muft advife the Drawer of all the Circumftances, and his Motives
for Non-compliance, who muft on his Part confult with the Remitter to give
further Orders, or he may depoflt the Sum in the Hands of Juflice, to be Tifcvf cd
for the true Owners.
3 151. If
*.! 11.,. ;...^T'. ,3
''"f^;^Kfei9
>;i
if .
Ih,
^1
W--
43^ 0/ 6 I L L S OF E X C H A N G E, ^f.
151. If the Pofleflbr of a Bill accepted, fhould agree and compund with
die Acceptor, and the Drawer be the Acceptor's Debtor for the Sum he accepted,
(hqu|h the Drawer be thereby discharged from the Remitter and Poflcflbr, and
alio from the faid Acceptor, yet the Acceptant can debit the Drawer for no
more of that Bill than he eifeduaUy paid according to the Compofition.
15a. But if the Pofleffi>r hath made this Compolition with the Acceptant,
widiout the Remitter's Order or Cbnfent, the Remittance being for tlie Remitter's
Account, die PofleflTor will be liable to anfwer the whole Sum to him.
153. If the Drawer or Indorfers, being info? vent, deny that the Bills they have
drawn and indorfed. and die Acceptant has accepted, were for EfFedts of theirs
v^adk the Acceptor had in his Hands, or that they have fince or before Accept-
ance made Provifion for the Difcharge thereof, they muft at the Inftance of their
Crediton prove the iame.
154. Befides the di^crent Species of Bills before-mentioned there are others,
caUpd Condidonal Exchanges, ' being fucb as the Drawer doth not therein ab-
fi>lutdy oblige himfelf to Payment but on certain Terms agrped on -, and in thefe
Bills the Condition muft be clearly exprcTed, and on (Aaf the Acceptor fhould
accept and pay, elfe not; wherefore if the Condidon be not clearly expreffed,
thete Kinds of Bills are like Bonds, liable to great Difputes and Contefts.
ICC. The Accepting a conditional Bill obliges the Acceptor (whether he be
die Drawer himfelf, or any other) abfolutely to the Payment, if the Condition
agreed upon be performed, or the PolTefTor will oblige himfelf to the Per-
formance.
156. Though the PolTcflbr of fuch a Bill is fometimes obliged to perform
the Condition, and fometimes not j as Exchanges grounded on unpofTible, un-
law^, or indecent Conditions, are ipfofaih null and void.
' 157. When the PofTedbr is ahfibttely obliged to the Performance of the Con-
dition, it is not enough for him to mortify or deflroy the Bill, and excuAng to
demand Pwment thereof, but he is obliged to make good to the Acceptant the
Lofs and uiterefl that be, or any other concerned, is like to fuifer from the
Non-perfrainance of the Condition.
158. And on the contrary, when the PofTeflbr is not abfolutely obliged, thou
if any thing happens without the Pofieffor's Fauk, that may hinder him from
perlbrming the 6<Midition, it does not always free and difcharge the Drawer or
Acceptant, but he is in fuch a Cafe obliged to pay the Bill, though the Pof-
fedbr do not perform the Condition, if he will but make good the Lofs to the
Acceptor or Drawer.
As for Example. A. of London contrads widi B. of Leghorn, to provide for
him a Bale of Says, on the moft reafonable T^rms, and to fend them to Leghorn
at his own fA.'i) Rifk, charging B. fo much per Cent, (as fhall be agreed) for
his Cbmmiflion, Rifk, and Difburfe, in the Invoice, whofe Import B. (hall be
obliged to pay in eight Days after die Arrival of the faid Goods at Leghorn;
whKh Agreement being carried into Execution, and the Says fhippcd, and Invoice
feat, A. draws the Amount on B. in the Manner following, viz,
Lotuhn, January the 7th, 1752.
Bxcha.ige for 100/. Str. at sid.per Dollar.
V^ Ight Days after the Arrival of the Bale of Says, per the Goodfelhw, Capt.
*^ Jebn Saunders, marked B N* i , at Leghorn, pay to C. D. or Order, for
Qod of the fame, the Sum of one hu.ndr^ Pou.;d8 Sterling, at fifty-one Pence
Sterling per Dollar, Value in Account, and pbce it to Account, as per Advice from
A.
To Mr. B.
Merchant in Leghorn.
And when B. has accepted the Bill, Hj is obliged to comply with its Contents,
without any Regard had to the Rife or Fall of the Gof ds, or any other Circum-
fbnce whatfoever that does not hinder their Delivery; but if the Says arc loft at
Sea, dien the Acceptance is null, and the Bill rri stifled ; yet if they arrive and
are delivered, though damaged, B. mufl receive them and pay the Bill, and
< afterwards
0/ BILLS OF EXCHANGE, ^c. 437
afterwards charge A. with what the Damage Ihall be rated at, on a Survey taken
by Authority.
1 59. Among Conditional Exchanges may alfo be reckoned thofe Bills that are
given upon Account of any Wager, or for the Aflurance of Things dubious.
And thofe made upon Account of a Wager, &c. are either fingle, or reciprocal
and mutual. The fingle ones are fuch as follow ; a Pcrfon's giving a Sum of
Money to another, who in Return gives him a Bill of Exchange, payable for a
larger Sum than he received at the Day of Marriage, Surrender of ("uch a be-
fieged Town, or any other contingent or uncertain Event ; as alfo to lecure a Re-
quital for fome Favour or Service done, when the Bill may be made as follows, viz.
London, January the 7th, 175Z.
Fourteen I ays after I am nominated a Commiflioner of the Excife ^or after I
have obtained J'uch a Suit of Law, &c.) I promifc to pay to A. B. the Sum of
one thoufand Pounds, &c.
CD.
N. B. This J think is rather a Promijfory Note of Hand than Bill of Exchange,
however, as it is termed this latter by f.ne good Authors, 1 Jhall not prefume to
new nc'ie it.
160. When a Conditional Bill is not accepted, or if accepted not paid, the
PofTefTor mult proteft, and feek his Redrefs and Satisfadtion from the Drawer;
taking care to infert in the faid Prottll, aud alfo to prove that the Condition
was performed, or that he was reaciy and willing to perform it, otherwife the
Proteil is of no Value.
161. In cafe tlie Pofltflbr of a Conditional Bill, who h abfolutely obliged to
the Performance of its Contents, would mortify the Sum, and not demand Pay-
ment to avoid performing the Condition, in fuch Cafe the Acceptant may compel
him thereto, byr depofiting the Money, and protefting againft tlie Polfeflbr for
Non-performance of Conditions and all Damages occafioncd thereby, and then
proceed againft him according to the Law and Cuftom of Exchanges ; and the
Reafon is, becaufe he, the Polfeflbr, would have adted in like Manner againft the
Acceptant, if he had been tardy.
162. If a Condition whereon an Exchange Contradl is grounded was once
poflible, after the Poffeflbr had procured Acceptance (if the Poflfcflbr was obliged
to perform it) or after the Remitter received the Bill from the Drawer (provided
the former obliged himfelf to a Performance) and (liould afterwards be morally
impoflible, their negledting the Opportunity makes them liable to fatisfy all the
Damage and Lofs that the Drawer, Acceptant, or any other concerned (hall prove
tliey have fuffered and fuftained by it, becaufe this Condition was the Caufe of
the Contrad.
163. A Condition may be faid to be performed, though it be not adually
performed by the PolFeffor, if another adts for him and does it by his Order,
or if another concerned in it acknowledge it as quafi performed, and this will
oblige the Acceptant to pay. As thus, if A. pay to B. tlien pay to C. &c.
or if A. and B. difcount, or B. confclTcs himfelt futisfied, the Condition is per-
formed.
1 64. As Pro Forma Exchanges are frequently praitifed, I ftiall mention fome
Particulars concerning them in this general Treatifc of all the different Species of
Bills; and fliail firft obfcrve, that when any one would draw on his Debtor, anrt
avoid the Rilk of having his Bill returned, he may make his Draught payable to
a Pricnd, or fome Dependant, and for the greater Formality, infert Value of fame
one, though he has received none, and anotlier Perfon's Name may be ufed, as a
Remitter, with or without his Knowledge and Confcnt, or a feigned Name may
be inferted inftcad thereof, though this muft only be done when the Bill is made
payable to a third (or any other) Perfon, or his Order, for if the .. .11 be made pay-
able to ihc Perfon whofc Name is ufed as a Remitter, or his Order, it muft be
With his Confcnt and Approbation.
5 T 165. When
4.' fir'^
mm
Fa)-* \i' •
'• J .1
— i
438 0/ B I L L S OF E X C H A N G li, (sV.
165. When a feigned Name is ufed, or any true Name unrequired, and only
'iro forma, the Drawer iriitl necefl'arily advilb the Perfon to whom or tc whok-
Older it is payable, that the Value is only let pro forma, and the Name feigned
or ufcd without the Pcrfon's Knowledge; but If any 'vians Name is infcrtecl
with his Confent, the Bills au ufually made payable to his Order, who is tlu
Remitter pro forma, demanding Acceptance and Payment in his own Name, by
which Means the Correfpondent needs not know but that the Bill is real, other-
wife he m-i he acquainted with the Truth, and that the Bill was only made
pro forma.
166. A Man ought to be very circumfpedt in lending his Name to ^ pro form.:
Bill made payable to his Ordc--. as fuch Billi cannot be drawn in, nor will be
paid without his Indorfement ; and this, though it be only to plcafure the Drawer,
and for Form liike, will oblige the Indorfer to the PofleUor really and abfolutel) ,
and not formally only.
167. When a Bill, wherein a Pcrfon's Name is ufed pro forma, is made pay-
able to his Order, and drawn in or negociatcd and indorfed by him, the Poflclibr
muft make good the Value to him, and not to the Drawer, though he knew
certainly that the Indorfer's Name is only ufed pro forma ; except the Indorlcr,
by an Order under his Hand, dire»S the Holder to make it good to the Drawer,
or unlefs the Indorfer (at the Requell of the Drawer) had indorfed it in Blank,
in which Cafe the Drawer however is obliged to indemnify the PofleiTor from all
Damage or Claims that the Indorfer might futurely make.
168. He that, to pleafure his Friend, fuffers himfelf to be made the Remitter
of a pro forma Bill, and does draw in and indorfe it, whether he receivee the
Value himl'elf, and pays or afligns it to the Drawer, he oughi (though he has no
Intercft in the whole Negociation) to make a Minute thereof in his Books, at
leaft to enter it in his Walle-Book, as a Memorandum j and to receive the Value
himfelf is moft prudent, as the Drawer's Allignment on him for it afterwards
will be his Acquittance.
169. When any one draws upon his Debtor, and, to prevent Lofs by prot-'ft^
ing, makes the BUI payable to the Order of fome Perfon, who, after Acceptance
procured, will draw it in, or dircdt his Correfpondent to receive it, and for
Form makes the Value received; he iliould be very cautious whofe Name he
iTiakes ufe of, and to whom he fends the Bill, that in cale tlie faid Remitter
liiould happen to draw it in, and it fliould be protcfted for Non-payment, and
the Indorfer prove infolvcnt, he (the Drawer) may not be obliged to fatisfy the
Rechange to the Pofl'elfor of his Bill, without having received any thing for it, or
if the lame ihould be paid, he do not barter a bad Debtor for a worfe, and quite
lofe his Money.
170. When a Drawer dare« not draw in the Bill (wliofe Value he hath made
received pro forma) fearing left the Perfon it is addreffed to ihouid not accept it,
or not pay it if he did, and therefore makes it dircdly payable to one living at the
fame Place with his Debtor, advifing his Correfpondent that for fome particular
Rcafons the Value is made received, though only pro forma; in this Cafe the
PulIcfTor Hiould adt with Prudence and Caution in paying the Amount of the Bill
after receiving it, which ought not to be to the Drawer, without an exprefs Order
hum the Remitter (or the Perfon whofe Name is ufed as fuch) for his fo doing,
or unlefs the Drawer give him a fullicient Satisfadlion, and he knows hinj to be
both a folvent and honert Man.
171. Among ^ro /i;7/w Exchanges, thofc Bills muft be reckoned which are
drawn on a Debtor, and remitted to a Creditor of the Drawer's, to be paid to
his Order, Value of the fame (pro forma) and without agreeing any Courfc,
finly requclling from him to procure Payment, and place it (wlien received) to
his Account.
172. A Debtor, on giving fuch a Bill to his Creditor, (hould demand a Receipt
from Inm for the Bill, with an Acknowledgment that his Name as Rcnytter is
only ufed pro forma, and obliging himfelf, when paid, either to remit or credit it
to the Drawer, according to the then current Courfe of Exchange j but if he
cannot recover the Bill, he qiuft cxcufe putting the Drawer to any farther Charge
tor Protelb, ^c.
X73. And
2
Am
0/ EILLS OF E X C H A N G F, ^c, 439
17^. And when a Creditor admits of fuch a Bill from his Debtor, he flioiild
take from him an Order under his Hand, to fend the faid Bill to liis Correfpjn-
licnt, or to denumd himfelf Acceptance and Payment, tha^ in cafe the Mcnty
Ihould be received hy his Cofrcfpondent, but not remitted to '.lim, or biing
remitted, the RemilTes are not paid, or that Protefts not being made in >1ue
Form, &c. the Debtor may have no Room to complain of his Creditor^ who
will by this Means avoid expofnig himicif tq tlie Lofs <hat may accrue from, t'lc
Correlpor dent's Mifmanagcnient, which, had he adted without Orders, he vculd
be liable to pay.
174. And if in fuch a Cafe the Debtor fijces the Courfc with his Creditor,
whethi'i L^fore or after the Acceptance is procured, and does credit his Accoum
vurreiit wii . the ^umj or ellc when another, whofc Name is ufed pro jorm,',
agrees for the Courle with the Drawer, and pays him the Value, then this Ex-
<:han,p,e lol'es its fro forma Nature, and becomes adUial and ^eal ; and in cafe of
j'roteli the Drawer is obliged to make good the Rechange and Charges.
175. When fuch a Bill, at the Rcquell of the Debtor, is by the Creditor drawn
in, and the Value is made him good in Account current, the Lofs by Re -
exchange and Charges appertains to the Debtor; but if the Creditor draws in the
Bill without the Drawer's Order, the Lofs muft be his, if any happen.
176. Bills of Exchange are often loft, by being miflaid, the Port's JV^ifcarriage,
or various ether Accidents -, it is therefore cuftomary to give three of the fapie
Tenor and Date (as has been before obl»;rvcd) and fonietimes four or more, con-
cerning which I Ihall mention fome' Particulars, for my Reader's Government and
Informatiot].
177. When a Remitter declfires to the Drawer, that the Bills he received are
!oft, or fomehow millaid that he cannot find them, and defires hirn to repay their
Value, under a fatisfiidory IndemniHcatipn from any future prejudice or Demands
about tliemj the Drawer in this Cafe is not obliged to coinply, though the Ne-
gociation was for his own Account, only he mufl give other Bills, and tajcc care
tiiat thefc be exaftly the fame with the former, differing in nothing, but that,
if he had given the firft, fecond, or third before, he now adds the fourth and
fifth, though this H^ould not be done neither, after the Bills are fallen due, unlefs
the Remitter give the Drawer fufficient Security to bear him harmlefs.
178. It is the Duty of all Poffeflbrs of Bills to have a fpecial Care of them,
that they may el'cape the aforementioned Accidents ; and it would be prudent in
every Merchant to fill up blank Indorfements, as foon as he conveniently can,
after Receipt, left he ftiould lofe them, and thf. Finder do it for him.
179. Whenever a Poflefibr difcovers that he hath loft a Bill, he ought inftantly,
or at leaft before the Day of Payment, to advife the Acceptor thereof, with the
Precaution not to pay it to any other than him or his Order^ and in cafe another
come to recover, to itop it, and advife him thereof.
180. If the accepted Bill be i\\c Jirjt, and is made payable to the Order of one
at the Place of its Difcharge, and he in whofc Favour it is intending to draw in
tlie Jkcncl, but lias loft the Jirjl that was accepted, and has no third or jourih,
nor cannot procure tlicm, as tlie Drawer is dead, or abfent, ^r. yet the Sum
may bo dr.\wn in and negociatcd, if the Indorfer (in cafe his Firm be unknown
to tiic Acceptor) fends a lull Power by Letter of Attorney (to him he would have
it p.>id to) for receiving it ; but if the Iiidorfer's Hand be well known, and him-
llh in good Credit, then a written Order to the Acceptant for its Payment, with
an Indemnification, will be futHcient.
181. But it ftiould likewife be remarked as an Ad of Imprudence in an Ac-
ceptor, to fatibfy a Bill made payable to Order (though bj him accepted) if
that, or another of the fame Tenor and Date, be not indorfed in due Form, and
delivered up to him (with the accepted one) at the Time of Payment, though
demanded by the Pcrlbn whom the Remitter or Indorfer hath impowertd for that
Purpole ; though when the accepted Bill is loft, and the fecond (unaccepted) is
regularly indorled till it comp to him to whom it is payable, the Acceptant (in
fuch Cale) is obliged to pay the fame when due, upon a fufficient Security given
jiim to deliver up the accepted Bill if it again appeared, or to indemnify him
from any future Demands for its Value. •
182. When
'J..
A]
,f V. ^S 'I
V
\-i-
my'-
i'^i'
440 0/ B I L L S o F E X C H A N G E, ^r.
1 8s. When any one miffcs his ;iccfptcd Bill, whether payable dircdiy to the
Pofl'cflbr or to his Order, or if fiich a one receive Advice from his Correl'pondcnt
that he has remitted him fuci ft Sum, inj'ucb and J'uch a Bill, &c. though on
opening his Letter he finds the Bill is not inclofed, or if the Letter and Bill liavc
mifcarried, of whofc forwarding he has Advice by the fucceeding Port, and finds
that the Day of Payment draws (b near, as to hinder his getting other Pills in
room of the loft one, he may, when ii comes, demand Payment upon his Letter
of Advice, with the Tender of Security, to free and difcharge the Acceptor
from any future Demands of that Sum, by Virtue of the loft Bill ; and if the
Acceptor will not pay on thof? Terms, he may be protefted againft for Rc-
exchange and Charges.
183. When an accepted Bill, protefted for Non-payment, is loft, the Drawer
is not obliged 'o make good the Re-exchange and Charges, unlefs he obtain
/^ *ficient St urit) to indemnify and free him from all niture Demands, and
r, ; "jc ' .^oration of the Sum with Tntereft, which he ftiall have paid for tlic
R.J c vi'srinj^e and Charges, in cafe it ftiould appear that the Bill pretended to
bb 5o- ;.o."»,.( • Afterwards be paid by the Acceptor or any other J'upra Proteft.
1. '» . A... an accepted Bill is loft or miflaid, the Remitter or PoiTefibr cannot
have Ui.mediati "sfadion from cither the Acceptor or Drawer, bat muft pro-
ceed againft them ; 1 the ordinary Courfe of Law, as if it was for fome other
Kind of Debt, as a Protcft cannot be made but upon an accepted Bill, or the
rcfufcd Offeij of Indemnity.
185. Marius advifes, that as foon as the PofTeflbr of a Bill niifTcs it, he ftiould
have immediate Recourfe to the Acceptor, and in the Prefcnce of a Notary and
two Witnefles, acquaint him with its being loft; and fignify to him, th..t at his
Peril he pay it to none but thofe with his Order ; and /jc adds, that no one ftiould
refufe Payment of a Bill he has accepted becaufe it is mifling: As /je aflerts, that
Proteft being made for Non-payment, upon the Offer of a liifiicient Security and
Indemnification, will oblige the Acceptant to make good all Loffes, Re-exchangc
and Charges, as the wilful Occafioner of them.
186. If the y/r// accepted loft Bill was made payable to him that loft it, and
the fecond (unaccepted) ftiould be made payable to another Man, then if the
Money be really paid when due to him to whom the Jirjl accepted (though loft)
Bill was payable, fuch Payment is warrantable and good, and the Pofleflbr of the
fecond can have no Demand on the Acceptor.
187. And fuppofe the (zxAJirJl accepted Bill ftiould be found by a Stranger,
who demands the Money in the Name of him to whom it is made payable, or
that the true Pofleflbr fliould have affigned it to another, and taken up the Vali:%
yet neither can have any Demands on the Acceptor, if previous thereto he ' as
paid it to whom it was payable (though without the accepted Bill) und'.r a
proper Security and Indemnification.
188. If a Bill of Exchange be loft by him with whom it v.'as left for Ac-
ceptance, or that he hath by Miftake given it to a wrong Perfon, or by any
other Chance or Intention the Poflrflbr cannot obtain a Return of his Bill, neither
accepted nor unaccepted, he that loft it is obliged to give the Perfon to whom
it was payable or to his Order, a Note of Hand for Payment of its Amount on
the Day it becomes due, upon Delivery of the fecond, if it arrives in Time, or if
not, upon the faid Note, which in all Cafes is to have the Law and Privilege of
a Bill of Exchange ; and if the Acceptant refufe this, the Holder muft imme-
diately proteft for Non-acceptance, and when due muft demand the Money
(though he has neither Note nor Bill) which if refufed, a Proteft muft be regu-
larly made for Non-payment.
189. The Pofleflbr of a Bill ftiould be careful that it be fent to the Place of
Payment in Time for its Recovery, and not detain it to the laft Moment, as the
irregular Arrival of the Port may hinder it from getting there till after due, in
which Cafe a Proteft will be infignificant in regard to its Recovery of the Drawer,
as this was not timely demanded ; and therefore he that conftitutes himfelf
another's Agent, and admits Bills to follicit their Recovery, and negleds de-
manding Payment when they are due, or if rcfufcd, omits protefting, will be
obliged to make good the Damage tliat Ihall accrue through his Rcmifllicfs.
I 190. He
IaI *;>■.
0/ BILLS OF EXCHANGE,
190. He that is PoflcfTor of a Bill, which only fays (pny) without mentioning
the Time when, or that it is without a Date, or not clearly and legihly written,
payable fonic time after Date, Gfr. fo that the certain prccife Time of Payment
cannot be calculated or known, muft be very circumfpedt, and demand the Money
whenever there is any probable Appearance of the Tune's being compleatcd that
was intended for its Payment, or that he can demonftrate any Circumftance that
may determine it, or make it feem likely when it fliould be paid.
191. When a Ferfon hath a Bill fcnt him to demand Acceptance, with Direc-
tions to hold it at the Order of t)\c fccond, and if the fame is not produced (properly
indorfed) at the Time it becomes due, nor thc^/Jl alked for, the Pollcflor of
this may demand Payment thereof, on giving Security to produce the indorfed
Bill, and in cafe of Refufal he may protell for Non-payment, and fuch a Proteft
is of Validity againft the Drawer; but yet if he that hath the Bill omits to
demand Payment, and to proteft, he is no ways culpable nor rcfponlible, but the
Detainer of the indorfed Bill may thank himfelf for his Carelenhefs.
192. Though a Bill be not indorfed, or the Indorfement not right, but fome-
thing wanting in it, yet the Pollcflor is allowed to demand Payment, and the
Acceptant is obliged to make it, upon Delivery of the two Bills, if he will under
his Hand and Seal oblige himfelf^ to procure the third properly and truly in-
dorfed.
193. If, through Miftake, the Words and Figures defcribing » "-mti in a Bill
of Exchange differ, the former are to be preferred, until fartht. Ad- clear up
the Difagrecmcnt ; as it is more natural to fuppofe that a M ■> nia' "ftakc in
making a few Figures than in writing feveral Words, and the -'^ir v 'he Top
of the Bill only ierving to cxprefs an Abbreviation of the la," w -^tf. at Length
in the Body, and are indeed the very Subftance of it, anu iht-»f', e more par-
ticular Regard ought to be had to them than the others ; and tot : i* fu.ne Reafon,
though the Sum figured in the Letter of Advice and Bill d( li^ree, the Words in
the Body of the Bill fliould determine the Affair, at leafl: i 1 v.ertainty can be
known.
194. And if the Name of the Perfon to whom the Bill is payable fliould be
altered, crafed, or interlined before Acceptance, this will not juftify the Accep-
tor's Refufal to pay it when due to the Perfon whofc Name has been fo mended
or interlined, as he muft or ought to have taken Notice of fuch an effential Par-
ticular, when he accepted the Bill, and fliould have ftartcd the Objeftion and
fatisfied himfelf about it before accepting, as this obliges him to a Compliance,
even though he fliould aver that the Amendment or Interlining was made after,
except he can prove it, which it will lie upon him to do.
195. If the Diredtion on a Bill of Exchange be forgot, but the Remitter advife
his Correfpondent on whom it was intended to be drawn, the Poffeffor may de-
mand Acceptance, and in cafe of Refufal, proteft againft the Drawer, and recover
the Charges of him j and in cafe the Perfon drawn on have a Letter of Advice
from the Drawer, defiring him to accept fuch a Bill, he may fafely do it, though
it comes without a Diredtion.
196. Another Method of exchanging, very different from all thofe before-
mentioned, is tbat by Bills on Marts and Fairs ; and though the Englijb have
very little Concern in thefe Negociations, I have thought it not foreign to ray
Defign of giving my Readers a general Notion of Exchanges, to delcribe the
Nature of thofe particular ones ; which I ftiall do in fpeaking of a few of the
moft confiderable, and from thefe a juft Idea may be formed of all the reft.
197. There are many Fairs in Europe, where Bufmefs for very great Sums is
tranfadted ; as at Lyons, Rheims, Rouen, Bourdeaux, Troyes, St. Denis, Dieppe, Toulon,
ice. in France; Francfort (upon the M/Zny, Leipzick and Naumi>ourg/j, inGermany i
Bolzano, in the Ferol; and Novi, fubjeft to the Genoefe; with diverfe others un-
neceffary to be mentioned here j and (as I propofed) I fliall limit what I have to
fay concerning them in regard of Bills, to thofe of Lyons, Francfort, Leipzick (or
Leipzig J and Naumhourgh, being the moft confiderable of all others.
198. There are yearly four Fairs at Lyons, in which each hath its Payment of
Bills, bearing the Name of the preceding Fair ; the Jirji is that of the Epiphany,
5 U which
441
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441 0/ B I L L S OF E X C H A N G E, ^r.
which always begins in January, the Monday after Twelfth-Day, x\\t fccond \%
Eajler Fair, beginning on St. Ntfiir's Day, in April i tlic //>/></ is Augujl Fair,
which begins ua St. uomin'tck'i Day, in that Month s and the fourth is the Fair
of All-Saints, beginning on St. Hubert's Day, in November i and as each Fair
has its Payment, the major Part of the Bills on this City arc not made payable
in Fair-Tiiiics and though they (hould be, they will only be difchargeu after-
wards in the Payment ct that Fair, which Payments are regulated as follows,
viz.
199. The Payment of the Epiphany begins the firft, and ends the laft of
March i that of Eajler begins the rirft, and ends the laA of Junei that of Augujl
begins the firft, and ends the laft of September; and that of All-Saints begins
the firft, and ends the laft of December; fo that when Bills are drawn to be paid
at one of thefe appointed Times at Lyons, that is not yet begun, the Drawer
lays. Pay this my Jirjl of Exchange, C/c. in the next Epiphany Payment, or in the
next Ealter Payment, &c. but if the I'ayment is already begun, the Bill muft then
be drawn payable in this current (or prefcnt) Payment of Epiphany, or this cur-
rent Payment o^Eafter, &c.
200. It was cuftomary formerly to make the Bills drawn from Amflerdam and
elfewherc, on the Payments of Lyons, in golden Crowns of the Sun ; but as this
Specie has been long fine; decried in France, the prefcnt Ul'age in Exchange is to
draw on the Payments of Lyons, as is pradtifed on all other Parts of that King-
dom, viz. in Crowns of fixty Sous.
201. The Bills drawn in the above Manner, arc to be accepted in the fix firft
Days of the Payment they are made payable in, and the Perfon they arc drawn
on is not obliged to declare whether he will or will not accept till the fixth Day,
but after that Day the Bearer may proteft them for Non-acceptance, though he
ftiould detain them during the whole Time of that Payment, to fee whether any
one offers to difcharge them, however the Proteft ftiould be immediately forwarded
to the Remitters i and if any one pays a Bill of Exchtnge in the Time of the
Payment, before the fixth Day (or if this be a Feaft, the Day following) it will
be at his own Rifque.
202. The Bearers of Bills not fatisfied by the laft Day of anv Payment, muft
proteft them on the third Day after the Payment finishes, otherwife they will
lofe their Right againft the Drawers ; but it this is done in Form and in the
Time prefcriSed, tTie Holder may afterwards refufc Payment from any one that
offers it, and take his Reimburfement on the Drawers, both for Principal and
Charges.
203. And the faid PofTelTors of Bills arc obliged to take their Reimburfement
on the Drawers or Indorfers in a Time limited, viz. For all Bills drawn from any
Part of France, in two Months ; thofe which are from Italy, Swifferland, Germany,
Holland, Flanders, and England, in three Months ; and thofe which are drawn
from Spain, Portugal, Poland, Sweden, and Denmark, in fix Months, to be
counted from the Date of the Proteft j and in Default thereof, they will lofc
their Right againft the Drawers or Indorfers.
204. Francfort has two annual Fairs of great Refort, r/2;. the /{]r/7 is the
Fair of Eajier, beginning the Sunday before Palm-Sunday, that is fifteen Days
before Eafler ; and the fecond is the September Fair, which commences the
Sunday preceding the Birth of the Virgin Maty (which is the 8th of September j
if this Feaft happens on Monday, TueJ'day, or IVednefday, but if it falls out on
Thurfday, Friday, or Saturday, then the Fair docs not begin till the Sunday fol-
lowing, or on the Sunday which that Feftival may fall on.
205. Each of thefe Fairs lafts fifteen Days or a Fortnight; the firft Week is
appointed for accepting, and the fecond for paying the Bills of Exchange ; tlie
Acceptance payable in Fair-Time is made from the Monday of its Opening to
the Tuefday of the fucceeding Week at Nine o' Clock in the Morning, alter which
Hour the PoffefTor of a Bill is no longer obliged to wait for Payment, but fhouKl
proteft, or at Icaft note it for Non-acceptance, which indeed he may do from
the Moment that Acceptance is denied.
206. Bills on thefe Fairs were formerly accepted verbally, but they muft now
be accepted in Form as other Bills arc, by Subfcription of the Acceptor's Name, with
the
^c.
he fecond ii
iugujt Fair,
is the Fair
s each Fair
ladc payable
largcd aftcr-
i as follows,
s the laft of
\at of Augtiji
Saints begin?
m to be paid
the Drawer
ent, or in the
Jill muft then
, or this cur-
tmferdam and
1 ', but as this
Exchange i? to
of that King-
in the fix firft
hey are drawn
the fixth Day,
ice, though he
:e whether any
itely forwarded
c Time of the
lowing) it will
Payment, muft
Irwife thejr will
rm and in the
n any one that
r Principal and
Reimburfement
[rawn from any
■land, Germany,
lich are drawn
hntbs, to be
they will lofc
the firjl is the
. is fifteen Davs
[ommences the
. of September)
J it falls out oil
the Sunday fol-
ic firft Week is
lExchange; the
lits Opening to
lig, alter which
tnt, but IhouKl
may do from
they muft now
ar's Name, with
the
0/ BILLS OF EXCHANGE, ^c.
the Day of its Acceptances and when a Bill thus accepted is not fatisfied before
Saturday Noon in tne Week of Payment, the Bearer is obliged to proteft it for
Non-payment, by carrying it to the Notary cftablifhed for that Purpofc, between
Two o' Clock and Sun-fet, that he n. note it, after which he mull fend the
Prolcll per firft Port.
207. Ln I' iiiCK has three Fairs yearly J x\\c Jirji being called tin; New-year's
Fair, commences on the ift of January (or on the ad, if the firll be on a Sunday;)
the fecond is at Enfter, beginning always on the Monday three Weeks from that
Fcalt J and the third begins the firft Sunday after St. Michael, whether that Day
hapiJcns on a Sunday or not.
208. Thefc Fairs are opened on the appointed Days by the Ringing of a Bell,
and which rings again eight Days after to finifti thcmj fo that thefe eight in-
termediate Days between the two Ringings is properly the Fair, and the Ac-
ceptance of Bills is demanded on the firft or fecond of thclc Days; but if the
Perlbns on whom they are drawn have a Mind to defer their Acceptance till
the Week of Payment, they may; which Week begins immediately after the Bell
has rung to end the Fair, and lafts till the fiftli Day following inclulive ; fo that
the Bills on the New-Tear' a Fair ouu;ht to be paid the 12th of January, and thofe
on the Fairs of Eajier and Michaelmas the Tburjday in the Week of Payment,
otherwife to be duly protefted.
209. It is permitted to the Holders of Bills to proteft them for Non-accept-
ance (immediately on Refufal) but not to return them; on the contrary, they arc
obliged to keep them till the Fair is entirely finilhed, to fee if any one otfers
Payment ; and as what is called the Convoy of Nuremberg departs from Leipzick
at Ten at Night of the protcfting Day, there is no room to make one after that
ilour, uulI the Poflcllors will forfeit their Right againft the Drawers if they let
the Time (lip.
210. Naumdoitrch holds a very confulerablc Fair yearly on the Feaft of St.
Peter and St. Paul, which is commonly reckoned as the fourth of Leipzick,
becaufc tlie Generality of the Merchants attending the one have Recourfc to the
other : This Fair begins on the Feftival of the faid two Saints, being always the
29tli of yune, and it only lafts eight Days ; Bills arc accepted on the firft and
fecond Days of the Fair, and ought to be paid on the 3d of 'July at fartheft, or
protefted for Non-payment ; but it is not cuftomary to return them witli the
Proteft till after the 5th of the faid Month, on which Day the Fair ends ; and
if the Bills are not then paid, the Holder may fend them back by the firft Poft.
211. As the preceding Exchanges differ from all others, I ftiall here add a few
necclTary Obfcrvations for the Government of thofe who engage therein ; and as
it is certain that the greateft Part of them who take Bills on Fairs do it with
the lucrative View of employing their Money to greater Advantage than common,
either by negociating the faid Bills when the Time of the Fairs or Payments ap-
proach, or by fending them to the Places drawn on to be recovered and re-
mitted them, which is commonly done with a confiderablc Profit ; but as there
is indifputably a much greater Rifquc in taking Bills on Fairs, than on Places where
their Goodnefs or Validity muft be immediately known, thofe who take them on
the former cannot aft with too much Caution in Regard of the Drawers.
212. And the Reafon is very apparent to any one who ferioufly reflefts on fuch
Negociations ; for fuppofe I take a Bill of Exchange upon Lyons, payable at three
Ui'ances, dated the 22d oi April, lean immediately fend it forward, and in a
little Time have the Advice of its Acceptance, when I have two Debtors or Se-
curities, viz. the Drawer and Acceptant ; whereas if I take a Bill of the fame
Date, payable in the Payment of Eafier Fair, which finifties the 31ft of July,
and is the fame Day, as the laft of Grace or Refpite, to the abovementioned Bill
taken at three UCinces, and whofe Succefs (whether it will be accepted or not)
I cannot learn till about the 13th or 14th oi July, becaufe (as I have before ob-
fervcd) the Bills drawn upon the Payments of Lyons are only accepted during the
fixfirjl Days of Payment; now if from the 2 2d oi April to the Beginning of July
the Drawer of my Bill fails, I have great Reafon to believe it will neither be ac-
cepted nor paid ; whereas if that drawn at the three Ufo's is not accepted, I fhall
know towards the 8th or 9th of May, and may have my Recourfe againft the
Drawer,
443
, ■ •'[••''I • . '■
: . ( .1.
■ ^ u
444 0/ BILLS OF EXCHANGE, £i?r.
Orawer, wlio injy he in a hcttcr Condition then to give me Satisf^Kltion or Seni-
lity til in the 1 ^th or \.\.{]\i)f yu/y, or the- loth or i itli of /luguj!, nftcr gcttinf»
my Hill witli Prottll for Non-payment ; anti this m;iy liifKce for v, li.it regards
the Piiytncnts ami I'"xchani;es on Fairs.
2 1 ^. I have alrindy qiiotcti the AiJls in I'orcc relative to Inland Hills of F"v-
chanj;e, vvhitii have greatly altered their Nature from what it was before then
enadingi and I (hall now mention a few tried t'afes concerning them and l''orei:»ii
ones, and but a few, as moll of the C'ontroverfics I have looked over about than
have been decided in Conformity with the dirtcrent Obligations of every Perloii
concerned in the various 'I'ranlai'tions of this Hr.uuh ot Hulniefs, according as the
'hap
214. A Wi . of b'rrcir was brought on a Judgment by nil die it in an Ai'lion
arc dated in the precedin;; Se(ilio:s of this Chanter.
•y
!■*■
Zatk. ■<;.
r,. Ra\mcn(i.
0+. 474-
Trin. 10.
Car. II.
ill B, R.
againll the Drawer of an Iidaiid Hill of Ivxchange, and it was objciJted that fuxe
the Adt of 9 Will. III. no Damage (hall be recovered againll the Drawer ujion
a Bill of E.\changc, witliout a Protcll, and therefore the Attion lies not, there
being luj I'roteft.
Hut Holt C. J. The vStatute never intended to deftroy the Adlion for Want of a
I'rotell, but only to deprive the Party of recovering Interell and Co(l upon an In-
land Hill againlt the Drawer without Notice of Non-payment by Proteil : I'or
before the Statute there was this Difference between r'oreign and Inland Bills
of Exchange ; if a Bill was I'oreign, one could not rcfort to the Drawer for Non-
acceptance or Non-payment without a Proted, and reaConable Notice thereof.
But in cafe of an Inland Bill, there was no Occalion for a Proteil; but if any
Prejudice happened to the Drawer, by the Non-payment of the Drawee, and
that for Want of Notice of Non-payment, which he to whom the Bill is made
ought to give, the Drawer was not liable; and the Word Damiigi's in the Statute,
was meant only of Damages that the Party is at of being longer out of his
Money by the Non-payment of the Drawer, than the Tenor of the Bill pur-
ported, and not of Damages for the original Debt : And the Proteil was orclercd
for the Benefit of the Drawer; for if any Damages accrue to the Drawer for
Want of Proteft, they (hall be borne by him to whom the Bill is made; and
if no Damage accrue to him, then there is no Harm done him, and a Proteil
is only to give a formal Notice that the Bill is not accepted, or is accepted and
not paid ; and if in fuch Cafe the Damage amount to the Value of the Hill,
there ihall be no Recovery, but otherwifc he ought not to lofc his Debt; but
that ought either to appear by Evidence upon Non ajjumpjit, or by fpecial Plead-
ing ; and the Ad is very obfcurely and doubtfully penned, and we ought not by
Conftrudtion upon fuch an Ad to take away a Man's Right. And the Judgment
was artirmed per totam Curiam.
215. In an Adion on the Cafe on an Inland Bill of Exchange brought by the
Indoricr againll the Drawer, it was objeded, that there was no Averment of tlic
Defendant's being a Merchant ; but it wns anfwered and refolved by the Court,
that the Drawing of the Bill was a fuflicient Merchandizing and Negociatinj to
this Purpofe.
216. Acceptance of a Bill of Exchange after the Day of Payment pafl Is
ufual.
So Acceptance for the Honour of the Drawer, G"*-.
217. To intitle the Party to an Adion at Law in England ^g^m^ the Acceptor
of a Bill, it matters not whether there be a Proteft ; but to intitle the Party to a
Recovery againft the Drawer beyond the Seas or clfewhcre, there mull be a Proteil
before a Notary Publick.
218. A Bill may be accepted for Part when the Party on whom it was drawn
had no more Effeds of the Drawer's in his Hands, though whenever this hap-
pens, there mull be a Proteft for Non-acceptance, if not for the whole Sum,
yet at leaft for the Refidue ; and after Payment of fuch Part there mull be a Pro-
teft for the Remainder, as the receiving Part of the Money upon a Bill docs no
ways weaken it.
219. It is afferted by Molloy, Scarlet, Marius, and others that have treated of
Bills of Exchange, that any Time before the Money becomes due, the Drawer of
a Bill may countermand the Payment although it hath been accepted, and this is
ul'ually
0/ BILLS OF E X C H A N G E, e^f. 445
ulually made before a Notary, thtHigh, if it comes only under the Party's Hand,
thcj- allow it to be fuWctent, and in Cafe of Difcount, or Payment before it is
due, they fuppofc the Acceptor liable to pay it again in Cafe of a Countermand i
from all which I mu(t diHcnt, ai this abfolutely ovcrfctsi the Validity of all
Acceptance*.
220. When a Bill beyond Seat is accepted, and not complied with when due,
the I'rotcll for Non-payment by a Notary is fufficient to (hew in Court here,
without producing tnc Bill itfcif t but if a Bill in EngUmd be accepted, and a
Cpciial Action ^rminded on the Cudom be brought againll the Acceptor at the
Trial, the PlaintifT muft protluce the Bill accejHed, and not the Protcft, other*
wife he will fiil in his Adtion at that Time •, therefore it is fafe that a Bill once
accepted be kept, and only the Protcft for Non-payment be remitted abroad.
221. If n Bill is not accepted to be paid when due, but for a longer Time,
the Pcrfon to whom the Bill is made payable muft protcft the fame for not being
accepted according to the Tenor, yet he may however admit the Acceptance j
nor can the Acceptor, if he once lubfcribes the Bill for a longer Time, revoke
his Acceptance, or blot out his Name, although it is not according to the Tenor
of the Bill 1 for by this Adt he hath made himfcif Debtor, and owns the
Draught m.idc by his Friend upon him, whofc Right another Man cannot give
away, and therelorc cannot difchargc the Acceptance i and this Cafe will admit
of two Protclts, if not three, viz.
1. One Proteft muft be made for Non-acceptance, according to the Time the
Bill is p.iyablc at.
2. For Non-payment wlicn due according to the Bill's Tenor.
j. If the Money be not paid aicordiiig to the Time that the Acceptor fub«
fcribcd for.
222. A Bill was drawn p.iy.ible on the ift o{ *January, and the Perfon to /"./^ L. C. j.
whom it vas diredted accepts it to pay on the ift of March, with which the ^""*'''"''
Servant returns to his Mafter, who, perceiving this enlarged Acceptance, ftrikcs a"nd'sw'
out the I ft of March, and nuts in the ift of 'January, and at that "Time fends the P"/'- p;
Bill for Payment, wliich tlic Acceptor rcfulcd ; whereupon the Poffciror ftrikcs ^'""^ '"
out the ift oi yanuary, rtml inlerts the ift of March again : In an Adlion brought
on this Bill, the Qneltion was. Whether thefc Alterations did not deftroy the
Bill P and ruled, that it did not.
223. A Bill of Exchange, payable to a Perfon or Bearer, is not aftignable, fo i Sali. ia6.
as to enable the Indorlee to bring an Adlion, if Payment be refufed ; tut when
it is made payable to a Perfon or Order, an cxprefs Power is given thereby to
artlgn, and the In(k)rfee may maintain an Adlion j and the firll is a good Bill
between the Indorfcr and Indorfee.
224. The Acceptance of a Bill, although after it is become due, is binding Cariin,;'t
to the Acceptants, and AAion is maintainable thereon j the Ef
being the Payment of the Money, and not the Day of Payment.
Ig Car.
iiflR'P
225. When a Bill of Exchange is accepted, it is a good Ground for a fpccial , Shew. i.
Ai tioii upon the Cafe, but it doth not make a Debt, &c.
226. InMitatus Jtjfwnfjit doth not lie againft the Acceptor of a Bill of Ex- i Salhty
change, bccaufe his Acceptance is a collateral Engagement, though it will lie
againft the Drawer, and a general Indebitatus Ajfumffit will not lie on a Bill of Ibid. 125.
Exchaii; ■ for want of a Confideration j and tiiercfore there muft be a fpecial
A(itii)n ui xm the Cuftoms of Merchants, or an Indebitatus Affumpfit againh the
Drawer tor Money by him received to the Plaintiff's Ufe.
227. In r'^c Cafe of Bromwrch and Lades, it was faid by the Chief Juftjce
Treby, that Bills of Exchange were of fuch general Ufe and Benefit, thsit upon
an Indebitat. AJitmpJit, a Bill of Exchange may be given in Evidence to .nair'tain
the Adion ; and by Mr. JotHcc Pouc/, that upon a general Indtbitat. AJfumpJit,
for Monies received to the Ufe of the Plaintiff, fuch Bill may be leit \q the Jury
to determine whether this was for Value received or not. In this Cy -j the De-
claration was on the Cuftoms of Merchants, and a general IndchiuU. Ajfumfjit
thereon. See the Declarations and Exceptions to k, in the Cafe of Bella/is and
Hejter, in i Lutwych, iS^9'
S X 228. If
'■■'•'i?
<■%•'■• I,
f 11
446
V' f
L;i.-. IC5.
3 Scii.
18.
2. Vtnt. ^10.
Will'irly a
Sarsfilld.
I Soon.u, 125
1 Show. 5.
2 /'<«/. 310.
C«rt*. 5.
Shciv. 264.
C.iilf'. 466.
Cafes B. /?.
213.
3 i'rt/. 70.
Cnfcs 5. R.
Cafe:, /f. /J.
Ditto, 517.
If'i/!inmt a
Hiiiri/cn,
Cirlh. \f>0.
3 .W. I-
Fiiffin a
Carrtt*
4 j1/c(/. 242.
0«^. 227.
«/«. 398.
BuZr a
Cr,/,.
6 -l/«/. 25.
0/ BILLS OF EXCHANGE, ^c.
228. If :i Bill of Exchange is drawn on two or more Perfons in thcfe Terms,
To Mr. A. B. and C. D. Merchants, in London, they ought both to accept the
Bill i for the Acceptance of only one, is not complying with its Tenor, and it
(hould be protcfted ; but if it come dircifted to A. B. and C. D. or to either of
them ; or thus, To A. B. or in his Abfcnce to C. D. in this Cafe the Bill being
accepted by either, it is futficient.
229. Bankers or Goldfmiths Notes are not to be accounted Cafli till received.
As for Example, A. draws a Note upon a Goldfmith, and fends his Servant to
receive the Money, and to invefl it in Exchequer Bills j the Servant gets B. to
give him Money for the Note, with which he purchafed the Exchequer Bills
ordered, and two Days afterwards the Goldfmith failed ; it was adjudged that A.
muft anfwer the Money to B. as the Property of the Note was not transferred
to B. there being no Indorfcment ; and he coidd not have fued upon it, it being
only in the Nature of a Pledge or Security to him.
230. A Note is no Payment where there was ar. original and precedent
Debt due, but fliall be intended to be taken upon Condition that the Money
be paid in a convenient' Time j but the taking z Note in Writing for Goods
fold may amount to Payment of the Money, becaufe it is Part of the original
Contrad.
231. A Servctnt of Sir Robert Clayton and Mr. Alderman Morris (but at
that Time adtually gone from their Service) took up two hundred Guineas of
Mr. Monck, a Goldfmith (who knew nothing of his being difcarded) without
any Authority from his quondam Maftcrs, vvho refufing to fatisfy Mr. Monck
for the fame, he brought an Adion againft Sir Robert and Mr. Morris, and
being tried at Guildhall, it was ruled, per Keeling Chief Juftice, that they fliould
anfwer, and there was a Verdidt for the Plaintiff j and though there were great
Endeavours ufcd to obtain a new Trial, yet it was denied ; the Court at IVeft-
minjler being fully fatisfied that they ought to anfwer, for this Servant had
frequently received and paid Cafh for them ; and they were obliged to comply,
and paid tlie Money.
232. A Perfon who is no Merchant, drawing a Bill of Exchange, makes him
within the Cuftom of Merchants as to that Bill.
233. If the Drawer mentions, yir Value received, he is chargeable at Com-
mon Law J but if no fuch Mention, then you mufl come upon the Cuftom of
Merchants only.
234. Concerning a Bill of Exchange being extended for the King, Judgment
for the Plaintiff notwithftandlng. Evans a Cramlington.
235. Part of a Bill of Exchange cannot be afTigned fo as to entitle the In-
dorfee to an Adion; if it were otherwife, the Party might be vexed with as
many Adions as the Holder of the Bill fliould think fit.
236. It is not nccelliiry to prove a Proteft made by a Publick Notary, for
that would tend to deftroy Commerce, and publick Tranfaftions of that Na-
ture.
237. I promife to pay the Bearer fo much Money on Demand, is no Bill of
Exchange, and declaring on the Cuflom will not make it fo.
238. A Goldfmith's Note, accepted in Payment, fhall not be a Payment, if
the Party who gave it knew the Goldfmith to be in a failing Condition, for fuch
Knowledge makes it a Fraud.
239. Infancy pleaded by the Drawer of a Bill of Exchange, and held a good
Bar, being drawn in the Courfe of Trade, and not for Necefl'arics.
240. An Adion was brought upon a Note, for the Payment of fixty Guineas
when the Defendant Ihould marry fuch a Perfon, in which the P'aintiff declared
as upon a Bill of Exchange, fctting forth the Cuflom of Merchants ; and it
was held, that to pay Money upon I'uch a Contingency cannot be called Trading,
and therefore not within the Cuflom of Merchants ; and Judgment was given
for the Defendant.
241. A Note was in this Form : I promife to pay J. S. or Order, the Sum of
one hundred Pounds, on Account of IVine had uj him. J. S. indorfcd it, and
the Indorfec brings an Adion againfl the Drawer, and declares upon the Cuflom
of Merchants j and doubted by Holt whether Adion would lie, and advifed with
Merchants,
h.
:fe Terms,
accept the
or, and it
3 either of
Bill being
1 received.
Servant to
gets B. to
equer Bills
red that A.
transferred
it, it being
I precedent
the Money
for Goods
the original
ris (but at
Guineas of
ed) without
Mr. Monck
Morris, and
they fliould
s were great
urt at IVeJi-
Servant had
I to comply,
, n\akes him
ble at Com-
,e Cuftom of
r, Judgment
Ititle the In-
xed with as
Notary, for
I of that Na-
no Bill of
J Payment, if
|on, for fuch
held a good
kxty Guineas
Uiff declared
Jnts ; and it
(ltd Trading,
It was given
the Sum of
Iried it, and
Ithe Cuftom
advifed witlj
Merchants,
0/ BILLS OF EXCHANGE, ^c
447
Merchants, who declared that fuch Notes had been in Ufe thirty Years, and that
they looked upon them as Bills of Exchange, but Cur. avifare vuU.
Holt declared he remembered when Aftions on Bills of Exchange firft began, ibid.
242. A Note drawn by J. P. whereby he promifed to pay 12/. 10 s. to J. W. fyjlH.™: a
on a Day certain j and he indorfed the Note for Value received to D. F. who carth.^'eo.
indorfed it to the Plaintiff for Value received, who brought an AdUon againft
y. W. fetting forth the Cuftom of Merchants ; and held the ABion lay.
243. By tliis Statute it is enadted, that if any Perfon ihall forge, or procure zC«.ll. Cap.
to be forged, or aflill in forging any (mter alia) Bill of Exchange, Promiffory ^5- ^ "•
Note for Payment of Money, Indorfcment, or Aflignment of any Bill of Ex-
change, or Promiifory Note for Payment of Money, or any Acquittance, or
Receipt for Money or Goods ; or (hall utter or publiih, as true, any fuch forged
Bill, ^c- knowing the fame to be forged, with an Intent to defraud any Perfon ;
every fuch Offender fliall be guilty of Felony without Benefit of Clergy. And,
244. By this Statute, if any Perfon fliall falfly make, alter, forge, or procure 7, ^"* "
to be fidfly made, Cff. or aflift in falfly making, Gfr. any Acceptance of any*""'"'""
Bill of Exchange, or tiie Number, or principal Sum of any accountable Receipt
for any Note, Bill, ©"c. or any Warrant, or Order for Payment of Money, or
Delivery of Goods, or Ihall utter or publifh any fuch falfc Acceptance, Bills, ^c.
with Intent to defraud any Perfon ; every fuch Offender Ihall fuffer as a Felon,
without Benefit of Clergy.
245. Letters of Credit being a Species of Bills of Exchange, and equally
binding with them, I fhall fpeak of them under this Head, as the proper Place
for it } and prefume it will be needlefs to counfel my Readers to be very circum-
fpedl in giving them, as their Honour and Credit is as much concerned for the
pundu.;! Re-payment of whatever Sums are advanced in Confequence thereof,
as they would be for the Difcharge of a Bill of Exchange.
246. Thefc Letters are of two Sorts, viz. General and Special, and both
given to furnifb travelling Perfons with Cafh as their Occafions may require ;
they are commonly open or unfcaled, and contain an Order from the Writer
to his Correfpondent or Correfpondents, to furnifli the Bearer with a certain
Sum, or an unlimited one ; and the Difference between them is, that the former
is dircdtcd to the Writer's Friends at all the Places where the Traveller may
come (though it is now cuftomary to give feparate Letters to each Place) and
the other directed to feme particular one ; obliging himfblf for the Re-payment
of whatever Monies fhall be advanced in Compliance with the Credit given, on
producing a Receipt or a Bill of Exchange (which he thinks proper to have)
from the Perfon credited.
247. If any Money is advanced on either Species of thefe Letters, and Bills
of Exchange given for the Sum on the Perfon who vvrote them, he is obliged
to accept and pay the fame ; and m cafe of Refufal he may he compelled thereto,
rather than the Drawer, as the Remitter in the Loan of his Cafh had more
Regard to his Correfpondent's Sufficiency than the Drawer's, whom it is probable
he knew nothing of; therefore, jn this Refpedt, the Perfon giving the Credit
is to be reputed as the Drawer.
248- And as the Giver of thefe Letters is fo obliged for the pundlual Re-pay-
ment of the Money advanced, I repeat that he ought to be very caitiou^ to
v.rhom he gives them, more efpecially thof'e without Limitation, as thefe in the
Hands of a difhonefl Perfon may prove his Ruin 5 and as it is hardly polTible
that he that r ;quefts the Credit fhould be ignorant of what Cafli he fhall want
(at Icafl: Wi ^ little Difference) I think the Compliment (for it can be nothing
eife) of an unbounded Credit fhould be excufed, as it is really of no Servirf
either to him that pays, or him that receives it.
249. Advice by Pofl fliould always follow a Letter of Credit, and Duplicates
of it accompany fuch Advice j and it would be prudent therein to deli-ribe the
Bearer, w ith as many Particulars as pcfTible, for fear he fliould lofe or be roM .d
of his Credentials, and a Stranger reap the EfFedts of them. Thefe Letters are
wrote in various Forms, and though a Copy may be fuperfluous to moft of my
Readers, yet the Profpedt of its being ferviceable to fome few, I hope, will
plead my Excui'c for adding it here.
Mr. Ahrahom
* ■ [ - ''M'
>1 ■- ■''is h-il
•'■^ ■vm
■f'Vf'ti'il
■: ^^v,
'■■■I
. .,■(
448 0/ BILLS of EXCHANGE,
s>
T.
il!:^ ■
vi
Mr. Ah'aham Hme/ly, ^,ondon, the 3d of January, 1752.
THIS is deilgned to accomi^any (or kijs your Hands l^) Mr. John Stevens,
and to rcqitfft your furnifhing him with a thoufand Dollars of your Money
for with as much Cajh as hefiall require of you, if you give an unlimited Credit) for
which plcafe to take his Bills on me, or on pny other he ftiall think proper to
draw tncm j and I do hereby oblige myfelf for their punftual Difchargc, and
remain.
Sir, your mofi humble Servant,
To Mr. Thomas RIchardfon, W. B.
Merchant, in Leghorn.
250. The Time of paying Bills is always fettled between the Drawer and
Remitter, fomctimes on a certain fixed and appointed Day, or at Sight, or fo
many Days after Sight, or fo many Days, Weeks, or Months after Date ; at
Ufance, half Ulance, Ufance and half, and two or three Ufo's or Ufanccs.
2 CI. A Bill payable at a certain Day, is due on the Pay mentioned, according
to the Stile of the Place it is drawn on, not where it is drawn from ; fo that
a Bill from Amllerdani, made payable at Hamburgh on the laft Day of November,
is to be underuood that Day Old Stile, and vice verjd for a Kill drawn in the
fame Manner from Hamburgh to Amjlerdam.
252. If Bills are made piyable at fome Days after Sight, their Acceptance is
dated on the Day they are prcfented, and from thence the Days of their running
are counted ; but if tliey are made payable at Sight, they arc to be latisfied
witliout any Days of Grace to be allowed.
2;3. If a Bill be made payable fome Weeks after Oate or Slglit, the Weeks
muft be reduced into Days, and in counting thefc the Almanack fliould be
confulted ; ajid if a Bill is drawn to be paid one or two Months after Sight
or Date, then the Day of Payment falls on ihe fame Day in the mcceeding
Month, Gff. from that in which the Bill was prefented or dated, altho' the
Months diffcied in the Number of their Days. A' for Example, a Bill dated
the 7th of fanuury, and payable a Month after Date, is payable the 7th of
February (not tlie 8th) and a Bill dated the 30th of fnnuary, to be paid a
Month after Date, becomes due on the laft Day oi February, though this Month
hath not fo many Days in it as the other.
254. And when a Bill is dated according to the Old Stile, payable a Month
after Date in a Place where the New Stile is obferved, it does not always fail due
a Month after the Old Stile Date, as will be p oved by fuppofmg the iiJl dated
(lie 25th of April, O. S. payable a Month after Date, in a New Stile Country,
and it does not fall due on the 25th of May, O. S. (which is the 5th of func,
N. S.) but on the 6th, for when the Bill was dated it was the 6th o^ May, N. S.
which ought to be well obferved, as this will make a Diiicrcnce of two Days
in Leap- Years, and of three in others.
255. A Bill ninde payable a Month after Date from the 28th of February,
falls due on the 2^th of March i but if it be dated "uimo Feb. then it is not
due till the ultimo March, and the iame in June and fu/y, *s the one hath 30,
and the other 7 1 D^ys.
256. Bills made payable here at Sight hAve no Days of Grace ;tllowcd; but
if it is but one ^ay *ftcr Sight, the Acceptor may claim them, though this
ought not to be praiUfed in Countries where the Refpite Days are many.
257. To r?ckyn the precife Time of a BiU's Payment (made payable after
Date) it is necert'ary to calculate the Difference between the Old and New Stile,
and to know wh;it Ufance is in every Country j and for my Reader's Information
herein, the following Places ob.'erve tlie Neiv Stilt; viz. /imjterdatn, Dordrecht,
Hacrlcm, Leyden, Rotterdam, and all the United Provimes of Holland; as alfo
Middleburgh, Utijfingen in Zealand; Aiiliverp, Bruges, Dor nick, Ghent, RyJ/'el,
Brufjels, i^al(!ilt<imies, and all Brabant, Flanders, and Artcis ; Paris, and all
France; Spain, Portugal, and all Italy; Augsburgh, Crembes, Lintz, Vienna, and
fcvcral Places of the Empire ; Brejlau; and iUl Sibjia ; Calne, Dantzici, Koning-
2 Jburgh,
•is
0/ B I L L S OF EXCHANGE, ^c.
jfjurgf', Thome, and all Poland; arid fincc the ift of January, 1752, Great*
Britiiin and Ireland,
258. The Places that obferve the Old Stile are,
Mufcovy, the Kle<ftorate of Brandenbtirgh, Denmark, Eaji Friezeland, Franc-
fort (on the Main], Gene^m, and tlie Protcflant Cantons of Switzerland, Ham-
Inirgh, and all Holjlein; lAtbeck, and all Meclinburgh ; Leipzick, Magdeburgh,
Ntiumbourgh, and all Saxony; Riga, Stockholm, and all Sweden; Stra/burg/b, Sec.
The Popijh Eledtorates and Principalities of Germany obferve the New Stile,
and the Protejiant ones continue the Old; and as the Rcafon of this Difference
may not be fo generally known, I beg leave to intrude fo much on the Patience
of that Part of my Readers who are acquainted with it, as to inform thofe that
arc not, which I (hall do in a few Words.
Julius C^:sar, dcfirous of redtifying the erroneous Computation of Time
that had prevailed till then, undertook the Reformation ; and as the Year was
corredted by him, the Vernal Equinox (which reduces Day and Night to an equal
Length all over the (Jlohe, except juft under the Pole) happened in 325 to fall
upon the 2 1 ft of March ; and from this the Nicene Council (being then fitting)
rc<;ulated the Terms for Ecijler's Obfervance. But Pope Gregory XIII. obferving
in'the Year 1582, that the Equinox was changed from the 21ft to the nth of
March, ordered ten Days to be dedudled from the Calendar, and the nth to be
<;ounted the 21ft; which Edidl was generally obfervcd by the Nations acknow-
ledging the Supremacy of the See of Rome, but did not obtain univerfallyj as
moft of the Prott-jLuU Countries continued to reckon their Time as formerly;
and this gave Rite to the different Ways of Computation that now obtain in
Eitmpe, diltinguiOud by the Julian and Gregorian Ca\cnda.TS; and I have only
to add, that iince the Time of Pope Gregory, the Equinox has changed a Day,
viz. from the nth to the loth o( March; io that the Difference between Old
•and AVrt' S/ile is now eleven Days.
259. I'sANCF. from London to any Part in France is thirty Days, (this being
decLired to be a Mimth in regard of Exchanges in that Kingdom) whether the
Month hns more or fewer in it.
Ufanc; from Lc/don, to Hamburgh,
Amjlcrdam,
Rotterdam,
Middleburgbt
Antwerp,
Brabant,
Zealand,
Flanden, — And from thcfe Places to London, is one
Calendar Month after the Date of the Bill.
Ufance from London, to Spain,
Portugcd, — And from thefe Places to London-, is two
Calendar Months after Date.
Ulancc froni London, to Genoa,
Leghorn,
Milan,
■ Venice,
Rome, — And from thcfe Places to London, is three
Months.
The Ufance of Amfterdam,
Upon Italy, Spain, and Portugal, two Months.
Upon France, Flanders, Brabant, Geneva, and upon any Place in the Seven
United Provinces, is one Month.
Upon Francj'ort, Nuremberg, Vienna, ytugsburgb, Cologn, Leipzick, and
other Places of Germany, upon Hamburgh and Brejlau, is fourteen Days after
Sii^ht, two Ufances twenty-eight, and half Ufance feven.
Ulancc from Dantzick, Koningsberg, and Riga, upon Amfterdam, is at one
Month's Sight, though it is common to draw from the iirft at forty Days Date,
and from the others at forty-one, but oftcncr at ten and eleven.
449
!•:
■'■■'» - ..
■■?■•■
5V
And
il
If.
J 'J -
!r,
450 0/ B I L L S OF E X C H A N G E, ^f.
And from Amjierdam on the faid Places, at a Month's Date, without mention-
ing Ulance ; though Ibmetimes at forty and forty-one Days ; and fomctimes on
Brejlau iit fix Weeks Date.
260. Mod Nations have generally agreed to illow the Acceptor of a Bill foniL-
fniviU Time for Payment, beyond that mentioned in the Bill, termed Days of
Grace, or Refpite; but they as generally difagree in the Number, and Com-
mencement of them.
At London, Bergamo, and Vienna, three Days are allowed ; at Francfort (out
of the Fair-Time) four; at Leipzick, Naumhourgh, and Augsburgb, Hve; at
Venice, Amjierdam, Rotterdam, Middleburgh, Antiuerp, Cologn, Brejlau, and A'k-
remberg, fixi at Naples, Denmark, and Norway, eight; at Dantzici, Konings-
btrg, and in France, ten ; at Hamburgh and Stockholm, twelve ; in Spain, four-
teen ; at Rome, fifteen ; at Genoa, thirty. At Leghorn, Milan, and fome other
Places in Italy, there is no fixed Number of Refpite Days. Sundays and otlier
I'eftivals are included in thefe Days at London, Naples, Amjierdam, Rotterdam,
Antiterp, Middleburgh, Dantzick, Koningjberg, and in France ; but not at Venice,
Cohgn, BrcJlau, and Nuremberg: At Hamburgh, and in France, the Day on
which the Bill falls due makes one of the Days of Grace, but no where clfe.
261. At Venice no Bills arc permitted to be paid by Indorfemcnt, f) that they
mufl: be payable to a certain Perfon, and not to Order, or to the '' xuration of him
intended to receive them ; and in Places where there are Bank;., if Bills fall due
when thefe are {hut, tliere are always fome Days of Grace allowed the Acceptor
after their Opening.
262. It was formerly agreeable to the Laws of Portugal, and I believe is ftill
ib to thole of Italy (though certain!;, quite contrary to Juftice ai -^ Honefty) for an
Acceptor to be freed froii' Ij' , Obligation in cafe of a Drawc.i ■ 'afolvency before
Payment ; but as fome ncijd Trials on this Submit in thv '^.rlt-r. , "-.uoned Kingdom
feein to have altered the Laws for the bett';r, I Ihall a^.c- liiit i !/ icadcr both with
the Occafion and Succefs of them.
26'^. Some few Years ago, a Gentleman from thi". Cs'. ,
Bills on his Correfpondcnt at Lijhon, and .-^ied two c>i 'i\;
the Bills were accepted, but on Advice of *'\c Drawer" j De.
ot London, drew fome
Days after infolvcnt;
^nd Infolvency, Pay-
ment was refufed; and the Acceptor flicltering hi r.! 'f iin;,vi the then fubfifting
Laws, flood a Trial, on being fued ; but the joe- ha>'irii^ ; R ,gard hj the Cuftom
of Merchants, gave a Sentc ce againft him, and he paid accordingly. However,
fome time after, 1 T Jcrchant at Amjierdam drew two Bills on another at Lijbon,
which were indorfea ;y ' : .; here to two feverai ones there, anct were both
punftually accepted; bi" (h; i">fi . er failing, and the Indorfer likew.fe, the Ac-
ceptor rcfuft i Paymciiv, whicij 1 iged the Pofieflbrs fc lue him for the Value,
and this they did in K,.;:.-^-: buits, carried on befoie difFeient Judges, whole
Opinions were fo oppofite, that one of the Holders had a Sentence in his Favour,
aiid the other againft him ; upon which new Suits wen; commenced, and finally
determined for them, who accordingly recovered not only th^ Principal and
Charges of the Bills, but thofe of the Law-Suits alfo; which feems to have fixed
the Point before conteftable, and now placed it on a Pir with what is obfcrvcd in
the other Parts of F.urope. And though there arc fome few in Italy who value
thcmfclves on the Prott i\ion of the Laws to fcreen them from a Payment under
the aforementioned Circvunftances, yet they thereby irreparably prejudice their
Charailler, and muft not cxpcd anv future iCredit ; fo that thofe who have any
Regard for either, ad more like Men.hants and hor.eft Men, and difcharge their
Acceptance whilft they are aide.
264.. In the Territories of the King cS Denmark, no BilU muft be made
payable after Sight for a longer Term tiian two Months ; and whatever protcfted
Bills arc not fued for in fix Months from the Protcll's Date, iliall lofe their
Right as Bills of Exchange, and iheuccforward be only regarded as a Book Debt ,
and all l.aw-Suits concerning thcn\ mufl be concluded within a Year. It hatli
lon^;- fiuce been dcterjnined by a fettled Rule among the Merchants at Copenhagen,
an<^ confirmed by a Judgment in the higheft Court, tliat the Charges on all pro-
tk;ftcd Bills fliall be ^ix per Cent, for Exchange ;uid Re-cxdunge, with 'i per Cent.
for Provifion; and by a Placard of the 26th of Nov. 173 1, Bill-Bonds (which
I are
c.
ut mention-
itnetimes on
f a Bill fomc
led Days of
, and Com-
'ancfort (out
•ght live; at
\au, and Nu-
ick, Konings-
Spain, lour-
id fome otlier
■jys and other
n, Rotterdam,
: not at Venice,
', tlic Day on
here clfe.
t, f > that they
;urationof hiiii
If Bills fall due
d the Acceptor
[ believe is ftill
ionefty) for an
ifolvency before
ioned Kingdom
eadcr both with
Jon, drew fome
after infolvent;
tnfolvency, Pay-
then fubfifting
rd ;<^ the Cuftom
y. However,
[^ther at Lijbon,
anrt were both
kew.fe, the Ac-
for the Value,
Judges, whole
in his Favour,
iced, and finally
Principal and
ITS to have fixed
ut is obfcrved in
Italy who value
Payment under
prejudice their
fc who have any
d difcharge their
muft be made
hatevcr protcrted
llwU lofc U-icir
as a Book Debt ,
Year. It hadi
Its at Copenhagen,
argcs on all pro-
, with i per Cent.
ill-Bonds (which
are
0/ BILLS OF EXCHANGE,
re.
451
1
are a Sort of Inland Bills, and ordered in lieu of Notes of Hand) were introduced;
they muft be on ftampcd Paper, and drawn at three Months, but not to co 1-
tinue longer than four j they have a Right when protefted like Foreign Bills of
Kxchangc, bear an Intcrcft of i per Cent. Monthly, and muft be fued for within
a Month after due.
265. Since I begun on this Subjedl of Bills, a finall Difpute has happened at
Lariorn about their Payment, which I Ihall juft mention for my Reader's Infor-
mation. It hay always been cuftomary at that Place to pay them in Gold ; but
Zecliins have lately been fo fcarce there, as to bear a Premium of two to three
per Cent, from Silver; to avoid which Expence feveral tendered Payment of
.their Bills in the laft-mentioned Metal, and not being admitted, fome of them
were returned protefted, which occafioning a little Confufion in their Com-
merce, an Application was made to the Regency, who (as I underftand) deter-
mined, that Bills ftiould be paid as ufual; however fome here ftill pretend to
have an Infertion in all they take for their Payment in Gold, which Innovation I
prefume will wear off, as the Caufc that occafioned it ceafes. Ar.d having tre&icd
of every Particular relative to Bills, but their Form, that now naturally challenges
a Remark.
266. Bills of Exchange fliould be wrote in a fair Hand, cleanly, and without
Miftakes ; their Stile admits of feveral Variations, as one or more Bills are granted,
of the lame Tenour ; Difference in the Time or Place of Payment ; or acordinfr
to the Species it is to be made in ; which the following Forms may ferve to
illuftrate.
London, xht i%l\i of January, 1752. ^ Exchange for re/. Str.
AT Sight of this my only Bill of Exchange, pay to Mr. Jobn Rogers, or Order,
fifty Pounds Sterling, Value received of him, and place the fiune to Account,
as per Advice (or without farther Advice) from
Samuel SUnner.
To Mr. "James Jenkins,
Merchant in BriJioL
London, the i8th oi January, 1752. Exchange for ioO(..o Liv. Z\,
AT fifteen Days after Date (or at one, two, &c. Vfo'sJ pay this -- y firft/>^r
Exchange, to Meff. John Rogers and Comp. or Order, ten tho'ifand Livres
Tournois, in Specie known to us this Day, Value of Ditto's, and place the faruc
to Account, as per Advice from
I)
To Mr. Henry Kendrick,
Unquiet in Puris,
T' mas Bencraft.
«".t
the fecond
London, the i8th oi January, 1752.
Exchange for loooo Liv. To.
AT fifteen Days after Date (or at one, two, &c. Ufa's) . this my fecond per
Exchange (firft or third not paid) to Meff. John Roger and Comp. or Order,
itn thoufand Livres Tournois, in Specie known to us this Day, Value of Ditto's,
and place the lame to Account, as per Advice from
Thomas Bencraft,
To Mr. Henry ^etidrkk,
Banquier in Taris.
2)
and in the tliird write (firjl or fecond not paid ) which Examp! nay ferve for all
Bills.
London,
■; ■■■■:•: ■':'>'',''^
'■Vv't^-^r.
^m
W ^''
w '
45a 0/ B I L L S o F E X C H A N G E, e^r.
LonJon, the 1 9th of January, 1752. Exchange for D. 1000.
AT Ufancc pay this my firft per Exchange to Mr. Ignatio Tefiori (or to the
Prccwation of Mr. Ignatio Tcftori) one thoufand Ducats Banco, Value of
Mr. Gregory Laman, and place it to Account, as per Advice from
Nicholas Reubens.
To Mr. Jami Robottom,
Merchant in Venice.
London, the 18th of January, 175a. Exchange for i6oo per 000 Rs.
AT thirty Days Sight (or Ufance, &c.) pay this my firft ^cr Exchange to
■**• Samuel Fairfax, Efqj or Order, one thoufand fix hundred Mil Reis, Value
of Ditto, and place it to Account, as per Advice from
Jeremiah Tomlinfon.
To Mefl*. Brown and Black,
Merchants in Lifbon,
London, the x'iiCa.oi January, 1752.
Exchange for 273 /. 1 5 j. St. at 3 5 Sc. 7 G. per ^ Str.
A T two Ufo's and a half, pay this my firft /tr Exchange, to Mr. Jofeph Jacobs,
■**■ or Order, two hundred and feventy-three Pounds fifteen Shillings St. at
thirty-five Schillings and fevcn Groots per Pound Sterling, Value of Mr. James
Mo'l'tan, and place it to Account, as per Advice from
John Johnfen.
To Mr. David Hill,
Merchant in Amjlcrdam.
London, the 18th oi Januarv, 1752.
Exchange for 2000 Dollars.
AT Ufance pay this my firft per Exchange, to Mr. Richard Redman, or Order,
two thoufand EX)lIais, Value of him, and
Elq; and C"o. as per Advice from
and place them to Account of IV. M.
Abraham Moreton.
To Mr. Rar'^'oiotnew Jermain,
Merchant in Leghorn.
!<( . B. Bills are drawn in the farm Manner on Genoa*.
Loudon, the iSdi oi January, iy$%^
Exchange for xx 2000. at 400 Rcis per Crulado.
A T Ufance pay this my firft ^^ Exchange, to Mr. Samuel Le^, jun. or Order,
■**• two thousand Crui*does, at four hundnrd Reis per Crufado, Value of Ditto,
and place them to Account, as per Advice from
John Thomas.
To Mr. Richard James,
Merchant in Oporto.
London, the iSth of J\:nuary, 1752. Exchange for ^ 1 08 10 Irijh Str.
A T thirty-one Days aitcr Date, pay fin Dublin J this my firft per Exchange,
■**■ to Mell. Richard and Thomas Moore, or Order, ohc hundred and eight Pounds
ten .Shilling!;, SterUng Mone\ of Ireland, Value of Mr. Ezekiel Sampfon, and place
It to Account, as per Advice from
Nicholas Fairman.
To Mr. Chrijhpher Reynolds,
Merchaj)t in IVatcrford.
A made
"orD. 1000.
7 (or to the
:o, Value of
olas Reubens.
1 per 000 Rs.
Exchange to
1 Reis, Value
iab Tomlinfon.
rCpir^Str.
^ofeph Jacobs,
Liliiigs St. at
of Mr. James
John Johnfen.
r 2000 Dollars.
man, or Order,
ount of IV. M.
aham Moreton.
is per Crufado.
un. or Order,
I'^alue of Ditto,
John Thomas.
)8 lo IriJhStT.
per Exchange,
d eight Pounds
ipfon, and place
Mas Fair man.
A mad*
0/ BILLS OF EXCHANGE, ^f. 453
A made Bill in French.
MarfeiUe, 31 OStobre, 1752. B. M. 350.
ANonontc Jours de Datte, payez par cettc premiere de Change, i \' Ordre de
Mefl". Jean Jacob/on & Fils, trois Mil. trois Cent cinquante Marcs Banco,
Jean Martel.
Valeur en Comptc,
A Mo(>ficiir
Mcnf. Jacob Geracrs,
A Hamburgh.
The Indorfcment is as follows.
Pay to Mr. James Trotter, or Order, Value in Account. Stockholm, the 3d
of Ot'hber, 17^1.
' John Jacohfon and Sons.
Pay to Mr. Levi Solomon, or Order, Value received. London, the 2d of
January, 1751-a.
James Trotter.
The following is a fccond Bill, in Italian.
Londra, 24 Feb. 175 1. per 600 d' 8 r.
A D Ulb p.igatc per quefta feconda di Cambio (una Sol Volta) al mio Ordine,
■^*- pezze lei Cento do otto Reale, Valuta Contoci (or Auuta del MedeJJimo)
poncndole come per la d'Avilo addio
Thomas Deacon.
Al Sar. Pietro Cambanelli, a Livorna.
La prima per acccttaz. in Mano de Sr. Fralli, &c.
London, the 18th of January, 1752. Exchange for 3000 D.
AT Ufance p;iy this my firft/i,'- Exchange to yourfelves (or to your own Order)
■**■ three thoiiland Dollars of tight Rials each. Gold or Silver, of the Currency
known to us this Day, Value of Mr. John Crew, which place to Account, as
per Advice from
Richard Bingham.
To Meff. Patrick JanJ'en and Co.
in Miidrid.
Patrick Janfen and Co.
When Bills are drawn at Ufance, or fo many Days Date, the Acceptance muil
he at the Bottom of the Bill, as in that immediately preceding ; but when they
arc drawn payable at fo many Days Sieht, the Acceptance muft exprefs the Day
it is made ; and an Indorfer may divide a Bill, and m.'ike Part of it payable to
one, and Part to another, which is done in the following Manner. A. poflefling
a Bill for 200/. Sterling, indorles on the firft 122/. payable to B. and in the
fccond 78/. payable to C. and fends the firft to B. and the fccond to C. fo indorfed,
and on their piclcnting them to the Party the Bill is drawn on, he accepts the firft
for the 122/. and the fccond for the 78/. in Conformity with their Indorfcments.
In France,, by an Ordinance of the King in Marc.b, 1673, it is diredled, that
the Nature of the Value received for Bill- of Exchange fliail be inferted in them,
and exprcfsly mentioned, whether it was in Money, Merchandize, or other
Effcfts, to prevent tevcral Abufts that had crept into this Branch of Commerce,
by the bare hilcrtion only of \'^aluc received j for it was common to give a Note,
in Payment of a Bill of Exchange, both cxprelTing Value received: And this
Method was found to be of great Prejudice to Trade, by occafioning many
Failures, which the afore-mcntioned Arret was intended 1 prevent. And in
tunfequcmc hereof there arc four Sorts of BilH of Exchxr^e in that Countrj',
5 Z viz.
fWgtWl
llijjfi
• '!»T''''«.eB
i vf-'- •Vil
'."/^i.i'l
.■■■"''■'.">1
■'"1 '
R|
It: .'
454 0/ B I L L S of E X C H A N G E, C^r.
viz. the firft cxprefllng fimply, Ki/uc received ; the fecnnd, f^iiiue received in
Merchandize ; the tliird, Value in bimjelfi and tlie fourth, Faliie underjlood. The
firrt and fecond need no Paraphnifc, being both alike in their Negotiation, and
their Diftindtion only anfwering fomc Ends that may otnir between the Drawer
and Deliverer (in Cafe of any Failure or Fraud.) The third Sort is when a
Merchant draws a Bill of Exchange on one who owes liim Money, which he
lends to his Friend or Fadtor, to procure Acceptance and Payment ; and as the
Acccptant is a Creditor of his, an Inconvenience might accrue to him, (honid
he inli:rt Value received, as his PVieiid or I'ador might pretend that it bclongcil
to him, appearing by the Bill tliat the Drawer had received the Value. The
fourth is, when a Perfon taking a Bill of Exchange from one on whofe Credit
he cannot rely, gives the Drawer his Acknowledgment of receiving tlie Bill,
whofe Value he obliges himfelf to liitisfy, on having Advice that the Bill is paid;
but if the Bill returns protefted, it is again exchanged for the Note, the Drawer
defraying the Charges. The Times for which Bills are made payable arc alfo
four, viz. At fo many Days Sight, eight, ten, fifteen, Gff. and the Time does
not commence running till the Day after it is prefented and accepted j fo that a
Bill drawn payable at ten Days Sight, and is accepted the laft Day of jipril, is
not dcmandable till the nth of May, and the Reafon is, that the Day of Ac-
ceptance, which is the 30th of April, is not counted, but the Reckoning begins
only on the ift of May; the loth of May, on which the Bill expires, is not
counted neither, becaufe that the loth does not finiih till Midnight, and con-
fequently an Adtion cannot be brought againd the Acceptor till the i ith of May,
which begins the Moment fuccceding that on which the loth finiflicd j and in
EfFedl, if one begins to count from the i ft of May, and continues to the i oth
at M'dnight inclufive, there will be found no more than ten whole Days, which
is the Time the Acceptor had to pay the Bill in.
The fecond Method of drawing Bills, is to make them payable at a Day
certain. For Example, a Drawer gives his Bill to be paid on the ift of May,
which, according to what is faid in the preceding Cafe, is not demandable till
the fecond, as the Day of its falling due is never counted.
And there is no Obligation to procure Acceptance to a Bill of this Tenour ; as
the Time goes on whether accepted or not ; but is othcrwifo with the foregoing,
payable at lb many Days Sight ; though it is certainly more advifeable to get it
accepted, as by this Means another Debtor is added to the Drawer, which
becomes a new Security.
The third Time of Bills is at Ufance, (which is according to the Places drawn
on) double Ufance, or two Ufances, Gff. and tho' there is no more Obligation
to procure Acceptance to this than to the preceding one, as the Time runs on
from the Day of its Date, yet the fame Rcafons fubfift for folliciting its Accep-
tance as occurred then.
And there having formerly been many Difputes about the Time of Bills falling
due that were drawn payable at Ufance, double Ufance, ©'c the King by his
Ordinance has regulated it for the future, by making Ufance to be thirty Days,
whether the Months have more or Icfs in them, the thirty Days to be counted
from the Day the Bill is dated, and not to be demanded till that fuccceding the
Expiration of the thirtietli, as has been obferved in thole Bills payable at fo
many Days Sight, and at a Day certain ; but thefe Laws arc only binding in
France, on fuch Bills as are payable there, but not on thofe drawn from thence
on other Countries, where different Ufages and Cuftoms arc pradtifed.
The fourth Sort of Terms of Bills, is, when Merchants draw them payable
at Lyons in the Fair-time, which they term Payment, and which they h-^vo
four Times a Year, as has been before mentioned.
When Honefty reigned among the Merchants, thefe Bills, payable in P.aymcnt
at Lyons, were never accepted by Writing, he on whom they were drawn only
faid verbally, seen, and the Bearer noted it in his Book accordingly. The
Lyonnois pradtifcd this for a long Time without any Accident ; but Integrity
became flack by the Corruption of the Times, and fome Bankers 'laving denied
that Bills had been prefented them, the Merchants for a greater Security new
have them accepted in Writing.
It
0/ BILLS OF EXCHA NGE, ^r. 455
It was neccflary that the Bankers and Merchants of Lyons, to cftablifh this
Difpoiltion in the Acceptations, and to rcftraln many other Abufes committed
in tlicir City, (hould fccic a Remedy, and therefore propofed a Regulation to the
Governor, (3c. thereof, die which was approved of, and allowed by an Arret
of Council, and r .'girtcrcd in the Parliament of Paris in the following Words,
viz. " I'hat the Acceptations of the faid Bills of Exchange fhall be made by
" Writing, dated and figned by thofe on whom they are drawn, or by I'erfons
" duly empowered by a Procuration, of which the Minutes ihall remain with
" the Notary ; and all thofe which fhall be made by Fadors, Deputies, and
" others not lurniihcd with Procur;irions, (li;Jl be null and of no Eft'eiif againft
" him on whom they are drawn, la the Rccourfc againft the Acceptor."
This Regulation, which was only for the City ot Lyons, proved a fufTicient
Remedy for the Abufe that was committed by the Want of Acceptance to Bills ;
but this dill not in any Shape remedy tholi.- arifing from a conditional Acceptance
in theli; Words, Acctptc pour Repondrc au Temps (accepteci to anfwer in Time)
for this is the fame as laying nothing, and is contrary to the publick Surety ;
becaufe a Merchant of Paris or other Places, drawing a Bill of Exchange on his
Corrtfpondent at Lyons, who (hall have no Effedts of his in Hand, and who
only accepting it with the Circumftance, To anjwr in Time, not being willing
to advance for his Friend, when the Seafon of the V.\\v, or Payment is come, if
RcmilTes are made him, he pays a Creditor with ■ Debt, if he has the Op-
portunity, or elfc tile Contents of the Bill is dilcharged at the End of the Pay-
ment ; but if he has no Provilion made him, he lets the Bill be protefted j fo
that a Merchant who does not underftand this (^'uftom, and who has paid his
Money three Months before, comes upon tlie Drawer or Bearer of Orders, who
very often have failed in the mean Time ; whereas if he on whom the Bill is
drawn, accepts purely and fimply when it is prefented him, he in whofe Favour
it is would have had his immediate Security, and its Payment when fell due.
And however fuitable to the Intereft of the Lyonnois this Pradtice might be,
(as they generally accepted without Effedts in Hand) yet as it placed them on
a different Footing from every other Trader in the Kingdom, it was judged
but reafonable by other Merchants to find out a Method that fliould put them
all on a Level, and oblige thofe of Lyons to a pure and limple Acceptation ;
but though this was oblerved by fome confiderable Bankers, who drew their
Bills, or took them with the Infertlon of fuch Words as would not admit of
Evafion in the Acceptor, yet this did not anfwer the Intent, as many of Lyons
would not accept the Draughts on them in any other Manner than that formerly
mentioned ; therefore to remedy the Inconvenience and Diforders which this
occafioned in Trade, and to place all his Majefty's Subjcdts on a Level, he
diredtcd by his Ordinance, " That all Bills of Exchange (hall be accepted by
«« Writing purely and fimply ; abro/,'ating the Cuftom of a verbal Acceptance,
" or by tnefe Words, Veufans AcceptT (fcen without accepting) or accepted to
" anfwer in Time, and all other conditional Acceptations, which fliall be deemed
" a Refufal, and tlic Bills may be protefted."
I mention thofe Circumftances, in which I think moft European Nations are
intcrefted, as there is hardly one from whence a confiderable Trade is not carried
on with Lyons, either in the Commercial or Banking Way.
And though the happy Improvement of our own Silk Manufadlures has very
confiderably left'ened for fome Years paft our fading Engagements with that
powerful City, yet there ftill remains inch an Intercourfe, as the Knowledge of
tranfadting Bulinels there may occalionally concern many of my Readers.
I have now done with Exchanges, and exerted my Endeavours to reduce
every neceffary Ohfcrvation on them into as fmall a Conipafs as the Nature of
the Subjedt would permit, confiftent with rendering myfclf intelligible, and
having the Rules I have laid down, clear and pradticable ; and though I might,
without incurring an Imputation of Prolixity, have fwelled a Difcuftion of this
nice Particular into a Volume inftead of a Chapter, I confide I have left nothing
unfuid that could contribute to my Purpofe of clearing up every Difticulty which
might arife to my Readers in their Exchanging Bufinefs ; having carefully col-
ledtcd and communicated the Sentiments of the bcft Writers in all Languages
on
: • \
: M
I
■.,.t -m
1
456 0/ B R O K E R S.
on this Topick, fo far as they were ajrccablc to that Experience which a long
Pradlice in tliis UiMiich vi' Bulinds has I'uriiilhcJ mc with 1 atul [ hope I fliall
not be accul'ed ot Vanity if I all'ert, that niy Labours herein and Enilcavours to
have every Si ^ ion futh, as to itand the (Irictcd Scrutiny, have hy far exec 'dcd
thofe of every other Author that has gone before nu, who cither have fupcr-
ficially run over the Mattor, or bhndly propagated the Errors of one another,
through Ignorance or Sloth, which I have lludicd to rectify, aiii! I confide with
Succtfs.
Before I treat of Arbitrations, I fliall fay fomething of Droirrs, as a proper
Appendage to the preceding Difcourfe, the gre itefl: Part of Exchanges benig
trani'dded by them.
0/ Brokers.
hi':'-
llS'
BROKT. RS arc Peifons fworn and authorized by the Magiftracy of the
I'latc where they a>lt, and fuch are always regarded in Preference to
otheis, who intcricrc in thefe Negociations without being licenlcd j as
a C rcdit is given to a Declaration of the former in cafe of any Difputc, though
it is not admitted from the others ; and in fome Places thofe who illegally cxercifc
the Fmnitlon are lined for acting without PermiiTion.
It is the Duty of a Broker to be diligerit, faithful, and fecret, whether his
Dealings be m Exchanges, or Purchafes and Sales, as they are the Mediators in
all Negoci itions ; and thofe Licenfcd may properly be called PuMick ones, from
the Nature of their ilulinefs, which leads them to a general Employ between
Merchants, Traders, and Remitters. They are called at Amjlcniam (as well as
here) Brokers (Courtiers or Mackelaers) though on the Coalts of Prwence, and
up the Lrjaiit, they are termed Cenfals, and at Paris the Exchange-Brokers
have, for about a Century pall, bartered this Appellation for that of Agents;
and to render the OtRce yet more honourable, about fifty Years ago the Quality
of King's Counfellor was added to it, though the Bufinefs is the lame, however
the Denomination may iliffer.
The Number of Sworn Brokers in London are unlimited ; at Amjierdam there
are three hundred and feventy-rive Chnfiluns and twenty-two "Jeivs, adting in
Trade and Exchanges ; beluies which, there are many who pradtife (as they do
here) unfvvorn and uidicenfed, to whofe Teflimony no Regard is paid in a Court
of Juftice, as before-mentioned.
Thofe who exercilc the I'undion of Brokers ought to be Men of Honour,
and capable of their Bulinefs ; and the more fo, as both the Credit and Fortune
of thofe tliat employ them may in Ibme meafure be faid to be in their Hands,
and therefore they Ihould avoid Babbling, and be prudent in their Office ; which
conhlls in one fole Point, that is, to hear all, and liiy nothing ; fo that they ought
never to fpeik of the Negociations, traiiladed by Means of their intervention,
or relate any ill Report, which they may have heard againft a Drawer, nor offer
his Bills to thofe who have fpread it.
Before olTcring any Bills of Exchange, which a Broker is commiirioned about,
he ought to alk the Perlbn he applies to, whether he wants Bills for fuch a
Place, or hath Money to dilpole of; and if this Merchant queries v/hofe the
Bills are which he has to negociate, he ought not to inform him, till his Reply
lets him know whether he wants any or not.
When a Merchant has difcovered his Intentions to draw, or that he has
Bills to negociate, the Broker ihould offer them, purely and fimply, without
any Exaggeration in their I'avour or Disfavour ; and if he to whom they are
propofiid rcfuk's them, with faying they do not fuit him, it would be not
oidy improper, but impertinent in the Broker, to alk the Reafon of fuch a
Refulal, and tlic Height of Imprudence in him to amplify their Goodnds, or
2 the
Of BROKERS.
ich .1 long
ipc I (lull
leavours to
ir cxcft'iicd
lavc ruper-
ic another,
jnfidc with
IS a pinpcr
iiges being
racy of the
reference to
licenfcd ; as
utc, though
jally cxeicifc
whether his
Mediators in
k one 5, from
)Ioy between
'« (as well as
yovence, and
inge-Brokers
of Agents ;
the Qiulity
ne, however
ierJam there
adting in
(as they do
d in a Court
of Honour,
and Fortune
:heir Hands,
ice ; which
t they ought
[ntcrvention,
:r, nor offer
toned about,
for fuch a
v/hofe the
til his Reply
Ithat he has
jily, without
iim they are
3uld be not
of fuch a
toodntfs, or
the
the Solvency of their Owner, in order to induce tht :lcfurer to change his
Intentions, and take thcni ; on the contrary, he ought to take care never to
deceive the contiadting Parties, but to be finccrc in all hit Adlions, without
uling any Artifice to attain his purpofed Knd in his Ncgociations i and above
all, he ihoulil avoid oil ring Things for which he has no Authority, as he
may be taken at his Word, and have the Ncgociation remain fi)r his own Ac-
count, to his no fniall Diradvantagc (if known) both of Purfc and Credit ; and
the lame may happen in Furciufes and Sales, as in Exchanges.
A Broker (houid take care in making an Agreement between two Pcrfons,
to be well allured of the Place to be drawn on, and when it is, where there is
a fettled Ufuue, he has nothing to treat of but the I'rice j thouL;;h, in cale
the Parties agree on an Exchange for a Place where the Time of the Hills
running is uncertain, that of Payment muft be fixt, with every other Rcijui-
fitc to conclude the Bargain.
When a Broker has adjufted a Rcmifs, he muft enquire of the Remitter to
whom he will have the Bills payable, and ihould always carry fome Slips of
Paper on a Poft-day in his Pocket, on whith to note it, as alfo the Sum agreed
for the 'lime * Payment, to whom Payable, from whom the ^'alue is to be
received, at what Price the Exchange was concluded, and the Day it was
agreed on, which IMemorandum he muft give the Drawer, and enter a Dupli-
cate thereof in his BiH)k, that may fcrvc as a Tcftimonial, in cafe of any Difputc
between the contraifting Parties.
It is the Broker's Obligation to call for the Bills, and carry them in Time to
the Remitter, thougli this is a good deal out of Ufe in this great Metropolis,
where the Merchant commonly fends a Clerk with them, to leflen the Broker's
Trouble.
A pnulent Merchant will never attach himfclf entirely to one Broker for fix-
ing the Price of the Exchange, nor will prefer one to another in the Execu-
tion of his Commiflion, either through Favour or Fricndfliip, but he who
offers the moft beneficial Terms fliould be the Agent on that Occafion ; and
by fuch Behaviour he difobligcs nobody, but rather ftimulates an Emulation
in them to procure his Advantage.
It is a great Fault in a Merchant whofe Credit is not well eftablifhed, when
he has a mind to draw, to make Ufe of a Broker who is but young in, cr
ignorant of his Bufinefs j and he who draws in Virtue of a Letter of Attorney
for another's Account is obliged to declare it f the Broker, who muft in Con-
fequence contract in the Name of the Conftit'icnt, and not in his who gave the
Order.
An Exchange once concluded with the Broker, or by his Mediation, ought
to be carried into Execution ; as it is both unfair and illegal for either the
Drawer or Remitter to rctrad their Words given. And if a Broker concludes
any Thing either without or exceeding Orders, more efpecially at an inferior
Price, the Merchant has juft Reafon to refent it (though the Broker offers Sa-
tisfaction) as his Credit is concerned, and may be hurt beyond a Poffibility of
Reparation.
The Bills o.*" young Beginners may be offered by a Broker, but if he fre-
quently tenders fuch as are notorio ly in Difrepute, he muft greatly luffer in his
Reputation; more efpecially if he takes on him to recommend them j and if
he 'ubmits to be employed by one he knows to be infolvent, or near being fo,
and .endeavours to draw or remit for him when certain that his Bills will not be
anfwcred, or he as a Remitter not comply with his Engagements, he ought to
be fcvcrcly puniftied for his Knavery ; and his being deprived of any future
Ikfincfs is the Icaft he can expert, though the Punilhment not adequate to his
Deferts.
A Broker ftiould never alk more, nor admit lefs, than what the Law and
Cuftom allows him ; this for Exchanges in London is always one per Mil. for
each of the Parties concerned (though on Purchafes or Sales -J- per Cent.) ard
at Ar'ijlerdam tlie Tariff is fettled at three Stivers for a hundred Guilders, thj
6 A half
457
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IMAGE EVALUATION
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Sciences
Corporation
23 WBT MAIN STREET
WEBSTER, N.Y. USM
(716) •72-4503
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4ip
^
^
),
m .
458 0/ the Par 0/ MONIES.
half payable by the Drawer, and the other Moiety by the Remitter, as follows,
v/z.
A thoufand Ducats op Fem'ce
A thoufand Dollars on Getiea or Leghorn
A thoufand Ducats on Madrid, or any other Part of Spain
A thoufand Crufados on Lijhon, or any other Part of Portugal
A hundred Pounds Sterling on London, or any other Part oi Eng-
land, Scotland or Ireland
A thoufand Crowns on Paris, or any other Part of Frj«r^
Though when the Exchange was very high. Brokerage was in Pro-
portion, and formerly Guild. 4. 10. were paid en negociating the
thoufand Crowns.
A thoufand Rixdales on Francfort, Leipzick, or Brejlaw
A hundred Livres de Gros (or fix hundred Guilders) on Dant-
zick, Coningjbcrg, ylnvers, LIJlc, and all Flanders and Bra-
bant
A thoufand Dacldcrson Hamburgh (compuisd i666| Guilders)
A thoufand Guilders on Rotterdam, and other Parts of Holland
A thoufand Guilders Bank Money changed into Current
A thoufand Guilders of Gold changed into Silver, ard per contra
Five hundred Livres de Gros for an Eajl-lndia AAioii
s.
o
o
10
o
10
10
o
o
o
o
o
o
3 »o
18
10
10
o
o
o
o
o
o
o
o
o
And in Proportion on other Places of Exchange j not but that fome Brokers
impofe on People they find ignorant of the abovementioned Regulations and
Cuftor.is, but this is a Cheat, which no honcft Man will be guilty of.
At Paris Brokerage is ^er Qint. and at Lyons forty Soir is common ly given
for three thoiiiuiiu Livres Tournqis, Half by the Taker and Half by the diver of
the Bill i and at this lad Place any one is permitted to exercife the Fundion of
a Broker, it being a free City, i
At Venice Brokerage is j per Mil. at Genoa ~ per Cent, at Legbirn -J- per Mil. at
Bologne i Sol per a hundred Crowns'; and in afl other Banking Cities according
to what the Government has £ittled« ■
i\' '
"^.'^^
W:'
: '^f :
Of the Par of Monies.
M
O S T of what has hitherto been wrote concerning the Par of Coins li
i^-r M obfcure &nd confufcd : the greatell Part ol the Authors who have piub-
lifhcd any Thing abput it give the Par of Moaiep no longer current j however
it is a Thing not over ditiicult, as it only confills in making th« Comparifon be-
tween the intriniick Value of the Gokl and Silv«r Coins of each Country,
and the Price, they pafs cqrren.t; ajt,; it is therefore neceiliuy that the exadt
Wc^t and Siundard pf iuch Monifls be firft known. The celebrated Sir Jfaac
Newton publiflied a Tradt of the Standard of foreign Coins, which was printed
at the End of Mr. j^itMh)iat''s Work -, but fo rajiay Alterations have fince been
made in the Mqni^; pf ^dw<, Spm^ and fome other Countries, that it is
neceifar)'. to examw^ the laft ArreH that have been pubUthed about them to clear
np thip Particular. A9 for ^yaipple ; The King of Spain, by a Decree of the
i^rik ct( jftrnuary, reefed the Piii<4e from thitty-two to vnirty-fix Rials of
plate J and by a Aj>i««jwent Decree of the 8th of Febritary following, it was
ordained that th& Ij^p^grs ihould ^c current in hJB £ftates at nine and ^ Rials
inilead qf eight, w}^^ x\\zy ptii^f} flt i>eforqj .attd thefe have fince been railed
to ten, and the Pirtole to forty Rials : which Obfervation might be enlarged
on that of fevcr4,ot^:Spccic% tl^t neither iiodiB nor Time riermits my do-
ing it; 1 mull thof^'on? coiu^q^viyJiLU' with giving fome few Examples ; but
thcfc Ihall be fucUjMPwill futlHMntly and. deafly demonflrate the Method by
which all othei5».i3W3(.be;f6(UBd.yut.' , i ;.
5 / The
Of the Par 0/ M O N I E S.
the Par of Gold Coin tetween London tfW Anoflerdam.
Of It Mark of Gold of the Standard of 22 Carats are made in Enghnd 44 1
Guineas, as Sir IJ'aac Newton dcmonftrated to the Lords of the Treafury on the
21 of September 17 17, each Guinea being then current at 21 Shillings and
Sixpence Sterling, but fincc it has been lowered to 2 1 Shillings. At pre-
fcnt 1000 new Hofland Ducats weigh 14 Marks i Ounce and i i-J- Engels ; each
Mark is of the Standard of 23 Carats and a Trifle more than 7 Grains, from
whence it follows, that there is as much pure Gold in 1000 Ducats as in 45iyT
Guineas. Commonly in the Payments that are made among the Citizens, a
Ducat paflTes in Holland for 5 Guilders and 5 Stivers current Money, and
according to this Proportion, an Englijh Guinea, or 21 Shillings Sterling, is
worth 1 1 Guilders and 12 Stivers current Money of Holland; or ()^^o^-^ Shil-
lings Sterling are equal in Value to 5250 Guilders ; or one Pound Sterling to
about 36J. I id. de Gros, current Money ; or if the Agio be reckoned at 4^
per Cent, it will be found very near 35J. 3d', de Gros Bank Money.
The Par between London and Amfterdam of Silver Money;
According to the aforementioned Report made by the faid Sir Ifaac Newton
in the Year 1717, 1 1 VW Ounces of pure Silver, and Vr of an Ounce of Alloy
made 62 Shillings Sterling j in Holland 200 Pieces of 3 Guilders weigh 25
Marks, 5 Ounces ii| Engels, and are of the Standard of 11 Pennyweights;
or in 105244^ Shillings Sterling there is as much fine Silver as there is in the
faid 200 Pieces of 3 Guilders, and the Value of 20 Shillings Sterling in 1 7 1 7
was near to 38 Sch. current Money oi Holland.
If the Comparifon be made by Ducatons, or by Holland Rixdales, Inftead of
3 Guilder Pieces, it will be found very near the fame Value ; for ifit be true
(as I am informed) that 200 Ducatons weigh 26 Marks 3 Ounces 1 5 Engel»,
and their Standard i$ 1 17 Pennyweight ; and if 200 Rixdales weigh 22 Marks
6i Ounces of the Standard of lo^ Pennyweight; when the 3 Guilder Pieces
are fixed at 60 Stivers, the intrinfick Value of the Ducaton will be 63 Stivers 3-1.V
Deniers, and the Rixdales 50 Stivers and almoft 2 Dcniers.
The Par between France and Holland /ar the Gold Coin,
A Mark of Gold Money, worth at prefent in France 720 Livres, is exadly
30 Louidors, and the Standard 2 1 Carats 7 or 74. Grains, we will take the
Medium when at 2 1 Carats 7^. Grains, each Louidor ought to weigh 5^ En-
gels ; thoie coined in the Year 173 1 weigh 5 Engds and 10 Ar^cn, which we
may deem the true Weight. In 1 000 Holland Ducats there is then as much
pure Gold as in 466^4. Louidors. If the Ducat is counted at 5 Guilders 5
Stivers current Money, a Louidor, or 24 Livres Fr<»rf>, is worth o£ Dutch Money
1 1 Guilders 5 Stivers, and the 3 Livre Crown almoft 56-^^. de Gros current
Money, or 64 French Livres were (in 1731) of an equal Value with 30 £>«r«<6
current Guilders, and 16 French Crowns ot 6 Livres are at a Par with 15 three
Guilder Pieces j or 30 Ducats of Holland are worth 14 Louidors.' The Propor-
tions I here give are fufficiently exadi ; for if 1000 current Guilders are reduced
into French Money, there will be found by the ftdd Proportions only -^ of a
Louidor, or tV °^ * French Livre, Icfs than by the intrinfick Value ; Vt o^ *
French Livre are 4- of a Guilder.
If the Agio of -T per Cent, upon the Bank Money be taken, the Value of
3 French Livres will be a fmall matter le& than 53t<'- de Gros JBkink Money.
The Weight of 1 000 Louidors of the Sun is 33 Mark*, i Ounce of the Stan-
dard of 21 Carats, 7 Grains (Koophandel van Amilerdam 2de Dtil. pag. iir.
ed. A. 1727) by which it is fcen that they are near of equal Value with the
new Louidor.
ne
459
i « -*
460 0/ M(? Par tf/ MONIES;
Tie Par between France and Holland of the Siher Money.
The King oi France, by an Arret of the 2^th of May 1 726, fixed the Mark of
Silver Money at 49 Livres 16 Stivers, andlince that Time I believe no Altera-
tion has been made j the Standard is almoft 1 1 Pennyweights, and that of the
ancient Crown of 9 to the Mark was of 10 Pennyweights and 22 Grains (Traite
des Changes Etrangers, par Mr. Dernis, Paris 1720.) At prefent in France
there are 6 Livre Crowns of StV to the Mark, and it is faid that the Standard
is 1 1 Pennyweights. In making the Calculation it will be found, that in
200 three Guilder Pieces there is as much pure Silver as in 2 1 3^,V French
Crowns of 6 Livres, or each of thcfe Crowns worth pretty near 56.^ Stivers
current Money. of Holland; this is very near the fame Value which we have
found in the Gold.
The Silver Pieces of 24 Sols, coined in France 1726 and 1727, only weigh
3^ Engels, and the Value in Dutch Money is io-|.f current Stivers.
Almoft all Authors who have treated of a Par, have taken for a Foundation
that the ancient Crown of j Livres or of 9 in a Maik (iy the yirret of the \btb
of September 1666, Mr. Dernis, Pag. 4.) was worth lood. de Gros of Hol-
land, or that the Mark of 1 1 Pennyweights French Money was worth 22 Guil-
ders 10 Stivers j but at prefent by the Pieces of 3 Guilders the Value of the faid
Mark is found to be 23 Guilders 7 Stivers, or that of a Crown of 3 Livres
103^. de Gros current Money ; upon which Footing the Calculation may be
made in the prefent Time } for it (hould be ftatcd by the Rule of Three in-
verted } if wnen the Mark of Money is fixed at 27 Livres, the Par is 1 03^1/.
de Gros, how much will the Par be if the Mark is worth 494-. But it is
cafier to make the Calculation by the Crowns, becaufe it is found at prefent
that there are i6.| Crowns of 3 Livres in a Mark ; fb it is faid if i6.f Crowns
arc worth 23 Guilders and 7 Stivers current Dutch Money, how much (hall
one Crown be worth ; and it will be found as aforefaid, a h'ttle more than
56^. de Gros. In the Beginning of the Year 1726 the Par was at tjid. de
Gros ', it may be feen then, that it is very ea(y to find the Par, whether the
King oi France rifes or falls the Price of the Coin. In Cafe that it changes
not only the Weight but the Standard, the direft Rule of Three ought to be
ftated by faying. The ancient Standard is to the Par that is found, as the new
* Standard is to the Par fought for.
7be Par between Lilbon and Amftcrdam for the GoUCcin.
By an Ordinance of Monf. the Count de Daun, it is feen, that the old Lou!-
doT of France weighed at Milan 5 Pennyweights and 12 Grains, and the Cru-
zado of Lifbori 8 Pennyweights and 18 Grains; 1000 of the faid Louidors
weighed in Holhind 2 1 Marks i Ounce and 1 5 Engels, or each Louidor 4
Engels 1 1 j. Azen ; according to this Proportion, the Cruzado ought to weigh
6 Engels 29^- Azen ; if the Standard is reckoned (with Sir J/aac Newton) at
2 1 Carats 7 Grains, as the ancient Piftoles of Spain and France were j (Koop-
bandel van AmAerdam ide Deel, pag. 1 1 1 and 83.1 ) there will be found as
much pure Gold in 358|tt Cruzados as in 1000 Ducats of Holland; and put-
ting the Ducat a». 5 Guilders and 5 Stivers, the Value of a Cruzado will be 14
Guilders 1 3 Stivers and i Denier current Money ; and becaufe the Cruzado pafTes
at Lifhon for 4800 Reis, 400 Reis are worth ^oL\d. de Gros current Money, or a
little more than 464*/. de Gros Bank Money, if the Agio be taken at s per Cent.
or 47</. de Gros if the Cruzado weigh 7 Elngels, as it is commonlv reckoned.
This may be done by a yet fliorter Method ; for by the Ducat it is ibund, that
a Mark of the faid Cruzados is worth in Holland 338 Guilders 9 Stivers ; and it
is faid, if 160 Engels arc worth 338 Guilders 9 Stivers, how much fliall 7
Engels and 29^ Azen be worth f In a Book printed at Amfterdam 1730, in-
titled, Sleutel des Koopmans, Pag. 318, it is faid that the Par it 63^1^. de
<^ros.
A New
Crowns
jt New
Of the Par 0/ M O N I E S.
A New Method to avoid the great FraSliom.
2iOT%Vr
,2I3tt^
rV<r t'rcuJ}
In calculating the Par, or in making the Comparilbn between Coins, great
Fra^ions frequently intervene. As for Example j v/e have found in
Engtijb Crowns of 5 Shillings Sterling, as mucn pure Silver us in
Crowns of 6 Livres ; or i Crown of 6 Livrcs has as much fine Silver as
of an Englijh one of 5 Shillings, but the working of this with fo great a FrDdtioii
being very troublefome, it may be changed for a lefs Fraftion that fliall be almoft
of the fame Value, which may beexprciled as in the following Problem.
a s 4 1 1 .14
7 ' > «"»▼
Pr
O B L E M.
A great Fraftion being given to find another, whereof the Denominator is lefs
than a certain Number given, fo that the Value of the Fradtion that !us been
found, is the neare/l that can be to that ^iven.
I change the Fraction given into another whofc Numerator is Unity, and I do
all the fame with the Fraction which is found in the Deiuminator, and fo on.
I negledt for a Moment the Fradtions of Fraftions that arc found at the End,
and by that will be had all fimilar Fradtions, which are alternatively the one too
big and the other too litfle, as may be feen in the fubfequent Example.
The Fradtion given being Hfi, it is demanded which is the Fradlion moft
like it whofe Denominator is Icis tnan 100.
But as I think our Author's Solution of his Problem is neither fo corredt nor
clear as it (hould be, I have attempted to make it plainer and more exact, though
before I proceed to the Operation it will be neceffary to premife the following
Lemma.
To find a Denominator to a given Numerator which rtiall make it the ncarefl:
Fradtion to a larger Fradtion before given, let the firft given Fradtion be denoted
l)y4, and the Numerator to the new Fradtion be a, and its Denominator x, then
vrc have - =: 7 therefore nx — ad and x =
Rule.
which put into Words gives this
Multiply the Numerator of the new Fradtion into the Denominator of the
largfc Oh'e, which then divide by the Numerator of the great Fradtion, and you
wiu have the Denominator you fought for your new Numerator ; now in regard
to the Problem, firft find a Fradtion whofe Numerator is Unity, that fhall be
equal to {{vh which by the foregoing Lemma will be exprefled -
X7 7 5 1
, ' ♦ • 'J •
if now you rejedt from the Denominator, the Fradtion of Fradtions, there is -i
the neareft (though, too gfeat) to 4444 when the Denominator muft not exceed 4.
But as the Problehi admits an higher one, we repeat the Operation, thus
— J — — where you only fubftitute for 4454 its Value altered by the faid
i»T^TT
Ut
OTfrr
t)TS TTD
_ 20
461
Lemma to — rr» and rejedtmg -r444 we have — ; = — which is too great, b
the neareft of any whofe Denominator does not exceed 50, to the given Frac-
tion ; but the Work may be by the Condition of the Problem repeated again
and for Ti44 writing A found as before, we have —< — from
which leaving out ttt ^^"^ >* ~r- = rr = — which is too bfg, though
5 1 0- T-B- 5 I 0» O
it is the Fradtion fought ; for if t!ie Work be again repeated, you will have a
Denominator which ihall be 'ji r.
•till
m
''^mi
^ml
■ ^' Ml'''
Wm
•J ^If
W&m^
, 'J;^^^
'i-\* ^'■i£]^W?5*'ff»'
.;,:^||^^pH
/i^^HHKfT1|l
■ i^^|^^^^^B|^'^^«
l^ipHHRj ','^-a
' ''•■'•■■ .''^K/'i>?l
' .[: . ■'■'■-'^'J' ■-;.,'■''■
\ fi'': ■',''»^*;.'v'' :• a
■ 1-' ' " '.',•; , '.'-Sv '
"■■■ ■■■''■ 'm
JhI
'M^^
' ' • ^''^•'H^wf
1.
6 B
N.B.
m^'
1.^ :•
46^ 0/ /;&? Par 0/ M O N I E S.
AT. B. It appears by Infpc<Slion that the I'igher the Denominator is the
nighcr you approach to the Truth (for there is lefs oniittod in the Denominator)
,a at laft the Work would converge -nto the given Fraction.
Notf alfo, that by the faid Lclrima you may :find a FraiClioh of a given Deno-
minator, which fliall be nearcft equal to a higher givea PraSion ; and as this
is of peculiar l^fe in fiadional Works, I (hall give the Rule it may be ptiformed
by.
Multiply the new De.wminator into the Numerator of the firft given Fraftion,
then divide by the great Denominator, and reje&ing the Remainder as inconli-
derablc, your (|upticnt fliall be your new Numerator. By thia you may prove
the foregoing Work, for if you chulc a Denominator 51, and would find a Nu-
merator to make it nearcft to f } J;J., then ^ — ^^ gives 20, as before found.
u1 Comparifon of fomt Coins.
Of S I t V E R.
Lmim. y«/7<r<W. ifrrJuced « iH be !nmi J Ifrt^mA will brfttml
aoUrowaiof; Sbil. Ster. worth lyPiccciof) Uiii'. loo/.iitr. kii ) Sii. loootiuil. inatctt^Sbil. Sir.
Pmrii. Amftri,im. Crnwnt. litlth^aa, ffnti Mai».
16 Crowns of 6 Lir. world ■{ Pifcet of I <Juil. icooul jLi*. kls;',S<i. ■•oo Guiia. ntrcg^Mt.
Ur 33; Cro. of 6 Liv. worili 316 Piectt of ^ Guil. locoofjUv. Iclii-,', Ucn. locoGuiW. aioie ^ libli.
Parii. l.mJcn. CroWM. JTitf/jAMoil. FmhA Moa.
76 Cto. of 6 Ijr. woidi 7; Clo. 0/5 SiUI. Sir. iuooor3Liv. BU[«3;ir. ac looi.Su. Ifisj^iioli.
Of G
OLD.
tfflJcK,
93 Guineas,
Parlt.
14 Loui<lof||
Lciuln.
30 Giiiaou,
wenh zc« Diictti
Amjitrdam,
imth JO £lu(Mi
«a|lh }l tgaidori
If reduced will be foond If reunenl will be fcnnd
icx}/. Sc. iDdre4l>g«. leeoGail. lefs ji^ St.
loog
Crownt Da/riMoD.
ofjtir. mcUjiW. JoooOiil.
frtnih Men.
too/. & IcAxi JSolf
Cnwni
noiofjiiv.
Fmch Moo,
E»xliA Mon.
Though Mr. RicarJ has not explained the foregoing Tables, I have judged it
neceffary to do it, that they may thereby be rendered ufcful.
In the firll Line, the 20 if ;^///Z) Crowns arc not worth quite cy GuildeiSf there-
fore at that Rate 100/. Sterling muft produce le^ than it Woidanillvc dene had the
100 Shillings and 57 Guilders been cxaftly cquaT, and for the fame R«ai^ lUuft
make fomcthing more Sterling Money ; and to cakuhtte tibc.j^eficiencjr of the
Guilders, firft find what Part of a Guilder j of a Stiver is, whtich is eaOIy dil^
covered to be | of V^, or ^, or ^, and then the Stating will (x.
As 1 00 /. ys 5 /. f
Or as zoL j'lr— > '• to «»«■*
Therefore the Guilders are only 56^!^!.. And by the fame Acafiuune, tbe true
Differences of the 2d Line in the frjt, and of the 3d Line in tkc/econaTMe may
be difcovered ; but the othei!s being of a dificreot Nature,, the Method for them
may be demonftratcd by the 3d Line in the firjl Table, where 76 firerub Cttxmts
of 6 Livrcs are worth & little more than 3751. Sterling; therefore 100/, Ster.
muft accordingly make the Frencb Money lefs, and to find the real Value of
456 Livres in Shillings Steriing, fay,
Fr. Cro. «/. />:, Cro.
As 1000 of 3 LJr. — 2 J or ir of a Shill.— — 76 of 6 LiVrCS to the Sum fought.
3
3)3000
8)ioco
125
1.^x19
6
2)456
8)152
'9
Then fj— j = ^^^ which muft be added to 375 Shillings to make the true
Value of 456 Livrcs.
ACeiH'
■w-'.r. 1:
Of the Par (/MONIES.
A Comparifon bttvittn fine Gold and Sihtr.
I fliftll not treat here of the Comparifon made between Gold und Silver by the
sncicnt Greeks and Romans, but commence my Account of it much nearer our own
Times, 'ylgncela fays, that a hundred Years before he wrote, or about 1 440, one
Part of pure Gold was given in Germany for thirteen fimilar Parts of pure Silver \
In the Year 1457, •* ^"^ regarded as a fettled Price, that had (notwithftanding
the feveral Alterations in the Coins) fubfifted for fome Time ; the giving 84 Pcn-
fiings oi Landjberg Money for a Guilder of the Rhine, ' 100 of thcfe P«;nning9
weighing a Mark of Erfurt, the Standard was 2^ Pennyweights ' j if the Mark
bf Nurenhrrg weighed at that Time 152 Engels ", the Mark of iir/.'/r/ wiuldbc
about 149 Lngels that Weight ', or tine Guilder of the Rhine i'i,-rj of fine Silver.
In the Year 1461, the Mark of Silver at Erfurt contained 7 ,V ««••»'/?.■ Guilders ',
or the Value of the faid Guilder a little lefs than 2It Engels pure Silver. In the
Year 1528, a Mark of fine Gold of Nuremberg was worth 9^ Gi'ildcro o'' the
Rhine, and a Mark of fine Silver a little more than 8| Guilders of the Rhine
called golden Ones, not coined 5 ' fo that 1 1 Marks of pure Silver were worth
one Mark of pure Gold. In the golden Guilder of the Rhine there was 2tV En-
gels that Weight, of fine Gold ', or the Guilder of the lUiine at that Time Wds
efteemed as 1 1 Ounce of pure Silver ; from that time to the prefent, the Price
of Gold in regard to that of Silver is augmented in thcfe Parts, about ^ : An
Author aflerts, that in 1 390, Gold, in rc(bc£t to Silver, had four Times lefs
Value than in 1687 ^, but the Error proceeded from this, that he made no Dif-
ference between the prefent Holland Guilder and the ancient one of the Rbtne.
In 17 1 7, the coined Silver m England was on fuch a Footing, that I^irJ
Marks of pure Silver was of the fattie Value with a Mark of pure Gold ; in Prance
1 5 Marks ol° fine Stiver was reckotied as a Mark of fine Gold ; in Holland t^i
Marks ; in the E^t/t-lndirs (in fome PIdces) i2 Marks ; as in the Kingdom of Slant
in 1688. (Defcription dudit RoyOitmt par M. de h Lbubere P. 221. Amjl. 1700.)
And in China and Japen about to Marks. SljppOfing the Value of Silver to b6
fettled, that of Gold it is feen was greater in England thzn elfcwhere ; Strangers
made their Payments in that Metal ) -but becilufe Silver was more valuable abroad,
the Emjlijb feiit theirs to Foreigners ; and for this Reafon the Silver Coin be-
came fo fcarce at home, ^ to occafi)6n thfc dltftinifliing th* Vitae of the Guinea,
by lowering h to 21 Shillings, as has been before obferve^dj for by Trdde, Gold
and Silver would natttralhr ps^s fMM thdfe Countries virf.eit! tfteir Vdliie virsU iei§,
to them where it #a« htgMr.
In 1000 Dutch Ducats there are 334 Carats 9! Grains of pure Gold, iSiA ifthefe
are worth 5250 Guilders, how much /ball 24 Carats ie worth f and the Anfwer will
be 376 Guilders and 7 Stivers, the Valrie of a Mark of pure Gold in Coin. We
have before found by the Dutch j Guilder Pieces that a Mark of 1 1 Pennyweights
pure is worth 23 Gilders and 7 Stheri tm'rent Money j aiitf the Mark of fine
Siivtif h^ been fe^MM worth a littleJefs flianf S5 Guilders and Oy Sdvers. In the
fame Manner it is faid, if zif dfOrseffllFe Geld are efteenteji n France at 720
Livtes, how muehfiaH 24 Cardts henw'tb r *i^, if 1 1 Pennyweights of fine Silvef
are worth 494- UiX^, ivw much Jhall 12 Pennyweights he woMb? By Divifion it
wiH' be found as follows ; fuppofing that in the Englijh SOver Coin there had
been no AltieratidA'thilde {indri7i7.
(England 1 5 Marks i Ounce 1 31 Engels,')
In< France 14 Marks 5 Ounces 13I Engels, ifine Sflvfcr fof I Mark 6\
iHolland 1 4 Marks 6 Ounces 4 Engels, J
if fine Gold.
46:
|!.,yi'l
mm.
h:
'^P
M-i'MX
ii
From
■ Dan. Angelocra. dodri. de ponder. Monet. Cap. 2. Pa^. 28 and 29. Francf. 'J. iSiff. ' Id. de preiio Me-
ttUorum, P. 29. ' HariKagi Kamtrmtijii'i Aanalcs Erfrruufi, col. 1223. Vide jnaMii -Saiptor. Rcrum Cier-
man. Tome 3. £«>///. 17 jp. * Id Col. 1186. « Aneelocra. de nretio Metal. Pag. 47. ' Id Pag. 2:. ex
Atrtitl, t Anna! £r/ur/. Col. 1231. ** Angelocrat. P. 6;. ex Bilib. /'/VrMn'o. idiimaiio prifcorum Num-
morum. ' Angelocra. ex .l^riol. tt t'ireib. Page 34 and 6j. ' Simm tit Uriti Cioot IliltoiiTcb Magaxyn, Pag.
^iO AnJItrJ. A. 10b8.
''4
ip
'i
H^"
■ s !
y|
K^Cii£ ii^^H
HHMR'.ii7M^
■iBf m'i
P^iwf^ • ■' "''-
m'!*W''. ' 1
W<\t'}Y ■ ■■■' ■ ,
|::fiV' ,!'
wt '^ ■■'"
fr.*;-
nr'.:;, ^ -i '
¥■',,■■'-::■ '^HH'
fe..: ^^
HiK^i.^
ri-
464 0/ //j^ Par of MONIES.
From whence it is fccn that Mr. Dunis, Page 2, ami Mr. If'iirtz arc nr^t cxui>,
bccaufc they (liy tliat tl>c Proportion between pure (»old and bilver in IMiin,l is
fixed at 14; ; and it is alio found in this hi(l mentioned Author, Pag. 41;!, th-.it
the Mark of tine Gold i^ fixed in IMiikJ at 355 Guilders current Money, which
is very true ; but if the V.iluc of a Ducat is taken to be 5 Guilders 5 Stivers, as it
commonly pafles, there is an Agio of 6 per Cent, in the Specie of Ducats ; I
know very well that thefe rife and fail a Trifle j ' the Agio on Gold muft not
be ncgledted, othcrwife the Ducat is never worth above 4 (iuilders 19 Stivers.
This I think fuflkient to give an Idea of the Par of Monies, and I (hall fini/h
it with an Inl\ance of an arithmetical Queflion abbreviated, concerning Spanijb
Wool i as it is fomcthing curious, and may be inftrudive.
It is known to ail concerned in that Trade, that the Wools of Germany and
P(,/j«^ arc fold At yJm/JcrJum with an Allowance of fifteen Months Difcount, and
one per Cent, for prompt Payment ; for which the Merchants dedu^ exadlly a
Tenth j and for thofc oi' Spain 241b. are always allowed for Tare on 1751b. bc-
fidcs a Dedudion of twenty-one Months Difcount, and one per Cent, for prompt
Payment ; and in order to invcftigatc a ihorter Method for calculating thelc Abate-
ments on liie ^btviljlj Wools than has hitherto been pradifed, without ncgleding
the Fradion wliich is often found in the Tare, our Author (Mr. Samuel Ricard)
invented the foUowijig F..ule.
Rule.
I ft. Multiply the Pounds by the Price, and from the Produdl fubtradt a quar-
ter Part, and the Remainder will be expreficd by A.
2d. Take i per Mil. from A. and the i oth muft be deducted j the Remainder
will be B. The Difference of A. D. will be the Sum fought lor, which will fur-
pafs the true Anfwer upon 1 1000 Guilders about Haifa Stiver.
3d. To corredl this, there muft be taken away from the Guilders of B. \, and
fubtraft as many Dcnicrs as there are of Guilders for the Remainder, and it will
come to about li Denier too little on 1 000000 Guilders Worth of Wool.
Example.
It is demanded how much ought to be paid for fome Bales of Wool, which
weigh (after the Tare marked on the Bales is deduced) 9975 lb. Tare 24 lb. on
1751b. and each lb. at 31^ Stivers, with twenty-one Months Difcount, and one
per Cent, for prompt Payment f The Anfwer is 1 1772 Guilders, 6 Stivers, and
1 2 Deniers. ^ • „
9975
4987 : 8
Solution,
Guildj. 11:15:19 A.CuiXA. 11782:19:6
iV I : .3 •' 9 ,B.CuM. 10 : 12 : 1
210)31421(2 : 8
B. Guild. 10 : 12 : i
Guild. 11772 : 7:5
Corredion : : 9
Guild, 15710 : 12 : 8
T 3927 : 13 •• 2
'./f. Guild. 1 1 [782 : 19 : 6
20
Aofwer. Cui|d. 11772 : 6 : 12
15I659
16
10I550
Of
Of ARBITRATIONS.
465
12:
'9
:6
10 :
12
: I
'2 :
7
•s
•
•9
ARBITRATION (a Conftrudlion of the French Word Arbitrage) in
Exchanges has been varioully defiitrd by the Teveral Authors who have
treated of it.
One fays it is a Combination or Conjundtion made of many Exchanges, to find ^^^'^'/*
out what Place is the moll advamagcous to remit or draw on. ^,° a,..',,'* ,.
Another defcribes it, by faving it is bnly the Forefi^ht of a confiderable Advart- 4««» «'"'•/.
tage which a Merchant Ihafl receive from a Remils or Draught, made on one c.*»'m7 '''
Place preferably to another. 7 L^n,. p.
^ tnird conftrues it to be a Truck which two Bankers mutually make of their ^ v^. ^^
Bills upon different Parts, at a conditional Price and Courfe of Exchangb. itwi/^i,^
According to a fourth, it is the Negociation of a Sum in Exchange, once or '^j''" '"
oftner repeated, on which a Perfon does not determine till after having examined Mr. 'r'y" jva
by fevcral Rules which Method will turn beft to Account. ' rj. '* ^«-
And though thefe feveral DiftindWons are couched in different Terms, they fccm ^/°/^j^'^p_'
(if rightly confidered) to}\ave the fame Meaning, whereof fome may he counted 040.
the Text on which the others ferve as Comments Or Expofitions.
Arbitrations are divided by the Writers on them into nmple and compound, of
which I (hall fuccindtly give fome Examples, and endeavour, as plainly as I can, to
illuftrate fuch Rules for their Operation as may render it eafy both to the Appre-
henfion and Performance j my Predeceflbrs naving conligncd me this Tafk by
their unanimous leaving the Solution of their Quellions too much in the Dark to
be comprehended by moft of their Readers, as they have contented themrdves
with replying to the Queries, without (hewing tneir Method of performing,
and thereby rendering abortive their pretended Dcfign of conveying Inllrudtion ;
which could no otherwife be done than by a Delivery of their Ideas and Con-
ceptions in fuch a Manner as might leave them open, and ealy to be followed and
pradtifed.
A Simple (or Single) Arbitration, is. to be wrought by the direft, or invertedi
Rule of Three j and to dilHnguifh which of thefe Rules is to be ufed in working
any Queftion relative thereto, it mufl be dbferved i
1 . That an Arbitration muft be cyphered by the Dircft Rule of Three when
the^rfl Term of the Stating is more than the third, ahd that the Quotient is leCs
than the middle Term. And,
2. This Rule muft be ufed when the /r/? Term is lefs than the third, and the
Quotient is more than the r liddle one.
And the two following Remarks will (hew when the Indirect, or Inverted Role,
is to be followed.
1 ft. The Qiieftion muft be worked by the Inverted Rule of Three when the
frft Term is lefs than the third, and the Qjiptient lefs than the middle Num-
ber.
2d. The Operation muft be by this Rule, when the Jlrjl Term is more than the
third, and the Quotient more than the middle Term.
And whether tRe Arbitrations be fimple or compound, a Pride of Exchange
muft always be fuppofed, when a Reimburfement is ordered on any other Place
than that from whence it is diredled.
Whatfoever Number of Figures enter in a compound Arbitration Queftion, the
firft and laft muft be of the lame Specie, and the Rules muft be commenced by the
Species fought for.
Thefe Maxims being well underftood, and applied to the Examples, will fa-
cilitate the Operation of the Rules of Arbitration to thofewhbpay any Attentioa
to them.
And as the Ufe of fome Charafters inftead of Words will confiderably abbre-
viate the Work in the Solution of the fublequent Examples, I have employed
them to this Purpofe, and (hall here explain tncm once for all.
X lignifies multiplied by, as 10 x 54, is 10 multiplied by 54!
A Number above a Line, with another under it, fpecines that the uppermoft
muft be divided by that beneath, or the Numerator by the Denominator, from
6 C whence
'1 ^
r ^'i
M
•■.■ : v^- >•::•!■ I
m
ir:'
•i^HJ
•\ ■;■■ V.?-.
1 ■. B
466 0/ ARBITRATIONS.
whence ,,^Jg^f2 fignifics, that 24 multiplied by 67, nuittiplicil hy 19, muft
be divided by 15 muhiplied by 28, multiplied by 12 t and ^-^ rrr denotes, that
54 is to be divided by 234, encreafcd by yly.
= fignitics, equal to. as 10 = 5 X 2 = 8 x ^.
This premilcd, I proceed to my propofcd
Firft Example.
j1. of Lyeni orders B. of Cadiz to draw upon him at 76 So1s/<t Dollar, pro-
vided at the fomc Time he can remit him on Lo/zis;;, at 42 </. Sterli/ig ulfo^
Dollar, but as B. drew at 75I, it is demanded at what Kxchaiigc he may remit
on London to complcat this Order ; and this is anfwercd by the dircd Rule of
Three as follows ;
If 76 Sols give 42 </. Sterling, what fliall 75I Sols give ?
42
150
300
ar
, 76)3171(41!^. </. Ster. Anfwcr.
304
76
■ ■ . Si-
Second E X A M P t R.
A. of oporto had Orders to draw on Rouen, at 490 Rees per Crown of 60 Sola,
Erovidcd he could at the ftmc Time remit on Leg/jorn it yyo Rees per Dollars
ut as on Receipt of the fatd Order he could get no more fur his liill than 488
Rees, it is demanded at what Price he ought to remit on Legbonr, to rc>.om»
penfe the faid Diminution in his Draughts ; which is folved by tlic iavcricd Rule
of Three, in the following Manner.
If 488 Rees
770
770
.490
34160
3416
490)375760(766^^ or
343
*, the Ai
ifwer.
327
294
33^'
294
i>'''
42
Third
Of ARBITRATIONS.
Th'-4 E X A M P L R.
To be anfwered by the Dotiblo Unlc of Three.
lu'I
A' of Amflerdam orders his Friend at MiiJrid to remit him u|wn Lyons, at 64
Sols Tournois for a new Dollar of ^40 Maravadis, ami to ilraw upon him at looi/.
dc Gros per Ducat of 375 Maravadis. It is demanded at what I'ricc the Ex-
change turns out to him between AmJlerJam and l.ytm.
The common Way of working it.
64 Sols —
375 Marav.
320
44«
192
340 Marav.
ioo</.
60S.
34000
60
24000
Divilbr.
2040000
Dividend, therefore *tU^»' = 'tt° =^5 Groots.
Ami the moft compendious Method by abridging tl:c Numbers I (hall thus
fljcw.
If 64.7 , , C •140 Mar. I 16 Sols
^farc equal to.{-?^ ,, ,. I ..m. ..
_ ^^ . . . ,^ . h n t 1 » ^8c Maravadis,
^ i-arc equal to.i-'^ ,, » I . m >nuill lie equal to^ •'., ^ .'
375 \ ^ iioo Groots I i5M.ir.i » i 4(iroots, then
^lere, 60 Sols as before. But to reduce the V/ork lower dill, it ap|?r.ars that
you may divide a Member on each Side of the lalt Equation Uy 4, and anotiier on
«ach Side alfo by 5, therefore you will have 4 Sols 1 7 Mar.
3 Mar. I Ciroot, where
4 multiplied by 3 is in the (Atne Ratio,or Proportion, to 17 x 1 or 17, as 64 x 375
is to 340 X too. But as the Anfwer was found by multiplying 60 into the lalt
Rafio foi .t^oX'oo \ fQ jj ujjy be likewifc had by multiplying the 60 into the
foregoing Ratio, viz. -J- whence we have the Work brought into this fmall Com-?
pafs
60x17
12
« which may be yet move contracted, as 60 and 1 2 arc commciil'urable
by 6, and will become L£2lZ-= 85, the fame as before. This well obfervcd
fully explains the Method for contrafting the Hioft extcnfive compound Arbitra;
tions, as well as thefc fimple ones. The Manner of ftating the compound ones |
(hall give in another Place. ^
Fourth Example. '
B. oi Amflerdam gives an Order ioE. at Cadiz, to remit on Hanihwgh at 124
Gros Lubs for i Ducat of 375 Maravadis, and to draw for him at 1 26 CJroots dc
Gros for the faid Ducat. It is demanded at what Price the Exchange will be
betv/ccn Amfterdam aiid Hamburgh? Anfwer at 32J4 Stivers per Daalder of 321.
Lubs.
For
4^7
ill
i
1
4^
Of ARBITRATIONS.
For //# Grot Lubi = i Ducat.
I Ducat = ia6 Grooti oi Amjltrdtm '~^- »t t. Lub«.
8
31)1008(32^1 Anfwer.
93
16
nA ' i
-il^,,^
The four preceding Examples may fuffice to rtiew the different Mcthtxl< of
Working by the Direct, Inverted, and Double Rule of Three ; but thole th.'
follow being more complex, and their Operations more ditHcult to be rcduc;
into as fmall a Cyphering as what has beea juA now done, and the cotnin
Practice (hews, I have borrowed the Afliftance of the following Tables from Mr.
Samuel Ricard, as he did the Principles of them from another, of which he him-
felf gives the fubfequent Account.
«' It is fome Years fince, that Monfieur John Henry Lafftofjky, delivered a Mo-
" morial into the late Duke of Orleans't Hands, ^tnen Regent of France) fuc-
" ceeded by a fecond, prcfented by the Marquifs a* Grancey > in both whicli he
'< offered to communicate to the Publick, a ver^ (hort and uieful Method, fur
•• calculating of Arbitrations, which he termed 'The principal Part of Arilbm-tUk,
" provided nis Royal Highnefs would be pleafed to appomt him Secretary to the
" Council of Trade. In the mean Time he kept the Demonilration of his Pro-
" blem a Secret, though with Offers to difclofe it, if the Rcge.nt would conde-
«• fcend to grant him a private Audience. In the iirft Memorial there was a
" Fragment of three Tables for the Exchanges, between France, Spain, and
" Holland i and in the fecond there was alfo a Part of three other Td)lcs, for tha
•• Exchanges of Genoti, Lions, and Venice j but whether a Want of Friends or
" other Reafons impeded his Succefs, he never was able to obtain his Rcqucft.
«• The Copy of thefc Memorials is fallen into our Hands, and wc have difco-
" vered the true Foundation, not very difficult to be found out : I obfcrvc in this
" Method, I ft. That the Author from the over Care he took to hide the Origin
" of his Tables, fell into an Inconvenience, that induced him to alter or change
" his own Rule, adly. That it requires more Tables, and thcfe greatly extended,
" to fuffice for Ufeon the principal Places of Exchange. 3dly, If any one would
« calculate with Exadncfs, he cannot expeA Profit and Lolb in the fame Tabic.
" and to remedy thefe Defeds, we have compofed the following Tables, which
" may ferve for all Parts, that can be propofed, if the Trouble is only taken to
" put them into the Table Number IV. which is no Ways difficult to be effl-^ted ;
" and not to make a Secret of this Projedlion, we have placed the NiiinlK-rs
" (o clearly, that a Mathematician will immediately perceive the Source.
" Our Manner then is fuch, that all Perfons may do it, without ov.r
•' much Attention, provided they are Mafters only of the firft four Rule; of
" Arithmetick, and it will even fuffice that they know Addition and Sul-itrnf^ioa
" in entire Numbers. If any one is defirous of extending or making the TiMc
" Number I. gre.iter, it is only neccfliiry for him that makes the Calculation to
" have a Knowledge of the Coins ufcd in Exchanges."
A Rule for what is received, and for vihal is given.
If the Money of the Place remitted to is fixed, and the Extli.mge vari.r. In
that from whence the Reinifs is made, then it mull be wrote giv. n ■, as for ; \-
ample, a Merchant at //w/Zfr^/rtw remits on London, Paiii, QiJ/z, iJir. in wli.li
three lait Places, the Coin is fixed, with Relpcdl to tlic tirtl i l>ut ii° tlic 5pi.Lie
Oi
■J\
Of ARBITRATIONS.
of the Place remitting ii fixed, and that the Exchange of thofe, where the Re-
mifs i* made to, rifci and full«, u from Amjieriiam on Danlzitk, Ctmnjlxrgb, Ace.
it ought to be wrote rtceivtJ.
469
i»;f
Tail
I.
ii
ji
^)
i"
M
n
Ii'
\\
}»
40
41
if
ti
ii
45
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i?
12
£4
'^
^
to
nil
±2J
"4
'^74
1H04
IITI
JiH;
I400
i( 10
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liilJil
6H
^
1 1 ,-n
711
II Ho
IIII7
Li2l' lili
14171 1 47i
<:'4 I'laM
I
1707
|M|6
I
nj7
XI
ill
lil
HOI
jiyi
J47y
t649
J7H
jUij
)«';j
4048
•'1
4'21
4 igH
4170
•IJ4
41 )
44II2
'HZ
n
il<4i)
P4:
tl40
)')!
n»i
'7iy
i:*(i-
127
107?
LiL!
1307
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£971
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i995 6007 >oi<>
6o4j 6ojj t»o6j)
6197
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6i7H6jBybWQ
6?6H|6l79 P39C
53 Si
(>J6H6J79
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55(;,
ft; 7 5 6;Htjlo;pftl6^o7
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<7"9
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5l»«l
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611
SlOjOMj
C>ico6i<>a
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^478
^4
^o^ ^6l^6*^lt ^>'>^»ft^,
'X I ( g 66''e|A6llo 66yi
OTIJ
''7''l l ''79)
AHj||bH|f
hTJSht'
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MOjJlOO J ftcj I 1 tH)J I
ill ^^iic'ii ' y'"
1 1 1 ftijHl 1)901 V> II 7010
7o«r) 7019 7o«9
1077
70(ll7«Sa7i
/">< 7'y
iIi!lila|Zi!l! LSL»
171 7 1 Ho T^go
Uu '«H| 711^1
iii liili Zi2Zl»2!. lili
L«4>4«»745'7ftj
'«7 7?»7
Itgftti
'33
J«>
'19
Z'JJ
75HH
74JH7466
7493
7718
788H
79'9
7')?o
zai
r')'4
MM »
Zili
75'P
7522 uz?
ifriaaizftuzSLf
130 761117637
7»<0 7»64 7^
896
79'7
'HHi 68i)3
m^mi
;btj 767c ,678 76*7
Z22>
793S
7958 7966
72ite
77H4
7*40 7*4«
7«*«
7911
794}
72ZJ
8004
'/.it- jiU
T
^*
■'»'*•';'■-■'
V .;'*fc-^
Table II.
I ' .-•,•'
Z. N D O N.
;</•
4rf.
n.
id.
w.
j;..qJ.
X4bb
«4"
Ui. 1 V
258;
IJ90
U4J. loV-
2701
1711
•7«i
2706'
ylft
»|47
27,8
;7f)H
'V9/.
iO
18141
«»«4
281^
1*19
'''39
36). 8i
2914
2928
1
1.77
24H1
^4J. 0./.
H96
2601
II
9
•933
19j8
2
24H8
4'J3
1
»6o6
2612
jq<. 0/
11
tli]4
.0
i2±8
2948
1
i4'l';
!;04
2
i6ij^
lAl2
•633
»()*?
1
«7L»
74»
36). 0^.
;7i;
2849!
■ 1
^53
29,-8
1968
4
; jic
»S'?
J
tfti?
2
1
»«^
2^59
J7/.0W
^0,
5
2;20
253'
2542
i;26
j;3-
'54-
4
21)1 K
J
275,
2"»6l
2
2864
1U69
1
1313
2gH2
1977
2987
6
?
20.19
2"s'4
4
3
4
J874
2HH4
2»Q4
-879
2
7
(>
z-.jy
26'>4
?
■'77^
177H
28H9
iHqgl
21J09
3
"»'
«9y7
8
iii!i
»574
i;HO
7
266c,
267;
(1
278!
V"9;
2788
2798
?
4
i002
5007
9
8
2^>;r
.6Sj
7
b
2904
1014
. 6
3011
3016
10
L.JL.
»6<)o
J^^l
8
^o\
<ilD0l
t
toio'
»n2l (026|
l-
6 D
Table
470
Of ARBITRATIONS.
Table III.
HAMBURGH.
siuT
il
14 "J. 4*°!
T^iil:>ai
r^iiHtao itit
i4fai:i*i±£i
1953
'211
I26I
t
i2i
iZi?
84^1851
•4*J
160a l6i( ibtj ioi
"7J«
1481
186c 187; iiBj
iq76|i9g4|ig9q|aoo7
i
1485
K
42!liij
1649
74Mi7;<i j i 764 1 1780
iu
i8gi
1014
1907
oag
15»4
1658
1788
211
iili
1666
T792
1914 I9»j
to4S
Table IV.
Amfierdam, Anvers, Paris, &c.
AmfiertlamvaA Aroers. I Avotn and Taris.
Amtrdam and Pant. \ Number fixed 6489.
If you take for Paris, Lsndon, Cadiz, or Fienice, this makes no Alteration, and
the fixed Nomber ihall be the fame.
Amjieriiam, Venice, and Lyms.
Anifterdam and Venict \ Amfit/Jam and LyoHS.
Venice and Lyms. | NuMber fixed b^i^.
Auj/lerdam, Paris, and Hamhwgb.
Firft Cafe.
From Amjierdam on Hamburgh and P<im.
From Hamburgh on P/mi and Awiflerdam.
From PortV on Aml,erdam and Hamburgh.
'AH^erdam and Hamburgh. I Amflerdam and Pom.
Hamburgh and Pitrfj. | Number fixed 14707
This may fenre likewife (or Amfterdam, Hamburgh, and TaiiV^ ; but you rauft
take Hdf of the Deniers Labs, which are given at Hamburgh for a Ducat, and
infteadof Paris, you muft read from Verne.
Second Cafe.
Proih Amfterdam on Paris and Hamburgh.
From Hamburgh on ^imfiertlam and PiwiV.
From PiirtV on Hamburgh and Amfterdam.
'Amflerdam and P«m. I Amfterdam and Hamburgl.
^ Paris and Hambutgh. \ Number fixed 825c
AmBerdam, London, Paris, &c.
'^Amfterdam and I/^don
[Paris,
Number'fixed 291.
P*rff S
S^' |and^«>r^4«.
Leghorn J
Anfterdam, London, and iS^m.
Amfterdam and London.
London and i$^».
Amfterdam and iS/tfr>7.
Number fixed 1104.
Amfterdam,
Of ARBITRATION&
47*
'Jbr^erdam, London, and LijUh.
'Jn^erdam tmd Lmdm. | Amjitrdam and Liflnn>
Imdan ^d Lifion. \ h'umber fixed 4270,
Amfierd^',t, Genoa, and Venice.
'jim/ifrdam and (^»m.
GmrM and Venice.
Venice and Amflerdam.
Number fixed 6454.
Amfterdam, Dantzick, and liai^rghi
'Amfterdam and 4. DantzicL I Dantzick and Kfmburgh.
Amfterdam and Hamburgh, \ Number fixed 2510.
Amfierdam, Lijbon, and Z.jroff;.
'Amfieriam and I.j^n. I £yo
4- Lj^n and Lyom. | >fui
Iff J and Amfterdain.
umber fixed 6489.
But If the Change fit>m Lijbon on Lyons exceed 567 Reis, take ^ inftead of 4»
ind the fixed Number will be 3479.
jimjltrdam, Paris, and Spain.
'Amfterdam and Paris. I Spain and Amfterdam,
^ from Pflw and 5/mn. | Number fixed 2876.
That is, whatever French Livres are given or received for a Piftole of Spain,
muft be reduced into Sols, and the quarter Part taken.
There might be chofe many other Places, but to be fliort, we have taken no
more than two ' particular Cafes, which we have in the 7th and 8th Propo-
fitions.
Berlin, Amfterdam, Genoa, Turin, Geneva, Frankfort, and London.
Berlin and Amfierdami
Amfterdam and Genoa.
Turin and Geneva.
Frankfort and London.
Provifion.
Profit
Turin and Genoa.
Geneva and Frankfort.
London and i o times Berlin.
Fixed Number 8193.
Genoa, Venice, Florence, Leghorn, Novi, Milan, Amfterdam, and London,
T of Leghorn and Novi.
Milan and Amfterdam,
Amfterdam and London.
Provifion.
Profit.
Genoa and Venice.
Venice and Florence.
Florence and Leghorn,
4. Milan and f'ovi.
Number fixeJ 9549*
For the Provifion zt^per&nt. the fixed Number is 14^ j and at ^ per Cut.
2I^
I
Th«
473
Z-' -"V-f
S'
1--
Of ARBITRATIONS.
The Profit Table V. The Lofs Table VI.
^S.
1
.%
A
A
.V
,'.
A
T"
13
8^
♦_9
4« !2
.)0 9;
'3
99
•7
22
26
?°
?'■
J?
60
107
III
75
116
7
120
82
■ 28
"3
•37
•41
•♦?
•49
'J*
'f
Itl2
166
170
'7;
179
>»f
,87
'V
•9J
199
208
212
ilb
110 214
228
'??
»i7
»4I
b
»?J
-5"
261
t6f
269
»73
278
282
286
290
7
»94-
298
102
30^
350 1?4
318
i?'
126
370
419
4HS
8
9
JJ4
33«
34»
»46
358 16,
374
37«
li-2
}«6
-,90
394
431
ili
J'|X|402
406
44;
484'
10
II
Hi
ill
457
461
426
+<>5
4-0
4t>9
41S
477I
44"
48
j^C.
■
Tc
*
10
\
S
•V
-T-
10
Jb
7°
30
74
1
Tii
/.I
1
4
9
13
21
61
22
'IS
35 39I
44
♦it
?»
r
7''
»3
2
88
92
'J7
ili
101
,46
106
i;o
110
"4
H9
164
'»3
168
28
'73
4
'77
182
227
110191
I2i
200
i46
29-,
205
iii
301
»"4
260
3c6
218
264
3'i
6
269
«73
.78
183
.8r
292
7
8
9
Hi
41c
320
iZi
4>9
3«»134
4'4)4»'J
339
j86
434
♦ «2
ill
344
i2i
439
4V
iii
-L»l-'i3
39,-1400
4431441'
m
?oi
«ol
10
4?8
5.6
46]
467
5'"
477
,26
491I49O
i+0'545
«©
^ Explanatisntofthe 'tablet.
N". II. is for London. N°. III. is for Hamburgh, if the Exchange is found in
the 3th5 and i6ths: N*. I. is for all other Places; and fox Hemburgh when the Ex-
change is in Shillings, 4. Shillings, and ^ Shillings. N°. IV. f«rves to Hiew the
Numbers that muft Be added together, vifn. all thqfe that are found on the fame
Side.
The 5th and 6th are for Profit and Lofs. If it is found that the Sum of the Ad-
dition of the Side in which to find that given is Ids than the other Sum of thq Sifdc
where what is received is, it muft be fought for in the Table of Profit, N*. V. and
when there is a Lofs, in that of N". VI. And that the Ufe which may be
made of thcfe Tables may the eafier be comprehended, I Oiall her.? add Ibme
Examples.
Firfl Example.
'A.oi Amfleriam remits on London toB. at 345. 5' Greets, wliatff. remits for
the Account of v4f. to Cadiz at ^gld. Sterling *?r Dollar. If the Merchant at
Cadist remits the Produce on Amilerdam at 1 2 1 ; Grts. oi Holtdnd'per Ducat of 175
Maravedis ; it is demanded how much A. hath gained or loft, cxclufivc of the
Charges.
Solution by the Tablts,
He gives
34i. 5-iGrs. 2654
49 1''- 3457
Fixed Number tiof
7215
He receives
i2ii 7335
7215
>\
120
2* per Cent, gained.
the Operation.
'dr
d.
Maravedis
d.
If 49;
272
240 wil
Mar.
1^375
i2i;
Grs.
13 '2t-'?
a
199
243
I18IO
II8II
2
1312
261 120
240 will give 13 12^11. Ivlnravedis.
199
Now
■if,^''
'o
T«j 1 rii
iO
.,35l 39
7*
_!''' "j
12
m ^ii
*4
i68
'71
y*
>I4
2l8
il
Jbo
It*
Qt
3c6
i>'
L»
?ii
az
11
400
t2i
Uli"
113
• l+qO
?oi
^°5+5
cjol
found in
en the Ex-
fliew the
n the fame
ofth«Ad-
ofthqSide
^f*. V. and
may be
add fbme
remits for
erchant at
icat of ,75
five ofthc
Of ARBITRATIONS.
Now the 2d and 3d Terms multiplied, and divided by tht firft in the Order
they now (land, will be exprcffed as follows i
243X16^20 ^^.^^ .^ Q^^j^
aX*99X375 e t J • c- .
Now the Difference between 34;. 5 Gts. | and 425 Gts. is 1 1| Gts. tiierefors
iiiGts. 23 8
i-J — rr — X >oo = 117:;'* 100= a —nearly.
34J. iT^Jts. 827 10 '
By tie Double Rule of 'three.
i.
M. '
d.
Groots.
Mar.
49i
375
24Q
121^
272
4
2
199
«it3
You may now exprefs the laft three Terms divided by the firft two, thus>
340x^43x272x4
199X375X*
= 425, as before.
Second Example.
A. of Amjlerdam remits to B. of Dantzick, at 276 Grofs of Poland, for one
Livre of Grofs, the which B. remits on Hamiurgb at 115^ Grofs for 48 Shillings
Libs ; {{Hamburgh remits what it amounts to, to A. at 33tV Stivers *fr Daalder
of two Marks Lubs j it is demanded how much per Cera. A. has gamed or loft,
omitting the Charges.
Solution by the tablet.
;^. gives 115^ 711^
N". fixed 2510
9625
9587
A. receives
4.276 is 138 7888
23tt »699
9587
475
1 1
(
38 or tV per Cent.
id.
vcdis.
Now
By the Rule of Three.
Grofs Shillings Lubs Grofs
If 1 1 5i 48 276 will give iHfJi then
Shil. Lubs Sti. o( Amfierd. S. Lubs
1^32 33-.V "444
This ordered according to the forej^oing Example will produce i i8r%. Stivers,
which taken from the 1 20 Stivers iirft given, there remains i ^e^ Stivers, there*
fore
0» 0« Om
as 1 20 — — i^—— 100 to 44, the Lois fer Cent.
Grofs
"5r
By the Double Rule of three.
S. L. Grofs Stivers of Amjlerd.
32
Grofs
276
3 3 A
S.L.
48
The fractional Terms being reduced into improper Fractions, as thefe in the
firft Example, the Operation then will be entirely fimilar to the laft in the faid
Example, and gives iiStV Stivers, as before.
6 E Third
'"■>, '
Sf-^ -.^-i
474
Of ARBITRATIONS.
i;;^3
Third E x A M p L e.
Two Perfons jt. and B. at P«nV, have Occafion for Money at CaJiz ; A, remits
diredUy, and gives 1 8 Livres 3 Sols fer Spanijh Piftolc ; B. chufes the Way of
Holland, and orders to be remitted him from yfrn^^t/t/m at 1214 Groots for a
Ducat of 175 Maravedisi Amjlerdam reckons ^per Cent. Charges, and draws for
his Reimburfement at the Rate of 56^ Crooit per French Crown of 60 Sols ; it is
denuuided which of the two Methods proved moft advantageous.
Anfwer -, his who remitted diredtly.
■vr.„
I
Operation iv the 'fables.
A. gave 56^ 3990
•- of 36 Sols is 90I 6067
loo5f
B. gave 121^ G'oots 7326
:^ per Cent. 22
Fixed Number 2876
J0224
10057
Seek in Number VI. 167
3 ♦ per Cent.
Otherwi/e,
By reflcAing on the Nature of lieQueftion, it aopears, that what Amfieriam
reckons for Charges may be confidered to increafc the Number of Sols fo much
more than B. would otherwife have paid for the 375 Maravedis ; therefore firft
fay, if 100 T 60, or if 10 4. 6, or if 5 ^'^ 3 muft
give -r's» which B. muft pay at Amjlerdam for his Charges for every 60 Sols in
the Value of the 375 Maravedis. But inftead of finding the Sols B. muft pay,
excluding the Charges, and then computing the Charges, and adding them to
the Sols laft found for B.'s whole Payment, you may by Parity of Reaibn fay,
Groots Sols Groots
As 56^ 60A ' ' 121 ■ to I29J^» Sols paid by B.
for a Ducat. Laftly, to compare whether A. or B. has fucceeded beft, fay,
jf . J. the Maravedis in a Piftole Sols
If 18—3 1 08 8 i29»» will give 389
Maravedis, which B. would have got inftead of 375, had he exchanged as A. did ;
therefore it is manifeft, that in receiving only 375 he had lefs than A. for the fame
Sum of Paris Money by 14 Maravedis j and to make a Calculate per Cent, it will
Mar. Mar.
be as 375 ' ' to 14 — — — 100 to 2-^> the Anfwer.
Fourth Example.
A Mcrchaftt oi Hamburgh orders us to draw for his Account on Dantzici, at
170 Grofs of Poland for i Livre de Gros, and to remit the Amount on London at
35 Shillings per Pound Sterling, or at other Rates, which may be more advan-
tageous for him, provided he can draw on Dantzick at 261 Grofs of Poland; it is
demanded at how much he ought to remit to follow the laft Order i Anfwer, at
36 Scbilliogs 2| Groots.
Solution
Of ARBITRATIONS.
Solution by the TaUeu
Take the Half of the Grofi of Poland according to the Order, and the Ex^^
change will be 135 and 130^
Order
?i35
5 35
Schil.
77n
2721
10514
»30t 7645
2869 this muft be fought for in the Table for London ;
and the Schillings and Groots of Grofs, which correfpond to this Number, will
be found to be 36 Schillings 2|. Groots>
By the Rule of Th-ee.
In this Queftion it is obvious that as the Grofs of Po/snt/ given for a Livre de
Gros dccreafe, the Schillings given for a Pound Sterling mult propo/tionably in-
creafe, to follow the Conmtion of the laft Order ; hence the Queftion is an m*
verted one in the Rule of Three, and thus ftated.
Grofs of Poland
If 270 ■ ' ■
Schillings
35
Grofs of Po/tf»</
261, wherefore
/°j ^^ . gives 36 Schillings, and the Remainder multiplied by 1 2 for Groots, and
the next by 2, for half Groots^ at each Time dividing by 26 1> brings out 2|
Groots nearly.
t^ifth Example.
There is an Order to j1. oi Amjlerdam to <iraW on Parti at 534 Groots per
Crown, and remit on London at 34 Schillings i Groot per Pound Sterling, or at
other Prices which might be as profitable to him who gave the Order. If they
can draw at 564^ and remit at 34 Schillings 74. Groots ; it is demanded whether
he can comply with this Commiflion, and how much this differs per Cent. An-*
fwer. Our Correfpondent receives more than he firfl ordered about 3/fr Cent.
Solution by the fables.
S.
Groots.
34 Schil. I Groot 2606
3+
.7t 2675
564 Pence 3990
53
i 3793
ji. receives by the Exchange 6196 and by the Order 6468
6468
will find about 3 per Cent.
128 feek in the Table of Profit, and you
By the Rule of Three.
Groots
As 53|-
S. Groot
34
Groots Sch.
•56t to 35.
Groots
8
the Rate at
which A might remit per Pound Sterling to London, when he drew on Paris at
c6| Groots per French Crown j but he onlv remitted at 34 j. 74. Gts. therefore
in remitting this lafl Sum he gained 1 Schil. ^ Grt. the Difference between 35
Schil. 8 Gts. and 34 Schil. 74. Grts. and to find what that comes to^r Cent, fay,
Sch. ' Grts. Grts. Grts.
If 34 7i Ut 109 will bring out the Anfwer.
475
■ f^i
P
'■ '^Wi
^J
^m
m
I ^^;|
m
■^ ■''■•^il
^$d>
■ ■!"'^
^jA
•ii'"^'S
1^
'■ m
Hv
;f||
v^ 'W^
Sixth
47^
Of ARBITRATIONS.
^
1
Sixth Example.
There is an Order to draw on Frankfort loo Rixdollars current Money of Am-
fierdam for 128^ Rixdollars of Fr<;n/i/orr, and to remit on 1.9»<i^ at 35 Schillings
Bank Money per Pound Sterling, on Condition that the Agio ihall be 5 per Cent.
If after this our Correfpondent writes to us, to omit executing this Order, if not
already done, unlefs he receive 2 per Cent, more from London than he had ordered :
If they can only draw on Frankfort at 1 3 e Rixdollars that Money for 1 00 Rix-
dollars of Amfterdam, it is demanded, at how many Schillings the Remits mud
be made to follow the lafl Order ? Anfwer, 34 Schillings 44. Groots.
128;. 7586
5 per C. 212
35Schil. 2721
10519
7879
Solution -J the Tahla.
3J „ 77n
per C. 86
7879
»3J
2
2640 This Number feek in the Table for London, and you will
find 34 Schillings 4-J. Groots correfpond thereto.
For a different Solution, it is eafy to conceive that when the Agio is high the
lefs Frankfort Money is given for current Money of Amjierdam (the Exchange be-
ing by Banco Money) confequently the Icfs Banco Money muft be remitted to
London per Pound Sterling ; whence it is clear, that the Way to get 2 per Cent,
from London by remitting at the fame Rate as before, you muft conflder the Agio
as fo much lefs j therefore inftcad of 95, we have 97 Rixdollars Banco Money
oi Amjierdam iov 1.8^ Rixdollors of Frdw/t/or/", at which Rate I find the Bank
Money of Amjierdam equal to 135 Rixdollars ot Frankfort ; thus,
Rixc if Frank. Rixd. Banco of Amfl. Rixd. Frank.
It 1281 97 135 will give
lOi-rVr- But by the Queftion there are only 100; therefore the Remifs on
London muft be made accordingly lefs, by faying,
As loi.V,.
103
Schil. Banco
35
Rixd.
J 00 to the Sum fought.
306
1017
10476 Now 35XIOOX10J
' 10476
Sch.
will give 34
Groots
4" the Anfwer;
103.
Seventh Example.
T. of Berlin remits for his proper Account to U. of Amjierdam, a certain Sum of
Bank Money, at 133 Rixdollars for 100 Rixdollars Bank Money of ^/A^^rdW/w,
ordering him to remit the net Produce to ^. of Genoa; t/. efFeds it at 961 Groots
ptT Dollar of 5 Genoeje Livres. A. on his Part remits this to B, who lives at Turin,
at 128 Sols of Piedmont for one Crown of G?«5<'ye Money of 7I Livres, who
takes Bills on Geneva at 84 Piedmont Sols for one Crown current of Geneva, and re-
mits them to C. who in his Turn remits the Amount on Frankfort to D. at 1 30
Rixdollars of Frankfort for 100 Crowns current of Geneva, who finally takes Rills
at 132 Batz Money of Frankfort for one Pound Sterling (i RixdoUar niFrankfort
makes 22r Batz) the which he remits toT. himfelf: If the five Commifiioners,
4 namely.
Of ARBITRATIONS.
hamely> V. A. B. C. and D. deduA each | ttr Cent, for their Provifion ; it is de-
manded at what Rate the Exchange muft be between Berlin and Lo/iJon (o that
y. gains 3 per Cent. Anfwer, d^V RixdoUars per Pound Sterling.
477
Sohiticn by the Tables.
133
96
84
3 />''• C.
7728
6312
573*
5 Provifions at ^per C. each 73
27668
23382
128 7561
130 7628
Numb, fixed 8193
23382
4286 This fought in Table I. there will be found
60 j'^, whereof take ,V and it fliall be your Anfwer, 6^^ RixdoUars.
Otberwife.
The general Method for fuch extenfive Queftions is as follows j the Inveftiga-
tion whereof I fliall clearly fliew before I conclude this Subje<5ti
1 Pound Sterling at London :
22 J Batz Monty oi Frankfort :
100 Rixdol. Money o( Frankfort -
1 3f( Rixdol. Money of Frankfort :
100 Crowns current of Geneva z
I Crown current of Geneva :
1 00 Sols of Piedmont :
4/^ Sols of Piedmont :
I Crown at Genoa :
2fi Sols at Genoa :
100 Livres at Genoa -
5 Livres at Genoa -
I GO Groots Banco of Amjierdam -
1 00 Crowns Banco of Amjierdam -
100 Crowns Banco of Amjierdam :
how much :
132 Batz Money of Frankfort.
1 Rixdol. Money of Frankfort.
99 J. Rixdol. Mon. the Provifion dcduifted.
f0si Crowns current of Geneva.
99| Crowns current at Geneva, the Provi-
fion dedudlcd.
2 1 y Sols of Piedmont at Turin.
99t S. of Piedmont, the Provifion deduced.
I Crown of Genoa.
152 Sols of Genoa.
I Livre at Genoa.
99I Livres at Genoa, the Provifion dedudled.
3 ^^ Groots Banco of Amjierdam.
I Crown of Amjierdam.
99-j- Crowns Banco of Amjierdam, the Provifion
deducted.
133 Rixdol. of Brandenburgb at Berlin.
I Pound Sterling at London.
mm^M
:ip^
v-^'U'';gm9H|
■J •\^m&SB
1
6 F
441
r^i, . tC-; .
-t^^ --'^n
'■. '.'v.
^'(^'■m
■ -' K' -
''\r''' ,'i|
i- '-•'
-.r'. >.>A[
: . .li--; v);-3;i--
'■' ■ ^,' '-'■"■
■?;;^'-vfH-
;■.
•' '■■■ --4^'
, ', ' ■■■' i:
■:-.'''l.
«t ■',;
:. ' ►».
■; , I\^- ^ ■;!;'■
:iX'i;.-K
r
1
478
Of ARBITRATIONS.
ta; »33
13 99;- •
66 "97
226^ ^^97
44;
ayaj. 44 ^
a —
'3255^
1
— £ 39767
i.
; I
UN'
4<
2925
100
292500
100
29250000
100
2925000000
100
292500000000
100
29250000000000
100
2925000000000000
100
292500000000000000
ai
7
9)147(16
9
54
i^a
9)1056(117
9
15
9
66
63
99 J
357903
357903
'3255t
^32554-
3963444^
'52
7926888
I98I7220
3963444
so?-
602443 53 f* J-
99t
542 1 99 1 842
542 1 99 1 842
2008 145 12 •
200814512^
66*
6oo43539353v
21
60043539353
1 2008707^706
^
12609143264294.
99t
11348228937861
11348228937861
4203047754761
420304775476^
33t
1256711278674564.
132
251342255734912
37701338^602368
125671 127867456
"7t
16588588878504309;.
To be carried over.
SI
991-
1197
1197
44;
44^
99 1*
0/ ARBITRATIONS.
Broueht over
16588588878504309!
^____^ 99t
14929739990653878 1
149297299906538781
5529529626168103
5529529626168103
33i
2925 00000000000000)16533 29358224262830 J. ( 5-,%V Rixdol. of
114625
190829358224262830'
100
190829135822426283022^
»755o
Brandenburg for
I Pound btcrling
at London.
'5329
14625
470
16:
75476;
'5476;-
33v
74564
132
704
But to know how many Rixdollars muft be remitted per Pound Sterling to T".
fo lliat he may gain 3 per Cent, fay by the Rule of Three diredt.
If 100 5-rVT 103
101
4
618
i|oo)66l95
5'5
66-
iM5|8i-(5
]00
8i|95
tVo Rixdollars of
Bt,:.,aii.'!i r^^ per
Pound Sterling.
Eighth Example.
C. of Genoa remits for his own Account to D. of Venice, a certain Sum at
104 Marchetti for 4Livres of Genoa, ordering him to remit the net Produce to
£. at Florence ; D. efFefls it at 75 Crowns d'Or of Florence for 100 Pucats oi Venice.
E. takes Bills on Leghorn at 1 1 9 Sols for 6 Livres of Florence, which he remits
to F. who takes others on Noivi, at 175 Dollars for 1 00 Crowns dc Marc of Novi,
who remits them to G. who in his turn reirits them to H. of Milan at 1 80 Soldi
Imp. for a Crown de Marc, who makes a Remifs at Amjierdam to /. of 52 Sols
of A///<J« (whereof 140 are worth 106 Soldi Imp.) for a Guilder of y^OT//fr^a/«,
who finally takes Bills on London at 34 Schil. per Pound Sterling, which he re-
mits to C himfelf, for whofe Account all thefe Negociations were made. If fix
of the Correfpondents deduift each | per Cent, for Charges, it is demanded at
what Price the Exchange was between Genoa and London, if C. finds that the Mo-
ney he has been in Difburfe for 6 Months has brought him in an Intereft after
the Rate oi^ per Cent, per Annum. Anfwer, 55,VTr<'' Sterling per Dollar of 5
Livres.
1 1
*t't
4912
368
56
"7t
Solution
■■i/:
>.■*«
:''A:' '
480
Of ARBITRATIONS.
Stlutim by the Tablet.
• > it
I of 175 is 87;
34
Fixed Number
6 Froviflons at ; ptr Cent, each
4 /^r Cent, gain
5909
114 6659
3649
75 5240
1804
119 7244
9549
[ of 1 80 is 90 6031
'30i
170
35'74
/• t 4 1 r '
21211;.
2 I 2 I 1 t-
3962; which anfwers
t«55.V.-
Operation for the exa& Value.
I Dollar at Genoa
4 Gtnotfe Livres
1 24 Marchctti Banco of Venice
}fifi Ducats Banco of Venice
io«( Ducats Banco of f>«/«
I Crown d'Or of I'lorcnce
>W Livres of Florence
i- f Livres of Florence
2. ^/f' ordinary Sols of Leghorn
100 Leghorn Dollars
t /y/ Leghorn Dollars
10c Crowns deMarc of Novi
1 Crown de Marc of Novi
106 Soldi Imp. of Milan
1 00 Sols current of Milan
it Sols current of Milan
i- f- common Stivers Banco ofAmfl.
100 Stiv. de Grofs Banco of Amfi.
34 Stiv. de Grofs Banco of Amfl.
how much for
5 Livres dnoefe
2.f*i Marchetti Banco of /'Vnw.
1 Ducat Banco of Venice.
99I Ducats Banco of Venice, the Pro-
vifion deduced.
%• H Crowns d'Or of Florence.
7 J \a^xz^ of Fkrcnce.
99 \ Livres of Florence, the Provifion
dcdufted.
1 1 9 ordinary Sols of Leghorn.
I Leghorn Dollar.
994. Leghorn Dollars, the Provifion
deducted.
ifi/i Crowns de Marc at Novi.
99i Crowns de Marc, the Provifion
dedudlcd. "
S' /f^ Soldi Imp. or Sols of Exchange
of Milan,
h^ Sols current of Miltin.
99 i- Sols current of Milan,
i^ common Stivers Banco of Am-
Jlerdam.
1 Stiver de Grofs Banco of An-
fierdtim.
99; Stivers de Grofs Banco of Am-
Jlerdam.
6. iii^d. Sterling of London.
I Genoa Dollar.
)%
124
anco of A)n~
anco of An-
Of ARBITRATIONS.
"♦
99
a
3
248
8)»97(37
136
57
t
1^88
2400
119
5
26288
34
«6)5JS(37
105152
— —
78864
115
112
893792000000000
3
99
3
16)297(18
16
'<&
<
•
9
ii
(
7
:
32) '47(4
128
»9
54
S
64)270(4
256
H
60
99;
6
597
99:
5373
5373^
298;
5940 >:
99:
534609
534^09
29700;
49:
5910449;.
99^
53 1 94041
53' 9404 «
29552241-
24:
588089700;
99t
5292807300
5292807300
294044850,',
3n
585 14925 1 87 ,v
119
526634326683
58514925187
5851492518737,',.
6963276.97290,',.
99:
62669484875610
62669484875610
348 1638048645 ,'r
I8.V
69284597 1680373 ;^
7^
4849921S01762611
346422985840186;-
4' »
if
X I
-.T
5 196344787602802 J J-
To be carried over.
48*.
I
m
{' -i
482
Of ARBitftAtibi^a
Brought over.
5196344787602808^ J
a
10392689575205604;^
5
51963447876028020
a' ♦
51963447876028024;!
d.
893792,000000000)51963447,876028024; J(5H,'«^
4468960 St-rling for \
• Genoa Dollar.
1 235 1 1.87
«93792
3413261
2681376
73 ««85
After having found the Exchange, which is here between London anJ G,-noa
58,','„ d. Stcrhng for a Dollar, it muft be fccn how much />fr Cent, ought to be
gained by the Exchange, which the Example tells us is 8 per Cent, per ytnnum,
Wc fee befides this, that C. has been in Dilburfc 6 Months , lb it ought to be
worked by the dircd Rule of Three, and lay.
If 1 2 Months gain 8, how much Ihall 6 gain ?
2
The Anfwer will be 4, that is to fay 4 per Cent.
Afterwards there is to be obl'crved what ha* been faid before of the certain iind
uncertain Price, and of the dired and indiredl Rule in our Example. Xicnoa gives
the Price ccrtiin, then it muft give to London 4 per Cent. Icfs than it has reccixcd,
and confcquently it muft be wrought by the indircft Rule of Three, and i^y.
If 100 give 58, "J^ J. how much fliall 104 give ?
loo
104)58 1 3(Anfwcr, 55 Ati ''• Sterling for a Genoa Dollar.
520
6'3
520
-.i^K
Lv;."
93
J 00
9^00
832
980
936
44
*<.
Haviii?
9
Of ARBITRATIONS.
Having folvcd the two prerciling I'rohlcinii in the ino(t concile Method that t
believe it poUible, except by Tables, I ihall now liemon Orate in their F.vphiu-
lion how toticrt'orm (in the fame Manner) tlK^ertionii relative t«) Arbitrationii,
Ami firlV, I ihall deduce the Kulc i'oi- dating them from the Teiond l-'x.imple of the
double Rule of Ihrec preceding the TahfcH, where the firll Term is fixed i the
(ccond (hewing what din'ercnt Money v.u given for it j the third, how nuich of the
Jiiinc Specie an the Iccuiul is given for the fourth, then what (^antity of the Specie
of tlie fourth, f«)r a fifth Fcrin given, which ii of the liuiic Name as the firlk
Term. Now as all futh (^ftions, exceedinu; five given Numbers, may lutording
to that I'.xccf^ becdletKiiicftionHof the Trenlc, (^adruple, C2uinni|>le, (Sc. Rule
of Tlirec, for whole Stating I derive the Rule from tlu- forcL'oint; Remark, which
will he cx.Kily limilar or agreeable to it; only I (hall, fi)r Hrevitys Sake, call the
full Term, the firll Antecedent; the fecond Term, the fir'l (.onlctjuent) the third
Term, the fecond Antecedent i the fourth Term, the fecund C'unlequcnt, ^c, and
now cxprefs the Rule.
The fird Antecedent mud be a fixed Fxchange, and of the f.imc Denomination
with the lad C'linfeiiueiit; the fecond Anteiedenl mull he of the fame Name as the
firft Conlenuenti the third Antecedent oflhc fame S|Kci<; as the fecond t'onfeiiuciit,
and li) on, always, making the Anteicdcnts of the fame N'.une orSiK-iie as their
preceding C'onlcquents, which you lannot hut do if you loilow the C'luulitioiiu of
n given (.iuillion, and if you hive I'o done ycu will find your \\\\\ Tiriiiof the
fame Specie with thefirll, and then the Demand or Anfwer will he of the ftmc
Name as the lall Confcqucnt hut one i if you lind your VVnik;l.uid otiierwife,
mod likely you have miltakcn the firll 'lerm. The (iueftion being thus pre-
pared, it is plain that the Sum of the Antecedents mull he rcganleil aicqud to
the Sun) of their Confetjuentb, as each Antecedent is fuppoled eiiual tn its re-
fpciiUve Confeijuent ; therefore their I'rodudls inult he accordingly lijj (tor lu-
Uancc, if
^ = 2 more 3, and
6 more 4=10, and
7 more 5 =: 8 more 4
then 5 X hy both 6 and 4, x by both 7 and 5 = 600 = lOX by both 2 and 3,
X hy both M and 4,)
hut as one of the Antecedents in every Queftlon is unknown, whilll all the Con-
fequcntsarcothcrwife.wchavean unknown (though fuppofcd)(iuantitv multiplied
by the known Antecedents, = to the l'rodu(ft of the Coiilcquents, therefore the
unknown Quantity (or Anfwer) is found by dividing th« Frodudt of the Confe-
nuents (multiplied by one another) by that of the Antecedents (multiplied in the
fame Manner.) For F.xample; fuppofc the Cafe were, what unknown Qi^iantity
X by 59 would be equal to 472, then I fiy 472 divided hy 59 gives the lought
(^antity, viz. 8. Now in order to contract the Work, it is plain that it is the fame
thing whether you divide aProdud, which had diverfc Multiplicators, or you divide
one of the Multiplicators (which will admit it) by that Number, and then multiply
by the reft (inftancc - ''''^'' - = 12 = -^ x 2 X 3-) I' '« lil^cwife evident, that if
any two Numbers be divided by the fame Number, their Quotients will be in the
fame Proportion as the Numbers were. (Inltancc 1 adivided by 4 is 5, and 20 divided
by 4 is 5 5 wherefore as 3 is to 5, fo is i 7 to 20 j which was to be (hewn.) I fence it
follows, that, if when a Queftion is flated you can divide any Antecedent and Con-
fequcnt (though they are not Oppofitcs) by the fame Number, the Equality is llill
kept up J and thus you muft continue to do, till you can find no .Antecedent andCon-
fequcnt commcnfurable by the fame Number, then ordering this lall Equation as
above direded, you will have the Solution ; and note, that the lafl Confeqiicnt, to
which the Anfwer is fought, is fub;'"^ to the Divifion as the roll ; for the Pro-
dudt of the lad, multiplied by the other Cor.fequcnts, is dill the fame, whether the
lad or any other is divided by the fame Number; this may be feen by the lad In-
dance but one, if you call 12 the lad Confequent; and from what has been laid, I
infer, that every Antecedent after the fird mull be of the fame Denomination, as
well
4^3
,^:t
, ■ -\ '
m^.
484 0/ A R B I T R A T I O N S.
well as the fame Specie, as its preceding Confcqucnt j and that if any Antecedent
orConfcquent conli(ts of dirterent Denominations, you inuil(to retain the Equality)
either reduce both them and their refpedivc Confequents and Antecedents, into
the fameDcnominati )n, orolherwifc make the lower Denomination an aliquot Part
or Tarts of the higher (as 3 /. 3 s. Sterling would be 3 ^\ ) and then the others remain
unaltered ; and twtf, that in the fecond given Example f.whcK the Antecedents and
Confcquents are fcratched, they have been divided, and the Quotients Aand towards
the left, fcparatcd from them by a Point, this, 4. /f^ ; and what has been here
faid in regard to the Queftions of Money, holds good alfo for thofe concerning
Weights and Meafurcs, which may be wrought cxadly by the foregoing Rules.
Example.
If 100 lb at LcnJon be equal to 106 lb at I.yans, and 30 lb at Lyons are worth
321b zt Paris, and 1 13 lb at Paris makeyo lb M Fra/iijorf, and 12 lb at Frank-
fort are given for 18 lb at Venice, and 152 lb at Venice are the Value of 97 lb
at Cadiz; then how many lb at Cadiz ^rt equal to 6o lb at London? Anfwcr
5 ' .V.
licing ftated and contraflcd according to the preceding Rules, the Work will
ftand thus.
UMi
/f*^ lb ;\t London
5 . ap lb at Lyons
113 lb at Paris
1 . f./jl Ib-At Frankfort
19. tg^ lb at Venice
how many lb at Cadiz :
ic6 lb at Lyons.
/ ?,} lb at Paris.
^.ijd lb at Frankfort.
3. i^ lb at Venice.
97 at Cadiz, then
fyfi at London.
1C735
Divilur
106
3
3«8
3
954
97
6678
S586
■ « ■
92538
6
555228
Dividend
» 735)55522^(5 "-ZAnlwcr
53675
18473
10735
77430
75'45
22S5
If
\'orts are worth
> 11) at Fraiik-
aluc of 97 lb
'idon? Anfwcr
Of BANKRUPTS.
If 100 Ells at Amjlerdam are equal to 120 Ell!! at Hamburgk, and 30 Ells at
Hamiurgb make 214. Ells at St. Gall, and 86 Ells at St. Gall are equal to 60 Ells
at Geneva, and 15 Ells at Geneva arc worth 28 Ells at Dantzici; ^ere. How
many Ells at Dantzick arc equal to 45 Ells at Amjlerdam ? Aniwcr ^o-^.
48s
5. /^^ Ells at Amjlerdam
3f> Ells at Hamburgh
43. fOEUsatS/.Ga//
;ti Ells at Geneva
How many Ells at Dantzick
43
5
215
2. f. fifi Ells at Hamburgh.
21-^ Ells at 5/. Gall.
3. fi Ells at Geneva.
28 Ells at Dantzick.
3. #/ Ells zX. Amjlerdam.
2
43
3
129
28
1032
258
3612
3
215)10836(50,4 Anfwcr.
1075
860
O60
With the preceding I finifh this Chapter of Arbitrations, and have therem given
an Inftance of every Cafe that can happen in this curious Branch of Arithmetick,
fo that any Addition would be fuperfluous, and unneccffarily encroach on my Rea-
der's Time, without adding any thing to his Inftruftion, which I believe .he will
find more truly promoted in this fhort Traft, than he would byconfulting the many
Volumes publimed on the Subjed; as he has here the Reafons for all the Opera-
tions propofed, added to the Solutions, which other Authors have contented
themlelves with giving alone.
Concerning Bankruptcy.
Felix quern Jaciunt aliena pericula cautum.
THE preceding Chapters have been calculated to inform my Reader in
the feveral Particulars they treat of; and I confide I have been fo plain and
explicit in them as to render myfelf intelligible, and to anfvrr rr.y Dc-
fign of conveying Inftrudtion to thofe who have given themfelves the Trouble of
fceking it in tlieir Lefture. I have gone through every Branch of Commerce, and
purpoiely refervcd this Cataftrophe of an imprudent or miftaken Condud to the
laft,^s the propercft Place for itj and I could wilh that the Misfortunes, confequent
to an ill judged and indifcreet Courfe or Management, did not render this Chapter
iiccelfary for the Guidance of thofe who have unhappily incurred the Want of it
through the gloomy Vale of Trouble : For could Trade be always carried on with
that Credit which is neceflary to fupport it, and with that Succcfs which every
one hopes for by adventuring in it, it would be the moft pleafant as well as the
6 H nv'fl
>■ t".
I 'v'
1"
id
¥'
^?1
486 O/' B A N K R U P T S.
moft beneficial Employ that any one could undertake ; but as we are all fubjeft to
the uncertain fludluating State of Humanity, our Serenity will fometimes be inter-
rupted, and our Calms and Sunfhine be obfcured and ruffled by the Clouds and
Tempclls of Advcrfity, as, well in this as in all other Employs of Life, and the
finooth Paths of Bufincfs will often become rugged and ftrewed with thorny Trou-
bles, to the utter Change of the pleafing Scene, by introducing inevitable Lofl'cs
and Misfortunes, inftead of the Advantages we flattered ourfelves with the Hopes
of reaping from our commercial Engagements. Thus the beft laid Scheme may be
overfct by fome intervening Occurrence, and a trifling Accident frequently demon-
ftrates the Weaknefs of our Judgment, and the Shallowncfs of our Defigns ;
though whillt we fubmit our Adtions to the Diredions of Prudence, and fufferour
Steps to be guided by ha; we may juftly be faid to aft like reafonable Men j and
however Providence (for our Punirtiment) may difpofe othcrwife, we certainly take
the bell and likelieft Method of fecuring to ourfelves that Succcfs and Proiperity
which we are foUiciting ; and in order to guard againft their Rcvciu;, permit me to
ir^t^de fo long on your Patience as to expatiate a little on the Subjcft of the fub-
fequent Chapter, and to (hew you the Cauics which naturally drive Men to fplit on
that Rock, where fo many thoufunds have been wrecked, reminding you of my
Motto, where you will fee the great Poet from whom I have taken it, pronounce
that Man happy who has been made wife by the Misfortunes of others.
Mr. Savary fays (in his Parfait NegociMt) that the Failures of Merchants oftener
proceed irom Ignorance, Imprudaice, and Ambition., than from Malice and Defign;
and lam entirely of his Opinion, more efpecially in this Kingdom: For whoever
refltdhs on the Confcquences of Cheating and Deceit under a Statute of Bankruptcy
hen, I fliould think would avoid it with the utmofl: Care; as he not only expofcs
himlclf to the Penal Laws, but can never expeft to be cleared by his Creditors
(though he fhould not be convifted under the former) and confequently is rendered
uncapable of making any thing his own for the future; but as I hope none of my
Readers arc o{ this Number, Ifhall direft my Advice to thofe on whom I am in
hopes it may prevail, and endeavour to guide them from running on the aforemen-
tioned Shoals, by perfuading them to aim at tho Diflipation of the Fogs oi Ignorance
by the Sunfliine of Learning ; to correft Imprudence, and to banifli Vain-glory or
Ambition. The firfl: may be done by a ftridl Application to Dufmefs, whilft under
the Tuition of a Merchant in an Apprenticefhip ; or if this has been neglefted, and
my Reader comes into Trade without fuch ufual Form and Inflruftion, I confide
this Work will fupply the Deficiency, not only by teaching every one how toadl
in the Branch of Commerce he has eledled, but by difplaying to him a general
Trade, that he may have all the Variety poflible to chufe out of; Reason, if en-
gaged and ufed, will be too hard for Imprudence; inA Ambition, I (hould think,
would be checked by difplaying the fatal Confequences of it ; and by thefe Means,
n Failure proceeding from all or any of the abovementioned Caufes may be pre-
vented ; thoiigli ftill there remains one, from which no Forefight or Care can de-
fend u?, I mean the immediate Difpofitions of Providence (whereas the above arc
but fecondary) to which we ought chearfuUy to fubmit with a perfeft Refignation,
and never murmur nor repine at any of his Difpenfations, in a full Alfurance that
he will afford Support and Comfort under the Afflidtion, to every one who fin-
cerely trufis in him, and, when he fees convenient, give a happy Releafe from it. It
is true thefe are hard Leflbns to Mankind, and rendered more irkfome by the bar-
barous Treatment the Unhappy too commonly meet with; for though it is natural
toim.iginc, that a Man who has been truly honcfl: in all his Dealings, and feeming-
ly been edeemed for his Integrity, fhould on a Rcverfe of Fortune meet with that
Pity and kind Ufage he has fliewn toothers under fimilarDiftrcfrcs; butExperiencc
convinces us that this is rarely the Cafe ; on the contrary, it is generally found that
though Friends may feem many and ftaunchin the Time of Profperity, yet on a
Change of Circumftanccs they will drop off^like blafted Fruit, quite forgetful of
Favours flicwn to, and Kindnefles done them, and at the Time you become Bank-
rupt in your Fortune, you will certair.ly find them fo in AfFedtion and Returns of
Gratitude ; Favours feem no longer regarded than you are in a Capacity to continue
them, and Obligations arc thruft among the Number of the Nonentities, or at
k-all
k-i«J
Of BANKRUPTS.
487
to continue
Icaft are become fiich iinfafliionable things, as only to be owned by the very few
conlcicntious and benevolent.
Adts of Beneficence are not lo be cxpedted from Creditors, whofe Lofles generally
four their Tempers, and keep their Refentments warm againft the unhappy Occa-
lion of them, even to the Extinftion fometimes of Humanity. But one fliould think
that the Lamentations of a fallen Familiar and Intimate (frequently heightened by
the Tears of a tender Wife, and affedling Cries of their innocent Babes) would
he preva-lingObjedls to excite Compaflion from thofcwho have always experienced
a courieous and gentle Treatment from the unhappy Sufferers ; but Philanthropy is
ahnoft loft among us, and Mankind are grown lb degenerate, as to become infcnlible
to the Diftrefles of others, much lefs to defend them from or adminifter Relief un-
der them; the unfortunate Man is now equally fhunned with the infedted one, and
the befi Ufage hefinds is Slights fromalmoftevcry individual of his quondam Acquain-
tance, whilft the ivorfl is fwclled to an immoderate Height by Infults offered him.
Contumelies and Reproaches thrown out againft him ; and Abufes, Invedives and
unmerited Afperfions are frequently added to compleat the Catalogue, and augment
his Mifcrics; few regard him, fewer ftill carefs him, and the Paucity of tho(e who
proted or affift him, are reduced to the loweft Degree of Comparifon. This is
generally the Cafe with thofe whom Fortune has proftrated and laid low \ though
there is ftill a fmall Remnant of Men among us, who are adtuated by every tender
Sentiment of Humanity, and as Opportunities offer, exercife every focial Virtue ;
whofe Compaffion at leaft is extended to all afflidled Objedls, and their Charity
ilretched to the utmoft Limits that Prudence and Difcretion can warrant ; they
remain uninfluenced by the Example of their Neighbours, and continue fixt and
immoveable in the Principles of Goodnefs and Benevolence ; but thefe Guardian
Angels arc Icarce, and even when found can (at heft) only alleviate, and in fome
Degree mitigate and take off the (harp Edge of Afflidlion, though /i6«i cannot re-
ftorc loft Credit and Reputation; this only is to be done by the Man himfelf, and
the fole Means is the making all the Satisfadlion to his Creditors that his Abilities
will permit, either at prefent or in future, till his whole Debts are difcharged ; for
fo long as any Part of thefe remain unpaid, that Obligation fubfifts. This Leffon,
Honefty, and a juft Reflection on Things, will teach youj and as the Miferies fub-
fequent to, and attendant on a Failure, are cxtenlive, as have been (though but
faintly) rcprefented, it is natural to fuppofe the bare Defcription will rmder every
other Perfuafive fuperfluous, for avoiding the Caufes of fuch great Unh .ppinefs; lb
I (hall conclude this Introduftion with my beft and fincereft Wiflies, that none of
my Readers may ever experience it, by adding one to the Number of the Unfor-
tunate.
The Derivation of the Word Bankriipt I have given under that of 5/7«/ij and Of Bankrapt-
BiJnkersi and though according to our Laws fuch Infolvents are generally efteemed '^f '">Enihni
a crafty, fraudulent, deceitful, and extravagant fort of Perfons ; yet Experience
evinces the Unjuftncfs of this Affertion, and that many unhappily fall into this
Dilemma through the Badnefs of Trade or fome inevitable Accident, without bring-
ing it on themfelves either by Extravagance or Knavery ; and as this is a Topick of
univerfal Confequence, and in which Property is greatly concerned, I fhall give a
Tranfcript of the Adts now in Force, and of the beft Reports and Pleadings I can
colledl about it; and fhall in the firft Place lliew,
fFbat Perfons may, or may not, ie Bankrupts,
Any Perfon ufing the Trade of Merchandize by way of
Bargaining, in Grofs or Retail,
Exchange,
Rechange,
Bartery,
Chevifance,
or otherwife.
Or, fceking his Trade and Living by buying and felling, being a natural born j, jac. ,. c.
Siibjedt. ")•
Or, an Alien, or being a Denizen. ^o.^sTi?!
8 Bankers,
i V
.^.;'
m:
i^m
f-M
\ ■ /iv
lj£/i«.C. 7.
I'
lir
tfi
I ■■■1"
k
■11
i '
' \i
i
j
r
■Jt!'
^ ■ ' 1 ■ ■ ■ >l
Of BANKRUPTS.
Bankers, Brokers, and Faftors, may be Bankrupts.
An Inn-kccpcras fuch can be no Bankrupt.
Nor one vidlualling th.* Fleet, though he fells the Overplus to Merchants.
A mecr buying and felling brings not a Man within the Statute, but it is intend-
ed of fuch who gain tlie gr^atcft Part of their Living thereby. Having a Share in a
Ship; being u Farmer; or keeping a Boarding-School, makes not a Bankrupt;
488
J Gto. II. C.
JO. S. y).
■ Sl»w, 96,
j68. 3 l.ci:
y-^. Mi.h. I . _ _ . _ J ,
//'. and M. in buying only, or felling only, makes not a Bankrupt, but buying in England ajid
'ihe c f- f-'''"g '" Ireland does.
.Sir -Tiomas John yljl'hy went from England \n 1720, and refided in Barbadoes till i7-«r,
'll'!''!!"" }\' where he was a Fadtor and a Hanter, and traded to England by fending Goods from
a . j^.^ Plantation, and receiving Goods back again bought in England, and he difpofed
I /'.r/r. 6S-. of Goods fcnt from England in Barbadocs, for Merchants in England as aFaflor
f".'r/. 4n\ and being greatly indebted c^mc io England \n 1737, and committing an Adl of
vtT'Ha,.hv. Bankruptcy, a Commifllon iffued, and upon if^l^i\.ion, ichether beioaiivithin the
Chan. ^!'<i- Statutes oj Bankrupts; upon the Authority of B;W and .W^w/V;t (where a Gentle-
x'sui. 110. man of the Temple going to Lisbon, turning Faftor, trading to England and break-
ing) was adjudged a Bankrupt.
. r^' ||, Where a Man buys and fells under a particular Rcftraint, as a Commiflioner of
the Navy, or a Farmer, he is not a Seller within the Statute.
in Anthony Bateman hail been a great Merchant, and was Mayor of LoWw, but
had left off Trade fifteen Years ; the Court held he could not be a Bankrupt upon
a Debt contraded after; but the Jury found him fo upon fuch Debt, and a nev/
Trial was rcfufed.
35-
Mar
Prnl.
Crj Crtr, rig
s. c.
I Si\d 41 r.
I t'enl. 2y.
S. C. 1 60.
If a Trader contracts Debts and leaves off his Trade, he is ftill liable to be x
Bankrupt for thofe Debts, but not for thofe he fliall contradl afterwards.
If a Man whilft a Trader owes a Debt of 1 00 /. to A. and leaving off his Trade
0«i.463. borrows another 100/. of the fame Perfon, and then pays him one of the 100/.
without mentioning whether in Satisfadion of the former or the latter Debt, yet it
fliall be applied to the former, aufl the Creditor fliall never charge him with a Com-
niiffion of Bankruptcy for that which remains. Refolved per Holt.
Crc. Car 549. A Farmer, as fuch, cannot be a Bankrupt ; but if he deals in buying and felling-
Potatoes, Wool, &c. as a Trader in thofe Commodities, he may be a Bankrupt."
1; an., 14 No Perfon who fliall adventure any Monty in the £r;//-/W//j Company, or f/Wwi',;
Cafes, c. 24, Company, or any joint Stocks of Money by them raifed for carrying on the Trade
''■ ^' by the EaJl-InJia Company or Guinea Company to be managed ; or who fliall ad-
venture any Money in any Stocks for man;iging the Fifliing Trade, called the Royal
^, Fifliing Tiade ; nor any Member of the Bank of England, on Account of his
■ Stock ; nor Pcrfons having Shares in the Lvidcn, or Royal Exchange Infurance
Companies, fliall not be Bankrupts in Refpeft thereof.
C. No Farmer, Grafier, or Drover of Cattle, or any Receiver General of Ta.\cs
•*"■ "• •*"■ granted by Atft of Parliament, fliall be deemed a Bankrupt.
Mnrch. Kep. Thofe Perfons who live on their manual Labour only, as Hulbandmcn, La-
57. Co. Car. bourers^ bare Handicrafts-men, ^c. are not within the Statutes; but fuch as buy
Wares, and convert them into faleable Commocitics, and fo get their Living b\-
Buying and Selling, may be Bankrupts j as a Shoi:maker, who buys Leather and
fells it in Shoes; an Ironmonger, buying Iron and cauling it to be wrought into
Wares; a Nailer, Lockfmith, ©"f.
A Carpenter in London has been adjudged a Bankrupt, but not as a workin"
Carpenter. ^
A Clotliier that buys Wool, and has it made up into Cloth, or works it into Clcth
himfelf, may become a Bankrupt ; but a Taylor who makes Garments onl) , as a
Cf m/'jCaic. Servant to his Cuftomcrs, cannot be a Bankrupt, though a Salefman may.
It is held, that a Vintner, Brewer, Baker, Weaver, Dyer, Tanner, Ccfc . may Ix-
Bankrupts.
An Adion of the Cafe will lie, for faying, of a Merchant, Mercer, Grocer.
Shoemaker, Dyer, Weaver, Corn-Mafter, or Baker in London, a Milliner, or aiu
other Tradefman that gets his Living by Buying ami Selling, that he is a Bank-
rupt.
c c,„. T.
iri. ^ lu.
«; C,n. ir,
•50. i). 40.
ibafmaH a
Lamifmri.
4 Kcp. 10.
1 koU .\br,
61.
'-■:f:''-
jn,i!
lit, ■-'■
liiUi'
mmiflioncr of
:neral of Taxes
It as a workin"
Of BANKRUPTCY.
What makes a Man a Bankrupt.
489
1 3 Eliz, C.
1 1.
1 7flf. I. C.
'5
21 Jm. I. C.
'5-
ig.
I ft, To depart the Realm, or
2d, To begin to keep Houfe, or otherwife.
3d, To abfcnt himfelf.
4th, To take Sandluary.
5th, To fufFcr himlclf wilfully to be arrcftcd, for any Debt or Thing not
grown due, or for a juft (^onflderation.
6th, To fuffcr hiinfelf to be outlawed.
7th, Toyieldhimfelf to Prifon; and
8th, To depart from his Dwelling-houfe to the Intent or Purpofe to defraud or
hinder a juft Creditor or Creditors of his or their juft Debts or Duty.
9th, Willingly or fraudulently to procure himfelf to be arrefted, or his Goods,
Money, or Chattels, to be attached or fequeftered.
10th, To make any fraudulent Grant or Conveyance of his Lands, Tenements,
Goods or Chattels, to the Intent or whereby his Creditors may be defeated or de-
layed for the Recovery of their juft Debts.
1 ith. Being arrefted for Debt, (hall after his Arreft He in Prifon two Months
upon that or any other Arreft or Detention for Debt. Thefe Lunar Months.
1 2»h, Obtaining Privilege, except of Parliament.
13th, Being arrefted for 100/. or more, of juft Debt or Debts, and efcaping
out of Prifon.
14th, If a Man conceals himfelf in his Houfe but a Day or an Hour, to delay "aim. 325.
or defraud his Creditors, it makes him a Bankrupt.
If a Man commits a plain A3, of Bankruptcy, as keeping Houfe, &c. though i Sal. no.
he after goes abroad, and is a great Dealer, yet ti>at will not put;ge the firft Aft of
Bankruptcy ; but if the Adt was not plain, but doubtful, then going abroad, and '.''''^^"^/il'_
trading, will be an Evidence to explain the Intent of the firft Aft j for if it was fyg^ijjaed.
not done to defraud Creditors, and keep out of the Way, it will not be within
the Statute.
If after a plain Aft of Bankruptcy committed, he pays off, or compounds with
all his Creditors, he is become a f>ew Man.
Lying in Prifon makes a Man Bankrupt from the firft Arreft, that is from the W. 109.
Time of the firft Arreft, upon which he lies in Prifon, and not where he puts in ^^"' * ^''''
fuflicient Bail, for that might be infinitely prejudicial and mifchievous, and no Adjudged in
Man would ever fafely pay or receive from a Tradefman. *• ^-^"^ .^
The laft Refolution is contradiftcd by that in Smith and Straey, where it is held {^^c. c.
by Holt, that ifa Defendant renders in Difcharge of his Bail, and lies two Months, Sal. no.
he is a Bankrupt from the firft Arreft, and not from the Render only, but the
Commiflion being taken out before the two Months were expired, it was held ill * s*'™ 5'9-
taken out.
The Lymg in Prifon two Lunar Months makes a Man Bankrupt from the firft ^"Z' » ^^■'■
Arreft, and although the Commiflion was taken out before the two Months were [j"j %„yj
expired, yet he appearing afterwards to be a Bankrupt by a Relation to a Time uGuiU-hnil,
belbre the taking out the Commiflion, it was held fuflicient. ""''■ 5 ^"■
Afts of Bankrupt muft be in fraudem creditorum, as if a Man be outlawed it 1 Kit. 1 1 .
muft in fraudem creditorum. BraMrj's
A fraudulent Deed, made long before any other Aft of Bankruptcy committed, w„,^ ^,_ ^j.
diall not be deemed an Aft of Bankruptcy. Canwriiht a
If after a Comnniflion is ifllied, the Bankrupt (hould pay, or fetisfy, or fecure the [lJj,toii''daiic-
petitioning Creditor his Debt, fuch Payment, Satisfaftion, or Security, fhall V ly n'poned.
an Aft of Bankruptcy, and the firft Commiflion ftiall be fupercedcd, and a n'-w 5 ^"- '• '-'•
c;nc granted. 2 1 7...-. 1. c.
To prefer a Bill or Petition to the King or any of his Courts, to compel the 'qS- 1.
Creditors to compound, or give farther Time, is an Aft of Bankruptcy. of Bill! wm'
In Refpeft to Attachments and Scqueftrations, tliey muft be of the Party's im- not now lie,
mediate procuring, and not by his meer Defavit or Lacl?es to make him a Bankrupt ""'^ j|'!''/j""'
within tneStat. i Jae I. C. 15.
And what Sales and Convej'ances made by Per-
6 I fons,
■^m
k';-'.'^-
!.^-
r<;-.^
Ml
490
C*ȣi>t }0t
3«-
lit i .
B«1 : ■ |r ■ '
5^ '"' '••
Of BANKRUPTCY.
Tons, (hall be deemed fraudulent within this Stat, to make them Bankrupts may
be confidered two Ways, viz.
1 . Either fuch as are made long before a Pcrfon becomes a Bankrupt, Q?f . or,
2. Such as are made Tome fliort Time before } for v/hat is done after the Time
of Bankruptcy is totally void.
If a Trader, finding himfelf in a finking Condition with RefpeA to hiq Fortune,
makes a Conveyance of all his Lands and Goods to Truftces, for the Payment of
his real Debts, and then abfconds ; th<s Conveyance, though it may be truly and
honeftly intended, (hall not cxcufe him, for his very Ablcnting makes him a
Bankrupt j but if he does not abfcond, and declares his Intention to pay his
Debts, and the Truftecs aft accordingly, paying proportionably as far as it will
go i fuch a Conveyance witliout other Adt, (hall not make him a Bankrupt, as
here is no Fraud.
Before the making the Statute c Geo. II. C. io. one Nwcourf, who had long
followed the Bufinefsof a Goldfmith, on Micliaelmas Diy 1726, after fhutting up
his Shop, and contemplating his Inability to pay what he owed, made an Aflignment
to one Small, of two Lcafes, and alio of two Thirds of his Stock in the Wine
Trade, which he was concerned in with one Oudhy, being about the Value of 300/.
and this he did to give a Preference tu his Creditor Small (though without his
Knowledge) and to fecure his Debt, who in Friendihip had then lately advanced
him a confiderable Sum of Money. Norcourt never opened his Shop again, but
went off the very next Day, and was afterwards found a Bankrupt, and to have
become fuch the Day after Michaelmas Day ; and on taking out the Commifllon
all his Eftate was afligned by the Commiflioners to one Man an AiTignee.
On this, Umall, who was the Afligneeof thefe Leafes, and like wife of the two
Thirds in the Wine Trade, brought his Bill againil Man, the Ailignee in the
Commifilon, and againft Oudley^ the Partner in the Wine Trade, toobligc them to
account j it was here objected for the Defendants, that this Aflignment made by
the Trader when it was refolved by him that he would be a Bankrupt the next
Day, and to prefer this Creditor to all others, by which the equal Diltribution of
his Effects intended by the Statute is p.-evented, muft be a void AHlgnment j
befide it being made without the Privity of Small, &c. i$ therefore fraudulent,
after all which. Small comes to have this eftabliHied, and throueh Partiality to
be lifted in a Court of Equity, which if allowed, will effeftualTy fct afide fuch
Parts of feveral Statutes as give an equal Diftribution of the Bankrupt's Eftate to
all his Creditors.
Majlerofthe Rolls. This is a Cf.fe of Confequence, as it affefts Trade in gene-
ral, and as it tends to fruftrate the Statutes made for the equal Diftribution of
Bankrupt's Effefts ; but ftill I think the Affignment made by Norcourt to Small
the Plaintiff is good, and that he is intitled to an Account of this Wine Trade
againft the Defendant Oudley.
As to the Matter of Bankruptcy, that is a Term not known to our common
Law, but introduced by Statutes j the 3d of Hen. VIII. C. 4. which is the firft, is
very imperfedl ; the next of the 1 3th of Eliz. C. 1 1 . is more large, and that
Statute fince enlarged by feveral fubfequcnt ones : Now thefe Statutes do afcertain
what Afts make a Bankruptcy, and there can be no fuch Thing as an equitable
Bankruptcy, it muft be a legal one.
There may be juft Reafon for a finking Trader to give Preference to one Creditor
before another ; to one that has been a faithful Friend, and for a juft Debt, for
Money lent to him in Extremity, when the reft of his Debts might be due from
him as a Dealer in Trade, wherein his Creditors may have been Gainers ; whereas
the other may not only be a juft Debt, but all that fuch a Creditor has in the
World to fubfift upon ; in this Cafe, and fa circumftanced, the Trader honeftly
may, nay, ought to give the Preference ; and in fuch Cafe, it is not the Time
when the Aflignment was made by the Trader that is material, provided it be be-
fore the Bankruptcy, but the Juftnefs of the Debt is very material.
The Objedion, that Small the Aflignce did not know of this Aflignment, teems
rather an Advantage to it, for this fliews, that there was no Fraud nor Importunity
ufed by the Afljgnee; and oftentimes, upon the Account of meer Importunity, a
Trader has, when in Trouble, been prevailed upon to make fuch Aflignment.
I And
0/ B A N K R U P T C Y. 491
And as to the Creditor the Afligncc's coming into Equity, I admit that every Per-
fon who comes here, ought to come with an innocent and juft Caufe, and the
now Plaintiff, for what appears, does fo j however, what diftinguifties the pre-
fent Cafe in his Favour i», ^at the Afllgnment being of a Cbofe in jtaion, he rould
in the Nature of the Thing a, -jly no where elfe for Relief, or to have the Benefit
of the Aflignment, but in Equity.
As 10 Precedents, the fame was done in the Cafe of Cock and Goodjellow, where
theAffignment was made by Mrs. Cw^, juft before her Bankruptcy, and in Truft
for her own Children j and as to Part, it was but a Direction to the Truftces to ai-
fign her Stock in the Bank, Gff. and Lord Macclesfield AkXwcA, that this was fo far
from being an Adl of Fraud in Mrs. Cock, though it was for her own Children, that
it feemed to be juft and commendable. So in the Cafe of Jacob and Shepherd ;
the Trader Shepherd was on the Brink of Bankruptcy, and the Deed brought ready
engroffed to him, which he executed a little before his Bankruptcy, to give a Pre-
ference to fome of his Creditors j indeed I doubted this, but on an Apueal, the
Lord Chancellor Macclesfield ordered a Trial, to be informed when the Trader be-
came a Bankrupt ; and the Execution of the Deed being found to have been before
the Bankruptcy, the Decree wus in Favour of the Deed. The like happened in
Sir Stephen Evans's Cafe, who having executed a Deed immediately before his
Bankruptcy, and with a View to prefer fome Creditors, the fame prevailed. So Norcnn's
that according to thefe Precedents, I muft decree in Favour of this Deed, giving a ^*''' *"'*'
Preference to the Plaintiff. '^'''
0/ the Commijfion and Commijloners, and bow they may examine the Bankrupt, bis
IVife, and others,
ACommiflion of Bankruptcy can iffue only upon the Petition and Affidavit ; go. ll. C
of a Creditor or Creditors, and not unlefs the finglc Debt of fuch Creditor, 30' s- »3-
or of two or more, being Partners, petitioning, amounts to lOo/. or luilefs the
Debt of two Creditors, fo petitioning, ftiall amount to 150/. or unlefs the Debt
of three or more Creditors, fo petitioning, (hall amount to 200/. and alfo upon
fuch Creditors giving Bond to the Lord Chancellor, Keeper, or Commiffioners of
the Great Seal, in the Penalty of 200/. conditioned for proving their Debts, as
well before the Commiffioners, as on a Trial at Law, as alfo for proving the Party
Bankrupt at the Time of taking out the Commiffion, and farther to proceed on
fuch Commiffion as by the Statute is directed.
One petitioned for a Commiffion of Bankrupt againft Lee, and his Debt « ''"'■ '''''''•
(amounting to 100/.) appeared to confift of Notes, made payable by the Bankrupt ^reVm i-Vi.
to other Perfons, who had endorfed them to the Petitioner, and to have been ex Parte Lt€.
bought in by him at ten Shillings in the Pound j upon which it was objected,
that a Creditor coming by his Debt in this Manner was not entitled to fue out a
Commiffion ; but Lord Chancellor Macclesfield ruled, that though the Petitioner
had thus gained the Notes, he was a Creditor for the full Sums of them, and may
fue out n Commiffion accordingly.
A Commiffion of Bankruptcy is not a Matter difcretionary, bilt to be granted 1 v,rH. ip,
Ae Jure ; and it has been adfjudged, that if all the petitioning Creditors for a Com- Alderman
miffion fliould agree to have it difcharged or fuperceded, it may be granted ; and Baekwiirf
Cafe other Creditors, that were not Petitioners, fhould pray a Renewal of the *"*'^'*
f,ivK*'->,vi|
t,W-
in
15.S. 17.
2 5miv. Lalc9
C.
Commiffion, or a Revocation of the Super fedeas, it may be granted
After a Commiffion is fued forth, and dealt in by the Commiffioners, they 1 7*f- ' C,
may proceed though the Bankrupt die.
The Commiffion fhall not nbate by the Death of the King ; and Commif- 193.
fions fliall be renewed on the Death of the Commiffioners upon paying half 5 ^^f- "
ces.
The Commiffioners are appointed under the Great Seal, and ought to be Men 13 £''w-C. 7
(as the Lord Coke fays) of Wifdom, Honefty, and Difcretion ; as they have Power
over the whole Eftate, Freehold, Copyhold, Goods, Debts, Chattels and Effisdts
of the Bankrupt.
The Commiffioners may fell the Bankrupt's Land by Deed inrolled 5 they may di«o
foil his Goods without Inrolment, but not Land.
The
Km/. 36^.
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d -. s. 5.
I Jai. I. C.
ij.S. 10.
; Mod. 308.
Ctmb. 590.
s. c.
Sett. & Rrm.
j.H. S. C.
I Sal. 348.
5G«. 11. C.
JO. S. 16, 17,
18.
;:ei
0/ BANKRUPTCY.
The Commiflloners may ftnd for and examine fiich Porfons, a» have, or arc
fufpedted to have, any of tlie Biinkriipt's Goods, Wares', or Debts, in their
Cuftody, iPowcr, or Ufe, and who are, or be fufpcdted to be iiulcbttd to the
Bankrupt, and to examine them on their Oaths, or otherwife, astlicy Hiall think
fit, touching the Premifcs ; and if any rcfiifc to be examined, or d<j not dilcovcr
the whole Truth, they (hall forfeit double the Value of the Goods concuaJkd, to
be diftributcd by the Commiflloners, as the reft of riic Bankrupts Eftate.
The Commiflloners have Power to commit Pcrtbiis rcfuling-to appear to be ex-
amined, or appearing refufc to he examined on Interrogatories.
One Bracey was committed by the Commilfioners for refiifing to be examined,
and the Warrant concluded, that he flidl be committed until he conform to the
Authority of the Commiflloners j the Words of the Statute 1 Jac. I. C. 15. arc
" until befubmit to the Commi/fioners, and be by them examined."
This was held to be a void Commitment, and Bracry was difcharged upon an
Hab. Corp.
I jac. I. c. Witn^es to have their Charges, to be taxed by the Commiflloners, and paid
15. S. II. jjm jj£ jj^ Eftate { and being guilty of Perjury, or Subornation of Perjury, indidt-
able and puniihable according to the Stat. 5 Eliz. againft Pcrjiwy.
S. 15. The Commiflloners fliall declare to the Bankrupt how they have hjftowed his
Lands and Goods.
II Jat.x.C. The /Commiflloners empowered to examine the Bankrupt's Wife, vouching the
'9- Eftate.
TheV may by thtir Warrant appoint their Ofiicers to break open tlie Bank-
rupt's Houfe, Shop, Cc.
Commiflloners may examine all Perfons, as well by Word of Mouth, as on In-
terrogatories, relating to the Trade, Eftate, and EfFeds of the Bankrupt, or any
A<a or Adts of Bankruptcy committed, and may reduce into Writing the Anfvvers
on verbal Examinations, which fhall be flgned by the Examiiiant, and in cafe of
Refufal to anfwer, or not fully anfwcring all lawful Qucftions, or refufing to fign
the Examination, not having a reafonabic ObjcAion to the Wordiwg thereof, or
otherwife to be allowed by the Commiflloners, they may convmit till the Party
complies ; but the Queftion refuftd to be anfwered mail be ftatcd in the Warrant
of Commitment.
If a Warrant of Commitment be infufflcient in Form, and a Hab. Corp. be
brought, the Court or Judge before whom the Hab. Corp. is brought, fliall make
a new Commitment to the fame Prifon, unlefs it appears that the Party had be-
fore complied.
Commiflloners are uncapable of ailing till they have taken an Oath that they
will faithfully, impartially, and honeftly behave in the Execution of the Commil-
fion, which Oath they are to adminifter to each other, and keep a Memorandum
thereof by them, figned among the Proceedings,
The Oath is as foUtms i
I A. B. dofwear, that I-will faithfuHy, impartially, and benefily, according to the
bejl of my Skill and Knowledge, execute the feveral Powers and Trujis rcpofid in
me, as a Commiffioner in a Commiffion of Bankrupt, againjl E. F. late of, &c. and
that without Favour or AffeSlien, Prejudice or Malice.
So help me Gotl.
No Time is generally limited for the taking out the Commifllon, though tlie
fooner doubtlefs the better for the Creditors j and the Provifo in the Stat. 2 1 Jac. I.
C. 19. as to particular Cafes, merttions, that the Commiilion muft befued within
five Years after fome Time when the Party became a Bankrupt.
yf. took out a Commifllon of Bankruptcy againft B. and kept it for fix Months
without doing any Thing therein ; he then executed it, and the Party was foimd
ft Bankrupt j on a Petition to fupercede this CoramiflTion, it was laid by //. in Ex-
cufe for keeping it fo long by him unexecuted, that he was not at firit certain his
Proof was fuflkient to find B. a Bankrupt ; but it appeared afterwards there were
good Grounds for a Commifllon, and that he was fouod to be a Bankrupt ac-
cordingly.
In
5 G/».1I. C.
30. S. 43.
:j^-
Of BANKRUPTCY.
493
In thii Cafe, the Lord Chancellor faid that it was very wrong in A. to keep j p,„ //,//.
the Commiflion thus long in his Pocket i and until he had fufficicnt Proof of the I'-'p- 54S.
Bankruptcy he ought not to have taken out the Commiflion, which bv having ''^^'
been kept fo long private, might have been the Means of drawing in M'ultitiidcs
of People to give Credit to the Bankrupt, and of furnifliing him with Opportu-
nities of defrauding many: wherefore he fuperccded the CommiHion j and it be-
ing objcdtcd that this would only bring a frefli Expencc upon the Bankrupt's
Eftate by the Charge of another Commiflion, his Lordfliip replied, he would
take Care that the former Commiflion fliould not be at the Charge of the Bank-
rupt's Eftate.
A Commiflion, at the Complaint of fifteen Creditors, was iflucd on the Statute
of Bankrupts, aeainfl Alderman I^af/iwf//, who died fliortly after j and thefc Cre-
ditors having a Judgment, andfuppofing thereon they mignt have better Remedy
than their Proportion would amount to on the Commiflion, they fluck to that,
and the Heir of the Bankrupt paid their Debts j and no other Creditors appearing
then, to profecute, the Commiflion by their Confent was fuperccded ; after which,
thirty other Creditors fucd for a Difcharge of the Superceaeas, whicli after being
argued before Lord Chancellor yefferies, was done, and his Lordfliip renewed , f;|,„ ^ifc
the Commiflion j for the Reafons, that vhcn a Commiflion is granted, it is not 14.1. 191.
for the Benefit of the Petitioners only, but expreflly for the Benefit of all the
Creditors.
A Commiflion having iflued againft one Hughes, on a certain Day at eleven
o'clock in the Morning the Commiflioners met, and proceeded to declaire him a
Bankrupt, and the Declaration was figned by them between three and four
o'clock in the Afternoon, and the Aflignment of the Bankrupt's Goods executed
by Six, at which Infttnt the Commiflior rs had notice, that the Bankrupt died
that Day at one in the Afternoon, which was the firft Notice they had of his
Death : On a Bill brr t againft an Afllgnee under the Commiflion, for an Ac-
count offuch Goods ' .e Bankrupt, as had come to his Hands, the Defendant
pleaded the Commifll< and the Proceedings thereon ; and the Lord Chancellor,
?tf/^5/ held the Plea to be good.
For the Meeting of the Commiflioners in order to declare the Party a Bankrupt,
and whatever is done in Purfuance of the Commiflion, fliall be taken to be a Deal-
ing in it, if never fo minute j and the rather, for that the Statutes of Bankrupts
being remedial Laws, are to be beneficially conftrued, in Favour of the Creditors j 7^a«o('sChan.
and therefore my Lord would not overthrow this Commiflion, and all the juft '^j-IJ^ ',^*'..
Right of the Creditors Claiming under it.
A Commiflion of Bankrupts was taken out againft a Perfon, and upon the
Bankrupt complaining, that one of the Creditors had come in under the Commif-
fion and proved his Debt, yet had arrefted the faid Bankrupt, who in his Peti-
tion prayed to be difcharged j and here Lord Chancellor King bbferved, that it had
been the Conftrudlion of the Court of Equity upon the latter Statute, which dlf-
charges the Bankrupt of his Debts, on his procuring a Certificate, figned by four
Fifths of his Creditors and allowed by the Chancellor, that where a Trader be-
comes a Bankrupt, any one of his Creditors comes in on the Commiflion, to
prove his Debt, though with Defign only to oppofe the Bankrupt's Certificate,
nevcrthelefs this Pioceeding of the Creditor is an Eleftion to take his Remedy
for his Debt under the Commiflion j and if pending that, the Creditor fues and
arrefts the Bankrupt, it is taken to be an Opprefllon : Therefore he ordered the
Creditor at his own Expence to difcharge the Bankrupt out of Cuftody. But he
faid, if fuch Creditor would wave having any Benefit under the Statute, ftay a
reafonable Time, and there was an Improbability of the Bankrupt's being able
to gain his Certificate figned by four Fifths, in Number and Value, of his Credi-
tors, or allowed by the Court, in fuch Cafe, if the Creditor fliould apply to the
Court, declaring his Confent to wave any Right or Share of the Bankrupt's Eftate
under the Commiflion, and praying that he might fue the Bankrupt j it would Mich. i-jS.
be reafonable and proper for the Court to give Leave to fuch a Creditor to proceed
at Law againft the Bankrupt for his Debt. Sa'hU'. Caf
One Salkeld, a Clothier in Town, was indebted to one Hale, for Clothes, , r„r ii;';i.
which Salkeld made over to a Relation for a pretended Debt j on which Hale ^-f- ^'&^-
6 K brought ['.;■. 7-!.'',tr.
!/•
."(
, « t
M/C"
'■'*'',;",
0:.
U'^:
494 0/ B A N K R U P T C Y.
brought an Adion againll him, and having obtained Judgment, took hiin in
Kxecutiun on a Qi/iins aJ Siilis/iicti'i$Jum, about two '\'cars after the Ail 5 Ore. J,
C. 24. was inailc. The Relation twk out a Statute againil Stilie'J, in order
to fcrvc him, and TFule was prevrtil«d on to be an Afligncc, though the liaiikrupt's
EAatc proved to be only a few Shillings and ibmc dcl'pcratc Debts.
Salkeid thereupon petitioned tliat he might be dilchargcd out of Execution, fince
Ilale, at whofc Suit nc was taken, had come into the Commiflion and proved liis
Debt, and not only ib, but was the Afligncc under it. That though Hate had
propofcd waving all Benefit and Advantage accruing from the Coaimilllon, yet
this was now too late, he having tome in under it, proved his Debt, and con-
fcntcd to be an Aifigncc, which was a plain Elcdtion to proceed this Way, and lUch
Eledion being once made, could not be waved afterwards. But Lord Chantcllor
Parker : This Commiflion was plainly fucd out fraudulently by the Bankrupt's
Relation, to dillharge the Bankrupt out of Cuftodyj the Propulil is fair on tJie
Creditor's Side to wave any Benefit under the CommilTjon, and therefore ouglit
to be accepted ; and the Creditor cannot be faid to eledl to be fatisHed out of aji
Eflate, when there is no Eftatc, which piorc particularly diiUngui(h<.'S tliis
C;.fe. I will not difcharge this Bankrupt to the \ ivjudice of a Creditor, wlwre
it appears on the Face ot the Thing, that the Commifllon was fucd out in Fa-
vour of the Bankrupt himfelf, by his Relation, and not for the Service and Ad-
vantage of the Creditors.
Of tbt Bankrupt's Surrender, Examination, Difcovery, Allowance and Certificate \
and (if entering the Proceedings, &c. of Record.
AFtcr the Commiflloncrs named in a Commifllon of fiankruptcy fucd for
have, in Confequence of Proofs made to them, found any one to be a
Bankrupt \ they make and fign the following Declaration, viz.
' WJ E whofc Names are hereunto fubfcribed (or underwritten) being the
• W major Part of the Commiflloncrs appointed for the Execution of the
' Commifllon of Baukrupts, awarded a{[ain(l C. D. &c. upon the Oath and E.\-
• amination of livers Wttneflcs, do conceive for have found) that the faid C. D.
• the Dav of January laft (or before the luing forth. of the liiid Commifrion)
• was and did become a Bankrupt, within all, or fomc of the Statutes, made
• concerning Bankrupts j and accordingly we declare him to be a Bankrupt, and
• to have been fo from that Time.'
G. H.
I. K.
L. M.
But the Commijioners are generally cautious in declaring the Bankruptcy fron a
certain time, but leave it to a trial at Law, in cafe there be any ^eftion or Doubt
of it i and this is to fecure themfehes from A&ions that may be brought againjl
ibem.
Alfo it is here oblcrved, that the Declaring of the Commiflloncrs, whether
he be a Bankrupt or not, doth not acquit or charge him, unlcfs ia 'I'ruth it
were fo.
And after they have declared the Party a Bankrupt, they then make out the
following Warrant for feizing his EfFc<fls.
• "1 T JHereas the King's Majefty's Commifllon under the Great Sc.-d oi Great-
• V y Britain, grounded upon the fcvcral Statutes made concerning Bankrupts,
' bearing Date ■ tWeJlmin/ler the fame Day witli this our Warrant (or according to
« tlje Date) hath been awarded againfl: A. B. of, (s^c. Dealer and Chapman, di-
• reftcd to us who have hereunto fet our Hands and Seals, together with F. C. Efq;
' and D. S. Gentleman ; and we being the major Part of the Commiflloncrs
• named and authorized by Virtue of the faid Commifllon, having begun to put
• the faid Commifllon in Execution, upon due Examination of WitJicflcs, or other
« good Proof upon Oath before us taken, have found that he the faid A. B. did
' for
f.^f
H'^
O/ B A N K R U P T C Y. 495
for fevcral Years laft part trade and deal as a Chapman, and bv fuch hi* Df alings
became indebted to C. D. of, G?f. 1 latter, in the Sum of one Hundred and eighty
Pounds, rnd being fo indebted as atbrcfaid, he the faid /f. B. became Hanknipt
to all Intents and Purpofes, withinthctrueIntcntandMcaningofthefcver.il
Statutes made aeainft Uankrupts, fomc or one of them, before tlic Onte and
fuing forth of tf... faid Commidlon j thcfe are therefore, by Virtue of the faid
Commiflion, and the fevcral Statutes therein mentioned, to will and require,
authorize and impowcr, you, and every of you, to whom this our Warrant is
directed, forthwith to enter into and upon the Houfo and Houlcs of lum the
faid yt. D. and alfu into all other Place or Places, l>elonging to him the faid
^. B. where any of his Goods are, or are fufpedkd to he, and there (ci/e all t!)c
ready Money, Jewels, Plate, Iloulhold Stuff, (Joods, Merchandize, Books
of Account, and all other Things whatfocvcr belonging to him the faid /t. B. and
fuch Things as you fliall fo fcize you (hall cauie to be inventoried and appr.ull-d,
by honcil Men of Skill and Judgment, and the fame you fliall return to us
with all convenient Speed, and what you Hiall lb fei/c you (hall (iifely detain
and keep in your Polfcllion until wc fliall give you Order for the Difpofal
thereof J and in Cafe of Refinance or of not having the Key or Keys, of any
Door or Lock l>clonging to any Place or Places of him the faid yl. li. where
any of his Goods arc, or arc lufpcdcd to be, you fliall break open, or csuife
the fame to be broken open, for the better Execution of this our Warrant.
Given under our Hands and Seals this S4th Day of January, in the Year of our
Lord 1761.
y. IT.
* To G. H. our Me/cnger, and J. W.
• djo to J, K. bh 4l}ijiant: A. H.
To all Mayors, Bailiffs, Omjiables, HeadbOroughs, and all other his Majfjly's
loving SubjeSis, •mom we require to be aiding and ajjifting in the Execution
of' this our JVarrant, as Occajion Jhall require.
And likcwife fend a Summons to the Bankrupt^ which is alfo his Warrant of ; Ca. ti. C.
Protcdlion from Arrefts during the forty-two Days allowed for his Examination, 3°- S- ^•
or the farther Time granted for finifliing it* being forty-nine Days, the Form of
which is as follows i
* T T 7 Hcrcas a Commiflion of Bankrupt on the twenty-fourth Day ofyanuary,
* VV > 7 5 2i iflTued under the Great Seal of Great-Britain, againft A. B. of, &c.
< Dealer and Chapman ; and whereas the major Part of the Commiflioners in the
' faid CommiiTion named and authorized, have declared you to be a Bankrupt ;
• We the faid Commifllloners do hereby fummon and require you the faid A. B.
* perfonally to be and appear before the Commiflioners in the faid Commiflion
« named, or the major Part of them, on the Day of Inftant, at
< nine in the Morning, and on the and Days of next, at three
< in the Afternoon, at Guildhall, London, then and ttiere to be examined, and
< to make a full and true Difcovery and Difclofure of all your Eftate and EfFedts,
• according to the Diredion of the Ads of Parliament now in Force concerning
• Bankrupts ; and particularly the Aft pafled in the fifth Year of his prefent
« Majefty's Reign, entitled. An Ail to prevent the committing of Fraud by Bank-
' rupts ; and herein fail not at your PerU. Given under our Hands Day
' of 1761.
^\: \\
I'''"
.'-H J
*rb A. B. fix Bankrupt.
I. H.
LJV.
A. H.
As foon as the Warrant of Seizure is executed, and ihc Bankrupt has received
his Summons from the Commiflioners, he ougiit in Prudence to furrcndcr himfclf
at their firft Meeting, as well to flicw his Willingnefs of complying with the Sta-
tute
( Ga. ir.
C. JO. ». J.
I
h
e^'''^
496 0/ B A N K R U P T C Y.
tute u to fecure himfcif from Arrcrts nnd Imprifonmcnt, though hU appearing at
the ftiid Time it not ahluhitcly required.
And after fuch Surrender, tlic Bankrupt fliall at all reafonahlc Times, befi)rc thi;
Expiration of the forty-two Days, or futh further Time as (lull b" allowed him
to finish hi« Examination, be at Liberty to infpcdl his Books, P.ipers, Writinj;s
and Accounts, in the Hre(ence of his AHignee or Aflignecs, or anv Perfon ap-
pointed by them, and (hall have Liberty to bring with him fuch Perfons as lie
ihall think ht (not exceeding two at a Time) to make out fuch Extradts and
Copies from thence as he (hall think fit, the better to enable him to make a full
anJtrue Difcovery of his Kllatc and Krtcd^s 1 and in order thereto the (aid Bank-
rupt (hall be free from all Arreft*, Rertraint, or Imprifonmcnt of any of his Cre-
ditors in coming to furrendcr, and from the actual Surrender of fuch Bankrupt
for and during the faid fortv-two Days, or fuch farther Time as fliall be allowed
him for finilhing his Exammation.
Provided the Bankrupt was not in Cuftody at the Time of fuch Surrender, and
in cafe he fliall be arredcd for Debt, or on any Efcape Warrant in coming to
furrendcr himfcif, or after his Surrender within the Time aforementioned, that
then upon producing fuch Summons, under the Hands of the Commiflloncrs or
AITignccs, to the Officer who (hall arrcrt him, and making it appear to fuch
Otiicer, that the Summons was figned by the Commiffioncrs or Aflignccs, and
giving the Officer a Copy thereof, fliall he immediately difchargcd j and in cali;
any Officer fliall detain (uch Bankrupt (after he fliall have flicwn luch Summons
to him, and made it appear it was ligncd as aforefaidj in his Cuftody, fuch Officer
fliall forfeit and pay to the Bankrupt for his own Vie, the Sum of live Pounds for
every Day the Officer (hall detain him, to be recovered by Aflion of Debt in any
of his Majefty's Courts of Record at ff^e/lminjler, in the Name of the Bankrupt,
with full Cofts of Suit.
A Commiffion of Bankrupt iflued againft Philips de Frits in the Month of July
1732, and he was declared a Bankrupt, and required to furrendcr himfcif to the
Commifl*ioncrs j and when the Meflenger executed the Warrant of Seizure, the
Bankrupt, without Refiflance, delivered up his Keys and EfTeds to him, and
promifed to fubmit to the Commiflioners, and comply with the Direflions oV the
A(X.
The Summons was not ferved upon him till the firft Day mentioned for his
Surrender in the Gazette (and three Days after executing the Warrant of Seizure)
and about an Hour after the Service of'^the Summons, and before he furrendercd
himfelf, he was arrefled, and thereupon he petitioned the Lord Chancellor,
ainongft other Things, to be difchargcd ; and the Petition came on to be heard
before he had furrendcred himfelf} and upon tSe Hearing, Lord Chancellor King
fo far confidered what he had done (and which was all that he could then do)
as a Compliance with the A61, that he held he »j.ht to be difchargcd, but dif-
fuaded the Bankrupt from fuing the 0(ficer fr-r the Penalty j and thereupon an
Order was made accordingly by Confent.
i.ito, s. 6, Every fuch Bankrupt, after Affignces fliall be appointed, is to deliver upon
Oath or Affirmation, before one of the Mailers of Cnancery, or Juftice of Peace,
unto fuch Aflignees, all his Books of Accounts and Writings, not fcized by the
Mefi'cnger of the Commiffion, or not before delivered up to the Commiflloncrs,
and then in his Power, and difcover fuch as are in the Power of any other Perfon,
that any ways concern his Eftatet and every fuch Bankrupt, not \n Prifon, fliall
after fuch Surrender be at Liberty, and is required to attend fuch Affignces upon
Notice in Writing, in order to aillft in making out the Accounts of the Eftatc.
If the Perlbn againft whom the Commiffion is taken out, is in Prifon or Cuftody,
the Commiflioners grant their Warrant to the Warden of the Fleet, or Marfliul of
the King'i-Bencb, or to any Perfon who has the Bankrupt's Body in Cuftody
on mcfne Procefs, to bring him to be examined before them.
But if the Bankrupt is in Execution, and cannot be brought before the Com-
miflloncrs, then the afting Commiflloncrs (hall from Time to Time attend the
Bankrupt in Prilbn or Cuftody, and take his Difcovery as in other Cafes.
It is undoubtedly the Obligation of every Perfon, who is fo unfortunate as to
have a Conimillion of Bankruptcy taken out againft him, to behave in every Re-
Ipca
in
1 1 */(«. c. f,
II Jmc C.I9.
{ CVf. II.
0/ B A N K R U P T C Y. 497
(acQ. with the Kfcatcft Integrity, and do all Things in hi« Power to ferve hiiCre*
ditori, ait well l>y hin AlVilhiiuc in fettling hi* AcLomits (which he (hould carefully
pLicc in tlic ilcarcll and triull Lijjht) m by his diligent Attendance on the AlTig*
ncc!t, and putting them in the b<ll Method of Icturing and recovering hii ET-
fi('h 1 for the Lolii of his Creditors lliould not be anumentcd through hit Ne-
f/,ki\, a« a Man ha« it alwayi in hi« I'uwer to be honcll, though he cannot com-
mand Fortinie, or very often prevent Miifortune ) however, ai Honedy ii not t
condant Attendant on all IliiiKrupti, the Law ha« fumidied the Coinmiflioneri
with afullicicnt Power to oblige tncm to fubinit to an Examination, and to make
them be jull in it. For
If the Uankrunt fhall rcfufc to be examined, or not give a full and fatiifa^ory
Anfwcr to every Interrogatory minilkrcd to him by the Comminioneri, it (hall be
lawful for them to commit the fatd Offender to fonte (Irait or clofc Imprifonment,
there to remain until he (hall better conform himfclf. And,
If the Bankrupt (hall not, within forty-two Days after Notice for his Surrendering
Writing, left at the ut'ual Place of his Abode (or on perfonal Notice if the Bank-
rupt be in Prifon) and Notice given in the London Gazette, that fuch a CommifTion
is iffucd, and of the Time and Place of Meeting of the CommifTioncrs, furretider
himfclf to them, and fign fuch Surrender, and (ubtnit to be examined from Time
to Time u)>on Oath, by and before fuch Commi(rioners, and in all things conform
to the fcveral Statutes already made and now in Force concerning Bankrupts, and
alfo upon fuch his Examination, fully and truly di(clofe and difcovcr all his Effedts
and Eflate, real and perfonal, how and in what Manner, and to whom and
upon what Confideration, and at what Time or Times he hath difpofed of, alTigned
or transferred any of his Goods, Wares, Merchandizes, Monies, or other Ellate
and Effects, and all Books, Papers, and Writing relating thereto, of which he was
pofTefTed, in, or to which he was any ways interedcd or intitled, or which any
Perfon or Pcrfons had or hath, or have had in Truft for him, or for his Ufe, at
any Time before or after the KTuine of the faid CommifTion, or whereby fuch Per-
fon, or his Family, hath, or may nave, or cxpcdt any Profit, PofTibility of Profit,
Benefit, or Advantage whatfoever, except only fuch Part of his Eflate and Effcdts
(IS (liall have been taWy inA bona fiJe before fold or difpofed of in the Way of h(j
Trade and Dealings, and except fuch Sums of Money as fhall have been laid out in
the ordinary Expcnces of his I'amilvi and alfo upon f'ich Exumination, deliver up
to the faid CommKTioners all fuch Part of his Good3, Wares, NTerchandizes, Mo-
ney, Eftatc, and EfFeifls, and all Books, Papers, and Writings relating thereto, as
at the Time of fuch Examination fhall be in his PofTefTion, Cuf>jdy or Power, (his
ncccfTary Wearing-Apparel, and that of his Wife and Children only excepted)
then he, the faid Bankrupt, in cafe of any Default and wilful OmifTion, In not fuf-
rendcring and lubmitting to be examined as aforefaid, or in cafe he fhall retnovtf,
conceal, or embezzle any Part of fuch his Eflate, real or phonal, to the Value of
twenty Pounds, or any Books of Account, Papers, or Writings relating thereto,
with an Intent to defraud his Creditors (and being thereof lawfully ConVidled by
IndiAmcntor Information) fhall be deemed and adjudged to be guilty of Felony,
and fhall fuffer as Felons, without Benefit of Clergy, or the Benent of anv Statute
made in relation to Felons ; and in fuch Cafe, fuch Felon's Goods and Eflate fhall
go and be divided among the Creditors, feekine Relief under CommifTion.
Though it is lawful for the Lord Chancellor, Lord Keeper, or CommiflioAefs oi ^^^^|^ ^ .
the Great Seal, to enlarge the Time for fuch Perfon's furrendering himfelf, and dif-
covcring his Effc£ls, as uie faid Lord Chancellor, (Sc, fhall think fit, not exceeding
fifty Days, to be computed from the End of the faid forty- two Days; fo as flich
Order for enlarging the Time be made by the Lord Chancellor, &r. fix Days at
leafl before the Time on which fuch Perfon was fo to furrender himfelf, or make
fuch Difcovery as aforefaid.
When the Bankrupt has pafl his laft Examination, and his Certificate is fignea by
four Fifths of his Creditors in Number and Value, who have proved their Debts,
and have each owing to them 20/. or upwards, the CominifTioners t!.cn certify to
the Lord Chancellor, that the Bankrupt hath in all things conformed to tl]c fcveral
Statutes made and now in force concerning Bankrupts, and the faid Bankrupt having
made Oath that the figning his Certihcate was obtained fairly and without
6 L Fraud;
i
-i^-
■i
■•«
^%M
ditto, S. I?.
490 O/ B A N K R U P T C Y.
Fraud J and due Notice having been given of his faid Conformity in the LenJm
Gazette, and no Oujcdlion made by any of the Creditors to the Allowance thereof,
his Lorddiip is plcafed to allow the Certificate, in the following Manner.
Fd. 10, 1749.
''Hercas the ufual Notice hath been given in the London Gazette of Tuefdaj
the Day of and none of the Creditors of the abovcnamcd
A. B. have fliewn any Caufe to the contrary, I do allow and confirm this
' Certificate.
' Hardwicke, C.
:W
ditto, S. 15.
r t
1.
m
M;-'
V> t
ICkParteCet/-
z ymt. 6t)t.
Trill. 171;.
BUkTM.:ll a
Comhs.
z Pur mi:.
70.
Trin. Term.
i;2.?.
Liivis a
Chafe.
I Pur Will.
181.
L. C. Pnrhtr,
Eajltr
l;jo.
When fuch Certificate is allowed, the Bankrupt is difchargcd of his Debts, and
is not liable to be fued or arrefted for any one entered into before his Failure,
although he fhould be taken in Execution or detained in Prifon by Rcafon that a
judgment was obtained before his Certificate was allowed and confirmed; and it fliall
be lawful for any one or more of the Judges of the Court wherein Judgment has
been fo obtained, on the Bankrupt's prodiicmg his Certificate allowed and con-
firmed, to order any Sherifl^, BailiflF, or Officer, Gaoler, or Keeper of any Prifon,
who hath or (hall have fuch Bankrupt in his Cuftody, by Virtue of any fuch Exe-
cutions, to dilharge him without Payment of any Fee or Reward.
A Bankrupt having his Certificate allowed, and having flipt his Time of Plead-
ing at Law to a Debt precedent to the Bankruptcy, is not to be relieved in Equity.
A Bankrupt after his Certificate was allowed, was fued for a Debt due befiare
his Bankruptcy ; the Court on the Circumftances of the Cafe did relieve, though
it will not relieve on a Matter purely of mifr ding.
A Creditor petitions againll the Allowance of a Bankrupt's Certificate, upon
which the Bankrupt gives him a Bond for Payment of his wnole Debt, in Confi-
deration of witlitiraw.'ng his Petition, and in Confequence of his fo doing the Bank-
rupt obtains his Cei tificate; but refufing after'vards to comply with his Bond, the
Creditor put it in Suit againft the Bankrupt, who pleaded the Adl of Parliament,
and that the Bond was obtained in order to procure his Difchargc; but he could
rerni, jjqj (,g relieved in Equity againft the Bond.
A joint Commifllon was taken out againft the Defendant and Partner, and their
HtmarJ^ Certificate was allowed j and the Defendant was now fued by the Plaintiflffor a
l^hii. 8 Geo. Debt due on his feparatc Account, and arrefted ; to which the Defendant pleaded,
h 'r " ^r h' ^'^^^ ^^ Caufe of Aftion arofc before that of Bankruptcy, and therefore moved that
liarlmctc, ^'^ fliould bc difchargcd out of Cuftody, upon filing common Bail, which was al-
Prgi, Pniy,,, Ipwcd i it bciug hcfd, that the Statute ot the 5th of Geo, II. which fays, that in
cafe any fuch Bankrupt fl.all aftefxardi be arrefted., profccnted, or impleaded, for any
Debt due bcjcre Jiucb T'lue tn he became Bankrupt, fuch Bankrupt Jhall be difcbarged
upon common Bail, is in general Words that toe Bankrupt fliall be difchargcd en
common Bail, from all Debts owing by him before the Bankruptcy, and makes no
DiftiutSion betwecii ajoint and feparate CommifljoUf
Tljrep CommillioBS of Bankrupt iflued at the fame Time, 6ne againft A. fepa-
rately, one againft ^. feparately, and ajoint one againft A. a^d B. as Partners in
Company; and the Certificates on the two feparate Comrniftions were confirmed
by the Lord ^hanccHor, and delivered to the Bankrupts, and four Fifths in Num-
ber and Value of 'the Company Creditors figned a Certificate for the Bankrupts
Difchargc on the joint Commiflion :
But at the Time the joint Certificate was to have been confirmed, one of the
joint Creditors applied by Petition to the Lord Chancellor, fuggefting that A. had
loft more than five Pounds atGaniing in one Day, within the Year before the Com-
miftion ilTued, and therefore was not intitlcd to be difchargedj and the Lord Mac-
clesfield not only refufcd to confirm the joint Certificate, but ordered the former
feparate Certificate of ^. to be recalled and difallowed, and allowed the joint Cer-
tificate as to B. only.
And being a Matter of great Confequence to A. who as foon as his Certificate
was allowed, had cnuaged very confiderably in Trade, he ordered his Cafe to be
flated, and took tlie Opinion of the moft eminent Council thereon ; and the
Queftions arifing from this Cafe, were,
111.
anu Lee.
^^
Of BANKRUPTCY.
id. Whether it was in the Power of the Lord Chancellor, after a Certi6cat< was
duly allowed and delivered to the Bankrupt, and enjoyed by him for fcveril
Months, to recal the fame ex Officio, and deprive tlie Party i)f the Benefit of tlic
DJitharge.
If the Bankrupt haslo.l five Pounds at one Time, and the Faftfhall beprc^'eci sitnn
before the Allowance of the Certificate, I think the Certificate ouctht not to he al- ."- i-
49?
fiver
inter Cfjo''
q 4 Ai>
I'lic Aiifwcf
of anorher
The Anrw r
of ano her
moll eminei.t
lowed by the Commiflioners of Bankruptcy, or by the Great Scali hut If the Bank
rupt hatn conformed in all things, and his Certificate hath been allowed, withoui
any Objeftions made upon the Account of Gaming by the Creditors, I conceive
there is not a Power given to the Great Seal to recal the Certificate.
S.Coivper, 14 ^kw, 1725,
2dly. Whether a feparate Certificate difcharged the Partner ftoYn joint Debts ^
and the Anlwerof a great and learned Pcrfon, was this,
I was clearly of Opinion at firft, that the Bankrupt's feparate Certificate, (p long
as it continued in Force, difcharged the Bankrupt, not only from fuch Debts as Were
owing from the Bankrupt on the feparate Account, but likewifc fuch as were owing R<''t Cuun.
on the Partnerfh'o Account; fo I continue in tho fiime Opinion. I alfo cpncur in ''
Opinion wi^' Mr. Cnvper, that the Lord Chancellor cannot legally recall the Cer-
tificate after if is once confirmed, upon the Account of a Fadl which was nevei*
proved, or ever objeded to, before the Allowance of the Certificate.
The Opinion of another moft eminent Perfon to thefe Queftions, was a^
follows.
I ft. As to the Chancellor's Power of recalling the Certificate, he fays thus, .
This is a Queftion of confiderable Difficulty j but I am rathei' of Opinion that fucli
a Confirmation cannot be revoked, fo as to prevent the Bankrupt's Difcharge; be- .
caufe (by the Statutes) conforming to the Adts, and a Certificate confirmed, is ''<=''^""
made an ajTiual Difcharge of the Bankrupt's Debts due at the Time of his Jlank-
ruptcy ; and a Revocation after the Debts are once extinguifhed, feems to tome
too late.
And as to the fccond Queftion, whether a feparate Commiflion difcharged joii\t
Debts ? his Anfwer was this ;
As this Statute extends exprefsly to all Debts, I am of Opinion that Partncrfhip
Debts, being Debts of A. the Certificate is equally a Difcharge to thofe Debts as
well as to others.
"There was another Queftion which arofe on this, and being equally intercftlng
with the preceding ones, I have chole ic ;;'ive the whole at large, for the Satisfadtion
find Information of my Readers, and it wue ''^is, viz.
The faid A. before his Bankruptcy being a Merchant in London, and in the waj^
of his Trade, at the Time he became a Bankrupt, was indebted to fevi \1 Pcrfoiw
in yirgi/iia,znd other Plantations : And the Queftion was, whethar his Certificate,
when confirmed here, would difcharge him againft fuch Debts, in Caii: he wet\t
into thofe Parts ? . ,.- ■jij.-. 1 /j. ■':.".•'
And the Opinion of the late Lord 7'a/iot, when he was" a CouncH, wds iS
follows : • . '
The Eflx'dls of A. in the Plantations are liable to the Commifnon here, 'and the i,ord 7<^iip,'i
Right to them is vcfted in the Afiignecs; anditfeems rearwiaSle that thIsCertlfi- o inion,
cate iliould be equally extenfive as to his Difcharge : However as the Laws oTEng'r J^,'".," ^'J""',.
lund, made fince Virginia and the other Plantations were fettkdi do not extenif to tat'ijn Dobts.
them unlefs they are cxprcfly named, and as the Laws relating to Certificates do no^t
exprclly extend to the Plantations, I am of Opinion, that a Certificate confirjiie^
here will be no Difcharge to A. if a Suit is commenced againft him itj nt^i/tia, or
the other Plantations. , •• '.
C.7aIhot, Dec. z^ifZ'^.
And there was alfo the Opinion of another great Man to this Pnrpofe.
I -. ' of Opinion, that the Aft of Parliament will not extend to any of the' Plan-
tations, unlels they had been particularly mentioned, they being governed 1^ ^txr r.ion. " ^ '
ticular Laws and Conftitutions of their own making.
In the Year 1732, a Commiflion of Bankruptcy ifiiicd againft Richar^ '^ackfbn.
Tea Merchant, and an Aflignment was made of his Eftatc to fl-'omas Wright aiK^
^ama Hiuy, in Truft for his Creditors.
Upon
I \
^ P
500
Bz Ptrte
Wy4», be-
fore I^ld
H*riv>itkl,
Jo 1744-
...'l^
I
t>:;
«'»■> '
0/
BANKRUPTCY.
Upon his Examination he made a Difcovery of his Eftatc and F'Tl-ifls, and four
Parts in five of his Creditors ligncd his Certificate; but the Cominiflioners did not
think proper to fign it.
Afterwards he ict up the Trade of a Diftiller, and in Confcqiienceof futh Tra-
ding, he became indebted to I'cveial Pcrfons, and particularly to one Thomas Sorrel
in I go/, and upwards.
On the 31ft of June 17391 Scrrel fued out another Commiflion of B nkniptoy
againft him, and he fubmitted to fuch fecond Commiflion, and obtained his Certi'
ficate, which was allowed by the Lord Chancellor on the jthof y//w, 1740.
He then returned to his firft Trade, of a Tea Merchant, and contracted Debts
to the Amount of feveral Hundred Pounds.
In May 1740, If right and Huty, the Aingnces in the firft Commiflion, preferred
a Petition, mthe Names of themfclves and all the reft of the Creditors under the
faid firft Commiffion, in order to fet alide the fecond Commiflion and his Certifi-
cate, which was advertifed in the Gazette to be allowed, unlcfs Caufe was Ihewa
to the contrary.
And pending this Petition, viz/2^ May 1740, a Notice was publiflied in tljc
London Gazette, for a Meeting of the Creditors under the firft Commilfion, wlio
afterwards met thofe under the fecond Commiflion; and thefe latter agreed to give
the former a Sum of Money to withdraw their Petition, which they accepted, and
withdrew their Petition accordingly; and the Bankrupt haying had his Certificate
confirmed, continued his Bufineft as before.
But two of his Creditors under the firft Commiflion, on the 17th of December
1743, preferred a Petition to the Lord Chancellor, fetting forth the Matters before
mentioned, and that Jack/on had not made a fair Difcovery of his Ellate, and had
prevailed on the Afllenees under the firft Commiflion not to attend tlieir Petition,
by Means whereof the faid Bankrupt, to their great Surprize, had obtained his
Certificate.
That they were advifeJ, that the fecond Commiflion was obtained fraudulently,
and that the ifluingof the fame under thofe Circumftances was irregular, and that
the faid Certificate was obtained in order to prevent the Creditors under the firll
ConunifTion from recovering their Debts, though they were afliired the Bankrupt
was then able to pay them.
They therefore prayed that the Commiflion might be fuperceded, and that all
Proceedings under the fame, with the Bankrupt's Certificate, might be fet afide.
But his Lordftiip ordering the Parties to attend, and that the Proceedings under
both Commiflions fhould he produced ; and the Petition coming on before his
Lordftiip, and learnedly argued by the Gentlemen at the Bar on both Sides, his
LordHiip was pleafed for the following Reafons (among others) to difinifs the
Petition:
I ft. Becaufe the Parties had acquiefced in the Allowance of the Certificate under
the fecond Commiffion, from the 5th of jfK«f 1 740, being the Time of j'V/r^/iiw's
obtaining fuch Certificate, to the 17th o( December, 1743, and had never made any
Complaint of the fame.
adly. There had been a Meeting between the Aflignees and feveral of the Credi-
tors, under the firft and fecond Commiffion; and that the Petition, which was in-
tended to be pre(ented to :he Court for ftayine the Bankrupt's Certificate under the
fecond Commiflion, was by the Confentof the Affignees and Creditors under the
firft Commiffion, who were prefent and had publick Notice in the Gazi-tte to meet
the Affignees and Creditors under the fecond, and circular Letters fcnt them for
thatpurpofe; and that they had agreed, that fuch Petition ftiould be vvithdnuvn,
in Confideration of a Sum of Money paid by the Creditors under the fecond Com-
miffion, to the Creditors under the firft Commiffion ; and that this was in the Na-
ture of an Acquiefcence and Confent from the Creditors of the firft Commiflion,
that Jackfon fliould have his Certificate under the fecond Commiflion.
3dly. That it did not appear to him, but that the Petitioners were well acquainted
with the Steps that were taken by the Affignees and Creditors in the firft Com-
miffion, in regard that they had not denied the fame by their Aflidavit, but had only
fwore that they did not know, remember, or believe, that they ever confcnted to
the Withdrawing of the Petition, preferred by the Affignees as ai'orefaid, to fet alidc
tlie
.t
Of BANKRUPTCY.
SOI
c« it. C
the Certificate under the fccond Commiffion} and that if the Aflignecs had done
amil's, the Creditors had a Remedy againiV them.
4thly. That Jackjon had, under the Sandion of the Court, carried on a confi-
derable Trade, and that it would be contrary to the Juftice of a Court of Equity,
to prejudice inno;.ent Pcrfons, who might have been induced to give future Credit,
believing him to be a free Perfon, on having fuch Certificate; and die Confequence-
would be, that all his Dealings from that Time muft be opened and unravelled.
When a Bankrupt has in all things conformed himfclf to the Adls made con-
cerning Biuikruptcy, he ftiall be allowed by the Aflignees 5/. per' Cent, out of the 30^;' 7!
neat Produce of all the Eftate that fhall be recovered in and received, provided the »
faid neat Produce, after fuch Allowance, fhall be fufficient to pay the Creditors ten
Shillings in the Pound, and fo as the faid 5 /. per Cent, fhall not amount in the
whole to above 200/. and in Cafe the neat Produce, after deduding the following
Allowance, fhall be fufficient to pay the Creditors twelve Shillings and Six-pence
in the Pound, the Bankrupt in this Cafe fhall be allowed 7/. los. per Cent, fo as
that fuch Allowance fhall not amount in the whole to above 250/. And in cafe
the neat Produce after the following Allowance is dedudled, fhall be enough to
pay the Creditors fifteen Shillings in the Pound, the Bankrupt fliall be allowed
10/. per Cent, provided it does not amount in the whole to above 300 /. But if the
faid Bankrupt's Eftate is not fufficient to pay the Creditors ten Shillings in the
Pound net, as aforementioned, then, and in fuch Cafe, the Bankrupt fhaU only be
allowed fo much as the Alf gnees and CommifTioners fhall think fit, not exceeding
5 /. per Cent.
And though the Bankrupt fhall have obtained his Certificate, and the fame has
been duly confirmed, u docs not put an End to his Duty of Attendance, as he is
obliged to give it upon every reafonable Notice in Writing delivered to him, or left
at liis ufual Place of Abode, by the Aflignees, thereby requiring him to attend
tliem, in order to make up, adjufl, or fettle any Account or Accounts be -veen fuch
Bankrupt, and any Debtor to, or Creditor of him, or to attend any Court or
Courts of Record, in order to be examined touching the fame, or for fuch other
Bufmefs as the AfTignees fhall judge necefTary, forgetting in the Bankrupt's Eflate
and EfFcdts?, and for which Attendance the Bankrupt fhall be allowed the Sum of
two Shillings and Six-pence per Diem by the AfTignees, to be paid out of the
Eftate ; and in cafe fuch Bankrupt fhall negle<3: or refufe to attend* or on fuch Attend-!
ance fhall refufe to afTift in fuch Difcovery (without good Caufe to be fhewn to the
CommifTioners for fuch his Ncgleft or Refufal, to be by them allowed as fufficient)
fuch Aflignees making due Proof thereof upon Oath, before the faid Commiffio-
ncrs, they the faid Commiflioners are hereby impowered and required, to ifTue a
Warrant direded to fuch Perfon or Perfons as they fhall think proper, for apprc
hending fuch Bankrupt and him committing to the County Jail, there to remain
in clofe Cuilody without Bail or Mainprize, until he fhall duly conform to the Sa-
tisfaftion of the faid CommifTioners, and be by them, or the fpecial Order of the
I .ord Chancellor, or otherwife by due Courfe of Law difcharged ; and the Jailor
IS hereby required to keep fuch Perfon in clofe Cuflody within ;he Walls of the
Pi ifon, until he be duly difcharged as aforefaid.
In cafe any Commiffion of Bankruptcy fhall ifTue againfl any Perfon, who after ditto, S. o.
the 24th of y;.«^ 1732, fhall have been difcharged by Virtue of this A(ft, or fhall
have compounded with his Creditors, or delivered to them his EfTeds, anc been
releafcd by them, or being difcharged by any Aft for Relief of Infblvent Debtors,
then the Body only of fuch Perfon conforming, fliall be free from Arrefl and
(inprifonmentj but the future Eflate of fuch Perfon fhall remain liable to his Cre-
ditors (the Tools of Trade, necefTary Houfehold Goods, and necefTary Wearing
Apparel of fuch Bankrupt, and his Wife, and Children excepted) unlefs the Eftate
of luch Perfon fhall produce clear Fifteen Shillings in the Pound,.
Nothing in this Adl fhall give any Advantage to any Bankrupt, who fhall upon jj^g g ,,_
Marriage of any of his Children have given above the Value of 100/. (unlefs he
Ihdl prove by his Books, or otherwife, upon his Oath or Affirmation before the
Commiflioners, tliat he had remaining other Eftates fufficient to pay every Per-
fon to whom he was indebted their full Debts) or who fhall have loft in one Day
the Value of 5/. or in the whole the Value of 100/. within Twelve Months next
6 M preceding
w
. V, J
■mim
■'%;
t.>k-
; 'I
502
5 Gt>. II.
C. 30. s
14
ditto, S
ditto, S. 41.
■i
w^
Mr
.f''
^'
1'
/ V
1 "
!'-
i
"S
^fi
^'>.^
?^
b
i3£/«. C.7.
S. 2.
Bargain and
jjIc of a Co-
pyhold by
Commiflio-
ners paliii the
tjlatc, and
veils it in the
Affignccs
without Ad-
ini'Mnte.
Cio.Car. 569,
0/ BANKRUPTCY.
ftrecedlng his becoming Bankrapt, at Cards, Dice. Tables, Tennis, Bowls, Bil-
iards, Shovel-board, or Cock-iighting, Horfe-races, Uog-matches, or Foot-
race*, or other Game, or by bearing a yjiaie in the Stakes, or betting; or that
within one Year before he became Bankrupt, (hall have loft 1 00 /. by Contrafts
for Stocks, or Shares of any publick Funds, where fuch Contra(fl was not to be
performed within one Week from the Making, or where the Stock was not ac-
tually transferred.
Upon Certificate under the Hands and Seals of the Commiflioners, that fuch
Commifiion is iflued, and fuch Perfon proved before them to become Bankrupt,
it {hall be lawful for any of the Juftices of any of his Majefty's Courts of King's
Bench, or Common Pleas, or Barons of the Exchequer, &c. and they are re-
quired, upon Application made, to grant their Warrants for apprehending fuch
Perfon, and him to commit to the Common Jail of thr County, where he fhall
be apprehended, there to remain until he be removed tjy Order of the Commif-
fioners j and tlie Jailor to whole Cuftody fuch Perfon (hall be committed, is re-
quired to give Notice to one of the Commiflioners, of fuch Perfon being in his Cuf-
tody ; and the Commiifioners are impowered to feize the Effects of fuch Bankrupt
(the licceflary Wearing- -Apparel of fuch Bankrupt, or of his Wife or Children,
excepted) and his Books of Writings, whi^h (hall be then in the Cuftody of fuch
Bankrupt, or of any other Perfon in Pri(bn.
If any Perfon fo apprehended ftiall within the Time allowed, fubmit to be exa-
mined, and conform as if he had furrendered, fuch Perfon (hall have the Benefit
of this Aft, as if he had voluntarily come in.
Upon Petition of any Perfon, the Lord Chancellor may order fuch Commiffi-
ons, Depoiitions, Proceedings and Certificates to be entered of Record ; and in
cafe of the Death of the Witnefles, proving (iich Bankruptcy, or in cafe the faid
Commi(Iions or other Things ftiall be loft, a Copy of the Record of fuch Commif-
fions or Things figned and attefted as herein is mentioned, may be given in Evi-
dence to prove fuch Commiffions, and Bankruptcy, or other Things ; and all
Certificates, which have been allowed, or to be allowed, and entered of Record,
or a true Copy of every Certificate figned and attefted, as herein is mentioned,
Ihall and may be given in Evidence in any Courts of Record, and without further
Proof taken to be a Bar and Difcharge againft any AAion for any Debt contraftedv
before the ifTuins of fuch Commiflion, unlefs any Creditor of the Perfon that
hath fuch Certificate (hall prove fuch Certificate was fraudulently obtained ; and
the Lord Chancellor (hall appoint a Place near the Inns of Court, where the Mat-
ters aforefaid (hall be entered of Record, where all Perfons fliall be at Liberty to
fearch ; and the Lord Chancellor (hall by Writing appoint a proper Per(bn, who
ihall (by himfelf, or Deputy to be approved by the Lord Chancellor by Writing)
enter oJ Record fuch Commiifions, and other Things, and have the Cuftody of
the Entries thereof; and alfo appoint fuch Fee for his Labour therein, as the Lord
Chancellor (hall thmk reafonable, not exceeding what is ufually paid in like Cafes ;
and the Perlbn fo to be appointed, and his Deputy, (hall continue to enter of
Record all the Matters afore(aid, and to have the Cuftody of the fame, fo long as
they (hall behave themfclves well ; and (hall not be removed but by Order in
Writing, under the Hand of the Lord Chancellor, on good Caufes therein fpeci-
fied.
0/ the Affignment, and Bargain, and Sale of the Bankrupt's Eflute. Of the In-
rolment, and what Jhallpafs thereby, or be fuch an Interejl as the Commiffioners may
ajjign.
TH E Commiflioners may fell by Bargain and Sale, all the Lands, Tenements,
Here iitaments, as well Copy as Freehold, which the Bankrupt had in his
own Right, before he became Bankrupt ; and al(b all fuch Lands, Tenements,
and Hereditaments, as he fliall have purchafcd or obtained by Money, or other
Recompence, jointly with his Wife or Children, to the only Ufe of fuch Offen-
der, and all fuch Ufe, Intereft, Right, or Title as he fliall have in the fame,
which he may depart withal. This muft be by Deed indented and inrollcd ;
and ihe Bargainee may not enter till compofit with the Lord, and Admittance.
The
Of BANKRUPTCV.
503
C. 7. S. ,.
M-'HliamJonet.
4,-1. Sc.
s
The CommiiTioners may likewife afllgn all the Bankrupt's Fees, Annuities, M ^■''■^'
Offices, Goods, Chattels, Wares, Merchan'dizes, and Debts. " ' '
If a Bankrupt after his Bar^kruptcy purchafe any Lands, Tenements or Here
diwments, Free or Copy; Offices, Fees, Goods, or Chattels j or in cafe any of '3^'- ^'- r
them fliall defcend, revert, or by any Means come to any Bankrupt before his %il% a m-
Debts are paid, fuch future Acquifitions are made fubjedl to' the Commifliofi, and '''•
,„ay be affi^ncd. zA>,. ,9+
The Father, on the Marriage of his Son, covenants, during his own Life, to
ay him fifteen Pounds per Ann. the Son becomes a Bankrupt ; and the Aflignce
..les a Bill againft the Father, to have the Benefit of the Agreement, and to com-
pel Payment of the fifteen Pounds per Ann. It was held that the Aflignce is not
entitled to have a Performance of an Agreement made with the Bankrupt. f-^irf'^
A Legacy given to a Bankrupt before his Bankruptcy may be afligned. 2 Ver'n. 4;;.
if a Bankrupt convey to his Children, or other Perfons, any of liis real or per- obtain* d"!^
fonal Eftate, except the fame fliall be purchafed, or conveyed, or transferred to Decree (or
his Children in Confequence of Marriage, or fome valuable Confideration, the ''"<:'' ^'^K^'^y
Commiffion fhall overrule. Btkri'tc,-,
Commifltoners may afllgn all Debts, due, or to be due to the Bankrupt, anJ wa^ rc-
which fliall fully veil the Property in the Aflignee, and he may fuc in his own ^qX^.^'^'^
Name. i "Jm. :.
The Commiflioners by Bargain and Sale, indented and ini jlled in one of the ^- '5 ,S- !•
Courts of Record zt H^c/lmin/ier, may grant any Lands or Hereditaments, of 2ijac.i\:
which the Bankrupt hath an Eftate in Tail, in PoflTeflion, Rcverfion, or Remain- 19- s. 12, 13-
der, except where of the Gift of the Crown, the Revcrfion or Remainder fliall
be in the King, and the Commiflioners may redeem Mortgages upon Lands or
Goods.
A Man devifed his Lands in Mortgage to be fold, and the Surplus to be paid his Abr. Equity
Daughter, who married a Man who foon after became Bankrupt and died ; upon ^^^"- 5+-
ri Bill brought by the Aflignee againft the Wife, to have the Land fold and the
Surplus paid to them, the Court difmifled the Bill.
As to the Sale of Lands in a Bankrupt's own Pofleflion at the Time of his Fail- ^//,„'j Cafe.
*ng, the Cafe of ./^//ctj, in the Chancery, i Jac.I. is a very remarkable one ; and
was as follows: Edwards, a Citizen of Joryi, who had ferved the Office of Sheriff
there, being indebted to Allen, Haberjley, and others, of London, for Wares fold,
became a Bankrupt ; upon which, Allen and Haberjley, and fome other Creditors of
London, by a Petition to the Lord Chancellor, procured a Commiflion of Bank-
ruptcy againft the faid Edwards, to certain Commiflioners therein named ; who
by Deed of Bargain and Sale inrollcd, fold all the Bankrupt's Lands to Allen and
Jliibe'rjley for 400/. the Land being then worth 2400/. but was fold fo cheap by
Reafon of many Incumbrances di it, made long before Ed-wards was a Bank-
rupt, or became indebted to Allen, or any of the Londoners who fued out the
Commiflion.
After this Sale, the Commiflioners, Allen, and the other petitioning Creditors,
upon full Confideration had of the Bankrupt's Eftate, which ftood encumbered
with a Mortgage, Statute, and Leafes, made an Agreement with the Bankrupt
and his Friends to this Effeft, viz. That the Creditors would take ten Shillings
in the Pound for their due Debts, and Smith and fVood were the Bankrupt's Secu-
rities for Payment of the fame ; and it was agreed, that Allen and Haberjley fhould
convey the Bankrupt's Lands to them for their Security, which Agreement was
certified by tlie Commiflioners ; and they did alfo certify, that Allen, after this
Agreement, refufed to comply therewith, and fought the Advantage of Law, to
the great Lofs and Hindrance of the reft of the Creditors, and to the Undoing of
Edicards, his Wife and Children.
In Execution of this Agreement, twelve Pounds ten Shillings was paid to one
of the Creditors, and Books were drawn and ingrofled by one of the Commif-
fioners ready for pcrfefting the AflTurance ; notsvithftanding all which, Allen re-
fufing the Agreement with Haberjley, preferred a Bill againft Edwards and others,
complaining, that the Mortgage, Statute, and Leafes were all fraudulent, and
the Money being paid was kept on foot by Pradice, to prejudice the Craiitors,
and the S:Uc made by the Commiflioners : Whereupon Ed^ivards, Smith, and
I mod.
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504 0/ B A N K R U P T C Y.
h^eoJ, preferred a crofs Bill againft AlUn and Hahtrjley, for the Pcrfonnance of
the Agreement of ten Shillings in the Pound, and to convey the Land to Smith
and Wood according to the Agreement.
At the Hearin V of the Caufe upon Alleti% Bill, the Lord Chancellor finding it
confefTed, that of the Mortgage Money there was but thirty Pounds unpaid, or-
dered^ that Allen, paying the thirty Pound, Thould have the fame conveyed to
him und Haber/Iey & al. and the Statute to be difcharged, which was done ac-
cordingly ; and a Decree made, that Allen and Haberjley, and their Heirs, (hould
enjoy me Lands according to tlie Sale of the Comniiirioners, free from the In-
cumbrances and Charges of the Statute, and the Perfon who had ,•♦ "is left to
the Law j but upon another Motion, his Lordfhip ftayed th.e Liberate, after the
Extent upon that Statute, and fo it rciled.
Allen having gotten the Incumbrances thus cleared by the Court o( Chancery,
fought to hold the Lands for the 400/. only, which were worth 2400/. although
he had covenanted with the Commiflioncrs in the Bargain and Sale, that if the
Lands were fold for more than 400 /. within three Years, they would pay the
Overplus towards the Satisfaftion of the Creditors ; and all the Incumbrances
being (iifchaiged within the three Years, as aforefaid, yet he would hold the
Land for 400/. and pay no more for it. i
In another Term, Allen gets a Commiflion out of the Chancery, to the Sheriffs
of Tork there, to put him in Poffeflion of the Land, upon the firft Decree in
Chancery made for him ; and Allen, with the Under-SherifF, cafl Edwards's Chil-
dren all out of Doors in Frofl and Snow, that they were inforced to fuccour
themfelves in a Mafh Fat, and when fome of the Tenants of the Land would
have taken them in, and relieved them, Allen threatened to turn them out of their
Tenements if they did fo j and did turn one of the Tenants out of his Houfe,
who entertained them but one Night. Alfo Allen took diverfe Cattle and Goods
that were Edwards's Father's, and not vhe Bankrupt's ; and the old Man fuing
for them in the King's-Bench Court, A/len procured an Injundtion out of Chancery,
and ftaid all the Suits as long as the old Man lived, who fhortly died ; and Ed-
wards and his Wife at London, following the Suit to be relieved againfl Allent
died both together of the .'?laguc, leaving leven poor Children behind them.
The Lord Chancellor, being informed of this Extremity by Petition and Af-
fidavit, gave Diredlion that the Bill, which Ed'vards, Smith, and ^W preferred
upon the Agreement often Shillings in the Pou.nd, fhould be revived m Behalf
of the poor Children j and his Lordlhip aifigned fVood their Guardian to profecute,
and Francis Moore he afligned to be of their Counfel in Forma Pauperis.
This Caufe coming to Hearing, and the Agreement appearing confefTed by
Allen's Anfwer, and proved by the Certificate of the Commiflioners, and diverfe
Witneffcs j the covetous and unconfcionable Dealing of Allen likewife appearing
plainly, by the Covenant which they took of Allen, the Lord Chancellor decreed
Allen fhould pay the Overplus of the Value of the Lands above 400/. if they
fhould be fold for more ; and the uncharitable and unchriiliau Ufage of Allen
towards the poor Children of Edwards, being all Infants not able to help them-
felves, confidered, did decree, that Allen and the refl fhould be fatisfied with ten
Shillings in the Pound for their Debts, according to the Agreement certified by
the Commiffioners ; but no Abatement to be made of the 400/. paid for the Land,
nor of the 30/. paid for the Mortgage; and withal, that-<^//m fhould have rca-
fonable Allowance for Cofls of Suit } and for this Purpofe his Lordfhip made a
Reference to Sir John Tindal, a Mafler in Chancery, to cafl up the Eflate of the
Bankrupt and the Debts, and to certify what Overplus he found for the Relief of
the poor Children.
Sir John Tindal often heard the Caufe, and the Allegations of Allen and his
Counfd, and in the End made a Certificate of the Eflate real and perfonal of the
Bankrupt, and of the Debts, and made all Allowances as by the Order was di-
refted, and gave to Allen for Cofls of Suit two hundred Marks, and lo Haberjley a
hundred Marks, and fcventy Pounds to all tlie Creditors that fucd out the Com-
mifTion ; and for the Rcfidue, did propofe it as his Opinion, that Allen fhould
keep the Land, and pay the Overplus of the Value thereof above the 400 /. or
depart with the Land to Smith d? al. who would pay Men and the other Creditors
according
Of BANKRUPTCY.
505
1 ' ' ■ \ ,; -f 'I ■Is
according to the Report, and yield the Overplus to the Children, amounting to
600/. or thereabouts.
On reading the Matter's Report, the Lord Chancellor gave Time to Allen td
make his Elcdlion, whether he would keep the Land and pay the Money, or de-
part with the Lnnd and receive the Monev r And as Allen made no £lc£Uon, but
infiAed upon the Advantage, to have tne Land for 400/. (worth 2400/.) and
would render nothing to the Creditors, nor to the poor Children :
The Lord Chancellor did now decree, that AUen Hiould receive the Money
mentioned in the Report, which was much more than in Equity was any ways
due unto him, and convey the Lands according to the Report ; and for not per-
forming this Decree, Allen was committed to Prifon. Thii Caufe began the i Jac.
and ended 1 1 Jac. I.
It is laid down as a Rule, that where the Owner of Lands, G?f . by his own Adl *'■ 7""h
may not controul a Gift or a Charge j there, if he becomes a Bankrupt, the Gift J^cI'/i'.Vr.
or Charge may not be defeated : fu that if a Man bargain and fell Lands, and be- Auiu,ini
fore Inrolment becomes a Bankrupt } and after the Deed is inrolled j in that Cafe, ""'J'y-
the Land may not be fold by the CommiiTioners of Bankrupts, but the Bargainee
fliall hold the Land difcharged from the Commiffioners. Ami where a Perfon
gives Lands, upon a precedent Condition, to be performed by the Donee, and
after he is a Bankrupt, after which the Condition is performed, this defeats the
Power of the CommiiTion.
Although the Commiflioners in the aforementioned Cafe cannot fell the Land,
where the. Party bcfofP Inrolment becomes a Bankrupt, according to the Rule laid
down by Jones, -yet it is faid, if he makes a Feoffment of Lands, and a Letter of
Attorney, to givp Livery, and then becomes Bankrupt before the Seifin is delivered,
thefe Lands may be fdd by the CommifTioners. The Reafon of the Difference
is, jn the firfl Cafe the Bargainee is in by the Bargain and Sale, by Relation from
il^e Execution thereof, and not by the Inrolment; and the Bankrupt could not
by his own h& defeat this ; but no Eflate in the other Cafe paffeth at all till the
Livery be executed j and then in this laft Cafe, his Letter or Attorney is Revoc-
able, and his becoming a Bankrupt before the Eflate is executed, is quaji a Coun-
termand or Revocation in Law.
In Ejedtment, upon a ipecial Verdidii, the QuefUon was, whether the Vendee
or Bargainee of the CommifHoners upon the Statute of Bankrupts, of Lands by
Deed indented, may by his LefTee maintain an Ejedtment before the Inrolment of
the Deed, although it be inrolled after the Adion brought ? Here it was faid by
the Court, that there is a great Difference between this Cafe and the Cafe of a
Bargain and Sale by the Statute 27 Hen. VIII. Cap. 10. of Ufes; for the Eflate
there paffeth by the ContradW and the Ufe is executed by the Statute : Then
comes the Statute of Inrolments, Cajp. 16. of the fame Year, which enadts. That
no Eftatt Jhallpafi "without Inrolment o^ the Deed indented, and that ivitbinjix Months,
the Words of the Adk being, unlejs it be by Deed indented and inrolled, and there-
fore the Contradi is with the Party that had the Eflate, and the Deed is appointed
to be inrolled within a certain Time.
But here tlie CommifHoners have not any Eftate, only a Power which ought to PtnyiBnm:
be executed by the Means prefcribed by the Statute, with the CircumftanceS ' 7«" 19''.
thereby diredted ; that is, not only by the Deed indented, but inrolled alfb : And '^^'
if they do not purfue the Adl according to their Power, there Ss no Execution or
EfFedl to pafs the EAate ; and it would be very dangerous to make any other Con-
ftrudlion, as no Time is limitc' by the faid Adl for the Inrolment j for if it were
inrolled any Time after feven, or twenty Years, or a longer Time, it fhall relate
as well to the Making of the Deed, as any fhorter Time; and Judgment was
given for the Defendant.
This Cafe being argued by Saunders, as reported in Ventris, he pleaded, that in 1 rnt. 361.
the Cafe of Inrolment of a Bargain and Sale, the Deed itfelf paffeth the Ufe, and
the Statute of Inrolment obflrudls the C Deration of it till Inrolment; but when
that is done, it paffeth by the Deed : That here needs no Relation to avoid the
Mifciiief of mean Affignmcnts from the Bankrupt, becaufe he is reflrained from
the Time of his firfl kSt of Bankruptcy ; and on the other Side, the Mifchiefs
would be very great, il' there fliould be a Relation from the Inrolment, in Re-
6 N gard
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5o6
Of BANKRUPTCY.
Skin, 30.
gard tlie Statute limits no Time for the doing of it, fo that it mny be inrollcd
many Years after; and if this fhould relate to puni(h mefnt Trrf^affes, the Incon-
venience would be great, for fuch Trcfpaffes arc, until the Inroiment, expofed to
the Anions of the Bankrupt.
That generally in Cafes of common I/BW, there is no Relation, as in the Cafu
of Feoffment and l.ivery, but Wronger in Cnfcof a Grant of a Revcrfion, where
the Attornment is hut the Artent of the Tenant ; yet it (hall not relate to theGrant :
It would be hard if Relation fliould be admitted to make a Man liable to a Trcf-
pafsj and it has been much doubted, whether a Bargainee before an adtual Entry
can maintain Ailion of Trcfpafs.
Per Curiam, where Executors fell by Authority given by Will, the Vendee is
in the Per from the Dkifor, but here in the Poll, and by the Statute ; and it mud
be very inconvenient to admit of Relation, becaufc no Time is fixed for the
Inroiment.
The Judges in tliis Cafe afterwards gave their Opinion*, that Sale by Commif-
fioners of Bankrupts, If of Lands, ought to be by ^Deed inrolled, and is void if
otherwife; and that this depends upon the different Penning of the Statute from
that of Inroiment ; they likcwifc held, that here fhall be no Relation.
A Sale of intailcd Lands by the Commifltoncrs fliall be good again!!: the Bank-
rupt and his IflTue, and bar Pcrfons in Refnainder or Reveriion, as much as if him-
felf had fuftcred a common Recovery. A Cafe has been put on this Claufb of the
Statute 21 Jac. I. If Lands are fettled on A. and B. his Wife, before Marriage,
for their Lives ; and after their Dcccafes, to the Ufe of the firft Son of their Bodies
lawfully begotten, and to the Heirs Male of fuch firft Son j and for Want of fuch
Iflue, to the Ufe of the Second Son, (Sc. in Tail Male, and fo to the tentfj Son.
A. becomes a Bankrupt before he hath a Son j whether thpCommiffioncrs may
fell thefc Lands, and make a good Eftatc to the Purchafcr f It is held they may j
for though A. is here not Tenant in Tail, but a bare Tenant for Life, the Words
in the Statute being, that the Bargain and Sale fljali be good agahijl aH and every
other Per/on and Perfom wba/forjer, •whom the Bankrupt might cvt off and debar by
common Recovery, or otherwife from any Remainder, Reverfiony Rent, Profit, Title, or
PoJJibility ; it feetns this Bargain and Sale fball be good ; for A. the Father, be-
fore IfTuc, by his bare Feoffment, might dcflroy the contingent Eftate ; as it is in
Arcber'% Cafe, i Rep. 67. But was the Settlement msoe fo, as tofupport the
contingent Remainder (as is ufually done) fo that the Father could by ijo Means
debar it by any h.&. he could do, then it would make a greater Coition ; and yet
if the Commiflioners could not fell in fuch Cafe, as Settlements arc generally made
now, the Aft in this Point might be calily eluded : However, this is to be undcr-
Ctciimg S2. flood of voluntary Settlements.
In Confideration of Marriage, a Man makes a Conveyailce to the Ufe 6f him-
fclf and his Wife j afterwards he becomes a Bankrupt, on which a Commif-
ijon is taken out, i^nd the Lands are fold by the Commiflioners ; the Sale has
been adjudged good. It is obferved in this Cafe, that within half a Ycir after
the Settlement, the Party became Bankrupt ; fo as there feems to be a Fraud in
the Conveyance j but it is not exprcfled ip the Pleading as it might have been ;
and this is not in Difjpute upon a fpccial Verdift, but comes in Queflion on a
Point of Pleading, which is to be taken Urongly -^ainft him that pleads it; and
he does not exprefs any valuable Confider^bn, as he might have done ; as Con-
fideration of a Portion, or Performance of Articles made on Marriage, or that the
Wife had joined in C;lling fome Part of the Land.
^ A Settlement was made by a Hufband, for the Jointure of his Wife, recitin'j-,
that the Wife had joined with the Hufband tc "' Part of her former Jointure, in
which he andifhe were Tenants for Life, tlie h iainder in Tail to the firll and
tenth Son, Remainder to his Heirs : I3y Huh '. J. at a Triiil at Bar, this is not
fraudulent, thougli he alone, having no Iflut, might bar this continirent Re-
maindcr. . - .
And a Man may fettle Lands on his Son, before he fee a bankrupt ; and if it
be not by Fraud ai}4 to deceive Creditors, it fliall be good (and the Fraud mail be
foiMid hi^ the )ury,) The Statute faith, "The Sale of the CMimiJJionets jl?all be good
^ainjifuch Offenders, and he is no Offender till he is a Bankrupt. -
If
Stih'i Rep,
z8g.
Tuchr and
CUJb,
Sett a S.7/.
3 Kti. 82.
7«»« 438,
Of BANKRUPTCY.
507
If a Man purchafcs Lands after the Time of hit Trading, and his being in Debt,
and doth purchafc it in the Name of his Wife or Children fraudulently ; this will
be liable to Sale by the Commiflioncrs : Though it is otherwife, if it be purchalcd
before he comes to be a Merchant. AUci any Sale of Lands or Goods by a Bank-
rupt before he becomes in Debt, or before his Trading, is without Queflion ^j^^^,^ ^
good t andfo arc all the Afts he doth, before he comes to appear to be aBank- 34.
rupt.
In Cafe a Bankrupt hath Lands in Right of his Wife, it may be fold during the c,,„ .r,,.
Coverture j and if llie be a Ven.i Sole Merchant in LonJon, (he becoming Bankrupt, 164. Un^tun
the whole fliall be fold; and it (hall be accounted the Hu(band's Follv to fu(fcr "^^^^^J.^'-^-
her to trade, and her Trading (liall be looked upon as his ; fo that (he and her ', cn. ok.
Eftatc in Trade (hall be a(Te(ited by his Bankruptcy. But the Dower of a Bank-
rupt's Wife (hall never be fold, unlefs (he marries on<r that is a Bankrupt.
It is clearlv held, that if two Perfons are jointly I'eized of Lando, nnd one be- , y,,, i.
comes a Bankrupt, his Moiety may be fold by the Commiflioncrs j even though
he be dead, and Survivor(hip (hall not take Place.
And where two Women are joint Ten? its of a Leafe for Years, and one takes a GnMKi, 89,
Hufband, who becomes a Bankrupt ; the Commiflioncrs may fell the Intcreft of a 9<=-
Moiety : And yet this has been queflioned } for Chattels real arc given to the
Hu(band, if he furvive ; but if he die before the Wife, (lie fliall have them. If
two joint Tenants are di(reifcd, it is likewife a Que(tion, whether the Commif-
fioners (hall fell on the Bankruptcy of one of them ; for before Entry he could
not grant his Moiety, though he might relcafe it.
As to Lands defcendcd or devijid to the Bankrupt after his Bankruptcy, the Com- sim i+r-
mifiioners may fell the fame j as they may all Offices of Inheritance, fuch as War-
den of the Fleet, Keeper of a Fore(t, &c. but no judicial 0(fice, or Office of Truft,
which is annexed to the Perfon, and may not be executed by a Deputy ; for if
fuch Oflicer abfents, he forfeits his 0(fice, and then the King grants it over.
As for Lands mortgaged, or Edates on Condition, by 21 Jac. I. Chap. 19. \? BUUngkurft
a Merchant makes a Feo(Fmcnt on Condition, that upon paying a certain Sum Af " "■
may re-enter, and then becomes a Bankrupt, the Commiflioncrs may tender the
Money at the Day, and make Sale of the Land. But where Lanas are mort-
gaged to a Bankrupt, as of a Feo(fment in Fee, in Confideration of a Sum of Mo-
ney, be made to him and his Heirs, provided that if the Feoffor do not pay fuch
a Sum on fuch a Day, then the Feoffor is to make it an E(bkte abfolute -, the
Feoffee becomes a Bankrupt, and the Monev is not paid on the Day ; the Com-
miflTioners cannot by this A^ force the Feofror to make an abfolute Fee, though
Chancery will compel him.
By the Statute, the Commiflioners arc enabled to perform the Condition, &c. ' Ci'"- Cafe,
of a Mortgage ; but if the Mortgage is forfeited, it has been formerly a ^/ere ~'^'y„„ „j,
whether the Commiffioners might difpofe of the Equity of Redemption ; but Ser-
jeant Newdigate faid it had been ruled in Chancery, that Commiflioncrs may af-
fign an Equity of Redemption.
Where the Equity of Redemption of Lands mortgaged was conveyed over to a
third Perfon by a Bankrupt, after his Bankruptcy, though before the A(rignment
of his Eftate by the Cqmmiffioners ; Lord ChanceHor Talhot held that nothing
paffed by this Conveyance j for Creditors after Bankruptcy are in Nature of
Purchafers, and have a prior Equity to any other Perfons;
And the Statutes concerning Bankruptcy are founded on fuppofed Frauds of the railm'i Car.
Bankrupts ; and confoquently mtended to put them under Difaoilities to prejudice **• ''^•
their Creditors ; fo his Lordfhtp decreed, that the Mortgagee (hould recoavey to
the Plaintiff the Aflignee upon Payment of Principal and Intcreft.
In general no Perfon fhdl be allowed to come into Eqtutv for a Redemption, BamarJi,^.
but he that has the legal EAate of the Mortgager ; anc "Tlerc there are proper Rep. 30. :,:.
Perfons as Aflignees to get in the Eftatc of a Bankrupt, a Court of Equity will ''"■''*• '^+^'
not fuffer the Creditors to bring in i Bill in order to redeem or recover that Eftate,
unlefs the Affignees under a Commiflion make Default or collude \nth a Debtor,
when a Creditor may bring his Bill, in order to take Care of the ^iftatt, and
charge the Aflignees with fuch Collufion.
If
; •■!V>v-;''i»|
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508
C. ij. S. II
I /.<//. Abr.
195.
Crt. Car, 1 49
if«^;<7 a Hal-
J'J-
I 7m« 202.
Cro.Car. 166,
176.
£/yi« a
flnvtr and
Blacltwfll.
See the Cafe
of A/oii a
Morris aod
Clajln,
I ^»r. 193.
I A/«i/. 9 J.
/"ii//// a
Ibomlfin.
3 £/v. 69.
191.
Of BANKRUPTCY.
If a Bankrupt (before his Bankruptcy) fells his Goods to otiier Perfuns, unj
yet keeps and difpofcs of the fame as if they were his own, fuch Goods (hall he
fold by the CommiHloners ; and accordingly it hath been always fo adjudpcd :
And if a Man, with an Intent to fupport the Credit of a Bankrupt, iliti'crs liim
to have his Goods in his Cuibxly, and to difpofc of them, the Property of thcte
Goods (hall be accounted to be in the Bankrupt, and not in the true Owner ^
for the Owner (liull lofe his Right, as a Puni(hment for his falfe Dealing herein,
and of the Mifchicfs that may grow by fuch Devices to evade the Laws ( and the
Law cannot take Notice of I'uch private Things done between the Parties, but
will judge of them as they appear to be.
If one becomes a Bankrupt after an Extent and before the Liberatt, and the
CommKrioncrs fell the Goods to the Creditors : it has been adjudged they cannot
be fold. Though the Words of the Statute are. That the CommiffioHerj have
Power to fell the Goods, which were hit at the Time that he became a Bankrupt \
notwithilanding he becomes Bankrupt before the Liberate \ and although the
Property remains in the Conufir until the Delivery by that Writ \ yet the Extent
has bound the Goods fo, that when the Liberate comes it defeats this, and di-
' vefts the Property of the Goods out of the Conufir^ as to any mean Adt or In-
cumbrance, from the Time of the Extent.
In this Cafe all the Court rcfolved, and feverally delivered their Opinions, that
thofc Goods extended before the Party became a Bankrupt, and delivered by the
Liberate after he was a Bankrupt, could not be fold by the Commiflioners j becaufe
they being extended, are quaji in Cujhdia Legis, fo as the Conufors have not any
Power to give, fell, or difpofe of them i and they are as Goods gaged or diftraincd,
which cannot be forfeited by Outlawry, or taken in Execution, from the Perfon
that has them in Gage, or by Way of DiArefs, without Payment of the Money,
for the Goods are bound by the Teft of the Writ of Extent or Execution fued.
They alfo held, when the Writ of Liberate is fued out, it has Relation to the
Writ of Extent, and they are as but one Extent i and the Goods are lb bound by
the Extent and Appraifement, that the Conu/ir hath no more Property in them
hvA fecundum quid, that is, if the Com/fee tefatc to accept them; ibr it is a con-
ditional Writ to deliver the Goods to the Conujee, if he will accept thereof, and
when ^ : .ccepts them, they are hound ab initio. And they all conceived, that
the Statute being with an Exception, when Execution or an Extent is ferved or
executed ; that this is to be accounted the Execution of an Extent, when the
Goods are appraifcd, and the Writ returned; but fu long at they remain in the Hands
of the Coniijor, they may be fuld t but when they are delivered by the Liberate,
and the Extent is returned ferved, the Goods are not fubjedt to any other Execu-
tion, nor the Power of the Commiflioners, to meddle with them.
An Execution was fued by a Perfon, the Money levied, and in the Sheriff's
Hands, and the Man became a Bankrupt : By the Court ; the Money recovered
in the Hands of the Sheriff is not aflignable by the Commiffioners to the Creditors,
for it is in Cujiodia Legis.
But it is neverthelcfs held, that the Aflignees of the Commitricners may bring a
fcirej'acias againll the Defendant, in cafe the Money lie in his Hands, in order to
try the Bankruptcy, and fo gain the Money recovered by the Bankrupt.
One Thompjon had a Judgment againft Watkins for 6oO /. and the 1 9th of "June
fued out z fieri faciat thereupon, which the 30th oijune was delivered to the
Sheriff in the Morning, and tVatkins having Notice thereof, in tlic Night of the
fame Day departed from his Houle, and thereby become a Bankrupt ; the 1 A of
OSober the Sneriff levied 400 /. of the Goads oi Watkins, and paid it to Thompjon,
and the Commiffioners afOgned it in the Hands oSThompfon to the Plaintiff, as the
Goods of Watkins in his Hands, for which an Adlion of the Cafe was brought,
and a fpecial VerdiA of it found ; and being learnedly argued on both Sides, a
Judgment was finally given for the Defendant.
In an Adion of I'rdpai's brought by the Affignees of Commiffioners of Bank-
ruptcy, for taking of their Goods ; on Not guilty pleaded, the Jury found a fpe-
cial Verdidt, the Subflancc of which was as follows, viz. One Toplady a Vint-
ner, on the 28th of y^^r/V became a Bankrupt, againft whom a Judgment was
formerly obtained i the Judgment Creditor fued out a ^r/yiii/V;/, and the Sheriffs
of
9 .the Creditors,
Of BANKRUPTCY.
509
of London by Virtue thereof, on the 29th of April feized the Goods of tne faiJ
Tophiifyi and after the Seizure, but before any yenditioni exponat came, an Ex-
tent, which is a prerogative Writ, ilVucd out of the Exchequer, stKaind two Peffons
who were indebted to the King, and by Inquifition, this -toplady was found to be
in Debt to tlicm, whereupon Part of the Goods mcntioneain the Plantiff's De-
claration, wcie leized by the Sheriff, and fold, and the Moncv paid, Gfc'. but be-
fore tlic faid Sale, or any Execution of the Exchequer Procels, a Comniiflion of
Bankruptcy was liad againll Toplady, and the Comminioners afligned the Goods
to the P!aintifF.
The Qiicftion here was, whether this Extent did not come too late ? Or, whether
^z fieri facias was well executed, fo that the AiTignees of the Bankrupt's Eltatc
could not have a Title to thofc Goods, which were taken before in Execution, and
fo in Cuftody of the Law ? The Court adjudged. That the Extent, though a prcro-
gative Writ, and likewile the AlFignraent by the Commitrioncrs of Bankrupt, came uJ.'lZ'gml
too late, becaufe the Execution being well executed, the Goods were made liable A'hI.
to the Judgment Creditor. J ^'"'- '3^-
A Perfon that is a Bankrupt, becomes Felo de fe; it has been a Qucftion, whether
the Commiflioners may aflign the Goods to be ibid for the Creditors, or if the King
fhall have them? And it was refolved for the Creditors: For though it is ad-
judged in Lady Hale\ Cafe, in Plmvden, that when two Titles come together,
viz. the King's and that of a Subject, the King's Title (hall be preferred; yet the
King by the Ads of Parliament has given away his Title to the Creditors: And
ncverthelefs this may admit of a Difpute, the Judges never conllruing a Statute to
give away the King's Right, but wherein he is mentioned. In a Qucftion whether <:„;/■. j,nt$
the Creditors by a Commiflion (hall have the Goods of a Perfon outlawed ? It is Rer-,«o3-.
conceived the King (hall have them by Outlawry, Gff. where he has a Title at *"'' " "^ ' '
common Law.
In the Chancery, it has been decreed, that Money overpaid on an ufurious Con-
trad, as where a Sum is lent to a Perfon in nccefHtous Circumftanccs, at (ix or eight
per Cent, who afterwards becomes a Bankrupt, (hall be accounted for and refunded,
notwithAanding the Agreement of the oppreiFed Party to allow fuch Payment, and
the Securities therefore to be delivered up. But in the Cafe of Money loft at Gam-
ing and paid, this Court will refufe Relief, where it cannot be recovered at Law;
for there the Plaintiff in Equity is particeps Criminis.
■1
I
moti
'i
1
t,
'u
. 1 '■
}''
Bc/ait^uft a
Taltii't Cafe.
38.41.
Of uncertain and contingent Ejlates, and which do or do not center in the Bankrupt.
THESE are feveral, which I (hall mention in Order, beginning with the
Bankrupt's Wife; and, (irft, concerning her Dower.
Dower is a Portion which a Widow hath of the Lands or Houfes of her Huf-
band after his Dcceafe; and by the common Law it is a third Part of the Lands
which the Hufband died feifed of, either in Fee Simple or Fee Tail, which (he is
to enjoy during Life.
By the Cuftom of Kent called Gavelkind, the Widow is intitled to the half Part
of the Hufband's EfVate, either in Fee Simple or Fee Tail, quamdiu remanet Sola &
Cafia, fo long as (lie remains (ingle and continent; but if flie marries, or is guilty
of Incontinency, then (he forfeits fuch Eftate.
Lord Coke fays, that all Kinds of Dower were inftituted for the Wife's Subfift-
ance during her Life; which Right of Dower is not only a legal but a moral Right, " L"*'^'},''" ,
as it was held by Sir John Jrevor, Mafter of th: Rolls, in the Cafe of Lady and l^^"^
Lord Dudley. Sir 7./ y^.
Secondly, the Relation of Hufband and Wife, as it is the neareft, fo it is the ^eat)!ndk<-
carlicft ; and therefore the ff^ife is the proper ObjeSl of the Care and Kindnefs of her folution.
Husband. The Husband is hound, by the Law of God and Man, to pro/vide for her
during his Life ; and after his Death the moral Obligation is not at an End, but he
cugtt to take care of her Provifion during her own Life. This is the more reafon-
able, as during the Coverture, the Wife can acquire no Property of her own. If
before the Marriage (he had a real Eftatej this by the Coverture ceafes to be hers,
ami the Right thereto, whilft (lie is married, vefts in the Hufband; her perfonsJ
Kilatc becomes his abfolutely, or at leaft is fubjed to his Controul; fo that unlefs (he
6 O hat
lo
J0^l
Ijr.^.i ■■;?*'•-;;
Inn. iy,h.
I I t
Of BANKRUPTCY.
lie iii.iv. liy
liis.i rc.il rn;)ti- of her own, wliiih U thcC.ifc luit <if t'cw, ili
inaih,
he dcllitute oKtlie NecefTaritM of I.ifo, unlefi prnviiletl for out ol hit F''.(>.iic by «
Jointure or Power. A« to tlic Hiilh.intl's pi-rfon.*! K(l;Uc, nnlcfi rcl>r.unci| hy (p^.
ciiil Ciilhim, which very rnrely takes pl.icc, he may give it all awiy from her ; fi
that bit rfiil F./faff, if ie I'd J tiny, is tbf only I' Link fly fiin hy MJ of to f>mvtif tiT
Jinkifi^ undfr her nifirfj). Thin is the Wife f;iiii to have it moral Riyht to her
Dower.
The f Iiilbaiui, on the contrary, has no Right to a Tenancy hy the Coiirte(\', but
from pofitivc InfHtutionH or F'rovifionof the Laws: llisKi^;ht dues not ari ft- fronj
tlicKilationof llutirinil aiui Wife, tor then every Unduml woulil have it, which
is not li){ nor dofh he want it, if it lie not his own fault, or at Icaft his Misfor-
tune. Durino; the Coverture, he is Mailer not only of his own but of his Wife's
K(latc» anil by his Induftry and provi<lent fare, may ncipiirc I'ropcrty fiitri(ient,
withoutany I'art of her I'lllafe, to maintain hinilcif after bcr!V:iih: fo that the
JIulband's Tenancy hy the Cowtefy hath no moral I'ouiulation, ami h therefore
properly ftiied Tenancy by the Vourtefy ot' Eng/anti, that is, an Klhite by Favour
of the Law of InglanJ.
Dirxfr alfo is a legal Right created by Law, which fettles the (^ality of the
Ellateout of which the Wife's iJavrcr arifes, .ind likewifc afcertnins tTu- i^umtum
thereof. Ihecomtnon Law fays, the third I'art if nilio>MJ>i/ij Dtr, and a fpecial
CuHoin, which is /fv loci, enlarges or abridgCK the common f ,aw <if n(nvcr, and
gives the Whole, Half, or Icfs than a Third.
The (ommon Law likewifc ufcertains Dower, with rcfpcft to the Nature and
(iiiality of the Hufband's Hlhilc.
It lays, the Wife's Dower mu(t come outof fuchan Inflate as would defccnd to
the Iflue of the 1 hilhand by that Wife; and gives Dower of the IluHiand's i'l/////,
though not aftual, or «duccd into I'ofTeflion ; it annexes Privileges to Dower
as not to be liable to Diilrefs for the liufband's Debts to the King, much lefs for
flny due to the Subjedt; with fcvcral other Privileges. Again, the Law fixes the
Age when a Woman is dowable; and, by the Way, fixes it at fuch a Time, as, by
the Courfe of Nature (at Icaft in this Part of the World) it feems impoflible flic
Jhould have Ifliie, or be pregnant, riz at nine Years old. Hut it is not fo favour-
able to aTcnancy by theCourttfy, which It allows only in the Cafe a At//); in Deed;
it annexed no Privileges thereto. And though the Ilufhand may be Tenant by the
Courtefy of a common Sans Number, of which the Wife is not dowable,yct that is
bccaufc of its Indivifibility; in which Cafe, if Dovvcr was allowed, it would be
injurious to other Perfons, and the Lands be doubly charged. Thus the Law,
where it can julHy do it, prefers the Title of Dower to that of Courtefy.
Dower is aifo an equitable Right, and fuch a one as is a Foundation for Relief in
a Court of Lquity. It arifes from a Contract made upon a valuable Confuler.ition,
Marriajre being in its Nature a civil, and in its Celebration a facred Contradl; and
the Obligation is a Confidcration moving from each of the contrading Parties to
tlic other j from tliis Obligation arifes an I'-quity to the Witt; in fcvcral Calls, with-
out .'.ny previous Agreement, as to make ^;<kx1 a dcfedive Fxecutionof a Power,
a ck feCtivc Conveyance, or fupply the Defedt of a Surrender of a Copyhold Lllnte ;
in all which the Court relieves the Wife, and makes a I'rovifion for her, where
it is not unrealbnabic, or injurioiis with refpe<!t to others. Indeed in the Cafe of tiie
Jfuiband, Marriage, as it is a legal Confidcration, fb it is an equitable one; but
then it is not carried lo far in his I'avour as in hers, and in th(- Cafes beforemen-
tioned, the Court would not fupply a dcfedtive Title for the Hufliand, at Icart it
has not l^ccn done.
This was a Hill brought by a Widow, to be endowed of an Equityof Redemption,
though the Mort2;age was made in I'ee before the Marri.ige, ujvm her payini; a
Third of the Mortgage Money, or keeping down a Third of the Litcrelt. ' And
his Honour the y^/i/Z/^-rc/z/if Wo/A, after citing (everal Authorities, Jcc/areJ, that
the Plaintifi", Wing the Widow of the Perfon entitled to tlie Equity of Redemption,
of this Mortgage inQudlion (which was a Mortgage in Fee) hath a Kiglit of Re-
demption ; anil accordingly decreed her the Arrears of her Dower from tJic Death
of her Huiliantl, Ihe allowing the Intereft of the Third of the Mortgage Money,
ui'.fatisfied at that Time, and her Dower to be fct out if the Paities differed.
A
Of B A N K R U P T C Y.
511
A Wmnan ii not tiiiitliil to Dower where tlie Hiillmnil ptirthalis :iii I'lrtatc '^»''«» •>»
witJj -.1 Triillci-i hut il tlu' 'riulkc die in the Lilc-Timc of the Hulh.mcl, the ^^',',j"'/vi/
JoiiU-ten.iHi y hetwecii the I lulh.iiul atul the 'I'rullic will I'urvivc to the Hulhiin>l, \\i. Ai-
uiul ihiii tlie Wile will he entitleii to Dower. uV'/''"'*
'1 l»e Dcicii laiit lor 4400/. piirehaliil ot' the I.onl Imlmyn the Rcvrrfrorj after c;i; -,'11'
thi-' Death of the I.oril h'lincui, ot Lumli of nt.ir loooA />/t yfn'i. ami tir Pro- ' ''"»'<<!.
ttxlioii of the ICllate, aiul to prevent the I'l.iinfirt's Dower, tltc Dcf'crul.int upon his i'Jl|,'^,'/,^jl*
I'liiLhale took an Alligmnent of a 'I'trin for Vear«t, which was veftcil in Tniftics
t iKcmv l!>c Payment of certain Annuitic, and aftcrwardN in Trull to attend rhu
Inheritance, und hkewiie tiK)k an Airij;innfnt of an ancient Statute tliat had liccn
kept on Itujt lor tlie I'rotedlion of the ICIhte.
Tile IMainiitf had recovered Dower at Law, hut was prwcnted from taking
out Execution hy Kealim of the 'I'crni and Statut'-.
To he rehevi.il ugainfc whiih, and to he let into the PortclUon of her Tliirds',
was the Knd of the I'laintitfii lid!.
The Defenda'it infilled he was a Puri hal'er, ailil that he ought to have the Ue- C.'r«i Ii. I'jtl.
nefit of thi^i Terin for the Protedion of \m Purclial'e. "'•
Uut the Plaintiff N liill was difinilVed, and upon an Appeal to the Hoiife of
Lords, the Decree of Diliiiiliion was allirined.
The Wife of a llankrupt, of a Per(()n no;t comMs HU-iitis, or of an outlawed or
exconunuiiicated IVrlbn, or of a Pcrlbn coniniilling Felony, is not harrcdofher
Dower.
And in Cafe of the Bill for taking away the Kllatcs of the South Siii I>irc<5tors
in the "\ear 1720, all the Wives of the Ilulband:; were entitled to their Dower,
and receiveil Satisfatlion for the fame.
but the Wife of a Perfon guilty of Iligh-Trcafon, or of on alien JfU', is not
dowahle i and if the Wile hcrfelf commits I ligh-Treafon, or Felony, oriffhe
tlope from her llulhand, and lives with the Adulterer willingly, without being
reconciled to her llulhand, llie rtiall lofe and forfeit her Dower ; but if the
llufljand be reconciled and Ihc live wi'^ him again, llie Ihall be endowed.
If a Wife levies a fine with herllu and, and they join in the Sale of an Eftatc
to a Purehafer, flic is barred of her Dower.
By the Statute of 27 //«■«. Vlll. Cap. ■ c. Sedt. 6. it is enadcd, that where Pcr-
fons have purchafed, or have Eflate made of Lands and Hereditaments, &c. to
them and their Wives, and to the Heirs of the Hulband, or to the Hulband and
to the Wife, and to the Heirs of their two Bodies begotten, or to the Heirs of
one of their Bodies to be begotten, or to the Hulband and to the Wife for Term
of their Lives, or for Term of Life of the Wife, for Jointure of the Wife ; every
Woman having fuch Jointure Ihall not claim any Dower of the Relidue of the
Lands that were her Hulliand's.
And then it provides, that if any fuch Woman fliould be lawfully cvided from s. ;•.
her Jointure, or any Part thereof, fuch Woman (hall he endowed of as much
of the Relidue of her Hulband's Tenements, as the Lands fo evidted Ihall amount
unto.
Provided alio, that if any Wife fliall have Lands, alTured after Marriage in S. 9.
Jointure, except the Afl'urance be made by Adt of Parliament, the may at her
Liberty after the Death of her Hulband, rcfufe the Lands, to her alilircd in
Jointure, and demand her Dower according to the common Law.
■1 ■'■..Si'Wi
i^i.*-"^^
,m;,3
■;.:,!•
Pll
mm
Wife's Title to her Free-Bench.
T7 R E E-Bettch, is that Eftatc in Copyhold Lands which the Wife hath on the
" Death of her Hulband for her Dower, according to the Cuftom of the
Manor ; and in fevcral Manors there are various Cuftoms with refpcdl to inch
I'^ftatc ; and in fome Places the Wife hath the Whole of the Lands, in others
the Half, and in others the Third : and I fliall cite the following Cafe.
Thi /as an Adlion of Trefnafs, and upon a fpecial Vcrdidl it was found, that
the hu. 1 was Copyhold of Inheritance ol the Manor of Cheltenham in Gloucejier-
Jlire, vtirtcof uirthur Bleeie, late Hulband of the Defendant, was feifcd in
Tec.
8 And
HIr.i-.
//./ 1 5 Car.
I ? ( fcr. RalK
ICC.
3 Crj. 56».
m^'
14 -.«;'■
m^
>t
■>?■
512 0/ B A N K R U P T C Y.
And in this Manor there was a Cuftom, that if a Copyholder, feifed in Fee of
a Copyhold Tenement, died, leaving u Wife at the Time of his Death furviving
him, that (he Hiould hold the laid Copyhold Land during her Life, and for twelvu
Years after.
And by Virtue of the Stut. 1 3 Eliz. he was found Bankrupt ; and by Indenture
dated the ^i\\oi April 10 Car. and inrolled within the fix Months, they fold the
Copyhold Lands to the Plaintiff Alexander Parker and to IVilliam Hotherne and
their Heirs, for 6co/. paid for the \ik of the Bankrupt's Creditors.
And the Jury by Virtue of a private Ai*l: of Parliament made i Car. found, that
by the Cuftom of that Manor, the Wife of the Copyholder fhould have Dower,
and may have a Jointure afligned for her Life ; and that a Copyholder of Inheri-
tance may grant for his Life and twelve Years after.
And that all Women then living, and late the Wives of any of the Copyhold-
ers of the faid Manor, dying Tenants, (hould and .nay enjoy the cuftoniary I-ands
of their no%/ or late Hufbands, and be Tenants (or their Lives and twelve Years
after, as if that Adt had never been made.
And that all the Cuftoms and Ufages heretofore ufcd and allowed within the
faid Manor concerning the enjoying any cuftomary Lands, Gfr. by any Widow of
any cuftomary Tenant, or any after-taken Hufband of fuch Widow or the Heir
or Heirs of fuch Wife, hereafter taking Hulband, or concerning the Dcfccnd-
ing of any fuch Lands to any other Perfon or in any other Form than is before ex-
prcffed, fhall be void ; and that all other lawful UHiges and Cuftoms, heretofore
ufed within the l:.id Manor, which were not repugnant and contrary to the true
Meaning of thut Aft, ftiould be and remain good and effeftual to be ratified by
that Aft.
And the Jury found, that at a Court Baron of the faid Manor, held the i ft of
April 1 2 Car. it was found by the Homage, t..dt Edith furvived her Hufband, and
ought to enjoy the faid Tenements for her Life, and for twelve Years after ; and
that upon a Prefentment the i ft of April, 1 2 Car. and before the AdmifHon of
Alexander Parker and William Sotberne, the faid Edith was admitted Tenant of
the Tenements aforefaid, according to the Cuftom of the Manor, and by Virtue
of fuch Admiflion flie entered.
And this was very well argued at the Bar by Glyn for the Plaintiff, and More-
ton for the Defendant, where two Points were ir.ri.ledon.
I ft. Whether by the Bargain and Sale made by the Commiffioners, by Virtue
of the Statute of Bankrupts, the Eftate of the Copyholder was vefted in the Bar-
gainee before Admittance ; for then the faid Arthur Bleeke did not die Tenant,
and fc it is not within the Cuftom, that his Wife ftiould have Widow's Eftate.
2dly, Admitting he died Tenant, and the Widow had fuch an Eftate vefted in
her, whether the Vendees (by the Bargain and Sale to them before made) Ihall
not afterwards diveft the Eftate of the Feme by Relation, and then the Plaintiff
hath a good Title :
And it was argued that the Bargain and Sal*; binds the Copyholder, and bars his
Eftate ; and that he is no Copyholder after the Bargain and Sale enrolled j and the
Bargainee by the Statute is only barred to take the Profits until Admittance, which
is for the Lord's Benefit, in Rcfpcft to the Fine due to him thereupon. 2dly, It
was held, when the Bargainee is admitted by the Lord, it fliall veft in the Bar-
gainee, and ftiail have Relation to the Bargain and Sale, and ftiall diveft the Eftate
which the Feme claimed by the Cuftom, as in the Cafe of 7 Edw. VI. Brook
Title Inrolments. Where one joint Tenant bargains and fells, and before the In-
rolment the other dies, and afterwards the Deed is inrolled within the fix Month?,
yet the Moiety only paffed. And it is like the Cafe where one bargains and fells
by Indenture, and takes a Wife and dies, and afterwards the Deed is inrolled
within fix Months, the Feme (hall not have her Dower j and fo the Ca(c 22
Eliz. where a Mortgagee dies, his Heir being in Ward to the King, the Con-
dition is afterwards performed, the Ward(hip (hall be divefted. "Jones and Bram-
Jion doubted of the Point, until they fiw the Record finds the Aft to be par-
ticularly, that (he ought to be the Wife of a Tenant, and it is not intended, that,
after the Sale of the Co,"yhold he (liould die Tenant, and he did not die Tenant,
becaufe the Bargain and Sale took his Eftate from him, aid ouftcd him of
3 tJ'c
m- ■
id in Fee of
th furviving
d for tweKv
>y Indenture
:hey fold the
Hotherne and
. found, that
have Dower,
er of Inheri-
le Copyhold-
omary Lands
twelve Years
;d within the
ny Widow of
IV or the Ileir
the Dcfcend-
1 is before ex-
iis, heretofore
ry to the true
be ratified by
leld the ift ui
Hufband, and
:ars after ; and
: Admiffion of
tted Tenant of
and by Virtue
iff, and Morc-
lers, by Virtue
:ed in the Bar-
it die Tenant,
iw's Eftate.
llate vefted in
ire made) Ihall
In the Plaintiff
Ir, and bars his
lolled } sind the
jittance, which
)on. zdly. It
left in the Bar-
Iveft the Eftate
\dw. VI. Brook
before the In-
le fix Months,
[gains and fells
}ccd is inrolled
|o the Cafe 22
ing, the Con-
\nes and Bram-
to be par-
jntended, that,
lot die Tenant,
]uftcd him of
the
Of BANKRUPTCY. 515
the Copyhold. Vvnerefore they agreed Judgment flicjldbe entered for the
Plaintiff.
Having exhibited thefe Cafes concerning the Wife's Dower and free Bench, I
ftall now mention fome concaaingfeparate Settlements before Marriage, and Pro-
vifions of Parents after.
Separate Settlements
, .•■ . ■ J'. ■ ,
AR E frequently made before Marriage ; and the fitted r^ta fccureft Manner
of making them is as follows.
The intended Wife names Truftces of her own, and that Part of her Fortune or
Eftate, which (he thinks fit to fettle for fuch l^parate Ufe, is with the Privity
and Confent of the intended Hufband, and who c ught always to be made a Party
to the Deed, conveyed or aflligned to fuch Tru'iees for her fole and feparate Ufe
and Benefit, and to and for fuch Ufes, Intents and Pnrpofes, as the faid intended
Wife by Deed or Deeds in Writing, or by her laft Will, fhall direft or appoint :
And there is a particular Agreement that fuch feparate Eftate fliall not be fub-
jeft in any Refpetft to the Debts, Controul, or Engagements of the Huftand j but
that the Truftees are to pay and apply fuch feparate Eftate, or the Rents or In-
tcreft thereof, into her own proper Hands, or to permit her, or her Afligns, to
receive the fame for her own feparate Ufe (exclufive of her Huft>and) asfhcftiall
appoint.
And in this Deed the intended Hufband ufually covenants with the Truftees,
that they fliall quietly enjoy fuch feparate Eftate or Money j and he confents to
the Settlement j and he agrees that any Deed or Will that (he may make, accord-
ing to that Deed, fhall nave its full Effedt j and that he will not obftrudl the
Execution of the fame.
Thefe feparate Provifions are alfb frequently made by Deed or Will, by Parents
to their Daughters that are married, as a Provifion for their Support and Main-
tenance, in cafe any Misfortunes or LofTes may happen to their Hufbands ; and
if they arc fecured in this Manner, they are effedtual againft any of the Hufband's
Creditors, or any Incumbrance or Adl of Bankruptcy.
And the Rcafon whv Settlements fhould bt made in this Manner will appear
from the following Cafes. '
A Widow makes a Deed *of Settlement of her Eftate, and marries a fecond
Hufband, who was notprivjr to fuch Settlement; and itappearirig to the Court,
that it was in Confidence of her having fuch an Eftate that the Hufband married
her, the Court fct afidc the Deed as fraudulent.
So where *he intended Wife the Day before her Marriage entered into a Rccog- 2 chm. Rep.
nizancc to her Brother, it was decreed to be delivered up. 79-
So where a Conveyance was made by the Wife before her Marriage to Truftees ^ ,-,,, ,y
in Truft, that they fhould pt, .lit her to receive the Rents and Profits of the Cn^/z/i^ and
Eftate, and aft in every Thing as fhe, whether Sole or Covert, fhould appoint ; '^^^)^;"' "^
the Lady being crazed in her Underftandiug, endeavoured to run away from her u'l'. 'i6S8.
Hufband, and ftirred up her Creditors to fue him ; and the Conveyance appearing
to be without the Hufband's Privity, my Lord Chancellor held it to be in Dero-
gation of the Rights of Marriage ; and decreed the PofTefficn of the Eftate to the
Huft)and, and a Conveyance from the Truftees to the Six Clerks, that it might
be fubjcft to the Order of the Court.
A Woman on Agreement before Marriage with her Hufband, being to have a ,.^^ j.
Power to aft as a Feme Sole ; and the Hufband dying, andflie marrying again, e Jmonl/s ^ni
the fecond Hufband not being privy to the Settlement on the firft Marriage, it was Dtnmngii»i.
decreed, that the fecond Hufband fliould not be bound by the Settlement made
on the former Marriage. A Cafe cited to be decreed.
But when a Widow, before her Marriage with a fecond Hufband, afligned 1 Vtm. 408.
over the greateft Part of her Eftate to Truftees, in Truft for Children by her "1^1,^^^^^
former Hufband ; and though it was infifted, that this was without the Privity Mi.ij. iVsg,
of her Hufband, and done with a Defign to cheat him, yet the Court thought
that a Widow may thus provide for her Children, before flie put herfelf under
the Power of an Iluft)and ; and it being proved that £00/. was thus fettled, and
6 P that
'■M
u
v4| ■■"■■ bIh
.. ■■ ,11' '■ >'>M^^
•> , ■. V. V'l >■ •'
t V.' %*VA
li■V•'^U,■
■^ . '■■< .-/■.': -'
. '■ ■■■'.'■i'.i &>:/':. ;■'
!«••■::.
i CudH. Rep.
1 8. HeivarJ
and Httier.
W
514
7eul/on a
Crout.
I yem. Rep.
tiil. Term,
irol.in Cur.
Cm.
'r. -
' '' \\
Binmii
2 Ptcr mi.
3 1 6. Mid:
■ ''2;, ut the
0/ B A N K R U P T c Y.
thit the Hnfcand had fuppreflfed the Deed, he was decreed to pay the whole
Money, withou*. direding any Account.
lyUliaihDcrBtfoKhmiaB devifed a Legacy of 6oo/. to his Son, payable at twenty-
one, for which he had obtained a Decree, and 637/. reported <hie. before he re-
■ ceived the Money he became a Bankrupt, and the CommifHoners afligned the
Legacy and Benefit of the Decree.
The Bill was brought by the Afllignees to have the Benefit of the Decree, to
which the Defendants, the Executors, demurred, infifting that a Legacy was not
within the Compafs or Provifion of any of the Ads made againft Bankrupts, to
be alTigned to the Creditors.
But the Demurrer was owrruled ; and faJd, that the A<a of Parliament ought
to be taken in the moft beneficial Senfe for the Advantage of the Creditors.
H^ills in Favour of a Bankrupt's H^ife, &c.
/' O Married his Daughter to one Bennett, a Tradefinan in London, who was
• ^« extravagant and in Debt j the Father makes his Will, and devifes the
'. \'-.
Premifes in Queftion (being Lands in Fee) to his Daughter, the Wife oi Bennett,
for her feparate Ufe, excluUve of her Huroand, to hold to her and her Heirs ; and
that her Hufband fhould not be Tenant by the Courtefy, nor have thefe Lands for
his Life in cafe he furvived his Wife, but they fliould, upon the Wife's Death
go to her Hoirs.
Soon after this the Teflator dies, and Bennett becoming a Bankrupt, the Com-
miflioners affign the Lands to the Defendant Duvis, in Trufl for the Creditors ;
and upon Davit' 6 bringing his Ejedment, the Bankrupt's W \it, by her next
Friend, prefers her Bill againft Davis the Alfignee and her , .nflrimd, to compel
them to aflien over this Eftate to her feparate Ufe.
It was objefted on Behalf of the Defendant, that he being a Creditor, and hav-
ing the Law on his Side, it would be hard to take that Benefit from him j acd that
though the Teflator might intend thefe I^nds for the feparate Uft of his Douffh-
ter, yet that this Intention was not executed according to Law, as the Pienufes
were not devifed to Truftecs for the feparate Ufc of the Wife, and accordinjr to
Law the Hufband, during the Coverture, Was entitled to the Wife's Eftate in her
Rifht J and it was farther urged, that the Cafe of a Devife of a Legacy or of a
Term to the Wife for her feparate Ufe might be good, bacaufe thefe remained in
the Executor until AfTent, and Equity wo>xld not compel the Executor to afTent
whereby the Intention of the Teftator .'hou.d be difappointed, but would continue
the Executor a Truflee for the Feme Covert. Whereas in the prcfent Cafe the
Devife being of Lands in Fee to the Wife, who by the Will only had an immediate
Title thereto, the Hufband muft confequcntly be entitled to the Profits in her
Right.
That here was no Trufl, the Tetlator never having intended to truft the Huf-
band, and the Wife could not be a Truftee for herfclf^ befides, the Hufband could
not be a Truflee for the Wife, they both being but one Perfon.
On the other Hand, the PlaintifFs Counfel would have read /<»•»/ Evidence to
prove that the Teflator did not intend thefe Lands fhould be liable to the Hulband's
Debts } but the Court would not oermit fuch Evidence to be read, it beinjr in the
Cafe <rf"a Devife of Land, which by the Statute mufl be all of it in Writing
As to the chief Point, the Maftjr of the Rolls took it to be a clear Cafe, that it
was a Trufl in the Hufband, and that there was no Difference where the Truft
was created by an Adlof the Party, and where by the Adl of Law.
If I fhould devife that my Lands fhoufd be charged with Debts or Legacies mv
Heir taking fuch Lands by Defcent, ./ould be but a Truflce j and no Remed'v for
thefe Debts and Legacies but in Equity : So in the principal Cafe, there being an
apparent Intention that the Wife fhould enioy thefe Lands to her feparate Ufc •
By that Means the Hufband, who would othcrwife be entitled to take the Profits
in his Right during the Covcrtdre, is now declared and made a Truflee for his
Wife; and admitting the Hufband to be a Truflce, tlien the Argument of the
: Trufl
Eflaic ;
lY..
if -v,
i^m
Of BANKRUPTCY.
5^5
••"v^4
Eftate J and that though the Hulband (the Bankropt) might be Tenant hy theCour-
tefjr, yet he ftiould be but a Truftee for the Heirs of the Wife. Alfo when the
Teftator had a Power to dcvife the Premifcs to Truftces, for the feparate Ufe of
the Wife, this Court, in CompHance with his declared Intention, will fapply
t^ Want of them, and make the Hufband Truftee. And the Defendant, the
Affienee, who claiming under the Hufttand can have no better Right than the
Hulband, muft join in a Conveyance, for the feparate Ufe of the Wife, which
was decreed accordingly.
The Defendant's Teftator by his Will devifed 800/. to be paid within fix Months „
after his Death to one Mr. Define, in Truft, that he ftiould lay it out and inveft it L/'. *i ' m,
in a Purchafc for the Benefit of t> ? Wife of/. 5. and to fettle it fo, as after the '689.
Death of the Wife it might come to her Children, and the Intereft in the mean
Time to be paid to fuch Perfon as ought to receive the Profits. /. S. becomes a ''«»A»a»/»r«
Bankrupt, and the Plaintiff, as Afllgnce under the Statute, would have the Intereft ^'^""'£*'
of this Money decreed to him, during the joint Lives of Baron and Feme.
Per Curiam: This not being any Trufi created by the Hvjband, or any thing out
of his EJlate, but given by a Relation of the Wife's, and intended fos her Mamte-
nance, it i? not liable to the Creditors of the Huftiand, and the PlaintiflT hath no
Tiflis thereto as Aflignee of the Commiflion of Bankrupt; and therefore decreed it
ftiould be paid to Define the Truftee, to be laid out in Land, and fettled acrording
to the Will.
The Cafe of Draike and the Mayor of Exeter was cited, where there was a Leafe
for twenty-one Years, with a Covenant for Renewal at the End of the Term;
the Leftee became a Bankrupt ; adjudged, the Aflignee under the Statute ftiould
have no Benefit of that Covenant.
Walter JVatlinger by his Will left to his Niece Elizabeth Tayleur, an Infant,
looo/. payable after the Death of the Teftator's Wife, and at his faid Niece's Age I'muZmi^ '
of twenty-one Years, if flie (hould fb long live.
The Niece married /. S. without the Knowledge or Confent of her Father, /. S. ^ p^^^ ^.^^
being at that Time much in Debt by Judgment and othcrwifc ; and gained the jgj.Cafe'ioa.
young Gentlewoman's Confent by the Influence of a Maid Servant, who he had Afc*. Term.
bribed to his Intereft. The Niece was about eighteen Years of Age. '^'/^"^^ ^{^•
Soon after the Marriage /. S. became a Bankrupt, and the CommiflHoners of Cafes in Ei^.
Bankruptcy afligned over all the Eftate and Effeds of the Bankrupt to the Plain- 54-
tifl^s, in truft for the Creditors, who brought their Bill for this Legacy j the Tefta-
tor's Widow being dead, and the Niece being about twenty-one Years old, and
confequently the Legacy due j and the Bankrupt had two Children by his Wife
then living.
This Caufe coming on before Baron Price, in the Abfenceofthe Lord Chan-
cellor, the Baron, in regard to the Creditors, did decree the Legacy and Intereft to
be paid to the Plaintiffs.
But upon an Appeal from that Decree to the Lord Chancellor, his Lordfhip de-
clared, tnat forafmuch as the Plaintiffs, the Affignees in the Commiflion, claimed^
under the Bankrupt, they ought not to be in a better Cafe than the Bankrupt him-'
felf } and fince, if he had brought a Bill for his L^cy, the Court would not have
allowed it him, without obliging him at the fame 'Time to make fome Provifion for
the Wife and Children; fo, for the fame Reafon, when thefe claiming under the
Bankrupt, and who muft be exadly in the fame Cafe as he himfelf would have
been in, come for Equity, they ought to do Equity, which would be to provide
for the Wife and Children of the Bankrupt, from whom they derived their Claim.
But with regard to the Intereft of the Money, as the Bankrupt commonly was al-
lowed to receive that, fo the Affignees ought to receive the fame during the Bank-
rupt's Life ; alfo if the Bankrupt's Wife ftjould die withotrt Iffue, then the Bank-
rupt would have been allowed to receive the whole Money, and therefore in fuch
Cafe the Affignees ftiould be allowed to receive it alfo.
However his Lordfhip faid, that as a Judge had been of a contrary Opinion, he
would take Time to confider of it.
And on the Caufe's coming on again, the Calc of 'Tt^hr and Wheeler was cited ;
and it was moreover obfervtS to me Court, that the Bankrupt had in this Cafe
gained his Certificate and was difchargcd, and that the Affigmnent made to the
Complainants
.1 "
;:, V
m
\:- *}':i
■■vc ;..'■ ■■ '
'; !
(:v
♦•..■'i;:.
Ir
1
t'^1 J.
5i5 0/ B A N K R U P T C Y.
Complainants being before the Legacy was vefted, if they could not now fupply
the Afllgnment, by making a new one, the Confcquence was that the Legacy
was vcfted in the Bankrupt.
But the Lord Chancellor replied that this not appearing in the Pleadings, he
would take no Notice of it ; neverthelefs at another Day the Faft being made to
appear by a Petition with the Certificate of the Commiflioners, and the Allowance
of the Lord Chancellor Harcourt annexed, the Court faid it was clear, the Com-
miflioners could not aflign this Poflibility of Right which the Bankrupt had to
the Portion, and confequently the Aflignees being Plaintiffs in the Bills, and enti.
tling thcmfelves under this AfTignment, and this Aflignment being void, witli rc-
fpedt to fuch Poffibility *, therefore the Bill muft be difinifled, but without Colts,
becaufe the Plaintiffs were Creditors.
* But the ReaJ'on given above, viz. becaufe the Bankrupt, the Hujband, could not
have come at his ff^i/es Portion -without the Affijiance of a Court of Equity, which
•would not have decreed it to him, but on his making fame Provifionfor his JVife, feems
to have been the befi Foundation for this Decree ; Jince a Poffibility or contingent In-
ter ejl is certainly aj/ignabk by the Commiffioners. Thus in the Cafe o/'Higden verf.
Williamfon, Jirji heard at the Rolls, Mich. 1 73 1 , and afterwards affirmed by Lord
Chancellor Kin^, in Mich. 1732. TheCafe in EffeSt was, an EJiate -was devifed to
be fold, and the Monies arifing from fuch Sale to be divided among Jiich of the Children
of' A. asjhould be living at hss Death: A. had feveral Children, one of whom, viz.
B. became a Bankrupt, and the Commiffioners affigned over his EJiate, after which B.
got his Certificate allowed; and then A. died: Declared that this Share of this Money,
•which on A's Death belonged to B. Jhould be paid to the Commiffioners; for that not
only the latter Statutes relating to Bankruptcy mentioned the Word Poflibility, but alfo
becaufe the \ 3 Eli;;. Cap. 7. SeS. a. empo-wers the Commiffioners to affign all that
the £,:nkrup* might depart with; and bere B. «r the Life-time of h. might have
r chafed this contingent Inter efl. Befides, the 21 Jac. L Cap. 19. enatls, that
the Statutes relating to Bankrupts Jhall be conjirued in the mojibenejicial Manner for
Creditors.
Afterwards in Trinity Term 1718, the Wife of/. S. by her next Friend, hav-
ing brought a Bill, fetting forth her having been feduced into this Marriage, and
the Hufband's Bankruptcy, together with the Certificate for his Difcharge, prayed
that the Money might be put out for her feparate Ufe for her Life, and after-
wards for her Children; to which the Hulband putting in his Anfwer, and declar-
ing himfelf fenfible of his haying injured his Wife, in Manner as above, fubmittcd
to what was defired by the Bill, only he prayed the Arrears of Interefl.
On the other Hand the AfTignees oppofed the Bill, infixing, that the Commiflioners
might flill make a new AfTignment of this, which was now and not before veflcd.
But by Lord Chancellor Parker, the Commiflioners have executed their Power,
and the Debts which the Hufbund, the Bankrupt, owed to the Creditors before the
Bankruptcy, are now extindt by Aft of Parliament; and this Portion is as a new
acquired Eflate by the Hufband in right of his Wife ; wherefore fince the Hufband
agreed to this Prayer of the Wife's Bill (which is but a reafonable Reparation for
the Wrong he has done her) decree the Hufliand the Arrears of Intereft, de-
ducing the Cofls, and let the Legacy be laid out in a Purchafe; and in the mean
Time let the Wife have the Interefl for her feparate \]k, (Sc. by which Means
the whole Legacy waa faved to the Wife, and to her feparate Vk.
Of Marriage Bonds, and Articles before Marriage.
MARRIAGEBONDSare frequently given before the Efpoafals, by Perfons
who are engaged in Trade orBuliners,and where it would be inconvenient to
lay out the Portion in Land, becaufe the Woman's Fortune is fuppofed to be added
to tlic Hufband's, and to be invefled in the Stock in Trade, in order to be there ma-
naged by the Hufband for the mutual Support of thcmfelves and their Children.
And thcfe Bonds mufl: be given to two Truflees, to be named and appointed by
the intended Wife, or one oi them by her, and the other by the Man, and accord-
ing to the Portion or Fortune, which the Woman brings her Hufliand, the Huf-
band binds his Heirs, Executors and Adminiftrators, within a certain Time after
I his
IV.
Of BANKRUPTCY.
517
his Deceafe, to pay to the Truftees, or the Survivor of them, or the Executors or
Adminiftrators of fuch Survivor, the Sum agreed upon between them in Truft,
and for the folc Ufe and Bcnelit of the Wife, in Cafe Ihe fliall furvive him j or
Part for the Wife, and Part for the Children, as the Parties fliall agree between
thcmfclves; and in cafe the Wife (hall not furvive the Hufband, and there lliall be
no Children, then the Bond is ufually declared to be void.
The Reafon of giving this Bond to Truftees is in order to ftipport the Demand
againft the Eftate of the Huft)and i and it is effedtual againil his real, as well as
perfonal Eftate, but it mull not be made to the intended Wife in her Name, be-
fore Marriage, becaufe upon the Marriage, the Huiband and Wife are become
one Perfon in Law, and whatever Securities might be given to her before Mar-
riage unlefs they were fupported by Truftees, would, on fuch Marriage, tevert
back again, and be merged in the Huftiand's Fortune, and be unfafc for the Wife.
A Marriage Bond is of no greater EfFedl and Force than any other Bond Debt ;
but as the Wife is frequently Executrix to her Huiband, and the Law ufually
throws the Right of Adminiftration upon her, whenever ftie is either Executrix or
Adminiilratrix, flic as well as any other Executor or Adminiftrator has a Right
to pay her Bond Debt firft, and preferable to all other Bond Debts, or Debts of an
i;qual or inferior Degree.
But if the Huft»and becomes Bankrupt in her Life- time, this has been adjudged
to be fuch a contingent or uncertain Debt, that her Truftees cannot come in as
Creditors to prove fuch Debt under fuch Commifllon, which the following Cafes
will illuftrate.
A Huft)and who was a Trader (in Confideration of a Marriage, and of a Portion)
gave a Bond to his Wife's Truftees, to leave the Wife (if flic furvived him) 1 000/.
die Obligor became a Bankrupt; and it was objeAed, that in Lord Cowper's Time
it had been ordered, in cafe or Bond given on fo valuable a Confideration, that the
Money computed upon the Diftribution to be the Share of the Obligee in this ^^'j'["-/'''*'
Bond, fliould be put out at Intereft, and the Creditors have fuch Iritereft during cuii'ijhl
the Life of the Huftiand, the Bankrupt; and if the Huiband fliould die, leaving
the Wife, the Money to be paid to the Wife; but if the Wife (hould die in the
Life-time of her Huiband, then the Money to be paid to the Creditors.
On the other Hand, Lord Macclesfield was faid to have doubted of this, where- Ex Par«e Pay-
fore this Cafe coming now in Queftion before the prefent Lord Chancellor King, ''• '" "''• Vac.
his Lordfhip ordered the Precedents made in Lord Cowper's Time to be left with I'p^', ff,//
him. 49: ii/ivA.T.
And his Lordflilp was of another Opinion, conceiving, that no Part of the Bank- '^■^' ^,
rupt's Eftate fliould wait, or be deferred from being diftributed; the Adt ordering
that the Bankrupt's Eftate Ihould be diftributed within Months; efpecially
that the Diftribution fliould not wait, as in the prefent Cafe, for a Debt which was
neither debitum in prcfente, and never might be dcbitum in futuro, in regard the
Wife might die in the Life-time of her Huiband; bcfides the Huiband, after his
Certificate allowed, might go to his Trade again, and become a folvent Perfon able
to pay off his Bond : The Court refolvcd, that the contingent Creditor fliould not
come in for a Diftribution, neither fliould the Money be referved in Favour of
fuch Contingency.
But his Lordlhip declared, that though the Debt was contingent when the Obli-
gor became a Bankrupt, yet if the Contingency happen before the Diftribution
made, then fuch contingent Creditor fliould come in for his Debt; fo if fuch Con-
tingency happened before the fecond Dividend made, the Creditor fliould conic
in for his Proportion thereof, though after the firft Dividend.
The Obligor on a Bottomree Bond became Bankrupt before the Return of tlie
Ship, and the Ship did not return before thr; Diftribution made; whereupon it was
held that the Obligee fliould have no Benefit of the Diftribution upon the Com -
miflion. And,
Whereas it was objeftcd, that this Bond would be barred, after the Bankrupt's
Certificate allowed, which could not be unlefs it was tlien done.
Per Curiam : This cannot be, if the Obligor is careful in declaring upon his .Vj y. The
Bond; indeed if the Party declares upon the Bond only, he fliall be barred; other- '■' "' f ^^ y
wife, if he fets forth as well the Condition as the Bond in the Declaration; for |,, ,,,^^(^'',^'",^.
6 (i^ then
R^
.J l-hl
yi8
Of BANKRUPTCY.
\t)Ci». II.
BUncbard a
Calljird.
...» ^ .
j\;;fA.
lA-,
711).
/«. 707.
Lv:;^
iiaV'^
then it muA appear, that the Caufe of Adtien 4id not accrue At ithc Titncof tlM
Obligor's becoming a Banicnipt.
fiut the above Cafe is fince altered, and the OMigee in any Bottoovee Bwd (haU
be admitted to claim, and after the Lofs or Contiiigency malt ttavc \wfftMiii, to
prove his Debt and Demands in refpe(ft of fuch Bond, in like Manner as if , the Lofs
had happened before the Time of the IiTuing of the Comnufilon of Bankruptcy
againft the Obligor, and (hall be entitled unto, and have and receive a pf(mQrijen-<
able Part, Share, and Dividend of the Bankrupt's Eftate, b Proportion to tne other
Creditors of fuch Bankrupt, and in like Manner us if fuch Lofs and Contingency
had happened before fuch Commiflion iflued.
And this AA makes it the fame with the Obligors andOLiigees oa a Policy of
Jnfurance.
One Blancbard, a Cabinct-Makcr, married the Sifter of CaU'^wd, who had
500 /. Portion fccured by Land. BloHcbard, on his Marriage, gives a Bond to leave
his intended Wife, if fhe furvived hiin, 500/. or a third of his EAate, at her
Eleftion.
Blancbard became a Bankrupt; Bill by the Aflignees to have the 500/. railed by
a Sale; and decreed accordingly: but with this, that the Wife (hould come in as %
Creditor upon the 500/. Bond, and what (hould be paid in refpedt cheteofj to be
put out at Intercft and received by the Creditors, during the Life of the JHu£baod,
and if the Wife furvived, then the Money to be paid her.
/. S. indebted by Bond to the Wife oS yt. became a Bankrupt; the Huiband
comes in and claims the Debt, pays the Contribution Money, but dies before any
Dividend was made; the Wife furvivcs, but dies alfo before any Diftribution.
Lord Chancellor direftcd the Diftribution to be made to the Executors of the
Wife, and not to thofe of the Huiband; repaying to the Hulbaod's Executors what
he had advanced for Contribution.
The Hufband's paying the contribution Money did not alter the Pr^qjeriy of the
Debt, but it remained a Chofe in Aftion, and furvived to the Wife.
The Plaintiff brought an Adtion of Debt againft the Defendants for 800/. whene-
^nd" c'inh*' '" ^^^ Plaintiff declared, that fVilliam Donalfan in his Life-time, viz. the 6th of
lut Mm," Mm 1704, by his Bond then dated, obliged himliclf, his Heirs, Off. to the Plain-
I'.xecutors of Hff fully, and one Pbslif Rudsiy, whom the Plair. tiff furvived, in thefaidSum of
800/. f:V. with Condition, that if the Heirs, &c. of the faid William fhould pay
to the f;ud Plaintiff Tully, and Philip, or the Survivor of them, or the Execu-
tors, &c. of the Survivor of them, 400/. within two Months after the Death of
the faid JVilliam, in Cafe one Martha Latimer fhould marry the laid William, and
fhould happen to furvive him; in Truft for the Benefit and Behoof of the (aid
Martha, her Executors, Gfc. then the Obligation Ihould be void, Gfr. and the
Plaintiff in Fadt fays, that after the making the faid Bond, the faid Martha mar-
ried the faid William Donalfon, and that after the faid Marriage, the laid Philip
Rudjhy died, and the Plaintiff furvived him ; and that the faid William made his
Will, and the Defendants his Executors; and afterwards (the faid Will not being
revoked) died ; and the faid Martha furvived him, and is yet alive ; and that
after the Death of the faid William Donalfon, the Defendant Frances proved the
faid Will in due P'orm of Law ; that the faid Frances and Chrijiopher, or either
of them, did not pay to the Plaintiff the faid 400 /. within two Months after
the Death of the faid William, according to the faid Condition, whereby the
Bond became forfeited ; and the Adion arofe to the Plaintiff, to demand of the
faid Defendants the faid 800 /. but the Defendants the faid 800/. though often
requefted, have not yet paid, &c.
The Defendants, after praying Oyer of the Bond and Condition (which was
granted) plead in 'Jar, that the faid William Donalfon, after making the Bond,
lor feven Years, before and after that Time, exercifed the Trade of a Biil-uit
Baker, and got his Living thereby, and became indebted to Sundries in the Sum
of 200 /. and more, and became a Bankrupt, and was declared fuch by the Com-
miflioners, and had his Certificate allowed.
This Cafe was learnedly argued both for the Plaintiff and Defendant, and the
C?.ufc coming on in MicbaelmasTtrm 1728, Judgment was given 6y the whole Court,
Jamil Tally a
Hill am Dt
naljcn,
i%: :
TuncgftlM
eBw«l(h*tt
afffnti, to
isif'thtLoff
' Bankruptcy
pH»K)rii«n-
1 to me other
Contingency
)Otii*<^cy of
rd, who had
Bond to leave
ifiats, at her
oo/. raifed by
1 come in as a
thereof, to be
thcHu&and.
the Hutbiud
lies before any
iftribution.
cecutors of the
i^xecutors what
Properly of the
'e.
ir 800/. whene-
viz. the 6th of
c. to the Plain-
the faid Sum of
'iam {hould pay
or the Execu-
;r the Death of
d WUKam, and
)of of tlie (kid
&£'. and the
Martha mar-
the faid Philip
lliam made his
Will not being
live ; and that
ces proved the
)her, or either
Months after
whereby the
cmand of the
though often
n (which was
ing the Bond,
of a BiTcuit
ies in the Sum
1 by the Com-
dant, and the
be ivbbk Court,
upon
m
King, by her Petition in 'January 17^2, fct forth, that on th«
}I, by Articles tripartite made before her Msuriagc with James
Of BANKRUPTCY.
upon the Merits, that the Plaintiff's Debt was not barred by the Matter com prifed
the Plea, becaufe it was not wltSsn the 7 Geo. I. Cap, 31.
In the Matter ^Jan»e? Kjtig, a Bankrupt, on tie Part of Ann King his Wifi-
irhe faid Ann
16th of Feb. 1731 .
King, between James Kin^ the Elder, and the Bankrupt, of the firii Part; James
Sutton, and th*? faid j4nn King, by the Name of yim Sutton, his Daughter, of
the fecond Part j and Robert button SLndJein Complia, of the third Part 1 reciting
the intended Marriage : It was, amo.igu other 1 hings, covenanted and agreed,
that the fame Jama Sutton fliould, within three Months after the Marriage,
pay the faid James King the younger 1 000 / as her Marriage Portion ; and if
James and Ann ftwuld have Iffue living at the Death of Jaitus Sutton, that then
his Heirs, Gff . would pay to the faid James King the younger, tJie further Sum of
J 000/. if he fljould be then living; but if King fliould die before the kft 1 000/. be-
came payable t(] him, then the lame Ihould in like Manner be paid to the tiiARobert
Sutton and John Complin, &c. in Truft, to place out the iame at Intcreft, on fuch
Securities as the Truftees, with the faid jinn King, Hiould approve of, and fhould
pay the Interefl: to be made thereof to her, during her Life; and after her Deceafe,
for the Maintenance and Education of the Children of the faid James and j^nn
King, till they lliould attain twenty-one, and then to be paid to them in fich
Parts and Proportions as the faid Jasnes and An't King fhould appoint; and for
Default of fuch Appointment, to be divided eqiially between them.
And in Cafe they had no IflUe, then to fuch Pcrfon or Pcrfons as the faid James
King the younger (hould by Deed or Will give or appoint tlie fame unto ; and in
Default thereof, the fame was to be paid to the Executors or AdminiArators of
the faid James King.
And by the fame Articles, Jatnes King the younger covenanted, that if he re-
ceived the faid iooo/. payable ait^r James Sutton's Death according to fuch Cove-
nant, that then tlxc Heirs, Gff. of the faid James King the younger, would, within
three Months after his Deceafe, pay to the faid Robert Complin and John Sutton,
&(. 1 000/. to be by them employed in fuch Manner and Form, and for fuch
Uies, Intents, and Purpofes as were before exprcOed and limited, touching the
1000/. payable after the Death of James Sutton.
The Articles were executed by all Parties, and the Marriage foon after took
Effedl.
In January 1739, James Sulton, the Father, died; and James and Ann King
having IfTue a Daughter named Attn, who was then living, James King became;
entitled to the 1000/. after Jatnes Sutton's Death, and the Executors of Sutton
accordingly paid him the fame; and he gave them a Difcharge for it.
In January 1741, Robert Sutton, one of the Truftees, died; and a Commifllon
of Bankruptcy iflued againft Jatnes King, and he was duly found a Bankrupt, and
his Eftate was aiTigoed to Edward Grace, Thomas Caraway, and Timothy Den-
ham.
That flie apprehended that John Complin, the furviving Truftee, ought to be al-
lowed the looo/. fb paid to her Huiband Janus King, by Sutton's Executors, in
the Nature of a Debt under the Commiiiion, by Virtue of the Covenant i the
Articles, and that a proportionable Part of King's Eftate, in Proportion to what was
to be paid to his other Creditors, might be paid to the Truftees, to be difpofed in
fuch Manner as might anfwer the Intention of the faid Articles.
That (he had applied to Complin, and had requeued him to prove the faid Debt
of 1000/. before the Commiflioners, and to be admitted a Creditor for the fame;
but that he pretended, though his Name was mentioned as a Tniftee in the Articles,
yet that he nad never executed tliem j and refufed to ad in the Truft, whereby flic
and her Daughter were in Danger of being totally deprived of the Benefit ot the
icoo/. intended as a Provifion for her by the faid Articles.
She therefore prayed his Lordfhip, that flie might be at Liberty to name a new
Truftee in Complin's Room; and that fuch new Truftee might be admitted a Cre-
ditor under the faid Commiflion for the faid tooy/. and might be paid a Dividend
in
S'9
II
■: »■■!;'
!'iMi;^'^;
III!
:■; .••■.1.|-'i«/7t.(-.>l
■ V.
• ■ I
\i:'
'.fl>.
I\l
f f I •
'I'M
III
if
■. j
520 0/ B A N K R U P T C Y.
in I'roportion with the Tci\ of ^^(jwf j A7«^'s Creditors, and that the Money to be
received by fiich new Truftec, by Virtue of fuch Dividend, might be placed out
at Intereit, in fuch Manner as that (he might receive the Int'^rcft thereof during
^ her Life, in cafe' flic furvivcd her Hulband j and that the principal Monies to
he received for fuch Dividend might go and be paid to fuch Child or ' Jhildren of
her by yamet King, as (hould happen to be living at the Death of the Su.-vivor qf
them, in cafe there fliould he any fuch Ifllie j and in fuch Manner as was direftcd
by the Articles ; or that his Lordfliip woiild make fuch other Order, as to him
would fcem meet.
And on the 21 Jan. 1742, this Petition came on to be heard before his Lord-
fliip, and was learnedly argued by Council on both Sides : And the Cafes of ex
parte Cazalet, Holland, and Callifovd, Tully and Sparkes, were cif:d ; and on
the firft Hearing, his Lordfhip gave the Gentlemen who were Council for the
faid jinn King, further Time to fpeak to it, and in the mean Time to fearch for
Precedents 5 and upon this Petition coming on again before his Lordfliip, and no
other Precedents to th^ Point appearing, nis Lordfliip was pleafed to be of Opi-
nion, that he could nit relieve the Petitioner yf«« AV/tit j and therefore he or-
dered fuch Petition to be difmiflcd.
Debts due to, and from, the Wife ivhen f ingle.
Mu,-,v.u;l. Ti/t IL E S brought a Debt againfl: Hulband and Wife, upon a Bond entered
^"'"" " '-■"■ -^'^ into by the Woman when fingle. The Defendants jointly plead in the Bar,
that the Plaintiff ought not to have his Aftion, &c. and fay, that after the Inter-
marriage, Williams the Hufband became a Bankrupt, and a Commiflion iflfued
againft him, and he fubmittcd, and in all Things conformed himfelf to the Sta-
tute of the 4 Anne, and to all other Statutes relating to Bankrupts -, and therefore
the aforefaid J«)/6« and Eleanor, by Vii^ue of the aforefaid Statute, fay, that the
Aftion aforefaid arofe to the faid Miles, before the faid John Williams became
Bankrupt; and that they were ready to verify, and therefore they demanded Judg-
ment, if the faid Miles ought to maintain his Aftion. The Plaintiff demur-
red, and fhewcd for Caufe, that the Debt arifing upon the Bond made by the
Wife fold)', was not difcharged by the Statute, mentioned in the Defendant's
Plea ; and alfo that the Plea ought to have concluded to the Country. The De-
fendants joiiiod in Demurrer. And after fcvcral Arguments in this Cafe, Parker
Chief Juilice, having ftated the Record at large, delivered the Refolution of the
Court.
The two great Queftions which have been made in this Cafe, are thefe,
1 . Whether this, being a Bond given by the Wife dtimfola, be fuch a Debt as
fliall be dilcharged by the Bankruptcy of the Hulband, by Virtue of the Statute of
yinne 4.. Cap. 17. mentioned in the Plea?
2. Whether the Defendants have well concluded their Plea or not; it being to
, the Judgment rif the Court and not the Country ?
As to the FirfV, we are ail of Opinion, that it is a Debt within the Aft.
5_ ,_ Tlie Words of the Claufe upon which it depends, are. That the Bankrupt Jhall
be difcharged from all Debts by kim due and owing, at the Time he became Bankrupt ;
and then in Cafe he be fued for any fuch Debt, the A&. direfts, that he fliall, and
mav plead in general, that the Caufe of AcSion did accrue before he became a
B.inkrupt.
Upon thefe Words the immediate Queftion is, whether this was a Debt
due, and owing by the Hufband, at the Time he became Bankrupt ?
It was faid, and (I think) admitted at the Bar, That a Debt due by the Wife,
and one due to the Wife, dum fola, muft fall under the fame Confideration.
This is very reafonable, and therefore I have confidcred how far a Debt due
to the Wife, would be within this Aft, to be alTigned by the Commiflioners of
Bankruptcy. And in order to underftand this, it is neceffary to go back to the
former Ads.
And tliofe of 13 E/rz. Cap. 7. and i Jac. I. Cap. 15. give the Commiflioners
Power over the Bankrupt's Body, Lands, Qc. and to aflign all Debts due, or to be
due,
?>'
m
lot ; it being to
Of BANKRUPTCY.
due, to and for the Benefit of the Bankrupt, and the fame to be recovered in the
Name of the Aflignces.
Now I take the Intention of thefc Laws to have been, that the Bankrupt hav-
ing been guihy of a Fraud fhould not be truftcd any more with the Management
of his Eftatc, Off. So that upon this Intention, all thofc EfFcdls and Debt.;,
which he could take in, or turn into Money, the Aflignces were dcfigncd to have
in a« full a Manner, cither by Ai^ioix or otherwife, and that in tiicir own
Names.
The beft Rule of conftruing Afts of Parliament, is by the Common Law,
and by the Courfe which that obfcrvcd in like Cafes of its own, before the Adt.
Thus it is in the Statute de Donis, which enafls, that Tenant in Tail non
babeat potejiatem alienandi "Tencmenta, to prevent their Coming to the IlFue » and
that a Fine levied by him, ipfo jure Jit nullus. Now,
The EfFcHis of this Statute being a Difability to alien to the Prciudicc of
others, therefore the Law ranks the Perfon incapacitated thereby, ■m'itfj Bijhops,
and other Ecclejiaftical Perfons, and with Hujbands, who were by the Common
Law difabled to alien to the Prejudice of their Succeflfors and Wives.
And therefore though the Words be, that Tenant in Tail, fhall not have '
Power to alien, and that his Fine Iball be void, yet it has been condrued, th,it
a Fine by Tenant in Tail is not merely void, but makes a Difcontinuanre, thereby
putting the Iflue to his Formcdon j and that other Alienations, either put the
Ifliie to his Adtion, or allow of his Entry, juft as the Law ftood before in Rela-
tion to BiHiops, (Sc.
At common Law it is a general Rule, that no body can have an Ailion but a
Creditor, or, if he be dead, bis RepreJ'entative : But there are two Cafes whereui
this Rule fails, viz. in the Cafe of a Forfeiture, and of an Alfignment to the King.
For though a Cbo/e in A6iion cannot be afligned to a common Perfon, yet it may
to a King. And in both thefe Cafes, the King or his Grantee or Aflignee, may
fue for uiefe Duties in their own Name, ?i Hen. VII. 19. Though generally
the Grantee fucd in the King's Nanic , Ltit that was only in order to take Advan-
tage of the King's Prerogative.
Now let us fee, how far the Wife's Debts were liable in thefe Cafes.
In the Cafe of Forfeiture as by Outlawry, (3c. the Debts of the Wife were
always extended and feized.
In the Cafe of Aflignment of Debts to the King, Hob, 2. 353. is an Authority in
Point.- and that notwithftanding the 7 jTflc. I. Cap. 15. which makes Airignmtnt
of Debts void, other than fuch as grew due originally to the King's Debtor bona
jide. For the Purpofe of that Law was, that no Debtor of the King fliould pro-
cure another Man's Debt to be afligned, which was the common Pradtice. But
this, fays the Book, ib his own Debt, though not to his own Ufe, which he may
himfelf releafe and difcharge, aiid by the fame Reafon may aflign. This proves
two Things.
Firjl, tnat tiic Hufband might aflign thefe Debts by the common Law.
Secondly, That he was not reArainea from doing it, by the Statute, becaufc they
were the Hufband's own Debts.
This Reafon concludes to the Cafe at Bar.
Firji, As it is the Hufljand's own Debt within the Words of the Aft.
Secondly, That as the Hufband might aflign it, ergo, fo might the Commif-
iioners.
Befides, it is to no manner of Purpofe, and can ferve no good End, to fay, that
fuch Debts are not aflignablc : For if they ftiould be left in the Hufband, as foon
tis ever he recovers them, the Commiffioners mufl have the Money, and apply it
to the Ufe of the Creditors.
But in order to confine the Senfe of the Words, Debts due and owing to him -, it
has been objefted,
FirJi, That the Statute does not extend 10 Debts due to a Bankrupt as Exe-
cutor.
ReJ]>onf. This is true 5 but it is for this particular Reafon, becaufe they are ap-
Eropriated to pay the Debts of the Teflator : And if they v/ere afligned, it would
e a Wrong, viz. a Devajlavit.
6 R Secondly,
Sil
iV. I'Vc :"
.'(
» 't, . >. .
' ♦/' '
.1-
i v'»'l* *
kt,...
^^.■'.-}
511 0/ B A N K R U P T C Y.
StconJfy, It iias bcfn o^>jrftc^, tl\at tlic Statute does not extend to Debts doe to
the Bankrupt jcintly with another.
Jii;/f>. The Cafsiitcd for th.it Furpofc from I Lev. 17. is not determined, Aich
Dcljt might he affiRnnt to ilie King by any one of the Creditors j and fo it is
adjudged, Mic/b. 19 //. VI. And it would be forfeited by the Outlawry of one.
However, that Caf. is not before us. Thus fur is phiin, that a Debt due from
C«p. 15. s. .1. ijjn, anj another would he within this Adt o( 4. yinne, for it is fo declared by tlie
declaratory Adt of 10 jlfne, whicii provides at the fame Time, that the Difchargc
of the Bankrupt (hall not extend to dilchargc the other joint LVbtor.
tiiit this of a Hul>;and and Wife is a diifercnt Cafe ; ifor it is his Debt, as he it
one with her.
hut it is contended, that the Bankruptcy ought not xo give the Hulband «
better Right in his Wife's V :Dt, and bar her of her Contingency by Survivor-
fhip.
Kf/p. It does not give him a better Right ; for his Releafc for a Confideration
to himfelf alone, would have barred her of the Contingency { <t<id this is a Rela>
tion in Law, and ?.mounts to the farne Thing.
Befides, that is anfwered by the F:i'>ion of Law, whereby the Statute of
1 Jac. Cap. 15. and this Statute has made it as a Debt, and new Security to the
Aitignees, Suppofe a Bond was made to yf. in Trull for ii. who becomes a Bank-
rupt, the Aflignces may bring the Adlion in their own Name, though B. muft
have brought it in the Name of his Trufl^e.
Ohjt'£led. The Huiband muft join with his Wife in this Aftion, but the Af-
fi.i,n»ea cannot do i^.
This is anfwered as before, and by the Cafes of Forfeiture and Aflignment to
the King : But to put another Cafe :
Si'ppofe a Bill of Exchange be maae u> the Wife, du>,i fola, the Hufband may
aff.gn it, and the Aflignee (hall brinj, the Adlion in his own Name.
" his Reafoning holds ftronger. in the Cole of Debts due t'rom the Wife;
for,
Firji, Certainly It is ihc Hulband's Debt, and the Adlion muft be brought in
the Debit and Detinet. It Is admitted to be the Hulband's Debt after Judgment j
and it vere hard to fay, that a Jud^'rocnt of Law charges a Man with a Debt,
who was not chargeable with it, when tliat Judgment was given a^ainft him.
ScconJIy, If the Intent of that A<ft be conlidered, and the Queftion aiked,
Cui bono ? it will appear ftill ftronger. The Perfons concerned in this Matter, are,
FirJi, The Bankrupt j Secondly, the Creditors j Tbirdh, the Wife.
As to the Bankrupt, if an Adtion be brought againft him on fuch Bond, what
Execution can the Plaintiff have ? If he takes a Fieri Facias, or Elegit, af foon
as he fi.ids Goods or Lands, the Commiflioncrs ought to feize them; this would
oe wholly inefFedtual ; and if he takes a Capias, it will only ferve to lay the E^nk-
rupt up in Prifon, when all his Eftate wherewith he Hiould make Satisfadtion,
tnd deliver himfelf, is taken out of his Power. And that is the Reafbn of his
being difcharged, viz. btcauie his Ability to pay is entirely taken from him.
And this uiftinguifhes it from the Cafe of an Executor, and fliews that he
ought not to be di^harged as to the 'i'eftator's Debts, for he retains his Ability
to pay them, by keeping the Effedts which he has as Executor } and the Com-
midioners cannot meddle with tbem, becaufe they are appropriated.
It was infilled at the Bar, that he ought to be difcharged from all his Debts,
becaufe he is not onlv obliged to part with all his Eflatc, Mable to pay thole Debts,
but all whatfoever wnerewith he. might pay his Debts; as for the Purpofe, Copyhold
Lands, "which are liable to no Execution.
S-xondly, As to the Creditor.
It cannot be for Ids Benefit that this Debt ftiould not be within the Adl ; for
the Bankrupts whole Ellate will be otherwife difpofed of, and his Adlioa
againil the Bankrupt can be worth nothing ; but if this Debt be within the Adl,
ther n,ay he come in for hi&- Dividend.
The C' fcquence of the contrary Opinion Is, that you take from him every
Thing wherewith his Debt may be paid, and at the fame 'Time will not let him in for
a Shaii:,
Thirdly,
ry B A N K R U P T C y. 513
'T/jirJ/v, As to the Wife.
It will he A Dillhargc to her, at lead a temporary otic ; Wa;. during tlic lixxC-
band'H Life. Hut though it be not ncccflary to give any Opinion upon that, yet
I think it will amount to a pcrfcdl Rcleafc, and the Wife will be difchargcc! for
ever.
But no Harm can ariie from this, for the Creditor is fjppofcd tu have hid his
Dividend, and the Debt is paid in Confideration of Law.
A Cafe may pofllbly be put, where a Woman Lcing in Debt may make over
all her liffcds in Truil, and then marry a Bankrupt, and by that difchargc all her
Debts, and yet preferve her Eihte ; but that would be a fraudulent Conveyance,
as againd Creditors, quoad as much of the EiUte as would fatisfy their Debts,
and lor that they might have Remedy.
// wtis ohjdied, that this Difchargc is a perfonal Privilege, and not comtn ini-
cable to the Wife.
Rejj>. It is a neceflary Confequencc that it muft extend to her, bccaufc every
Tliir ', in the Iluiband's Power is alfignable, and all her Eilatc is in his Power :
If the HuJlumJ be poffi^'ed of a Term for Tears in Right of his IVife, it may be fold on
a V\. I'a. and yet it is not atlually transferred to the llufhand ly Intermarriage. « Iiift-46. b.
For thefe Reafons, we are all of Opinion, that this is theHufb tnd's Debt, within
the Meaning of the Statute. ,
As 10 the Iticond Q^clUon, viz, whether the Plea be good or not ? We are like*
wife all of Opinion, that it is ill, not to conclude to the Country.
A Liberty of Pleading generally is given to the Bankrupt, and . he may avoid
the Hazard of Pleading fpccially } but then he mud take upon him the Proof of
his Conformity to the Statute in every Particular : Of if he thinks fit to plead the
Matter fpecialiy, •^hvii he mud fet forth every Point ; and by it he has every Ad-
vantage againft the Plaintiff, that he muft reply crie Particular only, upon which
IllUe mull be takep. Merc the Defendant has pleaded the Matter fpecialiy, but
not fet fortli the Whole, and therefore it is ill for that Reafon ; for by the ex->
Crefs Words of tlie fi.(X, this is to be pleaded, fo as that the whole Merits may
c tried.
There are feveral Cafes at common Law, where a Man fliall conclude his Plea
to the Country, though there be no Affirmative and Negative, to prevent the In-
convenience that would arife by going on to a Replication, as in 33 H. VL 21.
to a Fine, quod Partes finis nihil habuerunt j Gf de bocponit fe fupra Patriam,
So in Dower, nunqui^e fie de Dower, & dehoc, &c.
And the Reafon of this is, for that it would be inconvenient to go on to a Re-<
plication, becaufc to reply generally would leave it too large and comprehcnfive,
and to reply any particular Kind of Eftate, would be too narrow, and confe-
quently immaterial.
This Statute has found a new general Iflue in this Cafe ; and this was the Foun-
dation of Judgment in Bird and Lacy's Cafe, Mich. 6 jinne, C. B. Rot. 321.
that a Plea upon this Atft was well concluded to the Country; and if fo, it cannot
conclude to the Court.
It may be obferved on the Statute of Sewers (23 Hen. Cap. 5.) that by thefe
Words of that Ad, a general Replication is exprefljy given, to avoid the Forcing
the Plaintiff to a tingle Point ; and fo the Mifchief which would be in this Cafe is
prevented; thus it muft have been in thisAA, if it had not been the Intention of
it to make the Plea a general Iffue.
For this Fault in the Plea, which is Hiewn for Caufe of Demurrer, and which
would put a Difficulty upon the Plaintiff, not intended by the Statute, Judgment
muft be given for the Plaintiff.
A Feme file is a Mortgagee in Fee for 800/. and marries a Tradefman, who be- BtfuiUly.
coming a Bankrupt, a Commiffion of Bankruptcy is taken out againft him, an'" ^ p,^'^/,y/r
flic Commiffioners aQign over all his Eftate, real and perfonal j afterwards the 498, Cafe '
Hufband dies, and the Writings relating to this Mortgage being in the Affignces yj^- « «•»•
Hands, the ^Vidow of the Bankrupt brings a Bill in Equity agaii»ft the Afftgnees,
for thefe Writings, and to have the Benefit of the Mortgage.
This Caufe came on to be heard, and, for its Difficulty, was ordered to bo
f])0k9
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s
514 0/ B A N K R U P T C Y.
flwke to againi when hit Honour delivered his Opinion foleinnly for the PlaintifT,
the Wife.
But •flonwardi being difiiitiified with that Opinion, he ordered the Decree to
beAayed, and to be attended again by Coiinlcl.
Wncreupon his Honour gave his Opinion, that if there had been any Articles
before the Marriage, purporting, that this Mortgage Money Jhould continue in
the Wife, as her Provilion, or ihoiild be aliigticd in Truft for her, there would
have been a fpetificit Lun npon the Mortgage, and have preferved it from the
Bankruptcy.
Alfo it might have been a Matter of diflfcrcnt Conltdcration, if the Afllgnccs
had been Plointiffs in Eniiity and dcfired the Aid tlicrfof", to ftrip an unfortunate
Widow of all that (he nad in the Work', towards the doing of which, Equity
would hardly have lent any Aiiillance t becaule the Allignces claiming under thu
Bankrupt Ilulband, could he in no better Plight than the Ilulband would have
been » and if the Hulband had in Fquity (ucd for the Money, or elfc prayed
that the Mortgage might be forcclolcd, Kquity (probably) would not have com-
pelled the Mortgager to have paid the Money to the Huihand, without his mak-
ing Ibme Provifion for his Wife, by an Application to tl>c Court againfl the Hul-
band, and the Mortgager might have prevented the Payment of the Money to
tlie Huftiand, unlefs loinc Provilion were rn;ulc for her.
But in the prcfent Cafe, tJic Widow was Plaintiff againd the AfTignees, fi> that
flie, and not the Creditors, Ibught the Aid of Kquity.
And here being in the Mortgage Deed a C , I'nant to pay the Mortgage Money
to the Wife, this Debt, or clojf in Atlion, w.v, well alligncd by the Comniif-
fioners to the Afiignccs, and veiled in them, like the Cafe of MUet and fViUittms
(laft cited) where a Bond made to a Wife (dum fola) was adjudged to be liable to
the Hufband's Bankruptcy, and allignablc by the CommilVtoncrs.
Wherefore if the Right of the Debt was vcfted in the Afllgnecs (as plainly ie
was) though the legal Ellatc of the Inheritance of the Lands in Mortgage con-
tinued in the Wife \ yet this was not material, it being no more than a Truft for
the Afl'ignccs, like the common Cafe where there is a Mortgage in Fee, and the
Mortgagee dies, here the Mortgage Money belonging to the Executors, though
the Hei"- takes the legal Ellate by Defccnt, yet he is but a Trurtec for the Execu-
tor, for the Truft of the Mortgage muft follow the Property of the Debt, elfc
tlie Mortgager would be in a very hard Cafe, liable to be fucd by the Afligncct
of theCommiflioncrs upon the Covenant ; and al(b in an Ejedtmcnt by the Wife
of the Mortgagee ; wiiercas the I tter Suit would be enjoined in Equity.
Then it was inlifted, that here were Articles entered into before the Marriage
of the Bankrupt and his Wife, by which the Huiband covenanted to fettle the
Wife, in the Manor ol' Date, or to leave her 1000/. within three Months after
his Death.
But in this Agreement it appeared, that the Hufband had his Eletftion all his
Lifetime, and that if the Wife had brought her Bill in Equity againft the Huf-
band, rtic could not have compelled him to do the one or other; neither could
ihc, upon fuch Bill, or othcrwife, have compelled him to give any farther or
better Security for the Payment of this 1000/. becaule (he had that Security wh'ch
fhc at firft agreed to take, and the Court coiUd not better it againft her ovn
Agreement.
But upon another Point, viz. as to 200/. Fart of the Wife's Portion, on a Note
given by the Huiband at his Marriage, fignifying his Confent that the V ife
ihould have this 200/. the Court held the ume was fpecifically bound ther -by ;
fo tlut with R"rpcd to this only, the Plairtiff was relieved, and the Bill, as to
the reft, dilhiiired.
Of the Rights ivhicb are invefted in the Bankrupt's Children by Virtue of Marrtagt
Settlements^ and Trujieesfor fupporting contingent Remainders.
if'
IF a Man before Marriage with his Wife makes a Settlement, or enters into
Articles with Truftces to make fuch Settlement upon his Wi^ Jconycys
or agrees to convey, futli Eftate to Truflees, to the \Jii of himfclf or h. .XiTigns,
5 for
m-y-
Of BANKRUPTCY.
5^5
for the Terinolhi^ tvifc, without Imprachmf nt of W^llr ; and after the Det<!r-
tnihation of that Kftiitc, to the Ufc «iul BchtK)f of A. H. and C. I), nnd their
Heirs, during the Life of the Hufband, utwn Tnift, to prclervc the contingent
Uic» Hud Kftute therein after limited, from hring harrcd, dclhoyed, cir |>rcvcnted i
and for that Purpofe to make Isiitrics and hriiig Adlioiis a< OccaliotiN fhall re-
quire i hut, ncverthelcfs, to perniit and fuffer the Hulband and hii Affigns, during
his Life, to receive and take the KcniH, Iducs, and Profits of the lame fremini-ii
to hit and their own Ufc? i and from and after the Decealc of the ilulhnnd, to
the I'fe of the Wife for Life i and afterwards to thi Ulc of tlie firll and
other Sons of their Uodics, according to Priority, and their Heirs Male i and for
Default of fuih Kfur, to the Daughters and their Heirs equally; with pronei"
Pnwilions for railing Portions for Daughters and younger Children, as h ultial in
Marriage Settlements ; though the Kemainder in Pec is limittcd to the Bankrupt,
for want of Kluc Male or I'cmalc i vet if futh I'erfon becomes a iiankrupt, and
has a Wife and Children, or Children and no Wife, though this is an entailed
I'date, yet it is not fucij An Pilate as he can lawfully or equitably bar by a Pine
or common Recovery, anil confcquently he will be otdy Tcr.ant for i,if'c, and
his Wife will enjoy the Jointure, and his Children his Edatc after his Death i
and the Creditors cannot defeat fuch Kibtc.
But if he dies without Children, and becomes a Bankrupt, and there are no
Remainders over, but the Remainder in P>c is in him, ^itc, whether a Court
of Equity would not, after conhrming his Wife's Jointure, diredt and enable the
TrulJees, in Conjundion with him, to bar the Fdate Tail, for the Benefit of his
Creditors : But there have been InlUnces where Truftees have joined with the
Hulhand, and defeated the legal Ellatc bv a Recoveiy ; but Ads of this Kind
have been always looked upon as the highell Breaches of Trull i and if a Pur-
chalcr was to buy the Eftate, or a Mortgagee to lend any Money up»n it, with Sr« »k« fuhfe-
Notice ofthcTruft, he would be unfafc in fo doing. And as this is a Matter "V"-"' <-'»"= of
of great Confcquencc toPamilics, I (hall for that Real()ncite the following Cales. ctafLal'.
It was declared by the Lord Keeper Harcourt, that where there were Truftces > v. ('V^;-/'.
appointed by Will to preferve contingent Remainders, and they before the ^/''''j'g' *
Birth of a Son joined in a Conveyance to dcftroy the Remainders, this was a sJi. eno.
plain Breach of Triift, and any Pcrfon taking under fuch Conveyance, if volun- Mif*. 1710.
tarily, or having Notice, fhould be liable to the fame Trufts.
And though it was objected, that this had been only ohiter, faid in Equity,
and that there never was any Precedent of a Decree in fuch a Cafe ;
Lord Keeper faid, it was lb very plain and reafonablc, that if there was no
Precedent in this Cafe, he would make one.
But this was the principal Cafe, which was, that there was a Son born before
the Conveyance by the Truftces, and the Ellate being in Mortgage, the Son came
into Equity after the Tenant for Life, to redeem.
Agreeably to what was thus declared by Lord Harcourt, it has been fincc cx-
preflly decreed by Lord Chancellor King, afliftcd bv Lord Raymond and Chief
Baron Reynolds, in the Cafe of Manfell verf. ManJitI, December 1732 (hereafter
mentioned) which was the Cafe of a voluntary Settlement, and where the Court
unanimouily delivered it as their Opinion, that nothing in common Jullice, Scnfe,
and Reafon, could be a plainer Bre.ich of Truft, than that thofc who were
appointed Truftees, to the Intent to preferve the EAate to the firft Son (and for
that Purpofe oiily) fliould dircdtly, contrary to their Trull, join in the Deftruc-
tion of the Settlement.
But where there is Tenant for Life, Remainder to the firft Son, Gfc. and no
Truilees to preferve contingent Remainders, in fuch Cafe if Tenant for Life by
F"ine or Feoffment deftroys the Remainders, there being no Truftee, there can
be, confcquently, no Breach of Truft i and this being the Law, Chancery will
not interpofe.
But tiien as this was a Hardftiip at Law, to prevent which the Method of* ap'
pointing Truftees was invented, fo it is reaibnable that the Truftces, when
they let in this Hardfhip by violating the Truft repofed in them, fhould thcm-
fclves be liable for the fame ; but if the Conveyance be voluntary, or if there be
Notice of the Truft, fuch Truft fliall follow the Land.
6 S One
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358.
Tippnv. Pig-
got. viJe
ftpa.
7rin. Term,
M.ia/n V.
Mm/,//.
Of B AN K R U P T C Y.
One after Marriage makes a voluntary Settlement of his Lands to himfelf for
Life, Remainder to Truftees to fupport contingent Remainders, Remainder to
his firft, Gfc. Son in Tail fucceffively, Remainder to himfelf in Fee ; and con-
trafting Debts, he after makes a Conveyance of his Ellate to other Truftees, for
Payment of thefe Debts.
The Creditors bring a Bill, and (int' al.) infift, that the Truftees for preferving
contingent Remainders Ihould join in the Sale to deftroy the contingent Re'nain-
ders : And this came on by Confent before Sir Jafeph Jckyl, who took Time to
confider of it, alledging, that though in the Cafe of Sir Thomas I'ippen, where
Truftees had joined in cutting off Remainders created by a voluntary Settlement ;
the Court on a Bill brought by a remote Relation, had refufed to punifh tlicm,
as diftinguilliing betwixt a voluntary Settlement, and one made on a valuable
Confideration ; yet he had not known a Precedent where the Court ever decreed
the Truftees to join in deftroying the contingent Remainders j this being the
Rcverfe of the Purpofe for which they were at firft inftituted.
But this Caufe coming on in Auguji 17 17, and a Precedent being ftiewn where
fuch a Decree was pronounced, his Honour decreed, that the Truftees Ihould
join to deftroy the contingent Remainders, and be indemnified, it being at the
Suit of the Creditors, and for raifing of Money for Payment of Debts.
Note, Sit Thomas Tipping Cafe was, where, upon a Marriage, Settlement was
made by a third Pcrfon to the \5(e of the Huft)and for iiinety Years, Rema"nder to
Truftees, during the Life of the Hulband, to fupport contingent Remainders ; Re-
mainder to the Wife for Life, Remainder to the firft, S'c . Son of the Marriage,
Remainder to the Heirs of die Body of the Hulband, Remainder to theRight Heirs
of the Iluftjand : There was no Ilfue of the Marriage, and the Remainder in Fee
being contingent, in regard the Limitation to the Hufband was for ^'ears only,
ana the Eflnte not moving from the Hulband (for if it had, the Remainder li-
mited to the right Heirs of the Huiband, would have been the old Rcverfion) the
Truftees joined to deftroy this contingent Remainder.
And on this Cafe being cited, it was faid by the Maftcr of tlie Rolls, that if a
Son had been afterwards born, it would have been a Breach of Trull, but tliis
Remainder to the rir,ht Heirs of the Huftjand, being a remote Linwtation, and
not within the Confideration of the Settlement, and voluntary. Equity would not
punifli it as a Breach of Truft.
This Caufe came on, upon an Appeal to my Lord Chancellor King, from the
Decree of the Mafltr of the Rolls.
Edward Vaughan fcifed in Fee in 1683, devifcd Lands to his Sifter Dorothy,
afterwards the Plaintiffs Mother, lor Lite, Remainder to Truftees to prefervc
contingent Remainders, Remainder to the Ulc of her firft, and other Sons in Tail
Male, Remainder to the Ufe of his Coiifin Edward ManJiH in Fee, and tharges
tlie Lihitc with a Debt of 1 200/. and dies.
ThePlaintifTs Mother intermarried with Sh Edwirrd Ma>i/vll, and in i68f, tlicv,
with the Remainder-man in Fee, join in a Feoffment, with a Covenant to levv
a Fine to Truftees to the Ulb of the Plaintiff's Father in Fee j and this is cx,prcftcd
to be the Intent that the Fee nmple might be vefted in him, for the raifing of
Money for tlic Payment of the Debts of Ed-ward Faughan the Teltator (whole
Inheritance ii was) by demifing, felling, or mortgaging ine Ellate, or any Part
thereof, a.id for other good Caules and Coiifiderations ; a Fine is levied accord-
ingly at the grand SeliicMis in Carmarthenjhire, where the Lands lay. About a
Year after, the Truftees, to prefervc contingent Remainders, reciting the Will,
Feofitnent, and Fine, convey the whole Eftateby Leafe and Rele.ile to the Plain-
tiffs Father in Fee, Dorctby being then with Child, and then the Plaintiff is born;
alter the Father makes the Plaiiitin Tenant for Life, ^c. and dies.
The Plaintiff brought his Bill to have the Benefit of Mr. luitighau'f, Will, and
infilled on the Breach of Trull ; and tii.it the Parties who claim under the Fine
and Feoftnient, being Parties to the Breach of Trull, ougiit not to take Ad-
vantaj;e of it.
The Defcniiant in his Anfwcr infilled on the Fine and Feoftment. •
The Majtcr of the Rolls decreed lor the Plaintiff li;>r fo much as was not alic-
iu\\.Ldionafdi-, and this Decree wastunfiinicd in Mich, Vacation, 6 Ceo. II. by
Lord
.:ii
) himfelf for
Lemainder to
:e ; and con-
Truftces, for
or preferving
ent Rcnaiii-
ook. Time to
ippcn, wliere
r Settlement j
punifli them,
3n a valuable
t ever decreed
this being the
; fliewn where
ruftecs ihould
t being at the
its.
icttlement was
Remainder to
tnainders ; Re-
" the Marriage,
he Right Heirs
mainderin Fee
jr '\'ears only.
Remainder li-
Reverfion) the
Rolls, that if a
rrult, but this
limitation, and
juity would not
'<.ing, from the
ifter Dorothy,
:ecs to prefervc
;r Sons in Tail
and tharges
in 1685, they,
venant to levy
lis is cxprcflcd
the railing of
;rtator (whofe
or any Part
levied accord-
ay. About a
iting the Will,
to the Plain-
aintiff isbom;
7;/s Will, and
iiider the Fine
to take Ad-
Of BANKRUPTCY.
Lord Chancellor King, aflifted by Lord Chief Juftice Raymond, and Lord Chief
Baron Reynolds, as before mentioned.
A Man had devifed Lands, which were in Mortgage to be fold, and the Surplus
of the Money to be paid to his Daughter ; the Daughter married a Man who
foon after became a Bankrupt, and the Commiflioners afligned this Intercft of the
Wife's. The Hulband died, and the Aflignees brought this Bill againft the Wife
and Truftees, to have the Land fold, and the Surplus of the Money paid to
them. But the Court would not affift in ftripping the Wife (who was wholly
unprovided for) of this Intered, but difmifTed the Bill.
5^7
At the A'o/7,
I'li'irr a
Dyit,.
B
Of PoJJibilities.
Y this Statute it is enadted, that the Bai'.krupt is to difcover to the Commif- 5 C"- "•
fioncrs upon Oath, fuch Eftate and EfFefts as he may have any Profit, or '"' '"
Poflibility of Profit, Benefit, or Advantage whatfocver by.
And a Poflibility is defined to be fuch an uncertain Thing as may or may not 1 ^i"- if'''-
happen ; but it muft be fuch a Right, according to the Cafe of Higden and ^'*"'
WtUiamfon, as a Perfon may lawfully depart withal, and of which, by fome Deed
or Writing, he may have a Poflibility one Time or another to enjoy.
But if a Bankrupt hasRelations, who may poflibly provide or not provide forhim,
as they fliall think fit ; this uncertain Poflibility is no Part of the Bankrupt's Eftate,
and if he obtains his Certificate, will not pais to his Creditors ; becaufe he had
it not in his Power to part with his Relation's Fortune, nor could he tell what his
Will or Intention might be, or whether he would give him any Thing or no.
William David/on having devifed a Legacy of 600/. to his Son, payable at twen- //// Term,
ty-one, for which he had obtained a Decree, and 637 /. reported due ; before he '"°',:^ ^
received the Money he became a Bankrupt, and ^he Commilfioners afligned the cvc^/. ? /'"».
Legacy and Benefit of the Decree. R«P- 432-
The Bill was brought by the Aflignees to have the Benefit of the Decree ; to
which the Defendants (the Executors) demurred -, infilling that a Legacy was
not within the Compafs or Provifion of any of the Afts made againfl: Bankrupts,
to be afligned to the Creditors.
But the Demurrer was overruled; and faid, that the Aft of Parliament ought
to be taken in the moft beneficial Senfe, for the Advantage of the Crei!itors.
Of Interefls which have been determined not to center in the Bankrupt.
TH E Defendant, upon Marriage of his Son, fettles Lands upon himfelf for J"' ''
Life, Remainder to his Son for Life, Csfc. and covenants, during his own ,V
Life, to pay his Son 1 5 /. per Ann. The Son becomes a Bankrupt ; the Plaintiff, Rep
as an Aflignee, brings the Bill againft the Defendant (the Father) to have the
Benefit of this Agreement, and to compel Payment of the 15 /. per Ann.
Per Curiam : An Aflignee, under a Statute of Bankrupt, is not entitled to
have the Performance of an Agreement made with the Bankrupt ; and that it was
fo adjudged in the Cafe oi Drake and the Mayor of Exeter. And therefore dif-
miflcd the Bill.
Coates, poflTefled of a Leafe of Years, contradled with the Committee of the
Company for a new Leal'e, and paid Part of the Fine ; and, by Coates's Confent,
a new Leafe was made to Moje by the Company, and to him executed. Coates
was at the Time of Treaty a Bankrupt. The Queftion was, whether the Com-
milfioners could aflign the Leafe to the Prejudice of MoJ/e, and Drake's Cafe was
cited.
The Lord Keeper ordered thtt the Plea and Demurrer be ouflied, and the Bene-
fit thereof laved till the Hearing ; he doubted of the Leafe : There were other
Matters for the Benefit oi Moffe alio in the Plea.
mm
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■0
1690.
;t V I it'
2 i'ern,
•94
was not alie-
6 Ceo. 11. by
Lord
«/
5^8
Of BANKRUPTCY.
m
PiMv-
t^th' CreStors; wbo are futi, and therein of proving their Debts, an'd how Notice
vf their Meetiag istohe given ; tnid of Debts due to the Crown.
E'
5 CjVj. U. c
30. S. 22.
• g ft). II.
Sir Gttrgt
Kituland, y
al. againft -•
I Pf,r (////.
92. Ettflir
Term, 1706.
yiitk. 1721.
OrUhar a
Fltlcher anJ
the Duke uf
Kini.
737, Cafu
212.
VERY one to whom the Bankrupt is indebted, either on Bonds and Notes,
or by Book-Debts or 6mple Contradls, by Rccogni7anccs, Statute Staple,
or Judgments, Specialities with Penalties, Attachments, and Securities where
no Execution is fuer' yut, are Creditors, and have a Right to a Share in the Bank-
rupt's Eftate.
Creditors on Bond^. or Notes, by Book-Debts or fimple Contraft, arc equally
entitled to a Dividend under a Commiffion of Bankruptcy, with Creditors by • idg-
ment, Statute, &c. and Creditors that have Debts due \r> them payable at a future
Day, may petition, or join ir> petitioning, for a Commiffion.
JBut Creditors upon contingent or uncertain Debts, or upon Bottomry Bonds,
could not come m as Creditors, or prove their Debts, till fuch Contingency hap-
pened, before paHlng the fubfequent AO, vix.
And as Merchants and other Traders frequently lend Money on bottomree, or at
Rejpondtntia, and caufe their Veffels with their Cargoes to be infurcdj and where
Commifljons of Bankruptcy have ifliied againft the Obligor, or the Affurcr, &c.
before the Lofs of the Ship or Goods have happened, it hath been made a Queftion
whether the Obligee, or thi Affured, (hoiild be ?' t in to prove their Debts, or be
admitted to have any Benefit under fuch Commiffion, which may be a Difcourage-
ment to Trade : For Remedy whereof, it is eneiBed, that from the 29th of OSlobe)-,
1746, the Obligee in any Bottomree or Refpondentia Bond, and the Affured in any
Policy of Infurance made bonajide upon a valuable Confideration, fliall be admitted
to claim ; and after the Lofs or Contingency, to prove the Debt thereon, in like
Manner as if the fame had happened before the Iffuing of the Commiffion of Bank-
ruptcy; and fhall receive a proportionable Dividend with the other Creditors of the
Bankrupt's Eflatej and after the faid 29th of O£iober, every Bankrupt fliall be dif-
charged from the Debt on fuch Bond and Policy of Infurance as aforefaid, and fhall
have the Benefit of all the Statutes againfl Bankrupts, in like Manner as if fuch
Lofs or Contingency had happened, and the Money due thereon had become pay-
able before the Time of the Iffuing of fuch Commiffion.
One feifed of Lands in Fee, owes a Debt by Statute, and afterwards becomes a
Bankrupt, and the Creditor, by Statute, extends the Lands, then a Commiffion of
Bankruptcy is fued out; and whether the Lands fliould be liable to the Statute
Creditor, was the Queflion.
This was referred by Lord Chancellor to the Judges of the Common Pleas, who
held that a Creditor by Statute, and a Statute not fued, and executed before the
Bankruptcy, Hiould come in only pro rata, though there were Lands in Fee bound
by the Statute.
In February 1716, the Defendant F/r/cv6<"r, being feifed in Pec of fome Lands in
Bedfordjhire, borrowed 1500/. of the Plaintiff Or/f/iar, (one of the Mafters in
Chancery J on a Judgment afterwards, viz. Auguji 20,1717, the Defendant Fletcher
articled with the other Defendant, the Duke of" Kent, to fell the Premifes to the
Duke in Confideration of 5000/. to be paid down, and 650/. to be paid at Chrijl-
mas then next; the Duke to be let into Poffeffion at Michaelmas; fubfcquent to
which Tranfaftions, the Defendant Fletcher becoming a Bankrupt, the Plaintiff,
Mr. Orlebar, brought his Bill againfl the Duke of Kent, Fletcher the Bankrupt,
and the Affignces under the Commiflion, praying that the 650/. remaining in
the Duke's Hands might be paid to the Plaintiff towards Satisfaction of his
Judgment.
In the principal Cafe the Court faid that the Duke could not be deemed a Pur-
thafer until he had paid the 650/. which remaining in the Duke's H.-nids, was Part
of the perfonal Eflate of the Bankrupt, and mufl be liable to his Creditors.
Wherefore, per Curiam, let the Aflignces convey the Premifes in Fee to the
Duke of Kent, in the fame Manner as the liankrupt had articled to do, they Hand-
ing in his Place; and in Confideration of this, let his Grace pay the 650/. to the
Affignces, for the Benefit of tlie Creditors; and as to the Plaintiff Mr. Or-
S lebar,
Of BANKRUPTCY.
5^9
lebar, the Judgment Creditor, he niuft come in for a Proportion only with the
reft of them.
A. draws a Bill payable to B. on C. In Holland ioT i oo/. C. accepts it; afterwards Eypane Py/-
A. and C. become Bankrupts, and B. receives 40/. of the Bill out of C's Eftlc'ts, "'"','.,,■ ,,
after which he would come in as a Creditor for the whole 1 00/. out of A\ Etfedts. g.j.'h,/ i\
B. permitted to come in as a Creditor for 60/. and t!ie M.iftcr diredled to fee whe- i?^'., '•o;<l
ther the other 40/. was paid out of A\ Effcdls in C's Hands, or out of C's own '^'""•'J-"-'-
Effcdts; if the latter, then C. is a Creditor for this 40/. alfo, but if out of y^s Ef-
fects, then the 40/. of the 100/. is paid off.
A. gives a Promiflbry Note for 200/. payable to B. or Order; B. endorfes it to F.vPmti it-
C. who indorfesit to D. A. B. and C. become Bankrupts, and D. receives i^ve^ip''' •''''''
Sliillings in the Pound, on a Dividend made by the Aflignees againll yl. D. fhall /. ,' ^r ivrm,
come in as Creditor for 150/. only out of jB's Effetls, and if D. paid Contribution 7-r. l. c.
Money for more than 150/. it fliall be returned. " "■^''
Fnincis A^f/w^vr Efq; (Son and Heir, and alio Executor of AVtZio/iJ^ Vrnaker, his f,v,„,,,/V/ra-
Father) Plaintiff, fued the Commiilioncrs and Aflignees of a Statute of Bi'.nkruptcy ^" Eiq; v.
againft one Shctbury, to be let in to pay his Contribution Money, and to have a |,'iq! y a/.
proportionable Benefit of the Bankrupt's Ellatc with the reft of the Creditors. >/«//» i'<.r-
The Cafe was, that Shclhiiry, who was a Scrivener, and Agent for the Plaintiff's 'f['f''i"l(:^^'
Father, had got feveral thoufand Pounds of the Father's Money in his Hands, for .; cv.'!!.
which he had only Shclhiiry 9. finglc Bond, on Ibmeof which he got Judgment and
Execution on Shi-Jl)ury% Goods, which were appraifed, and Part thereof came to tiie
Father's Poffefllon in his Life-time, or to his Bailiff after his Death, and were fold
by them. That a CommilTion of Bankruptcy was fued out againft the faid Shdbury
by the Defendants, who pretend that Sbfllmry had committed an Adt of Bank-
ruptcy before the Father had obtained any Judgment againft him.
That Leefon and Nnjl: had brought feveral Actions againft the now Plaintiff and
his Truftees, in three of which Adlions they were non liiited ; that in anofhcr Ac-
tion he had obtained aVcrdidt for 920/. llnce which the Plaintifi", before any Af-
fignment of the Bankrupt's Eftate, hath offered to pay his Contribution Money, be-
ing a Creditor for above 6000/. The Commilfioners infift that they found Shclbury
a Bankrupt before the Father's Judgment, and the Affignees fay that they have re-
covxred againft the Plaintiff" 53/. Damages, in an Adlion of Trover, for Shctlmry's
Goods in his Hands, &c. But now the Council for the Plaintiff' of^'cring that he
fliould ftand in his Father's Stead, and be accountable for all that the Father had
received of the Bankrupt's Eftate, and that he fhoulil pay a rcafbnable Proportion
of Contribution Money, fo that he might be let into the Statute, wliich Offers the
Court decreed fliould be accepted, and he admitted a Creditor accordingly.
The riaintifTs lived in Gloucefterf.iire, where alfb one Blithe \\\cA, who owed /^'V.i/'' 'sr
them Money, and having committed fome Adls of Bankruptcy, he afterwards ' ' '^'J'"^
came to an Accoimt with the Plaintiffs, and fold them feveral Parcels of Gootlb in / ' "" " '
Satisfadtion of their Debts.
The Defendants lived in London, to whom alfo the faid Blithe war, indebted
and they having employed a t'_.:on todifcover his Ellate in the Country, and how
it had been difpofcd, and to procure the fame to be diilribated equallv amongft
all his Creditors; it wasatlaft agreed amongfl; them, that the Plaintiff fluHild
wave the Difooflil of the Goods to them already made by the faid Blithe, and tliat
they fliould fiave an equal Diilribution with the Defendants, in Proportion to
their refpedlive Debts ; and for that Purpofe, that a CommUUon of Bankruptcy
fliould be taken out at London, and executed there, and all the faid Debts put
in Hotchpot.
Accordingly a CommifTion wa? executed at London, btc without giving Notice
thereof to the Plaintiffs, or any Commifiioncrs k iit into the Country, to join with
the others therein, in order to a perfcdt Dillovery of the faid Blithe'^ Eftate, as
agreed on. • .
And afterwards the Defendants prevailed with the Commitrioners in London,
within a Month after 'he Execution of the Commiirion, to ;r.akc an Affignment
and Dividend of the faid Bankrupt's Eftate, contrary to the faid Agreement: in-
tending thereby to exclude the Plalntifis ; and now refule to let them come in tor
tiieir Shares, though they have offered to pay their Contribution Money, and
6 T Prop'jriion
J 20. M.i.
16 7. 29
• 4 -I' (
mm
^ (
■r.n
.h'^'
KvV^
53°
Of BANKRUPTCY.
hlith. 7 Gio.
II. Brajfey a
* -
1
i^^v
■! m1
>
1
» 1 ■•<
Si- \'
< f
^■t
Proportion of the Charges of the Commiflion ; but have brought Adions of 'Tro-
ver for the Goods fo fold and delivered by the laid Blithe.
To be relieved againft which Aftions, the Plaintiffs h;ivc brought this Bill ; and
that the faid Agreement might be performed, and the Dividend made aniongfl the
Defendants befetafide, and that the Plaintiffs may be let in to have aa equal Di-
ftribution with them.
All which Matters appearing to the Court, though the Defendants denied tlic
faid Agreements, yet fuch Relief was decreed, as the Plaintiffs had prayed.
An Adtion was brought by the Plaintiff (an Affignec under a CoinmilTion of
Bankruptcy) againfl the Commiflloners of Land Tax. In this Cafe, one I<ar-
\>''io{"''L^ /ow was a Colleftor of the Land Tax, and had colledled a great deal of Money for
J?<j>JrW. the publick Ufe, and on July 7, 17^1, abfconded and became a Bankrupt; ami
on the 1 6th of the fame Month and Year, tlie Commifiioncr.s brought tlieir War-
rant, and feized his Goods, ^c. after a Commiffion was taken out, and Afiiguec;
appointed. This Cafe was tried before Lord Raymond, and Verdidl given for tlic
Plaintiff, fnbjcdt to the Opinion of this Court.
Seijeant D. The only Qii^ftion in this ( afe is, whether the Aft of Bankruptcy
fo took away the Property of the Goods before Affignment, as to mr.kc them
ceafe to be his ?
C. J. If an Extent be ilTued out, nay, only one tefted, before the Goods, SSc. are
affigned, that Extent will be good.
D. That is a prerogative Cale, but this is in the Cafe of a private Pcrfon. In
C. B. in London, 3 Geo. II. Andrews and Sif Mathew Decker s Cafe was tried ;!t
' Nifi Prius, before Chief Juflice Eyre, and the Adtion was brought againit Sir
Mathew for a falfe Return to a Fieri Facias, viz. nulla bona. It appeared on E , i
dence, that Goods of the Defendant were in thcHoufe at the T\mcoi thcRetur, ,
but that the Party whofe Goods were to be taken, became a Bankrupt before the
Writ was delivered to the Defendant, and that a Comniiflion was iffued r.?ainir
him, but his Goods were not afUgned over by the Commillioncrs Here the
Commiflion was held to be a fufHcient Proof of his being a Bankrupt.
Serjeant £. This Cafe concerns the Crown, and therefore the Property is not al-
tered till Affignment, and an Extent in Aid executed before the Aflignintnt, i;
gr.od; fo in 3 Keb. 14. The Crown is not bound by Statutes relating t) Bank-
rupts; fo Sir fVilliam "Jones 203. An Extent and a Warrant from the Comniif-
fioners of the Land Tax, alters only the Manner of colledting the Money of the
Crown. By the Statute of 3 Geo. II. fol. 25. if any Colledtor refufes to p.iy the
Money which he \\^<^ colledtcd, any Commiflioner may commit him, antl fcizo
his Efiate ; and this is a new Law, and fhall controul all the former Refolutions.
3 L(T. 69. 191. iS'. C.
D. This Cafe does not concern the Crownj for by the Statute 3 Geo. H. fol. i S'.
it appears that the Seizure of the Colledtor's P2flatc is for the Benefit of tlie Parifh,
which is anfwerable for the Money at all Events; therefore the Pariih Is to re-
turn to the Commiffioners fubftantial Men to be Collcdlors and Afleffors, and
the Money coUedled comes not to tlie Crown till it is paid into the Hands of tlie
Receiver.
C. J. In this Cafe are twoQueftions, the firfl is, whether if this be the Cafe of
a private Perfon, what Effedt an Adt of Bankruptcy has on the Goods in that Cr.fe,
before an Affignment ? In the Cafe of a private Perfon, 'here is no adlu.nl vcflin>;
the Bankrupt's Eftate before Affignment, becaufe the Commiffioners have only ,1
Power of Dif'pofal; but after Affignment they vef. to many Purpofes by relation
from the Time of the Bankruptcy, as to avoid the Adls done by the Bankrupt liiip-
felf; and therefore I think if a Judgment be given againfl one before a Bankruptc y,
and the Execution be completely executed by Sale of the Good? and Paymer.t «f
the Money over before the Affignment, that the Exc( .ition will be good. But here
in theCafeof aprivate Perfon the Execution would nc f be completed, for the Goods
were net difpofed of by the Officer before the Affignment ; and then I think tlii:^
Commiffion will over-reach it. So the Qucition is, whether this is a prcrogutiv;•
Cafe.'' And it leems to me that it is; for though the Money wiien levied is to be
applied to the publick Ufe, yet it is always conhdered as Money of the Crown ;
therefore it is always recovered by the prerogative Power; unl I think It liard to
Adions of Tro-
ht this Bill ; and
lade aniongn: the
ive a:i equal Di-
dants denied the
d prnycd.
a CommilTion of
Cafe, one Far-
^al of Money for
Bankrupt; and
light their War-
it, and Afligncc;
id given for tlic
£t of B.Mikrnptcy
i to niiike them
e Goods, Gff. arc
/ate Pcrfon. In
L'afe was tried at
.t':'ht ai;al:il1 Sir
ipprared on E, i
le of the Ri'tur, ■,
kriipt before the;
/as ifTued ayainft
incrs Hero tlic
rupt.
i-operty is not al -
e Aflignincnt, i;
clatinsi to Bank-
m the Comniif-
ic Money of the
fiifes to pay the
; him, and fcizo
ner Refolutions.
G?a. II. fol. iS'.
fit of the Parifh,
Parilh is to re •
d AfTeflbrs, and
e Hands of the
is be the Cafe of
3ds in that CV.fe,
10 adiial vcflini:
lers have only a
ofes by relation
Bankrupt liim-
e a B.uikruptt y.
and Paynier.t of
good. Rut here
d,for the Goods
hen I think tliu;
is a prcrogiLtive
\ levied is to be
of the Crown ;
think it hard to
inuvinc.
Of BANKRUPTCY.
531
imagine, that the fummary Remedy given to the Commiflioncrs by the Statute of ^
Geo. II. rtiould put the Crown in a worfe Cafe than it was before ; and if an Extent
in this Cafe had been fued out, the Goods would have been bound even from the
feji of it ; and there could be no Relation.
The Queftion here is, whether this Warrant can have the fame EfFeft as an Ex-
tent would have had? As to the Parifli being liable, that makes not lefs the Money
of the Crown than before, for that is only giving the Crown a double Security for
the Money. And in the Cafe of Box and Norton, it was held, that an Extent and
E.xecution, after Aflignment, would be good : The other Jutlges faid little to it.
See Salkt'ld n i . contrary to Andrews's Cafe, cited by DarnaH, and^er Curiam. It
was ordered to ftand over.
J. fells Land to B. who afterwards becomes a Bankrupt, Part of the Purchale 1 ^''». 26-.
Money not being paid. A. (hall not be bound to come in as a Creditor under the '^i^: "'*'+•
Statute, but the Land fliall ftand charged with the Money unpaid, though no -r'^^r" '
Agreement for that Purpofe.
If there be an Aft of Bankruptcy committed, and a Creditor obtains a Judgment Ea/Sr Tertr,
fubfequent to it, now the Judgment is thereby avoided. '3 " ■ ''J-
A. and B. vere Sureties for C. for the Payment of fome Money, and had Counter-
Bonds to fave them harmlcfs -, the Money was not paid at the Day, and the Sure- \f'° ^''^'
ties paid it, and afterwards C. became Bankrupt ; the Queftion was, whether ojUm i^ „i.
they were Creditors within the Statute, and it was rcfolved that they were ; and * ^'""''""■"•'•
fo it has been determined in feveral fubfequent Cafes.
No Commiflion of Bankruptcy can remove or . .ry away any Goods belonging
to a Bankrupt, till all the Rent due to a Landlord is paid, although there be feveral
Years in Arrears, provided the Landlord feizes for Rent before the Goods are re-
moved J but if the Landlord does not feize before the CommiiTion takes the Goods
oft" the Premifes, he muft then come in as a Creditor with the reft of the Bank-
rupt's Creditors.
Alfo if there are not fufficient Goods upor. the Premifes to pay the Landlord's
Rent, he can only take what Goods there are, and after they are appraifed and fold,
as the Law in Cafes of Diftrefs for Rent direfts, then the Landlord may come in
as a Creditor for the Rent remaining due, with the reft of the Creditors.
All Debts due to the Crown are preferable, and to be paid before any others, ex-
cept where an Eftate or Intereft is incumbered, conveyed, or conligncd, prior to fuch
Debts due to the Crown 5 and in the Cafe of a Lanilord, where a Years Rent is
to be retained before an Extent can take Place.
And in the Cafe of a Commifiion of Bankruptcy, if an Extent is taken out the
fame Day and executed with the Commifiion, the Extent Ihall take Place, and carry
away the Effedts before the Commifiion; and according to the Cafe of BraJJ'cy and
Dawjbn (hereafter mentioned) an Extent fliall take Place from the TV// of the Writ,
though not executed till fome Days after a Commifiion of Bankruptcy ; and not-
withftanding an immediate Affignmcnt has been made of the Eftate and Effefts.
But if an Afiignment is made before the Execution, or the 'fejl of the Extent,
fuch Aflignment takes Place before the Crown, and the Crown can then only come
in as a Creditor, pari paJJ'u, with the reft of the Bankrupt's Creditors; which the
following Cafes will make appear.
Mr. Sollicitor prayed the King's Procefs might take Place againft the Afilgnee of ^},„i, , c;,^.
Commifiloners, the Defendant being a Bankrupt; wliich by the Court cannot be, «'. jA'//,,4.
unlefs Seizure be made and returned by Inqueft before the Aflignment; alfo this l^^'Ji^^
being not an immediate Debt, but in Aid of Receivers, who were jointly bound w ... kld.
with Mo>tk, the Court refufed to deliver Money, till an Inqueft be returned of this ';i- P • '■
particular Debt, though Clayton himfclf was Sheriff", and would return none ;
and an Adjornator till Notice to the King's Attorney.
Mr. A ttorney Finch prayed, that Money of the PlaintifTs, being a Bankrupt and !^h:k .1 r .,
an immediate Debtor to the King by Returns of Money froin the Commiflioncrs of '"' ^^ -^
the Excife (which in Truth was from one Thijllewait a Collector) might not be ' '
delivered out of the Court to the Aflignee of the Commiflioners. On Noriciib's
Cafe 4 Car. I. in the Exchequer, that the King in fuch Cafe fliall be firft latisficd;
contrary, where his Debt is but in Aid of another. But it was not allowed, but
the
■'■■ BM-iii
'i^m.
r:V:
* .1
i
mm
t *?-■>'..
m.y
53a
?c«. ir.c.
30. S. 26.
Of BANKRUPTCY.
the Money ruled to be delivered to the Aflignecs, and that the King ni:»y by 6V/;v
Fflt." s againft them recover it. •
The Commiflioners fliall forthwith, after they have declared the I'crlun a Uanli-
rupt, ca'.fe Notice thereof to be given in the Gr/xv//i', and lli.'ill appfiint Time and
Place for the Creditors to meet (which Meeting for thj City ui Lomloii, and all
Places within the Bills of Mortality, (hall be at Guildhall) in order to cirjle Alli^-
nees; at which Meeting the Commillion-rs fliall admit the Proof of any Creditor';;
Debt that fliall live renio^nfrom the Place of fuch Meeting, by Ailid;ivit ot foknin
Ailirniation, and permit any Perfon duly authorifcd by Letter of Attorney (CXuh
or AftirnuUion bp'"~ r^ndc of the Execution thereof, cither by an AflRlavitfworn,
or Aftinnation made befo.': a Mafler in C/wKfoj, ordinnry or cxtKioiJinary, or
before the Commifl'ioncrs vira -coce; and in Cafe of the Creditors rcfiding in Fo-
reign Parts, fuch Affidavits or AfVirmaticns to be made before aMagiflratc, where
the Party fliall he refiding, and fliall together with fuch Creditors Letters of At-
torney, be attefled by a Notary Publick) to vote in the Choice of Atligntes, in the
Place of fuch Creditor.
IT' f
An Oath of a Creditor for proving his Debt before the ComtiilJ/ioners,
' 'yjOU fliall fwear that C. D. late of Gfi-. at the Time of his becoming a B.ink-
• ■'■ rupt was juilly and ^owa/f'i/c indebted to you in the Sum of &c. and that
' you iiavc not fnicc that Time been any ways paid or fatisfied for ;hc fame or any
' Part thereof."
Note, every Man is to fubfcribc his Debt, and the Commiflioners arc to enquin^
whether the Debts were contradled during the Trade.
Where Copartners are Bankrupts, having joint and feparate EJlatcs and Creditors.
KL/hterila /^F two Partners, Brewers, the one become Bankrupts, and the whole Debt was
^'sf"v Ro i^lligned over; but it was rclblvcd that the Allignec fliould only recover a
*o;. Ea/i,r Moiety, becaufe only one Moiety pall by tiie Aflignment.
''"«'"'• 32 '-■'""• If tnere are Accounts between two Merchants, and one of them becomes Bank-
liiiJ. 85'. •""?' » *^^^ Courfe is not to make the other, who perhaps, upon ilating the Accounts,
2iy 13;. is found indebted to the Bankrupt, to pay the whole tliat was originally intruilcd
v!:'/\'., -h c ^° ^"'"' '^"'^^ '° P"' '"'" ^"'' '^^'-' l^«-'covery of what the Bankrupt owes him into the
J. iMiJAiLf. fame Condition with the rell of the t reditors, but to make Jiim pay tliat only
which appears due to the Bank-Upton the Foot of the Account, otbericifc it •will
be for Acccunts bein-ixt tbii.i, ajtcr the 'Time of the other's beeoming Bankrupt, if
any fuch were.
li' there be fcveral joint Partners, and a Perfon has Dealings genemlly wltli one
of them in Matters concerning their joint Trade, whereby a Debt becomes due to
tile faid Perfon, // Jhall charge them jointly, and the Survivors of them: But if in
Cafe the Perfon had rather deal with one of them upon his own feparate Account,
he mufl make his Agreement fpeciaily j in which Cafe the Debt fliall be only his
and his Executors, and fliall not furvive.
If one or more of the joint Traders become Bankrupt, his or their Proportions
only are aflignable by the Commiflioners, to be held in common with the rcfl: who
were not Bankrupts.
If there be an A(fl of Bankruptcy committed, and a Creditor obtains Judgment
fubfequent to it, then a Commilfion is taken out ; now the Judgment is thereby
avoided.
If there be feveral joint Traders, Payment to one of them is Payment to all. So
if they all, except him to whom the Payment was made, were Bankrupts, the Pay-
ment is only unavoidable as to his I'roportion. Andiftiiere be fom- Partners,
whereof three are Bankrupts, and their Shares afligned, and a Payment i» made
to him that was no Bankrupt, it is a Payment to all the Aflignecs,' for now they
are all Partners.
iii.!i,ii<t a A. and B. became Partners in fome Iron Mills, and fomc time after v^. alledged
''■Tnv'Eai'iir t'l^i' ^- h^"-! uot brought in his Proportion of the Stock, and had walled the joint
Term," 1691. Stock, for which he brouglit a Bill againft him to be relieved, and the Matter by
Confent
Trill. Term,
i-A f.'rt/.ll.
B.R.
At X.-/IP.i,<
C. Hc'lt. 1 3
//■,//. II I.e.
1:1 i'./;. 4 /j.
ing in:>y by Utirc
■xtKioiJiiiaiy, or
:rs arc to cnqiiu>'
("J- <iiu' Crciiitors.
Of BANKRUPTCY.
53.3
: Opinion ; but
Confent w->s referred, and the Referree awarded that B. fliould (in Confideratioa
of the above Allegations being proved) deliver to A. what remained of the Joint-
Stocki and the Leafe of the Iron Mills to be by him enjoyed to his own Uic, and
general Relcafcs to be given i which Award, after Exceptions taken to it, was
afterwards confirmed and decreed by the Court. B. was afterwards found a
Bankrupt, and the Plaintiff being a Creditor to him bv Bond, had an Aflignment
made to him by the Commiflloners, and brought a Bill to have an Account ofB.'s
EAate that came to the Hands of ^. and alledged if any fuch Award was
made, it was after fuch Time as B. became a Bankrupt j but there nppearing no
Fraud in the obta'ning of the Award, and the fame being in an Adversary Caufe,
and the Award afterwards excepted to, (^c. although B. might be then a Bankrupt,
yet not being known Co to be at the Time of the Award, the Court decreed fuch
Award ought to i" \nd. ^ere, if the Decree upon a Rehearing was not re-
verfcd ?
A. B. and C. were Partners in Trade, and C. embezzles the Joint-Stock, co i- mchanifiin a
traits private Debts, and becomes a Bankrupt : The CommifTioners affign the '"*'^"'. *^<:,
Goods in Partnerfhip, and A. the Plaintiff brought a Bill for an Account, and to Tri,"^Tanu
have the Goods ibid to the beft Advantage, and infifted that out of the Produce ifigv
of them, the Debts owing by the Joint Trade ought firft to be paid, and that out ^oTcohf^l^
ofC.'s Share Satisfadion muft be made for what he had wafted; and that the iiufrrfray
Aflienees could be in no better a Cafe than the Bankrupt, and were entitled only P°''-
to what this third Part would amount unto, clear, after Debts paid, and Deduc-
tions for his Embezzlement. And the Court feemed to be of that
fent it to a Mafter to take the Account and flate the Cafe.
A. and B. being joint Traders, a Commiflion ofBankruptcy ifTued againfl them ;
their feparate Creditor." applied by Petition, that they might be let in for their
Debts upon the refpedlive feparate Eftates of the Bankrupts under that joint Com-
milTion, as the feparate Eftates were of fmall Value, and would not bear the
Charge of t:iking out two new Commiftions againA them refpedively.
The Lord Chancellor ordered them to be let in to prove their feparate Debts ?*;«»■"
upon the joint CommifTion, they paying Contribution to the Charge of it ; and ^ 7>^^"^' 06
diredted, that as the joint or Partnerftiip Eftate was firft to be applied to pay the -- '■"'-''
partnerfliip Debts ; and as feparate Creditors are not to be let m upon the joint
Eftate, until all the joint Debts are firft paid ; fo likewife the Creditors to the
Partnerfliip fhall not come in for any Deficiency of the joint Eftate, upon the
feparate Eftate, until the feparate Debts are firft paid.
Two joint Traders becoming Bankrupts, there is firft a joint Commiftion taken tx parti
out, and the CommifT.oners ^gn the real and perfonal Eftate of them both, or Coo*. t Pen
either of them; and aiterwards feparate Commifuons arr taken out againft them, ^v*'J^;„
and an AfTignment is made by the CommifTioners of thefe CommifTions to other lyzs! L. c.
Affignees, and thefe apply by Petition to the Court, that they might be at Liberty *'"«•
to fue at Law for the feparate Eftates ; but the Lord Chancellor decreed, that
the AfTignment made by the Commifiioners upon the joint Commiflion, pafTes as
well the feparate as the joint Eftate of the two Bankrupt Partners, therefore the
Aflignees on the feparate Commiflions can make nothing of their AAion at Law,
andhe would not fuffer them to fpend the Eftate in vexatious Suits there, but if
they would join in a Bill in Equity for an Account of the feparate Eftates, he
would not hinder them.
It is fettled, and is a Refolution of Convenience, that the joint Creditors fhall be » ''"•»• 7-
firft paid out of the Partnerfhip or joint Eftate, and the feparate Creditors out of c'nJJ'r,
the feparate Eflate of each Partner ; and if any Surplus of tne joint Eftate, befides mentioned
what will pay the joint Creditors, fhall be applied to pay the feparate Creditors
and if a Surplus of the feparate Eftate, beyond what will fatisfy the feparate Cre-
ditors, it fhall go to fupply any Deficiency that miy remain as to the joint Credi-
tors : but for the Eafe of both Parties, let it be referred to a Commiffioner in each
Commiflion, to take an Account of the whole partnerfhip EfFedls, and the feparate
Eftate and Effedts of each of the Partners ; and if the CommifTioners find any Thing
difhcult, they are to flate it fpecially ; and with regard to the Surplus of the part-
nerfhip EfFefts, beyond what will pay the partnerfhip Debts, and the Surplus of
6 U • the
Mici. Term,
7'S-
6.
before.
M ■I'll
y
fT^;i
ki^
T'-'V'"
}%■
k su ■
l'» J " i
si
:*-1
534 0/ fl A N K R U P T C Y.
the fcparatc Effedts, if any, above what will pay the feparatc Debts, each Side to
apply to the Court for fuch Surpluflcs.
H,lt. Rep. I If there are two joint Traders and one of them becomes a Bankrupt, the Cc^m-
5.1/. 5<). 61. midioners cannot meddle with the Intcrcft of the other, for it is not affefted by
nt."^ the Hankrnptcy of his Companion.
per//*//. C.J. The Defendant ^. being indebteil to the Plaintiffis, became bound to them in
md/.-wi and Several Bonds -, and the laid yl. and the Defendant B. were for fevcral Years Co-
St'mai,. partners, by whofe Articles of Copartnerftiip ^. was entitled to two Thirds of the
»'nT"„^i''' '^^^^'^ ^'°*^^' ^"^ ^' '° °"^ ^''''■'^ • '^^^ ^^^^ ^- ""** ^- ''"^•'"«= Bankrupts, and
cwR^p. a Commiflion was awarded againfl them ; the Commiflioners of the faid Bank-
Mxfffr Tetm, fupts afligned all their Eftate to the Defendant C. and others, refufmg to let the
»5 «"•• '• Plaintiffs (Creditors of the Bankrupts) come in, and intend to divide the Eftate
among the joint Creditors of both tlie Bnnknipts, by Reafon whereof the Plaintiffs
Debts will be utterly loft.
The Defendant infifls. that it was agreed by Indentures of Copartncrfliip,
that all fuc'' Debts ai liould be owing on the joint Account, (hould be paid out
of the joi. '^♦ock ! at the End of the Partnership, each Copartner take and
receive to * . '• • ehis Share of the joint Stock j and that the joint Stock or
Trade fliouii i»H bv cl- Tged with the private or particular Debts of either of the
Partners, bu.' h-^ 1 m !' fhould pay their private Debts out of their particular
Eftates not incu.i.cd in il' >'>int Stock ; that if both of the faid Parties fhould be
living at the End of the hr.i t. ree Years, of the fix Years, that the fliid B. fliould
come in joint Partner accordingly ; and during the faid joint Trade, the Copart-
ners became jointly inil -bted to the other Defendants C. &c. in 6000/. and thaty?.
became indebted to the Plaintiffii as afbrefaid, without the Confent of B. and the
Money due upon the faid Bonds was not brought into the Account of the joint
Stock J and the faid j4. was only a Surety, and received none of the Money ; and
the Defendants infift;ed that the joint Creditors ought to be firfl paid out of the
EAate in Partnerfhip, and that the Commiflioners have no Power to grant the
joint Eftate to pay the Plaintiffs, they being feparate Gi^ditors of yf. and if a Sur-
plus of the joint Eftate, after the joint Creditors paid, then the Plaintiffs can have
but a joint Moiety of fuch Surplus towards thtfir Satisfadlion, the faid JS.'s Moiety
not being liable to pay the faid y1. his feparate Debts j and the Debts then claim-
ing were the proper Debts of the fiiid j4. and yet after all the joint Debts arc
paid, there win be an Overplus, fo that thereby the faid B. will be difcharged
and have Money paid unto him ; but if the Plaintiff and other feparate Creditors
of ^.'s be admitted to the joint Eftate, there will not bcfufficient to pay the ioint
Creditors, fo that thereby not only B.'s EfVate will be applied to pay y/.'s Debts,
but will be liable to the joint Creditors : But there can be no Diviiion of the joint
Eftate, whereby to charge any Part thereof with the private Debts of either Puny ;
and till the joint Debts are paid, and till Divifion made of the Surplus, both
Parties are alike interefted in every Part of the faid joint Stock ; that the Commif-
fioners have no Power by the Commiffion to adminifter an Oath to the Plaintiffs for
Proof of their Debts, they claiming Debts from the faid y/. only, and the Com-
miffion is againft yl, and B. jointly, and not feverally ; and therefore cannot ad-
mit the Plaintiffs Creditors.
The Court declared, that the Eftate belonging to the joint Trade, as alfb the
Debts due from the fame, ought to be divided into Moieties, and that each
Moiety 6f the Eftate ought to be charged in the firft Place with a Moiety of the
faid joint Debts j and if there be enough to pay all the Debts belonging to the joint
Trade, with an Overplus, then luch Overplus ought to be applied to pay the
particular Debts of each Partner ; but if fufficient fhall not appear to pay all the
joint Debts, and if either of the faid Partners fhall pay more than a Moiety of the
faid joint Debts, then fuch Partner is to come in before the faid Comnuflioners,
and be admitted as a Creditor for what he fhall fo pay over and above the Moiety ,-
and was decreed accordingly.
Four Bookfellers entered into Partnerfhip for carrying on a joint Trade, and be-
ing then all in Holland, according to the Cuftom of the Country, appeared before
a Notary, and executed Articles of Copartnerfhip, declaring jointly and fcpar,ite!y,
that each had advanced 24600 Guilders, Total 98400 Guilders, vvhicik bum ,vub
28 March,
Veifr Ga/i
and Jehu
f^taulmi
rUintifTs.
\i)
>ts, each Side to
Of BANKRUPTCY.
535
■ ,,
to pay all the Debts they had then contradled, as mentioned in an Inventory j s** Dufr^.
but no Debts fhould be paid not mentioned in the faid Inventory, nor any Debts Com^au-
•svhich either of the Copartners might contradl on his own private Account \ that wti. ''*''"
a Sum agreed on between them (hould be allowed for Maintenance j and that all
Lofs and G;\in8 Ihould be equally Hiarcd and borne, with other ufual Covenants.
The Copartnerftiip was carried on from November 1725 to May 1728, wlien
one of the Partners, for a Sum agreed on to be paid him, quitted and relcafed
his Claim to the 6ther three, between whom the Articles were continued and
carried on, on the firft Foot, and one of them was intruded with th« Gottis in
Shop and Warehoufe.
But he became profufe, and embezzled the copartnerftiip Stock, and applied the
fame to his own Ufe, and fuffcred the partnerftiip Debts to be unpaid; and hav-
ing contradted private Debts on his own Accou>it, became a Bankrupt, and a
Icparate Comniiffion was taken out againfl him.
The Meflcngcr took Poflcflion of the partnerftiip Goods, and the Commiffionws
executed an Afligninent to the Defendants, who in Confequence thereof took
PofTeffion of the partnership Goods and Books, and received feveral of the partner-
ship Debts, and were getN ing in the reft, with an Intention to apply di«m to tile
Payment of the feparate Creditors, whereas the Goods are copartnorHiip Ooodfi,
and ought to be applied to pay the copartnerfhip Debts, and to make the Plaintiffs
Satisfaction for what the Bankrupt had embezzled for his own feparate tjfe, and
the Refidue to be divided into equal Parts, two Thirds to the Plaintifli; 4r ' one
Third to the Bankrupt, to which he is entitled, anH is to be Part of his '• nr,, .
Eftate ; this was the Prayer of the Plaintiffs Bill, as that the Def«ndantt ri.y^.,
reftrained from felling any Part wkhout the Plaintiffs Concurrence.
The Affignees admit the Bill, and the Articles, that they have taken f'o. ,, . ^on
and fold fome of the Stock with Confent of the Plaintiffs, and have ' . ."irt. ; lUi
Account in the Schedule to their Anfwer, of the Stpck, and fubmit to ap, \ thi
Eftate as the Court fhall dired ; and his Lordfhip was pleafed to d''cree >««! fol-
lows :
1 . That it (hould be referred to Mr. Lighthurn to take an Accb a (tf H>e Lord Tatbit't
partnerfliip Debts received by the Plaintiffs in kiolland. XiKiw.
2. To take an Account of the Partnerftiip Eftate in 'England, received by the
Affignees, or any for their Ufe.
3. To take an Account of the partnership Debts owing by ikvb Bankrupt and
the Plaintiffs.
4. To caufe an Advertifement for the joint Creditors df thft Bai>ki<dpt and
Plaintiffs to come in and prove their Debts.
5. To take an Account of what Embezzlements the Bankrupt has made of the
copartnerfhip Eftate j and in taking Accounts, Plaintiffs arid Defendants to be
examined on Oath, to produce all Books, Gfc. and to have all juft Allowances.
6. That what the Maftcr ftiall certify the copartnerfhip Debts fhall amount to
(hall, in the firft Place, be paid by the Plaintiffs and Defendants to the joint Cre-
ditors in Proportion to their Debts, and as far as the copartnerfhip Bflate in
their Hands will extend.
7. That ifit fhall appear any of the partnership Eftate remans in the Plaintiffs
and Defendants Hands, after the partnerfhip Debts are paid, then the Mafter to
divide the fame into three Parts.
8. And the Plaintiffs are to take two Thirds, and out of the Bankrupt's one
third Part, they are to take what it fhall appear he has embezzled of the partner-
fhip Eftate.
9. And if there fhall be any Refidue of the Bankrupt's thifd Ft*t, after the
partnerfhip Debts, and the Bankrupt's Embezzlements are Alisficd, tbcii tlie
lame is to be paid to or retained by the Aflignees for the Benefit of the Ba^rupt's
feparate Creditors.
10. The Mafter may ftate any Thing fpecially ; and all Parties are to be paid
their Cofts of this Suit out of the copartnerfhip Eflate, to be taxed by the M^er.
On the nth of September, 1742, a joint Commiftion tffued againft Pw^r
Powell and Peter Powell the Younger, oi Exeter, and the Comrtuflioners exe- Dtc. »j,
cuted an Affignment of the Eftate and Effeifls to the Affignees that were chden, U2^J^°I^,
acd Order.
3
. .t
i;r
■■ •) p
If I ^
I' I ".'
I' .' * .1
k4
lit!
■4- '^
^r -^ff.,
mil
It "^ l-fn "
Ik? ' '
536 0/ B i^ N K R I) P T C Y.
A and they, by Virtue of the fiiid Artignmcnt, poflcflcd thcmfclves of all the joint
and fcpante EAaU of the Bankrupts.
An«l the faid Bankrupts, having fcvcral fcparatc Creditors, they the faid Oc-
ditori, in a Petition to the Lord Chancellor, fut forth their faid (everal Ccparutc
Debta, and that they hadappUed to the Couiniiinoners to he admitted Crcditnn,
which they refufcd, as this was a joint Cnnimiflion, and they therefore praycil,
that they might come in and prove their Debth under the fiid joint Coinmiliioi,,
and that the Commiflioners mi^Ia take joint and fcparate Acrounts of the joint
and ieparate Eftates ; and that what fhould be found on fuch Accounts to bdun,;
to the feparate Eftates, might be applied by the AfTignres towards Satisfaction lA'
thci refpcdtive feparate Creditors i and that the Petitioners might be paid tluii
Coftj of the AppUcation by theAfliguces.
, Upon which Petition, his Lordihip ordered as follows :
1. Let the Commillloncrs give Notice in the London Giizftftf, appointin" a
Time and Place, when and where the feparate Creditors of each of the Bankrupts
are to b« at Liberty to prove thofe Debts under the joint ConmiiiTion.
a. Let the Comn^flioners take feparate Accounts of the joint and relpc(flivc fe-
parate jEitete of the Bankrupts, come to the Aflignees Hands, or of any otliers hy
theii Order, or for their Ufe, diftinguifliing the joint and Icparate Eilatc of Pf-.r
Po'joeU, as alfo the joint and feparate Eftate oi Peter Powell the younger, from
each other.
3. That what on fuch Account (hall belong to the Bankrupt's joint Eftate, Hiall
be applied by the AfTignees towards Satisfaction of the joint Creditors ; and in
cafe there ftiall be any Surplus of the joint Eftate, after all the joint Creditors rtiall
be paid their whole Demands, then the Moiecy of the Surplus is to be carried to
the Account of the feparate Eftate, and to be applied to fatisfy the feparate Cre-
ditors rclpeftively.
4. And if there is any Surplus of the feparate Eftates, after all the feparate Cre-
ditors fliall be paid their whole Demands, then fuch Surplus of the feparate Eftates
or either of them, is to be carried to the Account of the joint Eftate, and to be ap-
plied towards Satisfadlion of the joint Creditors j and let the refpedive feparate
Eftates bear a proportionable Part of the Charge of fuing out the Commiflion, and
executing it, to be appointed by the Commiflioners ; and let the Cofts of this Ap-
plication be paid the Petitioners by the Aflignees out of the Bankrupt's feparatt;
Eftate J and let it be referred to Mr. Bennet to tax the Cofts, if the Partiej canm t
agree.
F,h. i74J._ On this Day a feparate Commiflion of Bankruptcy was taken out againft tVilUam
Crifpe, by William Perritt, Plaifterer. CriJ^ was a Partner with Edward Burnaiy,
Efqj and Captain B«»r^^//, in the Undertakingof building of /Jjm/rt^f^ Amphithe-
atre } and this Debt which amounted to 426/. or thereabouts, was Part of a Sum
of Money due to Perritt, for Plaifterers Work done in and about the faid Amphi-
theatre.
Cri/pe petitioned the Lord Chancellor to fuperfede the Commiflion, infifting
that this was a joint Debt, and that he did not owe Perritt any Thing on his fe-
parate Account; on the 18th of Feb. 1742, this Petition was heard before his
Lorddiip, and on hearing Councii on both Sides, and it not then appearing to
his Lordfliip whether Crijpe was, or was not, a Bankrupt, his Lordrtiip did order
the Commiflioners to execu^'; a provifional Afllgnment j and did direct an Iflue
to be tried in an A£Uon of Trover before the Lord Chief Juftice IVilles in London,
wherein the faid WilUam Crijpe was to be PlaintiflF, and fuch Afllgnec Defendant,
and in which the Point of Bankruptcy would come in Queftion.
And on the 9th oijune, 1743, the Caufe was tried at the Sittings in Lomhn,
and by a fpecial Jury, between the faid William Crijpe, PlaintiflF, and IFillidm
Perritt (wno waschofe proviflonal Afllgnee) Defendant.
And the ifluing the Commiflion, the joint Debt of Perritt, the Afllgnment,
and an Aft of Bankruptcy committed by Crijpe, was proved ; and after his Lonl-
(hip had clearly and fiUly fummed up the Evidence to the Jury, it appearing to
them to be a joint Debt, they were pleafed to give a VcrdiCt for the Plaintift"
Crijpe, with 10/. Damages, and 40/. Cofts, and did not find him Bankrupt for
this Debt. But a Point of Law arillng, the Uft Clauic made in the loth Vc.ir
..f
•Ihe Cife of
Mr. miiiam
Cfjje.
)f all the joint
the fald Crc-
evcral (eparatr
ttcil Creditor*,
:rcforc praycil,
t Commillioi),
Its of the joint
lUiits to bclon;<
Satisfadion of
t be paid their
t, appointing; a
f the Bankruiits
ion.
r>d rclpeilivc fc-
ot any others hy
! Ellatc of Pf!,r
younger, from
ointEflate, fliall
reditors ; and in
It Creditors fliall
i to be carried to
the feparate Crc-
the feparate Crc-
; feparate Eftatos,
ate, and to be ap-
efpcftive feparate
Commiflion, and
Cofts of this Ap-
mkrupt's feparate
le Parties cannc.t
ut againA fTil/iiim
/war J Durnaky,
ulagb Amphithe-
^as Part or a Sum
the faid Amphi-
miflion, infifting
'hing on his fe-
leard before his
hen appearing to
ordlhip did order
dirctl an Iffue
Willes in London,
'ignee Defendant,
ittings in LonJs.'i,
tiff, and IFiiiuim
the Aflignmcnt,
d after his Lord-
it appearing to
for the Plaintirt
lim Bankrupt f u
in the loth \<.,ir
Of BANKRUPTCY.
537
i hut that notwithdanding fuch Difcharge, fuch Partners or joint
with fuch Bankrupts, Ihall be and fland chargeable with, and liable to
of Queen AnnewM read, which dcJares, that the Difcharge of any Bankrupt by
Forte of any ht\% relating to Bankrupts, from the Debts owing by him, at the
Time he became Bankrupt, fhall not be conftrucd, nor was intended or meant,
to releafe or difcharge any other Pcrfon or Perff who was or were Partner or
Partners with the laid Bankrupt in Trade, at the Time he became Bankrupt,
or then flood jointly bound with him for the faid Debts, from which he wa«
dilMiarged
Obligors V
Eay Uich Debts, and to perform fuch Contraills, as if the faid Bankrupt had never
ccn difcharged for the fame.
And the Cafe was drawn up, and approved of by the Lord Chief Jufticc for the
Opinion of the Court of Common Pleas.
Where the Qucftion was, whether a feparate Commifllon can be taken out for
a joint Debt, which was learnedly fpoke to on both Sides, but the Court came to
110 Opinion.
And it came again to be argued before the Lord Chief Juftice IFUles on the 3 F,b. 1743*
f une Quedion ; when after hearing the Reafons offered pro and con, by the learned
Council, the Court gave Judgment, and the Lord Chief Juftice delivered its
Opinion ; and his Lordfliip, Mr. Juftice Abney, and Mr. Juftice Burnet, were all
ot Opinion, from the Cafes which had been cited, and the Reafons and Prece-
dents that had been laid before them, that the Commiftion was regularly iftued,
and that a joint Creditor had a Right to take out a feparate Commiftion, and there-
fore nvide the fcllowing Rule.
William Cr'tjfc againft William Per ritt ; ordered, that the Verdift found for the 5W«>i743'
PlaintitF b : void, and that a Verdift be entered for the Defendant.
And on the nth ofJlfuy 1744. P<^rr;/r preferred his Petition to the Lord Chan-
cellor, fctting forth the feveral Steps and Proceedings, and the Determination of
the Court in this Cafe (and Crijpe having, purfuant to his Lordftiip's Order of the
18th oi Feb. 1742, depofited 100 A in the Bank, in the Name of the Accompt-
ant-General, to be placed to the Credit of this Matter, and in order to ftay all
Proceedings under the Commiflion) he therefore prayed his Lordfhip to difcharge
his Order of the i8th of Feb. 1742, and that the Commiftloners might be at Li-
berty to proceed in the Execution of the Commiflion, and that the 100/. paid
into the Bank by Cri/pe, might be paid him towards the Cofts which he had been
put to, on Account of fuing out the Commiflion, and Proceedings at Law.
And on the 24th oi May 1744, fuch Petition was heard before hisLordihipi
and his Lordfliip, after hearing Council on both Sides, ordered that the major *
Part of the Commiflloners named in the faid Commiflion fliould be at Liberty to
proceed in the Execution thereof, and that the 1 00 /. paid into the Bank of Eng' '
land Ihould be paid to Perritt, as Part of the Bankrupt's Eftatc and Effedls.
And on the 26th of May I744» Crijpe was declared a Bankrupt in the Gazette.
How far the CommiJJionersJbali overreach the ASls of a Bankrupt, from the Time of
the ASi of Bankruptcy committed,
J ft, A S to the Bankrupt's receiving Debts due to him from his Debtors.
•**• 2dly, As to his felling his Goods bona fide.
3dly, As to his felling and mortgaging his Lands.
4thly, As to his mortgaging or pledging his Goods.
5thly, As to his paying Debts.
And, I ft, A Bankrupt may receive his Debts after the Adt of Bankruptcy* \'Jat.\,
from fuch Debtors as do not know him to be a Bankrupt and the Payment will C. ■$•
be good.
adly. All Perfons buying Goods of a Bankrupt, not knowing him tobefo, and a 5imv. %^^l
paying for them bona fide, ftiall be received in the Equity of the Provifo, I Jac.l. '"'g"'"^**"*
Cap. 15. ftlffiniRnJ.
And Contracts where there is quid pro quo, the Bankruptcy ftiall not over- 71- /'"■«' »
reach BallarJ,
^^^^^' where it feemi
6 X And to be tiken
that though Gooili were bought and paid for, the}- may be recovered at Law, though not in Equity. FtvMl'% Cafe cited bjf
Lord A'errA. W/x. 149. 3 Arc. (8, 21.
'"^i
^.
^ji- ,,,4,' ,
S38
iqCn. II.
P. $16.
tStrw. $12.
I'l.'
17 if a/
'7JS-
f»ii
0/ BANKRUPTCY.
And tlic Rcafon is tli.it if it was othcrwilc, it would he a prcat Prcjiulicc to
Trade, inlbmuch that it would not be earned on with .my Salcty, and tht- Law
would be a Snare for the Innocent, and fair C'ontrae^or, who taiinut [lollihly have
any Notice of the Al\ of Banlcruptcy i as the following Alilhnd i Kwrly determines.
The Preamble oblcrvcs, that many Perfons witliin the I)cfcii^)tion of, and
liable to the StatuteR concerning Bankrupts, frequently commit Iccrct Aih of
Bankruptcy unknown to their Creditors, and other Perlons with whom they have
Dealings » and after conmutting thereof, continue to appear puhlitkly, and tarry
on Bufmefs, by buying and felling of Goods, drawing, accepting, and ncgociatiiig
Bills of Exchange, and paying and receiving Money on Account thereof in tlm
ufual Way of Trade, and in the fame open Manner as if they were folvi nt and
not become Bankrupt : And as the permitting fuch fecret Adls of Uankruptty to
defeat Payments really made in the Calrs and Circun^ftanccs abovcmentioned,
where the Perfons recei..iig the fame had no Notice of, or were pi ivy to their
having committed any A >^ of Bankruptcy, will be a Difcouragcment to Tr.idc,
and a Prejudice to Credit in general : /.' // tbatj'ort tnotled, that after the 2 th
oi O£iol>er, 1746, no real Creditor of a Bankrupt, in rcfpedt of (loods fold to, or
Bills of Exchange really drawn, negociatcd, or accepted by fuch Bankrupt in
Courfc of Dealing, fhall be liable to refund to the AlTujnces of the Bankrupt's
Eflate, any Money, which before the fuing forth of fuch CommilTiun was really
in the Courfe of Trade received by him of fuch Bankrupt, before lie had Know-
ledge or Notice of his becoming a Bankrupt, or being in infolvcnt Circumftanccs.
3dly, If a Man fells or mortgages his Lands, the Bankruptcy will overreach it,
although the Purchafcr had no Notice of the Bankruptcy, if the Commilliun
ifl'ued within five Years after the Adt of Bankruptcy, bccaufe this is a Mifchicf
which does not immediately concern Trade, and he who buys Land, does it at
his Peril, fabjeA to all fuch Incumbrances as Lands are liable to.
4thly, If a Man mortgages or pledges his Goods after an A«fl of Bankruptcy,
the CommiiTion will overreach it, becaufe the Mortgage or Pawning Goods docs
not immediately concern Trade, as Buying and Selling does, and he who takes a
Pawn does it at his Peril.
5thly, If a Bankrupt pays Debts after the Bankruptcy, the Afllgnccs may re-
cover again the Money ; iS it were othcrwife it would be in the Power of the
Bankrupt to prefer fuch Creditors as he (hould think At, which is contrary to the
Defign of the Statutes concerning Bankrupts, which is to put all Creditors utwn
a Footing.
I
A remarkable Cafe, tried under a fecond Commifjion of Bankruptcy,
ON this Day a Commiflion of Bankruptcy ifl'ued againft Willtiun Kelt of Lon-
don, Merchant, who was found a Bankrupt, and fubmitted to the Statutes,
and finilhed his lafl Examination, but never obtained his Certificate under fucli
Commiflion.
Afterwards he fet up the Trade of a Diftiller near Maidenkead'xn Berkjh'tre ; and
becoming acquainted with one Ajhley, they entered into Copartnerftiip (on the
id of Auguf, 1741) to carry on the Trade of diftilling and redtifying Molafles
Spirits, for five Years or thereabouts, and during this Copartncrfliip, AJb/ty took
oflfall, or moil of the Spirits which Xir// diflilled.
Afterwards fome Difputes arifmg between them, and Ke// being Debtor to
AJh/ey on a feparate Account (exclufive of the Copartnerlhip) Ajl:ley, on the 2d of
fuly, 1742, took out a fecond Commiflion agamft /fc//, and was chofe folc Af-
fignee of his Eftate and EfFedls ; but KcU having in all Refpeds fubmitted to the
Statutes relating to Bankrupts, Afiley and the reft of Ktlii Creditors figned his
Certificate under this fecond Commiflion, which was duly confirmed and enrol-
led J and Afiley fold back to Kdl fcveral Parcels of his Houfliold Goods, and
Part of his Stock in Trade, as a Diftlller; for Part of which Goods Kell paid
Ajhley in Money, and for the Remainder, amounting in Value to 1 00 /. or tliere-
abouts./Cf// gave ApAey a Bond for 100/. dated the 28th oiOSlober, 1742, payable
with Intcreft in fix Months, at five per Cent, and Af:ley promifed to deal with
Kell afterwards.
Then
Prcjiulicc to
pollihly have
y Jcttrmincs,
ition of, aiiil
xrct Adh of
3m ihey have
ly, ami tarry
il ncj^otiatiiig
hereof in the
c foK'i nt and
Jaiikniptcy to
vcincntiunid,
privy to their
•nt to Trade,
ifter the 2 th
ids full] to, or
» Bankrupt in
lie Bankrupt's
iun was really
ic had Know-
-ircumftantcs.
II overreach it,
c Comminion
! is a Mifchicf
and, docs it at
if Bankruptcy,
ng Goods docs
le who takes a
ignccs may rc-
1 Power of the
ontrary to the
rcdilors upon
'UptCJf.
KeH of Lort'
9 the Statutes,
e under fucli
)erkjh'ire ; and
rftiip (on the
jring MolafTcs
p, ^Jhley took
Ig Debtor to
1 on the ad of
bofe fulc Af-
litted to the
Irs figncd his
Id and enrol-
|Goods, and
h Kelt paid
)/. or tlicre-
J42, payable
|to deal with
Then
0/ BANKRUPTCY.
Then A^c7/ again fct un the Trade of aDirtillcr on hiiown Account, and JJhky
dealt with him, and paid him for two I'arccli of Spirits, after the Rate of 4 j. per
Gallon, to the Amount of SK/. 16/.
On the 4th and a8th Days of ylptil, 174^, Kell fcnt JJ}.^tey two other Parcels
of Spirits, at the fame Price, amDuntiiig to" 1H4/. 4/. and AiV/'i Bond of 100/.
being then due to Ap>lfy, and Ktll being unwilling that his Bond (hould be out
againll him, he dcfired jijhliy to pav himlelf out of the (ioods, for the Bond oi'il
Intcrell due to him, and only give ntin the Balance for the Spirits.
But inflead of fo doing, Jp^iy in Eti/hrTcrm, 174^ brings an Adlion againfl
KfH ioT the KoA and Intercll due on the Hoiul, and holds A.V// to Bail j and at
the lame Time by the Mertengcr under the Conimidlon, leizes the Spirits,
amounting to 182/. 4/. as Aflignee under the fccond Commifllon, and he infilled
to retain u\e fame, in Truft for himlelf and the other Creditors of A'i7/, under the
fecond Commifllon, by Virtue of the ninth Claufc of e Ceo. II. .^'/«;y proceeded
in his Adion, and AV// by Way of Set-oft" to the Debt pleaded, that before the
bringing of this AAion, ylj/j/ey was indebted to him in a much larger Sum, viz. in
184/. 4^. for CJcxxls fold and delivered, out of which Sum Ke// was willing to al-
low the Principal and Intereft due to JiJJj/iy on his Bond ; and upon this Iflue was
joined.
Pending this Action Ki-// filed a Bill in Chancery againll Ajkley, and prayed that
Ajhlty tnight difcover, whether he had not agreed to purchafc fuch Goods of him,
and if fuch Goods did not come to his PolfelTion ; and to be relieved in feveral
other Matters complained of in fuch Bill, and that Afljley might be enjoined from
proceeding in fuch Aftion.
To this Bill y^/<;y put in his Anfwer, in which he denied the Spirits were ever
fold to him, or that he ever promifed to pay for them, and he infilled upon his
Right of retaining them as AlTignce under the fecond Commillion by Virtue of
the abovementioned Claufc, AV/Ts Efl^edts under the fecond CommiHion not
amounting to pay fifteen Shillings in the Pound j but whether fuch Goods were,
or were not, rightly feizcd, he was advifed was a Matter ought to be tried at Law,
where Ktll (if at all) had his Remedy ; and the Court did not think proper to grant
an Injundtion, but fcnt the Parties to Law, and then AJhley proceeded in the Caufc.
And on the ^o November, 1743, it was tried before the Lord Chief Jufl:icc Lee
sX Guildhall.
And upon the Argument of this Cafe, it was infilled by the Council for AJhley,
that thefe Goods were not the Property of Kelt, and therefore that he could not
fell them; but that they came to AJhley, as Aflignee under the fecond Commiflion^
That Apiey had the Spirits, but not as a Buyer, and that by the aforementioned
Claufc A'c//'s future Effects were liable, he not having paid fifteen Shillings in the
Pound i and confequently that the Goods belonged to tlie Aflignee, either under
the firfl or fecond Commifllon.
But by Kell'^ Council, it was infilled that Kelt was never dilcharged by the
Aft of c Geo. II. after 24 "June, 1732, except by the lad Commifllon, and there-
fore pofllbly could not be within tne Intent of that A£l, having but once had the
Benefit of it.
That fuppofing KeU'i future Efl^edls had been liable to his Creditors by the
aforefaid Claufe, that Affiley could not in any Manner feize them as Aflignee un-
der the fecond Commiflion ; and if he had a Right, he mull have proceeded in a
legal Way, and have brought his Adion againfl Kelt, and then A/// would have
pleaded his Cert icate in Difchargc of his Perfon, and \tt Ajhlty have taken Judg-
ment againd his Croods, as in the Cafe of an infolvcnt Debtor ; but that this was
by no Means Kelts Cafe, he not being within the Meaning of the Claufe of the
Aft, as having but o"ce had Relief.
And his Lordlhip, after having with great Judgment ftatcd the Cafe (and fum-
med up the Evidence) to the Jury, was clearly of the fame Opinion with the
Gentlemen who were Council for Kelt, that his Cafe was not within the Intent
and Meaning of that Clanle, and that the Taking of the Goods by AJhley, as Af-
fignee, was illegal ; and the Jury concurring with his Lordlhip, found tne Pica of
theDefendantA'«'//tobetrue, as was alledged, and therefore gave a Verdiftfcrhini.
But the L. C. J. ^xvc AJhley Leave to move, if he thought proper, in Arrcllof
Judgment, within fix Days 01 Hillary Term then next } and AJhley not moving in
ArrcR
539
.
<r
I
-::kUI
i
♦ 'l
Mish. Term,
'743-
( I'
540
¥■■'
%^''
b'^»'
liftman X
Va-drput.
I Vtrn 303.
Mil. 1690.
Of BANKRUPTCY.
Arreft of Judgment in all HilUiry Term, the I.. C. J. ordered l\\c Pojlca to be deli-
vered to the Defendant KfU'i Attorney, who thereupon taxed the Cofts at 30/. and
took out Execution againft /Ifiley for fuch Colls, which jifiky paid the laid At-
torney.
And after ^f:h had paid Kell's Corts, in EaJiiT Term following, -^)/^
moved in Arreft of Judgment, and a Rule w:i3 made for KeU's Attorney to attend
with the Pojiea.
And the fame Arguments were made ufe of before the Court of King's- Bench
by the Council on both Sides, as were at the Trial of the Caufe ; but the whole
Court were alfo of Opinion that the Verdid was right, and entirely concurred
with the L. C. J. Lee in his Judgment, and therefore they dillharged the Plain-
tiffs Rule.
And in Trinity Term, 1744, Kell brought an Adion in the Cour'; of Common-
Pleas againft Ajhley, for the Balance of the Sum of 1 84/. \s. due fo*. the Spirits.
And on the 23d of "June 1744, this Caufe was tried at GuiUbaU, before the
L. C. J. Willes, where the fame Arguments were made ufe of by the Council
both for Plaintiff and Defendant, as were infifted on before the L. C. J. Lee, at
the firft Trial, and before the Court of Kin^'s-Bench, on the fpecial Argument of
this Cafe; but the L. C. J. Willes, upon ftating it, and fully fumming up the
Evidence to the Jury, was clearly of the fame Opinion with the L. C. J. Lee,
and the Court of Kings-Bench, and was pleafed to make this Obfervation, viz.
That by the very Claufe in the Aft of Parliament, the Effefts of a Bankrupt that
had received the Benefit of the Aft, according to that Claufe, remained liable to
his Creditors, as before the Making of the Aft ; but that it could never be fup-
pofed that they were liable to be fcized in a fummary Way, without a legal Trial,
by an Aflignec, becaufe nothing was vefted in the Afllgnee but what the Bankrupt
had before he was a Bankrupt, and Kell had not received the Benefit of the Aft.
And the Jury being of the fame Opinion, they tlierefore gave a Verdift in this
Aftion for the Plaintiff AV//, for 54/. i8j-. befides Cofts of Suit; being what was
proved to be the Value of the Spirits, after fomc Allowances were made for
Wafte and Leakage, and after the Bond of 100/. and lutereft v/as paid by Kellto
AJhley.
Of Pallors and Executors becoming Bankrupts, having FffeSls of other Pcrfons in.
their Hands.
TH E Botinelts were confiderablc Merchants here in London, and had two
Bales of Silk configned them by Altcnory and Alteory from Leghorn ; but be-
fore the Ship failed, Advice arrived there, that the Bonnclls were failed ; and there-
upon Altenory and Alteory altered the Confignment of the Silks, and made it to
the Defendant.
On which the Plaintiffs, being Aflignees under the Statute againft the Bonnells,
brought their Bill for a Difcovery and Relief.
Upon the firft Hearing the Court ordered all Letters, &c. to be produced, and
that the Parties proceed to a Trial in Trover, to fee whether the firft Confign-
ment, notwithftanding the altering thereof, and new Confignment made before
the Ship failed, vefted the Property of thofe Silks in the Bonnells ; and upon the
Trial and Verdift being given tor the Plaintiffs, the Caufe now came on upon the
Equity rcferved.
T' ourt declared, the Plaintiffs ought not to have had fo much as a Difco-
very, much lefs any Relief in this Court, in regard that the Silks were the Goods
of two Florentines, and not of the Bonnells, nor the Produce of their Eftefts ; and
therefore they having paid no Money for the Goods, if the Italians could by any
Means get their Goods again into their Hands, or prevent their coming into the
Hands of the Bankrupts, it was but lawful for them fo to do, and very allowable
in Equity.
And it v/as decreed, that if any Thing was due from il>e Italians to the Bon-
nells, that iTiould be paid the Plaintiffs, but they ftiould not have the Value of
the Silks, by Virtue of the Confignment or Verdift, and put the Italians to come
in as Creditors under the Statute of Bankrupts.
A. made
Of BANKRUPTCY.
541
III'
. iii'-l
1
S .'i ^
'/i
S. lo. to govern this
and
f'an I! Ric^*
arr/o 1. Pi. in-
ti!>, /V,/,,-,'
Si"rn:r!<S' / /.
In the Co.n.
A. made a Bill of Sale of fome Leafes and perfonal Eftate to B. and C. in Triifl ''V""'" i '
to pay Ai Debts J B. at firft adled in the Trull, but afterwards C. took the whole ,?,rf '"J'^'
into his Pofleffion, and adted alone, and became a Bankrupt. (.i./r/. \
And A. brought a Bill againft C. and others, to bring C. and his Afllgnees to an ^"'"' ^Z*^^;
Account, touching the perlbnal Eftate of A. fo affigned, in Truft for the Payment icli.i, i if,
of his Debts as aforefaid.
And his Lordfhip declaring, that he thought the 21 'Jac. I
Cafe, difmilTed the Plaintiff's Bill W''\ Cofts.
But farther Argument being granted on the Cafe, his Lorddiip held that it was
not within the abovementioned Claufc and Statute, in regard this Afligmnent
was with an honeft Intent, viz. for the Payment of the Debts of the AfTignor.
And therefore he ordered the AlTignces of C. to account for all the E(t;Ue of
A. which the Court declared fliould not be liable to the Bankruptcy of C
The Plaintiffs brought an Aftion againfl the Defendants, for Money had and
received to the Plaintiffs Ufe 5 and the Cafe was as follows : .
The Plaintiffs being concerned as Partners in a large Quantity of Tar, con-
figned \\.\.o Richard Scott, who was their Fadlor, and Brother to one of the Plain-
tiffs (betwcin which two Brothers there had been mutual Dealings, and Accounts
which were at that Time unfettled.)
The Ship arrived in the Thames, with Goods the from Carolina, on the 22dof ''
May, I739f of which the Fadtor had before received a Bill of Lading, and on the
28th of March following he fold the faid Tar to MefT. Cornelius and "Jeremiah O'wen,
who agreed to pay for it in PromifTory Notes, payable in four Months after the
Delivery of the faid Goods, and that a Debtor 31/. at that Time owing to the
Buyers from the Fador, upon his own private Account, fliould be dcdudtcd out
of the Purchafe Money.
On the ii\.oi April, 1740, the Owners paid the Faftor in Part, by giving him
one Promiffory Note of 66/. 13J. ^d. and another of 102/. bs. Sd. which, with
the 31/. due to them from the Fadlor, amounted to 200/.
On the 3d of Afril following, the Fadlor, Richard Scott, committed an A61: of
Bankruptcy, and on the 4th a CommifTion iffued againfl- him, on the Petition of one
of the Defendants, and the three Defendants were chofen AfTignees, to whom the
Bankrupt delivered up the faid two Notes, received from the Buyers in Part of Pay-
ment for the Tar, and the faid AfTignees afterwards received the Money for them.
Thf. Defendants, as AfTignees, likewife confirmed the Sale of tiie Tar to the
faid Owens, and fettled the Account with them, and received the B;dlancc, bting
378/. 4 s. and there being a Bounty allowed by Aft of Parliament, at lo much fer
Ton, payable to the Importer of this Tar, the Defendmts, as AUignees, did alfb
receive that Bounty, amounting to the Sum of 299/. 3s.
The AfTignees infilled that they, as fuch, were intitled to all this Money, and
that the Plaintiffs mufl come in as Creditors under the Commiflion; and the Plain-
tiffs infifled, that the ^ank.upt being their FslAot, could I'c only conjidered as a bare
Trujiee, and therefore that the Notes delivered up to them by the Bankrupt,
though payable to him or Order, were the Notes of the Plaintiffs, and that the
Defendants receiving the Money for thofe Notes, and alfb the remaining Part of
the Money fnr the Tar, and the Bounty due to the Importer of that Tar, they
reo.i.cd inofe Monies for the Ufe of the Plaintiffs.
1 hiti Caufe was tried by a fpecial Jury, and the Damages were computed at
358/. 10/. and a Verdict ^vas given for the Plaintiffs, fubjcdt to the Opinion of the
Court upon this Queflion.
Wiicther the P' '- -ffs were entitled to fuch Sum of 35S/. 10^. given by the
Vcrdidt, to any, or v. ..at Part thereof ?
And the principal Cafes which were cited by the Plaintiffs, were tho.e of Cope-
man and Gallant, herein beforemcntioned, the Cafe oi V Apojlree v. Le Plaijiier,
which was tried before Lord Holt, where an Adtion of Trover was brought againfl
an AfTignee in a CommifTion againfl one Levi, to whom the Plaintiff had deli-
vered fbme Diamonds to fell ; and this being a Queflion depending upon the
Claufe of I Jac. \ 9 . Seft. i o and ii.it was made a Cafe for the Court of the King's
Bench , and it appearing that the real Property of the Diamonds belonged to rho
Plaintiff", and that the Bankrupt had only a bare Authority to fell them for his
6 Y Uliji
•J ■■ •.-i^i^
., p
S4^
0/ B A N K R U P T C Y.
■
t!^y,
1
f
1
w
' '
p!
-
M
" '
HWv. Mm.
Hoh Rep.
Mith.
3 W. and M.
Com. 1 8;,
Ule ; therefore the Court were of Opinion they v'cre not h.ibic to hi.s B.ink-
ruptcy.
The Cafe of Bwrt/if// and WWet-wxs alfo cited, where, in the Court of CWr^ry,
it was decreed, that the Fadtor was only in the Natureof aTrullcc for his Princi-
pal, and that delivering Goods to him did not alter tlit Property of the real Owner;
and upjn the Argument of this Cafe, the Court took Time tocoalidcr of it, and
fomc 1 imc afterwards gave their Judgment for the Plaintiffs, viz. That the Plain-
tiffs (hould be at liberty to enter upon that Judgment for the Debt and Coils, dc-
dudting thereout the 3 1 /. due from the Fador to the Oiccns.
Motion for a Prohibition to the Ecclcfiaftical Co jrt for granting Adminiflration
to A. where B. was named Executor by the Teftator, lor tliat B. was a Bank-
rupt.
,o;. HoltC.]. The Ordinary is npt to grant Adminiftration, where an Executor Is
'•'23- named; and Bankruptcy is no material Difabillty, heiAsenautcrDroif, and the
Teftator hath intrufted him; but In Cafe oi no n Jane Memory, there Is an abfoluii;
Neceflity to grant Adminillration. A Prohibition granted.
If an E.tecutor becomes Bankrupt, a Legate" Is to be Creditor.
Of cbujing AJ/igturs, and of their Power, and Duty.
5 Gil.
30. S.
'. H- c. \Jt7 ^^^ ^^y Commlfllon of Bankrupt i
.I'o, ij. '^' named, or tlie major Part of them.
ditto, S. 30,
ditto, S. 58.
s IfTued out, the ComniidJoners therein
fliall forthwith, after f!iey h.ive dccl.ired
the Perfon Bankrupt, caufe Notice to be given in the London Gazette, and fliall
appoint a Time and Place for the Creditors to meet; whicli for the City of Loridcn
and all Places within the Bills of Mortality, rtiall be at Guildhiill, in order to chufe
an AiTignee, or Aflignces, of the Bankrupt s Eilatc and Effctils ; at which .^''.^ctin'y
the Proof of any Creditor's Debt (tliat fhall live remote from the Place of the faid
Meeting) fliall be admitted by Affidavit, or if Quakers by Affirmation, or if from
abroad, by Letters of Attorney; and all Creditors who fliall fo prove their Dcbt;^ at
this Meeting, and whofe Debt amounts to to/, or upwards, Ihall be qualified to
vote in the Choice of Affignees, and he or they tliat fliall be fochofcn oy the ma-
jor Part in Value of the Creditors then proving their Debts, fli.ill hnvc an Alllgn-
ment from the Commiflioners, or the major Part of them, of tlic Bankrupt's Eflate
andEffedls.
The Commiffioners have Power immediately to appoint one or more Afllgnees,
if they fee Caufe, for the better fecuring and preferving the Bankrupt's Eltate,
which Affignec or Affignees may be removed or difplaced at the Meeting of the
Creditors for the Choice of Affignees, if the major Part of them then met and
duly qualified fliall think fit, and fuch Affignec or Afli^nec: as fhal! be fo removed
or difplaced, fliall within ten Days after Notice given In Writing by the Aflignce
or Affignees chofen by the Creditors of the faid Choice, make an .\llignnient and
Delivery to the faid Affigneeor Affignees, of all the Bankrupt's Eflate and Effcdt-.
which fliall have come to their Hands and Poffeffion, on Penalty 0^200/. each,
to be diflributed among the Creditors, in the fame Manner as tiie fltnkrujit'.
Eflate fhall be. And the Lord Chancellor has Power, on the I'ttiti'.n of ;ir,
Creditor, to remove fuch Affignees as fliall have been cliofe by t/x ConiiniffiOnci' ,
to vacate the Aflignmcnt, and to caufe a new one to be made.
Affignees have Power to order the Bankrupt's Attendance on them a? often a,-,
thcv think convenient for the Bc^^ne.it of the Kfl.ite, and may have fomc ■'kilful
Accomptant to fettle his Books and Account?, a' d employ fbme faithful Pcrlbn,
to colledl and get in the Debts, but for this lafl they ought to have Security.
Affignees may bring Adions at Law without the Confent of the Creditors ;
though if the Suit in Law is a Matter of Confequcncc, or which may produce ,1
Suit in Equity, they fliould fummon all the Creditors to a Mectina:, by Notice in
the London Gazette, and lay before thein the true State of the Caf;, and take the
Confent of the major Part in Value of the faid Creditors in Writing, to the bring-
ing fuch Suits, and that a fufficlent Sum remain in the Alligiic.s IIand<; to dcfriy
the Charges; and in cafe they apprehend that they fhall not have iiiflirient, thoy
may take an Agreement under the Creditor's Hands to indemnify them, and oblige
themfelves every one to pay his Share, in Proportion to their refpeflivc Debts ; for
Aliignccs
) his Bank-
of Chancery,
r his Princi-
real Owner;
cr of it, and
at the Plain-
id CoRs, dc-
dminiflratioii
was a Bunk-
\ Executor is
)roit, and tin;
is an abfolutc
Tioners therein
J have declared
,ettc, and fliall
City oiLoriii'ii
I order to chul'c
which M^^cti'ip:
•lace of the faid
:iion, or if froin
e their Dcbf; it
1 be qualified lo
ofc:i oy the ma-
havc an AlVign-
ankrupt's Ellate
more Affignees,
iikrupfs Kibtc,
Meeting of the
then met and
he fo removed
by iheAffigncc
VlTignnicnt and
ate and Effcdt-.
nt 200/. each,
liie bankrupt's
ititi'.n of any
C'omJniffioncr'i,
icm a? often as
avc fonu fkilful
faithful Pcrfon,
■t Security.
the Creditors ;
n\ay produce ,1
by Notice in
,f,;, and take the
)g, to thebring-
IIand<^. to dcfr.iy
c uifli< ient, thv-y
them, -ind oblige
aivc Debts ; for
Allignccii
Of BANKRUPTCY.
543
Affignees are not obliged to bring any Suit in Law or Equity (though the Cre-
ditors vote that they (hould) unlefs they are indemnified, where there is any Ap-
pearance of a Hazard.
And the Afllgnecs may, with the Confent of the major Part in Value of the Cre- ^ , jj ^,
ditors who fliall have duly proved their Debts, and be prefent at any Meeting of 30.8. 34.
the faid Creditors, purfuant to Notice to be for that Purpofe given in the London
Gazette, fubmit any Difltrence or Difpute between the Amgnees and any Perfon or
Perfons whatfoever, relating to the bankrupt's Effeds to Arbitration, the Arbitra-
tors to be chofe by the Affignees and the major Part in Value of fuch Creditors,
and the Party or Parties with whom they have the Difference, and to perform the
Award of fuch Arbitrators, or otherwife to compound and agree the Matters in dif-
pute, in fuch Manner as the Affignees (with fuch Confent as aforefaid) (hall think
fit, and the fame fliall be binding to all the Creditors.
The Affignees, by and with the Confent of the major Part of the Creditors in ditto, s. 3;.
Value, who fliall be prefent at a Meeting to be had for that Purpofe (of which
Notice fliall be given in the London Gazette) may make Compofition with any
Pcrfon or Pcrfons, Debtors or Accomptants to the Bankrupts, where the fame (liall
appear neceflary and reafonable, and to take fuch reafonable Part as can upon fuch
Compofition be gotten in full Difcharge of fuch Debts and Accounts.
Affignees fliould be careful in examining the Nature of the Bankrupt's Debts A\xo, s. iS.
to prevent the Statute of Limitation from taking Place. Where it fliall appear to
the major Part of the Commiffioners, that there has been mutual Credit given by
the Bankrupt and any other Perfon, or mutual Debts between the Bankrupt and
any other, at any Time before he became Bankrupt, the major Part of the Com-
miffioners, or the Affignees of the Efl:ate, may fliate the Account between them,
and one Debt may be let againft another, and what fliall appear to be due on ei-
thti Side on theBallancc of fuch Account, and on fetting fuch Debts one againft:
another, and no more, fliall be claimed or paid on either Side refpedtively.
Before the Creditors fliall proceed to the Choice of Affignees, the major Part in ji,to, 3.3:.
Value of the Creditors prefent fliall, if they think fit, drreft how, and with whom
the Monies to be received out of the Bankrupt's Eftate fliall remain, until the fiinie
be divided, to which Rule fuch Affignees fliall conform as often as 100/. fliall be
got in.
Affignees are obliged at fome Time after the Expiration of four Months; and^itto, s. jj,
■within twelve Months from the Time of the Commiffion's Ifluing, to caufe at leafl:
twenty-one Days publick Notice to be given in the London Gazette, of the Time
and Place they and the Commiffioners intend to meet, to make a Dividend or Di-
fliribution of the Bankrupt's Effefts, at which Time the Creditors who have not
before proved their Debts, fliall then be at Liberty to prove them, which Meeting
for London and all Places within the Bills of Mortality, fliall be at the Guildhall,
and at fuch Meeting the Afllgnees fliall produce to the Comn iffioners and Credi-
tors then prefent, juft and fair Accounts of all their Receipts and Payments touch-
ing the Bankrupt's Efliate and Effedls, and the Particulars of all that fliall remain
cutftanding, and fliall, if the major Part of the Creditors then prefent require it,
be examined upon Oath before the Commiffioners touching the Truth of fuch
Accounts. And the Affignees fliall be allowed and retain all fuch Sums as they
fliall have paid or expended in fuing out and profecuting fuch Commiffion, and
all other juft: Allowances on their Account of being Affignees ; and the major
Part of the Commiflioners fliall order fuch Part of the neat Produce of the Bank-
rupt's Eft:ate, as by fuch AccounJs or otherwife fliall appear to be in the Hands
of the Affignees, as they fliall think fit to be divided forthwith among fuch of the
Creditors who have duly proved their Debts under theCommiflion in Proportion
to their feveral and relpedtive Debfs, and they fliall make- fuch their Order for a
Dividend in Writing under their Hands, and fliall caufc one Part of fuch Order
to be filed amongft the Proceedings under the Commiflion, and fliall deliver unto
each of the Affignees a Duplicate of fuch their Order likewife, under their Hands;
which Order of Diftribution fliall contain an Account of the Time and Place of
niak ing fuch Order, and the Sum total or ^^lanttim of all the Debts proved under
the faid Commiflion, and the Sum total of the Money remaining in the Hands of
the Aflignccs to be divided, and how much in particular in the Pound is then
ordered
■''■':W^M
{ :
<----' ^'-j*^*^^g
t 'i''
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-.' I
■',;" !■'■ 'j'^^^^SBR
''■ ' * "''^^B
\ [' ■ *^^3w
•' >r^
' '-m
'1:
Ta
544 0/ B A N K R U P T C Y.
ordered to be paid to every Creditor under the Commifllon ; and the faid Affig-
iiees, in jnirliiancc of fuch Order, and without any Deed or Deeds of Diftribu-
tion to be made for that Purpoft, fhall forthwith make fuch Dividend and Di-
rtribution accordingly, and Ihall take Receipts in a Book to be kept for that
Purpole from each Creditor, for the Part or Snare of fuch Dividend or Diftribu-
tion, which they fliall make and pay to each Creditor refpr 'lively, and fuch Or-
der and Receipt (liall be a full and efFeftual Difcharge to fuch Aflignees.
And the AiHgnecs are farther obliged within eighteen Mouths after iffuing of
5 (7«. ir. c. the Commifllon, to make a fecond Dividend of the Bankrupt's Ertate and Effeds,
IP- s. 37. in Cafe the whole was not divided on the firft Dividend, and (hall caufe Notice to
be inferted in the London Gazette of the Time and Place the Commiffioners in-
tend to meet to make a fecond Dividend, and for the Creditors who lliall not
before have proved their Debts, to come and prove them, and at fuch Meeting
the Aflignees fliall produce upon Oath their Accounts of the Bankrupt's Eftatc
and EfFeds, and what upon the Ballance thereof fliall appear to be in their Hands,
fhall by the like Order of the major Part of the Commiflioners be forthwith di-
viif ed among fuch of the Bankrupt's Creditors, as fliall have made due Proof of
their Debts, in proportion to their feveral and rcfpeftive Debts, which fecond
Dividend (hall be final, unlets any Suit at Law or in Equity pall be depending, or
any Part of the EJlate ftanding out that cannot have been aifps/ed of, or that the
major Part of the Creditors Jhall not have agreed to be fold and dij^ofed of in Manner
iforejaid; or unkfsfome other or future EJlate or Effe£ls ofthej'atd Bankrupt j-all
'afterwards come to or veji in the faid Afjignees, in which Cafe the Aflignees fliall,
as foon as may be, convert fuch future or other Eftate or E^edts into Money in
Manner aforefaid, and fliall within two Months next after the fame "liall be
converted into Money, by the like Order of the Commiflioners, divide the fame
amcngft the Creditors who fliall have made due Froof of their Debts.
If Creditors want to infpedt tlie Aflj,'!;nr-':s Accounts, and are refuf.d b^* ♦kw,
the Court on Petition will oblige the Allignces to fliew their Accourf. acc<-;u!"n;j
to th'j Diredion of the Statutes.
If an AlFignee is guilty of a Breach of Truft, by mifappl/iiig the rcdltofii
Money . ''^cping the Money in his Hands, when he ought 10 h?.vv (divided it,
the Court, on a Petition and Proof being made, will order an Account t* le takea
before the Commiflioners, and to make a Dividend, r id if any inaai Delay
or Neglcdt appears in chem, will oblige them to pay Inteisft and C %.
li Allignecs attempt to fell Eftates at an under Value, or <;u: r lAtc f„.iy .lan-
(!i fliiie Agreement either with the Bankrupt or any otht,. Ptrun, the Court, by
Application, will by Order refv . :! 'em from fdling fuch Eftateo or Interefts,
or remove them.
If Aflignees
■, on Application to the Court,
le Accounts, allowing them all
iffignees to make a Dividend cf
have had Suits in L.tw
the Court will order the C e. niiflior^. ' • d
n.Mroiiablc Coils and Charges, and d.:':c^ ,«*, .1
the Rclidue.
The Court on a Petition will order the Commiflioners to enquire into the jeai
CoiifHitration of Debts and Notes and of ufurious Contracts j and will order tfic
Aiiigiiecs to be i\;(lralned from making any Dividend, till the Commiirioners flial'
have made their L'crtifitate to the Court; and if there appears to have been more
t!un leg.il Inieicfl; received, or any unfair Tranfadions, with regard to the Obtain-
ing or Swelling fuch Debt, the Court, on bringing a Bill, will, by Decree, reduce
I'uch iir.cuniciciitiaui Demand to the Sum which is really due.
1/ ail Affignee dies, the Trufl: devolves to the furviving Aflignee, nr to fuch new
Aflignee as the Court fliall join to the lurviving Aflignee, if the Creditors fliall pe-
tition for the fame ; and the Executor or Aihniniflrator of the dei.eafed Aflignee
mull pay th" Money in his Hands to the furviving Aflignee, and fuch additional
Aincnce (if appointed) or account before a Mailer in Chancery for Alfcts come to
lub k,r her Hands ; becaulc Commiflioners cannot take an Acount of Alfcts.
But if the B.inkrupt's real Ellate is conveyed to Aflignees, and one of them dies,
si is is a Joint-tenancy, nd goes to the Survivor; and he may alone fell fuch an
L.laie to Purtholer J ! ut if both die before any Conveyance is made, then the Heir
at
» , ^^«■■«
i^.-i V'v tK'rt,
545
i.d. r,,//,,',
Mich. Tut •\.
f< . 3S in 41.
lOV.. IF.
1 1 Ni-v.
Bffuiiitiett 3
Of BA^KRUPTCY.
at Law of the Survivor muft convey tofuch nev/ Aflignees as the Court fliall ap-
point, or join with fuch new Aflignees in conveyance to a Purchafer.
If Money is overpaid in Purfuance of an ufurious Contraft, the Aflignees have
a Right to demand and recover it, notwitliftanding the Agreement ol the opprefled
Party to allow fuch Payments. The two Cottons became Bankrupts, and their Af-
fignees brought 1 Bill againft Dajhwood, as Executor of Sir Samuel Dajhrjood, who
had in his Life-time, lent feveral Sums to the Bankrupts upon Bonds bearing 6 per
Cent. Intereft, and had taken Advantage of their ncceflitous Circumftances, and
compelled them to pay 10 per Cent, to which they fubmitted, and entered into
other Agreements for that Purpofe, and continued paying at the faid Rate of 10
per Cent, from the Year 17 10 to 1724; it was decreed at t\\c Rolls', that the De-
fendant fliould account, and that for what had been really lent, legal Intereft fliould
be computed and allowed ; and what has been paid, over and above legal Intereft,
Ihould be dcdudted out of the Principal at the Time paid, and the Plaintiffs to pay
what ftiuuld be due on Account; and if the Tcftator had received more than was
due with legal Intereft, that was to be refunded by the Defendants, and the Bonds
to be delivered up.
A Bankrupt, before he became fuch, having made a Mortgage of his Eftate,
the Affignees of the Statue bring an Ejcdtment for the Recovery of the Lands
comprized in the Mortgage; the .Mortgagee refufcs to enter, but fuffers the Bank-
rupt to take the Profits, and to fence againft the Aflignees with this Mortgage.
Ld. Keeper ordered, the Mortgagee ftiould be charged with tJie Profits from the
Time of the Ejectment delivered.
An AJjignee dying in Debt by Bond.
THE Aflignees under a Commiflion taken out againft /. S. petitioned that /. N.
the Daughter and Adminiftratrix of/. D. (who was thefurviving Aflignee ^^',^'^"^'^1';,,
under the Commiflion) Ihould account before the Commiflioners, for tbc Bank- '
rupt's Eftedts come to her Hands; and an Affidavit was made, that /. A'^. had con-
fefl<;d rtie believed that her Inteftate, the Aflignee, kept the Bankrupt's Money in a
fcparate Bag, with a Note in it, (lie wing it to be fucn; and alfo that the Aflignv;e
left Lands of Inheritance, defcended to /. A', the Heir, which would be Aflets by
Defccnt, to anfwer the Covenant entered into by the Aflignee for himfelf and
Heirs, with the Commiflioners, duly to account for the Bankrupt's Eft'efts.
But againll tlie Petition, it was urged, that this Matter was not fit to br ended
in a fummary Way, but by a Bill to determine it, for that /. N. the Heir and Aa-
miniftratrix of the Aflignee, had made an Affidavit, that flie never confeflcJ tlr^
Aflignee, her Father, kept the Bankrupt's Money in a fcparate Bag or Place, nor
did ihe believe the Faft to be fo ; that the Aflignee, the Father, died indebted by
Specialty and otherwifc feveral thoufand Pounds beyond all his Aflets ; that flie has
jiaid lome Bojids, and Adtions were depending upon others ; that it was
Election to prefer which of the Specialties flie pleafed, and the Comnv
were not proper to determine in a fummary Way, whether tlie Payment
made by the Adminiftratrix, or whicli flie fliould make, were, or woidd
and "legal ; or if they ihould make fiich Determination, this could be no -
ing to the other Creditors ; therefore the Order now deflred.. that the
and Adminiftratrix of the Aflignee, fliould account with the Commiflioi;
be of no ufe, flnce the Creditors might bring their Adlion, or Bill in Ed .; ,
the Daughter and Adminiftratrix of the Aflignee; for which Reafor '.. 1.
cellor ordered tlie Petition of tlie new Aflignees to bedifmifled, and d,
to bring their Bill.
Though Aflignees are generally chole from among the Creditors, and thole com-
monly to whom tlie Bankrupt is moft indebted, yet they may be made ■ otwith-
flanding tluy are no Creditors, nor any ways concerned in the Coniniiliion, pro-
vided the major Part in Value of the Creditors appoint them.
And Aflignees may bring Adions for Debts due to the Bankrupt in their own ,
Names, ?Se. for tliey fliall have the fame Remedy as the Bankrupt liimfH might 1
have had againft his Debtors. But if the CommitVion of Bankruptcy be ■■..: taken 'J'"" ^ ''"/■■
out williin lix Years (the Time direded by Law for fuing of Debts) then ihe De-
6 Z tcndjnt
K tilt ti) a
Mortgage
IIIUI . I , il
!i:'1ikrtipt.
Cho^'ruan a
lanr.r.
I Ve^r. 2">j.
hull. 1 cini;
16S4,
'■:: jarte
54'). T'in.
I'tr.-ii, 1-29;
L. C. Kuig.
her
lers
cady
good
hind-
ighter
would
againft
'.. 1. Clian-
ected them
10;.
'""■•J7-
f\
HI
54^
III.
108,
'^':
5 Crt,
yj.6.
II C.
3''
'^€n|;''
M
0/ B A N K R U P T C Y.
fendant in an Aftion may plead the Statute of Limitations: in cafe the Commif-
fion be taken out within lix Years, and the Alignment made within that Time,
the Statute prefcrvcs the Debt by the Alignment, it being to reUcve Creditors
againft Fraud.
It is a conftant Prafticc to make an Aflignment of the Debts and Eftate of the
Bankrupt to Affignecs in truft for tliemfelves (if Creditors) and tlic other Cre-
ditors ; and it has been held, that where a Commilfion of Bankrupt is taken out,
the Bankrupt's Goods do not thereupon belong to the CommiiTioncrs, for until
an Aflignment thereof is made, the Property is not transferred out of the Bankrupt;
but it is (liid, the Aflignee is in by relation from the Time of the Bankruptcy,
fo as to avoid all n/^ne Afts, but not fo as to be adually inverted with the
Property.
0/ Removing Ajjignees.
IF an AfTignmcnt of a Bankrupt's Eftate .ilready made by the Commiflloners, or
hereafter to be made, puriuant to the Choice of Creditors, fhoiWd be found ne-
ccflary to be vacated, and a new Aflignment made of the Debts and Eflfcfts unrt-
ceivcd, and not difpofed of by the then Aflignees, to other Perfons, to be chofen by
tlic Creditors as aforefaid, it is lawful for the Lord Chancellor, Lord Keeper, or
Commiflloners of the Great Seal, upon the Petition of any Creditor, to make iiich
Order therein as he or they (liall think juft and reafonable; and in cafe a new Af-
flc^nmcnt fliall be ordered to be made, then fuch Debts, Effefts, and Efliatcof the
Bankrupts fli.dl be thereby efi^edtunlly and legally veftcd in fucli new Aflignee or AI-
iignces, and it fliall be lawful for him or them to fue for the fame in their Names,
arid to difihargc any Aftion or Suit, or give any Acquittance for fuch Debts, as ef-
fediiiUy to all Intents and Purpoles as the Aflignees in the former Aflignment
mi<»ht have dor.c; and tlie Commiflioners fli'U cau'e publick Notice to be given in
the"^ two London Gazettes that ihall immediately follow the Removal of fuch Af-
lig'""es and tlie Appointment of fuch others as aforefaid, that fuch Aflignees are re-
movt.', and fuch others appointed in their ftead, and that fuch Perfons as are in-
debted to the Bankrupt's Ertatc do not pay any Debts to the Aflignees removed ;
ani' it an Ifl'ucis direftcd to be tried in tii Time of the old Aflignees, the Court,
on Petiti n, will order the lame Ifliic to W tried by the new ones.
If there is any Injuftice committed by Aflignees, and that they, with the Bank-
rupt's C on.'cnt, wili ailinit of fham Debts being proved, the Court will remove fuch
AlFignecs, and order the Confideratii):! of fuch Debts to be inquired into, and all
Parties to be examined upon Interrogatories, and appoint new Aflignees, and direct
the Comn^ii^ioners to fee what is really due from the Bankrupt's Eftate to his
Creditors ; and alter the Aflignees ure choien, will order Cofts of the Parties fo
uiijurtly aftiii.;, to be taxed by a Mafler and paid by them.
ir Afli;i;necs live at a great Diftance from the Bankrupt's Eftate or Effeds, where-
by fuch Eftate or Eflijcts may be incumbered with heavy Ciiarges, or occafion a
Negled for getting in fuch Effedts; upon the Application of the Majority of the
Creditors ^ \w have proved their Debts under the C ommiflion, and proving the
lame by Aflidavit, the Court will diilharge fuch Aflignees, and diredl anew Af-
lignment to be made to fuch other Aflignees as the Crx-ditors (hall appoint, and
direct that the <>!d Alfignces fhall join in fuch new Aflignment.
If it appears that there are Accounts bt rwecn the Bankrupt .md the Aflignees,
and tliat the Al'lgnees, although there maybe Notes or Bi>nds fubfifting, foas to
entitle them to prove their Debts, yet if upon the Ballance of fuch Accounts, the
Aflignees appear to be Debtor to tbe Bankrupts Eftate, the Court will for fuch
Reaibn remove them.
If there appears Partiality or Unfairnefs in the Choice of Aflignees, the Court
on Petition will remove them.
If it appears that Aflignees have prevented Creditors from proving their
Debts, to make Numljcr and Value fo; the Bankrupt's Certificate, and for tbat
purpok have contclled fuch Debts, and h.;"e refufed to admit them ; the Co^rt
will for fuch l/nfairnefs remove the AfllgnetJs, and admit fuch Creditors to prove
fuch Debts as Ihall appe;ir to be juftly due to them.
¥<naltki
cs, the Court
Of BANKRUPTCY.
Penahies on Perfons concetiltng EffcBs, and pretended Creditors /wearing faljly, and
Allowances made to the DiJ'coverers of Bankrupt's Eff'e6is.
547
I f ' 1' '
.u'm
BY this Statute it is enadlcd for the better Difcovery of a Bankrupt's Eftatc, 5 c.-n. n. c.
that all and every Perfon who fhall (after the Time allowed to Aich Bank- 3oS' 20,21!
rupt) voluntarily make Difcovery of any Part of fuch Bankrupt's Eftate, not be- \yEliz. c. 7.
fore come to the Knowledge of the Ain^nccs, ftiall be allowed 5 per Cent, and '^ ^'
fuch further Reward as the Aflignecs and the major Part, of the Creditors in value,
prefcnt at any Meeting of the Creditors, (hall think fit.
And every Perfon who fliall have accepted of any Truft, or Trufts, and (hall
wilfully conceal or protcft any Eftatc, real or pcrfonal, of any Perfon or Perfons
becoming Bankrupt from his Creditors, and (hall not within Forty-two Days
next a'tcr fuch ComnilTion (liall iiuic forth and Notice thereof be given in the
London Gazette, difcover and difclofe fuch Truft and Eftate in Writing to one
or moie of the CoinmiiTioncrs orAffignces of fuch Bankrupt's Eftate, and like-
wife fi.bmit himfelf to be exatnincd by the CommiiTioners, in and by the (aid
Commiflion authorized, if thereunto required, and truly difcover the fame, fliall
forfeit tlie Sum of one hundred Pounds of lawful Money of Great-Britain, and
double the Value of the Eftate, cither real or perfonal fo concealed, to and for
the Ufe and Bandit of the faid Creditors.
And whereas many Abufes have been committed by pretended Creditors of ' ^"'- "•
Bankrupts, be it enadted by the Authority aforcfaid, that if any Perfon at any ' '^'
Time hereafter, (hall before the afting CommilTioners in any Commiffion of
Bankrupt, or by A(fidavlt or Affirmation exhibited to them, fwear or depofe that
any Sum of Money is due to him or her from any Bankrupt, which Sum of
Money is not redly due or owing, or (hall fwear or affirm that more is due than
is really due or owing, knowing the fame to be not duo or owing, and that fuch
Oath or Affirmation is falfe and untrue, and being thereof convidtcd by IndiSl-
vient or Iuf'onnatian, fuch Perfon (hall fuffcr the Pains and Penalties infli(5led by
the feveral Statutes made and now in Force againft wilfi-' i ujury, and (li all
moreover be liable to pay double the Sum fo fworn or affirmi. u be due or ow-
ing as aforediid, to be recovered and levied as other Penalties and Forfeitures are
upon penal Statutes, after the Conviftion, to be levied and recovered ; and fuch
double Sum (hall be equally divided among all the Creditors feeking Relief under
the (aid Commiiuon.
Where any Perfon (liall fraudulently fwear, or (being ^lakersj affirm, before
the major Part of the Commiffioncrs in a Commiifion of Bankruptcy, or by Affi-
davit or Affirmation exhibited to them, that a Sum of Money is due to him from
any Bankrupt, which (hall in Fad: not be really and truly owing, and (hall in Re-
fpedtof fuch fidtitious Debt (ign the Certificate of fuch Bankrupt's Diicharge, in
every fuch Cafe, unlefs fuch Bankrupt (liall, before the major Part of the Com-
miflioners, have figned fuch Certificate, by Writing figncd by him, and delivered
to one or more of the Commiftioners, or of the Alfignees of his Eftate and Ef-
feds, difclofe the Fraud, and objed to the Reality of fuch Debt, fuch Certificate
Ihall be null and void, and the Bankrupt (hall not be intitled to his Didharge,
or to any of the Benefits or Allowances given to Bankrupts by the Ad of 5
Geo. II.
Where any Creditor of a Bankrupt refides in foreign Parts, the Letter of At-
torney of fuch Creditor, attefted by a Notary Publick in the ufnal Form, (liall be
a fufficient Evidence of the Power by which any Perfon thereby authorized (hall
fign the Bankrupt's Certificate.
Of fuperfeding CommiJJions.
TH E Rcafons for fuperfeding Commiffions are many am' various ; as
I ft. If there is not a Debt due to the petitioning Creditor, in which Cafe
the Court will order the Commiflioncrs to enquire into the Nature of the Hebt,
and to certify the fame to the Court; and if there is not a fufficient Founi.ucia
for the Debt, the Court will liiperfede it.
adly,
\r
'■■I •-
I;'
14 Cec. II.
1157.
S48
hi '
? G« n.
mp:
Of BANKRUPTCY.
zdly, If tlie Party infifts he is no Trader, the Court ufually diicds Aich Fadi
to be tried, and if on TkH Trial it appears to the Court that he is not a Trader,
the Court wili for fuch Keafons fupcrfcdc the CommilVion.
jdly, If the Party againft whom the Comniinion is iflucd, appears to be an In-
fant, the Court, on fdl Proof of fuch Infancy, will lupcrfedc the Conimillion.
4thly, If after the iflfuing a Commillion, the Party nukes a S-itisCadion, or
gives a fufficient Security for performing it to all his Creditors, and tlicy in Con-
fequence give him a Rcleafc, thcfe Motives, on Petition to the Court, will induce
it to fuperlede the CommifTion.
5thly, If a Bankrupt conveys all his real Eftatc to Truftecs for the Denefit of his
Creditors, and they accept of iUch Conveyance, the Court in this Call- will order
the Creditors to deliver up their Securities to the Bankrupt, and that the Bankrupt
fliall deliver up all the Title Deeds, and join in the Conveyances ; and that the
Truftecs fhall proceed in the Truft, and that the Bankrupt lliall pay the Charges
of the Commiifion, dedudling tlic Money out of the Allignces ILuids.
6thly, If a Bankrupt makes a private Agreement with ins Creditor, and prevails
on him to take out aCommiflion, in Confideration of Iw-ing paid his whole Debt,
or at Icaft more than the reft of his Creditors, the Court, on Prool' made thereuf,
will order the Commiflion to be lltperfeded, and award a new one ; and the IVr-
fon receiving fuch Goods, or Satibfadtion, fhall loli; his whole Debt and the Mo
ney received, and pay the fame to fuch Perfons as the Coinmiflioners (hall ap-
point, in Truft for the Bankrupt's Creditors in Proportion.
7thly, Ifa Perfon has not a mind to be a Bankrupt, and is confcious that he is
no Trader, nor has committed any Adl of Bankruptcy, or does not owe any Debt
fufficient whereon to ground a Commiflion, he may, ifhefuppofes a Commiffion
is going to be taken out againft him, enter a Caveat in the Secretary's Office
againft it ; or if it has iflued, he may petition the Court that no fuch Commiflion
may iflue againA him, or that it may be fuperfeded ; and upon hearing the Merits
of fuch a Petitioi:, thw Court in fome Cafes determines the Point, and in other
Cafes direds an Iflue at Law to try the fame.
8thly, Ifa Commiflion taken out in an advcrfe Manner is fuperfeded, and the
Party on the Trial is not found Bankrupt, the Court, according to the Nature of
the Cafe, frequently will order Cofl.s to the Party againll whom the Commiflion
is taken out, or may, if they think proper, affign over the Bond given to the
Lord Chancellor.
,!■ •
5 C«. II. C,
30. S. jj.
ditto,
ditto, S. 4^ .
Cojls of CiiniKiJions, bow to he fettled and paid.
'T ilE Creditors who fliall petition for a Commiflion of Bankrupt, fliall be
■^ obliged at their own Cofts to profecute the fame, until Afltgnees fliall be
chofen ; and the Commiflloncrs Ihall, at the Meeting appointed for the Choice of
Afllgnees, alcertain fuch Cofls, and by Writing fliall order the Afllgnees to re-
imburfe fuch petitioning Creditors out of the Hrfl Efieds of the Bankrupt that
fliall be got in ; and every Creditor fliall be at Liberty to prove his Debt without
paying Contribution.
There fliall not 'le paid out of the Eflate of the Bankrupt any Monies for Ex-
pences in Eating or Drinking of the Commiflloncrs, or of any other Perfons, at
the Times of the Meeting of the Commiflioners or Creditors ; and no Schedule
Ihall be aiHie.\ed to any Deedof Aliignment of the perfonal Eftate of fuch Bank-
rupt , and if any Commiflloner fhall order fuch Expence to be made, or eat or
drink at the Charge of tlie Creditors, or out of the Eftatc of fuch Bankrupt, or
receive above 20 j. each Commiflloner for each Meeting, every fuch Conmiiflioncr
Ihall be difabled to ad in any Commiflion of Bankrupts.
All Bills of Fees or Dift)urfements demanded by any Solicitor, employed under
any Commiflion of Bankrupt, fliall be fettled by one of theMafters of Chancery;
and the Mafter who fliall lettle llich Bill fliall have for his Care in fettling the
fame, as alfo for his Certificate thereoi", 20 j.
Concerm r
'S
Of BANKRUPTCY.
Concerning the Duty of, and Remedy agamfi Gaolers, where Bankrupts
are committed, (fvd juffered to efcapc.
vk
549
or
JVitneJfts
IN Cafe the CommifTioners appointed in any Commiflion of Bankruptcy, . (,,.. ir.
(hould in Virtue of their Power commit the Bankrupt or any Pcrfon or Per- C. 39 Sil.
fons to Prifon, for not confcrming to the Aifts relating to Bankrupts, and if the
Gaoler or Keeper of the PrKon, to which fuch Bankrupt, Pcrfon, or Pcrfons (hall
be fo committed, wilfully fuffcr fuch Bankrupt, Pcrfon, or Pcrfons, to efcapc
from fuch Prifon, or to go without the Walls or Doors thereof, until he or they
(hall bedulydifcharged, fuch Gaoler or Keeper (hall for fuch his OflFence, being
duly convidtcd by Indidbncnt or Information, forfeit five hundred Pounds of law-
ful Money of Great-Britain, for the Ufcofth Creditors of fuch Bankrupt.
And the Gaoler or Keeper of fuch Prifon as aforcfaid, (liall, upon Rcqucft of J''"- S 19
any Pcrfon, being a Creditor of fuch Bankrupt (and having proved nis Debt under
the CommifTion) and producing a Certificate thereof under tnc Hands of the Com-
mi(noncrs (which they arc hereby required to give gratis J forthwith produce and
(hew fuch Perfon or Pcrfons fo committed as aforcfaid to any fudi Creditor re-
quefting the fame ; and iruCafe fuch Gaoler or Keeper of fuch Piilbn (hall rcfufe
to (hew, or (hall not forthwith produce fuch Pcrfon or Pcrfons fo committed as
aforcfaid, and being in his adlual Cuftody at the Time of fuch Rcqucft, to flitli
Creditor of the Bankrupt requefting to fee (uch Perfon or Pcrfons committed as
aforcfaid, (uch Gaoler or Keeper of fuch Prifon (hall forfeit for fuch his wilful
Refufal or Neglcdt, the Sum of 100/. of lawful Money of Gnat-Britain, for the
Ufcof the Creditors of fuch Bankrupt, to be recovered by Aftionof Debt in any
of his Majefty's Courts of Record ^tlVejlminJler, in the Name of the Creditor
requefting fuch Sight of fuch Prifoncr.
And for every other like Oft'ence (hall forfeit the Sum of 200/. for the U(e of >/■""■ '•
tlie Bankrupt's Creditors, as aforcfaid. ^' "+"
■I ,i
h^
• i!
Jill
t 'I
HAving made every nccelTary Remark on the Laws and Pradlce againft an Englijh
Bankrupt, I (liall now add how thofe under fuch unhappy Circumftances are
♦ ;eated both in France znA Holland, as it may unfortunately happen for my Rea-
der, that the Courfe of his Dealings may lead him into fomc unlucky Engage-
meiits with fuch infolvent Pcrfons; and it is natural for him to be defirous of
knowing how far the Laws of the Country will proteft the Debtor from his Cre-
ditor's Suit, and what Steps thefc latter ought to take for the Securing or Reco-
very of their Property : In order therefore to give my Reader this Satisfadtion, I
ihall obfcrvc to him, that in France a confiderablc Diftindtion is made between a
Bankruptcy and a Failure ; the former being undcrftood to be voluntary and frau-
dulent, whilft the other is fuppofed to be by Conftraint and Nece(rity, caufcd al-
ways by fomc unforefccn and unavoidable Accident; but as Mr. James Savary p„raitNego.
has made a very juft and nice Diftindtion between the Signification of thcfc two tant, p jj^.
Term';, I (hall give my Reader the Senfe of his Obfervations thereon, though
with Uith Brevity as it will admit. He fays, the Publick feldom makes the Dif-
fcreni c it ought on thcfc Occafions, but confound the Diftindlions, which are in
their Nature very apparent, and are made fuch in all the King's Ordinances re-
lative to thofe Affairs. The Trader who has failed, or flopped by Rcafon of his
incapacity pundhially to comply with his Notes of Hand, Bills due, or immedi-
ately to return the Money he had received for thofe come back protefted, and is
obliged to this Demur by (bme unforefeen Accident, or Lofs in Trade, and re-
duced to tlie NecefTity of afking Time of his Creditors for the Payment of the
whole, or what he can, of his Debts, is not to be placed on a Footing with the
Bankrupt, who by Fraud and Treachery has fecurcd to himfelf u Provifion for Fu-
turity, at the Expence of his Creditors, to whom he gives up the trifling Remains
of his ranfackcd Fortune in Payment of his Clearance ; and though this Man's Vil-
lainy continues undifcovered, he always remains infamous in the Eyes of the
Publick ; whilft the other, who complies as far as he is able, is reftorcd to Credit,
though he continues uncapable of enjoying any publick Poll till the whole of his
Debts arc p tid with lntcrc(t.
7 A Although
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550 0/ B A N K R U P T C Y.
Although a Merchant be never lb (kilful ami afluiuous in his Bnfincfs, though
he keeps his Affairs under the heft Regulation, a id has fct out in tlic Woi l<i with
a handlonie Fortune ; tiunigh he ha? obfervcd all pofTiblc Apiijiiation, and made
I'rudence liis Guide in the Management of'lii;. Trade j ami though he h i<! omitted
no Circumftancc that might nittiirally attract and Ceiure Suceefs, yet il ;ill is not
accompanied by gooJ Luck, he Is not fure to profper in his nnterpi izc and Un-
dertakings ; for Fortune \ery frc4'iently determines all contrary to Fvpet'tation,
as fhc is whim/leal ittd often favours the lilly and ignorant, vviiilft the bn' and
tnoft capable Men arc cxperiencmg her Frowns; this is wliat no one as yet bus
been able to account for ; and fcxpcriencc denionflrates, that Misfortunes are
daily happening to Merchants, whofe I'robity, Expertnefs, Prudence, nml Capa-
city, renders them vVorthy of Coinpafllon, and undefcrving this Ucvcrlc of Fortune,
that expofes thcni to Mifery and Contempt. Thougii feeing Men, who follow
the moft approved Ma\ims in their Bu^nef^, do not always meet acorrefpondent
Suceefs, but on the contrary are expofed to Mifhaps and Lolles j or Iu|)poling
them confidcrable Gainers by their Trade, and that tliey have more than lutiieiem
to difcharge their I>elVfs, yet their Effedls may undcfigneiUy be lb dilpjrfed, tliat
they may be incapacitated to anfwer an immediate Demand made Iiy lome inex-
orable Creditors, who will give noQiiartcr, or liflen \o the C;Uls of lienevoknco
and Humanity ; I fay, feeing Men of Integrity are expofed to thcfe unjnii: Kefent-
ments of uncompalTionate Creditors, the Frcmh Laws liave provided a Mejns, by
granting Letters of Uefpite, or Arrets of Parliament, to protciil them from their
unrelenting Tempers, which 1 ani now about mentioning.
Letters ofRefpite are always granted by the King, and ylircls 0/ general Protec-
tion by the Parliament, and fomctimes by the King's Counlel, both tending to
defend an honcli; Debtor from the Perfecutions of his Creditors, dm nig the Term
for which they are granted; and tr? allow liim Time to liquidate his Frtcdls, in
order to pay his Debt:, or to agree with thofe to whom he is owing ; and tlvU he
may obtain the faid I'rDtedtion, he mult ftridlly obfcrve and fubmit to tlie Kini'-'s
Ordinances of Augvjl jA^r;, and March \(>7t,, and to his Majerty's Declaration-,
of the 2 3d of Dttvw/^r 1699, and thatof A(;/)/cwAr 1664, which enjoins the fol-
lowing Particulars.
ift. Letters of Refl>!te zrc ncscT granted but on important Con luh-rat ions, to
begin with Proofs and authentick Accounts, which ought tu be explained in tin;
ihid Letters, and affixed under the covuiter Seal; with a State of hi^ lCrtcd>.
which the Grantee mull ceitity to be a true one, as well of ids Moveables ami
Immoveable-;, as of his Debt-, \uidcr Pain of fufTering the Penalties mentioned
in the aforclaid Ordinances ; and he mull take Care to be very cxadl herein, bccaulr
if he is found fraudulent in any one Particular he will forfeit tlie Protei^tion of the
Dia.JeCom.^'^'d Letters, although they have been granted pceriptorily with all his Creditors,
v.urd c.Ji", and he will not only be unable to procure others, 'jut he (hall not even after thi'
whichi-rfoJ' ^^ admitted to the IJenefit of ceding or giving up his Effcih to his Creditors,
Purticulari. wliich is only denied to one convided of Fraud and Deceit.
2d. This State fo drawn up and certifieii, ought to be depofited at the Repirtrv
Rolls of the Confular JurifdidUon, if there is one at the Place of iiis (tlie Debt-
's) Refidence, if not, at the Town Iloufe ; of whicli Dcpofit he nuid take ,-
Certificate, to be fixt to the Petition he prefents to the King, Council, or Par-
liament, for obtaining the Letters of Re/pite or Fnteih'on, and imnicdiately af'tcr
the Sealing and Expedition of the Letters, the Grantee ought to deliver into the
OtHce, as well of the Judge to whom they are addrelfed, as that of the nearell
Confular Jurifdidtion, a Duplicate of that State, whofe Truth has been fo cc tifiai
of whofe Depofit he ought to procure Certificates from the different Regillers, and
giw a Copy to each of his Creditors, as well of the State as of the Certificates at
tlie Time of notifying thcLctters, which are only valid in regard of thole to whom
a Copy has been given, and therefore he remains expofed to the Prolcciitions of
them who have been forgotten or neglcfted in the Delivery ol"the laid Copies.
3dly. If he who obtains Letters is a Merchant, Hanker, or Shopkeeper, he is
obliged, befides the Fornaalities before recited, and under tlic laid Penalties, to de-
liver into the Judge's Ofhcc to whom the Letters are addrelied, his IJooks and
Accounts, of which he mufl take a Certificate from the iegiller, and alio give a
Copy of it to each of his Creditors, when the Letters j.vc notified to them ; but
previous
4
or
or
Of BANKRUPTCY.
iircvioii' to tlus l')pporit, he oueht to flicw tlicm to liis Creditors,
(Ximine thcfi if they plcafc, and fcr whether the State of his Affui
KIIUWII "* |. ■iiiMni iwkii •lilt* »■•»»! ■■ iiv ^'1 V i«.iii^%« ijii vyww. -.,.-> Lf^iuiw iiaviiii^ WUVl
and piihlilhcd the nrotedting Letters, his Creditors, knowing thereby the
titutc of his Circumdanics, inii;lif vaUic themfclvt.s on thit Difcovcry, to i
55^
tliat they may
delivered in-
ti) the Ofiice l>c a true one, and in all Rcf|K('>s ronfoimahlc to his liiii Books ami
Actownts ! but he is not obliged to make this Offer till the Letters arc notified,
as it ii only from the Moment of their Notification, that his Failure is eflccmed
known or pulililhed, and that if he prefented his Books before having obtained
ic bad
ry, to make
him Priliiner, even whilll he was foliciting the Arret, whicli by this Means would
be rendered iniferviti able, as the Violence otFercd him in the Arrcft could not be
repaired by it, lor want of its having a retroadivc I'^ffct^t.
4thly. To enjoy the Benefit of the Time granted by the Letters, the Debtor
ought to notify them to his Creditors, and others cc ucrned in his Failure, who
live in tlie lame Place with him, in eight Days from their Date, Inu to thofe re-
liding at a Dillance, to be counted from the eight, at one Day lor every five
Leagues; and, as was before ol)ltrved, they only nrotcdt trom the Suits of
thofe to whom they arc intimated ; nut tiiat the Omillion to notify them to fomc
of the Creditors wilbin t'- • (aid eight Days renders them null and void, but be-
caiift" that in regard to the Creditors ncgli;dted or forgotten, they are ineffedtual
till ai'ter their Notitication j though the Vigilance which the other Creditors have
ufed topicierve tiic Lifedts of their cominon Dcbtur, is niverthelcfs equally Ser-
viceable to thofe who are ignorant of the Letters, and to thofe who have a<fled
either by Oppufition, or othcrwifc endeavoured to prcfervc their Dues and make
their Realbns valid.
ThcDelign of the Arret's being notified in eight Days from its Date, is to af-
ford the Creditors an Opportunity of deducing and offering their Rcufons againll
it, if they fiave any, and that they may be admitted to make Proof of the Cheat,
Fraud, and Knavery of their Debtor, if they fuppofe, and arc capable of proving
it; and it is not othcrwife cither reafonable or jult, that he who has obtained the
Letters (hould remain Mafter of the Time for notifying them, as he might
greatly abufe that Liberty, either by abfconding the beft of his Effects, or mak-
ing new Purchafcs, and then retiring with them into fome foreign Part where his
Creditors cannot reach him ; and this he might ealily do, if iniquitous cnougli
td' attempt it; as his Creditors not knowing that he was poffcfled of his Protec-
tion, and confcqucntly not fufpcdling the bad State of his Affairs, would natu-
rally take no Precaution to prevent either his Fraud or Flight.
5thly. A Merchant, after obtaining thele Letters, is not at Liberty to pay any
one Creditor in I'rcference to another, nor no longer Mailer (but a Depolitary oi-
Trullee) of his liffedts, which ought to be divided equally among tlicm, and
they participate of the bad Fortune of their common Debtor, without procurini^;
an indircd and particular Advantage to any one of tlicm, as this Preference is not
only unjull and odious, but, ifdifcovered, renders the Letters unprofitable to him
tJiat has obtained them, by their becoming null, for his having adtcd fo contra-
didorily to the Intent and Purpofe of them.
And befidesthis Penalty fo j'.iHy ordained againff the Treachery of a Debtor,
who cither through Ii\clination or Fear, fo unequally treats his Creditors, to whom
he owes an unbiaffed jullice, and a Part of his remaining Kffcdf s proportionable
to their Credits, the negledted or forgoicjn Creditors, and who have been only
f)aid a P:'.-t, whilfl: others have received their whole Debts, have a Right (if they
lave futhdcnt Proofs) to demand a Drawback of as much as will be fufficient to
put them all on a Level, according to the common Contradl which has been re-
gul. ted and agreed between them and their Debtor ; for as the Ordinance dif-
pofes, that thofe Creditors who ihall have received any Effedls within a fmall
Space before a Bankruptcy, fliall be obliged to reftore them to the Stock; there
is a much ftronger Realbn for their doing lb who have received them after a
Failure is become known and publick.
6thly. The Letters always order the Judge to whom they are diredted, that in
proceeding to their Accomplilhment (the Creditors being called) he give to the
Grantee UichTime as he ihall deem reafonable for the Payment of his Debts, wliicli
however inuft not exceed five Years, except with the Confent of two Tliirds of
tho
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55a 0/ B A N K R U P T C Y.
the Hypo^ecated Creditors; and in the mean Time the Letters grant him fix
Months Delay to (bUicit their Accompllihment, during which Term the attempt-
ing his Perfon, or moveable Furniture ferving his Ufe, is prohibited.
7thly. Hecamiot i j excluded from obt^ning the Arret under the Pretext of
Renunciations, which he has or might make in paft A(fts and Contradts.
8dily. Thofewho have obtained Letters of Refpite, &c. cannot value on thein
when tiiey are accufed of Bankruptcy, when they are aAual Prifoners, or that the
Seal is put on their Eflfeds.
9thly. Second Letters of Refpite, or Arrets, are never granted, at leaft without
new and confiderable Caufes, wnereof he ought to make a Beginning with TcAi-
monies and Proofs, as has been faid before.
lothly. There are many Cafes in which Letters of Refpite, &c. are not to be
obtained, viz. for Pcnfions, Aliments, Medicines, Houfc-hire, Crops of Corn,
Servants Wages, Hire of Workmen, and Journeymen, Ballances of Guardians
Accounts, necefiary and voluntary Dcpofits, Couzenage, Reparations, Damages
and Interefts, adjudged in criminal Matters, Management of Publick Money,
Bills of Exchange, Merchandizes feized at Marts, in Fairs, Markets and publicic
Ports, Frefli- Water Fifli, dry and falted. Securities judicial and extra-judicial,
and of joint Bondfmen, Funeral Charges, Arrears of Ground Rent, Obligations
of Long Leafes, Merchandizes and Ene^s bought of the Eafi-India Company, or
things U)ld of Ufe to it.
k ithly. It muft be remarked, that from the Moment the aforefaid Letters are
obtained and notified, the Grantee forfeits bis Honour, and is thereby not only
rendered uncapable of afpiring to any Poft, or publick Employ, but is difleized of
them all from that Period, if he is then in Pofledion, and can only be reftored to
his loft Credit and RepuUtion by Letters of Rehabitation, granted by the King,
which places them in the lame Condition with regard to Honour, and Capacity
of enjoying publick Employment, that they were in at the Time of their Misfor-
tunes ; but tnefe have "ever been obuined (as has been before obferved) till th-nr
whole Debts arc paid, with Intereft; and under thefe Circumilances they are
fometimes, though rarely, granted to Bankrupts aUb.
What I have faid concerning thofe trading People, who have obtained Letters
of Refpite or general ProtcAion, will fufHce to fhew how far, and on what Con-
ditions they are valid ; and I fhould now proceed to inform my Reader how thofe
Bankruptcies and Failures are treated in France, who have not been able, either
through Surprize or Negledt, to obtain the faid Letters: But as the Wife's Fortune
or Jointure is equally regarded under any of thefe Circumftances, I fhall mention
the Proceedings thereabout prior to the others, as the Knowledge of that Circum-
fbnce makes a neceffary Part of this SubjeA.
It is the Ufage and Cuftom of fome Places in that Kingdom, for Women on their
Marriage with Men in Trade, to become Partners with thc-r Hufba'-ds for One-
third, or Half the Fortunes they bring, except it is othcrwife agreed in the Mar-
riage Articles, and the Wife thereby exprefly renounces the faid Ufe orCuflom,
and has fuch Renunciation regifteKd, and publifhed, by fixing it in Writing to
the publick View, at the Place of the Confular JurifdiAion, if there be any there,
if not at the Town-Houfe, under the Penalty of its beng null, as it is valid only
from the Day of its Regiflry and Publication j and that my Reader may judge of
the Motives for the King's Ordinance enjoining this Circumflance, he may pleafe
toobfcrve that in Confequence of the Copartnerfhip, the Woman, on the Huf-
band's Failure, is obliged to come in as a Creditor in common with the others in
this Manner, viz. Suppofing fhe brought a Fortune of 4000 Livres, the Half is
put into the joint Stock, and the other Moiety fecured to her own VCt, by Mar-
riage Articles, but remaining in the Hufband's Hands ; and he failing, her 2000
Livres Stock finks with his, and flic comes in as a common Creditor, for the other
2000 Livres. On the contrary, a Woman renouncing the Copartnerfhip in the
Manner above recited, and bringing 4000 Livres Dowry, generally has in Lieu
of the expected Profits from Trade, a Sum (fuppofe 10,000 Livres) joined to
her Fortune, and fettled on her by Marriage Contradl j and in Cafe the Hufband
afterwards becomes a Bankrupt, fhe is entitlrd to an equal Share of his Effedts,
with all his other Creditors, proportionable to the faid Sum, fo that flic is greatly
benefited
6/ B A N K R U P T C Y. ^^^
benefited by her Rehunciation, in Cafe the Hufoand proves unfortunate ; but a»
the Publication of this Circumftance was not formerly made obligatofy, tnany
People (knowing the Cuftom of the Place) were drawn in to truft a Man who had
married a rich Woman, with much more than they would have dorte, had they
been acquainted with her Renunciation, as they conjectured (he had greatly aug-
mented his Stock, and confequently that their Credit was well founded, ahd a
Compliance from the Debtor would be both pundlual and fure j when, in Reality,
the matrimonial Agreement was quite the Revcrfc, and a Change of Circum-
ftsiices opens to them the Fallacy of their Expeftations, by exoofing the little
Foundation they had to fupport the Reaibns of what were only ideal and ill ground-
ed i and to avoid a Continuance of fuch Deceptions, the King publifhed the afore-
mentioned Arret in March 1673, fo that no one now can be impofed on in this
Matter except through Indolence, or wrong Information, but may take fuch
Steps in their Dealings with Traders under either of the aforefaid Circumftances,
as they fliall deem prudent, and not run any unwarrantable Lengths in their Cre-
dit, through a miftaken Notion of a larger Fund for Payment than there truly is :
and thus much I thought proper to mention on this Subjedt before I treated nn
the French Laws concerning Bankruptcy and Failures (where protecting Letters
have not been obtained) which I flidl now go through with as much Brevity aa
the Nature of the Thing will admit of.
It has been remarked in a preceding Part of this Chapter, that from the Moment
Letters of Relpite, &r. are obtained and notified, the Grantee is deemed to have
failed, and thofe whofe unexpedled Misfortunes have too fuddenly reached them to
leave Room for procuring fuch a Safeguard, and obliged them to abfcond, their
fo doing, and the confequent fealing up of their Eifedts, by order from the Judge,
who has been petitioned fo to do by fome Creditor, is efteemed a Declaration of
their Stopping, or Failing ; and as there is a Diflindlion made in all the King's
Ordinances (before remarked) between the Man who has by a Chain of unhappy
Events been reduced to thefe Diffa-efles ; and be who has brought them on him-
ielf thro' Debauchery or Deflgn, I fhall mention the Laws in Force, in regard
both to the one and the other, and begin with thofe concerning the innocently
unfurtimate firfl, in whofe Favour an Ordinance was made at Farist the 12th of
March, 1678, in the following Words, i//z.
By Order of the King.
MONSIEUR the Provofl of Paris, or Monfieur the Lieutenant Civil, upon
what has been reprefented to us, by the King's Attorney, that it has for fomei
Months pafl been perceived, by the Requefls that have been prefented us, that
mmy Merchants, Bankers, and other Traders, have been obliged to retire from
this City, and to abandon their Effedts and Families, and having determined to
know tlie true Caufes of their Retreat, and examine whether it might be prefumed,
that the Knaver}' and Defign of committing fraudulent Bankruptcies, had made
them take tliat Refolution, it has been found that it has been more through ill
Luck than Knavery; and that many foreign Bankers and Merchants, who have
failed and broke, have carried away, and diverted large Sums, which were owing
to the Bankers and Merchants of this and other Cities of the Realm, which
hcs reduced and put them into a Condition, not to have ready Money fufHcient to
acquit the Bills of Exchange, daily falling due, although they have more, or as
much in Effcdts, as in Debts ; and as it is juft, feverely to punifh fraudulent
Bankruptcies, according to the Rigour of the Ordinances, it is not lefs fo, to hinder
that Merchants and Bankers who have trufled their Money with Strangers, under
the good Faith or Crcdi'i of Trade, (hould not be treated in the fame Manner as
if they had committed a Cheat, and that their precipitated Abfence to avoid a
Prifon, and the confequent Charges hindering their Return to Trade< and Re-efla-
blifhment of their Credit, require that fome Provifion be made in it. Ahd we,
having Regard to the Requefl of the King's Attorney, do ordain, that all Mer-
chants, Traders, Bankers and others, concerned in Commerce, \Krho without
Fraud, find themfclvcs in a Condition unable to difcharge their Debts, vvhethef
for Bills of Extliange or othcrwife, by Reafon of the Lones they have met withi
. / 7 B may
t
■ • Ml
, !,,■
554 0/ B A N K R U P T C Y.
in^; appear before us by Petition, to which they (hall tack Duplicates of two Ac-
cut iits, which they lliali fign and affirm to be true } the one of the Value of their
Efkdts, and theotner of tlwrir Debts } in Virtue of the Ordinance which (hall be
put at the Bottom of the Pi^ition, they (lull fumnion all their Creditors the (u|-
h>wing Day to appear before us, to agree among themfclves, or two Merchants,
or other Pcrfons they know, who (h.ill examine the Accounts, and make a fum-
mary Inventor)', and value and appraife their EiTc^ls, in an amicable Manner; and
to agree together on the Terms and Times of Payments, and Remiflcs if any are
made, and fell the (aid Effe^ in a friendly Way, if poflible, and after having
heard the Merchants which (hall have been named, proceal to the Confirmation
of the Contrad, which (hall liave been paflcd, in all things appertaining to it,
tlic whole without Expcncc or Application of the Seal, though without Prejudice
to '.he Creditors, who (hall become Accufers of a fraudulent Bankruptcy, and to
the King's Attorney to profccutc extraordinarily, and demand the Sealing of the
EfFcds of thofc who (liall have abfented thernlclves, or become Bankrupts, em-
bezzled, hid, and concealed their EfTe^ in Prejudice of their Creditors, upon
which Petitions let Judice be done. And the preiicnt Ordinance (hall be read,
publifhed, and affixed, where need (hall be, &c.
And in Confcquence of this Ordinance, a Merchant who finds himfelf in the
unhappy Situation it treats of, and (to avoid the Violence wliith fomcuf his Cre-
ditors may offer him) has abfconded (if prudently advifed) will by fbme' Friend
follicit a fafc Condudl from them for fifteen Days, or a Month, that he may ap-
pear and render an Account of his Ailions ; and after having obtained it from the
grcateft Part, if there is any one who rcfufes to fign it, he ouglit, before difco-
vcring himfelf, to petition the Judge andConfuls, orother Royal Judges, or even
the Parliament ; and it would he. ftill better, in order to cviute all Tricks and
Shifts, to foUicitc the Confirmation with thofe who have (igned, and a PermifTioti
to fuinmon the Refufers for to decree and ordain, that it (hall be allowed by
them, and in the mean Time they (hall be prohibited attempting his Per(bn or
pfFcfts J upon which Petition a Sentence or Arret will be given, grantin" his De-
mands ; the which being carried to the Regillry, it ought to be noted to the dif-
fentiug Creditors as foon as poflible.
If all the Creditors are not refident in the fame Place with him, but fevcral of
them in other Towns of the Realm, he muft write them to come, or fend their
Procuration to feme one of their Friends, to attend the AfTemblies of the Creditors
who are prefcnt, that they may have no Rcafon to complain of him. The fccond
thing this unfortunate Trader ought to do on his Return home, if he has the Seal
put on his Goods and Effcds, is to requcft the Taking it off in an amicable Man-
ner, but if this is refufcd, it muft be ordained by the Authority of Juftice. And
' the third thing is, that from the Moment he receives his Books again, he muft
make out a general Stt'te of all his EfFedts, as well what he owes as what is due to
him, to deliver to his Creditors, when they a(remble to examine his Affairs, and
this is in Conformity with the fecond Article of the eleventh Title of the Ordi-
nance in 1673.
fiaviiig drawn out his Accounts in the moft exad manner, he muft put the
following Certificate at the Bottom of them, viz.
/The underwritten do certify to all whom it may concern, that the State here above
of all my Eff'eBs, as -well Debtor as Creditor, contains the Truth, niid that I have
not omitted any Thing, or made Ufe of any Perfons, or Nam:s in it, that are mt
my true and laiiful Creditors; in Faith of which I have f igned the Vrcfitt, the z^th
of May, 1750.
And it is not fufficient that he has drawn out this State, Init h;; nnif! alfo Tirikc a
Ball.incc for the greater Eafcof his Creditors, that they may fee with a Caft of
an Eye the Truth of his Affairs, and what they have to expe(^t; antl ho muft like-
wife put underneath the faid State, an Account of all the Loffus that have happened
to him, wliether by Shipping, Bankruptcies, orothcrwile, tiie Intfrcfts that he has
paid, and his Houlc Expcnces, that he may juftify his Condud to his Creditors,
in Cafe ho has not Effects fiifHticnt to pay tlicm thtir whole Due, that they may
have nothing to reproach him with.
8 When
Of BANKRUPTCY.
When he is ready to render this Account to his Creditors, of his Condudl and
tlicir Eftatcj he muft convoke an AlFcmbly of them, by Summons fent in Writing
to each of them, and being all met, his Behaviour to them ought to be free from
Affeftation, either of too great Dcjeftion or Arrogance, but with fuch Concern and
Humility, as a iuft Rcfledlion of hisCircumftarccs will natn; ally excite; and al-
though Ibmc of thciT. fhould fo far degenerate from Rcafon i.V'1 good Manners as
to be ahufive and flanderous in their Treatment of him, it ought not to exafperatc
him to make corrcfpondent Returns ; but command his Paflion, by rcflc(3ing that
it is not every one h.is Philofophy enough to bear Loflfes with Temper and Equality
of Mind, and it is probable what they fufFer by him (though he could not help it)
niay reduce them to the fame Condition with himfclf ; therefore Allowances ought
to be made, and no injurious Language returned from the unhappy Sufferer, though
f:ich a Shock is certainly not the leaft of his Misfortunes 5 however be ought to
fubmit without murmuring ; and together with the State of his Affairs he ought
to deliver the Creditors his Bocks, that they may compare the one with the other j
but in Cafe no one will take them under his Care, the Infolvent may then deliver
them into the Regiftry, as was before ordered to be done, by thofe who had pro-
cured Letters of Rel'pite, Off.
At the firft Meeting of theCreditors there is feldom much done, the greatert: Part
of the Time being generally employed in Complaints and Injuries againft the
Failed, and at moli Dircdlors or Aflignees are chofe to take care of the common
Intercftof the Creditors, to fee and examine the Books and Papers of the Debtor,
and to fix the Days of meeting to confult about the Affair.
Jt ifi to be remarked that while this is tranfadting," each Creditor in particular
endeavours as much as he can, to get himfelf paid the full of his Debt; the Engage-
ment in which he (lands with his Debtor renders him ingenious and fertile in In-
ventions to incline him to confffitt to his Demand j one by threatening toprofccute
him as a fraudulent Bankrupt, and afTerting that it will not be diflicult to bring
Proofof his Knavery; another menaces him with his Determination of hinder-
ing his Compofition by his Influence and Interefl; whilfl a third flatters and ca-
refles him, laments his Misfortunes, and aftb^ng a Generofity, offers him his
Purfe, protefls never to forfakc him, that he may depend on his ufing all his In-
duflry and Power to facilitate his Accommodation, that it is unreafonable he fhould
be defpoilcd of all his EfFedts, and heartily pities both him and his Family ; in
fine, he makes ufc of every foft and coaxing ExprefTion which he thinks may in-
fluence his Debtor, and incline him to diflinguifh this Flatterer from the refl of
his Creditors, by fatisfying him at their Expence. But if unable to prevail, and
the Lamb's Skin has been of no Service to him, he quickly puts on the Lion's, and
there are no Sorts of Threats or Injuries he leaves unufed to the unhappy Debtor,
who, combated by Hopes and Fears, fometimes falls into the Snares laid for him,
and quits thole jufl Rules of putting ad his Creditors on the fame Footing, and
by fb doing, compleats his own Ruin, for the Fawnings and Menaces of Credi-
tors can in no Shape operate to the Prejudice of an honeft Bankrupt, who has
pun(Slually rendered an exadt Account of his Condudt and Affairs as the Law
diredls.
But having hitherto only mentioned the Duty of the Debtor, I fhall proceed to
hint the Obligation of theCreditors: Andthefirfl Step they ought to take when
aflembled about their common Afiairs, is to eleft fome among them for Affignees
by the Plurality of Votes, who are Men of Probity and Capacity, to fee and examine
the State of their Debtor's Affairs, and to make their Report about them ; and that
they may proceed with the greater Order and Regularity, if the Failure is very con-
fiderable, it is advifeable that they chufe a Notary to receive the Adtsof the Credi-
tors Deliberations, and for this it is neceffary to afTign the Place, and Days of their
Meeting, that no one may pretend Ignorance; and for the Security of thofe eledted,
the A(ft of their Nomination ought to be approved and confirmed by the confular
Jurifdidion, if there is one, or in the Royal, or in the Parliament's, if there is any
in the Town or City where the Failure has happened.
The Power which the Creditors ordinarily give to the AfTignees, is,
ifl, To proceed in taking off the Seal, if it has been put on.
ad. To
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556 0/ B A N K R U P T C Y.
2d. To defcribe and inventory all the Debtor's Eflfcds, as well adltve ai pafllve
which (hall be found belonging to him t alfo all hir Books, Letters, and other Pal
pc'' and Inftru^ons which can iervc to the Eclaircircmcnt of his Affairs.
{dly, Tofee aiKi examine the State which he fliall have given in. his Books and
Accounts, and whether they have been regularly kept according to the Ordi-
nance.
4thly, To fell the Merchandifc and Houihold Goods of the Bankrupt, and pay
the Money into the Hands of the Notary that (hall have been chofen, or to any
other that the Creditors fliall dire^.
5thly. To recover all the Debts, and to undertake all tlie neceffaty Proceedings
towards it.
6thly, To examine the Tranfaflions, Contrads of Compofition, Bonds, Promif-
fary Notes, Bills of Exchange, and other Proofs of thofe who pretend themfelves
Creditors of the Failed : From all which things to make a good and faithful Report,
to the general Aflembly of the Creditors, which fliall meet for that Intent.
And the Aflignees of a Failure ought to obferve the following Maxims :
I ft, They ought never to abuie the Authority given them by the Creditors, in
favouring the Bankrupt to tlieir Prejudice, from a Motive of private Intereft, as this
would be wanting in thsit Honefty which ought religioufly to beobferved by thofc
who are charged with the Management of joint Affairs.
2dly, As it often happens that the Creditors of a Bankrupt are not all Inhabi-
tants of the Town of his Kefidence, but of feveral others in the Kingdom, who
defire their Friends to aflift at the Affemblies, only to fee what paffes, without a
Power of engaging them in the Refolutions of the Creditors : This Maxim ought
to be obferved ; never to adm't any one to their Meetings v)bo are not Bearers ofjhecid
Powers, for Corffent ; and agreeing to ail tbatjhall be deliberated and done by Plura-
lity of ybtesi though this Plurality is net to be counted by the Number of Per/ins,
hut the Import of their Debts for tn other Words, not by Number but Vame) and the
Creditors to whom three Fourths of the whole is owing, Jball decide this and every other
controverted Affair.
3d]y, The Aflignees having got their Power authorifed in the accufVomary Man-
ner, ought in the firft Place to take with the Commiflary a Copy of all the Oppo-
nents to what is fealed of the Failure, and to make them aflign a certain Day and
Hour in his Houfe, for to come and fee, and confent to the Taking it off; and
whereas in thefe Meetings, each Opponent has his Attorney, fo that fometimes
there may be thirty of them, it ought to be fettled and ordained, that the an-
cienteft fliall plead for all the Opponents, in order to evitate the great Ex.
penccs that would otherwife occur, from each Opponent's having one to plead
for him.
4thly, If on inventorying, any Creditor claims the Merchandise that he fliould
have fold to the Debtor, he muft give a Delcription of it, as well in Refped to the
Quality, as of the Quantity and Colours, whether both Ends are uncut, and the
Lead untouched whereon is imprinted the Mark and Ticket on which is wrote
the Name of the Reclaimant, and which gives him a Right to the pretended
Return ; this being the Cuftom always pradtifed and obferved on fuch Occafions,
in order to prevent unhappy Contefts, which might ruin both the Debtor and
Creditor in Expences.
5thly, The Inventory and Defcription of the Merchandifes, Houfhold Goods,
and Papers, appertaining to the Failed, being made, the AHignees ought diligently
to fee and examine the Books and Entries of the Bankrupt, in order to find out
whether the State which he has given in, be conformable to them, before they
proceed to the Sale; and they fhould make a C kulation as near as poflible, of the
Value of hisEffefts, which they fliould report to theCreditors at the next Aflembly,
that it may there be difcuflcd, whether it will be moft for their Intereft to put the
Effeds into the Debtor's Hands, under proper Claulcs and Conditions, or to difpofe
of them intircly, and pur*: their Produce among them.
6tlily, But before tlicy proceed to the faid Deliberation, the Debtor ought to
juftify his Condud: to them, and clearly prove how his Loffes have arofej as it would
he imprudent to truft a Man with the Management of their Affairs, by returning
him his Goods, of whole Integrity they fliould have the leaftSulpicion.
7«hly,
m^
aA«vea«pa/nvc,
B, and other p^l
Affzin.
I. hi« Books and
»g toUieOrdi-
krupt. and pay
lofen, or to any
ary Proceedings
Jonda, Promif-
end themfclves
faithful Report,
" Intent.
Maxima :
he Creditors, in
ntereft, as this
)ferved by thofe
: not all Inhabi.
Kingdom, who
iffes, without a
is Maxim ought
iearers ofjhecial
i dont hf Plura-
nber ej Per/ens,
' Vatutj andtbt
it and every other
ruftomaryMan-
)fall theOppo.
certain Day and
king it off J and
that fbmetimes
:d, that the an-
the great Ex-
ng one to plead
; that he (hould
I Refped to the
uncut, and the
which is wrote
the pretended
ruch Occafions,
le Debtor and
lufhold Goods,
ught diligently
ier to find out
i» before they
joflible, of the
lext Affembly,
reft to put the
s> or to difpofe
btor ought to
fc; as it would
by returning
on.
7thly,
Of BANKRUPTCY.
ythlyi After havinc examined the Condiidl of the Debtor, they ought alfo
ftnaiy to fcrutinizc the Pretenfions of every Creditor, to fee that their Demands
are juft> as on thefe Occafions Tricks and Cheats are too frequent.
8rh1y> !n examining the Books and Papers, the Aftignees (hould carefully x-
mark whether the Bankrupt has not made any illegal Sales or CeiTions of his Ef-
fcft? } which become fo, if they are not tranfadlKi at leaft ten Days before the
Failure is publirkiy known, and all Agreements or Conveyances whatfoever, made
or done within thcfc Limits, become null and void by all the King's Ordinances,
although all the Ads and Obligations of them are part before a ^5otary Fublick,
and the Effcds fhail return again to the Stock, and be divided with it among his
Creditors.
9thly, After the Aflignees haveexadly performed all Things beforementioned,
and made the necelTary Remarks upon the Vouchers and Evidences concerning
tlic Debt of each Creditor, they ought to draw out an exadl Ballance of all the
EfFcds, in order to give the Creditors an Infight into the Debtor's Affairs, and
thereby make them capable of judging how to ad moll for their mutual Benefit,
and to determine whether it will bt moft advantageous for them to return him all,
and wait a rcafonable Time for the Recovery of their entire Dues, or to adjuft
tlic Payment with a certain Lofs, or to Icll all and divide the Produce.
And the prefcnting the faid Ballance to the Affembly, which the Affignees ftiall
convoke for that Purpofe, ought to be done by the moft capable among them for
explaining it j and he ought to be fo circumfped in his H^haviouron the Occa-
I'lon, as to give no Offence by exclaiming againft either the Bankrupt or any of the
Crcilitors, for either real or imaginary Offences, as this is contrary to the Rules
both of Prudence and gooA Manners ; for thefe Complaints ftiould only he made
to the fuppofed Offenders by themfelves, and not in a general Affembly, it being
ilandaliHis and may move the Paffions of fome, who may not have all the Honefty
and Civility that could be wiftied, to be influenced by the Outcry and unreafonable
Violence, to turn the Meeting into a Crowd and Rout, and fruftrate the Defign
of their affembling, by difpernng them with Noife without coming to any Relb-
lution.
If it is judged neceffary by a Majority of the Creditors to appoint (bme one to
recover Debts that may appear to be in Danger, it is lawful for them to do it pro>
viiionally, notwithftanding any Oppofition or Appeal by the fewer Number : and
it is equully conformable to the Kmg's Ordinances, to pay off any Mortgage or
Rent-Charge (as thefe carry Intereft) with the ready Money that ftiall be found
in Cafti, although the Minority (hould be againft it « and this Minority is always
to be underftood not to exceed one Fourth Part of the Creditors in Value, fo that
when three Fourths of them confent to any Thing, the Oppofition of the one
Fourth is not to be regarded.
What has been faid hitherto, only regards the Perfon who breaks through ad-
ventitious Loffes and Misfortunes, and who confequently merits the charitable At-
tention of his Creditors ; and I proceed now to (peak of the Treatment that the
fraudulent French Bankrupt has to exped from the Laws of his Country, and
every one unhappily concerned with hvcn.
The Bankrupt, who becomes fo with the premeditated Intention to cheat,
and unjuftly rife up with the Effcds of thofe who have trufted him, defei-vrs not
only the Averfion of all his Creditors, but of the Publick, and merits an exemp-
lary Punifhment ; a fraudulent Bankrupt being worfe and more infamous than a
Highway Robber, as Travellers generally go provided to defend themfelves from
thefe latter, though it is not foei^ to guard againfl an Attack from the malicious
Dcfigns of ill-intentioned Men.
The fraudulent Bankrupts are thde, who embezzle or convey away their Effeds
to feigned Creditors, that by their Means they may bring their real ones to greater
(^onceflions, and benefit themfelves by the Sums, mus iniquitoufly obtained ; thofe
who put their Effeds under Cover of nditious Names, by falfe Sales of their Eftates
or Goods, and by pretended Ceffions, or Conveyances of them j in fine, thofe
who dcftroy or hide their Books, Records, Papers, and Documents, to hinder an
Account of*^ their Effeds from coming to die Knowledge of their Creditors, muft
alfo be reputed, and counted among the Number of fraudulent Bankrupts.
7 C There
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There it nothiiW To pernicious or dangerous to the State and Publicic, m fraudu-
lent Buikruptt, for which Reafon, a Puni(hmcnt futiicicntiy fcvere, and ade-
2utte to the Crime, ii hardly yet difcovercd, notwithAanding there are ma:iy
trdinances rubfiftins, which decree exemplary ChaAifcments to thofe, who ma-
licioufly and in Fraud of their Creditors become Bankrupts, though till the Time
of Henry IV. this Crime was not puniduble with Death i but the Frequency of
it in that Prince's Reign, induced him to change the more lenitive Laws ot his
FredecefTors, into Uie leverer one now mentioned.
Of Dutch Biinkrupuifs.
EXPERIENCE daily demonAratcs that it is in Places of the greateA Com-
merce that Failures and Bankruptcies moA frequently happen : and the Rea-
fi>n is not diAicult to be difcovercd, as it is clear that among a great Number of
Merchants, it would be a Sort of Miracle if all of them were equally fucccfsful in
their Enterprizes : If it were othcrwife, to commence Merchant, and lay a Foun-
dation for Riches and Profpcrity, would be the fame Thing. But God has fo
difpofed the AfKurs of this World, that we often fee one Merchant ruined and
undone by the fame Trade whi9h has enriched another ; and en the contrary,
that Tramck, which has been produdlive of great Wealth to Ibme, has proved
ruinous and deArudtive to the EAatcs and Fortune of others. But not to dwell on
thefe Refledions I Aiall mention the DiAindlion made here between two Sorts of
Bankruptcies, Failures, or Breakings, which are three fynonimous Words, and
though they feemingly exprefs the fame Thing, the one however is more foft,
and lefs heavy or burthenfome than the other ; for the Name of a Bankrupt is op-
probrious and odious to all honcA Men, and is only applied to thofe who become
K> to enrich themlelves at their Creditors Expence, or thofe who give Room to
fuipcA the HoneAy of their Intentions, when they Aop liehtly, or for trivial
Caufes ; inAead of its being only faid that fuch a one nas been unfortunate, or
had the Misfortune to break, when it is feen that he is reduced by infupportable
Loflrs, which every honeA Man is expofed to, by a |;reat Number of unforefccn
Accidents i but if he defigns always to continue his Integrity, and not wound
his Confcience in detaining for himlelf his remanent EAeds, which are juAly his
Creditors, he will make no Difficulty to deliver them up his Books, to communi-
cate to them the true State of his AAairs, and to commit himfelf to their Mercy
and Difcretion.
. So that in my Opinion the Chamber of the deiblate Funds (called in Dutch, it
Kamtr van dt defelate-BoedeUj which we have in this City (Amjlerdam) was not
cAabliflied for this laA Sort of Peifons, but with the fole View to prevent the
Kntvery of thofe, who in breaking would retain to theinfelves the greateA Part of
the EAcds they poflefs, and fruArate dieir Creditors Endeavours to fecure them;
for when an honeA Man has the Misfortune to fail, he makes no DiiHculty of de-
claring it to his Creditors, and frankly to comniunicate the State of his Circum-
Aances and EfFedls % and if his Creditors find diat the Loiles and DifaAers, which
he alledges to have been the OccaAon of his Stoppingare true, and that his Inte-
SityAands unimpeached, they frequently agree on Terms fettled among them-
ives, leaving him fometfaifff whe;-ewJtn to endeavour his Re-e(tabliihment ;
but if it happens that any of the Creditors refufe to fign this Agreement, he is
obliged to declare his Affairs at the Chamber aforementioned, which (aAer the
Formalities in the following Ordinance) will oblige the Refi|f^nts to fubfcribethe
Agreement, if it has been fettled between the Infolvent and two Thirds of the
X^ditOrs for three Qjiarters of the Debt, or three Quarters of the Creditors for
two Thirds of the Debt, at will be feen in the fubfequent Ordiiiance.
iHjitiiStidns and Orders fvr the Commjjimtrs of the deftlatedtr ruined Eftates.
n^HE States of Holland and JVefi-Frife rmkt Vnown, that it has been remon-
"* Arated to us by the Burgo-MaAers and Regents of the City oi Amjierdam, that
they thought proper fome Years ago to eAablmi in the faia City a Chamber for
the defolate EAates, under certain Regulations, as was then convenient ; that
». ' " they.
:. '. :r(.
Of BANKRUPTCY.
thejr, the Remonftrants, having feen fuch abundant Fruits and good Efl^e^i, that
they were in the Defi^n, not only to continue it, but wem defirous alfu ta provide
for it by a more particular and omple Ordinance, drawn up on the Plan, which
the Cominiflloners of the faid Chamber have made, and wnich they have found
to be advanta^us and neceflfar/, by the Experience they have had, according to
the Terms ot the Copy which has been delivered us, and hercaAer infertcd i diat
to the End fo good a Work might have a greater Force and Virtue, the Remon-
ftrants have prayed, that we would be pleated to give our Approbation and Grant,
in the bcft and moft ample Form, containing the faid Inftrudtions and Orders as
follow :
I.
In the firft Place, there (hall be ycarl v appointed, on the 4th of February, bv
the Lords Jufticcs, five fit Perfons for tne Direction of the Chamber, of whicn
two (liall be taken fro^ among the old Ecbivens (which I think may be tranflated
Aldermen) and the others to be expert in Trade.
u.
Of thcfe CommlHioners there (hall be at leaft two continued for three fucccf-
five Years, but not for any longer Time ) and touching the EledHon and Con^
tinuation of the others, it (hall be done as is cuHomary in the o^er fianka and
Chambers directed by Commiflioners.
m.
The faid Commiflioners (hall aflemble daily to attend all the AiTairs which may
happen in Relation to the infolvent Funds or Eftatcs.
IV.
When there are any infolvent EiUtes in the (aid City, or its Juri(3id|ton, dither
by Death, or Failure of fome Perfon, and that it (hall have come to the Know-
ledge of the faid Commiifioners, they (hall immediately go with their Secretary
(who (hall be ordered thereto) and in their Prcfence, or others appointed thereto,
exaAIy inventory all the E(Fe<5t9, and put them in good and fafe Cuftedy, to the
Creditors greateft Advantage, and as tney judge they ought to he j thi^y (hall alio
fecure without Delay Uie Books and Papers appertaining to the (aid Eitatev.
V.
The E({«:As bdnz (b inventoried rnd fecured, with the Books and Papers, ihey
(hall give Order, that two fx >mQn; Per(bin be appointed Truftees of the (aid
Funds, who by Letters or Exprefs (if it is necelfary) (hall endeavour to (ecure all
the Eftates, EflFcdts, and Debts, belonging to the (aid Funds, whether within or
without the Jurifdi^ioa of that City, or of this Country.
VL
This being all done, there (hidl be let paft at leaft (ix VT'ei^s, or more, at the
Difcretion ot die Commi(rioneri, without pirocqeding to die S^e of any of the
Eiieas } but the faid Time (haU be left to the iniblvent Perfon, or to the Rela-
tions of the deceaied, to the End that in the (aid Space, they m^y find fome Me-
thod to fettle with the Creditors ; neverthelefsi the faid Truftees (hall be Ufihg
their Endeavours during that Time to recover whatfoever is due to the Infolvent,
and to procure and promote the Creditors Advantage.
Vn.
And to the End that in fuch Compofidons every Thing be done In Order, all
Merchants or others who have already failcd» or become infolvent, or that (hall
I hereafter
559
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S6o 0/ B A N K R U P T C Y.
hereafter fail or become infolvent, and their Hein. may convoke or fummon all
their Creditors !«fore the Chamber of the defolate Fund*, bv Citation of Billa
fixed up, or by Letters of Advice to thofe who live without tne Diftridt of thia
City 1 and that in prtfence of the fiud Commiflioneri, or the greateft Part vt' thcni,
they may (after a fincere Opening and Declaration of the Sutc and Condition of
their Stock, as alfo a true Sute of their Debts and Dues) undertake and draw up
a Compofition or Agreement, for the Payment of what they owe, totally, or in
Part, in ready Money, or in fuch a Time (giving Security) as they arc able, and
that the Parties ihall think reafonable.
VIII.
And the Minority of the Creditors (hall be obliged to follow and conform them-
felves to the Majority j the which fhall be three Quarters of the Creditor!, for
two Thirds of the Debt, or two Thirds of the Creditors for three Qjuiters of die
Debt.
IX.
But thofe who have Securities or Pledges, fliall not be admitted to the Agree-
ment J but only thofe who have been Securities, who alone (hall have a pcrfonal
Adtion for their Indemnity, and the fame Right, and of the fame Nature with the
perfonal Creditors.
X.
All thofe who pretend to be Creditors of an infolvent EAate, Aiall alio be
obliged to juAlfy their Debts before the CommiiTioners of the defolate Funds,
who in Cafe of Difpute (hall determine it, whether the Failed has agreed ly not.
XI.
No Agreement beeun between the Failed ^or any one on his Part) and the
Creditors Ihall be made nor concluded, but witn the faid Comminioncrs Conicnt.
1 xn.
r
The Agreement between the Iniblvenu (or their Heirs) on the one Part, and
then* Creditors on the other, being made under fufficient Security, and figncd by
the Creditors, or the greateft Part of them t the Parties agreed, and their Effeifls,
fhall be difcharged from the faid Chamber, and reftored to their former Liberty,
to trade, receive, and pay, in the fame Manner as before their Failure, after pay-
ing the faid CommiHioners all the Expences occafioned on Account of their faid
Affairs, at their Difcretion j fo that in the mean Time they fliall not fatisfy any
one of their Creditors to the Prgudice of the others, under Penalty of forfeiting
the faid Agreement.
XIII.
And the Failed and his Securities {hall be obliged to furnifh and put into t!ic
faid Commiflloners Hands, as foon as the Agreement fhall have been paiTed as
aforefaid, on the Day and on the Terms therein cuntained, for the Security and
Advantage of th6 Creditors, the Sums they fliall have promiied, pro rata, of
what they owe, to the End that the faid Creditors may receiv; their Sum from
the faid CommifTioners when diey fhall come to fign the Agreement.
XIV.
Neverthelefs, if it is found that the Infolvent or his Heirs have a£ted knavl/li
and fraudulently, in, or after making the Compofition, either by having hid his
Books, Letters, or Papers, removed their Effcifts, Merchandifes, or Debts, con-
veying them stway to defraud their Creditors j or that they have underhand
agreed with fome one of the Creditors on other Conditions ; fuch fhall not only
3 havi;
0/ B A N K R U P T C Y. 561
have their Agreement fct aftde, but Htall be corrcAcd and puni/lied according ai
the Cafe requires.
XV.
And thofe who fhall pretend to be, and maice themrdvct pafs for Creditor!
(without being fo) by an Underftanding with the Infulvents, or from their own
Motive, agaiiid their Knowledge, or that demand a greater Sum than their Due
(in order tu wrong tlie Creditors, and Benefit the Inlblvent) they Ihali be pu-
niflied as Cheats, and befidcs be condemned to pay, as their own Debt, all the
Creditors.
XVI.
The aforcdiid Time of fix Weeks, or more, at the Cummiflioners Difcrction,
being pad, without their having been able to mediate an Agreement, the Truitecs
(hall proceed dirc£tly to the Sa]e of the EAcdts, as well moveable as immoveable,
as alio the Stocks and Credits, provided that the Immoveables arc not fold vvith-
out the Confent of the Efchcvins, and between the lA of Ntvfmier, and the id o(
February fdant Us douze NuUs.J But the Merchandizes, Furniture, and other
Effedls, may be ibid publickly, and at Auction, at the Difcretion of the faid
CommiiTioncrs, without Preju^itc to the Hishts of the Secretaries ai>d Keeper.
But in Cafe there Hiould be among the Effeifls fome Merchandize, whicn it
fhould be thought proper to keep for foine Time unfold, either upon Account of
an apparent Rife or Price, or for fome other ftrong Rcafon allcdgcd by the Truf-
tces to the Coinmiflloncrs, then the Sale of the fold Merchandize may be retarded
for fome Time, but not otherwife.
XVII.
All this being performed, the Commiflloners Hiall ':;point a Day for their Sit-
ting on the Aas of Preference f nd Concurrence, by which Day all the known
Creditors inhabiting this City (h^l be fummoned by the ufual Citation, thofe
abroad by Letters of Advice, and the unknown by Bills fixed up j with a con-
venient Interval of Time, to the End that on the faid Day they may come to
give in their Names and their Adts of Prctenfion, whctlier they be lor a Preference
or Concurrence.
XVIII.
The fixed Day being come, the Commiflloners fhall firft proceed to examine
the Debt, and the Preference of every one of the Creditors prefent, who (hall
endeavour to agree on this Subjedl ; if this cannot be done, tne Creditors, who
cannot agree together, (hall each be ordered to deliver into the Commidioners
Hands, in the Space of fourteen Days, according to the State of Affairs, adiftin£l
Demand, with the neceflary Pieces and Documents properly inventoried, on
Penalty, that if in the aforelaid Time, any one fliall be found that has not fur-
niflied the faid Demand, he fliall be held and regarded as dcfifting from his Prc-
tenfion, and Right Ihall only be made on the Demand, and on the Evidences de-
livered by the other Pretenders : Thofe alfo who in the faid fourteen Days have
furnifiicd their Inftruments and Proofs, may demand, in other fourteen Days
after, a Copy of the Pretenfions and Deeds of every one of thofe who have pro-
duced them, to the End that in other fourteen Days following, they may write
to debate andcontradid, without allowing any longer Time for it ; hut after the
faid Time of twice fourteen Days, the Thing (hall be held to be in a Condition to
be judged, and the Commiflloners ihall decree upon the Inftruments which fliall
be till then delivered.
XIX.
The Preference being regulated and determined, thofe who think themfclves
aggrieved thereby, may appeal in ten Days after the Publication, or after they
have had Knowledge of it, to the Efchevins, in Conformity with the thirteenth
7 D Article
■!*■
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562 0/ BANKRUPlrCY.
Articte of the eighteenth Chapter of the Ordinance, and the Inftntmenti fli.)!! re-
main in the Secretary '1 Handi until the faid Time i« pafl, or till the Appeal is re-
nounced I lb that the Impetrant. or Petitioner, muft, after having received Ap-
pointment from the Auditor, difpofe fo, that thev be put, all perfect and con-
cluded, in ten Daya aAer the Demand, into the EJtbtvmt Handi, to be adjudged
ttt iifikm aOis A BENE VEL MALE, under Penalty of a Nonfiiit. or
dropping the Appeal t and the Sentence of the EJcbevitu mall be provifionally
executed, without Diminution, and without Prejudice of more ample Pkadingi.
XX.
The Commifllonrri fliall afterward! proceed to aU^epctition, without attend-
ins that all the Money be fallen due or come in i but tho(e who are to be prefer-
red to others (hall be admitted, in order to receive their Debt, on giving en Ac-
Siuittance and Security, or elfe on receiving it from the Hand* of the Commif-
loners, according to the State of the Aflfairi of the Effedla, and the remaining
Monev Hiall be diftributed and paid to the other Creditors ^r0 rata, under a parallel
Secunty. which fliall be given m the Secretary's Office. Neverthelefs the Creditors,
who in Right, as (hall m found in the Seouel. ousht to be the (ir(t t as alfo thofe
who have not been able to learn the Settling of the Preference and Concurrence
foon enough, may demand a fre(h Dav to appear in, to the End that they may be
heard, at their Expence, on the Prekrence and Concurrence.
XXI.
If a Tenant of any floufe he inhabits, happens to fail betweeit the Month of
May and the firft of December, in this Ca(e the Proprietor, or he that let the
Houfe, (hall retake it for the Yean the Leafe has vet to run. and (b difcharge
the Eflate « fo that he (hall only have the Rijght of^Preference upon the Ei^s
which (hall be found in Kind in the Hou(e, for the Hire of the current and pre-
ceding Year, and for no longer i and for what might be due to him before that
Time, he (hall equally concur with the other Creditors.
XXII.
But the Failure happening between the (irft of December and the Month of
May following, the Rent (hul remain for Account of the defolate Funds for a
Year, commencing from the Month of Mey, except the Proprietor (hall think
proper to retake upon him the faid Houfe for the fiud Year.
XXIII.
And as the Advantage of the Creditors confifts in having the Affairs of an EAate
fbon finifhed, and that honeft Men may have their own the (boneft pofTible, the
Creditors that would prove their Debts, or that would reclaim fome EffeAs from
the Eftate as their Property, (hall henceforward proceed in the firft Inftancc be-
fore the faid CommifTioners in the following Forms againft the TruAecs, who in
thill Cafe (hall be Defendants, and who on the contrary (hall proceed as Plaintiffs
againft thofe who (hall be found to be Debtors, or refpon(ibIe to the Eftate.
XXIV.
The Creditors who would prove their Debts, and all others reclaiming any Ef-
fects of the Eftate, as their own, (hall be obliged to enter their Adlion againl)
the Truftees in the Time, or at lateft before the Sitting for the Preference and
Concurrence, and before the Sale and Removal of the faid Eflfedts ; and to this
End they (liall appoint the Truftees three Days before by fending them their De-
mands with the Ciution, as alfo a Copy of all the Inftruments and Papers of which
they intend to make ufe ; and in Cafe the Plaintiffs do not appear on the Day
appointed, they (hall be nonfuited, and the Inftance difcharged with Condemna-
tion of Charges, which the Plaintiffs (hall pay before they can make a new In-
ftance.
XXV.
rs of an Eftate
Of BANKRUPtCV.
XXV.
But if tny one hu trrefted the EffcdU. which he maintainit to be hit, he (hall be
obliged to cite the Truftee within the third Day of the Arred, and to edablilh hia
tJiSiXi under Penalty of a N'^nfuit.
XXVI.
The Trufteea being cited or appointed ai before, and not appearing, there fhall be
Default againft them i and on naving a fecond Citation ana not appearing, the
Commifltonera fliall judge upon the Demandi and Papers of the Party appearing
•lone, and thofe fummoned (hall be condemned to the Expcnce of the Proccfi,
fnftir coHtumaciMm.
XXVII.
The Partiea fummoned appearing, the Caufe muft be pleaded and determined
forthwith, without giving or taking a Day to reply, except Tome Arong Reafons
induce the Commiffioneri to permit it.
XXVIII.
if the Trufteea fummon any one in the Manner aforefaid, and afierwardi they
^ not appear themfelvei, they fliall be nonfuited i with the fame Advantages to
the Pcrton fummoned aa it before mentioned t and in thia Cafe the Trullees
fliall be obliged to pay the Expence out of their own Pockets.
XXIX.
But the Parties (bmmoned not appearing, the firft Default fliall be granted, with
■ fecond Citation for the Week following, and on Non-appearance the fecond Time
(the Citation being duly made) a fecond Default fliall be granted, with a provi-
fional Aflignment, and a third Citation to fee to change the Aflignment into a
definitive Condemnation» or to eftablifli a Right in fome other Manner.
X^.
But if the Parties fummoned appear, they may conclude and finifli their Cauft
in Pleading, or take a Day in the following v/eek, on which Day the Caufe com-
ing again to be confidered. it muft of Ncceflity be then determined and con>
eluded, if the Cbnuniffioners have not Reafon to order otherwife.
XXXI.
The Trufteea having arrefted any Perfon oi* EfFcAs. fliall be obliged at the In-
ftance of the arrefted or interefted Perfon, to bring the Profecution in three Days
before the Commiflioners, to nuke their Demand and join Ifluet upon which, the
Perfon arrefted or interefted muft anfwer, or that he takes a Day to do it, with-
out derogating from the provifional Determination, under Security, if the thing
is found to be lb difpofed t but the Perfon arrefted or interefted, not making any
Profecution, the Arreft fliall be brought back and profecuted the next fierfebar,
according to Cuftotn.
XXXII.
The Caufe being prepared and pleaded, the Comuiiftieners fliall difpofe df the
Proviiion, or Principal, according to the State wherein it is found, t,:.d if either
the one or the dther Party will appeal, the Caufe fliall be carried and profecuted
before the E/chtvmt, on the RoUe Privilegit (privileged Lift or Catalogue) who
fliall determine it, and the Execution fliall be done by Provifion, without Prejudice
of more particular Pleadings.
XXXIII.
The Creditors of any infolvent Funds, being diicontented with the Proceedings
and bad Managemtot of the Truftees, may make their Complaints to the faid
3 Com-
irr :# .n
S^%
fSU
564 0/ B A N K R U P T C Y.
Commi{^lone^8, who fhall cite the Truftees, heu them, and fettle Affairs ; pro-
ceeding according to the Exigency of the Cafe.
XXXIV.
The Pcrfons who tlie faid CommifTioners (hall eftablifh Truftees of the infolvent
Eftates, (hall be obliged to jivi. ♦Hem fuflkicnt Security for all their Adnraniftra>
tion, at the Difcrction .i" the f.dd Comniflioners, that they may have Recourfe
againft ti ,e Securities, in cafr; of any Mifdemeanor of the Truftees, unlefs thefe
latter were eledled from among liie Creditors.
XXXV.
The Tru(i"ees, or Aflignccs from among the Creditors, having received any Mo-
nc y belonging to the Eftate, mud not keep it with them, but (hall immediately de-
liver it to the i'*aid Ccmmi(noncrs. .,->.„
• XXXVI. ,...:. • .'uHdiic:
And thofe who (hall be called or advertifed, (hall be obliged to appear not onty
at the End of their Adminiftration, but at all Times, before the faid Commi(rio-
ners. to give in their Accounts and Proofs ; and being called for this Purpofe,
they (hall be obliged to appear on the firft Order, on Pam of three Guilders Mulft
if they have a fecond Summons, and of (ix Guilders at the third j and i^ not-
with(landing they fail to appear, and do not give in any Account, they (hall 'jc
railed a fourth Time on Penalty of Imprifonn:"nt, afr .r that the llxid Commi(no,ier8
have communicated it to the Efcbevins.
XXXVII.
And at the End of the Trufl:ccs Adminiftration, when the Commi(fioners (hall
difcharge them from their Truftce(hip, they (hall grant them what they think pro-
per for iheir Trouble.
XXXAIII.
Any one of this City or Its Jurifdidion, being defirous to make a Ccflion of his
Effefts, the faid Commiflioners (hall provifionally put them in Security, under the
Care of the Perfons who they (hall eftabli(h for that Purpofe, as foon as the Letters
of Ce(rion (hall have been delivered to the Creditors, and they (hall have en-
quired about the Validity of the Ce(rion, to the End that they may give Advice to
the Efchev'ins.
XXXIX.
And to prevent as much as is po(rible, all the Abufcs and bad Praftices which
are daily perpetrated by many Pcrfona, in »^he Petition and Solicitation of the Let-
ters of the Burgo-Mafters of this City, to the noble, high, ant! mighty Lords the
Sr?'.^s oi Holland, to obtain Safety of the Body, and the Continuation of itj the
faid CommiiTioners (hall make an exadl Information of the State and Condition of
the Premifes, to let the Burgo-Mafters know it, and to ferve th^m for Information
and Advice.
XL.
Any one being fummoned, he (hall be obliged to appear before the Commiflio-
ners, and in Default (hall pay fix Stivers Mulft for the firft Time, twelve Stivers
for the fecond, and twentv-four Stivers for the third; after which the faid Com-
miflioners (hall acquaint the Efcbevins with it, and iLnd to fetch the Per(bns by
one of their Subftitutes.
The Remainder of this Ordonnance relatcc only to the Government of the Clerks
and Truftees belonging to the faid Chamber, and is immaterial to this Difcourfe.
The Laws concerning Bankrupts being but few, and generally ill obfcrved in other
Countries, I (hall not '.nlargc on this Subicwt.
I OF
"U
O ? THE
GENERAL TRADE
OF THE
WORLD.
-t J f bi
> n:f\-*i-i
SOMMERCE includes in the Word whatfoever is trtn&AeA by Vl^tfUf
Barter, Purchafe, or Sales, and whether the Merchandize be Coins, Bills, or
r Commodities. Monfieur MeJon defines it to be an Exchange of what
is fuperfluous for that which is neceiTary » and Monfieur Savory fays, that Ne-
ceflity gave it Birth, the Defire of Conveniency and Eafe augmented and gave it
Force; in fine. Vanity, Luxury, and Avarice puflied it on to Perfection, perhaps
even much beyond the juft Bounds it ought to nave.
It at firft was confined (as mentioned in the introdudory Difcourfe) to the Bar-
ter of the Neceflaries of Life ; the Labourer giving his Corn and Pulle to- the
Shepherd in return for his Milk and Wool ; and he that had the Woods colleAed
Honey and Wsrx, exchanged it for the different Sorts of Fruits, gathered by others
in their Orchards and Fields.
And the Ufage of carrying on Comoifrr; by Barter ftill fubfifts even in feveral> .
Parts (though of the moft uncultivated ones) of Europe; as in Siberia, and the
Danijh and Mufcovite Lapland; and it was but in the laft Century, that the Engli/b,
French, and Dutch Traders firft carried their Merchandize to Archangel, and there
trucked them with the Ruffians, for the ProduAs of that vaft Empire. Many
Nations on the Coaft of Africk, almoft all oli America, and fonae of AJia, have pre-
ferved this Method of giving what is fuperfluous to them, fix- that which they
have not, or at leaft in Plenty.
It is not precifely known when Cummcce commenced by Purchafe and Sales, or
when it began to make ufeof Gold, Silver, or CopjvrrMon^y; as the firft Species
were thofe of Wood, Leather, and Iron } and even at this Day a certain Value is
fixed on different Shells and Cocoa Nuts in feveral Parts of both Indies, and given
in Payment for fuch Merchandifes, Drugs, and Commodities as they want.
The oldeft Examples found of this Commerce in the facred Hiftory are in the
Time of the Patriarch Abraham ; profane Authors place the Epocha under the
Reigns of Saturn and Janus in Itafy ; and the ancient Ga-ls (as Julius Cafar re-
ports in his Commentaries) attribute the Invention to tha 'lod Mercury.
The Egyptians, Phenicians, and Carthaginians, are cited as the firft, ableft, and
moft daring Traders of Antiquity, by many great Authors ; but being contefted<
by others, the Reader is referred for their dmerent Sentiments to the hiftorical
Preface.
And it did not appear to the Antients, that an Application to Trade was un-
worthy the Attention of the moft illuftrious Perfons ; even Solomon, that fage and
powerful Monarch, did not difdain an Engagement therein, but often (as before-
mentioned) joined his Merchant Fleets with thole of the King of Tyre, in a
7 E Voyage
•'SUV. N
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0/ the Gen eral Trade pf^lheJWjQILL
V B y a g « ~teQ/i tii> % fiu a i ^ h eiw e tli e y bioughl liiiii iliufeuiec ' lo og Metals ~andT?om>
modlties as rendered him (though governing but a fmall State) the richcft Prince
in the World.
Under . it A/iatick and Grecian Monarchies ancient Hiftory difcovers to us from
time to time the Traces of a Comqiefi:^ qnlti^tOl by different Nations, though it
feems principally to have flouriHied under the Roman Government; and one may
judge by the Tedimony of Hiftorians and that of antique Infcriptions, how mauy
. . ^ 1. ^ r ■KM 1 /I 1 1 /I J liffercnt
|titu£y
iry Ope-
rations for a Time ; though it afterwards revived, and by little and little made a
new Progrefs, more efpccially in Italy.
It was from thence that the Pifans, Gen^Te. and Venetians (whofe numerous
Fleets fpread themfelvcs in all th« UniofmPLevant and Egypt, to load Silk,
Spices, and other Mcrchandifes of thofe Countries) which for a long Time pofllit
the almoft folc Diftribution of them to France, Germany, and the other States of
Europe.
About the Eijuknf the fifteeitth Centu^, |he grcatfft Pdrt of t^s Tndc pad from
them to xhcPofl^ug^ffe, after thife latter mdl opened i, ncur NavigatibivSn tlieOcean,
and were eftaBlim%a in divefle Farts on tne Coafts of Africk, India, and Arabia.
The Portugtufe did not polTefs thefe different Branches of Commerce for above
an hundred Years, or thereabouts, for the Dutch, at the Beginning of the feven-
teenth Century, (hared them with them, and very foon ai'ter flripped them of
t^eoft ^oft intirely. 'i..' ,
Th« Englift}, Fretub, Daaet, and even the Hamburghers^ excited by the Ex-
ample of their Succcft, made aUb fbme. Eftablifhments in the Indies, and on the
Cqafts of jyricii, though much lefs confi^lmbie ones, ezceptifig thofe of t'le Eng-
Ij/kt who have a very extenTive Commeree in thofe Parts.
In fine, Aiuerka (which the Spaniards difcovera4 a little viWAe after the Por^
tuguefe iiad fecured a Way to . the Eafi by the Ckp« of Good Hope) became a
frefh ObjeA of a vr^ft and important Trade to all tlw NatiorM of Europe, though
it is true, that the firft Conquerors of this new World have alwayf pofTefled the befl
and richeft Part of it, and prefiaTe the Traffick to themfelves with an extreme
great Jealoufy; but befides that the EngUfi), French, Por tuguefe, and Dutch, have
many flourifhing Colonies, as well among the Iflands as on the Continent; it is
certain that it is (though undefignedly) full as much for other Nations as for them-
felves that the Spaniards fend their Flota or Galloons yearly to load the Treafure
of Mexico and Peru.
Commerce is a Profefiion in general not lefs honourable than profitable, and is at
prefent divided into that by Land and by 8ea, in Grofs and by Retail, for which
every Country furniflies fomcthing peculiar to itfelf ; as the various States or even
the diffia'ent Provinces of them, have neither one Sun nor Clime equally fuitcd
to all forts of natural Produi^ions ; befides, the Diverfity of Mens Genius, and Hu-
mours in genera), and of Nations in particular, influences their Application to
fome Sort of Works and Employe rather than to others ; fb that a mutual Com-
mutucatiQa becooies neceflary by the Intervention of Commerce, that what is
^renting to fome, may by this Means be fupplied by other'j } and it is of no fn.all
Confequence to thofe who embrace the Mercantile Prof<5fnon, to inform them-
felves exaiSUy of what Js to be found among their Neighbours, as well 9s to make
themfelves perfedUy well acquainted with the Produtits and Manufadlurcs of their
own Country. But not to enlarge on the Merchant's Qualifications, which I have
already fpoke to, I fhall proceed to open to him the promifed Jcene for Pradice,
and begin, as it is natural, with the Trade of my own Country, whofe Extenfive-
nefs and Value may claim this Preference, at leaft from an Eng/ijh Author.
The united Trade of England, JVaies^ Scotland, and Irelima, does jointly con-
tribute to form that conliderable Commerce, which the Subjcds of the Britijb
Crown carry on, whether domeflick or tbreign.
The commodious Situation of our Country, both for long and fhort Voyages ;
the many excellent Ports proper for the Conftrudion of an infinite Number
of
\-i !■
.a.i>i(^/. N GLAND. ^\\0
of VefTcls built there ; the Ability and Intrepidity of our Pitota and SnUori ; a Soil
fertile in Fruits, Corn, and Pafturage; our Hills encloiing Direrfitiet' (rf° Me-
tals, and Minerals ; Cattls of all Sorts t and more cfpecialty the Sheep producing^
thoTe previous Wools, of whoTe Exportation we are juhly Fo jealous; Manufadlures
of almMl every Species, and the greatcft Part of them fopcrior to thttfit of other
Countries ; our Colouies fo well eftablifhed in the new World; and our Settle-
ments fo rich and flourifhing in the EaJt-InJies, give us at leart : s much, as to any
other Nation, wherein to prove our Genius for Trade, and dcmonftrate that we
have not been idle in it. i . /
Voltaire, in his tenth Letter concerning the E^glijh, fays, that Trade which has
enriched them, has contibuted to make them free; and that this Freedom has in
its Turn extended their Commerce.
This proves that the fundamental Maxim of our Country is a very juftone, viz.
that Trade is the Nurfery of Sailors, that Sailors are the Soul of the Navy, that the
Navy is the Security of Commerce, and that thefe two united, produce the Riches,
Power and Glory of Great Britain.
Under Henry the VIII. the Trade and Navigation of thefe Kingdoms began
confiderably to augment, and has fince always gone on encreafing. We then engaged
in a confiderable Commerce to the Levant, and made frequent Voyages to Qutnea
and Brajil; but the Englijh were not lenfibleof what they were capable in com-
mercial Affairs, till towards the Middle of Queen Elizabeth's Reigi|» whoie Pro-
tection and Encouragement animated her Sub)e6ts to the Formation of different
Trading Companies, and the Eftablifhment of diverfe Manofadtures in her Capital,
on the Ruins of thofe of the Low Countries, which rendered the Traffick of Eng-^
land fo flouriHiing as to have it ibon carried to Archangel, and extended to all the
Ports of die Mediterranean, It alfo reached the richeft Coafts of Africk, as well as
the Eaft and Weft-Indies, and there took fuch a deep Root, and was fettled on fuch
folid Foundations, as to remain unmoveable, and Vo- ftand in Icfs need oi Aggran-*
difements, than of Moderation.
Although our domeftick Trade is very confiderable, and of great Advantage to
the Inhabitants, the foreign vaftly exceeds it ; and it is not becaofe that England
cannot fubfift without it, (Providence having abundantly blsfled us with every
Neceffary of Life) but as foreign Trade occafions an Empl(^ for all Sorts of Artifls,
fumifhes Work for the Poor, and augments our Manufactures, proving an effi-
cacious Means of enriching the Nation, ftrengthe<-.ing the State, and rendering it
formidable to the neighb uring Powers, that w« are aniihated to engage fo deeply
in it.
It is for this that ihcEngUp fpread their Traffick to all Parts of the World where
any is carried on, and there is no Nation under the Sun that drives fo great a Trade
with their own Produ(fts and Merchandizes. This renders us powerful in our Ma-
rine, augments the Number of our Sailors, enriches our People, and procures us
all that the Univcrfe can furnifh to fatisfy the Imagination, or content the Appetite.
In a Word, it is by a foreign Trade that England is become the Support of us
Friends, and the Terror of its Enemies ; and whilft the Comnaerce of our Neigh-
bours the Dutch, confifts chiefly in the Tranfportation of Merchandizes (not theif
own) from one Country to another, ours is principally fumilhed and fupported by
the Redundant Produdls of our Soil and Indu(*^y.
In this Manner we traffick, I mean with Things of our own Growth and
Manufafture, not only to all Parts of £«rc>^, but to AJiay Africk, and America^
and nioflly in our own Ships, which we chulc rather to employ, as well in all
Exportations. as Importations, than to encourage Strangers coming among us, to
rob us of thofe Fricghts we are fo capable of fupplying by our own Marine ; for the
Encouragement of which, and in order to encreafe its Intersil, our well adapted
Laws fccure this Branch of Trade to us, by a Reflraint on all Strangers in their
Traffick with us; and tho'Tgh I may jiftly afTcrt this Nation confumes more foreign
Merchandizes than any other whatfoover, yet it has been proved beyond Con-
tradidlion that the Ballance of Trade is in our Favour, and I liope will be much
more (b, fince the Prohibition of Cambricks and the great Incrcaie of thelaueB'
Manufactory.
6: Oltf
i^7
7x3
.I'hM
4^
.■'■■'1. -* ■.■ •.-'
j68 Of the Gbneral Trade ^ /At WORLD.
PrricM Siata Qur Trade, m that of all other Kingdomi, is compoied of Inland and Maritime.
taxTTsS." though with great Difierence in Regart* to the Profits it leaves, ay our foreign Trade
certainly exceeds that of any other State in the World, in the Three Articles of
which It confiAs. vix. Exportation, Tranfportation, and Importation i Vranct
can pretend to little more than the Firft of theft i Spain, Italy, and the two
Nortnem Crowns to the Firft and Third j and HtUand only vies with us in the
Second.
Ilrrwtstiw' ^"'' ^<^°t<7 fumilhes the exporting Branch of Commerce with Butter, Corn.
Cattle, Cloth, and many other Woolen Manufadlures, Iron, Lead, I'in, Copper,
Leather, Copperas, Coal, Allum, Saffron, He.
The neighbouring Kingdoms have many Times owed their Prcfcrvation to our
Supplies ofCorn, and our Horfcs are generally ejlecmed for their Beauty, Strength,
and going { neither our Fleets nor Strangers want any Foreign Supplies for their
victualling, having Abundance of Beef, Pork, Bilket, and frcili Provifions, always
ready, beudes the vaft Quantities carried to the Euroftan and IVejl-IrtMan Markets.
Our Iron is exported manufadured in Guns, CarcafTes, Bombs, &c. and our
Cloths and Woollens are lent to moft Parts of the World, tnuugh not in thofe
Quantities as formerly j many Princes having fettled Manufactories of their own,
to the no fmall Prejudice of ours { and the Value of our Exports in the Articles of
Cloth, Northern Dozens, Ralhes, Kerfies, Bays, Serges, Flannels, Pcrpetuanoes,
Says, Stuffs, Frize, Penniflone, Stockings, Caps, Blankets, Rugs, &c. I tear do not
exceed the two Milhom per Annum that \)x.D Avenant and Mr. King fuppofed fome
Years ago they amountnl to ; according to their Calculation, that the yearly Pro-
duce of Wool in England was about two Millions Sterling, and this worked up to
import eight Millions j of which they computed, fix Millions for Ilome-Con-
fumption, and the other two for Exportation.
The other Exports from hence, of Hops, Flax, Hemp, Hats, Shoes, Ale, Beer,
Cyder, Herrings, Pilchards, Salmon Oyfters, Saffron, Liquorice, Optick Glafles,
and Mathematical Inftruments, Works of Horologiography, Ribbons, Toys, &c.
are prodigious, and of X Value almoft incredible.
The Veftments, Shoes, Hats, and Houfehold Stuffs, carried from hence yearly,
only to America, is fuppofed to be worth at leaft 200,000/. — This muft amount to
a much larger Sum fince the Conquefts frcm the French in America.
England produces yearly 5,000,000 Chaldrons of Sea Coal (and the Mines would
furnifh much more if^ wanted) near a Million and a half Pounds of Tin, a thoufand
Fodders of Lead, eight hundred Furnaces of Iron, and as many Tons of Allum ;
of all which great Quantities are exported, to the Value at leait of 500,000/. per
Annum.
Secondly, our Re-exportation of the Wool, Butter, Hides, Tallow, Beef, Pork,
Herrings, Pilchards, and Salmon, from Ireland, have been reckoned at 300,000/.
per Annum.
We tranfport alfo annually from our Plantations in America (beildcs what we
confume ourfelve;) of Sugar, Indigo, Tobacco, Cocoa Nuts, &c. about 400,000/.
and our Fifh, Pipeftaves, Mafts, Beaver, (Sc. from New-England and thofe Nor-
thern Parts does not produce a much lefs Sum.
It would be tedious and difficult to enumerate our Tranfportations and their
Value from Denmark and Sweden, (though by our Commerce with thefe two King-
doms, we are confiderable Lofers) Spain, Portugal, and other Parts in the Strcigbts,
Turkey, Guinea, &c. but the molt confiderable of all is that of the Commodities
brought from the Eaft Indies, of which it is fuppofed of late Years, we have tranf-
ported to the Value of 500,000/. per Annum, in Pepper, Salt-petre, Callicoes,
Muflins, Silks, Drugs, Diamonds, &c. after having retained a Simiciency for our
own \J(t and Confumption.
importa.ion. Thirdly, the Article of Importation, or the bringing hither fuch Goods as we
confume among ourfelves, is vafUy great, though not equally advantageous from all
Countries, as the Ballanc^f Trade with France has for many Years been againll
us, though I hope will be confiderably remedied by the Prohibition of Cambricks,
fSc. The ingeniouj Mr. Samuel Fortrey, in his excellent Difcourfe on Trade, makes
appear, that we yearly imported from that Kingdom near 1,600,000/. worth of
Goods more than the Value of what we exported thither, viz. m Silk, Sattins,
Tafletces,
Trufpor-
Utioa.
Uf
ENGLAND.
Ifaifatees, Stuffs, Armoifins, Paduafoys, Tabbies, Cloth of Cold and SQyef,
Velvets, Ribbons, Galloons, Laces, SilkButtons, about 600,000/. Linen 400,000/.
Wines 600,000/. Serges and Calons 150,000/. Hats, 120,000/. Hatbands,
Feathers, Fans, Girdles, Hoods, Maflcs, Looking-Glaifes, Watches, Piftures,
Medals, Cabinets, Cafes, Bracelets, Tablets, and other Toys, 1 50,000 /. Paper
100,000/. Houfchold Stuff, as Beds, Mattreffes, Coverlets, Hangines, Fringes, fisff.
J 00,000/. Brandy, Cyder, Vinegar, Verjuice, ^c. 100,000 1. Cafiue Soap, Honey,
Almonds, Olives, Capers, Prunes, Gff . 1 50,000/. Pins, Needles, Box and Tor-
toiicihell Combs, Qc. 20,000/. perfumed and trimmed Gloves, 10,000/. fine
Ironmongers Ware, 40,000/. which amount in all to 2,^^o,oool. per Annum,
bcfidcs Salt, Cork, Roiin and others Things to a confiderable Value : And although
this Calculation might poHibly be fomething exaggerated, and our Exports there
not r^^ed at as much as they ought to be (Mr. Fortrey valuing them only in a
Mil) ion Sterling) and the Importation of many Things prohibited fince, as will
be i lewn hereafter ; yet it is a certain and lamentable Truth, that our Lofs by
tliat Trade has always been very confiderable, which will be demontlrated when
I come to treat more minutely of it, in the following Sheets : In the Interim per-
mit me to repeat the Refledlion which the Subje^ naturally fuggefts, that this
Prejudice to our Trade proceeds from a Tafte violated by an affeaed Imitation of
French Gaiety, and a confequent Fondnefs for their Toys and Baubles : We like-
wife retain too great an Afiedtion for their WineSv Brandies, and fome other of
their Produdts, though our GoAt might be gratified with more wholfome Beve-
rages, and on Terms much Icfs difadvantageous to our Country ; which I beg
Leave to lecommend to the ferious Confideration of every Briton i and I wi(h it
may have a fuitable Effedl, and incline all to put a helping Hand towards healing
this dreadful Dil'eafe in our Commerce, fo much tending to its Ruin, and the
emafculating both our Minds and Bodies.
And having faid what fuffices concerning the general Traffick of thefe Iflands,
I fliaU now defcend to treat of it in a more particular Manner ; and in order to
do it with all the Exacftnefs poffible, I fliall divide it into the home and foreign
Trade, and fliew what each County of the three Kingdoms furniihcs towards it,
either by their Produds, or Manufadures.
Gmat-Britain was thought by the Ancients, to be thelargeft Ifland of the then
known World ; and though the later difcovered ones of Madagafcar and Japan
vie with, and by Ibme are fuppofed to exceed it, yet the Uncertainty of their Di-
menfions ftill leaves a Doubt, whether the Magnitude of our Ifle is not fuperior
to them, and yet equal to what it was formerly accounted.
It was at fixVt called Albion, and by the Romans Britannia, though I think the
Etymology of both the Words is ftill unfcttled.
The Situation of its Southern Part, viz. England and Wales, is between the
17th and 22d Degrees of Longitude, and the 50th and 56th Degrees of Northern
Latitude ; being in Shape triangular, and the longeft Side from Berwick North,
to the Land's End S. W. three hundred eighty-fix Miles j from Sandwich E. to
the Land's EndW. by S. two hundred feventy nine Miles j and the Perpendicular
from Berwick to Port/mouth N. and S. three hundred and twenty Miles j contain-
ing by Computation about 39,938,800 Acres, and 1,219,952 Houfes; is almoft
ten Times as big as the United Netheriands ; lefs than Itafy by near one Half,
and in Comparifon with France, is as thirty to eighty-two.
According to a Catalogue exhibited by Camden to King James I. it was parcel-
led out into 9,284 Pafifhes } but Mr. Chamberlaine, in his Magna Britannia No-
titia, fays, there are in all, nine thotkfand nine hundred and thirteen Pari(hes,
i'even hundred and fifty great Towns, and twenty-five Cities ; though the anony-
mous Author oi The prefcnt State of Great-Britain differs from both, by making
the Cities to be twenty-eight, the Market Towns feven hundred and ninety, and
the Parifhes to be ten thoufand fix hundred and three.
The Counties in this Diftridt arc fifty-two, forty in England, and twelve in
Wales, wl^ffle Produfts ought now to be confidered j but as our Wool and Wool-
lens are the mod ftaple Commodities of our Ifle, and the Negledl or Abufe of thofe
excellent Laws in Force concerning them, has been fo ineffectual to the keeping
the one at home, and detrimental to the Sale of the other abroad, I (hoald, pre-
7 F vious
569
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570 0/ the General Trade 0/ the WORLD.
vious to my faid Intention, give fome Accounr of > the Statutes relating to the
Cleaniing, Packing. Carding, &c. of the firft (having at P. 68 andy^. done it
for what regards its Running) and for the good Government of all ManufiiAurers
and their Dependants, concerned in the latter ; but as they are many and very
extenfive, it is impoflible to reduce them within thole fmall Bounds I nave limit-
ted mylelf to for tne Remainder of this Woric, fo muft content myfelf ^.vith ob-
ferving, that the Legiflature's Care of thefe Particulars began very early j for
though formerly the Exportation of Wool was not only licenfed, but the princi-
pal Trade of this Country, and the greateft Branch of our King's Revenue, yet
as foon as we had learnt the manufadluring it ourfelves, and experienced the Ad-
vantages arifing from this Improvement, by a comfortable Employ for our diftrcfled
Poor, and the Encreafe of our Commerce, the Prohibition of its Extrafl: was
judged neccflary, and enforced by many good Laws, in order to ftcure the Bene-
fit to ourlelvcs, and prevent other Nations from reaping it, as they had lb long
done to our Prejudice i the Statute therefore of 27 £<nf. III. declared the Tran^
porting it Felony, and many others in fucc-flive Princes Reigns have mitigated
or enhanced the Penalties, as Circumftances and the Times have required ; they
have alfo guarded againft Frauds and Abufes in the Combing, Spinning, Wind-
ing it, &c. tliat have crept in, in its infant State, by feverafpenal Laws to the
guilty Tranlgrcflbrs of them.
In Regard of Manufactured Wools, the ^£fs are ftill more ample and exten-
fivc, and regulate their Lengths, Breadths, Weights, &c. befidcs the many other
Particulars neceffary to be obfcrvcd in their Fabrication, as conducive to their
Perfeftion and Goodnefs ; however, as I have not Room to give an Abftraft of
them, I (hall begin my propofed Defcription of the Counties in the Manner
following.
, . 1. Bedfordjkire.
TH E Products of this County are principally confumed at home, diough
it occafionally furnifhcs fomcthing for abroad, in its Wool (after working
up ;) and its Manufa<5ture of Straw Hats, and other Things made of that Materm
(at Dunjlablv and Luton) employ feveral thoufands of the Inhabitants, and are
wore by Multitudes of the principal Ladies in England; FuUqrs Earth is found
at Wobttrn and Af^ 'y, and Butter made in many Places, and fent up frelh ia
Lumps to London.
2. Berkjhire
Produces much more for Exportation than the preceding County, as the
Woollen Manufactures at Reading, Farrindon, Newbury, &c. are very confide-
rable in Cloth, Druggets, Duroys, Serges, Shalloons, and Stuffs; and at the
firft of thefe Towns has been eftablifhed for fome Years paft a moft exteniive
Fabrick of Canvas, or Sail Cloth, which is brought to fuch Perfedtion as to equal
in Goodnefs any that was formerly imported from Holland or France, to the no
fmall Advantage of the neighbouring Poor, who in large Numbers are thereby
employed. And whilft it fo plentifully fupplies the exporting Branch of Com-
merce, it is not barren in Products for the home Confumption, as it has Com,
Cattle, and Wood (efpecially Beech and Oak) in Abundance: This County,
Gloucejler (litre, and Wilts, fends yearly to London about fix thoufand Ton of Cheele,
the Hall by Land Carriage, and the other Moiety by Barge, from Lecbladet
Abingdon, Newbury, and Reading, and in Return is furnifhed with Salt Butter
in Firkins from that City, to fupply the Deficiency of their Dairies.
3. Buckingbamjhire
Affords but little for foreign Markets, as its fole Manufacture is of Bone Lace
at Olney and Newport-Pagnel ; and its Produdts confined to Corn, Cattle, and
Wool, except fome lump Butter fent up frefli from hence, Oxford/hire, North-
amptonjhire, Bedfordjkire, Hertfordjhire, and EJfex, and in Pots from Derbyjhire,
to London, in fuch Quantities, as to Import in the whole at leaft 100,000 Fir-
kins ^rr Annum, whidi are confumed within the Bills of Mortality.
4. Cam-
ENGLAND.
4. Cambridge/hire
Hm no ManufaAure except of Malt, Paper, and Bafkets, but its Growth of
Cbrn aiul Saffron it very conuderable, and the latter eileemed in Quality inferior
to none. There is likewife found near SturbriJ^t very good Pipe and Potters
Chy'i and Cattle are plenty, though their Dairies produce no more Butter or
Cheeft than fuffices for their own Confumption, as that Butter called Cambridge
Butter receives its Denomination only by coming from thence, where it is firR
brou^t from other Parts.
5. Cbejhire,
$0 juftly famous for its Checie, of which, with Lancajhhrt, Part of Sbropjhire,
and Stajhrdjbire, it (ends up to' London yearly above fevcn thoufand Tons ; all
theft arc of a thick Make, yet very different in their Size and Quality, though all
are without Diftin^Uon in Town called Chejhire Cheeles. Thcfe Counties (but
moreefpecially Lancaflnre) likewife fell great Quantities for Leeds, Sheffield, York,
and Newcaftle, befides what is confumcd in Mancbejer, and (hipped i^ Liverpool
for Scotland, the Streitbts, Cfc. being not Icfs than fifteen or twenty hundred
Tons. Nantwicb, Mtddlevncb, and Nortbwicb, afford large Quantities of Salt }
Macclesfield is noted for its Fabrick of Buttons, as Congleton is for Gloves : Cattle
are plenty. Com not fcarce { and in many Parts of the Country are found Metals
andMilmones.
6 Cornwall.
The hilly Part of this County appears unfruitful to the Eye, but enclofcs great
Treafures in thofe feemingly barren Mountains ; as there is yearly dugout of diem
an immenfe Quantity of Tin and Copper, both excellent in Quality, and the latter
is found to be as good and as fit for every Purpofe as the Swedi/fj, or any other
heretofore imported, and is as fuccefsfully ufcd in all our Battery Works as any
foreign was formerly ; which induced the Government to encourage their Pro-
prietors by laying a Duty fome Years fince upon all outlandifli black Laten, and
Metal prepared, which are Plates of Brafs fitted for fmall Manufadlures of the
Clock, Kitchen, &c. And our Tin, as well in Quantity as Quality, greatly ex-
ceeds all other Mines that have been yet difcovered, though they have been
worked from Time immemorial, as we read that the Pbanicians drove a very con-
fiderable Trade in it, with the then Inhabitants j and the Plenty of the Mineral
having continued equal through fo many Ages, feems to indicate the Stock to be
inexhauftible, and will in all Probability laft till the general Conflagration melts
that and all Things in a Mafs together ; Interim, the Advantages it produces to
the County (and indeed to the Nation) are very confiderable, from the large Qjian-
tities exported ; and for the better Regulation of a Bufinefs in which lb great a
Number of Men are employed, there are many ancient Laws in Force (firfl made,
and Franchir(;s granted by Edw. I.) relating Iblely to them, by which they are
incorporated in, four Divifions, viz. Fey more, Blackmore, Trewarnaile, and Pen-
viile, in each of which Stannary Courts are held, for the Decifion of Difputes and
CorrefUon of Irregularities, and fometimes Parliaments of the whole Society un-
der the Lord Warden. The Valleys are rich in Com and Pafture, and its Seas
afford almoft all Sorts of Fifh in the greatefl Plenty, more efpecially Pilchards,
taken on its Coails at two different Seafons of the Year ; and fometimes in fuch
Abundance, that the Natives not having Salt iufficient for their Cure, make ufe
of great Quantities to manure their Grounds, befides an annual Exportation com-
monly of near fifty thoufand Hogfheads ; and it is only in this County that I can
remember to have feen or heard of any Conger being taken in England.
Here are fome fmall Quantities of Quickfilver found in the Mines, and Slates
fufficient to furnifh every Demand for them.
7. Cumberland.
The Manufafturcs of this County are Ruggs, Tariy- Workt Chairs, Penniftons,
Half-thicks, Duffels, Gff. at Penrith are made large Parcels of Leather, and from
1 Whitehaven
S7^.
"^
pit
Pt
5^72 Of the General Trade of the WORLD.
WhitthaveH are fhipped great Qtiantities of Salt and Coab 1 Copper is found in
Plenty at Newland and Kefwick, and at the latter there is black Lead, the only Place,
<|s folne fty (though I btueve erroneoufly) for it in Ettropt % here an liftewife good
XxiiA Mii!:3i. and the ^a Put df the Country produces Corn, n ihit hilly Part
doc* Graf* 1 the celebrated Fifli Charr, is caught in its Meer called Vllts Wattr
(^hidh alio borders on Wefimorelandj and no where elfe, bat in Lamafhire, in
B^kmd. Here in fevcral Parts are good Dairies, and this, widi Northmber-
hnd, fends up to Louden yearly about fifteen thoufand Firkins of Butter, which
' are chiefly Aiipped at Newcafile, though fome from Blytbi and thefe two Counties
produce befidcs, between two and three th> jufi-rd Firkins, which are fent diredtly
into Kent. At Carlijle is a gpod Fabrirk ot fine Linen, in which about twenty-
five Wqivers are eqiployed Si the Year throgh i and large Parcels of Leather arc
alib male in this City and Suburbs.
'thtlJUifMan lies about itn Leagues diftant frona this Coonty, in die Irijh
Sea, but furnilhes nbthing for Trade.
8. Derbyjhire.
The Manufadtufts of this Shire are only woven Stockings of ieveral Sorts, with
ibme Felt, Caftor, and Beaver Hats ; it is very fertile in Com and Cattle, fend-
ing t good deal of Pot Butter to Lekdon (as mentioned under Buckingbaii^ire)
and jointly with Nottingham/hire, and Part of Stafford/hire, about 2000 Ton of
Cheefe yearly ; this is lent down the Trent, from Burton, &c. and the Derwent,
from Derby to Gain/borough into the Humber, being of a thin Sort, and fold in
London under the Denomination of Warwick/hire Cnccfc. Here are Quarries
of free Stone, and Marble, Abundance of MiH, Lime, and Whet-Stones, with
fbme Chryftal and Alabafter. Its Mines afv ftb^d witfi Coal,' Iron (principally
Ufed by the Nailers, and in the fhiall Manufadhires at Sirmingham, Gfc.jMd
Lead, the latter being very pltnty, and the beft in England ; the Peak is famous
for producing it, and its other Wonders, as Deriy is for Sir Thomas Lombe't En-
gines erefted there on the River Derwent, for making Oreah^ine or thrown Silk,
ind for whofe Introdudlion the Parliament in 1732 gave nim 14,000/. It con-
tains 26,586 Wheels, and 97,746 Movements, which works 73,726 Yards of
Silk Thread every Time the Water- Wheel goes round, which is thrice in one
Minute, and 318,496,320 Yards in the twenty-four Hours; one Water Wheel
gives Motion to all the other Wheels and Movements, of which any one may be
ftopped feparately, which is very extraordinary in fo complicated a Machine ;
one Fire Engine conveys warm Air to every individual Part of it, and one re-
gulator governs the whole Work.
^1'
fit*
1 *
ft-:'
•'!,
9. Devonjhire
Affords many Things fimilar totheProduAsof its adjoining County, Cornwall,
as Tin, Lead, Copper, Pilchards, &c. though not in the fame Abundance j and
though it is more fruitful than that, yet its Riches are the Eflfeds of its Manu-
factures, which coniifts in Serges. Kerfeys, and Bone Lace ; fb great a Qjuntity
of the firfl are made in the Neiehbouriiood oi Exeter, as to fornim the Market of
that City with 1 0,000 /.'s worth Weekly { here are alfo made fome Broad Cloth,
mixt or Medleys, and from its Ports are fent more Fifhermcn to jSmeriea than
from any other County in England.
10. Dorfetjhire
Is noted for its Beer, and yields great Plenty of Com, Cattle, and Hemp, which
latter was fb abundant near Brldport, as to occafion, many Years ago, a Fabrick
of Cables for the Royal Navy to be erefted there. The Ifles of Portland and
Purbeck produce Free-flone, Marble, and Tobacco-Pipe Clay ; and the Sheep
bred in mis County are innumerable, fo that it is faid, that within the Circum-
ference of fix Miles round the Town oiDorcbeJier only, there arc fix hundred
thou&nd conAantly feeding.
XI. Durham
E >J G L A N D.
II.
Durham
Produces great Quantities of Coals, (hipped at Sunder/and, Come Lead, Iron,
AUom, and Gritwlftonesj at Darlington it has a Fabrick of various Stuffs, and fends
Mtfljr to London about ten thonfand Firkins of Butter.
12.
vex
Is a very fertile County, and very abundant both in its Produdls and Manufac-
tures } the former confiAing in Cattle, Coril, and Hops, but principally in Oyllcrs
and Saffron, of both which it produces a great Quantity, and the beft of the iJort
in the World j it is likcwife famous for fuckllng Calves, and from whence the
London Markets are principally fupplicd with this agreeable Food ; fomc Cloths,
Staffs, and Perpets are made here, but its Fabricks for Bays are uncauallcd in any
Part } and mofl of the Inhabitants of Backing, Braintree, Cogejhalt, chekhfgrd, B'%
lericav, Bijhofijhrf/ord, IValtham, RumforJ, Hufftead, Wttham, and iniuiincrable
fmaller but populous Villages, are chiefly employed in forting, oiling, combing,
or otherwifc preparing the Wool for the Looms, or manufgdluring it.-. At Col-^
cbejier only are made at this prcfcnt from fix to fcvcn hundred Pieces of Pays
Weekly, called therefrom Colehejler Bays ; and at Bockiffg, Dunmore, Off. about
four hundred Pieces per Week of that Sor* called Backing Bays, extra of
mock Colchejiers, which are not a few $ and tiic former have been fo much in
Demand lince the Peace with Spain, (for whole Markets they arc fitted, as the
latter arc for PortugalJ as to occafion a Rife of ten Shillings per Piece in Price on
the beft Sort of them more than they ufually went at before the War. A largd
Quantity of frefh Butter is fent to London from this County, and in lieu thereof
they take from thence, and from Suffolk, in Firkins, what fufHces for their Con-
iiunption.
13. Ghucefter/hire
Brings Sundries both to the home and foreign Trade, as it plentifully produces
Cattle, Wool, Iron, Steel, Corn, Cyder, Salmon, Bacon, and Cheefe, of which
latter it clubs its Share to make up the fix thoufand Tons, mentioned in Berkjhirei
and its Wool from the Sheep ox Cotfwold, is the fineft in England, and only in-
ferior to that of Andalujia ; tney are likcwife in fuch Quantities that even the
'Flocks (much lefs the Sheep) are hardly to be counted j from this Wool many
plain white Cloths arc made for dying through all the County, as alfo Variety
of worfted Stockings, befides Yarn khit Hofe. Tewkjbury, befides its Woollen
Fabricks (which are venr confiderable) is famous for Muftard Balls, as Stroud is
for its Fulling Mills and Scariet Dye.
14. Hampot Hantjhire
Is alfo very abundant in Sheep, which furnifh Wool for its many Fabricks of
Shalloons, Kerfies, and other Stuffs ; its Produds are Iron, Corn, and Timber,
and it is more particularly noted for the Excellence of its Honey and Bacon.
15. Hart or Hertford/hire.
The principal, and indeed almoft the only Produft of this County, Is different
Sorts of Corn, oJf which great Quantities are ground here into Meal or made into
Malt, and fo fent to fupply London Markets ; ManufaAures it has none ; and
what the Dairy affords of Butter, is brought to Town frefli, and Salt Butter
purchafed on cheaper Terms in its Room, as is prafUfed in aU the Counties cir-
cumjacent to London,
16. Hereford/hire.
Leominjier (or LempJIerj in this County, is noted for its Wools, as Kyntton is
for its Fabrick of narrow Cloths ; its Product confifts of Com, Wool, Salmon
and Cyder, of which latter great Quantities are confomed both at home and abroad.
17. Huntingtmfinre
Affords but little Matter to treat of, as it is deftitute of ManufaAureSj and its
Products limitted to Cattle and Corn.
7 G ■ 1 8. Kent.
573
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574 0//;6^ General Trade (//i8^ WORLD.
1 8. Kent,
The fole MtnufaAure of this County I believe ii Thread, except what ii call
of its Iron into Cannon, Bulleti, Fumacei, Poti, Boileri, plate Iron, Bomb-nicUi,
Hand-Granadei, Ofc. and iti Produdti are, fome Corn,Woad, Madder, Hops,
Fuller! Earth, Iron, Burftone, Flax, and great Q^antitic* of Ktnti/b Cherries and
Pippin*.
19. LoHcaJbirtt
BeLig a County ve^ fertile both in Wool and Flax, affords Employ for the
Natives in the large Manufadtures of Cloths and Linens cftabliHicd there, of which
the principal ones are at Mancbtfitr, Boltmt, and their Vicinage, where arc liiic-
wife made RugSj TWrirjr-work Chairs, Penniftons, Duffels, ISc. and at RochJalt
and its Neighbourhood, as well as the aforementioned Towns, are alio made
CottOM and FuiUans of various Sorts, Kerleys, Tickens, and above all large Quan-
tities of Bays, in Imiution of £M-iMfj, and fhipped off directly for the Portugal
MarkeU u fuch. lu ProduAs are Rock Salt, fome black Lead, Charr, and Can-
nel Coal, which does not only fcrve for a delightful Fuel, but for making Utcn-
fils and Toys, u fine to look on as the highefl poliflied Jet, and fb free from leav>
ing any Tmge, that the whiteft Linen may be rubbed on it without receiving
any Soil i this County and Somtrjitfiirt produce the largcH Oxen in England, and
its Dairies afford plenty of Good Checfe, as has been mentioned in the Defcription
of Cbtjbirt.
20. Leicejlerjbirt
Is famous for Sheep with the largefl Wool in England, and though the Qimntity
of it is very great, yet it is here employed in no other Fabrick than uiat of aVariety
of woven Stockings t befides which, their fble Manufadlure is of Felt, Caflor,
and Beaver Hats. Its Produds are Sm Coal i and Beans and Peas abound here to a
Proverb. It fends (jointly with ff^arwici/bire) above five hundred Tons of Cheefe
by Land to London, and is fuppofed to produce above a thoufand Tons more, fold
to Birmingham and other large Towns, and fent into Nortbamptonjbire, Hertford'
Jbire, fifc.hefides two or three hundred Tons remitted from thence to Stiriridg$
Fair.
21. Lincolnjhiret
Though one of the largeft Counties, is deAitute of any ManufaAiIre, as the In-
habitants fell their Wool unwrought to their Neiehbours, and principally employ
themfelves in the grazing Trade, and fatting CatUe, with which London Markets
are plentifully fupplied ; it alfo fends up annually (jointly with the Iflc oiElyJ from
Holbeicb about twenty-five thoufand Firkins of Butter, on the River Cam, to
Cambridge, and from thence to London by Land Carriage ; and there is likewile
brought yearly in the fame Manner to the faid Ci^ from Spailding and Peter-
borough about two thoufand Firkins, being the Produce of the Fens.
22. Middle/ex
Has iituated in it the celebrated Ci^ of London ; and though it is the fmallefl
County but four 'inEngland,it is certainly the richefl and the moft opulent in Trade,
not only in this, but every other K.ingdom oi Europe. This County has few Manu-
faAures out of ks Metropolis, thou^ thofc of Spital-fields, &c. are very extenfivc,
and brought to great PerfedUoni fo that I may venture to alTcrt, that our Artifans
now equal if not exceed the Frencb in the Beauty of their Silk Fabrick, and flill
continue their wonted Superiority in the Woollen ones ; for though our Rivals can
carry thefe cheaper to Market than we can, and confequently rob us of a confider-
able Share of that Trade we (hou'd otherwife poffefs alone, yet this does not proceed
from any De(e& in the Capacity of our Artificers, but from their working fo much
cheaper in that Kingdom, and the Negledt or Abufc, as formerly obferved, in the
working up our Woollens here, which calls for a flridt Infbedion and Regulation.
This great City is in a Manner the Centre of both the inland and foreign Trade.
a mi
E N G L A N J.
tnd confequently the Tranfporti to it both by Land and Water U vaA and incon-
ceivable i the Concourfe of Waggont, Horfei, and other Carriages for the one,
withShipi. Lighters, &c. for the other, continually cominc in and voinK out, are
innumcnbl*. and muft give a Foreigner a very exalted Idea of that Commerce
which employs them.
13. Menmeuth/htrt
Is one of thofe Counties that affords little worth Regard in Trade, as its only
ManufaAure is of Flannels at Mtrgavtnny, and its Produ^s nothing clfe but Cattle
aod Corn.
Has a judly celebrated Fabrick of all Sorts of StuiTs at Norwich, of which there
is yearly Ibid to the Value of 100,000/. befides what the Manufacture of Stockings
here and in other Parts of the County may xmpon i its ProduAs are Cattle, Corn,
Wool, and Herrings, which latter abound like the Pilchards in the IFeJi, and are
taken in equal Quantities; fo that commonly as many Barrels of thefe are (hipped
in a Year as there are Hogihcads of the others ; thefe employ a great Numoer
of Hands in their Cure, lb that in Catching, Salting, Smoaking, fSc. the greateft
Fart of the Inhabitants of Tarmoutb are engaged, and the Snips belonging to
the Place find good Freights in carrying them abroad. This is a great Dairy
County in the Butter Way, making yearly about fixty thoufand Firkins,
which is fent weekly to Downtam upon the River Cam, and fo by Water to
Camkridgt, from whence it is carried Dy Land to London.
25. Northamptonjhiret
Though one of the fined Counties in England, furniHies but very little for Trade,
as it has no Manufactures but of Worried and Yarn Stockings, and its Products
confiil of Corn, Cattle, Wool, Salt-petre, and fome Butter fent up freHi and
ia Lumps to London, as has been already mentioned.
a6. Nor tbumbtr land
Is (b abundant in Coals, that all Europe might be fupplied from it; Ntwcajilt
fends yearly to London about fix hundred thoufand Chaldron, and for their Convey-
ance keeps upwards of five himdred large Ships continually employed, to the no
fmall Improvement of our Marine, as this dangerous Navigation proves a continual
Fund of good Sailors, than which none are ftouter nor better. Here are large
Mines alio of Lead and Iron, which latter is of the fame Nature with what cornea
from Derlnfiire, and like that chiefly ufed by the Nailers, Gffr. Grindftones are
found in fome Parts { and the River Tine is fo abundant in Salmon, that great
Quantities are pickled and (hipped ofiT from Berwick and Newcaftle for foreign
Markets: I have already faid that this County, with Cumberland, fends about m-
teen thoufand Firkins of Butter to London, and between two and three thoufand
more into Kent, the former Shipped at NewcaftU and Biytb,
27. Nottingbamjhire
Has no other Manufactures than fome woven Stockings, but produces Corn and
Coal in plenty, with fome Lead. Workfop is noted for Liquoriflij Mansfield iot
Maltj and near Nottingbam is found Tobacco Pipe and Potters Clay. This Shire
brews fine Ale in great Abundance, and clubs its ^ifota of the two thoufand Ton
ef Chcele, mentioned in Derbyjhire, to be (hipped for London,
28. Oxfordjhire
Can boaft of no greater ManufiiCtures than the preceding County; it has only
one at Witnes for Blankets ; Banbury is noted for its fine Cheefe, Henley for Malt,
and Burforaiot Horfe-Saddles. It is a very great Com Country, and one of thofe
that plentifully fupply London with fre(h Butter of an excellent Qiiality.
29. Rut-
S7S
■•''■Pi
576 Of the General Trade ttf the WORLD.
29. kntUmdfitirt
Fr«di an Infinite Number of .^heep, whofie Wool U Cud to pcitilM of tht Rad-
ncA of th: Soil, and thefe are the only rommoditiet of the County.
30. Sbropjbir*, or the Ctimty of Sahp,
Abounds in Corn, Coali, ana Iron t ha* fome Pipe and Potters CUijr, and makea
Fknncit and plain white Clotha for Dying 1 the tabritluof thofe arc prindpally
at Sbrfwjbury, where is ulfu every thurflay a Market held for Wtko Cottona,
of which great Quantitie* are bought for London, and a large Qjuntity of excel-
lent Cheelc ii likcwife fent there, a* hinted in the Defcription ofCbtfbtrt,
31. Somtrfftjhirf,
Pew Countici produce (o great a Variety, both for heme and (breign Marketi,
as here is Com in Plenty) Lead, Copper, Lapis CakmiMrh, Cr^tl, Coals, and
Wood for dying. The Oxen in this County cqu«l in fixe thole of Lmcthlhirt,
and the 6heq} are as numerous as in Dorfetjhirt, WUti, Ofr. whkh aflbrds the
Natives a fufficient Supply of Wools for their large ManufiiAurca of alnfioft all
Sorts of Woollens, fuch as Broad Cloth, mixt or Mcdkys, Serves, Druggets, Dn-
royi, and Stuffs of many Denominations 1 Stockings, bothWorfted and Yam,
Kerfics, Shalloons, &t-. At CMdtr iire made thofc celebrated Cheefcs, whk;hex>
ccl the Ptrmejiitt, to an unprejudiced Taftet andcx/r^of the(c, this CounW with
the northern Part of IVillJhin' fends yearly to Mordtn, or Magdalen HiU Fair,
near IVinchefter, about fifteen hundred Tons, which is fold in one Dayi this Fair
is held annually on the 25th aijuij, and is :he greateft for thia Commodity
in England.
3a. Staffordfiirt
Produces Corn, Coals, Free-ftone, Marble, Alabaftcr, Coflper, Lead, and Irou,
of which latter. Nails, and other finall Wares are made : Burttn is famous for its
Ale; and this County does not contribute the fmallell Share to the two thoufand
Ton mentioned under Derby and Notlingbtunjhirts to be fent to London, befides
what its Dairies furnifli for Torkjkire, &i-. as is obfetved in defcribiog Cbtjbire.
33- Suffolk
Is a great Dairy County, and fends yearly to London forty thoufand Firkins of
Gutter upon an Average, which is (hipped at Ipfkoicb and IFeodbri^, and feme
few from Aldborongh \ befides which it makes about ten thoufand Firkins more,
that are fold at Colcbfjitr, and other Parts of Effex. Of the Cheefe it prodoces,
a thoufand Tons ^a little more or lels) is annually brought to Town, with which
the Royal Navy is ferved t fome Part is fold into Kent and Suffitx, and the rcA to
Shipping, &c. as none is eat in London ; a great deal is fent direAly from hence
to NtiaciiJlU, as fome is alio (totn that City. The Navy in Time of War takes
yearly for Vidualling from ten to twdve thoufand Firkins of Butter, and about five
or fix hundred Tons of Suffolk Cheefe, though in Time of Peace the Confump-
tion is not above one fourui of either : Tl» Land Forces are icC with Cbejhire,
/Varwici, or Gloucefterjkire Cheefe, of which between eighty and a hundred Ton
was ifTutd/rr Anttum in the late War. This County is veiy fruitful in Cattle,
and feeds great Multitodes of Sheep, notMrithflanding which tne Confumption of
Wool is U) great in Its Fabrkks, as to oblige the Manufadturers to feck an addi-
tional Supply from Lincoln/bin' : Cloths arc made at Sudbury, and Variety of
Stuffs at Stow Market t ftlfb Says and Perpets, befides large Parcels of Linen ;
and its Frodudls arc Corn, Hemp, and Fullers Earth.
34. Surrey,
Being very barren in the Middle, affords but few Products or Manufadures,
though it is laid that fome Broad Cloth, mixt or Medleys, are made at Ryegate, and
fome Kerfjcs at Guildford and in its Neighbourhood. Iron is found of the fame
5 Quality
f:
ENGLAND.
Quality with tlut of Suffix i and it ii on a Hill near Mui/t6,m that Box growi in a
greater Plenty than in any one Spot in Europt betides.
35. SuftM
Yieldi great Quantitiei of Iron, chiefly ufed in Founderics for Cannon*. Bombs,
6ft. and it has fume Maniifadlories orGlalM. Iti Produdlt arc Cattle. Wool, and
Corn, more c|pcciaily Oats, of wliich itit Crops are incredibly Kreat. The Engli/b
Ortelan (or Wheat Ear) is peculiar to this County; and a Sujftx Carp, ArunJei
Mullet, ChUhtfier Lubilcr, and an Amerlty Trout arc fo peculiarly noted tor their
ExceUcnce. an to challenge a Remark in every Treatifc on thii Shir*.
36. IVarvikkjIiirt
Feeds large Flocks of Sheep, like thofc of Lincolnjhirt, though the greatefl Part
of their Wool is fold, and only li) much retained as to manutadlurc tome woven
StcK'kings, and at Coventry Taminys (or Coventry Ware) and Plaiding » llati of
Felt, Callor, and lieavcr, are alfo made here. Hirmingham is famous for its curious
Works in Iron nnd Steel, fupplicd by the Mines of this County, which alto pro-
duces Coals. Corn, »nd Chcelc in plenty} of this latter (joined to what comei
from Leicejierjhire) above live hundred Tons arc ti:nt yearly by Land to London,
and fome linall Quantities from hence by Barge to Oxford and Ahingdon i bclidet
which thefc two Counties produce at leatl a tnoutltnd Tons, which is difpofcd of
in the Manner mentioned under Leicejierjhire,
37. IVeJimoreland.
The Prodnfts of this County arc but few. though what the Soil denies, it fup-
ilicd by the Indullry of the Natives \ as at Kendal and Kerhy Lonjdale the Manu-
azures of Cloths. Druggets, Serges, Rugs, Pennitlons, Duffels, Cottons, Hats,
and Stockings, are very confidcrable { fo that notwithtlanding its terrene In-
fertility, that of its Looms furnithcs a very handi'omc Part, both to the home and
foreign Trade.
38. mitprt
Being one of the principal Counties in England for the Woollen Manufafturcs,
I fhall here make a Summary of what I have faid concerning them in the others }
and in doing it, (hall join fome of the celebrated Mr. Daniel De Foe's Remarks on
thele Fabricks, in his Complete Englifh Trade/man, to what Experience, and fome
other Authors have furnitned me with.
This and the other large and populous Counties of Somerjet, Glomejier, and De-
von, have Manufadiires fo exceeding great as to employ above a Million of People
in them; and this will appear to be far from m Exaggeration, if it is coniidcrcd,
that belidcs the pojiulous Cities of Exeter, Salijbury, IVelh, Bath, Brijioi, and
GlouceJIer; the largcil Towns, and a greater Number of them than any other Part
of Great- Britain can flicw. and of which fome exceed in Magnitude thcgrcat
northern Towns of Leeds, Wakejield, Sheffield, Gfr. fuch as 'Taunton, Devizes, Tiver-
ton, Crediton, Bradford, Trowbridge, Wejibury, Froom, Stroud, Biddijord, Barnjiable,
Dartmouth, BriJgewater , BLindj'ord, tVimbourn, Sherborn, Cirencejler, MinehcaJ,
Pool, H^eymoutb, Dorchejler, Honit9n,MalmJbury, IVarminJier, Ttdbury, "Tewkjbury,
a.)d many others, too numerous to be infurted, as they amount to about a hundred
and twenty Market Towns, and more than thirteen hundred Pariilics, are all eni-
ploycd cither in Spinning, Weaving, or fome other preparatory Branch of the Wool-
len Manufadtory ; and notwithflanding the AtTiilance is fo great, and the Hands fb
many, yet it is by fome affirmed that they purchafe yearly thirty thoufand Packs
of Wool, and twenty-five thoufand Packs of Yarn ready fpun from Ireland.
It has already occafionally been obferved, that the interior or middle Parts of
England do alfo fupply their Share of Wool, as Leicejler, Northampton, and fVar-
•wickjhires, feed a prodigious Number of iargv? Sheep (like thofe of Lincolnjhire)
for the London Market, whofe Wool being of a/i extraordinary long Staple, and ex-
ceeding fine, is carried (or tlic grcatefl Part of it) weekly, on Tuejdays and Fridays,
to Ciraictjier Maikct (which borders on GlouceJlerJIme and Wilts) being not Icfs in
7 H Qi^ntity
'sn
Si *■'
If-
578
m^
l'4i
u
<w-.. '. .
\i,'f
^m. 1
t '
If."*.'! VWa
jSMli&Ji!^'! i I
IP ""
0/ //&^ General Trade of the WORLD.
Quantity than five hundred Packs per Week, and is there bought by the Combers,
and Carders of Tedbury, Malmfbury, and moft of the Towns on that Side ol the
aforefaid two Counties, extra of what the Clotliiers purchal'c themfclves, and di-
ftribute among the Poor of th^ neighbouring Parts for Spinning ; which being per-
formed, tlie Yarn is difperfed as fur as Froom, JViirminJkr, and Taunton, and fo
made to fupplythe Manufadlures of the Weft Country.
That Part of the Leicc/iirJhtreWodl, which remains undifpofed of in this Man-
ner, is carried northward to Wakefield, Leeds, and Halifax, wliere it is mixt and
worked up with the Wool of thole Counties not citccrncd in general fo fine as the
fouthern ones produce, though tliu Fleece from the Woulds, or Downs, in the luiji
Riding of TorkJInre, and the Biflioprick of Durham, is an Kxception to the above
Remark, as it is very fine and of a good Staple, more efpecially f'-om the Banks of
the Tees, that are for a confiderable Space of a rich Soil, and the Sheep decmcil
thelargeft in England; it is hither that all the beft Wool of the neighbouring
Territories is brought; and the coarfer Sort with that from Scotland, carried into
Halifax, Rochdale, Bury, and the manufadturing Towns of Lancafiire, Wejlmore-
lana, and Cumberland, and there employed in the coarler Fabricks of thofe Coun-
ties, wS Kerfies, Half-thicks, Yarn Stockings, Duffels, Rugs, Turkey-vjork Chairs,
and many other ufeful Manufadturcs, which thofe Parts abound in.
But it muft not be underftood from what I have here mentioned of the aforefaid
Manufactures, that they are confined to the Places there quoted, as they flourifli
in many other Parts of the Kingdom, and are taken Notice of in the feveral Coun-
ties and Places where they are eftabliflied. The Produds of this Shire are, be-
fides its Sheep and Wool, a little Fullers Earth, many of the famous Rabbits oi Au-
burn Chafe, and a large ^^ntity of Checfc, as mentioned under Berkjhirc and Ho-
merfetjhire.
39. Worceflerpire
Is not among the Number of the moft inronfiderable Counties, either for Pro-
dudts or Manuiaftures ; it abounds in Corn, Cattle, Cyder and Perry; at Droitwicb
are Salt Works; at Stowerbridge thofe for Iron and Glafs; Broad Cloth, mixt or
Medleys, Frize, various Sorts of Stockings, &c. are made at tVorceJlcr; Stuffs for
Hangings and Printing, with fome Linfey Woolfey at KidderniinJIer, and Seamens
high Crowned Caps (called Monmouth Caps) at Bewdley.
40. Torkfiire,
The largeft Shire in England, has a proportionable Share both of the foreign and
home Trade of it, which it carries on from the feveral gccd Ports lying in the
County; its Produfts are various, according to the Difference of the Soil, which in
fo large a Traft muft be much more fertile in fome Parts than others. At Wakifield
are Coals; at Knarefhorougb, Ripley, and PontefraSt, Liquorilh. In the North-
Riding, the Hills cnclofe Lead, Copper, and Pit Coal; in thz Eajl-Ridingh A\\\xm ,
and about Sheffield Iron, which is there wrought into various Cutlery Wares; at
Rippon, Leeds, Halifax, Wakefield, Bradford, and Hut her [field, are large Manu-
fadlories of broad and narrow Cloth, mixt, called Dozens, Kerfies, and fome Shal-
loons; Doncafer is noted for Stockings, Gloves, and knit Waiftcoats, as Rippon is
for Spurs; and in feveral Parts are found Freertone, Fullers Earth, and Jet. This
is a great Dairy County, and fends a hundred thoufand Firkins of Butter yearly to
London, of wnich about fifteen thoufand are (hipped on the River Tees, from tjie
Port of S/oc^/o« ; fifty-five thoufand is the average Quantity, one Year with an-
other, brought into the City of york, and fent down the Humber in Keels, to be
refliipped at Hull, and the remaining thirty thoufand are fent from that Place,
Malton, Whitby, and Scarborough. Among other Produds of this County par-
ticularly, as well as others, that of Horfes Oiould not be forgot, which brings large
Sums of Money into the Kingdom, there being few Princes in Europe which aic
not fupplied from Eriglanu with Saddle-Horfes for their own Ufe and for the Olii-
cers of their Armies.
This finifhes the Counties in England; and I now proceed to thofe of /fVi-j',
of which the commercial Defcription will be Iliort, as they afford but vcr) little
towards the Support or Inf-icafc of Trade.
1 . Anglefy
w
s.
579
I. Angkfey
Is an Ifland encompaflcd on all Sides by the Iripj Sea, except on the 5. £. where
it is parted from Caernarvon/hire by the River Menay or Menia ; it produces Cattle
and Com in Plenty, with good Store of Mill Stones to grind it.
2. Brecknockjljire,
Like the preceding, affords Cattle, and Corn, with fomc Otter Furr,and sxBreck-
nock hath a good Trade for Clothing.
3. Cardigan/hire,
Befides the aforementioned Produds of Corn and Cattle, has good Mines of
Lead, fomc Copper, and a little Silver, though no Manufactures of any Sort.
4. Caermarthenflnre
Affords more Plenty of all things than the preceding Counties, as it abounds
in Corn, Cattle, and Salmon; has Pits of Coal, and Mines of the beft I <:ad; he-
fides which the Dairying Bufinefs, having been greatly improved of late Years in
South-Wales, but more efpedally in thi' Part of it, the Town q^ Caermarthtn, i" be-
come the Staple for it, and from whence is {hipped about fifteen thoufand Firkins of
Butter for London yearly.
5. Caernarvonjhire
Has plenty of Cattle and Corn, though no otlier Commodities, nor any Manufac-
tures for Trade; fo iliall pafs on to
6. Lenbighjhire,
Which in many Parts is very fruitful, more efpecially in Rye, Goats, and Sheepj
JDenbei'^h is noted for Glovers and Tanners. Near Moinglath, and in feveral other
Parts, aifc ^'^.a Lead Mines ; ?.nd large Parcels of Flannels are fold at Wrexham
Market, with Huckaback Linen to the Value of 500 /. weekly ; Blankets are
alio made in this Part of the Country, and fome Stockings both of Worfled and
Yarn.
7. FlintJJjire,
This County has plenty of Cattle, which affords the Inhabitants greater Quan-
tities of Milk for their Dairies than is pofTefTed by their Neighbours, and of which
they make more Butter and Cheefc than they want. Here is likewife Lead,
Pitcoal (almofl fufHcient to fupply Dublin Market ;) Mill Stones, and Honey
enough to make good Store of Methegltn, a Beverage which the Natives are
very fond of.
8. Glamorganjhire,
Of which the South Part is fo fruitful as to be c Jled the Garden of Wales, yet
its Products are confined '',0 Cattle and Corn, and the Natives Attendance thereon
their fole Employ.
9. Merionethjhire
Can boafl only of Sheep for its Produdts, and wrought Cotton for its Manu-
fadtures, fo that it affords nothing for Enlargements in its Defcription.
10. Mongomeryjliire
Is a delightful County, though noted for nothing but its Breed of Horfcs and
Goats, fo that like many other Shires of this Country it might be paffed over unre-
marked, did not my propofed Method require the contrary.
1 1. Pembrokefiire,
Though a very jilcafant County, and abounding with all NeccfTaries of Life,
b.iiigs nothing to Tiafle, except fomc of the largefl Salmon in Britain, taken
I near
wmi^%
■■■■■■ {. 'jsi "■ ■ '.•>'
■■'■ :'iy^\!:-ii!
. -f',.:' • .■- -*■ L
t..»
f
w
hi?"
If .
580 0/ the General Trade of the WORLD.
near Cardigan, in the River Tyvy, and confequcntly affords no Room for en-
larging.
12. Radmrpire
Makes fome Cheefe, and breeds fume Horfcs, with which it drives a fmall
Trade, though hardly worth Regard.
To the preceding Account of England and JVaks, I muft add this Obfcrvation ;
that belides the Produdls and Manufadlures therein mentioned, feveral of lefs
Import are difpcrfed in many Parts of the different Counties, as of Tanners, Pot-
ters, &c- which all together produce Commodities to a very coniiderable Value :
More efpecially the Manufactures of Porcelain at Bow and Chelfea and IVorceJhr,
the two latter for ornamental, and the former both for this, and ufeful China,
which are brought to fuch Perfection, as in many Refpedls to equal, and in fomc
to exceed, the original Fabricks of the Indies.
Having finiflied my promifed Defc-iption oitht Southern Vivtof Great-Britain,
with Refpedt to its Products and Manufactures, my intended Method now leads
me to do the fame by the Northern Part called Scotland, which is bounded on the
South by the Irip Sea and England, from which it is divided by Solway Firth,
and the Rivers EJk and Kerjbp -, on the Wejl Bolder, by the Cheviot Hills, in the
middle Marches j and by tne lower Parts of the River Tweed on the Eajl Border.
On the Eajl it is bounded by the German Sea ; on the North by the Deucalidonian
Sea J and on the IVeJl by the great Wejiern Ocean.
Its Situation is by fome fuppofed to be from 54° 54' to 58° 32' of Latitude, and
from 1 5° 40' to 1 7° 50' of Longitude j though by Stralocb's Maps the Latitude is
made to be from 55° 1 1' to 59° 20', and the Longitude from 10° 5' to 16° o'.
Authors like'vife differ as much about its Extent as they do in Regard of its
Situation, though the generality of them conclude it to be from the Mull of Gal-
loway in the South, to Dungjbayhead in Cathnefs, North, about 2 1 5 Scots and
257 Italian Miles j and hclv/tcn Bucbanefs, on the£rt/?Sea, and Ardnamurchan
Point on the Wejl, near 140 Scots or 168 //j/wb Miles ; and though it be thus
long and broad, yet the Sea running up into the Land iA fome Places, and the
Land thrufling out into the Sea in others, leaves no one Houfe above forty or
forty-five Miles diftant from the latter.
The Divifion of it is into thirty-one Shires and two Stuarties, of which I fhal!
briefly fpeak in an alphabetical Order, and then give an Account of their Pro-
ducts and Manufactures together.
I. Aberdeen.
This Shire is far from being unfruitful, as the Plains produce all Sorts of Corn,
and the Mountains good Pafturage ; the neighbouring Sea affords Plenty of Fifh,
and a fufficient Matter of Reproach to the Natives for their Negligence, in per-
mitting the Dutch, for fb many Years, uninterruptedly to reap thofe immenle
Gains they have done from thefe Coafls, without being animated by their Exam-
ple, at leafl to fhare the Profits with them, vvhich I hope they will now be taught
to do, by the Fflablifhment lately made for this Purpofe. Hitherto they have
contented themfelves with the Salmon, Trout, and Perch Fifhery, in which the
Rivers of this Shire abound almofl to a Prodigy ; and here are likewifc found
many Shells with Pearls of a large Size and good Colour. The Women in this
County are noted for fpinning a fine Linen Yarn, which they fell to the Fabriclcs
of Aberdeen in great Quantities ; and are there manufactured into Cloth of a very
good Quality (as is alfo done at Strathbogy ;) large Parcels of worfted Stockings
arc alfo made here, and of thefc, fomc fb fine, as have been fold for fourteen,
twenty, and thirty Shillings a Pair. They pickle and pack in Barrels great
Quantities of Poric for Exportation, as they do Meal and Corn j and indeed the
Inhabitants of this City mayjuAly be deemed univerfal Traders.
2. Aire
*
drives a finall
.G.
S C O T L A N B.
2. Airi
Contains the three great Bailiwicks ofScatlOttJi viz. Carrick, Kyle, andCww-
tungbam, which diiFer in the Fertility of their Soil, though none of them are bar-
ren j they produce Corn and Cattle, as the preceding Shire does, but not in fuch
plenty ; and the Inhabitants, being an induftrious People, are many of them em-
ployed by the Merchants of Glafgov} and other Places, in their Herring Fifhery.
The Rivrr Aire abounds with Salmon and Trout, as Lady-IJle (about Eve Miles
from the To'vn oi Aire) does with Fowl and Rabbits; and liom Ir-uiin grea\
Quantities oi Scotch Coal are exported for Ireland.
Argyle,
■ ■ O
' This Shire is generally fitter for Fafture than Tillage, though it produces Corn
in great Plenty ; its Rivers afford abundance of l^lmon, as its Coaits do of Her-
ring, Cod, and Whitings ; Lorn is the pleafanteft and moll fruitful Part of it,
and the Inhabitants are more given to Fifhing and Hunting than to any Manu-
fadiures.
4. Bamff'
Is very fertile, and the generality of the Country well furniflied with Grafs and
Corn, as the Rivers are with Salmon, of which here is a very advantageous Fiflwry.
In Bahenie is found the Stone of which Allum is made ; and near Strathyla, fuch
a Quantity of thofe for Lime, that they build their Houfes with it, extra of what
they fell, which brings in great Profit, as their Commerce of fat Cattle, and fine
Linen, difpofed of in their weekly Markets, does at the Village of Keith. In
Balvenie there is a Rock of very good Whetitones and Hones, fufficient to fupply
the whole Ifle ; and as they are fo abundant, the Neighbours cover their Buildings
with them inftead of Slates.
,JlU
5. Berivick
Was originally a Scotch Town, and has never to this Day been accounted any
Part of England j it has divers Cullortis diftind: from thofe of either Kingdom ;
and is privileged as a Place of Liberty of itfelf ; it was formerly the chief Towa
of the Merfe, or March, which is flill called the Shire o{ Berwick.
This County is very fruitful in Corn and Grafs, with the former of wl.ich, and
Salmon, Berwick carries on a great Commerce ; as Duns (famous for the Birth of
'John Duns Scot us J does by a weekly Market for Cattle and other Things, fo that
it has the beft Trade in this County *
6. But be. Butt, Boot,
' .ifc'od
;St
Is afmall liland near the CcaOi o( Argyle, about ten Miles long,- and ii Slxrievalty
of itfelf, whofe Sheriff has alfo under his Jurifdidlion the Ifland oiGlotta or Arran ;
both thefe Iflcs are tolerably fertile, and their Produce of the fame Nature with
that of the other tVeJiern IlLnds ; Bute is befides famous for its Herring Fifliery,
as Arrm is for the S^mon, tak«n in its feveral Rivers, and for the Herrings, Cod,
and Whitings on its Coafts.
;M M^.^^akhnefit
Being the northernmoft Part o( Scotland, and lying low on the Coafts, produces
only Corn, though the Mountains ^ibound widi Sheep, Goats, and black Cattle,
of which latter large Dirves are fcnt to England, and chiefly difpofed of in the
Counties of Norfolk, Suffolk, a*id Bjfex ; it ii fuppoied by fome that Lead, Copper,
and Iron, may be founa in thefe Parts, though as yet no Mines have been opened
of cither ; and whatever the Indications may be of thefe Riches, no oec has
hitherto attempted^ fcarch after ttiem, either through a Want of Faith or Funds,
or both. .ViUSl'v.iUj. ijjijy ■?'
7 I 8. Clack-
.i.'f
!('
>)
#.
)
1 ,M
582 Of the General Thad^ ^//&^ WORLD*
I;
c .
i !
i)
K
if"
Lt;
.1,- , «
8. Ckckmamatu
Though but a fmall, is a fertile County, both iti Com and I^afturage, and
llkewifc abounds in Salt, and produces more Coals than any Part in North-Bri-
tam, which are exported to Engiami, France and Halland.
9. Cromartie
Is a woody Country, and noted only for the Pearls found in the Waters of
Corron ; fo I pafs Oh to,
10. Dumhriton or Dumbarton,
Of which as little can be faid, in Regard of its Produfts, as of the preceding
County, the Lowlands yielding Corn, as the Uplands do Pafturage, befidcs which
itothing is found here to promote Trade.
It.
Dumfries, with the Stewarty of Annandale.
The Soil of this County is more fuited for the Grafier than the Farmer, and %
tolerable Trade is carried on by the Natives in Cows and Sheep. Near Wachop-
dale the People make Salt of Sea Sand, which is a little bitterifli, fuppofed to pro-
ceed from the Nitre with which it is impregnated. Dumfries is a con^dcrable
trading Town, well filled with Merchants, as its Port is with Shipping, though
the Woollen Manufadurc that formerly flourifhed here is now decayed.
12. Edinburgh, ot Mid-Lothian.
This Trad o( Land is pkntifully fumifhed with all Neccferics for Life, Sind
fome for Trade, as it produces Corn and Cattle of all Sorts, abundance of Coal,
Lime-fione, and Salt ; and near the Water oi Leith is a Mine of Copper. Edin-
burgh, the Capital of this Shire, and of Scotland, is a noble City, tnough built
on a Spot incommodious for Trade, fo that Leith is the Port to it, from whence,
as may reafonably be fuppofed, a vtry great Traffick is carried on j though this
might be vaftly encreafed, had the Temper of the People led them to the Conti-
nuance and Eftablifliment of Manufactures ; but thofe they had before the Union
arc moftly laid afide, as the Inhabitants are more conveniently fupplied fmcc with
all Sorts of Commodities from England.
13. Elgin
Takes its Name from the Royal Burgh fo called, and is a very fruitful Part of
the Country, as well in Corn, as Cattle ; LoJJie may properly be called its Har-
bour, not lying far diftant, and is a Place of good Bufmefs. At a Village called
Germach, are annually pickled and exported, from eigh^ to a hundred Lafts of
Salmon, all taken in the few Summer Months, and witbm the Space of a Mile.
14. Fife
Is an excellent Spot of Ground, abounding with Grain and Pral'ire, and in
fome Places with Lead Ore, and Coal j its Seas are well filled with Fifli, as well
thofe guarded with Scale, as Shell. At Dumfermline is a Manufacture of Diaper
and other Sorts of good Linen, which is the folc Employ of its Inhabitants, and
thofe of the ncighbourine Towns.
15. Forfar, or Angus ^
Has feveral Quarries of Free-ilone and Slate, with which a good Trade is
driven ; near the Caftle of Inner Markie, arc Mines of Lead j and Iron Ore is
found in Plenty near the Wood of Dalbogne. The higher Ground (called the
hrae) lupports Abundance of red and Fallow Dwr, wiUl Roebucks,. and Fowls;
And the Salmoii Fiibery here \i very coaiid£rable«
16. Haddington
7
in the Waters of
SCOTLAND.
16. Haddington
Cdhtains Eafl Lothian, which, like the other Part oi Lothian, is a fine Coun-
try I the chief Towns are Dunbar and Haddington, of which the former had once
SI large Herring Fifliery, where they cured them in the fame M[anner as at Tar-
mouth, though not with the fame Perfedtion for their Prefervation, fo that this
Bufinefs is now come to Decay ; as has been the Fate of a confiderable Woolieii
Manufacture that once flourimed at Haddington, when, before the Unionj Eng-
/^ Cloth Was prohibited in Scotland; but when that was Once concluded, Ihe
Clothiers from Worceficr, Gloucefler, IVilts, Somerfet, and Devon/hire, poured
in their Goods fo faft, and underfold the Scots fo much, as reduced them to a
Ncccflity of quitting their Fabricks, fol- the greateft Part j and at this Place to
content thcmfelves with Spinning, Dying, and Weaving of another Sort.
17. Ltvernefs •
Abounds in Iron, and with it its neceffary Concomitant, large Woods of" Fir and
Oak } other Parts of the Shire arc very fertile ; and at the Town of Invernefs,
there are Manufadtures of Linen and Plaids, whofe weekly Market is plentifully
fupplied with Butter, Cheefe, and Goats Milk, though all very bad, and fhanie-
fully nafty in their Kinds j up the River is a very great Salmon Fifliery, which^
when cured, is embarked at this Town, being conveniently fituated for Trade.
18. KincardiH.
This County is fruitful in Corn, Pafturagc, and Timber, having above five
Millions of Fir Trees, befuus vail Numbers of many other Kinds, planted in lefs
than a Century paft. Paldykirk has an annual Fair, continuing three Days, where
the principal Commodity fold is coarfe Cloth, commonly tranfported to the Nt~
tberlands.
19. Kinrofs
Is a fmall Traft of Ground, in which there is nothing remarkable, but a
Loilgh abounding with Pikes, Trciuts, and all Sorts of Water-Fowl.
ao. Lanerk,
ThechicfCity of this Shire is GAi/g-ow, arid the beft fetnporium of the Weft
of Scotland, though Lanerk is the County Town; the Country abounds with
Coals, Peat, andLimeftone, but moft advantageoufly with the Lead Mines be-
longing to the Earl of Hopton^ near which large Pieces of Gold have been found
after hafty Showers, and Lapis Lazuli dug up without much Difficulty. Glaf-
gow is, in Regard of its Trade and Grandeur, only inferior to Edinburgh, having
a confiderable Number of Merchants refiding here, and no fmall Fleet of Ships
belonging to them, for executing their commercial Projefts, as well in America
aselfewhere. Their Share in the Herring Fiihery brings great Advantages to
the City, as they have a Method in their Cure that makes them equal to the Dutch
ones ; here are fomc Sugar-Bakehoufes, a Manufacture for Plaids, and another
for Muflins and various Linens, of which large Parcels are fent abroad.
S«3
i ¥
ftr» Linlithgow, or Wejl- Lothian.
This County in general abounds with Com Fields, MeadoWS, arid grcetl Hills
which afford Pafturagc for large Flocks of Sheep and other Cattle ; the Rivers
apd neighbouring Seas abound with Fifli ; and here is Plenty of Coals, for Fuel
and Exportation j at Prejion Pans, and clfcwhere, is made great Quantities of
Salt. At Linlithgow is a large Manufafture of Linen, and the Water, is
experienced to be of fuch an extraordinary Nature for Bleeching, as to induce
many People to bring their Linen for Whiting here, to thcr no finall Advantag;
©f the Place.
2%. Nairn.
I.
p4
1 1
rA
'ii-
584 0//Ae General TbJade of tieWORLD.
22. Nairn.
The Soil of this Cdutity is fruitful and rich, tlie lower Part bearing Plent/ of
Corn, whilft the upper Parts flotirifh with Paftures fit to graze Cattle for fatting
and the Pail ; ana indeed Kierc is nothing wanting that any other Part of the
Kingdom produces.
23. Ptthlei, or 'fiveedale.
Enjoys a temperate Climate and a clear Airj its Mountains are cloathed in a
beautiful Verdure that affords Paflure for large Flocics of Sheep, bearing an ex-
cellent Wool, of which the greateft Part is fold into Englarul j the Rivorg abound
with Salmon, and the Vallies near them are fruitful in Cora aud Grafs. Hero
are fomc Cosil Mines, with Plenty of Turf for Fuel j and the Lake called JViJl-
JVater produces fuch Quantities of Eels and other Fifli, about Augujl, that
during a Weft-wind they flioot in fuch Shoals into a fmall River running
from the Lake«,.a8 fQmetimcs to overthrow the People who go in to catch
them. '.'l^''" A
•, 24. Ptrtb
Is very fruitful in Grain, more cfpecially in that Part of it called Goavry, which
is very remarkable for its noble Corn Field*;, as tho Kivcr Keitbh for its fjac Sal-
mon Fifliery. Culrofs is noted for its Trade in Coals, Salt, and Girdles. The
Ochil Hills are faid to abound with Metals and Minerals, particularly with good
Copper, and Lapis Calaminaris, and at Glen Lion with Lead. At Pcrt/j (the
fccond Town in iVo//</W for Dignity) is fo confiderablc a Maniiradhirc for Linen,
as to fupply all the neighbouring Territory in fomc Branch of it>; and as the tuy
is navigable up to the Town for Sliips of good Burthen, they here embark vafl
Quantities of it for England; this River alfo furnifhes the Town with fine Salmon
ill prodigious Quantities, which is carried to Edinburgh, and other Parts where
this Fifli is wanting, befides barrelling up large Parcels for Exportation, as the
Merchants of this Place carry on a very confiderable foreign Trade.
25, Renfrew, . •
This is in general a more pleafant than fertile County, though it furniflies fuf-
ficicnt Neceflaries for the Natives, and that Part bordering on the Clyde is very
fruitful. At Greenock is the ihicf Seat of th* Wejlern Herring Fi(hery ; and at
Vajly, and for three Miles above it, in the River Whiticart, are found msuiv
Pearls, cllccmed for th^ Size and Beauty.
26. Rofs
Is fertile in Corn, except toward the Shore next Murray Firth, though '\t
abounds with Woods and Pafture, which fumifhes Pood for its numerous Herds
of Cattle, Goats and Deer. At Loch-ew great Quantities of Iron were formerly
made, and a little farther North Loeb-Brien runs into this County, and is cele-
brated for its noble yearly Fi/hery of Herrirtgs, >Vhofc Quantities are inconceiv-
able, except by Eyc-witneflcs of them : The Rivers of tms County produce fitit
Pearls, and the Diflrift of Ttyn is a very fruitfitl f leWant Country.
27. Roxburgh,
Fruitful in Corn and Pafluragc, abounds alfo in Herds of Cattle of the bed
Breed in Scotland, both for Size and Goodnefs, K<IJh is a Towaof good Trade,
as are fcveral others in this County.
28. Selkirk
Produces but little Cofn, the Country being fitter for the Grazing Trade than
the Plow, and accordingly the Inhabitants principally fnbfift: by it, as they raife
and feed great Quantities of Cattle, which they fcnd-to England for Sale.
4 *9- Stirling,,
*\i ''*!
vww *i«Jij:i;ii.H
SCOTLAND.
29. Stirling, or StrnWi/:g,
Is very fertile botli in Corn and Grafs, which feeds and fattens large Flocks of
Sheep and black Cattle. ' It '^ivcrs very plentifully fupply it with Salmon, as its
Mines do with Peat and Coals ; at Sfir/ing there is a very coiifiderablc Manufac-
ture of Serges and Shhlloons, which in Make and Dye arc very good, and proves
a great Sup^-ort to the poor People employed in it, as they are thereby enabled to
live very comfortably.
30. Sutherland, including Strathnavern,'
Though a northern Province, is more fruitful in Corn and Padurage than could
be cxpcdted from its Situation ; it abounds with Filli, Fowl, Sheep, black Cattle,
Goats and Deer ; here is one Sort of Bird peculiar to the Country, which is called
Knar by the Natives. This Shire abounds with Lakes and fiiiall Rivers, in which
are lometimes found Pearls of great Value ; as alfo in Silver, Iron, and Coal Mines,
Qjiarrics of Frecftone, Gff. but all very much ncgleded : Strathnavern is Part of
the County, and being very mountainous, produces but little Corn, yet is very
abundant in all Sorts of Cattle, as its Lakes and Rivers are in Filh, more efpecially
Salmon ; they have Iron alio here, and both this and the other Part of the Shire
export very confiderable Quantities of Salt Beef, Hides, Deer and Sheep Skitis,
Tallow, Butter, Checfc, Cod, Salmon, Wod, &c.
31. Wigtoun
Comprehends alfo the Weft Part of Gailo-Way, which produces excellent Wool,
and briflc, hardy little Horfes, called, after the County, Galloways; the Rivers
abound with Salmon, and both Parts having feveral good Harbours, they might
carry on a much better Trade than they do, was the Induftry of the Inhabitants
correfpondent with the Produdls of the Country.
Bclides the thirty-one preceding Sheriffdoms, which fend Members to Parlia-
ment, there are two Stewarties, viz. Kirkcudbright and Orkney, the former being
in its Produdls fimilar to IVigtoun, juft now mentioned (of which it is a Part;l
though the latter is very different, and confifts of the Ifles of Orkney and Shetland^
whicn being many, their Soils arc various, though in gerteral they are fertile,
notwithftandiiig they lie fo far North, and are fruitful in Corn and Cattle. The
Author of the brefint State of Great-Britain, fays, that in Pomona, (the largcft
of the OrcadesJ there are feveral Mines of good white and black Lead, and that
its Lakes and Rivulc.s abound with Salmon; Salt is made at Sanda, and from
thefe Iflands together are yearly exported large Quantities of Buiter, Tallow,
Hides, Barley, Malt, Oatmeal, Fiih, faltcd Beef, Pork, Rabbit Skins, Otter
Skins,- white Salt, Stuffs, Stockings, Wool, Hams, Qujlls, Down, and Feathers.
The Ifles of Shetland differ very much from the Orkneys, as they have but little
Corn of their own Growth, fo are obliged to import it from the Qthers, though
they have Abundance of Fifti on their Coafts, and an equal Plenty of Cattle on
their Lands : They have Manufadures of coarfc Cloths, Stockings, and knit
Gloves for their own Ufe, and fome they fell to the Norwegians.
And from this Defcription of the Produdts and Manufa(flures of the different
Shires may be collected, that Scotland furnifhes to the Trade oi Great-Britain large
Quantities of Wool, wrought atid unwrought; Hemp and Flax, crude and worked
up into Linens, coarfe and hne; Hollands, Cambricks, Muflins, Callicoes, Dornick^
Damafks, &c. Plaids (in which they excel all Nations both in Finenefs and Colours)
Iron, Copper and Lead both white and black; Pearls, Coral, and fomctimesAm-
bergi is ; great Quantities of Fifh, fuch as Whales, Herring, Salmon, Cod, Ling,
Torbuts, Mackril, and fometimes Sturgeon ; among thefe may alfo be reckoned.
Otters, as they are amphibious Creatures, and produce the Wool which ferves for
various Ufes. Scotland alfo affords, Fullers Earth, fome Sperma Ceti (found on
the Coaftof the OrcadesJ Coal, Marble, Agate, Cryflal, (3c. different Sorts of
Grain, Cattle, Butter, Cheefe, Timber, &c. of which fome are fent to different
Markets, as will be remarked when I fpeak of the Imports and Exports of this
7 K Kingdom,
S8S
1 ■ K'^'^y^'^i
m
^iiiM-ir
:■ ■ t V.i . ■
5 86
I
Of the General Trade e>/ /i&* WORLD.
Kingdom, which I ftiall do fubfequent to the fliort Defcription I have to give
of the Counties in Ireland, to which I am now led in the Profccution of mv
Scheme.
my
IniLAKD. /r<>/W is divided into four Provinces, viz. Connaught, Ltinjier, Munfitr, and
Vljler ', and thefe again Aibdivided into Counties, of which, Connsught contains
Galtway, Letrim, Mayo, Rofcommon, Slego, and Thamond; Ltinjier confiils of Ca-
therlagh, Dublin, Eaji-Meatb, Kildare, KilAeni^, King's County, LongJ'ord, ^urit
County, Weft-Meat b, Wexford, and Wickloivi MuHfler if compofed oi'Cork, Kerry,
Limerick, Tipperary, and Waterford\ Ulfter contains Armagh, Antrim, Cavan,
Down, Donnegal, Fermanagh, Londonderry, Louth, Monagban, and Tyrone ; of all
which bricHy and in Order.
I. Gallway
Is a Country very fruitful to the Farmer, and not leis advantageous to the
Shepherd ; its chief City is called after the County, and is a Place of great Trade,
being finely (ituated for carrying it on, in a Harbour capable of containing a lorgs
Fleet of Ships, called the Bay of Gallway.
t. Letrim,
Though a very hilly Country, produces Plenty of a rank Sort of GraT;, which
feeds almoft an infinite Number of Cattle, fo that Grazing is here the [ rincipal
and indeed ahnoft fole Employ.
3. Mayo.
A Diftrid very different from the preceding, as it is very fertile, and remark-
ably rich in Cattle and Deer, befides being celebrated for its producing a targe
Quantity of fine Honey.
4' Rofeoimnonf
Being a plain Country, is fuited to the Plow, and with very little Labour be«
comes fruitful, and yieldeth Plenty of Corn.
5. SJego,
Though not abounding in Grain, is a very plentiful Country both for breeding
and feeding Cattle ; fb that befides the Advantages arifing from the fattening them,
the Fleece and the Psul proclaim the Riches of the grafing and dairy Trade.
Slego had in the Year 1723 eighteen Ships (with 880 Tuns), belonging to its Port.
6. Tbomond
Is a very fruitful Soil, abounding both in Tillage and Paflurage; befides which
it enjoys the Advantages of a commodious Situation for Trade and Na> igation.
7. Catkerlagb.
This County enjoys a Diverfity of Soil, all contributing as well to Pleafure as
Profit } its terrene Fertility being blended with the advantageous Produfts of the
Woods ; and the Beauties of Ceres and Fauaut contributing by their ContraA to
form a delightful Landikip.
8. Dublin
Produces Cora and Grafs in Plenty, and confequently cannot be deftitute of
Cattle, though it is of Wood, fo that the Fuel is only Peat dug here, and Coal
brought from Wales and other Parts of Great-Britain^ The City of Dublin h
the Capital of Ireland, and efleemed the befl built of any one in the three King-
doms, next to London ; it carries on a great Trade, has large Manufa(£turcs, and
in the aforefaid Yiear 1723, Had 1834 Vellels (with 90758 Tuns) appertain-
ing to it.
2 9. Ea/i'
WJ'
n^^'
1 -"itft <
m
LD.
have to give
ution of my
Mui^tft and
ugbt contains
onfifts of Ca-
ifordt Sl^itrit
i Cork, Kerry,
\trim, Cavan,
Tyrone ; of all
itageous to the
if great Trade,
itaining » large
fGi^' which
re the [ rinclpal
le, indremark-
roducing a large
little Labour bC"
FIT) ,
toth for breeding
fattening them,
nd dairy Trade,
jing to its Port.
;; befides which
Na' Igation.
II to Pleafure as
Produftsofthe
beir Contrail to
be dcftitute of
here, and Coal
;ity of Dublin is
the three King-
inufadturcs, and
luns) appertain-
9. Eap
IRELAND.
9. Eaji-Meatb
Is a County very rich, pleafant, and populous, affording an Employ for tho
Grazier, Farmer, and ManufaAurer, carrying on a good Trade, more efpecially
from the chief Town Trim.
10. Kildare,
Not unlike the preceding, being rich sind abundant in all NecelTaries of Life,
and furnishing Sundries for Trade.
ir. Kilie/tny,
In Plenty of »11 Things, is inferior to no other Part in this Kingdom ; the chief
City bearing the County's Name, is very large and ftrong, and the moft populous,
rich, and beft trading inland Place in Ire/and.
12. King's-County .f„«..mT
Is a Spot not near fo fertile as fome others, and therefore affords but little to be
&id in its Favour.
13. Longford,
Though a final], is a very rich and pleafant Country, abuiidaint ui Products,
both for the home Confumption and Sale.
14. ^een's-County.
This is a poor Country, full of Woods and Bogs, produdlive of very little Corn,
though is fomething more mdant in Cattle, to which its whole lUches is con<<
fined, with the Exception vhat their Timber produces.
15. Wefi-Ueatb
Abounds in Plenty of all Things, and for Fertility and Populoufiicfs is inferior
to no County in this Kingdom, which enables it to furnlHi Trade with fevcral
Commodities.
16. Wexford,
Like the preceding County, is very fruitful, and produces Plenty of Corn and
Grafs; it likewife abounds in Cattle; vcvd, Wexford, the Borough Town, was
formerly reckoned the chief City in all Ireland ; and thpugh it is not' io now, it
yet continues a Place of good Trade, having a very commodious Haven at the
Mouth of the River Urrw or Slany, to which belonged in 1723, twenty-one
Ships (with 640 Tons.)
17. Wicklow
Muft neither be counted fertile, nor barren, being of a middling Nature, and
confequently its Produfts do not greatly encreafe or improve Commerce ; its
Port (of this Name) however had appertaining to it in 1723, twenty-one Ships
(with 799 Tons.)
ly. Cork.
It is (including Defmond) the largeft County in Ireland, though couhted very
wild and woody ; it has Icveral good trading Towns, as Toughill, Kinfale, RoJJe,
Baltimore, but above all, the Capital of the County, Cork, which is a Place from
whence great Exports are made, having a very commodious Harbour, and being
otherwife conveniently fituated for thatPurpofej it hdd ift the Year 1723, fix
hundred and ninety Ships (with 36526 Tons) belonging to itj Tottgbill M\.y-
one Ships (with 2153 Tons;} Kinfale forty-four Ships (with 22 14 Tons ;) Rojfe,
twenty-Ceven Ships (with 159 1 Tonsj) aoA Baltimore thirty-eight Ships (with
1193 Tons.)
19. Kerry
Hi
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588 Of the General Trade of the WORLD.
jy. Kerry
Has it$ Mountains genetally covQicdwith Wood, and its Vallies cniiclud wiili
Corn Field*} Dingli' is the chief Town, well fttuatcd for Trade and Navigation, on
a large B«y of the fame Name, and the weftcrnmoft of any Note in uli the King-
dom, and had, in the abovenicntioned Year, appertaining to it, fix Ships (with
288 Tons.)
■/
^. ,', \r ao« Limerick
Is a fertile Country and well inhabited, being mountainous towards the Weft,
and the reft plain. Limerick, the Capital, is an elegant, rich, and populous Ci»v,
whofe Trade is very confidcrablc j for though its DiAance from the Sea is ai)out fifty
Miles, yet Ships of Burthen may come up to the very Walls, and in the afoief;iid
Year it had belonging to it fcventy-one VelTcls (with 3443 Tons.)
21. Tipper aty
Towards the South is exceeding fruitful, though the other Parts of it notfo;
its Produds furniih fomethtng towards Trade, though it nas no Place well iituated
for carrying any on.
i2. Wat erf or d,
A moft delightful Coufitry, whether confidered in regard to Riches or Plca-
fure } and Waterjord, the chief City (and the fecond for Uignefs in the Ifland) is
very wealthy, populous, and well fituated for Trade, in which it is very contide-
rably engaged ; and its Exports are as large in Leather, Butter, Gff . as moft in
the Kingdom ; it ftands at a good Diftance from the Sea, yet Ships of a large
Burthen may come up to, and fpfely lie at the Key, of which it had of its own,
in 1723, 176, with 7554 Tons.
23. Armagh.
This County, 'or Richnefs and Fertility of Soil, is fuppofed to furpafs any in
Ireland, though being deftitute of Places of Trade within itfelf, its Produdt
ferves f fwelTthe Number of thofc that integrate the Commerce of its better Ii-
tuated Neighbours ; it is, hov/ever, fully employed in the manufaduring Linens,
which fupply its Want of the exporting Bulinefs.
24. Antrim
Is fufficiently fruitful, and is one of the five Counties that are fully employed or
embarked in making Linens ; its chief Town is Carrickfergus (or KnockJ'ergus) is
very rich, populous, and a Place of good Trade, being commodioufly fituated for
it on a Bay of the fame Name, with an excellent fine Harbour ; to which we may
add Belfaji, about eight Miles diftant, fcated at the Mouth of Lagen-fVater, as it
is a thriving Town, and daily improving, having three hundred and levcnty Sail
of VelTels (with 9180 Tons) appertaining to it in 1723.
25. Cavan
Affords little worth Regard in a Work of this Nature, as the folc Employ of t!ic
Inhabitants is fpinning Thread for the Linen Manufactures in other Parts.
- a6. Down.
A very fertile Spot in general, though fomc Parts are incumbered with Woods
and annoyed by Bogs; here are fome few Towns with a pretty good Trade,
lying on Carrickfergus Bay, Gfc. but the principal Employ of the Natives is the
Linen Manufadlure, carried on to as great a Height in this as in any other County
of the Kingdom.
5 27. Donnegal
in the aluicf-iid
IRELAND.
17. DoHHtgs/
h a fine champatn Country, and with mlny more Haveni than any other Diftridi
in the Kingdom ; £0 that iti Situation for Trade naturally encourages the Inha-
hitants to improve and fall more into it, than other Parts deftitute of fimilar Adt
vantages. Killebe^t had flx VefTels (with ^55 Tons) belonging to it in 1723 » and
a laree Quantity of Thread is fpun in this County for the making Linens in its
Neighbourhood.
2S. Fermanagh,
So like to ^een's-County, that one Defcription may ferve for botli.
39. LondonJtrry,
A Country fomething champain, and very fruitful in Corn, Cattle, (Sc. it hat
fome Places of Trade, though none of fo much Confequence as Londonderry,
which in 1723 had iifty-eight Ships (with 2281 Tons) belonging to it, and Cole-
rain thirty-four (with 796 Tons ;) this is a Part of the Country very confiderahle
for its Linen Manufactures, in which the major Part of the liihabitants find a full
Employ.
30. Loutb,
Is a County abounding in Forage, and otherwifc fufficiently fruitful, carrying
on a very good Trade, from the many Towns it has, well feated for commercial
Engagements, as Drogbeda, Dundalk, Carlingford, (3c. of which the firft had ih
the aforefaid Year a hundred and eighty-five VcfTcls (with 47 1 5 Tons) and Dundalk
two hundred and thirty-two Ships (with 4302 Tons) appertaining to them.
31. Monaghan
Only to be mentioned for Method Sake, as it is a Territory Covered with Hills,
and thefe with Woods, without any Site or Products for Trade, except what the
Natives procure in fpinning Thread for the Linen Fabricks of other Parts.
32. Tyrone.
This Is a rough and rugged Country, but withal fufliciently fruitful, thougli
without affording any thing particular to remark in Regard to Trade, except its
extenfive Linen Manufacture, which affords the Natives a very comfortable
Support.
From the preceding Account of the Shires, maybe colleAed that the Produdls
and Commodities of Ireland, are Cattle, Hides, Tallow, Suet, great Qjiantities of
Butter and Cheefe, Wood, Salt, Honey, Wax, Furs, Hemp, Linen and Woollen
Cloth, Frizes, vafl Store of Wool, coarfe Rugs, Pipeflaves, Hoops, Salmon, Her-
rings, Pilchards, Lead, Tin, and Iron, of all which I fhall remark what ferves for
Exportation, when I come to fpeak of the foreign Trade of this Kingdom in its
proper Place; but fhall previous hereto, treat of the general Traffick of Great-
Britain, in the Method I formerly propofed, viz. by dividing it into the home and
foreign; though in this fome Difficulty occurs, as they are too much blended, to
admit of an eafy and nice Separation. Our home Trade (which is certainly the
greateft in £»ro/£'^ being confiderably encreafed by our Importation of many foreign
Commodities; as Wines and Brandies, Oranges, Lemons, Raiflns, Almonds, Figs,
Spices, Anchovies, Capers, and Olives, all confumed within Land, and moflly by a
retail Trade; raw and thrown Silk, Linen and Cotton Yarn, Spanijh Wool, &c. all
manufadured here; Materials for Dying, fuch as Woad, Madder, Sumach, Or-
chil, Indigo, and Cochineal ; Oil, both edible and for clcanfing our Woollens, &c.
Thefc and many more imported Commodities, are mixt with our Produds and
Manufadurcs to the Supply of cur Tradefmen's Chops, and the conftituting that
one immenlc Article called the borne Trade. I might here expatiate on the Sub-
7 L jedi
589
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590 Of the General Trade d/'/A^ WORLD.
\tSt. t and add, that all thofc Goodt ufed in our Fabricks, do not only pafc through
the Hands of the Weaver to that (>rthe Shop-keeper, ai raw Silki are fird dyed,
fpun, and thrown, before they arc woven, and fo lole their Specie* to become
an Englifh Manut'adture t Cottons oaft pretty near the fame Traniformation, and
almoffall thclc conratned amongll lu. liut the principal Branch of our hcnne
Trade, and in which an infinite Number of Handii arc employed, is our Woollen
Manufacture, whofe Itnportantx will be dcmonftratcd, by explaining the many
ditfcrcjit Steps taken towards its Perfection 1 for though On a tranfient View it
fccMis loon and cafily performed, yet the Apparatus (rightly regarded) will b«
found to lie very conhderable, and almofl to eipial the Manufadlure itfelf, as the
Materials mnft be differently prepared, and pal's through fo many Hand* before
they come to the Finirtier, and after him to the Tradcmian.
Till- Wool and Oil has been already mentioned as the great Principles of the
Mannfa<5lure in general, and thclc arc brought by different Channels to the Artifan,
and indeed pafs a long Way in the ordinary Channel of Trade, before they meet
at the Clothier's Houfe.
The heft Oil for this Purpoft comes from G(illipoH, and moft of the imported
Wool from Ireland and Spain (the Qnantity of that froni Turkey and Barbtiry being
but fmall ;) though the principal Fund of this Mnnufadlurc is the Produce of our
own Sheep. This Wool takes a great many different Turns through many Hands,
and appears in a Variety of Shapes 1 Taffers Icveral Operations and Changes, before
it arrives at the Clothier's j and in thcfc various Alterations, or Mutations of its Spe-
cies, it may juftly be faid to be for fomc time the Employ of a different TraOef-
man, and theremr conflderably to augment our home Tmdc.
The Wool is hrft taken from the Sheep's Back, etther by the Shearer, Fanner,
or Fellmongcr, and generally fold to the Staplers, who are a confideikble Set of
Trndcl'men I'catlcred over the Kingdom in order to make thcfe Purchaici, and who
aftcnvards convey it to the firft Part of its Manufadlure, by felling it for Combing
and Carding. This Operation is fuccecdcd by the next, that of Spinning ; though
previous hereto, an occafional Branch of Bufmefs intervenes, I mean that of Car-
riage (which is far from being inconfiderablc) as none of the Wool is fpun where
it grows; and thus it muil be fortcd, oiled, combed, carded, fpun, and otherwife
prepared, before its becoming fit for the Loom, tvhich I mention to fhew the
Cieatncfs of this Bufincfs, though the whole nmft not be called a home Trade, as
it furniHies a principal Branch of our Exports to all Parts of the World.
Another Part of our home Trade is that inconceivable Branch of Land and Sea
Carriage ; the Procefs of the Coal Trade from the Mine to the Confumcr ; the
Portage of Butter, Cheefe, and all other Commodities, from Place to Place, but
moreelpecially of Corn, Malt, and Meal is prodigious; and though this is neither
Buying or Selling, Making or Manufa«fturing, Planing or Reaping, yet it muft
be reckoned a Part of Trade, as carried on by thofc ^ v> are juftly called Tradef-
mcn ; and were it poffible to calculate the immenfe bun;s of Money which this
Bufinefs annually produces ; the Number of Men, Cattle, and Ships that it con-
ftantly employs, with the confequentially neceffary Retainers, of Ship-Carpcnten,
Wheelwrights, (Sc. my Reader might form fome Idea of the Vaftnefs of this
Commerce, and the Importance of the People who carry it on.
Belides which, our Country furni(hes for home Conuimption, as well as Ex-
portation, many Things too tedious to be enumerated in the Limits I have pre-
fcribed myfelf, fo (hould now commence my Account of our foreign Trade. But
as its Advantages to England has been contefted, by Men even of Genius and
Parts, and an extended Trade by them denied to be beneficial to us, I fliall endea-
vour to prove the contrary, and to remove any Doubt that may dill remain with
fomc People about it j though I fhould have thought the fuccefsful carrying it on
for near two Centuries, fliould have rendered this ncedlcfs. The tiMthor of fVays
and Means has taken Notice of this Propofition, and being more equal to the Talk
of Replying than I can prefume to be, I (hall join his Sentiments to my own on
the SubjcO, as I think they carry Convidtion with them.
The Cavillers againft Trade feem to do it out of a biggotted Zeal for the landed
Intereft, afferting, that our own native Produd is both lufficient for our Support at
home, and to defend us againll our Enemies from abroad; they imagine (and therein
2 do
c; R K A T . B R I T A I N, ^c,
(io not err) that our own Soil plcntifullv rupplie* in with the common Wantl
•nil Ncicllaricsol" MTc, I'uth ai Food or Ksimcnt i they think, that extra of what
wcconfunic at homciUtir Filhery, and the Exportation of our Woolleni, Tin, Lead*
Lcuthcr, &(-. mav fetch ui fuch Good* from abroad, aa are of altfolutc Ufe i and
from thefc ConfKlcrationi are always warm in wliat regards the Land, but mort
carclcfN and iiKlilfcrcnt in the Concerns of Trade, than is conflllent with the Wei*
farf, and |Krhajis compatible with the Safety of the Kingdom.
If the following I'arliculari are didy conlidcred and attended to, it will plainly
appear, whether wc are able to ful)ri(l by our own native Strength or not ^ aa
firll, it (lioiilJ be rtridtly examined what is the real Value of the Fi(h we cure,
either at home or in our Plantations ( and what our Woollen Manufadlurei,
Tin, l.ciid, Leather, &V. may really yield us in the Markets abroad : For though
the animal I'-xportation of thefc Commodities is a certain Wealth to the Nation,
yet a Deilutlliun mult be made from the Profits, for the ncceniiry Imports of the
Materials for building and rigging of Ships, Spanijl Wool to improve our finer Sort
of Drapery, raw Silk, dying DruKs, Saltpetre, Salt for our Fiflicry, and many
other Commodities, without which feveralof our Manufactures could not be car-
ried on : and befules thefe our Luxury and Depravity of Manners have introduced
uinong us the life of many things from abroad, as Wine, Oil, Fruits, Snicci,
fine Linens, Silks, Jewels, Gff. which it would be difficult now to pafs without*
Cuflom becoming a lecond Nature. It is true, a Reflraint might be laid by fump-
tuary Laws, but as thefc have been fo long difcontinued, they are become almod
Strangers to our ConAitution, and could not be revived without Murmurs and
Rcpinings i fo that the Proof of the Advantages arifing from Commerce would
not be dithcult, or that thefe Advantages arc not to be flighcd as immaterial to
the natioQal Welfare.
I will allow that a rich Soil may not only nourifh its Inhabitants, but enable
them with the Overplus to purchafe a little foreign Luxury, provided they be mo-
derate in their Appetites, and a fmall fliare will fatisfy and content them; ancient
Frugality mud be rcftorcd, Rents be admitted in Kind, and Landlords contented
to live among their Tenants.
I could add much more in fupport of the Argument propofed, but muft con-
tent myfclf with having offered the few precedmg Remarks in i>3 Favour, and
ftiall now pafs forward to my intended Account of our foreign Tr idc, by which
my AflTertions about it will be better proved and illuftratcd.
And I begin with France firft.
0/ tie Trade between Great-Britain and France.
OUR Trade with that Kingdom has always been reckoned a lofin^ one, by
every Computation I have feen for a Century paA, though in different De-
grees, according to the feveral different Periods oi Time. I have already ob-
lerved, that Mr. Samuel Fortrey proved the annual Ballancc of that Trade to
have been 1,600,000/. ir. our Disfavour ; and though (as I then remarked) his Cal-
culation might be fomewhat flretched and amplified, yet I fliall fliew from others,
that have always thought us to be Sufferers by that Commerce, that the Exccfs
of our Imports above our Exports proves us to be fo. Dr. Charles Davenant (In-
fpedtor General of the Exports and Imports, at the Cuflomhoufc of London) in
his Reports to the Commimoncrs for examining and flating the publick Accounts
of the kingdom, makes our Imports from France to exceed our Exports, for a
Year, from Michaelmas 1662, to the fame Time 1663, 272641 /. 10 s. and from
]668 to 1669, 432884/. 12^. which was before the long War; and as there
was fomc Intcrcourfe between the two Nations from Michaelmas 1 698 for fome
Years forward, the faid Gentleman gives an Abftradt from that Time to Chriji-
mas 1702, and makes the Difference againfl us in the laid four Years and a
Quarter to be 244976/. 18 j. 3 </.|. By a Reprefentation to his Majefty, from
the Lords CommifTioners of Trade and Plantations, bearing Date Dec. 21, 1697,
it is afTcrted, that the French overballanced us in Commerce about a Million per
Annum. The Britijh Merchant, in the Scheme of Trade he quotes (P. 206.
SP«
..;■;' • -i
290.
Vol.
592 0/ the General Trade 0/ the WORLD.
Vol. II.) aflerts, that the Lofs by our TraJe with France for the Year 1668 to
1669 amounted to 965,128 /. 17 j. 4/ and that the Prejudice arifing to us from
our (aid Trafficli was (o apparent, as to induce King Charles II, in the 30th Year
of his Reign, to prohibit all Commerce with that Kingdom, and to aflign it for a
Reafon of his fo doing in the Preamble ♦o the Aft, which however was after-
wards repealed in 1685 by his Succeflbr. The laft mentioned Author has given
an cxaft Account of every Particular, imported and exported, to and from London
and the Out-Ports, for the Year 1685, as it was laid before the Parliament by
the Commiflioners of the Cuftoms in 171 3, by which it appears, that our Im-
ports exceed our Exports to that Country 769,190/. i6j. although this was a Year
picked out by the Favourers of the French Commerce, and witnout any Allow-
ance made for the Value of Goods clandeftinely run in, which has always been
very coniiderablc, and fuppofcd by the Britijb Merchant at Icaft one third of
thofe duly entered at the Cuftomhoufc ; which if true, as he endeavours to render
probable, the Ballance in our Disfavour would be fwelled in the laft mentioned
Year to 1,197.-30/. 12 j. gd. But fince that Time the Fr^wc^ have imitated
the greateft Part of our Woollens, and invented others to which our Artifans arc
yet Strangers j as I faw proved by a Colledtion of all their Stuffs, which a Gentle-
man hadcurioufly made in the Year 1734, with a view to lay them before Par-
liament ; he was pleafed to fliew me the Patterns, and to acquaint mc with his
Intentions ; though what his Motive was for defi< g from his Purpofe, I never
took the Liberty to aik him ; he had nicely examined into the Coft of every Sort,
and we as cxadlly compared them with our own, and found them to be confider-
ably under the Price of the fame herej and what added to their Value, they were
generally more fubftantial than ours, though for lefs Money ; The Colledtor of
thefe Samples has been dead for fome Years, and I fear the good Ufe that might
have been made of them died with him, which is the more to be regretted, as I
prefume it would be difficult for any one to procure the fame now, in Want of the
Opportunities that he in a peculiar Manner had for it. This Perfedlion and
Cheapnefs of their Manufactures, has not only put a Stop to that large Importation
they formerly made from hence by a Prohibition, but likewife enabled them to
fupplant us in the Spaniflo, Italian, and Ttirkijh Markets ; except, as I formerly
obferved, in fome of our fine Goods, which they clandeftinely flill call for here, as
Unable to copy or complete an Aflbrtment without them j it is to this wc owe the
Continuance of that fmall Branch of the Woollen Trade that ftill fubfifts between
iis, though it is but the Shadow of what it once was. In regard of our Eajl-
Jndia and Plantation Goods, our Commerce has not fared much better, fince the
Eftablifliment and Opulency of the French Eaft and IVeJi-India Companies fup-
ply almoft all their Demands, ours being prohibited, with the Exception of To-
bacco, Pepper, and Pimento, which they ftill want, and call for frequent Sup-
plies, though in Return wc take vaft Quantities of Indigo, Brandies^ &c. as we
nave, till lately, of their Wines and Linens. But the Pronibition of entering fome
of our Goods (formerly current) in France, and the high Duties laid on others,
the different Turns Trade has taken, and the different Channels it has run in,
fince the aforementioned Calculations, has induced me, with no fmall Labour,
to bring the Account nearer our own Times, and to reprefent its prefcnt Condi-
tion in the mofl accurate Manner I pofTibly can, having for this Purpofe made an
Abftrad of the Exports and Imports of that Trade, from the i ft of 'January to
the 3 1 ft of December laft Year, by which the great Difference of what now is,
from what it was formerly, may be feen by any one who takes the Trouble to
compare them ; though I ought to premife, that a large Share of the Exports
there quoted as for France, went to Dunkirk, which being a free Port might af-
terwards be rcfliipped for any other Part, and confcquently what was fo treated
mukes no Article in onr Commerce with that Country j the Article of Corn is alfy
to be regarded as occafional ; for though the Advantage arifing from their Vine-
yards, Olives, (Sc. influence a Negleft of Tillage, yet the French want but little
in a common Year, and formerly could afford to fupply their Neighbours with
f Jrain, before the Goddefs Ceres was flighted for Bacchus, and many arable Lands
were converted to the Growth of Vines, and this Culture encouraged by the gr<^t
Demand
3
G R E A T - B R I T A I N, &c.
Demand there was, and ftill is, for their Wines, in all Parts, not only of Europe,
but oat of it, infomuch, that though our Confumption of them is vaftly declined
from what it was fomc Years ago, as may he feen 'oy our Imports dwindling into
226| Tons (us hy laft Year's Entries) from 12000 to 20000 Tons, as it has becu
formerly, yet their growing Eftcem m other Parts, has raifed their Price at home
to double and treble what it formerly was, and this has encouraged the People to
cncreafe their Plantations, and to ncgkdt the Plow. The Reader will likewife ob-
ferve by the Comparifon recommended, what a Deficiency there is in the Report
of Silks from the large Space they ufed formerly to occupy in our Bills of Entry ;
and I can with Pleafure aflcrt it to proceed from the great Improvement of our
Manufadlures in this Specie, which I believe now equal any in Europe, at
leaft I muft declare it as my Opinion, after a perfonal Infpeftion at various Times
of both Fabricks j for though it is certain that a few Years fince, the Artifans of
Paris and Lyons were greatly fuperior to ours, both in the Dye and Mixture oi:
their Colours, ?s -"ell as in their Weaving Faculty, yet from Imitators wc are
now become T ^uals, if not Superiors, in every diftindt Branch of the Loom's Pio-
duce ; and I do not pretend to pronounce or determine this from my own Judge-
ment, but as the Opinion of thofc whofe Underflandiiigs I revere. I might here
alfo remark our Improvement in the Linen and Paper Manufaiflures, to the almofl
Dcftrudtion of our Commerce with France for thefe Particulars, and our former
Imports of Thread from thence, now run in a quite different Channel ; Brandies
alfo are reduced from 6000, to as many hundred Tons yearly, with the Appearance
of a ftill greater Decline ; fo that the Nature of the French Trade is fo changed,
and expofed (from an Alteration in our Taftes, and an Improvement in our Arts)
to a yet grea^'-r Change, that I (hould in a Manner fcruple to aflert its continuing
a prejudicial one, as it certainly formerly was, till our Eyes were opened tc our
Mifapprehenfions and Errors. They will lake nothing from us that they can do
without ; and the Payment of a Ballance formerly to France in Trade was not the
worft Part of the AfF?ir (though that was bad enough) for the Prejudice the Im-
porting their Goods did to our Manufadtures of like Sorts, far exceeded it, as they
could aJways afford to underfell us, even in our own Country j fo that till the prudent
Precautions of Parliament put a Stop to it, many of our Fabricks Aood ftill, and
thoufands of our People were ftarving.
The Britip Merchant, in his Remarks on the French Trade, fays, (Page 26 of
Vol. I.) that he never heard of any one, except thofe to France and the Eaji-
Indics, which had at any Time been charged with exhaufting our Treafure and
he fairly acquits the laft of contributing any thing thereto ; for though that Com-
pany yearly exports 4 or 500,000/. in Bullion (I have been informed as much
again) yet the Returns made by the Merchandife they import, and afterwards fell
to other Countries, by far exceeds the Sum they carry out, which never occurs
in our Trade with France, as almoft all our Imports from thence are unufcfully
confumcd amongft us, without contributing any neceffary Material towards per-
fcding our Manufadures and thereby remaining ftampcd with the Dodtor's Mark
of a prejudicial Commerce.
This will however be more clearly demonftratcd by the fubfequent Calculations,
where I have valued things at a midling Price ; and as fome of my Readers, un-
acquainted with this Trade, may be furprizcd to fee fuch a Quantity of Cam-
bricks (till brought in, notwithftanding the Prohibition, I (hall inform them, that
tlicfe are all intended for the Wcjl-Indla Markets, and only the Quota ufually fcnt
there out of the 100,000 Pieces, the common annual Import of that Commo-
dity here before they were denied Admittance. It may likewife appear ftrangc to
fomc, that we (liould (hip Cambric ks and Lawns to the Country where they were
firft M.. ufadluredj but this will be cleared up, when I acquaint them, that all
fuch are returned printed from hence, bcfides many other Sorts of Linen of various
Goodncfs and Prices, principally fent to Dunkirk, and from thence difperfcd as moft
fultable to the Proprietors Views and Interefts. I have already mentioned that the
following Entries are for the Port of London only, and that the Cuftoms of all the
Out-Ports have generally been computed to be about one quarter Part of thofe
ariliiig at London, which I thought proper to repeat ; and now proceed to give the
faid Entries, as propolcd.
7 M Imports
593
P^
"m: '■■■■■ l-^-''^^^J-^
y^'te' ■>'■'»'
m^
i.;:
':m
394 Of the General Trade ^//A^ WORLD.
Imports from France to the Port o/' London only, in the Tear 1751.
n
i
i
B 'f
I
ALmonds 5 C at
Books 79 C
Bone Lace 202 Yds.
Brandy 603-J. T.
Burrs for Milftoncs 2400
Cambricks
Capers
Chefnuts
Canvas
Catlings
Cork
Ditto
Cotton Yarn
Eggs ^
Efl'ence of Lemons
Globes
Hair, Goats
Horfe
Human
Hungary Water
Indigo
20506
4046 lb
955 Bufli.
639 C
291 Gro.
Ill C
810 Gro.
8 C
60 C
40 lb
2
2781b
126
9645
169 Gal.
657441 lb
o
50
2
I
o
o
6
o
o
o
o
o
o
I
o
o
o
o
o
8
12
300 lb.
1748 C
62 M.
9 Gro.
13CO Bar.
441 Gal.
m.
Incle, wrought 1 1 Doz.
Iron 1 1 i T.
Linen 6581 Ells
Maps 52 Quire o
Morels
Juniper Berries
Lemons
Necklaces
Nuts, fniall
Olives
Paper 36 Reams o
PiiHiurcs 148 1
Plaiilcr of Puris 2 Mount. 2
Prints 1654 . o
Prunes 19^4 C o
Rags 2264 C o
Saffron 460 lb i
Seeds, Clover 5(^0 lb o
Fennel 20C0 o
Garden 1503 o
Lentile 300 o
Lucern 2800 o
Silk, wrought 12 lb 2
Snuff 165 lb o
Skins, Coney 266 Doz. o
Dog-lifli 104 o
Hare ^-^ o
Kid 115847 3
Lamb 34 C j
Ditto in the Wool 8 C o
Sturgeon 154 Kegs o
Succads 1938 lb o
Thread 3621 lb o
480 Doz. i
10
o
7
o
10
o
o
4
o
2
16
I
1
2
6
o
I
3
7
JO
2
o
o
I
4
4
o
o
4
1 1
o
7
o
o
o.
'5
5
I
•5
o
o
o
15
10
2
I
I
3
o
5
10
'5
2
'5
2
d.
o
o
6
o per Ton
o per C
o fuppofed half Pieces
6
o
o
8
8
o
6 per lb
o
o
o
3
o
6
o
6
o
o
8 per Ell
o
o
o
o
o per Hogflicaii
perC
per lb
perC
perQ
o
7
o
o
o
22 10 O
79 o o
7S J5 o
30187 10 o
60 O O
20506 o
loi 3
191 o
3834 o
38 16
92 10
40 10
67 4
6 o
12 o
• 2 o
17 7
18 18
3616 17 6
84 10 o
82180 2
88 o
138 o
5*8 8
10 8
60 o
1748 o
62 o
10 16
56 o
13 10
148 o
4
4'
566
483
3 >5
50 o
5° »
I 'S
18 15
30 o
20 12
19 19
8 13
7 '9
3475 «
42 10
4 o
115 10
193 16
271c 15
58 o
52f
6
o
o
4
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
6
o
o
o
6
4
o
2
o
o
o
o
o
o
Truffles
RID.
d.
22
10
79
75
«5
30187
10
60
20506
101
3
191
3834
3«
16
92
10
40
10
67
4
6
12
2
'7
7
6
18
18
3616
'7
6
84
10
82180
2
6
88
'38
5f8
8
4
10
8
6o
1748
62
10
16
• 7'S
56
'3
10
148
4
4'
7
H73
566
483
3
»5
5^
50
I
6
18
'5
•5
30
; 20
12
6
' 19
«9
8
'3
4
7
19
3475
8
2
42
10
4
"5
10
•93
16
2715
'5
C28
Truffles
GREAT-BRITAIN,
s.
Truffles
Twift
Verdigreafe
Wax Caniijes
Ariftolpchia
Cantharides
Crema Tartar
ChymicaJ Oils
Cochineal
Cocoa
Gum Seneca
iefuits Bark
lut Oil
270 lb at
252 Doz.
8
10
•
34300 lb
I
8
-JO lb
226| Tons
2
70
3
D R
. U G S
300 C
1561b
355 ^^
7 10
3
2 10
440 lb
600 lb
2
12
20 C
37 C
3
8
5000 lb
. iz-Gal.
4
15
6
I. s. d.
108 o o
126 o o
2858 6 8
33 '5 o
15872 lO o
2250
23
8
887
10
44
360
60
296
H25
9
178741
2
2
Exports to France, from the Port of London only, in the Tear 175 1.
Allutn
-2161 C
14
Apoth.
60
4
Bays
400
4
10
Barley
410 Qn
>5
Beans
1765 Qr,
I
I
Beer
.21 Hhds.
3
e
Bellows
24 Doz.
I
Books
n • C
I
Brafs, wrought
550 c
8
Butler
$10 Firk.
I
Clock-work
3C
3
Cloths, long
556
10
lliort
81
8
Copper
Coals
50 C
42 Cha.
5
1
5
Cheele
32C
I
5
Cord;ige
130 Tons
1
5
pcrC
Cottons and Pk
ilns 290 Goads 9
per 100 Goads
Copperas
8680 C
6
6
Coach and Harnefs i
70
Hamefs 1
6
Chaife
I
30
Earthen Ware
J 7800 Ps.
» ,
Prize
250 Yds.
3
Fufl.ians
20 Pes.
I
FulUck
1813 C
5
6
Flannel
1730 Yds.
I
Garters
438 Gro.
I
Grtndftones
2 Chal.
•3
Glals
7200 Ps.
8
Gunpowder
800 lb
3
5
to 3 io/»^rCt?
Glue
. .330 C
I
5
2212
H
24
i8oo
307
10
"53
5
63
24
II
JO
4400
530
9
5560
648
275
52
10
40
3250
26
2
2821
70
6
30
74
3
f
37
10
20
498
It
6
86
10
438
1
6
240
is 24
2
2
412
10
Habdalh.
595
^1!
mm (^
O
A ^t
S9<5
ym
. ..if
I*
..^
0/ thg General Trade of the WORLD,
/.
29 C at 10
314 Doz. 2
10 Doz. 2
25 Tons 12
744 Tons 1 2
Habdafh.
Hofe
HdtS
Iron
Caft
. Wrought
Kerfies
Leather, wrought
Lead
Lantern Leaves
Litharge of Lead
Linen
Oats
Oil
Prwter
Pipes
Plate, wrought
Red Herrings
Rye
Serges
Stuffs
Snuff"
Stone Ware
Shot
Shoes
Shumack
Silk, mixt
wrought
Tin
Train OA
Skins, Goat
Wheat
Wheat Meal
Wood, Brazeletto
61341b
263
60
1832C
1 59400
2
I
o
II
o
57 C 1
24 C Ells o
200 Qrs. o
452 Gal.
snc
100 Gro.
74 Oz.
140 Bar.
5200 Qr^
80 Qr.
2146
600 lb
200 Ps
605 C
280 Doz.
67 C
6o2lb
3668 lb
606 C
2T.
85 Doz
57380 Qrs.
15082 Qrs.
150 C
Lignum Vitse 8 T
Logwood 4738 C
Nicaragua 1 70 C
Redwood 1510 C
o
o
o
o
2
2
O
O
o
o
o
o
2
3
, I
I
I
o
4
o
I
I
s.
o
10
10
10
o
o
15
I
'5
12
4
I
10
o
10
1
7
15
13
o
o
2
O
H
10
II
'5
o
»5
o
S
4
16
8
the JVledium iti
the Medium is
d.
o
o to 8 o o
o
o to 17 10
o
operC
o '
6
o per Fodder
o to 16 per 100 vhe Med. is
8 per Ell
o to 1 5 the Medium
o per Ton
o
6
o
o
o to 15 the Medium
o
o
o
2
o
o per Doz.
o
o
o
o
o
o
to I
to 2
9
14
II
the Medium is
the Medium is
to
II 6
I o
15 o
12 o o the Medium is
/. t. d.
290 o o
376 16 o
25 • o
.175 o o
894 o o
109 10 8
460 5 o
4 10 o
H03 17 II
1115 16 o
69 16 6
200 o
125 o
SS 12
373 15
7 10
25 18
105 o
3640 o
160 o
4292 o
60 o
* 13
423 10
140 o
36 17
45' 10
7336 o
. 2272 lO
46 o
106 5
83201 o
32803 7
65 12
64 o
2724 7
178 10
2642 10
o
o
I
o
o
o
o
o
o
o
o
4
o
o
o
o
o
o
o
o
o
o
6
o
o
DRUGS.
■.:i
Gum Seneca
Oil Vitriol
Unrated Goods
38 C 7
566 lb o
at
o to 1200
6
the Med. is
361 o
42 9
5354 o
Totalof Exports 177966 n 4
Exported by Certificate to "Fnncttfrom the Port fi/'London onfy, in tbt Tear 1751.
Almonds
Books
Callicocs
Cambricks
Caflia lAsniA
Canvas
Cocoa Nuts
Coffee
at
8C
81 lb
6870
697
351 lb
27 C Ells o
402 c 2
153 C 8
s.
4
o
I
o
I
I
'5
3
d.
to 6 10 o
operC
o
o
8
2
to 4 100
6
the Med. Is
the Med. is
/.
42
o
14083
»394
29
»457
I2C0
.r.
16
H
10
o
5
10
5
'5
d.
S
o
o
o
o
6
Elephants
5
•RLD.
/. X. d.
290 O O
* 376 i6 o
25 c o
8 ,^75 o o
894 o o
109 10 8
460 5 o
4 10 o
1103 17 II
.is 1 1 15 16 o
69 16 6
200 o o
125 o o
SS >2 I
373 »5 o
7 10 o
25 18 o
105 o o
1 3640 o o
160 o o
4292 o o
60 o o
* 13 4
423 10 o
140 o o
36 17 o
451 10 o
7336 o o
. 2272 10 o
46 o o
106 5 o
s 83201 o o
J 32803 7 o
65 12 6
is 64 o o
2724 7 o
178 10 o
2642 10
361 O
42 9
5354 o o
ts 177966 II 4
■» thtTear 1751.
G R E A T - B R t T A i N, ^c.
IS
/• s. J.
42 16
o ,4 5
14083 10 o
1394 O
29 5
^57 JO o
»457 5 o
1250 15 6
Elephants
5
/.
Elephants Tteth 23 ^ C at 9
Ginger 7 C 3
Hemp 758 C o
Handkerchiefs 436 o
bitto I Ps.
Indigo 937 lb o
Iron' 2 Tons 14
Lawns , '4 2
Line^" 19100 Ells o
'■•foreign 332 Pes. 3
Diaper 2 10 Yds. o
Mother of Pearl Shell 1 o C 5
Nuts' 16 Bar. b
Oil 23523 Gul. 30
Pepper 219699 lb
Pimento 5^459 ^^
Prints 323
Raifins 10 C
Rice 5647 C
Sago 7 C
Shellack 905 lb
Silk, wrought 46 lb
Skins, Cat 80
Kid 200
ShufF 120 lb
Tobacco 3270688 lb
Tortoife Shell 921 lb
Wine 5 T. 35
Wools, Sheeps 26988 lb o
Lambs 250 6
VIgonia 3912 o
Blue long Cloths 56 3
o
o
6
I
o
10
32
I
b
3
o
o
o
/. </.
6 o
15 to 4 12 6
17 to J 26
o It
3 6 to o 6
6 o to 18
o
1 8
o
1 4
10 o
6 8
o per Ton
on
1 P
1 o
18 6 to 1 I
o o to 1 2 o
o o to 44 o
5 °
o 6
o o per 100
2 o
n 3
8 o
o o
2 o
i 6
7 o
o b
211
the Med. is 29
the Med. is 748
'9
I
9 the Med. is 240
o the Med. is 32
28
1591
996
14
55
3
2800
10069
2822
21
,12
o the Med. is 54$ 5
the Med. is 77
o per C.Mcd. is 307
57
2
6
12
40883
368
2698
18
1369
168
s. d,
10 o
6 3
10 o
18 8
« 9
o o
o 9
»3 4
o o
o
b o
6 %
7 i
IQ 9
19 9
3 o
10 9
4 9
9 9
1 I
10 o
o o
p o
9 O
12 O
8 o
O o
16 o
is
4 o
o o
Cortex Pertiv.
Ipecacuanha
Manna
Quickfilver
Bandanoes
Carradarries
Cherconnaes
Chints
Chucklae
Coopees
Damafks
Dimity
Ginghams
Gorgoroons
Guinea Stuffs
Jilmils
Lampafly
Nillacs
Palemporcs
Padufoys
D R U CJ S.
1200 lb o 5 6 to o 6 6 the Med. is
327jlb o 6 o to o 6 3 ditto
218 lb o 2 4 to o 5 6 ditto
740 lb o 3 7
EASr-INDIA GOODS.
360 o o
100 2 10
42 13 10
132 II 8
375 I I o
35 o 8 5 to o 14
6 i. 7 o
62 too
I I 16 6
70 16 3
17 4 o o to 6 o
1 200
28 o 13 o
3 3 10 o to 5 1
217 030
2 166
I j o o to 6 o
30 o 16 6
4> 2 o o to 5 o
.5 5 o o to 6 o
7 N
4 the Med. is
o the Med. is
o the Med. is
o the Med. is
o the Med. is
393 »
'R '
8 2
62 o
1 16
56 17
85 o
2 o
18 4
12 15
32 II
2 ^3
5 10
24 15
143 10
27 10
o
o
o
o
6
6
o
o
o
o
o
o
o
o
o
o
597
•: WAm-i -'5
Paper
598 Of the General Trade 0/ /At WORLD.
s"l; ■
■4i*i
x^^m
jt' X
/.
s. d.
/.
s.
d.
Paper Fans
600
at
2 to
5
the Med. is
105
Pieces China
400
c
I
20
Pclongs
99
I
to I
5
the Med. is
lit
7
6
Photacs
60
16 6
49
10
Romals
4170
8 9
1824
7
6
Salempores
39
I
12 to 2
2
the Med. is
72
3
Sattins
7
4
to 5
ditto
3'
10
Silks, wrought
42
lb
i
5
52
10
Seerfuckcn
no
I
10 to 2
the Med. Is
192
10
Soofeys
no
I
12
176
Taffetys
294
I
2 to I 9 the Med. is
Total of Exports by Certificate
374
'7
94233
5
6
By theie Calculations may be fcen, the great Alteration there is in the French
Trade, and the unprecedented Circumllante of having the Ballance ftand on the
right Side of the Account, which, however, is but trining, when our Exports of
Corn and Meal are dedudled, as thefe are Articles which in fevcral Years they may
not call again for. and confequently (hould not be reckoned as current Branches of
that Traffick.
©/"Great-BritainV Trade with Holland.
I Am now going to open a more beneficial Scene of Commerce than the laft, and
fliall take the fame Method to inveftigate the Advantages or Difadvantnges
arifing from it, as I have done in the preceding ; not knowing of any truer Me-
thod for difcovering them, than what the Cuftomhoufe Entries afford, which
have hitherto been my Guide through this intricate Maze of Bufmcfs j though \
fliall not here particularize the different Articles ,is I did in the foregoing.
Before the War, from Mici:ae!mas 1 662 to ^Jkbaelmas 1663, our Imports from
Ho//and exceeded our Exports from thence 386,160/. /\.s. and from 1668 to 1669
the Ballance in our Disfavour was again 323636/. i s. And I do not find any Ac-
count how Matters ftood between us from 1669 to 1 696 ; but from Chrijlmas 1699,
to the fame Time in 1704, the Eftimateof cur Exports exceeded our Imports by
7,618,668/. oj. 2\d. From which Accounts may be oblcrved, thut in the Years
1663 and 1669, our Dealings with the States were inconfiderable to what they
were after the Beginning of the firft War, and have continued to be ever fince, as
well in Number and Variety of Commodities, as in their Value. For in the firft
Years abovementioned,our Exports thither were confined to only forty-five Articles
of rated Goods, whereas in the laft Year, viz. 17^4, they were increafed to at
leaft a hundred and twenty or a hundred and thirty j and fo proportior.nble in thofc
paying ad valorem, witJiout reckoning the Out-Ports, whofc Cuftoms Dr. Davenant
fays, bears Proportion to thoUe oi London, as 1,268,095/, is to 346,081/. which
would add to the above Account near two Millions more for the five Years -, and
the faid Gentleman ftill bringing the Calculation lower, viz. from 1698 to 1705,
remarks, that the Excefs on our Side has been Ibme Years a Million and a naif,
but by a Medium taken of thefe feven Years 1,388,102/. 6s. i\d. per jinnum,
which according to the common Notion of thefe things, is fo much Money got
clear to the Nation. But the Dodor diffents from this too generally received Opi-
nion, and fuppofes that nothing can be more fallacious, than to conclude, that
becaafe a Country takes off more of our Commodities than we do of theirs, that
our Dealings with that Country are always beneficial to us (though prejudicial to
them) and that when this happens, there is a conftant Superlucration on our Side ;
h ut his Obfcrvation is with this Rcftriftion, that our Goods thus exported ferve
for uie Tranfportation Trade to thofc who take them from us, and not for a Sup-
port of Luxury and Voliiptuoulhefs. For he grants, as every one muft, that if
they arc conlumed where they are firft carried, they muft prove a dead Lofs to
thc/r new Proprietors ; tlic Dutch are in the firfl Cafe, where our Produds and
Manufadures,
■i
ILD.
/.
s. d.
105
20
lit
7 6
49
10
1824
7 6
72
3
3'
10
52
10
192
10
J. 76
374
.7
94233
S 6
is in the French
ince Hand on the
1 our Exports of
J Years they may
•rent Branches of
:han the lafl, and
or Difadvantnges
if any truer Me •
ics afford, which
jfinefK ; though I
orcgoiiig.
)ur Imports from
jm 1668 to 1669
not find any Ac-
Chrijlmas 1699,
our Imports by
viX in the Years
e to what they
be ever fince, as
For in the firft
forty-five Articles
increafed to at
rtior.nble in thofc
ims Dr. Davenant
46,08 1 /. which
five Years ; and
m 1698 to 1705,
lion and a half,
\d. per Annum t
nuch Money got
dly received Opi-
o conclude, that
o of theirs, that
;h prejudicial to
tion on our Side ;
us exported ferve
nd not for a Sup-
one muft, that if
vc a dead Lofs to
our Products and
Manixfadlures,
G R E A T - B R I T A i N, ^c.
Manufadtures, Planiation and Eaft-InJia Goods, furnifh Materiuls for a^reatPart
of their Trade with other Nations, by which they are fo far from being Sufferers,
that, on the contrary, the more they take froii us, the more they enlarge their
univcrfal Traffick, and confequently cncrcafc their Riches ; and extra of thefe
Re;ilbns, it would be abfurd to imagine, tiiat if Holland was fo great a Lofcr year-
ly as the Ballance of Trade amounted to, that they either would, or indeed could,
continue it, as they have for fo long done j nay, if they were in any (hape Suf-
ferers by it, they arc too politick a Nation to proceed in a bad C'ourfe ; as this
would be a glaring Indance of an Imprudence which that circuinfpedl People arc
never guilty of; the contrary is therefore apparent, and their Motives for con-
tinuing the Trade proceed from the Advantages they reap by it.
But Sir H^illiam I'emplcf, Sentiments on this Subjedt are fo finely cxpreffed, in his
Obfervations uj^nihc United Provinces (P. 231. Cap. 6. of the 5th Edition) that I
could not pafs them by without tranfcribing ; " The Vulgar, fayshf, miOake, that
«• Importation of foreign Wares, if purchafed with native Commodities, and not
•' with Money, does not make a Nation poorer, is but what every Man that gives
" himfclf Leifure to think, mult immediately reftify, by finding out, that upon the
" End of an Account between a Nation, and all they deal with abroad, whatever
" the Exportation wants in Value to Ballance that of the Importation, mull of
" Ncccflity be made up with ready Money.
" By this we find out the Foundation of the Riches of Holland, as of their Trade,
'• by tne Circumftances already rehearfed. For never any Country traded fo much
" and confumed fo littlej they buy infinitely, but it is to fell again, either upon Im-
" provement of the Commodity, or at a better Market. They arc the great M.ifters
«' of the Indian Spices, and of the Perjian Silks j but wear plain Woollen, and teed
" upon their own Fifli and Roots. Nay they fell the fincft of their own Cloth to
" France, and buy coarfe out of England for their own Wear. They fend al->road
«' the bell of their own Butter into all Parts, and buy the cheapeft out ot Ireland
" or the North o! England, for their own Ufe. In fine, they furnijh infinite Lux-
*' ury, which they never praclife; and traffick in Ple.ifurcs, they never taile. '
The principal Articles of our Exports to Holland, are Woollens of feverai Sorts,
Lead, wrought Brafs andiron, Melaffes, Cotton Wool, Quicklilver, wrouj^r.i Silk,
Butter, Morkins, Rice, Copperas, Allum, Pimento, Tin, Tobacco, Sugars, Gold
and Silver Coin and Bullion, Drugs, and Eajl-India Goods ; befides which, our
fmaller Exports are Skins, Woods, Leather, Glue, Wool, wrought Plate, Gloves,
Hats of feveral Sorts, Watches, Earthen-Ware, Garters, Bellows, Checfe, Cat-
lings, Lanthorn Leaves, Rape Cakes, Haberdafhery, Scots Pearls, Pewter, Ele-
phants Teeth, Glafs, &c. And the principal Imports from thence are. Linens,
Silks, Threads, Spiccry, Incles, Battery, Stockfifh, Whale-Fins, Madder, Hemp,
Flax, Rhenifli Wme, Safflower, Paper, Bugles, and Iron Wire. The leffcr Imports
are Snuff, Wainfcot, Rujia Mats, Smalts, Argol, Seeds, Packthread, Metal pre-
pared, Steel, Spaw-Water, Wine, Quills, Hair of feveral Sorts, broken Glafs, Stone
Pots, Bulruflics, Brickftones, Ter.-as, Quernftones, Twift, Indigo, Verdigreafe,
Weed Aflies, Cinnabar, Spelter, Oker, Pencils, Geneva, Hones, Iron Plates, G?f .
all which we fuffer to be imported and confumed amongft us, for the fame Reafons
that we prohibit the Merchandife of France, viz. becaufe thefe latter take fo little
from us, whilft the Dutch, by the large Extraftions they make, pay much more
to the Rents of our Lands and the Labour of our People, than we do to theirs. And
it is certain, that the United Provinces are the greatcft of all our foreign Markets,
and the moft likely to continue fo , as the Produdts of their Country are not any
thing near fufficient to feed or cbthe their Inhabitants; fo that it is not in the
Power of Induftry or Art to free them from a Dcpendance for both on their Neigh-
bours, whilft thofc Princes, who govern a more extended Country, may (as moft
of them do) daily improve in Growths and Manufadtures. It is true, FrancehA^
for fome Years paft interfered with us in this Trade, though I believe very little
to our Prejudice ; and I think it may be efteemed on as good a Footing now. as
it was when the Calculations I have quoted were made ; and muft remain fo, at
Icaft in general, as many of the principal Goods which conftilute that Branch of
Commerce can only be fupplied by us, and fbme of them as much demanded for
France as they are for HoUandi
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0/" /^f Trade between Great-Britain ntid Germany.
OUR Commerce with this Country will appear to be but Mttle, when its vaft
Extent and Populoufhcfs arc conndcrcd ; as Dr. Davenant makes the Medium
of a fcvcn Years Dealing with it (viz. from CM/imas 1698, to 1705) to be in
Exports 838791/. and Imports 677521/. ^^r ^nn. though indeed he accounts
for the Smalnefs of it in a very realonablc Manner, by acquainting ua, that the
Dutch fupply that People now with thofc fine Cloths, Stuns, Says, Serges, Qf^.
manufactured here, which our Merchants ufed formerly to export to Hamburgh,
and other Parts of the German Empire, utherwife our Dealings there would cer-
tainly be much more confiderable than they are, and increafe our Advantage by
augmenting the Employ of our Shipping in their Carriage j and this would certainly
have occurred, as the Importation of fa large a Qjiantity of German Linens muft
have been anfwercd by an adequate Quantity of our Woollen Manufactures, had
not we been intercepted in that Traflkk by our FUmifli Neighbours, with Goods
of our own Manufacturing, taken immediately from the Premifcs ; and this in
Part proves that Holland is no Sufferer in the Ovcrballance we feemingly have
«gainft them in our mutual Dealings.
It is true, our late Improvements in the Linen Fabricks have fupplanted the Ger-
mani in fome Part of tneirs, fince tlie beforementioned Calculation } but on the
other Hand, this Branch of Bufmefs muft have rofe in their Favour, and it has gone
finking in that of France's, and is certainly rendered more beneficial to us both by
the Alteration 5 our Imports of Linen being repaid by an Export of Woollens, and
therefore the Increafe of one is confequentially the Augmentation of the other.
Our Exports there are Cloths, Bays, Stuffs, Prize, Flannels, Kerfies, Hats, Hofe,
doub. Dozens, Logwood, Pipes, Cochineal, wrought Iron and Brafs, Haberdafhery,
Silk mixed. Silk wrought and unwrought. Sugar, and ditto refined. Painters Co-
lours, Turners Wood, wrought Plate, Leather, printed Linen, Callicoes, and
other India Goods ; Rice, Ginger, Pimento, Pepper, Tobacco, ditto cut, Drugs,
Coffee, Allum, Pewter, Cotton Wool, Lead, Litharge, Tin, Apothecaries
Stuff, Copperas, Orchal, Chalk, Glafs, Glue, Lanthorn Leaves, Silver Coin, Co-
ney Wool, Fuflick, Blankets, Cabinet Ware, &c. And we import from thence.
Linens, Spaw and Bourn Water, Ru^a Mats, Rags, Smalts, white Copperas,
melting Pots, Pearl, Weed and Potafhcs, Fenugreek, Sturgeon, Canvas, broken
Glafs, Hartlhorns, Drugs, Flax, Tow, Quills, Briftles, &c.
Of Grcat-BritainV Commerce witb Spain.
I Now go from the northern to t^t foutbern Regions, in order to give an Ac-
count of our Trade with this Kingdom, being the next of Importance to thofc
already mentioned; and wifh I could fay it flill continued in that flourifhing and
advantageous Condition it was formerly carried on ; but an ^gregate NumN;r of
Events nave happened within thefe fifty Years, or fince the Emperor Charles II. 's
Reign, to alter uie Nature and Manner of it, by its being loaded with higher and
additional Duties than it was in that Prince's Time ; and tne Introdudkion of French
Commodities more encouraged, fince a Monarch of the Houfe of Bourbon fat on the
Throne. But what has given a ftill greater Blow to our faid Trade, is his fetting up
a Multiplicity of Fabricks, for the manufacturing fuch Goods as the Spaniards were
formerly fupplied with principally from us : For though the favouring thofe from
France undoubtedly hurt ui, I cannot think it did in the Article of our Colcbejier
Bays, as the Brittfi Merchant feems particu'- -'v to intimate 5 for thefe ftand as a
remarkable Inftance of the invaluable Quality that Fabrick, which hitherto
no Nation has been able to imitate ; and Mr. King feems to be under another
Miftake in regard to the Value of thefe Bays, ;'■ len he fuppofes them once to have
rofe from feventeen to twenty-four Pence the Flemijh Ell, as they are never bought
by Mcafure, but by the Piece -, it being the Backing Bays (made indeed at Colcbejier
as well as this Place) only that are fold by Meafure, and are only fit for the Portu-
gal Market, whilft the Colcbejier Bays are folcly vendible in Spain j and the fineft
of them are ftill in almoft as much Efteem as ever in that Country, though the
Poverty
ii.^ -■
OR E A T - B R I T A I N, ^<^.\o
Povtfrty of the People difabled them from going drcflcd in the fame Manner their
more affluent Condition permitted them, fo that the GeneraUty are now obliged
to content thcmfelves with the Produdls of their own Looms, fet up in Ana-
His late Majefty PAih'p V. began before his Death to encourage the Manufaftb-
rics of Cloths, which had for many Years l)cen carried on in his Kingdom, though
to very little Purpofc, tiW the Duke de RiberJa (thch I'rimc Minifter) revived the
lillabiiOiments, and improved them by introducing a great many Clothiers from
his oWn Country (Holland) to whom his Majefty corttinued his Protedtion, not-
withilanding the laid Nobleman afterwards fell into Difgl-ace. And in order the
better to promote his Intentions, he granted the Fabricators many Privileges, and
to animate them to an Encrcafe and Improvement, he wore them himfclf, clothed
his Troops with thei.i, and prohibited the Importation of any from abroad, which
Mandate was for fonic Years obfcrvcd with Rigour ; and though I never heard it
was repealed, yet our Cloths are now, and have been for fome Years part, admitted
to an Entry at Cadiz, as well as other Sorts of Woollens that were includes! in the
Prohibition j but the Quantity is fmall in refpeft of what it formerly was, and
this Commerce has entirely ceafed in moft other Parts of Spain, where the Dif-
patch formerly was very confiderablc ; and '.he principal Part of what is now in-
troduced there, as well of Cloths as other Woollens, ferves for their Tranfport
Trade to their American Colonies, with the Exception of our fine Bays, bell
Sandford Ells, and a few other fine Goods, inimitable (as I before obferved) by
the French, which are ftill ufed and wore by the Spaniards in Old Spain.
Don Ferdinand VI. their late King, ftridlly followed his Father's Steps, and
greatly improved on his Schemes and Maxims j fo that Manufadtures or various
Sorts are now fettled in Spain, whereas his Father only left that of Cloth in Being »
and the late Prince beihg lefs influenced by French Counfels than his Parent
was, had naturally the Good of his Country more at Heart.
J fliould now proceed to give an Account of the prefent State of our Trade with
that Country; but previous hereto, I hope it will be agreeable to my Readers,
that I inform them on what a Footing out Treaties with that Crown have plated
us, as fome of them arc in very few Hands, though the Knowledge ofthetrt
may prove both inftrudlive and advantageous.
The Bafis on which the fevcral Treaties of Commerce fiibfiAing betweeii
Great-Britain and Spain are founded, is that concluded between the two Crowns
at Madrid, on the t\ of May, 1667 ; and a6 this is indeed the Subftance of all the
liihfequent ones, I Ihall jull give the Heads of the Articles immediately relative
to Trade. ..j :,, a
Article IV.
Stipulates a free Trade and Commerce to the Subjedls on both Sides, as well
by Land as Sea, &(.
Article V.
Agrees that no Cuftoms Ihall be paid in either Kingdom by the Subjedls of the
other, but fuch as the Natives pay.
Aticle VI.
Tables or Lifts of the Duties fliall be put up at the Doors of the Cuftom-
houfes, cifc. that Merchants may know what they have to pay, and not be
impoled on.
Article VII.
Permits the Englip freely to import all Kind of" Goods, '"ithout being en-
forced to declare to whom, and for what Price thc;i* fell them j nor fliall they be
molefted for tlie Errors of Maftcrs or others, in tbe Entry of the faid Goods nor
obliged to pay Duties for more than they Landi and Pru^ Gocdft fhall be
efteemed as Englijh.
7 O ArticU
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6ba Of the Ganer/^l TRAi5fe if the WORLD.
Jiftiek VIU,
Grants Leave for the Engliflj freely to carry Eafl-India Goods into Spain, ami
that they Aiall have all the Privileges granted to the Duieb by the Treaty of
Munfier, 1648.
^rfic/f IX.
And the Privilegen granted to the Rnglijh refiding in AaJalufia, 1645, to lie
general to all of that Nation, refidirg or trading in any Placci whatl'ocvcr
within his Catholick Majcfty's Dominions.
Article X.
No Ships appertaining to the Eng/ijh, navigating in the King of Spain's Do-
tninions, Ihall be vifitcd by the Judge of Contraband, or any other Officer ; nor
(hall any Soldiers or armed Men be put aboard them 1 nor (hall the Cullomhoulc
Officers of eit' ' r Part fcarch any Ship, until they have landed all their Cargo,
or fuch Part uf u as they intend i but in the Interim Officers may be put aboard
(not exceeding three) to fee that no Merchandife be landed without paying Du-
ties, but this without any Kxpcnce to the Ship. And when the Mafter (liall de-
clare his Intention of landing his whole Cargo, and (hall have made his Entry
accordingly, and afterwards other Goods unentered are found aboard, eight
working Days (hall be allowed to work (to commence from the firft Day of Deli-
vering) to the End that the concealed Goods may be entered, and ConJifcation
^irevented ; and if in the Time limited, the Entry be not minded, then the un-
entered Goods only (hall be confi(cated, and no other Puniihment infli«^kd.
J jirfic/e XI.
; Agrees, that neither Party (hall be obliged to rcgifter or pay Cudoms for any
Other Goods than thofe they (hall unload.
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Artic/e XII.
Settles, that when thofe Goods which are landed and paid Cudoms, are after-
wards carried to fomc other Part in the fame Dominions, they (liall pay no new
Duties.
Ar/i^/e XIII.
All Ships may enter freely in any Port or Road of either Prince, and depart
when they pleaie, without paying any Duties for their Cargoes, provided they
do not break Bulk.
:>dt'i'.
Article XIV.
In cafe the Ships belonging to the Siibjefts of either Party, (hall be met by
Men of War or Privateers appertaining to the other Party, thefe (hall (end their
Boat aboard the Merchant Ship, and be fatisfied with examining his PaHjwrts,
without coming within Gun(hbt.
Article XV.
If any prohibited Goods (hall be exported from either of the Kingdoms, by the
f efpcdlive Subjefts pf the one or the other Party, only (uch Goods Ihall be confif-
cated, without any farther Puni(hment, except the Delinquent (hall carry out
of his Britamick Majelty's Domi.nions, the proper Coin, Wool, or Fullers Earth ;
or fliall carry out df the Dominions of the (aid King of St>ain, any Gold and
Silver, wrought Or unwrought ; in either of which Cafes, tne Laws of the re-
ipcdivc Countries are to take Place.
Article
;
facet whatl'ocvcr
ay Cuftoms for any
ining his Paffports,
GREAT- BRITAIN, ^c.
Article XVII.
No Merchant, Pilot, Maftcr of a Ship, Mariner, Ships or Merchandifc, ftjall
be embargoed or detained, by any general or particular Order wlut(ucvcr.
Article XVIII.
Merchants and Subjefts, of the one and the other Kin^, may ufc all Kinds of
Fire-Arms for their Defence, according to the Ciillonj of the I'bce.
ing
Article XIX.
• The Captains, Officers, and Mariners, of the Ships belonging to cither Party,
may not commence an Aftion for their Wager., nor may be received under any
Pretext whatfocvcr, into the Service or Protcftion of titlier King ; but if any
Controverly happen between Merchants and Matters of Sbips, or between Ma-
fters and Mariners, the coir.pofnig thereof (hall be left to the Conful of the Na-
tion i though he wiio fhall not fubmit to this Arbitrament, may appeal to the
ordinary Juftice of the Place.
Article XXI, XXII, and XXIII.
Allows Freedom of Trade to Places in Amity or Neutrality with cither Party,
that they (hall not be dilhirbcd therein, and that in this Cafe if any contra-
band Goods be found in them, they only (hall be confifcated, and no other.
Article XXIV.
4.
Shews what are contraband Goods, which I have already dcfcribed in a former
Part of this Work (P. 205, 206.)
Article XXVI.
All Goods belonging to the Subjedts of cither Party, which Hiall be found laden
on the Ships of Enemies, lliall be confifcated.
Article XXVII.
The Confuls which (hall hereafter rcfide in any of the King of Spain's Domi-
nions, or the Spanijh Conful refiding in England, (hall have, and exercifc the fame
Power and Authcrity in the Execution of his OHice, aa any other Cunl'ul hath
formerly h»4.,. J ^i.
i,,., ,,..,,• ^„MV Article -^OiVm.
Secures the Subjedls on cither Side from being molefted or difturbed on Ac-
count of theic Religion, fo long as they give no publick Scandal or Offence.
Article XXIX.
An Merchan4i^ ^all he gold for in both Countries only in fuch Coin as (liall
he agreed for. ;V^>V O'loto.
znu<: .
Article XXX.
-'' Atfd all Mctctknts, faiftors, fifr. of both Nation.-, (hall enjoy their Iloufes,
Warchoufes, &c. during the Time for which they have hired them, without any
Impediment. i.'-hI • ^v. lu.
'.-i o) -I
Article XXXI.
The Subjedli of the faid confederate Kings (hall employ thofe Advocates, Proc-
tors, &c. that they (hall think fit ; and they (liall not be conftrained to (liew
their Books and Papers, if it be not to give Evidence, for the avoiding Contro-
verfics and Law Suits, neither (liall they be embargoed, detained, or taken out of
, their
603
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604 0///&<f General Trade of the WORLD.
their Hands upon any Pretence whatfoever, and they may keep their faid Books
.tnit Account! in whatever Language they pleafe.
jirticU XXXII.
In Cafe the Eftatc of any Perfon rtiall he fequcAred oi feized on by any Court
of |u(\ice, within the Dominions bf cither Party, and any Filiate or Debt hap
pen to lie in the Hands of the Delinauents, belonging bona Jute to the bubjndU u
the other i the faid EAate or Debts l)iall not be conhfcated, but rcdored to the
true Owners.
jlrtiJe XXXIII.
The Ertatcs of thofc who die in cither Country rcipcdlively (ball be preserved
for the lawful Heirs of the Dcceafcd.
Article XXXIV.
The Goods and Eftates of his Brittinnick Majefty's Subjedls, who (hall die in
Spain, without making their Wilis, ihall be put into Inventory, with their Pa-
pers, Writings, and Books of Account, by the C'onful, or other publick Mini-
ftcr, to be kept for the Proprietors and Creditors j and neither the Cruza4ia, nor
any other Judicatory whatloevcr, (hall intermeddle therein i which alfo in like
Cufc (hall be oblcrvcd in England, towards the Subjedls of the King o( Spain.
Article XXXV.
That a decent and convenient Burial-place (hall be granted and appointed, 19
bury the dead Bodies of the Britijh Subjects, who Oiall die in Spain.
Article XXXVL
If any Difference hereafter happen, between their Britannick and Catholick
Majefties, fix Months Space (hall he allowed their rcfpeftive Subjcdts, to with-
draw their Effefts, without giving them in that Time any MoklUtionor Trou-
ble, or retaining their Goods or Perfons.
Article XXXVIIL
The Engtijh and Spaniards to have reciprocally all Privileges granted, or to be
granted, to any other Stranger.
Suhfcqncnt to the foregoing Treaty many others have fince been made, e(pe-
lially after the lait long War, at Utrecljt, the 13th of July, and 9th of December,
17 1 J, and another on the 14th of D^rtw^e-r, 171 5, wnich laft being fcarce, and
conlequently not caly to be obtained, I here inu;rt it verbatim, as it is not long.
Trcatjt of Commerce befwcen Great-Britain and Spain, concluded at Madrid, tbt
1 4/ A 0/ ■ December, 1715.
WHEREAS fince the Treaties of Peace and Commerce, lately concluded «t
Utrecht, the i3thof V"'^, and the 9th of December, ^Ji^, between his
Catholick Majefty, and her late M.ijefty the Queen of GrM/-Br//tf/», of glorious
Memory, there remained (Ull fome Differences about Trade and the Courfc
thereof ; and liis Cathohck Majefty and the King of Great-Britain, being in-
clined to maintain and cultivate a firm and inviolable Peace and Friend(hip, in
order to attain to this good End, they have by their two Minifters, underwritten,
mutually and duly qualified, cau(ed the following Articles to be concluded and
ligned.
I. The Britip Subjedls (hall not be obliged to pay higher or other Duties, for
Goods coming in, or going out of the feveral Ports of his Catholick Majefty, than
thoic they paid for the (ame Goods in King Charles II.'s Time, fettled by Sche-
dules and Ordunantes of the ikid King, or his Predeceffors : Aod although the
Cracias,
lliall be prelcrvcd
cs granted, or to be
luded at Madrid, tbt
G R E A T - B R I T A r N, ^c.
Craciat, commonlv called Pie <M F<rrJo, be not grnitnded on any Royal Ordo-
n-tncr. neverthclcU his Cstholii k Majcfl^ derlarcx, \vill«, and ordainn th;it it ba
obfervcd, now and hereafter, at an inviolable Law i which Duties (hall be ex-
ai^cd and railed, now and for the future, with the fame Advantages and Fa-
vours to the faid Subjects.
II. His MajcAy confirms the Treaty made by the Britijh Subjedli, with the
Magift"'c» of St. Anitro in the Year i70o.
III. His Catholick MajcAy permits tne faid Subie£ts to gather Salt in the iHo
nf Tortugat, they having enjoyed this Liberty in the Reign of King Cburhs tho
Second, without Interruption.
IV. The faid Subjedts (hall pay no where any higher or other Duties, than
thofe paid by the Subjedts of his Catholick Mnjeuy in the fame Places.
V. The laid Subjedls (hall enjoy all the Rights, Privileges, Frnnchifcs, Exemp-
tions and Immunities whatever, which they enjoyed before the la(l War, by Vir-
tue of the Ruyal Schedules or Ordonances, and[by the Articles of the Treaty of
Peace and Commero: made at Madrid, in 1667, which is hereby fully confirmed j
and the faid Subjedti (hall be ufed in Sfaiit, in the fame Manner as the mod fa-
voured Nation, and ;onfcqucntly all Nation . (hall uay the fame Duties on Wool
and other Merchandizes coming in and going out by Sea. And all the Rights,
Privileges, Franchifes, Exemptions and Immunities, that (hall be granted and
allowed to the faid Subjcdts, the like (hall be granted, obferved, and permitted
to the Subjedls of Spain, in the Kingdoms ot his Majedy the King of Great'
Britain.
VI. And as Innovations may have been made in Trade, his Catholick Majefty
promifes on his Part to ufe his utmoft Endeavours to aboli(h them, and for the
future to cauie them to be avoided : In like Manner the King of Great-Britain
promifes to ufe all po(rible Endeavours to aboli(h all Innovations on his Part, and
for the future to caule them by all Means to be avoided.
VI r. The Treaty of Commerce made at l//r^fM the oth oi December, 171 3,
fliall continue in Force, except the Articles that (liall be round contrary to what ii
this Day concluded and figned, which (hall be aboli(hed and rendered of no Force,
and efpecially the three Articles, common! ailed explanatory t and thefe Prefcnta
{hall DC approved, ratified, and changed on each Side, within the Space of fix
Weeks, or fooner if pofllble. In Witncfs whereof, and by Virtue of our full
Powers, we have figned thefe Prefents at Madrid, the 14th oi December, in the
Year 1715.
(L. S.) M. de Bedmar.
(L. S.) George Bubb.
After this Treaty Affairs of State and new Embroils has occafioned the making
feveral others fmce the Rupture in 1718, though they all proved inefFedtual to
prevent the War in 1739, which being now happily over, it is to be hoped the
Peace that has fucceeded will remain eftablKhed for a long Term, and her chear-
ful Smiles lull both Nations into aForgetfulnefs of the paft Troubles and Diftreifes,
t..at War brings with it, more efpecially to the mercantile Part of them ; and as
the Treaty concluded on this Occafion at Madrid, the cth of Oilober, N. S.
175c, not only fettled a Peace in general, but alfo in particular the Difputes de-
pending between the two Crowns, in regard to the Affiento Contradl -, and as it is
the laft, and confequently of moft Importance for my Reader's Government, I
(hall give them the Articles of it, and withthetn finifh this Topick.
605
' • ■.>■'''
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1
tI7HEREAS by the XVIth Article of the Treaty oi Aix-la-Chapelle, it
'' ' has been agreed, between their Britannick and Catholick Majefties, that
the Treaty of the AJjiento for the Commerce of Negroes, and the Article of the
annual Ship, for the four Years of Non-Enjoyment, (hould be confirmed to Great-
Britain, upon the fame Foot, and upon the fame Condition, as they ouzht to have
been execit;d before the late War j and the rcfpedlive AmbaiTadors of their faid
Majeftie! uving agreed, by a Declaration (igned between them on the ^t J^^f*
1748, to k ^<<ulate at a proper Time and Place, by a Negociation between Mini-
7 P ftcrs.
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(5p6 0/ tie General Trade of the WOKLD.
flers, n.i«>c4 on eath Side for that Piirpofc, the Equivalent which Spain flioulj
give ill Confidcratjon of the Noii-Enjoymcnt of the Years of the faid Ajjicnto of
Negrof!^. and of the annual bhip, gra.vfcd to Gn-Jt-^rUai/i, by the Xth Artlde
of tfie Preliminaries figncd at Mix-la-Cbapillcy om the 4^ April, 174B.
Their Britannick and Catholick Majcftics, in order to fulfil the faid Engage-
ments of their refpeftivc Minifters, and ta ftrengthun and perfeft more and more
a folid and lafting Harmony between the two Crowns, have agreed to malte tlie
prcfent particular Treaty between thcmfeU cs, without the Intervention or Parti-
cipation of any third Power j fo that each of the contradin^ Parties acquires by
Virtue of the Ceflions, which that Party makes, a Right of Compenfation from
the other reciprocally : And they have named their Misifters Plenipotentiaries
for that Purpofc, vm. his Britannick Majefty, Benjamin Kcene, Elq; and his
Catholick Majefty, Don "Jofcph dc Carvajal ana hancajler, who after having c.\-
amified the Points in Qucuion, have agrc.d en the following Articles.
Articli I.
His Britannirk Majefty yields to his Cathqlick Majefty, his Right to the Enjoy-
ment of the AJ/knto of ^fegroes, and the annual Ship, during the four Years
ftipiUated by thg XVIth Article of the Treaty oi Aix-la-Chapellc.
Article II.
His Britannic/; Majefty, in Confuknition of a Compenfation of ico.oco/.
Sterling, which sAs Catholick Majefty promifes and engages to caufe to be paid
either at Madrtdj or London, to the Royal Affiento Company, within the lerm
of three Months at lateft, to be reckoned from the Day of iigning this Trer*v,
yields to his CatboUck Majefty all that may be r'ue to the faid Company for bai-
lance of Accounts, or arifing in any Manner whatfnever from the faid Aljiento ;
fp that the faid Compenfation ihall be cfteemed and looked upon as x full and en-
tiro Satisfaftion on tlie Part of his Cathlick Majefty, and ftiall extinguifli from
this ^rt.icv\.\.T'vxit, for the ftiture and for ever, all Right, Pretenfion, or Demand,
which might be formed in Confequencc of the laid Affiento or annual Ship, di-
redly or indiredtly, on the Part of his Britannick Majefty, or on that of the <aid
Company.
Article III.
The Catholick King yields to his Britannick Majefty all his Pretenfions or De-
mands in Confequence of the fiid Affiento and annual Ship, as well with Regard
to the Articles already liquidated, as to thofe which may he eafy or difticult to li-
quidate ; fo that no Mcntica can ever be made of them hereafter on either Side.
Article IV.
His Catholick Majefty confcnts that the B, itijh Subjef>s ftiall not be bound to
pay high*;r or other Duties, or upon other Evaluations for Goods, which they
ftiall carry into, or out of the different Ports of his Cat Mick Majefty, than thofe
paid on the fame Goods in the Time of CharUs the Second, King of Spain, fet-
tled by the Schedules and Ordonances of that King, or thofe of his Predeceffors.
And adthough the Favour or Allowance called Pie del Fardo be not founded upon
any Royal Ordonapce, ncvcrthelcft his Catholick Majefty declares, wills, and or-
dains, that it fliall be obfervcd now, and for the future, as an inviolable Law ;
and all the abov^mentioned Duties fliall be exacted and levied, now aod for the
future, with the fame Advantages and Favours to the faid Subjcdls.
Article V.
His Catholick MajeAy allows the laid Subjcdls to take and gat])cr Salt in the
Iflaind of Tortugas, without any Hindrance whatfoevcr, as they did in tlie Time
of thv f»id C^Jarlei the bccond.
a Article
GREAT-BRITAIN, ^r. o
Article VI.
His Catholkk Majcfty confents, that the faid Subjeftr, fliall not pay any whert!
liighcr, ur other Duties, than thoi'c which his own Subjcde pay in the fame
IMace.
Article VII.
His CathoUck Majefty grants, that the faid Subje(£b fliall enjoy all the Rights,
Privileges, Franchifes, Exemptions, and Immunities whatfoever, which they enr
joyed before the laft War, by Virtue of Schedules or Royal Ordonaftces, and by
the Articles of the Treaty of Peace and Commerce made at Madrid in 1667 j and
the faid Subjcds (liall be treated in Spain in the fame Manner as the moil favoured
Nation, ant! confcquently, no Nation fhall pay Icfs Duties upon Wool iM^d other
Merchandifes, which they fhall bring into, or carry out of Spain by Land, than
tlic faid Subjeds (hall pay upon the fame Merchandifes, which they i1-.all liringi(i
or carry out by Sea; and all the Rights, Privileges, Franchifes, E xemptions, and
linnnuiitics, which (hall be granted or permitted to any Natipn whatever, fliall
alio be granted and permitted to the faid SubjeiSs; and I*is Britannick Ma-
jefty confcnts tliat the fame be granted and permitted to the Subjeds of Spain ir^
his Britannick Majefty's Dominions. ,
Article VIII.
His CathoUck Majefty promifes to ufe all po(rible Endeavours oh his Part, to
abolifli all Innovations which may have been introduced into Commerce, and to
have tlicm forborn for the future. His Britannick Majefty likewife promises to
ufe all poflible Endeavours to abolifti all Innovations, and to forbear them for the
future.
Article IX.
Their Britannick and CathoUck Majefties confirm by the prefent Treaty the
Treaty of ylix-la-Chapelh; and all the other Treaties therein confirmed, in all their
Articles and Claufes, excepting thofe wliich have been derogated from by the pre-
fent Treaty : As likewife the Treaty of Commerce, concluded at Utrecht in 171 3»
thofe Articles excepted, which are contrary to the prefent Treaty, which fliall be
aboliihed and of no Force ; and namely the three Articles ofthe faid Treaty of
Utrecht, commonly called explanatory. ■ -
Article X.
All the reciprocal Differences, Rights, Demand^, ajid Preteniions, which way
have fubfifted between the two Crowns of Qreat-Britnin and Spain, in which no
other Nation whatever has any Part, Intereft or Right of Intervention, being thus
accommodated and extinguiflied by this particular Treaty : the two faid mod ferene
Kings engage themfelves mutually Xp the puni^ual Execution of this Treaty of re-
ciprocal Compcnlation, which (hall be approved and ratified by their faid Ma-
jefties, and the Ratifications exchanged in the Term of fix- Weeks, to be reckoned
from the Day of its Signing, or fooner if it can be done.
607
m
I.! „u!m
■■■,•.;■.;>+,■;
■: I
fn Wittfefs <wbfreof, &c.
Our Exports now to Spain (Including the Canary Iflands) are long, fliprt, and
Spanijh Cloths, Stuffs, Bays, Hats, Perpets, Silk an<} worfted Hofe, Butter, Cheefe,
Leather, wrought Iron, Brafs, Bell Metal, Linens plain and printed. Pewter, Tin,
Lead, Shot, Copper, Sail Cloth, Haberdafliery Wares, Clocl^work and Watches,
Shoes, wrought Silk, wrought Plate, Gunpowder, Cordage, Logwood, Braziietto,
Silk mixed, and fcwing Silk, Glafs, Copperas, Prints, Train Oil, Tbys, Cabinet
and Ship-Chandlery Ware, Wax, Lanthorn Leaves, Flax, Fans, Wheat, Beans,
Uarley Meal, Thread, Tobacco, Cjuivas, Camhri^ks, J-ayvns, ^cd-Ticks, Sugar,
^ujiU Drugs,
> * '1
E/'-
'1-
^
}
i
'i
n
V
w:
, i
60S Of the General Trade 0/ the WORLD.
Drugs, Pimento, Pepper, Spice, Staves, Brimftone, Deer Skins, Euji-hdia
Goods, (Sc.
The Imports from thence are Wine, Almonds, Annifeed, Cummlnfeeds, Soap
Oil, Silk (before theExtradion was prohibited) Iron, Wool, Indigo, Figs, Ra].'
fins. Oranges, nnd Orange Juice, Lemons, Chefnuts, Smallnuts, Pomgranates
Olives, Saffron, Barilla, Kelp, Kid-Skins, Capers, Umber, Anchovies, Spunees'
wrought Silk, Cochineal, Cork, Whiflc Brooms, and (formerly) Brandies, which
I believe may pretty near ballance that Trade, extra of the Corn and Meal (which
have lately been very confiderablc) and I think muft be regarded as a Ballance ia
our Favour ; but thefe being only accidental Articles, are not to be reckoned as
ftade Commodities, nor placed on the Credit Side in this Account of Commerce,
at leaft in fuch large Quantities, as a loft Harveft in that and the neighbouring
Territories obliged them to call for ; I fay, fuppofing their Dearth to happen wlien
an equal Calamity has befel the other fouthern Com Countries j for when they
can be fupplicd from Sicily, Sardinia, Naples, Turkey, Barbary, or the EccleftaJJiial
State, they always prefer thofe folid Grains before ours, as well on Account of its
yielding more Flour, as becaufe their Mills arc fet for grinding hard Corn, which
muft be altered when a foft Sort is to fupply the Deficiency. I have not men-
tioned among the preceding Imports, the Article of Plate, which is no fmall one,
and I think is a certain Indication of the Ballance of that Trade being in our i^'a-
vour ; and would certainly be much more fo, were the Cuftoms on our Goods
collected in Spain according to the preceding Treaties, which include and infortc
the Schedules granted the Englijh by fcvcral fucceffive Monarchs. But to ftiew
that they are levied on a much higher Valuation, and very differently from what
is therein ftipulated and agreed, I here add an Account of the Imports on Mer-
chandifi*, drew up at Ctf<//z the 1 7th of F<^^r«tfrj' 1 750, by "i(.'.;iitleman, whofe
Capacity in mercantile Affairs is exceeded by f«w, and tn; induces me alfo to
fubjoin his Sentiments, which pleafe to take in his own Words.
Particulars of the Impojls on Merchandife entered in this Cujhmhoujl'.
GOODS according to their different Species pay 11,5, 10, or /^per Cent. Al-
moxarifafgo Goods charged with 1 1 per Cent. Ahnoxarifafgo pay Duties as
follows.
Branches. ^ Decimals.
N% I II per Cent, witli \ in Plate, which is | Part more °» ' 2375
2 2 per Cent, called dos unos, as ator^going 0,0225
3 2 per Cent, called BoJfUlo dela Reyna, as above 0,0225
4 1 1 per Cent, with a Premium of 5 per Cent. 0,0 1 ^yc
5 1^ per Cent. 0,0125
6 4 ^fr C^«/. called i*. 2°. ?°. 4°. unn de Alcavala 0,04
7 1^ per Cent, called Donative antiguo de la Cuidady Fortifcacion c,o 1500
8
Amount of the Duties before the Year 1686, being zSrf'"'' Cent. 0,252
14 per Cent, with a Premium of 5 per Cent, confuladoy longa 0,0 1 4
10
Amount of the Duties upon the Acccffion of King Philip V. being
264 per Cent. 0,266
14. per Cent, called Donativo moderno de la Cuidad 0,01 5
Amount of the Duties before the late War, being xZ^-^per Cent. 0,28 1
2 per Cent, called Sanidad 0,02
Amount of the Duties aftrxlly levied, being 30^', P'r Cent. o, ^01
When the Almoxarifaigo h 5 per Cent, the Duties are as follows :
5 per Cent, with the Quarter Part in Plate, which is 4 Part more 0,05625
N\ 2, 3, 4, 5, 6, 7, Branches aforementioned added 0,1 2825
^ptr Cent, additional Alcavala on this Article 0*045
Amount of the Duties before the Year 1686 being 224* per Cent.
0,2295
Brought
ORLD.
Skins, Edjl-Indlj
lummlnfeeds, Soap,
, Indigo, Figs, Rai-
nuts, Pomgranates,
Lnchovics, Spunges,
ly) Brandies, which
rn and Meal (which
jed as a Ballance in
t to be reckoned as
;ount of Commerce,
id the neighbouring
irth to happen when
ies ; for when they
, or the Ecclefiiijlhiil
:11 on Account of its
g hard Corn, which
I have not nien-
hich is no fmall one,
tde being in our i^a-
iftoms on our Goods
1 include and infbrcc
archs. But to ftiew
lifferently from what
;he Imports on Mer-
-v I viitleman, whofc
induces me alfo to
rds.
s CuJioKiloiip.
10, or /^ per Cent. Al-
arifafgo pay Duties as
Decimals.
0,12375
0,0225
0,0225
0,01575
0,0125
0,04
0,01500
rtificacion
^^ per Cent. 0,252
y longa 0,014
bilip V. being
0,266
0,015
^.per Cent. 0,28 1
0,02
er Cent. 0,301
re as follows :
irt more 0,05625
0,12825
0,045
t>er Cent.
0,2295
Brought
G R E A T . B R I T A I N, ^c.
Decimals.
Brought over ^ 0.2295
N°. 8 abovementioned, added 0,014
Amount of the Duties upon the Acceflion of King Philip, being
2^ per Cent. o.5t435
N*. 9 abovementioned, added 0,015
Amount of the Duties before the late War, being 25 ^4 per Cent. 0,2585
N°. 10 abovementioned, added 0,02
Amount of the Duties adually levieo, being 27tVu per Cent. 0,2785
Goods charged with i o per Cent. Almoxarifafgo paid in the aforementioned
Manner, before the Acceflion of the late King Philip, 29t-„VV P"" Cent, and bcfor«
the late War, 3 1,^5^5. per Cent, and they mult now pay 33TW-a P^r Cent.
Goods charged with 4 per Cent. Almoxarifafgo, paid before the Acceflion of
King Philip 23-^%^ /""^ Cent, and 2^^-^^ per Cent, before the late War, and
actually p?y Sut'tAtb- P^r Cent.
In order to comprehend the Calculation of thefe Duties, here is a fmall Speci-
men of the Model of the Spanifli Book of Rates, as it rtood before the late War,
and the Innovations made in the Valuation of fome Articles of your Manufaiflv Kit
5 Anafcotes blancos la Pieza
5 Dichos negros la Pieza
1 1 Bayetas de Inglaterra
10 Curtidos de Irlanda cada uno
1 1 Duroys la Pieza
1 1 Pannos fines de Inglaterra la Pieza
1 1 Dichos entre finos
1 1 Dhos Comunes
6000 40
5000
40
lOOOO
1
T
680
1
T
2000
40
24000
40
17000
40
14000
40
609
White Hunfcoats, they
are now rated at 7000
Black Ditto 6ooo
Bays 1200O
Irijh Hides 1496
Duroys 3000
Fine Englip) Cloths, (Var.
now rated at 1768 each
Second Cloths 8 1 6 ditto
Torkfiire Cloths 5 1 o ditto
The firft Column foecifies the Almoxarifafgo, the fecond the Species of Goods,
the third the Value, Rate, or Aforo, as called here; the fourth the Abatement /rr
Cent, or Gracia, called Pie defardo. Befides that Gracia, there is an Abatement of
25 per Cent, allowed by the King, called la quart a Tabla. The Duties are thus
calculated, viz.
100 Pieces wliite Hunfcoats entered in this Cuftomhoufc, 40 dedu(fted for the
Gracia, being 40 per Cent, as aforementioned, 60 Pieces valued according to the
Aforo, or Rate abovementioned, at 6000 Maravedis, make 360000, from which
Sum dedutSing 90000, or the | Part for la Quanta Tabla, there remains 270000
Maravedis. As the Almoxarifafgo is 5 per Cent, and all the Branches appertaining
to it as aforementioned, amounting to 25-^.'^,. per Cent, before the late War, there-
fore 27OO0O at 25-,Va /"''■ Cent, are Mars. 69795, which at 64 Mars, the Value
of each Real Plate, are R. Pla. 10901^, the full Amount of the Duties on 100
Pieces of white Hunfcoats. But at prefent the Aforo or Valuation of white Hunf-
coats is at 7000 Maravedis, whence 60 X 7000=420000 — 105000 the Quarta
Tabla=3i50oo at 2^^%% the a£tual UmIvcs per Cent, are 87727,5 Mars, at 64 are
R. PI. 1 370*^1 the Amount of the Duties 100 Pieces white Hunfcoats muft now
fiay. The Difference is,R. PI. 28oy-*4 theynow pay more than was levied before the
ate War, which is near 25-J- /i^rCfw/. Augmentation on the Duties then eftablilhed.
In the Treaty of Commerce between the Crowns of Great-Britain and Spain,
concluded at Madrid the 4^ May 1 667, the Schedules and Immunities granted to
the BritiJ}} Subjedts trading to thefe Ports are, I think, inferted. If a new Treaty
be attempted, the faid Schedules may be inferted therein verbatim, to enforce the
Execution. The View of the Brittjh Court, in the Treaty concluded at Utrecht
in 1713. fcemed to be, that their Merchandife fliould not pay more Duties than
10 per Cent, on their rea' Value, to be afccrtained in a new Book of Rates, which
was mutually agreed between the two Courts to be formed. But the Bifliop (I fup-
7 Q^ pofe
\ ■ : Km
^1 , . i'lr
\iu
'»■■■• 5- ■:
i\
I . I
i<l
.ii-^ ,<:
1
)
It *
it ;
'^*' •
I** A3 X.
Si:!-' ;
610^ 0//;6^ General Trade of the \VOkLT).
pofc the Bifliop of Drijh!, who was tlien Ainbaflador and Plenipotentiary, is here
meant) did not undcrlhmd Duties, for the ExprefTion in the faid Treaty, But it is
to he ufidcrllooJ that this is not to extend to the Alcavalas, Cientos, and Milkines,
dcftroycd the whole Purport of the Treaty, and rendered the forming anew liook
of Rates quite ufelcfs. TheMerchants verfcd and knowing in thcNature of theDu-
ties, did tlicreforefollicit that the Cuftoms and Aforos fhould remain on the fame
Footing they were upL-> in King C/6rt;/« lid's Time, though fome Articles were
overrated, which was accordingly executed by the Treaty of iW/zaVvV/, 171 5. Since
the late Wir the Duties are augmented as aforementioned, and what is much more
grievous, the A foro or Valuation of the Merchandife is greatly incrcafcd; where-
lore our Conful at the Head of this F;\dtory applied to our Ambaffador at Madrid,
to follirit (iffcemingly to him convenient) that the Gocds fhould be difpatchedin
the Cuftomhoufes in like Manner as they were before the War: Nothing favourable
has rcfulted, for the Goods are charged upon the extravagant nvw Footing. If the
Aforo or Valuation of a few Articles of tne Britijh Produfts was lefTened, and the
Innovations, introduced fmce the War, were aboliflied, the propoled End of the
Britifi Court, to nay no more than 10 per Cent, on the real Value of the Goods,
may be accomplimcd, although no Alteration be made in reducing orabolifhing
any Branch of the Duties aftually levied ; which appears to me to be the cafidt-
Altfhod, as an Attempt to ftrike oft' any of the Branches of the Duties might be
powerfully refifted by thofc to whom they were appropriated, or the Managers
thereof. J^ome Inflances arc offered to make this Matter more plain. A Piece of
Bays (upon a Medium uf the Value of the Qiudity for this Market) Shipt in Lon-
don, will not cofl, including the Charges, above 3/. 8j. e)d. which are equal to
fifteen Ducats, or a hundred and fixty-iive Reals Platcj each Tiece was rated be-
fore the War at loooo Maravcdis; the Gratia ;, and I for the Quarta Tabla,
being dcdufted, and the Duties at 28-, V /"''' Cent, as they then Hood, being
charged, ench Piece pr..;.i R. PI. 22-jV which is i^X- per Cent, on the real Value.
Yet a Piece v\ Bays is now rated at 1 2000 Mars, and the aftual Duties of 30 ,'
being charged after deducing the Gracias, each Piece mufl now pay R. PL 28 '_
which exceeds 1 7 per Cent, on the real Value. Whereas if the Aforo of Bays was
at 7000 Mars, then each Piece would pay as the Duties now fland, R. PI. 16,"/ ,
or only \o per Cent, on the real Value. In like Manner other Goods may be
valued according to their regular and common Cofl put aboard, and not at the
Price they are generally Ibid for, becaufe tlie Duties and Charges on the Sale
make a Part of the Price of Sale. If this Idea be approved, a Table for the Rates
of all Gf^ods imported from his Majefty's Dominions may eafily be framed, and
toi ined fo that the Duties (hall not exceed 1 o per Cent, on their real Value. The
following is a Specimen of fuch a Table, vi'Z.
'ff-'
Almoxarifafgo Goods the Aforo
Bays, each Piece 70:0
Long F^lls, each Piece 2900
Fine Cloths, each Piece 24000
i^econd Cloths, ditto 17000
Torkpme Cloth, ditto loooo
Eflamenas, each Piece 6000
Broad Camblets, ditto ^000
Ilunfcoats, e.ich Piece 5000
Hides, each 680
Merceries according to Invoice, Csfr.
the Gratia.
1 1
1 1
1 1
1 1
I I
1 f
5
5
10
r
40
40 as before the War.
40 as before the War.
40
40 as before the War.
40
40
' as before the War.
Of the Tnide ietireen Great-Britain and Portugal.
/^ll R Trade with this Kingdom is generally cff-eemed of greater Value than that
^^ vvith the laii: mentioned, though for my own Part I nuiR diilcnt from this
received Opinion ; however, the Importance of it to both Nations is very conlider-
ablc, and therefore ought to be cultivated !>y tlicm with mutual Ardour; as the
Portuj^ueje take off-' a large Qiuintity of our Native Commodities, and ^ve in Return
"^ ' tonfume
•fore the War,
fore the War.
G R E A T - B R I T A I N, ^c.
confii.nc ;i grc iter one of tlieirs than all the Nations \nEurope put together; though
that I'coplc appear in Ibmc Meafurc infenfible of the Advantages arifing to them
ftojn this Commerce, and feem to have forgot the little Difpatch they had for their
Wirus (the g.rcatcfl Produdl of their Country) when Peace and low Duties made
thoi^ef i''""'"'' to lie the general Confumption.
The b'.nglijh Kadory at Lijloii puhlifhed a Memorial in the Month of July 1729,
hv whicii it appears, and ll-eniingly' beyond Contradidtion, that the Ballance of
'iradc with iliat Kini^dom was againft us ; and as I have noReafon to think there
lias been any favourable Alteration in it fince, I fliall give my Readers a Copy of
tlie faid Memorial, as it was communicated to me by one of the Gentlemen princi-
tially coiitcrncd in drawing it up, witli the Remarks made by that confiderablc and
JLidicious Body of Traders on it.
jin Eilimate »J t'.h- yearly Confumption in the Portuguefe Dominions, of the Commo-
liitics rehich are oj' the Groioth and ManufiiSlures of the EwgVifh Dominions, cul-
■ cultiteii l/y the annual Sales oJ' the Merchants re/iding in Liflwn, and by the beji In-
formations taken from them and from other Parts.
Sides in LiJJ'on, computed by feveral Englijh and other Merchants
1 loufcs lettled there Rs. 1,620,000,000
Sales in Porto 600,000,000
Sales m Coimhra and Figueira 120,000,000
Sales in Madeira, and the other Iflands, about 100,000,000
Bacalhoa, fifty thoufimd Qinntals, at 4000 Rs. 200,000,000
Duties paid forCuftoms might be reckoned at i^ per Cent, on
the Sales 396,000,000
Small Charges in and out the Cuftomhoufe, and
at the Sale i per Cent.
Port Charges (Confulage excepted) of all the
Englijh Ships, Expences of the Captains and
Sailors, and of all the Englijh in Portugal, at
a moderate Computation
2,640,000,000
26,400,000
50,000,000
Remains net to the Britijh Nation
572,400,000
2,067,600,000
An Ffimate of the yearly Confumption by the Englijh, of the Produft of the
Portuguefe Dominions, calculated by the Exportation from them to Great-Britain,
Ireland, and the Englijh Poflellions in America.
Wines.
From Lijbon, 3060 Pipes, white, at 40000
2000 ditto, red
From Porto 25000 ditto.
From Figueira 1500 ditto,
Frum Madeira 1 0000 ditto,
50000
50000
45000
28000
120,000,000
100,000,000
1,250,000,000
67,500,000
280,000,000
41500 Pipes.
Oi Ls, from Lijhon, Porto, and Algarve, 2000 Pipes, at 40000
Figs, Almonds, Railins, Brooms, Canes, Shumach, Cork, ^c.
from Algarve
5C00J Ciieils of Fruit, from Lijbon, Porto, &c, at 3000 Rs.
4000 Moys of Salt from Lijbon, St. Uval, &c. at 1 400 Rs.
The Exportation by the Englijh, for their own Confumption of
the Portuguefe Commodities, annually amounts to
1,817,500,000
80,000,000
20,000,000
150,000,000
56,000,000
2,123,500,000
The
611
.!
ilii
'I '
I)
I: "■'."■■•', 5.1. K?t
,.i.) .■•.\ ■■ -i'
■■;■■;;■.■■;.■•/:. ^
> I
(I
6iz 0/ the General Trade of theWORLD.
The net Proceeds belonging to the Englijh, of the Confumption
of their Commodities in the PortugueJ'e Dominions as above,
amounts to 2,067,600,000
Confeqiiently the Ballance in Favour_ cf Portug 7, and loft by
England, is 55.900,000
V
1
if
B'
i
It..,
2,123,500,000
Portugal lofes by her Trade with the fevcral other Nations from
whom (he receives Commodities, extra of the Englijh, as will
be ihewn in an Eftimate, when I come to treat thereof 2,964,000,000
The Englijh pay for the Ballance of their Trade with Portugal,
as per the above Eftimate 55,900,000
2,908,100,000
Part of which goes direftly to Italy, and the reft, moftly, by the
Way of England, on Account of the Conveniency of the Ex-
change, and of Shipping,
By the preceding Eftimates, made flivourable to the Englijh Trade, as the Con-
fumption of their Commodities is fet down rather more than Icfs, and their Expor-
tation of the Portuguefe Produdts as moderately computed as is poffible botn in
Quantity and Price, it plainly appears,
I ft. That the Ballance of Trade between Great-Britain and Portugal, is in
Favour of Portugal, who annually gains by the fame, and the Englijh lofc
Rs. 55,900,000.
2dly. That confequently that Trade cannot occafion the Extraction of Gold from
Portugal, fmce the liquid Produce of all the Commodities confumed there, are not
fufficient to pay for thofe which thev take from Portugal.
3dly. That therefore the Gold, which annually goes from thence, is for to pay
other foreign Nations the Ballance of their Trade, fmce the Portuguefe cannot pay
them in the Produd of their own Country much above the quarter Part of the
Value of what they confume of thofe foreign ones.
4thly. That the King of Portugal receives every Year a very confiderablc Sum
by the Duties on the £«g/^ Trade, which are much higher in Proportion than thofe
on the Commodities of other Nations, being on the Importation Rs. 396,000,000,
and on the Exportation 212,350,000, which amounts annually to Rs. 608,350,000.
Befides ihefe Truths fo clearly demonftrated, there are many others which well
dcferve to be confidered ; fuch are the following.
No Nation, befides the Englip, take off the Portuguefe Wines, nor can be fup-
pofed ever to do it, fmce thofe who want this Commodity are fupplied much better
from France, and from other Parts, and at more moderate Prices ; and ftiould Eng-
Innd reduce the Duties on the French Wines to an Equality with tliofc on the
Pcrtugutj'e, this Branch of Trade, which is fo advantageous to them as to amount
yearly to above one million eight hundred thoufand Mil-Reis, paid them in ready
JVloney, by the Englijh, would be entirely loft to them : The fame thing, a little
more or lei's, is evident with refpeft to other Fruits, fince the Englijh take off above
ten times tlie Quantity which all other Nations together do.
And though this Branch of Trade is much lefs confiderable, yet it amounts by the
^ftimate to 170,000,000 Rcis, and being (the fame with their Wines) the Growth
of their Country, that whole Sum which the Englijh pay for it, is juft fo much
Gain to Portugal. It is remarkable, that notwithftanding the considerable Sum
of Money, which the Commodities exported by tlie Englijh amount to, they are
never indebted to the Portuguefe, paying them always ready Money; whereas on
the contrary, thefe laft are always indebted to the Englijh ; and this Truth natu-
rally leads to the following Confiderations : That Portugal has always in Poflcf-
fion a very large Stock belonging to the Englijh, which (confidering the Nature
of the Sales in this Country, and the Cuftom and Method of the Shopkeeper's
Paymrnts) may fafcly be computed (Allowance being made for what is fold for
2 ready
G R E A T - B R I T A I N,
c.
60
2,123,500,000
55,900,000
2,908,100,000
ready Money) to Jimount to above the Import of one Year's Sales, fo that by ^
moderate Computation the Englifi have conftantly a dead Stock in Portugal, cort-
fifting of CJoods in the Cuftornnoufc and their Warehoufes, and in Debts out-
ftandmg, of 2,500,000,000 Reis or upwards. The Englifh certainly furnifh the
PortugueJ'e with the moft ufeful and necefTary Goods (their own Corn for the
prefent excepted) and at fuch moderate Prices as no other Nation can afford t6
do. If at this Time they bring them none of their Corn (there being a Scarcity
of it) they have done it formerly, and no doubt will do it again when they can
fpare it ; and fince Pcrtugal cannot fubfift without a conftant Supply of that Com-
modity from abroad, fhould there happen to be a bad Harveft in Spain, or a
Rupture between thofc two Crowns, the Engli/h by the Power of their Navy,
and the Quantity of their trading Ships, are the only Nation which can at ^1
Times cffeftually furni(h andfecure what foreign Corn is neceflary to Tortugal.
To the above Remarks on the Trade of Portugal, I Ihall take the Liberty to add
the following ones of my own, as confequential to thofe fo juft made by the Mer-
chants there. And,
ift. If they are fuch as may be relied on, Mr. King's Calculations on that Com*
merce muft nave been very erroneous, or it muft have been greatly altered in the
few intervening Years, between his Ellimate and the Lijbon Merchants; as he fup*
pofes (in his Dedication, P. 3. Vol. III.) that our Exports to Portugal were then
encreafed from about 300,000 Pounds a Year to near a Million and a half, whereas
by the preceding Eftimate it may be feen, that in the Year 1729, the Net Produce
or every thing fold in that Kingdom did amount to buf little more than ^ Part of
the foregoing Sum.
2dly. But if Mr. King's Calculations are right, as I ani inclined to believe, when I
confider they were made by Tome Gentlemen eminent both for their Capacities
and Honour, I muft conclude fo great a Difference in fo fliort a Space, muft have
proceeded from large Quantities of our Woollens, SSc. being carried into Portugal,
with the View of introducing them afterwards, through that Channel, into Spain,
and I cannot otherwife account for the Difparity between two Eftimates made by
different Sets of Gentlemen, equally to be credited and relied On.
It is however certain, that our Trade with that Kingdom was in the laft Century
almoftdeftroyed by the Encouragement given to Manufactures of their ownj though
indeed the Blow came from hence at firftj as one Coar/^^w, an /r//2);«a«, and a Ser-
vant in the then Queen of England's Family (afterwards Queen Dowager) carried
over in the Year 168 1 feveral Clothiers and Bay-Makers into Portugal, who im-
mediately began to cxercife their Profeffions (particularly at Port Alegre and Co-
villhanj though with various Succefs, as the latter were foon difmiiled, on its
being found that the Staple of their Wool was too ftiort for the Manufaifturirtg of
Bays, but the others were continued, and brought the Fabrick of their Cloths to
fuch Perfeftion, that in June or July of 1684 (among fome fumptuary Laws then
made) his Portugui'/e Majefty prohibited the Importation of any foreign ones,
which continued in Force, till by the Treaty of 1 703 with that Crown, it was
agreed to refcind the prohibitory Decree, and permit the free Importation of all
Woollens, as btfon: the making it ; which tne fubfequent Abftrait of the faid
Treaty will demonftrats.
Article I.
His facred Majefly of Portugal ^mmiks, both in his own Name, and that of h'l
Succeffors, to admit for ever hereafter into Portugal, the Woollen Cloths, and the
reft of the Woollen Vlanufacftures of the Britains, as was accuftomed till they were
prohibited by the Laws j neverthelefs upon this Condition,
Article II.
That is to fay, that her facred Royal Majefty of Great-Britain fliall, in her owrt
Name, and that of her Succeffors, be obliged forever hereafter, to admit the Wines
of the Growth oi Portugal into Britain ; fo that at no Time, whether there fliall be
Peace or War between the Kingdoms of Britain and France, any thing more ftiall
be demanded for thefe Wines by the Name of Cuftom or Duty, or by whatfoever
7 R other
,#11
rr
I'-'-f
1-
in- f
fi'!''
614 0///j^ General Trade 0/ the WORLD.
other Title, dir«Aly or indirertly, whether they Hull be imported into Great-Bri-
tain in Pipes or Hog(hcads, or other Calks, than wlwt Ihall he demanded from the
like Qyantity or Mcafure oi French Wine, deJuiaing or abating a third Part of the
Cuftoinor Duty. But if at any Time this Dedudion, or Abatement of Cuftoms,
w^ich is to he made as aforcfaid, fhall in any Manner be attempted :'nd prejudiced!
,it fliaU be juft and lawful for his facrcd Ruyai Muietly ai Portugal i^Hiy to prohibit
the Woollen Cloths, and the rci\ of the i?//V;/j 'W00II911, M^uuiiittureii.
jirtiilc HI.
The mod excellent Lords^ the Plenipotentiaries promife, that their' al^cvenam'.d
Matters iMl ratify this Treaty.
11.'. 3.<: ii.-j • —ii.. ' • . ■ ■ ■,\L.S.)JolnMethuen,
'''Ihconfeqncnce of this Treaty, our Woollens have cverflncc been carrentiy ad-
Tfiitted into Portaga/, And we now fend there, Cloths of all §orts, Ifays, Peipcts,
Stuffs, Hats, Hole, &c. We fend likewile Iron, wrought Brafs, Le^d, pewter.
Shot, ftained Paper, and other Stationary Wares, Sail Cloth, Linen, Gl^a, Earthen
and Cabinet Wares, Gun Fltn.d, ToySj Millinery nnd Turnery Wares, Painters Co-
lours, Butter and Cheefc, Gunpowder, Corda«, wroijght and mixt SiBc, Clock-
work and Watches, Garters, Habcrdafhery War , all Sorts of Corn and Meal,
wrought Plate, Lanthorn Leave?, Leather, Logwood, Copperas, Apothecary's
Stuffs, Drugs, Glue, Rice, Bees- wax, &e. And our Imports from thence are thofc
mentioned m the laft quoted Eftimate. '
QffiiA-rBKiltsVBi'f'.^raJewitS Italy, incbtding under ibis Denomimtion Vo;;ucc, Kaples
. K .' ■ . ^ ..' <!/»</ Sicily, Genoa* Leghorn, Ancoha, fife. ■ ':
THE abovementioned Cities are of all the maritime ones of [tafy the moft
confiderablc, that carry <m. the moft extenfive Trade, and where the greatcft
Number of Ships arrive.
• Turin, Milm, Florence, Eakgnia, Mitkna, Itfggis, Pamia, and Lucca, are alfo
deeply engaged in Commerce, but as they are iituatcd withm Land, they are obliged
to value on the Affiftance of the maritime oust for carrying it on ; and: as the Com-,
inoditics fent from hence to them are in «: manner ahke to all, I have joined them
together, and intend 'to treat of the Jtaffoft Tnde, as if the whole had been one
Kingdom and not lubjed to fcparate Princes.
rhavfe always heard the Trade of Italy reckoned at a Million and a half to two
Millions Sterling per Annum ; thofc that made it moft, have not exceeded the laft
Sum, and thofe who have made it leaft, have never put it under the former, and
occafionally it may be much more, as in the laft War, and according as their Har-
vefts prove good or bad.
Our Exports to Italy are, all Sort s of Cloths and otlicr Woollens, Flats, Hofc,
Silk, mixt and wrought, horological Works, and Watches, Gunpowder, Leather,
Pewter, Brafs, Tin, L;:ad, Shot, Cochineal, Coney Wool, Coals, refined, clayed,
and mufcovada Sugars, Redwood, Logwood, Brazile Wood, Litharge of Lead,
Lanthorn Leaves, Butter, Cheefe, Coffee, Bugles, Tobacco, Ginger, Jcfuits iBark,
Indigo, Pepper, Pimento, Rhubarb, Sarfaparilla, and other Drugs, China Ware,
Calicoes, and other India Goods, Glafs and Earthen Ware, Pipesj wrought PLue,
and (when their Harveft fails) Corn ; Herrings, Salmon, Pilchards, Stockfifli,
Poorjack, &c. And in Return, Venice (and that State) fends us Currants, Hemp,
Brimftone, Glafs Beads of different Sorts and Sizes, many Drugs, (bmetimes Rice,
Oil, Gff. Naples remits here large Qnantities of Belviikre and Lipan' ¥i!ait. Oil,
Brimftome, Manna from Calabria, Argol, Effenccs, Gfc. And from Palermo (the
Capital of Sicily) and Mejjina, a Place of ftill greater Trade there, we' receive chiefly
Silks, Salt, fome Wine, Argol, Cantharides, Juice of Liquori(h, Shumach, Manna,
and Hemp. Genoa makes Returns principally in Paper, Velvets, Dama/ks, Tabbies,
and Brocades (tliough not fo much of either Specie as- formerly) Oil, Marble, Roch
Allum, Lemons, Effences and Perfumes, Vermichcliy, Rice, Coral, Cotton, ^c.
Vxotn Le^iorn we receive Oil (of Galiipoli and Vlorcnce) Wiac, Soap, Straw Hats,
Cotton
\h
S.) Jolr. Mct/juen.
on Vcmice, Naples
■{
G R E A T - B R I 7 ' A I N, ^c.
Cotton and Cotton Yarn, Goats Hair, and Skins, Shumach. Brinirtone, Cream of
Tartar, Valonia, Marble, Anchovjcs, Saip, Galls, Juniper Berries, Olives, Cora],
and Coral Beads, Verdegris, Argol, Drugs, Silks, thrown and raw, &c. all which
ocxaTion a Circulation in Trade, well worthy our Attention and Regard, more eipc-
citlly as it leaves a confiderablc BuUance in our Favour.
Of the tradt carried on by Circat-Britain •with Turkey and Barbary.
THE turkey Trade is carried on by a Company of Merchants, incorporated
by Queen Elizabeth, under the Title of the Levant, or 'Turkey Company,
•and whofc Charter was confirmed by her SucccfTor, King Jiimes I. with the Ad-
idition of many new Privileges, and a Form of Polity obfened ever I'lnce. This
Company is of a very particular Inditution, as the Members arc not obliged to con-
tribute any thing to a general Fund, fo that it may more properly be termed a
liriiple Aflbciation, of which the Partners have nothing in common but their
-Cbarteir and CJovernment, every one trading on his own Stock, though obliged to
/ubmit to the Regulations of the Company, and contribute his Share of the nece^
iary Expcnces about it.
The Troubles of the Kingdom under Oliver Cromwell gave Rife to no fmall ones
in thin Company, as many Members were thruft in, unqualified in the Manner that
the Charters of Queen Elizabeth and King JaMef required j but on the Reftoration,
King Charles endeavoured to rc-cflablifh its quondam Reputation.
' His Charter was dated the ad of ApriU 1662, and contains (befides the Confir-
mation of that granted by King James J many new Articles about their Polity, or
the Amendment of it.
The Company is eflabliflied in a Body politick, capable of making Laws for
their Government, with a Seal under the Name of the Governor and Company of
Englifti Merchants trading to the Levant Hieas.
' The Number of its Mem'bers are not fixed, as every' one properly .qunlified may
be admitted, though they are generally about three hundred.
! The principal Qualifications for Admittance is, bcihg a Merchant (^and not a
fFradefman or Retailer) bred either under a Father, Or by ferving a regular Ap-
prenticefhip tofome other. Thofc who dcfire to become ati Ailbciate, muft pay
the Company twenty -five Pounds Sterling if they are »inder twenty-five Years of
Age, and double that Sum if they arc above ; and mufl: fwear on their Admiflion,
to fend no Goods to Turkey but on their own Accounts, and' to conlign them only
to fuch as belong to the Company or their Fadlors.
' The Conpany is governed by itfelf, and determines Affairs by a Plurality of
Voices, in which the Merchant trading for 1000/. has an equal Vote with him that
trades for an hundred times as much j and for its better Management, there is a
Court fettled in London, confifting of the Governor, Sub-Governor, and twelve
Alfiflants, who ought all to live in the City or Suburbs 5 there is alfo a Deputy-
Obvcrnor in all the Towns and Ports of England, where any Members of the faid
Company rcfide.
It is this AfTembly at London who fe^ the Ships, and fegulatc the Tariff for the
Pricej, which the European Goods carried to Turkey are to be fold at, as vi'ell as the
Quality of thofc to be brought back j it alfo raifes the Taxes on the (iiid Merchan-
difcs, when the neccffary Prefents, or other common Expences in regard of this
Trade, require it.
It pfefents the Ambaflatlor' to the Throne for Approbation ; and alfo nominates
the Con(nhoi Smyrna ind Conftantinople, whofe Penfions the Company pays, and
therefore never permit either thefe latter, or the former to raife any Contributions
on Ships or Goods under Pretext of being to defray the Expence of fbme ncceffary
Gift or other extraordinary Chatges, and by this Means avoid the Diforders which
other Nations, not governed by fuch wholefome Laws, fall into, to the no fmall
Detriment of their Commerce.
The Company alfo nominate and pay their principal Officers, fuch as the MI-
niftdp. Secretary, Chancellor, Interpreters, and Janifaries, and this to the end
that they .fhall not raife nor impofe any new Sum on the Merchants, Ships, or
Goods. . 4
In
61^
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1
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♦ • .
1
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: K: .■
^^HheUL
If
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vizirs.. '
6i6 0/ the General Trade of M^ WORLD.
In cxtriordini»ry Calcs, Jir Confuls, and even the Amballador hin^/clf, hiivc Rc-
courfc to two Deputies of the Company, who rcfidc on the Spot ; or, if' the Af-
fair be very important, they afTrmble t'lc wljole Nation, who regulate and deter
mi le tht Prcfents that arc to he given, the Voyages to he mrde, and every other
Circumftancc necef'ary to be treated of; ami in Conformity to tho Kefohition«
then taivcn, the Deputies order the Trcafurcr to fupply the Money, CJoods, or
European Curiofitics agreed on j and tliis Treafiirer is cllablinicd by the Com-
pany, and his Cadi ariics from the Taxes and Imports, wiii'.h they themlelvos
nave thought proper to lay jn (Jood;. to difchargc tnc common Expcnces of the
Aflbciation.
It is true, however, that th,: Amballador and Confuls may adt alone on all thcl'e
Occafions, but befides its being a tacit Claulc in the J'cnfions p.'id them, to do
iiotiiing without the Deputies Advice, they chufc rather to conform to this Rule
than othcrwife, for their own Dillharge.
The Hares refcrvcd to this Company for t'neir Trade, arc the States of the Ue-
publick of /"Vn/tv (in its Gulf) thu'f o( Rtigitjii, and all the (Jrand Seignor's Domi-
nions; the Ports of the //«;d«^ unit Moliurriincnn, excepting thofc ofCartlmgi'iui,
AlLnntt Di'tini, FakiicM, Biircelorui, Murjnllcs, '■Toulon, (ienoa, Leghorn, Chiiui
yecchia, Palermo, MeJ/ifu , Multo, Aliijorai, Minorca, Corjica, and ,.11 other Ports
and Places of Commerce on the Coads of Fmicc, Spain, and Itafy. And the
Fine for thofc caught in Trade, and not Membtrs ot the Company, is 20 pa-
Cent, on the Value of the Leading (v t.iken.
liGtt.U. By the Adt of 26 GVo. II. any Subjcdt of Grt,J-Britain may be admitted a
Member of this Company, on requefting it of the Governor or Deputy-Governor,
within thirty '''ays after makinj^ fuch Rcqii'l^, and paying twenty Pounds, and
taking an Oath to be faithful to his Majelly and the Company.
Th):i Tiade to be carried on in Britijh and Plantation-built bhips only, navi-
gated according to Laws ; and the Goods may be conligned to any Freemen of
the Company, their Sons, or Apprentices, being his Majerty's Chriftian Sub-
jects.
No Goods or Merchandizes, cominj, from the Levant without a clean Bill
of He?' b, and liable to retain the Intedion of the Plague, fhall be landed in
Creat-Britain or IreLrJ. or in the Ifles of Uuernfey, Jer/iy, AUerney, Sark or
Man, unlcfsit lliall appear 10 the Sati-tadion of his Majeiiy, his Heirs, orSuc-
ccflbrs, or of his or their Privy- Council, that fuch Goods have been fufficicntly
opened and aired in the Lazarets ot Maha, Ancona, Venice, Mejjina, Leghorn,
Genoa, and Marfeilles, or one of them.
Great Complaints having been made of the Decay of the Turkey Trade duriii"-
the prcfent War begun in 1756, by the Importation of French Cloth into JurLy,
the following At\ paffed, which is to be in Force no longer than the Continuance
oftlieWar :
J J c«. T. The Preamble fets forth, that the Importation of Woollen broad Cloth of the
Manufcdure of France into any Places within the Levant Seas, by Britip Suo-
jedcs, is not only a Difcouragcment and Preju .ice to the Woollen Manutadur.s
of Great-Britain, but is alio a Means ^f affording Relief to the Enemy, and
thereby enabling the.ni to carry on the Wur ; to prevent fuch dertrudtive Cora-
jnercc for the future, it is enadcd, that no Woollen Goods of the Manufadurc
of France fliall be carried into any Place in the Levant Seas by any Subjeds of this
Realm.
No Woollen Goods of this Kingdom fliall be imported within the Limits of the
Company's Charter, except diredly from this Kingdom by a Britifl} Subjedl, un-
lefs the Importer (hall produce to the Ambaffador, Conful, or Vicc-Conful, or
other proper Officer appointed by the Company at the PI .ce where fuch Goods
Ihall be imported, a Certificate upon Oath from the Exporter or Shipper ut the laft
Place of Exportation, that the lame were brought or received from Great-Bri-
tain ; arid in fuch Certificate iliall be defcribed the Name of the Ship and Mafter,
and the Time when the Goods were imported into fuch laft loading Port from
Great-Britain ; which Certificate Ihall be attefted by the Britifi Conful or Perfon
adling in his Abfence, rcfiding at fuch lal^ loading Port ; and the Shipper Ihall
7 alio
w- t
•t
GREAT-BRITAIN,
I •
alfo produce the Bill of Lading from Great-Britain ; and the Conful Hiall take
Notice in his Attedation ot'fucn Bill being produced to him.
The Conful, Off. upon granting futh Certificate, is to enter a Duplicatr thereof
in a Boole which is to oe figned by the Shipper of the Goods, lie taking Oath re-
quired before making out uich Certificate, which Book is to be received as filial
Evidence in all Difputes refpedling Certificates, and may be examined gratis.
Where the Conful, &c, (hall receive Information upon Oath, fctcing forth
good Rcafon to fufpedl the Authenticity of the Certificate, he is to fignify the
fame to the Importer, and take Security in double the Value of the Ooods, whiih
becomes forfeited if if: fhall appear no luch Certificate was grunted; I'uch Security
to be aiTigned to the Informer for his ibic Benefit.
As often as any fuch Objection fhull be made to the Certificate, the Conful,
&c. is to tranfmit Notice thereof to the Conful where fuch dilputed Certificate
fhall be alledged to have been granted, requiring an Atteftation under his Hand
and Seal, whether fuch Certificate was granted by him ; which Attcltation the
Conful is to tranfmit by the fird Opportunity ; and upon Receipt thereof is to be
laid before the Importer : if the Certificate be thereby verified, the Security fhaU
be immediately cancelled ; but if not, the Penalty to be levied by Diltrcfs and Sale
of GooH«, and be applied as before diredled.
All V> oollen Goods without fuch Certificate, except imported dirc(5tly from
England, fhall be deemed French ; and his Majefly's Ambaflador, (Sc. is required
to cohfifcatc the fame.
Every Merchant, &c. being a Subjedt ot Great- Britain, or refiding under the
Protcdion of the Britijh AmbafTador, Gfc. within the Limits of the Company's
Charter, fhall before the Exportation of any Goods make Oath before the faid
Ambaflador, ISc. that the fame were not purchafed with the Produce of, or taken
Hi Barter for, the Woollen Manufadlures of France.
Every Perfon who fliall import into Great-Britain any Goods of the Growth
or Manufadlure of Turiry, within the Limits of the Company's Charter, fhall
make the fame Oath before the CommifTioners of the Cuftoms, &c. except fuch
Goods as Hiall have been condemned as lawfu] Prize.
If nny Certificate fliall be lofl, the Mafler of the VefTcl muft make Oath
before the Engii/h Conful, &c. of the Purport of fuch Certificate, of the Lof^
nf it, and that it hath not been difpofed of to any Perfons whatfoever ; and the
faid Mafler, or the Confignee of the faid Goods, is alfo to give Security, in the
Penalty of double the Value of the Goods, for procuring a Duplicate of the Certi-
ficate : thereupon the Conful, &c. fliall grant a Licence for importing the
Goods.
But prize Goods, condemned, of any Country whatfoever, may be imported on
producing a Copy of the Sentence of Condemnation figned by the Perfon who
condemned the fame.
To prevent the Importation of Raw Silk, Mohair Yarn, dc. from being im-
ported into this Kingdom, purchafed by the Woollen Manufadtures of France,
and imported from Leghorn and other Places in Italy, contrary to the A<Sl of
Navigation, &c. it is enaded, that if any Raw Silk or Mohair Yarn, or any
Ship or VefTel bringing the fame into England, Ire/and, Wales, the Iflands of
Guernfey, or Jerjey, or Town of Berwick upon Tweed, fhall be feized as for-
feited by any Adts of Parliament, the Perfon who fhall make the Seizure may
not releafe or abandon the fame, or delay to proceed to Judgment for the Con-
demnation thereof, without firfl acquainting in Writing, the Governor, Deputy-
Governor, Treafurer, or Hufband of the faid Company, or their Secretary, of
fuch his Intention, and delivering at the fame Time a Copy of the Schedule of
fuch Seizure : And in cafe the faid Governor and Company, or any Committee
thereof, fliall within feven Days after give Bond, or offer to give Bond, under
the common Seal of their Corporation, in the penal Sum of i coo A with Condition
for indemnifying fuch Officer, Gfc againft all Cofls and Charges, in cafe fuch
Ship or Goods fhall not be adjudged forfeited ; then fuch Officer, SSe. (hall not
voluntarily abandon fuch Seizure without the Confent of the faid Company or
fome Committee thereof; but fhall proceed to Judgment concerning the Le-
gality thereof.
7 S Any
617
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i. •.''" ji"
618 Of the General Trade o///jt WORLD.
Any Member of the Company fliall l>c udmittcil to give Kviilemc, cither for
the I'laintirt', Rcl.Uor, or Defendant upon the Trial.
The Commerce of thin Company is undoiihtcdiy ii very hcntficial one to thii
Nation I as may be Iccn hy the following ciirioun Calculation taken from the
tiiilijh Merchant, and there quoted with a View to inltrudt the Reader in the
whole Proccfs of the Cloth M-mifadture, from itn Commcmemcnt to iti Con-
, fumption t und to fliew the Advantages arifing troni the 'Turkty Trade, by iti
taking off 10 large a Share of our W(X)llcnii, and thereby contributing propor-
tionably to the bublillance of our People.
A Clothier buys at Market fifty Packs of Wool, picked and /. •. J,
fortcd, at 10/. /"cr Pack 500 o o
With which Wool he make* too broad Cloths, and the Manufac-
ture thereof in Carding, Spinning, Weaving, Milling, Drcliing, &c.
as they arc ufually brougtit to, and fold white at lilaciuell- Hall,
will amount to about the firil Coft of the Wool 500 o o
So that thcfc 100 Cloths arc fold by the Clothier to the Merchant —
at 10/. />(r Cloth 1000 o
And the Merchant pays for the Dying of the faid 100 Cloths, viz,
one third Part in Grain Colours, at 7 /. and two thirds in ordinary
Colours, at 30 J. /><T Cloth 333 6 H
Alfo for Setting, Drawing, Prcfllng, Packing, Gff. 15/. /(T Cloth 75 o o
The faid 100 Cloths will coft the Merchant 14/. \ s. 8 ^/. /icr Cloth
on board, which amounts to 1408 i 8
And to repay him their Coft and Charges here nd abonrd, with a
bare Allowance for In fu ranee, and the Intereft of ! is Money, thcv
cannot purchafe lefs, I ftiould think, than twcnty-t wo grCat Pounds
of Sf.<erhaff't'e (or Per/iafmc raw Silk) for every Cloth. Thus he pro-
bably receives for the faid 100 Cloths, 2200 Pounds wt. of the faid
raw Silk.
Now if the half Part of this Silk is wrought up in plain coloured
Tabbies, the Manufadturers will receive 1 3 /. y J. per lib.
7i7
And if the other half Pi.rt is wrought up into rich flowered Silks
brocaded, the Manufafturers will receive i/. 19^. t)d. fer lib. a 1 86
And the a-idition.il Chart;c of Dying, fuppolc but of , Part of the
laidSilk, into Grain Colours at 9 j. /trA^. 123
»5
Then the Coft and Charges of 100 Woollen Cloths, ftiippcd from
Loiiilon to Turki-y, and the Manufa<^ure of the raw Silk brought
from thence, in Return thereof, muft amount to 44^'5 8 4
The Freight of the faid 100 Cloths, and of the faid 2200 lib. of
raw Silk is computed at 40 1 2 6
Her Majcfty's Cuftoms on the fiiid 2200 lib. of raw Silk is 156 1 5 o
Englijh Fadlors Commiflions abroad on the Sale of the Cloth, and
on inverting the Returns in Silk, as aforefaid, computed at 100 00
It is hereby reprefented to the View of every Reader, that; every
2200 lib. wt. of raw Silk imported from Turkey, and manuthdured
here for our Confumption, without paying any Thing to the Mer-
chant's or Mercer's Gain, pays to the Landholders, the Labourers,
and the Crown, the Sum of 47^2 15 10
If any Thing is to be added for the Mercer's and Merchant's Gain (and we may
depend upon it they will not be at the Trouble cf driving their Trades for nothing)
wc may very well r^^rm, that the whole Coft of this Manufafture for Confump-
tion cannot be lefs than the Sumof 5000/. So that 2200 Pound Weight of 7?/r>f(y
raw Silk manufactured here, pays the Sum of 5000/. to the Subfiihnce of our
own People.
This Account takes the Returns upon 100 Cloths exported to Turkey, and
makes them pay 5000/. to the Subliftance of our People. JJut wc have exported
annuallv
)Ria).
iciuc, ciilicr for
tticial uiic to (hit
taken from the
c Reader in the
ncnt to ill Cnn-
kfy Trade, by itj
ributing propor-
and A •. (!,
5C0 o o
iifac-
&c.
Hall,
500 o o
hant— — — —
1 000
viz.
inary
333 6 K
.'loth 7^ 00
.:loth
1408
ith a
thfcv
Minds
i 8
pro-
<: i'aid
Durcd
747
Silks
2186
fthc
I 8
5
la-?
'5
from
)iight
4465 8 4
40 )2
»56 15
100
and
^very-
tared
Ucr-
rcrs,
4762 15 10
ain (and we may
radcs for nothing)
re for Confump-
Wcightof *rKr>f<y
jubfillance of our
d to Turkey, and
wc have exported
annually
ORE A T . B R I T A I N,
c.
annually two hundred Times a> many t lothi for Turkey, ind receive for about
lialf that (|uantity ol C'K<tb, the latne Kind of Kcturns in niw Silk for our own
Conlutiiption -, and conliqucntly our own C'onfumptioii ot'TiirJkiy Silk, paid for the
Siibfidttme of our own I'eopic the Sunt of f 00,000/. fii-r /tnnitm, befidcH what in
paid by the other Il.ih of that Trade; but if the t'oiiluinption of ^000/. Value
o( lurkt-y Silk iiiaiuifaClured pays ^00/. to the landed Intcrell lor the Wool lh.it ii
cxportc'it to TiirLy in ManulatiUire, then the animal v onfumption of ^co,ooo/.
Value of that Silk, iiuill pay p.oooA pir yinninii to the landiil InterclK
And yet ihiti i.s nut all that the laiulcil Intercfl rc< eivct* annually by Meant of
this half I'art ot the Tin kty i'r.idc ; the Crown and the Subie«fl ., wlu) ici fi\c nine
Times an nuieh for lulloiiiN and Labour, pay pei haps a ninth I'.ut of what rbey
receive to the l.uiilid liitcieil for t'luthes and I'rovifion ; by wliiih Means the
Conl'umption of 'iuriiy bilk, manulaiilured in Kiii^/iind cither dirciilly or indirectly,
p.iys a filth I'art ol'itK whole Value to the landed Interelt, that i ., it pays di-
u\ily one tenth I'art of the \'aliie of the Silk by the Wo<illeii Manufrtcturc ex-
ported, and as much more by enabling; the I'eople to purcbale necellary Clothcl
and I'rovifions, of whieh nuicli more than a tenth I'art is paid to the landed Iii-
ttlTll.
It will be objeilled hcie, that the 10/. abovementiniRd upon a I'ackof Wool, is
not paid to the landed Iiitercil, lince a Fart of it Ik paid to the Shepherd's Wages,
and a Part to the Labour of Picking and Sorting this Wool : It is very true j but
then conlidering how nuich ot the I'rodui't of the Land is exported to purchnle
Dying (ioods, the tenth I'art of the Price of the whole Silk Manufadturc may
be well faid to be paid for the Produdk of the landed Interclh
It is therefore evident, that of every 5000 A Value of Manufacture from 7//r,<(7
Silk, 500 A is paid for the Manufacturing of the Eh^HjIj Wool that is fent abroad,
33.? ^' 6.f. 8 J. to the Charge and Labour of Dying, 7^ A toother I abour bellowed
on that Manufadure, 747 A is. H il. for manufatturing one Half of our Returns,
and 2 1 86 A 5 j. of the other, bciidcs 1 23 A 15/. for dying the faiiie in Grain Co-
lours ; add to this the Freight of 40 A 1 2 j. 6 d. belide.s the Charges to Fa*!tors
abroad, and Merchants and Mercers at home, and it will appear that near 4000
of every 5000 A Value, or that near 400,00© of every 500,000 A Value of '///rZ-.-y
Silk wrought in Englantl, is paid to the Labour ol the People beftowed upon it ;
and I think this is enough to fliew, that fuch a Trade ought to be carefully
preferved, and that it claims a Share in the Regard of every Cetrtlcman in
Ji upland.
This Calculation, though made only on one Particular of the lu'Viiiit Company's
Exports, may be adapted to any otlii.r Branch of it, or indeed to any other Trade
where the Kcturns are improved to the Increaie of our Maiuifailtuics, and Lmploy
of our People.
Our Exports for Turkty are Cloths, Serges, and other Woollens, Tin, Lead,
Pepper, Cochineal, Indigo, Iron and CJlafs Ware, Leather, Sugar, &ff. which I
have here computed at near half a Million yearly j and though Mr. Suvary in
his Time complains that the I'renc/j, by their ill Management in their Dying and
inanufaduring their Cloths, had loll the greatcft Part o( the conlideralile Trade
they before had in thofe Parts, which he fays the Kngl///j had fecured, yet Mr.
K/ug takes Notice many Years after, that from a trifling Commerce the Frt'tich
carried on, tliey in the Year 171 3 at lead equalled us, and I fear have once more
furpaffed us in the Ltixiw/ TralKck, fo that I cannot imagine our 'Zlf/r/'^iyl'oni-
pany do now export near the Value abovemcntioncd.
The Returns wc have from thcncK, arc raw Silk, Grogram Yarn, Cotton, and
Cotton Yarn, Wool, Goats Hair, Coffee, Dying CJoods, Drugs, Cialls, ^c.
Of Grcat-Britain'j Tradi to Africa.
'T^ Ills Trade, like the preceding, has for many Years pad been carried on bv
■*■ a Company with an exclufive Charter, granted at hrd by K. Charles II. the
\%l\\oi DecemUr 1661, in Favour of his Brother 7f/w<'j-, then D\xV.coi Tork and
Albany, for the Term of a thouland Years, with nill Power to Trade all over the
weftern Coafl; of AJrkk, from the Port of Sallce in South Barbory, to the Cape ot'
4 ii'jod'
619
'ii
r
3k*.' .
h'^'r^^?
1
<i
m.
It-'
t Ik
i
81/ .'
no Of the General Trade of the WORLD.
Good-Hope i but thcfe Letters Patent were afterwards revoked by his Majefty,
with the Duke's Confent, and regranted in 1663, by a frefh Charter, which, in
Confideration of the many illuftrious Perfons engaged in it, had feveral new Pri.
vileges added, and diverfe Regulations made, bcfides thofe before eftabli(hed for
its Government.
Its principal Aflbciates were Queen Catharine of 'Portugal, then his Majefty's
Confort, Queen Mary of France, his Mother, the aforementioned Duke of Tork,
Henrietta Maria, Duchefs of Orleans, his Sifter, Prince Rupert, and moft of ihe
prime Nobility oi England; the reft of the concerned, charged with the Dircdion
of the Company's Amurs, were chofen from among the principal Merchants of
London, more efpecially thofe who had carried on that Trade which the Com-
pany were now put in Poffeflion of And ths^t a proper Title might be given
to this illuftrious Aflbciation, correfpondent to the Dignity of its Conftituents,
it was called the Royal African Company ; and the following Privileges were
granted it, and compofed its Charter.
L That It (hould be crefted into a Body Politick, both in Name and Effeft,
and in this Qualitv {ho<ad be capable in Law, to have, get, acquire, follicit, re-
ceive, poiTefs, and eiijoy, all Manors, Lands, Plereditaments, Rents, Liberties,
Privileges, &c. which any other of his Britannick Majefty's Subjects might till
then poflcfs and enjoy.
IL That It ftiould have a common Seal, of which the Impreflion on one Side
fhould be an Efcutcheon bearing an Elephant, with two Negroes for Supporters,
and on the other Side, his Majefty's Portrait.
in. For Its Government, there ftiall yearly be chofen, by a Plurality of the
Perfons named in the Charter, and other Adventurers interefted in the Company,
it Ccv"-nor, Deputy, and Sub-Governor, with twenty-four or thirty-fix Aftiftants,
at their Eledtion, or aS they ftiall think proper.
IV. That the Governor and his Deputy, with feven of the twenty-four, or
thirteen of the thirty-fix Aftlftants, are authorized to take on them the Care and
Management of the Company's Affairs, whether for buying or felling the Goods
and Merchandize proper to be fent to Africk, or that ftiall come from thence j or
in fitting out Ships, mAing Settlements, and chufing Fadors neceftary for the
well-governing their Trade.
V. The Governor, Sub-Governor, and Aftlftants, when elefted, ftiall take
the Oaths, before the then Lord Chancellor, Keeper of the Seals, or Lord Trea-
furer, except the Governor be of the Royal Family, in which Cafe he ftiall be
exempt from the faid Oath.
VI. It ftiall be permitted to the faid Governor and Aftlftants, to hold Courts
and Meetings whenever they think proper, and a competent Number being fo af-
fembled, may make, ordain, conftitute and eftablifii. Laws, Ordinances, and Re-
gulations, for the Government of their Company ; and after making, to revoke
and difannul them, in order to form others more convenient ; and to impofe and
inflidl Penalties on the Violaters of them, either by Finej or Imprifonment,
provided that the Laws and Penalties are juft, and agreeable to the Laws of
England.
VII. The Pa aiers and Adventurers may grant and transfer all or any Part of
the Stock which they ftiaft have in the Company, to whomfoever they pleafe,
provided the faid Ceffions and Transfers be made in full Court, and regiftered.
VIII. That the Company may put to Sea, fi^ch and as many Ships as they
ftiall judge convenient for their Trade, and furnilh them with Artillery, Ammuni-
tion, and other warlike Stores for their Defence.
IX. That the Company ftiall have the Poflefllon and Property of all the Gold
and Silver Mines that are, or ftiall be found, in all the Extent of their Grant ; and
that It only ftiall deal there (cxclufive of all other Englijh Traders) in all Mer-
chandize, the Growth of the faid Countries, as well as in the 'Traffick of the
Negroes.
X. That it may equip fuch, and as many Veflels as it pleafes, to fend on Dif-
covcries ; more particularly of thofe Places that are hereby granted, and to make
phe necefiary Settlements.
I XI,
XG R E A T - B R IT A I N, m.
XI. That the faid Company rtiall, neverthelefs, pay all the Cuftoms, Subfidiesi
«nd Imports, that are due and payable, as Well on the Exports of Goods and Mer-
chandife fcnt to Africk, as on thofe that fliall be Imported from thence.
XII. That only the Company's Ships, or thofe to whom the Governor and Af-
fiilants fliall give Permiffion in Writing, may trade in Africk within the Limits
before prefcribed, nor bring any of thofe Merchandifes to England, under Pe-
nalty of Seizure and Confifcation of the faid Ships and Goods, Gfr.
XIII. That the Fadlors, Maftcrs of Ships, Sailors, arid Members of the faid
Company, may not trade fecretly, or otherwise, for their own Account, in any
of the faid Parts ; nor import into England any Merchandifefi, on the fame Penal-
ties of Seizure and Confifcation as above.
XIV. His Britannick Majefty referVcs to himfelf and Silcceflbfs, a Liberty of
coming in, at any Time when he fliall think proper, as Sharer in the Company'*
Adventures, upon joining and bringing in a proportionable Fund to that already
made by the other Partners ; in which Cafe they fliall be admitted to have a Part
in the Profits and LolTes that it fliall acquire or fuffer, in Proporlirn to the Sums
that they fliall have brought in.
XV. The Company, or its Governors and Afllftants, may nominate Captains and
Governors, to command in the Colonies that fliall be eftabliflied in the Extent of
Its Grant ; to which Governors and Captains, his Majefty grants Ppwer to com~
mand the military Forces that fliall be thtre j to miifter them, anrf to do and
execute all that is permitted by the Laws of Arms i either without, for the De-
fence of the faid Colonies againft any foreign Invafion, or within, to appeafe any
domeftick Troubles and Seditions. '''•''
XVI. That to explain what has been faid in the IXth Article coricernihg the
Gold Mines, his Majefty referves to himfelf, his Heirs and'Sueceflbrs, two Thirds
of the faid Mines, on fupplyingtwo Thirds df all the Charges that fliall occur, for
the Working and Tranfporting of the faid Gold ; the other Third rerriaining irt-
Property to the Company, on contributing likewife Its ohe Third to the Expences;
XVII. The Company fliall have the Enjoyment of all the Privileges of the City
of London, as full as any other Company of Merchants, eftabliflied by Letters
Patent of his Britannick Majefty, or his Predeceflbrs, may or can enjoy.
XVIII. In fine, his Majefty ordains, as well for himfelf as for his Heirs and
Succcflbrs, that all Admirals, Vice- Admirals, Generals, Commandants, Captains,
Juftices of the Peace, Comptrollers, Collectors, Searchers, artd all other Officers
and Miniftcrs whatfoever, that they be aiding and affifting to the Adventu-ers iri
the Royal African Company, theit' Fadtors and Agents, whenfoever they fliall be
required j his faid Majefty intending, that all contained in the prefent Charter
and Letters Patent fliall have its full Efiedt, and that whatfoever may have been
omitted, or lefs clearly explained than his Majefty intended, fliall be fupplied or
interpreted in Favour of the faid Company.
This Charter of Charles II. of 1663, was aftefwards confirmed by new Letters
Patent of the fame King, under the 27th oi September, 1673 ; which were fol-
lowed two Years afterwards by a Proclamation, in which his Majefty orders xht
Execution of the Article by which was granted to the Company an exclufiVe Pri-
vilege, upon all the Coafts of Africk, prohibiting all his Siibjefts, that were not
Members of it, to trade there.
In fine, neither the Letters Patent, nor the Proclamation, having been fuflicieiit
to hinder the Interlopers from difturbing the Company's Trade, It had Recourft
to the Proted^ion of James II. who It had the Honour to fee twice amdng ihd
Number of Its Aflbclates j from whom It obtained, in the firft Year of his Reignj
a new and more fevere Proclamation, to exclude all the Englijh who were not
Members of the Company, or that fliould not have obtained Its Permiflioh, from
all Trade on the Coafts oi Africk i which laft Proclamation was on the ift of
April, 1685.
In confequencc of thefe Grants, the Company commenced, and carried ort a con-'
fiderable Trade; but the vaft Charges they were at, in building and fupporting their
Fortifications, and their great Expence in maintaining and falarying their FadVors
and Troops, the frequent Embroils and Altercations they have had with difFerent
7 T Nation*
621
'I
if
-11
:^:',;:y
^- v-\
■If
(;.;
,.-..^
"'h
■ i i
„ , ■ '. ''■
1 ^H
t, '■■' ■'■"'■'
^1
Iff'-ili
■1
: ,:, '•."i .
i^H
'Htl
m-
I^H
E'4
'1^.
,_f r^;-
U*...'
^} *',*
611 Of the General Trade ^/y&t? WORLD.
Nations about their Commerce, and the Knavery of fomc, and Mismanagement of
others of their Dependants, obliged them frequently to follicit a national Affiftance,
and, b'-'ng greatly in Debt, at laft to petition Parliament for Relief, who having'
taken the State of their Cife into Confideration, determined on making a new
Company, for exttnding and improving the trade to Africa { which they did by
the following A£t.
»i Cut. II. The Preamble fets forth, that the Trade to and from Africa, being very ad-
pi s+7- vantageous to Great-Britain, and neceffary for the Supplying the Plantations, and
Colonies belonging >' .reto, with a fufficient Number of Negroes at reasonable
Rates, ought for thr ; urpofe to be free and open to all his M^jefty's Subjedls ; It
is therefore enaSied, That it fhall be lawful for all the King's Subjeds to trade to
and from any Place in Africa, between the Port of Sallee in South Barbary, and
the Cape of Good- Hope, without any Reftraint whatfoe\ er, fave as is herem after
exprefTcd.
p. 548. All his Majefty's Subjedls who (hall trade to and from Africa, between Cape
Blanco and the Cape of Good-Hope, (hall forever hereafter be deemed a Body Cor-
porate and Politick, in Name and in Deed, by the Name of The Company of Mer-
'•bants trading to Africa, and by the fame Name (hall have perpetual Succefiion, and
a common Seal ; and may fue and be fucd, and do any other Adt, which any Body
Corporate or Politick, as fuch, may lawfully do.
All the Britip Forts, Settlements and Fadories, on the Coaft oi Africa, begin-
ning at Cape Blanco, and extending from thence t . the Cape of Good-Hope, inclu-
five, and all other the Regions, Ports, fife, comprehended within the faid Limits,
'vliith are now claimed by, or in the Poffcffion of, the Rcyal African Company of
England, or which may hereafter be in the Poffeflion of the Company hereby ella-
bliihed, (liall, from tiw paiHng of an Adt ft>r divefling the African Company of
' their Charter, Forts, and all other their Property on the Coaft of Africa, their
Goods and Merchandife only excepted, be abfolutely verted in the new Company
eAabliihed by this AA, and their Succeflbrs, to the Intent that the Jliid Forts,
Settlements, and Premifes, fhall be employed only for the Protedkion, Encourage-
ment, and Defence of the faid Trade.
The Company eftablifhed by this Adt fhall not trade to or from Africa, in their
Corporate or joint Capacity; nor (hall they have any joint or transferable Stock j
nor fliall they borrow Money on their Common Seal.
P -4,5. The Direftion and Management of the Affairs of the new Company fhall be by
a Committee of nine Perfons to be chofen annually ; who are to meet as often as
fliall be neceffary, at fome Place in the City of Lonaon ; and the faid Committee, or
any five of them, or the Majority of them afTembled, fhall, frcin and after the paf-
fing fuch Adt for diverting the African Company of their Charter, Cc. or before,
lb far as the African Company fhall confent thereto, have full Power to make Or-
ders for the governing and improving the Forts and Factories which are, or fhall
be built within the Limits aforefaid, and to appoint Governors, Deputy-Gover-
nors, or any other Officers civil or miUtary, and to remove or difplace them when
they fliall fee fit ; and to make Orders and Regulations for the better Government
of the faid 0(ficers and Servants abroad, and to take Security for their good Be-
haviour, and Obedience to the Regulations ertabUfhed by this Adl, and to fuch
as the Committee fhall from time to time make ; fb as no Orders or Regulations
made by the Committee fhall lay any Rertraint whatfoever on the Trade or Tra-
ders, contrary to the Intent of tnis kSt.
The Traders, or Perfons intending to trade, to or from Africa, who fhall, on
or before the 30th of fune 1 750, have paid into the Hands of the Chambo-lain of
the City of London, 40 j. each for their Admittance into the Freedom of the
iaid Company, are impowered to meet on the 10th oi July 1750, in the Guild-
balloi the fiiid City, and chufe three Perfons : And fuch as fhall, on or before the
faid ■^oih. oi June nave paid into the Hands of the Clerk of the Merchants I fall
J., jjo. in the City of £r^o/, the like Sum of 40J. are impowered to meet on the 10th
of July, in fome convenient Place in the City of Brijiol, and chufc th.ee other
Penons j and fuch aa fhall, on or before the faid 30th oijune, have paid into the
Hands of the Town Clerk of Liverpool, the like Sum of 4c j. are impowered to
meet on the faid loth oi July, in the Town-Hall of Liverpool, and chule three
other
G R E A T - B R I T A I N, ^:\0
463^
55 =
Other Perfons ; and the nine Perfons fo chofen fhall be the iirft gnnual Committee^
and fliall continue in their Office for one Year, and until others ihall becholcn ih
their Room.
In all future EleAions, the Committee {hall be nominated on the ^Aoijuly in
every Year, in Manner f<- '.lowing, viz. three fhall be nominated by the Freemen of
the faid Company admitted in London, who fliall ailemble for that Purpofe at Lon-
don i three by the Freemen admitted into the faid Company at Brijiol, who (hall
aJTemble for that Purpofe at BriJlol ; and three by the Freemen of the faid Com-
pany admitted in Liverpool, who (hall afTemble for that Purpofe at Liverpool.
The Freemen of the (aid Company in any of the faid Cities and Towns rcfpec- j, q,, jf.
lively, may chufe other Committee-Men in the Place of thole that (hall happen to p , , 1 .
die, be removed, or refufe to adl ; and ten Days previous Nofice (hall be inlerted in
the London Gazette by the Committee, of the Time and Place where futh Eledion
is to be had.
If at the Time appointed for the Eledtions of Committce-Men, the Freemen in
any of the faid Cities or Towns (hall negledt to proceed to fuch Choice, fuch as
(hall be chofen in the other of the faid Cities or Towns, though Icl's in Number
than nine may aft as the Committee until the next annual Elleftion ; and all Elec-
tions (hall be determined by the Majority of the Votes prelent • and where the 3d
of July (hall fall on a Sunday, the annual Eleftion of Committee-Man (hall be on
• Monday the 4th of July.
In Cafe of an Equality of Votes at any Eleftion, the Lord Mayor of London, the
Mayor of Brijiol, and the Mayor of Liverpool, relpeftively, (hall deiermine which
of (uch Perfons (hall be the Committee-Man.
The Committee (hall meei for the firft Time on the firft Monday in Auguft, p.
1750, and (hall then fettle the Manner of their future Meetings, and of the No-
tices and Summonfes to be fcnt for that Purpole to the Members of the Committee;
and no Order or Refolution of the Committee, to which all the Members prefent
at the making thereof (hall not be confenting, (hall be binding, unlefs confirmed
at a fubfequent Meeting, at which all the Members of the Committee (hall be
prefent, or of which the Abfentees (hall have had the ufual Notice.
At every Meeting, w'lsn the Time prefixed for entering on Bufinefs is come, and
fo many as are nece(rary to make a Committee are prefent ; before they enter upon
Bufinefs, a Chairman fhall be chofen by Lot, out of the Committee-Men then
prefent who fhall take the Chair for that Meeting ; but he fhall not vote that Day
on any Qucftion, unlefs the Votes are equal, in which Cafe he may vote ; and every
G}mmittee-man, who fhall not be prefent at the Choice of the Chairman, fhall not
vote on any Qucftion before the Committee that Day; but he may be prefent, and
give his Ooinion in all Matters as any other Committee-man may doj and all Mat-
ters, which fhall be decided by a Plurality of the Votes of fuch of the Committee-
men as fhall be intitled to vote, fhall be deemed to be decided by a Majority of the
Committee then prefent.
Such of his Majefty's Subjefts as fhall, on or before the 30th of June 1750, pay
'a the Chamberlain of London, the Clerk of the Merchants Hull in Brijiol, or the
Town-Clerk of L/wr/oo/, 4JJ. each for their Freedom, fhall be the firfl Mem-
bers of the faid new Company : And from and after the faid 30th of June, any
other of his Majefly's Subjefts who fhall trade to or from Africa, fhall be admitted
Freemen of the faid Company at London, Brijiol, or Liverpool, upon Payment of
401. each, to fuch Perfons as the Committee fhall appoint to receive the fame.
No Perfons admitted Freenwn after the faid 30th of June, fhall vote at the
Eleftion of Committee-men until one Year after their Admidion.
The Chamberlain of London, the Clerk o( the Merchants Hall in Brijiol, the
Town-Clerk of Liverpool, and fuch other Perfons as the Committee fhalf appoint
to receive the faid Sums of 40J. for the Admifiion of Perfons into the Freedom
of the Company, fhall fign and deliver to every fuch Perfon a Certificate of
Payment thereof, for which they (hall be paid 2s. 6d. as a Fee, and no more;
and the Names and Places of Abode of every fuch Perfon (hall be entered in a
Book to be kept for thai Purpofe by the Receivers.
The Chamberlain of London, the Clerk of the Merchants Hall at Brijiol, and the
Town Clerk of Liverpool, (hall pay and deliver over the faid feveral Sums of 401.
received
P' 55J-
m.^(^--:-
■■ I
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t.W-
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?6a^
<j (!n.
II.
'.si' •
% 1 1-
P- J)5
I
p. 556.
0/ /;&? GeNe^ral TRADte of the WORLD.
ttccivcd by them, and the Books in which the Narties and Places of Abode of (he
Perfons making Payment thereof are entered, to fuch Pcrfons as the Committee
(hall appoint to receive the fame. -I ;
The Perfons who fhall be appointed by the Committee at London, Briflvl, aixl
Liverpool, to receive the faid Sums of 40/. Ihall annually, or ofttner if required,
pay and deliver over the fame, together with the Lifts of the Names, and PJaccs
of Abode of the Perfons from whom received, to the Committee, as they iluU
direft. 1 i*.<!i -
An exadt Lift (hall be kept at the Office of the Committee in London, of thi-
Names and Places of Abode of all Perfons admitted into tiie Freedom of the (hid
Company, diftinguiftiing where each Pcrfon was admitted ; which Lift Ihall yearly,
ten Days atleaft before the annual Eleftion, be printed and delivered gratis to the
Members who (hall defirc the fame.
No Perfon (hall be capable of being chofen, or adting as a Committee-man,
above three Years fucce(rively ; and two or more Perions, who (hall be in Co-
partner(hip in Trade, (hall not be chofen, during the fame Time or Year: And
none of the faid nine Perfons, during the Time they (hall be of the Committee,
{hall diredlly or indireftly trade jointly or in Copartner(hip to jifricai or lade any
Goods or Merchandifes on board the fame Ship in which any one of the Com-
mittee (hall, for that Voyage, have before laden Goods, to be carried to any Place
in yifrica.
The Committee may from time to time invert fuch Part of the faid Money in
their Hands, as they (hall judge neceflary, in the Purchafe of Goods and Stores ;
which, after the fame are infured, (hall be exported to Africa, and there fold, and
applied for the fole Ufe, Prefervation and Improvement of the Forts and Settle-
ments i and for the Payment of the Wages and Salaries to the Officers and other
Perfons employed there ; but the Committee (hall not export from Africa any Ne-
groes or other Goods in Return, or in any other Manner carry on a Trade to or
from Africa. And an Account of the Committee's Receipts and Payments (hall be
kept in a Book which (hall be open at their Office in London, to be perufed grafts
at all feafonable Times, by any Members of the Company.
The Commiffioners for Trade and Plantations may remove any of the Comtnit-
tee-men, or Officers, or Servants appointed by them, who (hall be guilty of any
Miftrhaviour, contrary to this Adl j giving Notice of fuch Removal, and fpecify*
ing the Caufes thereof to the Committee j and when a Committee-Man (hall be
fo removed, the Committee (hall give Notice forthwith to the Mayor of the City
or Town by whom the faid Pcrfon was cholen, to eleit another in his Room ; and
if any Officer or Servant (hall be removed, the Committee may appoint another in
his Stead.
Whenever a Committee-man (hall be charged with Milbehaviour in his Em-
ployment, the Commiffioners for Trade and Plantations (liall fummon him to ap-
pear before them ; and upon his Attendance, oc Default, examine into the Truth
of the Charge, before they (hall remove him from his Employment.
The Committee (hall render an Account of all their Tranfactions once a Year to
the Commiffioners for Trade and Plantations, or oftner if required ; in which (hall
be contained an Account of all the Monies received and dilburied by them, or by
their Order j and alfo all the Orders and Inftru^tions given, as well to their Olliccrs
and Servants in Great-Britain, as on the Coafts of Africa ; and all their Anfwers
thereto ; and all other the Tranfadtions of the Committee.
The Committee, out of the Monies they (hall receive, xo»y deduft annually a
Sum not exceeding 800/. for defraying, in the firft Piace, t>ie Salaries of their
Clerks and Agents, ^X London, Brijhl, znA Liverpool, the Houfc-Rent of their Of-
fice in London, and all other Charges of Management, Commi(rion, or Agency, in
England; and the Refidue of the faid Sum (h?ll be divided an.ongft themfelvcs, as
they (hall think proper, as a Compenfation for their Trovble and Attendance; and
the reft of the Monies (hall be applied wholly to the ]Via.nt -.nance and Improve-
ment of the Forts and Settlements on the Coaft ci Africa, which (hall be in the
Po(re(rion of the faid Company, and for providing Ammunition and Stores, and
Officers and Soldiers, to defend the fame.
The
DRLD.
es of Abode of (ht
as the Committee
.otidon, Brijidl, imd
jfttiier if required,
Barnes, and PIacw
ittee, as they lliaU
! in London, of the
recdom of the fajd
ch Lilt ihall yearly,
vcrcd gratis to the
a Committee-man,
ho fliall be in Co-
imeor Year: And
of the Committee,
Africa i or lade any
f one of the Cora-
.arricd to any Place
f the faid Money in
Goods and Stores ;
and there fold, and
e Forts and Settlc-
e Officers and other
rom Africa any Nc-
ry on a Trade to or
d Payments Ihall be
to be perilled grafts
any of the Comtnit-
lall be guilty of any
moval, and fpecify-
nittec-Man fhall be
Mayor of the City
in his Room } and
appoint another in
laviour in his Em-
ummon him to ap-
nine into the Truth
ment.
tions once a Year to
red ; in which Ihall
led by them, or by
/ell to their Officers
d all their Anfwers
dedu<5l annually a
e Salaries of their
;-Rcnt of their Of-
ion, or Agency, in
ngft themlelves, as
d Attendance; and
ante and Improve-
ich Ihall be in the
on and Stores, and
C,e,.
SS7-
G R E A T . B R I T A I N; ^r. O 62:
The Committer fliall, within one Month after the Expiratimi of the Year for
which they fliall be chofen Committee-men, lay before the Curlitor Baron of the
Exchequer, an Account upon Oath of the Money received by them during the pre-
ceding Year, and of the Application thereof; and the Curlitor Baron, within one
Month after, fliall audit and pafs the fame i and he may examine any of the faid
Committee, and fuch other Perfons as he fliall judge neceflary, upon Oath, touch-
ing any of the Articles or Particulars therein j and the Account fo audited and pafled
fliall be a full Difcharge to the faid Committee, without their being compelled to
render any other j and the Committee fliall lay before the Parliament every Seflion
a Copy of the faid annual Account, and of all the Orders and Regulations made by ';}
them in the preceding Year relating to the faid Forts and Settlements, or the Go-
vcrnirent of their Officers or Servants employed therein ; and Copies of the fame
fliall be annually laid before a general Meeting of the Members of the faid Com-
pany, to be held in London, lirijiol, and Liverpool, of which fourteen Days Notice
fliall be previoufly given in the London Gazette.
No Officer or other Per Ion employed by the Committee at any of their Forts or
Settlements, fliall in any Manner, or on any Pretence, obftruft any of his Majefty's
Subjefts in Tradmg; and the Forts, Warehoufes, and Buildings, which arc or fliall
be eredted by the faid Company, fliall at all times be free and open to all his Ma-
jefty's Subjefts, to be ufed as Warehoufes for depofiting Gunpowder, Gold, Ele-
phants Teeth, Wax, Gums, and Drugs, and no other Goods.
The faid Forts, Warehoufes, and Buildings, fliall ''n Cafe of Ncceffity or Dan-
ger, be free and open to all his Majefty's Subjects, lor the Safety of their Perfons,
and Security of all their EfFedts.
Any of his Majefty's Subjefts trading to Africa, for the Security of their Goods
or Slaves, may crcft Houfes and Warehoufes under the Protection of the faid Forts,
or elfewhere, in any other Part of Africa within the Limits aforefaid ; and the
fame fliall be their Property, and not be difpofed of or let to any Foreigner what-
foever.
If the Commander or Mafter of any Veflel trading to Africa, Ihall by any indi-
rect Pradtice whatfoever, take on board or carry away from the Coaft oi Africa any
Negro or Native of the Country, or fliall commit, or fufFer any Violence to be
committed on the Natives, to the Prejudice of the faid Trade, he Ihall forfeit i oo/.
one Moiety thereof to go t-> the Ufc of the Company towards maintaining the faid
Forts and Settlements, and the other to the Profecutor.
The Lords of the Admiralty fliall give Inftrudtions to the Captains of fuch of his
Majefty's Ships of War as fliall be ftationed or ordered to cruize within the Limits
aforefaid, from time to time to infpeCt and report to them the State aud Condition
of the faid Forts and Settlemsnts ; and the Officers of fuch Forts are required to
permit fuch InfpeCtion ; and Copies of all the faid Reports fliall be laid before the
Parliament every Seflion.
Such Commiffion Officers of his Majefty's Navy, as the Lords of the Admiralty
fliall appoint for that Purpofe, fliall infped and examine the State and Condition of
the Forts and Settlements on the Coaft of Africa in the Pofleflion of the Royal
African Com^dsvy, and of the Number of Soldiers therein; and alfo the State and
Condition of the military Stores, Caftles, Slaves, Canoes, and other Veflicls and
Things belonging to the faid Company, and neceflary for the Ufe and Defence of
the faid Forts and Settlements, and fliall, with all pofllible Difpatch, report how
they tind the fame to the Lords of the Admiralty ; and the faid Company, their
Oflicers and Servants, are required to permit fuch Infpedtion and Examination,
and to affift therein ; and a Copy of the faid Report ihall be laid before Parlia-
ment at the Beginning of the next Seflion.
The Accomptant-Gencral of the Court of Chancery, and fuch two of the other
Mafters of the faid Court as the Lord Chancellor, or Lord Keeper of the Great ■*
Seal, fliall nominate for that Purpofe, fliall be Commiflioners for examining into
the Claims of the Creditors of the Royal African Comply ; and the laid Com-
miflioners, or two of them, are impowered, according to their Difcretion, by Exa-
mination of the Parties interefted, or the Teftimony of Witrtcfles upon Oath, or
by the Infpedtion and Examination of the Books, Deeds, Writings and Accounts
of the faid Company and their Creditors, to examine into the laid Claitr". and
7 U enquire
J', K ■
p. s;».
5S9-
6i6
11
■
11
Wm
^Pl
t';.'^
k*
2] Gtt. II.
p. 560.
:< ^
■' i
p. S6i.
ft" V'
if
f ' :
i. t *
' !
2j G«. II.
P- 773. 774
P- 775-
0/ M^ (jenekal Trade o/'//j^ WORLt).
enquire and ftate Vrhcn the fame were rcfpedtively incurred, and for what Con-
fideration they were originally contracted, and upon what C'onfideration the
Claimants became intitled thereto, together with iheir Opinion of the Juftnefs and
Reafonablencf of fuch Debts j and for that Purpofe the Creditors are to deliver
unto fuch Officers and at fuch Place within the City of London as the faid Coiii-
miflioners, or two of them, fhall appoint, of which Notice /hall be given in tlie
London Gazette, an Account of their rcfpe(ftive Claims, with a Copy of their ;ie-
curities for the fame j and fuch of the faid Creditors as rcfide in Great-Britain or
Ireland, ftiall make their Clain.s on or before the 30th of ^«w//? 1750, and fuch
as arc refident on the Coaft of Africa, or elfewhcrc beyond the Seas, fliall make
their Claims on or before ttit, ;^oth of December 1750 j and the Dircftors and
Officers of the faid Company, and all other Perfons whom tiie Commiffioners
fliall think fit to examine touching the faid Matters, are required to attend the
C mmiffioners at the Times and Places they ffiall appoint, and to give the bed
Information they can touching th« faid Claims ; and to produce all Books and
Papwrs in their Cullody or Power relating thereto ; and the Commiflioners, or two
of them, are authorifed to adminifter an Oath for the better Difcovery of the
Truth of the faid F'ads ; and they are to clofe their Ejcaminations of all the
Claims that fliall be made by fuch of the Creditors who rcfidc in Great-Britain or
Ireland, on or before the -^id of January 1750; and of fuch as refide in Africa or
other Parts beyond the Seas, on or before the z%^ of February 1750 ; and are to
lay the Accounts of their Proceedings before the Parliament with all convenient
Speed. If any Perfon fummoncd fliall negleft or refufc to appear and be examined
touching the Matters and Things by this Adl diredled to be enquired into, or fliall
refufe to anfwer, or fliall not fully anfwer to the Satisfaction of the Commiflio-
ners all Queftions put by them, as well by Word of Mouth as by Interrogatories
in Writing, or fliall refufe or negledl to produce all Books of Accounts and Tapers
in their Cudody or Power relating to the Premiflcs, any two of the Commiffioncrs
may commit fuch Perfon to fuch Prifon as they fliall think fit, to remain there
without Bail or Mainprizc until he fliall fubmit in all things aforefaidj and the
Coinmiffioners, where any Perfon fliall be committed for refufing to anfwer, or
for not fully anfwering any fuch Queftion, fhall fpecify the Qucftion in their
Warrant of Commitment.
The Royal African Company, (3c, are reflrained for one Year, to be computed
from the 17th of March 1749, from affigning or difpofing of any of their military
Stores, Ammunition, Slaves, Canoes, Vcflels, and things neccflary for the Ufe or
Defence of their Forts and Settlements ; and all Aftions and Suits for Recovery of
any Debt due by, or contrafted on behalf of, the faid Company, fliall be flayed for
one Year, to be computed from the faid 1 7 th of Af^rf A, 1749.
The Remainder of this Aft is about Mr. David Crichton then in Cuftody, and the
Charges of obtaining the Aft, Gff . And another was made in the fucceeding Seflion,
vtz. 24 Geo. II. for allowing farther Time to the Commiffioncrs appointed by and
in Purluance of the preceding Aft, to inquire into the Claim of certain Creditors of
the Royal .^«-<wi Company, (Sc. viz. till the \zt\\of January 1752.
This Aft recites the two preceding ones, arid in Puriuance of them, that a Survey
had been taken of all the Forts and Caftles of the Royal African Company on the
Coaft of Africa, by Captain Thomas /y. Commander of his Majefty's Ship Uum-
ber,'?iA of the Quantity, Number, and Quality of Cannon, and their military Stores,
Canoe Men, Caftle Slaves, Canoes and Veflels, then at each refbeftive Fort belong-
ing to the faid Royal African Company. And whfcfeas the faid Company are willing
to furrender all and fingular their Lands, Forts, Off. and all their Eftate, Property,
Interefls and EfFefts whatfbever, for fuch Compenfation and Satisfaftion, and to be
applied in fudi Manner as herein after is e?(preflfcd and direfted : Be it therefore
enafted, that the Royal African Company of England, from and after the loth
Day of April, 1752, fliall be, and they are hereby abfolutcly divcfled of, and from
their faid Charter, Lands, Forts, CafHes, &c. and all other their Eftate, Property,
andErifefts whatfoeverj and that all and every the Britijb Forts, Lands, Caflle's,
Settlements and Faftories, on the Ooaft of Africa, beginning at Port Sallee, and ex-
tending to the Cape of Good Hope inclufivc, which were granted to the faid Com-
pany by the faid Charter, or wkichhave been fincecrcfted or pnrchafed by the faij
Company;
|fj-| '■■■
m
all be given in thu
;C«.
776.
G R E A T - B R I T A i N, ^c. 6if
Company -, and all other the Regions, Countries, &c. lying and being within the
aforcfaid Limits, and the Iflands near adjoining to thofc Coafts, and comprehended
within the Limits defcribcd by the faid Charter, and which now are, or at any
Time heretofore have been, in the Poffeflion of, or claimed by the Hiid Royal ylj-
rican Company of England, together with the Cannon, and other military Stores*
Canoe Men, (Sc. at, and belonging to the faid Forts, Cadlcs, ^c. (fuci> Stores as
have been made ufc of in the Service of the Forts, and fuch Canoe Men and Slaves
as may have died fince the taking of the faid Survey, only excepted) and alfo all
Contracts and Agreements, made b/, or for, or on the Behalf of the faid Royal
^/r/M« Company, with any of the Kings, Princes, or Natives, Off. and ajldther
the Property, Eftatc und EfFedls whatfocver of the faid Royal African Company,
(hall, from and after the fa'd loth Day oi April, 1752, be veftcd in, and the fame j;
and every of them arc, -"id is hereby fully and abfolutely veftcd in the faid Corpo- P'
ration, called and know, by th'S Name oiTke Company of Merchants trading to
Africa, and their Succeflbrs, freed and abfolutely difcharged of and from all Claims
and Demands of the faid Royal African Company and their Creditors.
Provided always, that the diverting the faid Royal African Company of their
Charter, and vcfting the beforementioned Premifes in the faid Company of Mer-
chants trading to Africa, Ihall not extend to give the faid Company, or tneir Com-
mittee, any other Right, Privileges, or Powers, than fUch as are given to the faid
Company by the afore recited Aft of 23 Geo. II.
And Bance liland, in the River Sierra Leon, with its Forts and Buildings, ap-
pearing to belong to Alexander Grant, John Sargent, and Richard Ofuiald of Lon-
don, Merchants, they fhall continue in the quiet Poffeflion of it, and it fliall be
abfolutely veftcd in them, their Heirs and Afligns ; any Thing herein or in any p. 777.
former Adts to the contrary notwithftanding j though with the Provifo, that it
fhall never be lawful for them to alienate their Right and Intereft therein to any
fore'.en Pcrfon.
The new Company of Merchants may, with the Confent of the Commiflioners
for Trade and Plantations, raife and arm, train and mufter, fuch military Forces as
to them fliall fecm requifite and neccffary, and fubjeft them to martial Dlfcipline,
fo as the Puniflimen; does not extend to the Lofs of Life or Limb.
They may alfo ereft Courts of Judicature, for hearing and determining all Caufes
on Account of maritime Bargains, &c. or concerning any Perfon refiding within p. 778.
the Bounds and Limits aforefaid.
Provided neverthelefs, that hi^ Majefty, his Heirs and Succeflbrs, fhall have full
Power, ;it his or their Will and Pleafure, from Time to Time, by his or their
Sign Manual, to revoke all fuch Powers which fliall be given to any Perfons for
railing, arming, and training the military Forces, and all flich Rules and Regula-
tions as fliall be given or ellabliflied, and to grant all military Powers on the faid
African Coaft, and cftablifti fuch Rules and Regulations as he or they fliall from
Time to Time think fit j and alfo to revoke and repeal all fuch Courts of Juftice
as fliall be eredted ; and to ercA and eftablifh fuch other Courts of Juftice there,
as he or they fliall from Time to Time think fit.
And be it farther enadted, that all Contracts and Agreements which have becin
made by the faid Royal African Company with any of the Kings, Gff. on the faid
Coafts, and all Deeds, &c. which did belong to the faid Company, fliall, on ot- be-
fore the faid loth Day of April, 1752, be delivered over to the faid Company Of
Merchants trading to Africa, &c.
And for making a full Compenfation and Satisfadion to the Royal African Com-
pany for their faid Charter, Lands, Forts, Caftles, &c. Beit enaSled, that out of P 779
all or any the Aids or Supplies granted to his Majefty in this Seftion of Parlia-
ment, there may, and fliall be applied and paid, the Sum of one hundred and twelve
thoufimd one hundred and forty-two Pounds tftrce Shillings and three Pence,
without Account, to fuch Perfons, and in fuch Proportion, and in fuch Manner,
as is herein after particularly directed and appointed.
That out of the faid Sum of 11 2142/. 31. 3^. the Commiflioners of his Ma-
jefty's Treafury, or any three of them for the Time being, do iffuc and pay the
Sum of one thoufand fix hundred and ninety-five Pounds and three Shillings, to
Richard Edwards and Edmund Sawyer, Efqrs. two of the Mafters of the High
a Court
^mm
■;r'«
M-' :\
: m
I; Cn. 11.
p. So.
I': .f
628 0/ tJlfe General Trade of the WORLD.
Court oi Chancery, and 7o-6« ^r«j/>/f, Elq; one otiicr of the Maflcrs, and alfo
Accomptant-Gencral of the faid Court ; being the Commiflioncrs appointed to
examine and ftate the Claims of the Creditors of the faid Royal African Company,
by the 23d of his prcfcnt Majefty, for their Trouble, and in batisfadion of the
Expences of executing the faid Commillion.
And it is farther cnadled, that out of the aforefaid Sum of 1 1 2 142/. 3/. 3^/. the
farther Sum of eighty-four thoufand lix hundred and fifty-two Pounds twelve
Shillings and icvtn Pence, be diftributcd and paid to the feveral Creditors men-
tioned and fet forth in the fecond Schedule to this Adt annexed, in the refpedlivc
Sums and Proportions therein mentioned, in full Satibfadion of all and every tluir
Demands.
That twenty-three thoufand fix hundred and eighty-eight Pounds fifteen Shil-
lings and five Pence, be paid and divided t;i r»nd amongll the Pcrfons named in
the third Schedule to this Ad annexed, in the Sums and Proportions therein men-
tioned, being fuch of the Proprietrrs of ylfriat.i transfcrrablc Stock as weie pol-
feflcd of the fame on the 31ft Day of Dntmher, in the Year of our Lord 1748, the
fame being coi^puted to ' e at, and after the Rate of fen Pounds per Centum ou
the faid Stoc! '-> po*' \ by them at that Time, in full of all their Right and
Title to the fan;*' or ■• >- Part thereof.
That the Suii^ A i.w ; ->ulandone hundred and five Pounds twelve Shillings
and three Pence, i'^ikkt*;*. *he laid Sum of 1 12142/. 3^. 31/. be paid and divided
to and amongft the " .dons i ■ -d in the fourth Schedule to this Ad annexed, in
the Sums and Proportions thei».in nentioned, being liit.h of the Proprietors of ylj-
rican tranferrable Stock as have become pollelled ot the fame fini e the faid 2 1 ll of
December, 1748, being cc iputed to be at and after the Rate of five Pounds /itr
Centum on tne Stock fo poffcffed by them, in full of all theii Right and Title to the
fame, or any Part thereof.
And be it farther cnaded, that from and after the faid loth of April, 1752, the
faid Royal African Company Oiall ceafe to be a Corporation, and all Claims and
Demands againfl it, &c, are hereby declared to be null and void, (3c.
And that the faid Richard Edwardst Edmund Sawyer, and John Waple, Efqrs. or
fuch other of the Maftcrs of the High Court of Chancery as may be hereafter ap-
pointed, ihall be conftituted and appointed Commifiioners for the making out and
delivering Certificates to all tlie Creditors of the faid Royal ./^r/V^in Company, and
the Proprietors of their Stock in the faid Schedules particularly mentioned, and for
other the Purpofes in this Aft contained, for Uic Space of two Years, to be com-
puted from the ift oi January, 1752. And the faid CommiiTioncrs, or any two of
them, arc hereby impowered and required with all convenient Speed to make out,
under their Hands, and to deliver to all and every the Creditors of the faid Com-
pany, and to the feveral Proprietors of African transferrablc Stock, mentioned in
the faid feveral Schedules, Certificates of what is due, or allowed to them rc(pec-
tively as aforefaid, and to take proper Receipts for the fame, &r.
And in Cafe of any of the Creditors or Proprietors Death, or becoming Bank-
rupts, the Certificate fliall be delivered to their rclpcdive Executors or Af-
fignees.
And be it farther cnaded, that all the Creditors of the faid Company, and Pro-
prietors of their Stock, on Receipt of the Certificate herein before direded to be
made out and delivered, fliall, upon their refpedive corporal Oaths, which the faid
CommifTioners arc hereby authorifed to adminifler, produce, and deliver up, to the
faid Commiffioners, all and lingular the Bonds, Bills, &c. relating to their rcfpec-
tive Debts, which at the Time of the Examinationof their Claims, or that of re-
ceiving the faid Certificate, were, orfhall be, in their Hands, which the faid Com-
miflioncrs are hereby impowered and required to cancel and deflroy ; and the Com-
miflioncrs are hereby impowered to flop and retain the Certificates of fuch as
fhall not deliver up the Securities to their Satisfadion, or as they fhall require.
And that the Creditors and Proprietors, or their Executors or Alfignces, fliall
attend the faid CommifTioners, on fuch Days and Times, and at fuch Place, within
the Cities of London or IVeJlminfler, as the faid CommifTioners fliall appoint in the
London Gazette.
p. 7S1
p. 79l.
That
G R E A T . B R I T A I N, ^r .
That the Lord High Trcafurcr, or any three or more of the Commiflioners,
arc hereby authorifedand impowcrcd, on Tender to them of the Certificates, to i; an.
iliue tuid pity to the Peribni named in them, the feveral Sums therein refpedlively p- i*i-
contained.
That in Cafe of the Death of any of the CommifTioners, others (hall be ap-
pointed by the Lord Hijjh Chancellor } and the Commiflioners are hereby re-
quired to lay Accounts ot their Proceedings before the Parliament.
And it is farther cnadted, that the faid Company of Merchants trading to ytfrica,
and their SuccelFori, are hereby required, with all convenient Speed, to fell and
(lilpole of all the Goods, Wares, and Merchandifc of the faid Royal AfruanCom-
pany, which ftiall come to the Hands of the (sud Company of Merchants or their
Agents (the military Stores, Slaves, Canoes, and Veflels, in the firft Schedule to
this Adt annexed, excepted) for the beft Price that can be got for the fame ; and
that the laid Company of Merchants do every Scffion of Parliament, until the
wliole ihall be difpofed of, lay before both Houfes of Parliament an Account of
the Difpulition ot the faid Goods, &c.
Ail J that the faid Commiflioners Hiall and may take for each Certificate from
the Parties obtaining the fame, a Sum not exceeding the Rate of two Pounds A?f
Cent, upon the Money contained therein, where the Sum fhall not be more than
one hundred Pounds j and "? Sum not exceeding one Pound per Cent, where the
Money contained therein is above one hundred Pounds, and not exceeding one
thoul'and Pounds ; and a Suni not exceeding ten ShiUings per Cent, where the
Money contained therein does exceed one thoufand Pounds } which refpedtive '
Sums, and no more, the faid CommifTioners fhall and may demand and take, in
full Recompence for all Trouble and Expences which they or their Clerks, £<•" .^^
fliall be at, in the Execution of the Powers thereby given them.
And whereas at a general Meeting of the Creditors of the faid Royal Af it.ju
Company, on the 4th oi March 17471 Robert Myre and William Mills, of Lc >n.
Merchants, and John Leapidge, Stationer, with others, were chofen and apj"- niu,
by the faid Creditors, to follicite a Satisfaction for the juft Debs due and t , nj- to
them ; and as it is reafonable that all the faid Creditors fhould contribute to i .
Charges of fuch Sollicitation, and a proportionable Part of the ExpeiKes frw -ibtain-
ing this and the laft Adt ; every Creditor of the faid Company whofe Na ^e. .
prefTed in the fecond Schedule, fhall pay to the faid Robert Myre, &c. 01 ^ik. of
them, a Contribution, at, and after the Rate of two Pounds per Centum, upon the
Sum in the faid Schedule expreffed, to be by them, the faid Robert Myre, &c. ap-
plied in Payment of all fuch Charges and Expences as they have been or fhall be at,
&c. and no one of the faid Creditors fhall nave a Certificate of, or for, his or her
faid Debt or Claim from the faid CommifTioners, until he, or fhe, fhall produce to
them a Note in Writing, under the Hands of the faid Robert Myre, &c. or one of
them, exprefling the Receipt of the faid Contribution. And the faid Robert Myre, _ -g^
&c. fhall, on or before the lothof Afoy, 1754, or within three Calendar Months
next after all the Contributions aforefkid fhall have been paid (if the fame fhall be
fooner paid) lay and fubmitan Account thereof, ?ind of their Payments and Dif-
burfements, in Writing under their Hands before the faid Commiflioners for their
Examination and Allowance; and fhall difpofcof the Ballance then remaining in
their Hands (if any) in fuch Manner as the faid Creditors at a general Meeting to
be fummoned for that Purpofe by Advertifement in the LpnMn Gazette, or the
major Part in Value of the Creditors, at fuch Meeting, fhall rcfolvc, agree, or direft.
And whereas there is a confiderable Sum of Money due to William Newlan4, the
Solllcitor of the Royal African Company, for his Fee, Labour and Difburfements,
in diverfe SolHcitations on their Account in th?ir general Bufmefs fince the 3rft of
December 1749 ; and it beingjufk and reafpnable that all the Proprietors of the
transfcrrablc Stock of the faid Company fhoiild contribute to a proportionable Part
of th? E^cpences for obtaining the J^ and prefept Aft, every Proprietor of the faid
Company, whofe Nanjcs are cxprcfTcd in the t^ird and fourth Schedules to thi?
Adt annexed, fhall pay to John Faughan, Solpmon Ajhley, and 'Bibve Juake^ Efqrs.
Captain 'T/iowi/x tlollett, and SamuelBxell, Gentlemen, or one of them, a Contri-
bution, at, and after the Rate of two Pounds ^rr Centum, for and upon the re-
fpediVe Sums in the fidd refpedtive Schedules ctpxcScd tq be pay»ble to the Per-
'^ ' " ■ 7 x---^-^;-' --■^^rfi^v•■'• ibn»
629
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630 0//y&^ General Trade 0/ t be WORLD.
fons therein mentioned, to be by them the laid Jjl/n FaughaH, Efq; Gff. applied
in Payment of lUch Sums as are now due to the laid li'Uliam NewlanJ, on the
Account beforementioned > and a proportionable Part of the Charges for obtain-
2; Of,, w. ing the faid Adts, in fuch Ma-'ncr as fliall be adjudged and diredcd by the faid
V- 1*''- Commiflloners in Writing under their rcfpedtive Hands i and no one of the faij
Proprietors fliall have a Certificate for his or her laid Share and Proportion from
the laid Commiflloners, until he or Ihe lliall produce to them a Note in Writing,
under the Hands of the faid Jabn Faughan, tiJj Gff . or one of them, exprefllng
the Receipt of the faid Contribution; and the iuAyohn ymgiim.EHq; &c. iluW, on
or before the loth of M;^, 1754, or within three Calendar Months next after all
the Contributions aforefaid Ihall have been paid (if the lame Ihall be fooner paid)
lay an Account thereof, and of their Payments and Uilburlements, in Writing
under their Hands, before the laid Commiffioners for their Examination and Al-
lowance, and Ihall difpol'e of the Ballance then remaining in their Hands (if any)
in fuch Manner as the faid Proprietors, at a general Mt cting to be lummoncJ
for that Purpofe, by an Advertilement in the London Gazette, or the major Part
of them in Value, prefent at fuch Meeting, Ihall direft and appoint.
This Adt Ihall be taken and deemed as a publick Adt, (^c.
Thus funk a Company, in whofc Affociation the greatcft Perfonages were at
firft concerned, a:id its Eftablilhment fcemed to proniife a more fortunate Termi-
nation th.'ii it has met with ; a plain Proof of the Uncertainty of human Affairs,
and how little Dependancc is to be made on the Smiles of Fortune.
Our Exports for this Trade arc Cloths, and other Woollens, Muflins, andfomc
other India Goodc, Spices, Drugs, Tobacco, bugar, dying Woods, Alum, Paper,
Steel, Iron, Lead, Toys, Mercery and Hard Ware, Ivory and Box Combs*, Glals
Beads, £Sc. — And our Returns from thence arc Slaves, Gum Senegal, Oftrich
Feathers, Indigo, Gold Duft, Dates, Danuis Railins, Copper, Wax, Wool, Goat
Skins, Coral, bitter Almcnds, &c. In which Defcription I include the Parti-
culars of that fmall Branch of Trade wc carry on from hence, with Sallee, Tunis,
Tripoli, and /ilgiers.
I Ihall in the next Place give fomc Account of the Original of our Trade to
India, and the firft Inftitution of a Company for carrying it on, whole Affluence
may confirm the preceding Remark on the Royal AJrican, that Succefs is not al-
ways to be expedled as an infallible Confequcnce of the bcft projected Scheme and
Induftryi but that the fame Steps, which lead fome to Profperity, condutS others
to a contrary Fortune; by Accidents that intervene, and are not to be guarded
againft ; otherwifc the African Afl'ociation might ftill have flouriHicd, and vied
in Opulency with that I am now going to treat of.
Oj the Trade betvieen Great-Britain and Afia, more ejpeclally that carried on hy our
Eaft-India Company.
OU R Knowledge of the Eafi-Indics was early, and is very rcafonably fuppofcd
to be derived to us from the Ramans during their Settlement among us, tnough
it is not faid that any Commerce was attempted with thofc Parts till the celebrated
Alfred (who fo glorioufly filled the Britijb Throne) fent, in 883, a favourite Ec-
clefiaftick, one Sighelmus, with Alms for the poor diftreficd Chriftians of St,
Thomas and St. Bartholomew in tUc InSes -, this we learn from the Saxon Annals,
and though an extraordinary E^ent, they alone would put it paft Doubt, had we
not tlie Confirmation of it from fVillkm of Malm/hury, who writes, that the faid
Sighelmus left in the Trcafury of Sberburn Church in Dorjetjhire (of which on his
Return he was made Biihop) iomc: Jewels and Spices that he had brought with
him from AJia.
This Voyage however was not foon repeated by any other, and it was ftill later
before any Trade was fettled from hence, the Venetians, as I have already mentioned
in this Work, having fupplied us always with the AJiatick Commodities, till the
Eyes of our Merchants were opened to the Advantages which a dired Trade would
produce ; they folicited the ProtcifUon of the Throne to their infant Engagements,
and after ftruggling with many Difficulties and Oppofitions from jarring Interefts,
have
iiit carrkJ on by our
GREAT-BRITAIN,
irc.
have at laft happily brought the Cor.pany trading there, to be at leuit fccond, if
not ranked as a hr(t, atnongll the mull upulciit Aliuciations in the World.
It it dud, that in the Year 1 527, one Mr. Rokrt 'Thome oi London, then fettled
at StvilU m Spain, was the firit that ever recommended the edablilhing an Eitjl-
India IVade from England, and added fuch (Iroiig Reafons to his I'ropuCals (which
both Books and Experience had furnifhed him with) as would h.ivc been more
than fufficient in this enlightened Age, to have reiidi 1 his Schemes fuccdsful j
but in that Dawn of commercial Knowledge, 1 cople \vcre timorous of engaging
in fuch a bold Undertaking as this then appeared to be, and confcqucntly the Aims
of this judicious Gentleman, fur his Country's Profperity, were rendered abortive
by the PufiUanimity of thofe they were addrcfTed to. And though many Englijh
Snips, and more Engiijhmin (in foreign Bottoms) were fuccefliveiy going there,
and by their Accounts made appear how ealy an Edabliflmient of Fadlorics, Oft .
would be to their Countrymen in thufc Parts, nothing was done in it till Queen
Elizabeth' ■& Reign, when Icveral great Men and eminent Merchants began to enter-
tain a Defign o^ eAablifhing fuch a Commerce. And in order to do it the more fe-
curcly, they follicited her Majefty for an exclufive Charter, which ihe accordingly
granted them on the 31ft oi December, i6co, in the 47dYear of her Reign;
thereby conftituting them a Body Corporate, by the Titilc oi The Governor and
Company of the Merchants oJ'London, trading to the Ea(l-Indies, with a Common
Seal, and to be managed by a CJovernor and twenty Diredors, yearly to be chofcn,
on the I ft of July, or within fix Days after. She likewife granted them the
Privilege of making By-Laws, allowed them to export Goods Cuilom free for four
Years, with a Permimon alfo to carry out thirty tnoufand Pounds (every Voyage)
of foicign Coin, provided they brought an equal Sum of fimilar Species into
thefe Kingdoms by their Trade.
This Cnarter was for fifteen Years, and her Majefty engaged to grant no other
during that Term ; but this Ceflion was with the Provifo, tliat if within the faid
Space this Charter (hould appear to be in any Refpedt detrimental to the Publick,
it (hould, upon two Years Warning, under the Privy Seal, become void ; but if
Experience (hould evince the contrary, and this new Corporation appear to be x
publick Benefit, then Hie promifes to renew their Charter, with fuch additional
and favourable Claufes, as (hould be requifite to promote the Advantage of the
Company and the Kingdom.
In Confcquence of this Charter, the Company lo(t no Time in raiiing a joint
Stock for promoting their Defign of carrying their Projcd immediately into Exe-
cution J in which they were fo fuccefsful, as foon to find themfelves Mafters of
feventy-two thoufand Pounds (no fmall Sum at that Time) with which they de-
termined to commence their Trade, and gave Beginning to it by fitting out five
able Ships for the firft Voyage ; of which Squadron the Dragon (of fix hundred
Tons) was Admiral, the HeSfor (of three hundred Tons) Vice Admiral, the
Sujannab and Afcenjion, of two hundred Tons each, and the Guejl, a Store
Ship, of an hundred and thirty Tons Burthen ; the whole Complement of Men
was four hundred and twenty -, the Expence of equipping them forty-five thou-
fand Pound ; and the remainine twenty-feven thoufand Pounds of their Ca(h
was expended in the Purchafe of their Cargoes.
They failed from Tir^ay on the zdofMiy, 160 1, and continued their Voyage to
India, without any remarkable Accident ; and the Admiral (Captain James Lan-
cajierj there made a Treaty with the King of Acben, fent a Pinnace to the Mo-
luccas, and fettled a Fadory in the Ifland of Java, after which he returned here
in Safety, and brought good Profit with him.
The Death of Qjieen Elizabeth foon after made Way for King James % Acccflion
to the Throne, in whom this Company found a powerful Proteftor, not only by his
countenancing their Procecdinw, but by affording them all the Aflifiancc they could
defire, which, together with thcAdvantages refulting from the firft Voyage, ani-
mated them to fre(h Engagements j and they fitted out a fecond Squadron of four
Ships, under the Command of Sir Henry Middleton, which proceeded in 1604 for
the Moluccas and Java, where they were well received by all the Indian Princes,
though their Treatment from the Dutch was very indifferent, who, had they
retained any Gratitude, it muft have made them rather carel's than ill ufc their
; quondam
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631 0/ the General Trade ^j/ /k WORLD.
aHomhm Prefervcrs j but jealous ot a Rival in tiii« bcncfitial Trade, they loftaU
Utriicinbrance of their Onligationn, and oppfobriouOy traduced the Englijh to the
Native*, by mifreprefenting thi m, as a crncl, uiijuft, and ambitious People, whoii:
Intenlionii were not to trade fairly with thcin, but to (cize tlicir Country, and
forcibly take from them what they liked ; however, this inlidioui behaviour had
not all the Effcft our BataiunH Nc^^^hbour• intended, ax the King of 'Ttrnatf ex-
prcrt a Regard for our Countrymen m hit Letter to KinK yamri, notwithUanding
the Dutib (as he therein informs his Britijh Majc(ly) nad ufed their utmoll tn-
dcavours to alienate his Eftccm, a:ul dclkroy tlie good Opinion which both he and
his Subjects had entertained for the Englijh, ever fincc Sir b'romis Drake hud
vifited their Ifland.
In 1607 the Company undertook a third V'«)yagc with three Ships only, which
they fucccUfuUy performed, cfpccially in the Mo/uuat j and though tiic J)un/j re-
peated their ill Ufage, yet they could not hinder thclc Ships from prtHuring .1
vahiable Cargo ofSnicc, which they brought lately to the houns, Mtiy 10, 161c.
with this remarkable Inllan'-" of Providence, that in this whole Voyage, out and
home, they had not loft a fingle Man. In this 8(]uadron Captain H'llluim llawkim
embarked, to whom was given the Title of the King s AmbiUl-uior to the (,><•«•/
Mogul, by whom he was very kindly received, and had the good Fortune, by l is
prudent Addrcfs and Management, to fettle a friendly Correlpondcncc between
the two Courts.
His Majefty King James, in the Month of May, 1609, was pleafcd to enlarge
the Company's Charter in the Manner they had reiiucftcd j and not only lb, hut
he made it perpetual, which gave them fuch fnlh Spirits, that tliey built a Ship
of one thouland two hundred Tons Burthen ; which I mention, as this was the
firft marine ConArudtion of any large Dimenlions in Eiig/ti»Ji it having been cui-
tomary till then, to build or purchali; all great Ships from the Hanjf 1 owns j and
being fo extraordinary a Thing, the King, Prince of Ifu/a, and moft of the chief
Nobility, went down to Diptjord, to dine aboard her, and were entertained all m
China.
I might here enter into a Detail of the Company's Progrcflion in their Trade,
Settlements, and Contcfts with the Dutch and Porturueji, till I brought my Rea-
der to that unparalelled Scene of Barbarity perpetrated bjr the former at Amboyna ;
but my propofed Limits in this Work fhortcns apace, lo that I muft pafsovcr the
Company's Affairs during the Remainder of Kmg 'James and King Charles the
firfl's Reign, as the Troubles of thofc Times produced but very little of confe-
quence in them \ and though under theUfurpcr their Trade was on the Recovery,
as eight hundred thoufand Pounds were fufcribed towards carrying k on, yet be-
fore any great Progrcfs could be made in a Dil'pofition to employ this Fund, the
Government underwent a happy Change, and the Conftitution was roftored, with
King Charles II. to his Kingdoms.
It was one of the earlieft of his M^cfty's Adit, to revive and fettle the Trade of
the Eaft-India Company, which he cffcftcd by granting them a new Charter, dated
the 3d oi April, 1661, confirming thereby not only their former I'rivilcgcs, but
making confiderablc Additions to tnem j he enlarged the Quantity of iiullion they
before had Liberty to export each Voyage to 50,000/. though with the fornicr
Provifo, that their Trade (nould introduce an Equivalent, in th.it or foreign Sptcic;
their cxclutive Trade was confirmed, and he gave them a Power to liccnfi; others'
to tratlick in the Indies ; but this Charter flill retained the Condition of 'the firft,
that it fhould be vacated upon three Years Notice, if it was found to be detri-
mental to the Nation.
I lis Majefty, in his Marriage Treaty with the Infanta of Portugal, had it ftipu-
lated, that the Ifland of BotMoy Ihould be cede4 him as a Part of har Portion, and
after his having built a Fort there, he made it over to the Company in Pec-Tail/
who have remained Mafters of it ever fiiKe ; befides which Favour, he granted
them two new Charters in the 28th and 35th Years of his Reign: But they hav-
ing been put to great Expenccs, by the Intrigues and Violence of the Dutch in
the latter Part of it, and tnis cunning People having found M(;an8 to fofiten that
Prince's Rcfentmcnts, the Company's Trade languiflied till K'\t\gjamts ll.'s Ac-
ceflion ts the Throne, who proved a powerful Pirote<Jtor, and granted them greater
* Privilege:
G R E A T . B R I T A I N, ,^5*^. 633
Privileges than they knew how riglitly or mlvantageoully to ulc, otherwife they
Plight li.ive intrcuicd their Coninicrec, us they were now placed on li) gooil a
looting hoth at home .mil ahroad j but thih profperous Condition wa« rcfcrvcd
a!> a Reward for a more prudent Set oi' People afterwards.
King fi'iUiiiiii anil (^en Mary granted a new Charter to the Company, dated
the 7th of O.'/oAr, 169 j, wlicrein their former Charter* were confirmed i and
anotncr of Uegulations was granted hy their Majcllies on the i ith nt' Novc/nitr
fullowing I hy which new d'rants they were enabled to take in a fredi Subicriptioii
for fcvcn hundred and forty-four thoufand I'ounds, and ticil down to make pu-
Mick Sales by Inch of Candle j toexnort yearlv of the M mufadurcsof thi.s King-
dom, to the Value of one luiiulied thoufand I'oundii j and annually to furnirti the
Crown with five hundred Totis of the bell Salt-Petre at the Rate of thirty-eight
Pounds ten shillings /i<7- I'on in Timecf Peace, and at forty-five I'ounds fur Ton
in Ti'nc ot War : fmy were alfu liircdcd to make no Dividend on tiieir vStock but
in Money oidy. This Charter was to continue in Force for twenty-one Years, pro-
vided the (Governor and Company complied cxadUy with the Rules therein pre-
fcribed, and likewifc with fm h «ither Oidcrii, Diredlions, Additions, t Qualifications,
and Rcftritltions, as their Majeflies, hy and witli the Advice of their Privy Coun-
cil, (hould tliink fit to appoint, on or before the 2()t\\u( Scptimitr, 1694, other-
wife all their Power and I'rivileges might be determined and taken away by Let-
ters of Revocation.
And ill Purfuance of this Provifi, another Charter of Regulations was granted to
the faid Company under the Circat Seal of England, on the 28th of Siftemler, 1 694*
in the 6th Year of their Majcllies Reign j prefcribing, among other Things, that in
the Month of Augujl, yearly, the Governor and Company Hiould prelcnt to the
Privy-Council, a true Account fairly written, under the Ciovernor or Deputy-Go-
vernor's Hand, of the Nature, Quantity, Value, and prime Coft of the Manu-
fafturcs ot this Country by them exported, and from what Place j and this upon
the Oaths of the proper Oflicers ami Servants of the Company. And it was far-
ther ordered, tliat none of thefe Goods Ihould be again landed in Eng/iinii,'or car-
ried clfewherc, than within the Limits of the Company's Charter. It was like-
wile dircded, that on the Application in Writing, of any fix or more of the Pro-
prietors, pofTcinng each one thoufand Pounds Capital Stock, demanding a general
Court of tlic faid Company to be called, the Governor or Deputy-Governor
fliould be obliged within eight Days to call fuch Court j and that it (hould not be
adjourned, but by the Confent of tlic Maiority of the Proprietors then afllinbled :
And the Company were required to ligmly their Acceptance of, and Submiflion
to thefe and other Rcftridions, under Penalty of its being diflblved.
But though thcfc Charters and Regulations feemed fully to confirm, at the fame
Time that tiicy enlarged the Company's Privilege and Power, yet they proved but
a Prelude to the Dillolution of both ; as their Rights were contelled by a Set of
Interlopers, under a Pretence that the Crown could not grant an exclufivc Charter.
And the Government's Wants inclining the Miniftry to liilen to the Offers of a
Loan 1 rom other I lands, though on Terms they ought to have r^jedled, hnftened
the Deltrudtion of an Affociation feemingly fo firmly edablidied, to the Ruin of
ir.iny thoufands, who had embarked in it, under the Sanflion of the Crown :
l\)Y this new Set of People, who were willing to advance their Money, though
intimidated from doing it without a better Surety than what had hitnerto been
elLemed, I mean the King's Prerogative, at laft agreed with the Miniftry to lend 9 ami 10 //'.
them two Millions under a parliamentary Security (at an Intt reft of 8 per Cent.J g"' ^''''„;^'"
and an Ad to incorporate them, which pafled in 1698 -, fo that hereby two Com- i>/
panics trading to r' Eafl-Indics were euablilhed, and fubfiited at the fame Time.
This Adl was nt. obtained, however, without a ftrong Oppofition from the old
Company, who follovi'ed the Bill into the Houfe of Lords ; but had the Mortifica-
tion to fee it pafs, under the Suppofition of its being for the Publick's Advantage.
And this Occurrence reduced them to the Neceflity of endeavouring an Accom-
modation with their new Rivals, which being for the common Benefit of both,
was fettled under feveral Ai tides j and amongft them, that a joint Trade fliould
be, forfcven Years, carried on, though with different Stocks and feparate Servants,
who fomctimes aftcd jointly, and at others governed alternatively, under the Di-
rcdion of their own Mafters. But this double-headed Government being fo'utd
7 Y ii:icon>e-
6u
6 Aftfi,
17. S, i
S. z.
S. •!.
S. 4.
S.5.
S. 6.
S. 7.
^ r,,a. I.
C. 21.
S. I.
Of the General Trade o//^^ WORLD.
inconvenient, and the feven Years fpun out, it was mutually agreed by the two
Companies, to form themfelves into one, which they accordingly did in 1705,
though they could not bring their Faftors at all Places into the fame Union till
three or four Years after, nor carry on their Bufinefs with the Advantages they had
Reafon to hope, unafliftcd by the Miniftry, whofe Attention was now folely en-
grofl'ed by the foreign Wars we were then engaged in, and the Company left to
take care of irfelf, by finding out fome Means to obtain fuch favourable Regula-
tions, as might efFeiSually remedy the Inconveniencies that had rcfulted from the
uniting two Companies, before lo differing in their Interefls. And in order to
obtain fuch a Law as was requifite for this Purpofe, they tempted the Govern-
C'M*' mcnt by a tendered Loan of a Million and two hundred thoufand Pounds, extra of
what was before lent, to grant them fuch Parliamentary Affiflance towards carry-
ing on their Trade, as they required, and which incorporated them under the
Title of The united Company oj Merchants ij/" England, trading to the Eaft-Indies.
It likewife enadted, that this Company (hall pay into the Exchequer .,200,000/.
That they may borrow by their common Seal on their united Plock, fo as the
f)rincipal Money owing do not exceed 1,500,000/. above wb.it might lawfully
lave been borrowed before this Adt.
In Cafe the general Court of the faid Engl'P} Company fliall think fit, they may
call in Monies from their Adventurers, towaids raifing the faid 1,200,00c/. or the
repaying the Money borrowed to that Purpofe j and in cafe any Member fliall ne-
glcdt to pay his Share of the Mon.es called in, or which the faid Companies, in
Purfuance of 9 JV.Wl. Cap. 44. ^r their Charters, fliall call in for carrying on
their Trade (by Notice fixed on the Royal Exchange, London) the Companies
may ftop the Dividends payable to fuch Member, and apply the fame towards
fuch Payment, and alfo flop the Transfers of the Shares of fuch Defaulter, and
charge him with Intereft at 6 per Cent, for the Monies negledted to be paid ; and
if the Principal and Intercfl be not paid in three Months, the Company may fell
fo much of tne Stock of the Defaulter as will pay the lame.
The faid 1,200,000/. fhall be deemed an Addition to the Stock of the EngliJJj
Company and be Tax free.
The united Stock of the faid Englijh Company fliall be fiibjedt to the Debts
contradted by the faid Company.
The Provifo in 9 ff^. III. Cap. 44. and in the Charters of the faid Company
for Rcdudlicn upon three Years Notice, upon Repayment of the 2,000,000 /. paid
in, and the Arrears of the Payments at 8 per Cent, is repealed.
Perfons intitled to 7200/. Part of the 2,000,00:, who have not united their Stock
to the Corporation's, and who cany on a Trade for their feparate Ufe, may hold
their Proportion of the Annuity, as if this Aft had not been made. But the
EngliJI: Company may affix Notice on the Royal Exchange, of their Intention to
repay 7200/. at the End of three Years; and in cafe the Company pay the fame,
and the Annuities at 8 per Cent, for the fame, than the faid Stock of 7200/. and
Trade, fhall be vefted in the Company.
Bcfides the above Particulars, many others were enadted, concerning their Stock
and Payment of Cufloms, Gff . by the Adls already mentioned, and feveral fucceed-
ing ones j and as it was found in the Beginning of King George the firfl's Reign,
that feveral Attempts had been made to difcovcr the Secrets of the Company's
Trade, for the Information and Advantage of Foreigners, a Law was obtained to
prevent and remedy this mifchievous Intent, and alfo to deflroy the interloping
Trade, by inflidling the fubfequent Punifhmcnts on the Infringers or Violaters of it.
If any -^f his Majefly's Subjedts fhall repair to, or be in, the Eajl-Indies, or fuch
Places t ^.jia, Africa, and America, beyond the Cape oi Bona EJperanza, to the
Streights of Magellan, where any Trade of Merchandife may be had, contrary to
the Laws in being, every Perfon fo offending, fhall be liable to fuoh Punifhment as
by any Law in being may be inflidled for fuch Offence.
It fJiall be lawful for the united Company of Merchants of England trading to
the Eajl-Lndies, and their SuccefTors, to arrcfl fuch Perfons within the Limits afore-
faid, and fend them to England to anfwer for their faid Offence.
Every Perfon who fhall follicite for, obtain, or adt under any Commillion from
any foreign State, to fail, or trade to the Eaji-Indies, &c. fliall forfeit 500/.
If
ORLD.
agreed by the two
iingly did in 1705,
the lame Union till
Advantages they had
was now Iblely en-
\\G Company left to
favourable Regula-
id rcfulted from the
And in order to
mpted the Govern-
md Pounds, extra of
ance towards carry-
cd them under the
r to the Eaft-Indies.
^equer ■.,200,000/.
:cd Slock, fo as the
b.it might lawfully
think fit, they may
1, 200,00c/. or the
y Member fliall ne-
i'aid Companies, in
1 in for carrying on
n) the Companies
the fame towards
iich Defaulter, and
:ed to be paid ; and
; Company may fell
tock of the Englifi
bjeft to the Debts
the faid Company
le 2,000,000/. paid
1.
3t united their Stock
irate Ufe, may hold
n made. But the
>f their Intention to
ipany pay the fame,
tock of 7200/. and
ccrning their Stock
ind feveral fucceed-
\e the firft's Reign,
of the Company's
iw was obtained to
■oy the interloping
rsor Violatersofit.
^ajl-lndies, or fuch
Efperanza, to the
ie had, contrary to
iioh Punilhment as
England trading to
n the Limits afore-
Commilfion from
1 forfeit 500/.
If
GREAT-BRITAIN,
635
If any of his Majefty's Stibjefts (hall repair or trade to the Eajl-Indies, or Places? g.». i.
beyond the Cape oi Good-Hope, mentioned in former Adts, contrary to any Law ia*^" *' ■ *" '
being, it ftiall be lawful for the Attorney General, or for the United Company
trading to the Eaft-Indies, within fix Years, to file in any of the Courts at Weft-
wiiifter. Informations againll fuch Ofi"enders. And if found guilty, the Court
fliall give Judgment againft him, by Fine and Imprifoament, as it (hall think fit,
and award the Profecutor Cofts j but if the Defendant is acquitted, the Company
fliall pay him Cofts.
All Contradts made by any of his Majefty's Subjedls, or inTruft for them, on 3 2,
the Loan of Monies by way of Bottomry, on any Ship in the Service of Foreigners,
and bound to the Eajl-Indies, &c. and all Contradts for fupplying any fuch Ship
with Goods or Provifions, and all Copartner(hips relating to any fuch Voyage,
and Agreements for the Wages of Per(bns feyving on board any fuch Ships, (liall
be void.
Every Subjeftof his Majefty who (hall goto the Eaft-Indies, &c. contrary to thcs, 3.
Laws in being (hall be deemed to have traded there; and all the Goods there pur-
chafed by any fuch Offender, or found in his Ciiftody, or ip theCuftody of^any
other in Truft for him by his Order, (hall be forfeited, and double the Value.
All Goods (hipped on board any Ship bound for the Eaft-Indies, Sfc. (except g .
Goods of the Company, or fuch as are licenfed by them, and the Stores for fuch
Ship) and all Goods taken out of fuch Ship in her Voyage homeward before her
Arrival, fliall be forfeited, and double the Value j and the Mafter, or other Officer,
knowingly permitting fuch Goods to be (hipped, or taken out of fuch Ship, (hall
forfeit for every Offence 1000/. and (hall not be intitled to any Wages ; nor fliall
the Company be obliged to pay any Wages to fuch Mafter, &c, but (hall have an
Allowance in refpeft thereof, out of the Monies payable on Account of the Ship.
It (hall be lawful for the Attorney General, at the Relation of the Company, or s. j.
by his own Authority, to exhibit Bills of Complaint in the Exchequer againft any
Perfons trading to or from the Eaft-Indies, (^c. contrary to Law, for Difcovery of
fuch their Trading, &c. and for Recovery of the Duties and Damages herein men-
tioned; waving in fuch Bill all Penalties for the Matters in fuch Bill contained;
and fuch Perfons (hall pay to his Majefty the Cuftoms of the Goods arifing by the
faid unlawful Trade, and (hall anfwer to the Company 30/. per Cent, according tp
the Value thereof in England; and if fuch Offenders pay the Cuftoms into his
Majefty's Exchequer, and Damages to the Company, they fliall not be profe-
cuted on any other Law for the fame Offence : And if fuch Bills (if exhibited at
the Relation of the Company) be difmifled, the Company (hall pay full Cofts j and
if a Decree be obtained againft the Defendants, they (hall pay Cofts to his
Majefty and the Relator, &c.
if any Subjed of his Majefty (hall contribute to, or encourage the eftabli(hing ^ (
or carrying on any foreign Company trading to the Eaft-Indies, and other Places 26
beyond the Cape of Good Hope defcribcd in former Adls, or (hall be interefted in
the Stock or Adtions of fuch foreign Company, every Perfon fo offending fliall
forfeit his Share in the Stock of any fuch Company, together with treble the Value
thereof, &c.
If any Subjedl of his Majefty fliall have accepted of any Truft, or (hall know of s, 4,
anv ?"'i.r('ft which any of his Majefty's Subjedis (haU have in any fuch foreign
Company, and (hall not within fix Months difcovcr the fame in Writing to the
united Con-puny, or their Court of Diredlors, he fhall forfeit treble the Value of
the InterefV, 0?f .
Every i'erfon, who v^i :hin the Time above limited (hall voluntarily come to the g
Coui c ot' Diredlors, an .ike a Difcovery in Writing, of the Jntereft of ar.y of his
Majefty's Subjedls in the Stock of fuch foreign Company, (hall have one hslf of the
clear Amount of the Forfeitures arifing by this Adt out of the Eftate of the Perfon*
fo interefted, &c.
If any of his Majefty's Subjedls (other than fuch as are lawfully authorized) (hall <; ^
go to, or be found in the Eaft-Indies, the Perfons fo offending are declared to be
guilty of It liigh Crime and Mifdemeanour, and may be profecuted in any Court of
IVcftminftr ; and being convidled, (hall be liable to fuch corporal Punifhraent, Im-
piilbimlcnt, or Fine, as the Court fliall think fit, Gfc.
Perfons
■■*■ ' ■'•. X
m
i W-:
()Ce(!.\. c.
' S. I.
636 Of the General Trade of the WORLD.
vm
(J CfK. I. c.
ib. S. 7.
•.(T.s. II.
14. S. 4.
S !■
S. 6.
8 ".
S. 8.
•J. 9-
b.
'?•
S.
M-
S.
')-
S.
16.
3^
Vj.
II. c
2U
s.
12.
<7
Ilea. 11.
r-
:M
Perfons fo offending may be fcizcd and brouglit to England, and any Jufticeof
Peace may commit tlicm to the next County Gaol, till Security be given by natural
born Subjedls, to appear iiuhe Court where fuch Profccutions flialfbe commenced,
and not to depart out of Court, or out of the Kingdou., without Leave of tlie i'uij
Court.
Tlic following A(5ts principally regard the Company's Stock, with which I Hiall
finidi the Subjcdl of their Eftablifliments and Polity, and then proceed to fay fome-
thinp; of their Trade.
The Annuity of 160000/. fliall be reduced to 12800c/. in refpedt of the Capital
Stock of 320C000/ which reduced Annuity fhall be charged on the fame Re-
venues as their prefeiit Annuity, &c.
On one Year's Notice to be given by Parliament after the 2 cth ofMtirc/j, 1 736,
and on Repayment of the Capital Stock of :j 200000, and of all Arrears of their re-
duced Annuity, their fiid Annuity ifliall ceafe.
Upon one Year's Notice, after the 2jt\i of Marc fj 1736, to be given by Parlia-
ment on Repayment to the Company of any Sum not lels tlian 500000/. in Part of
tlie Cnpit.il Stock, and on Payment of all Arrears, due on their reduced Annuity;
fo mu'- h t>f the f.ild Annuity, as Hull bear Proportion to the Monies paid in Part,
(li.dl ccafe.
Notwitliftanding fuch Redemption, the united Company (lull continue a Eojy
Corporate by the Namcof T/it' n/u'!i'<i Co);t/Hi'ij of'ATi-'x/.hi/t/s J'E-'-iA-.md //-.iJiiig i^
lie Eaft-Indics, and enjoy all Pri\ ilegcs which by former Adts or Charters founded
thereon, the Company might enjoy.
After Redemption of the faid yearly Fund, or one Moiety thereof, the Company
may, by Gy-Laws to be made in their general Courts, declare what Gh.irc in the
remaining Stock, &c. fliall qualify Members to be Diredors, or to give \'otes in
any general Court.
Notwithflaiu'.ing fuch Redemption, the Company fliall, fubjed to the Pr-jvifo
of Determination herein contained, enjoy the fole Trade to the Eujl Indies, and ail
Places betw ecu the Cape of GcoJ-IIopc and the Stixiglits of Mugclltvi ; and if an"
Subjefls, other than the Fadlors, t^c. of the Company, fliall fail, or adventure t.-
the EaJ} -Indies, Cr. every fuch Offender fliall incur the Lofs of all Ships employe,,
in fuch Trade, Gfc. with tiic Cum and Furniture, and the Goods laden thereon,
and double the Value thereof, &c.
The fiid Company fliall have all Powers, by any Adts cr Charters granted to the
Company, not altered by this h^, ilifchargcd from all Provifoes of Redemption
thereing contained, for fecuring to them the fole Trade to the Edjl-Indics, and for
fecuring their Effeds, and governing their Affiirs.
Provid'jd that upon three Year.s Notice to be given by Parliament, after the 2 ctli
of Mireh, 1766, and Repayment of the Capital Stock of 3200000/. and .all
Arrears of Annuity payable in refpeft thereof, the Right of the Company to the
fole Trade to the Eajl- Indies, &e. fliall ceafe.
Nothing in the above Provifo, or in the Charter of the 5th Sept. 10. /iT///. IH.
fliall extend to determine the Corporation of the united Company, or to exclude
thciii from carrying on a free Trade to the EaJ-Indirs, &c. with their Joint Stock,
Cf. in common with other Subjedsof his Majefly.
Any Notice in Writing, fignified by the Speaker of the I loufe of Commons, fliall
be deemed proper Notice by Parliament to the Companv-
The united C'ompany are reftrained from purchafmg' Hereditaments in Great-
Brifitin, exceeding in the whole the yearly Value of loooo/.
Nothing in this Ad fliall prejudice fuch Trade or Navigation within the faid
Limits, as the South Sea Company arc entitled unto.
Nothing herein fli.ill fubjedl: the Governor and Company of the Merchants of
Eng/iiiid, trading to the Levant Seas, to any Penalties in refped of their trading
into thofe Seas.
The reduced Annuity of 128000/. fliall be tr.insferred from the Duties now
cliarged. and be charged upon the aggregate Fund, to be paid to the ui itcd Com-
pany, Cj'c.
Whereas the faid imited Company of Merchants trading to the Ejjl-Indies, are
g to advance towards tlie Supply granted for the Service of the Year 1 744, a
Million
wi
Hin
•4
of Commons, fiiAl
GREAT-BRITAIN,
c.
^37
Million Sterling, for the Purchafe of an Annuity of 30,000/. well fecuredtothe
faid Company, and repayable on the faidTcrms with the Company's prefent Capital,
with an Addition of fourteen Years to their prefent Term, which will, with fuch
Addition, extend to Lady-Day 1780, bcfides the three Years allowed them after
the Expiration of their prefent Term, for bringing home and difpofing of their
Effcdts, and other Purpofes j with Power to the Company to iffiie out Bonds from
time to time, for any Part, or the whole Amount of the fud Million Sterling, and
on fuch other Conditions, Cr'c. as are herein after made ; // is therefore enaSied,
that the faid united Company of Merchants of England, trading to the Eajl-Indlcs,
in purfuance of their before recited Agreement, fhall advance into the Exchequer,
for his Majefty's Ufe, the full Sum of one Million, on or before the 29th of 5f^-
teinber, 1744, ^c.
And to encourage the Company to advance the faid Million, ^c. it is hereby ,7 g«. n.
ena(itcd, that theProvifocs contained in the 3d oi Geo. II. and all other Provifoes H l^'i-
contained in any other Afts for determining the Annuity of the Company, and
their Right to theexclufive Trade to the Eaji-Indies, and Parts aforefaid, upon the
relpedtive Notices and Payments in the fame Ads mentioned, are hereby repealed
and made void ; and the laid Company rtiall for ever enjoy, not only their prefent
entire Annuity of 1 28,000/. out of tiic Revenue charged therewith, but alio after
the faid 29th oi September, 1744, they fliail enjoy a farther Annuity of 30,000/.
computed after the Rate of 3 per Cent, per Ann. &c.
Tlie EtiJi-InJia Company under their common Seal may borrow Money equi- ?• ^(><'• i^]
valent to the Million raifed for his Majefty's Uk, over and above the Money which
might lawfully be borrowed thereon before maicing of this Adt,
At any Time, on a Year's Notice to be given by Parliament, after the 25th of ?■ 3^8-
March, 1 745, on the Expiration of the faid Year, and on Repayment of the
g, 200, 000/. formerly advanced, and of the 1,000,000/. now to be advanced,
without any Uedudtion, and on the Payment of all Arrears of the faid Annuities
of 128,000/. and 30,000/. then the faid Annuities ftiall ceafe.
On a Year's Notice at any Time after the faid 25th of March 1 745, to be given
by Parliament on the Expiration of the faid Year, and on Repayment of any Sum
not lefs Jian 500,000/. in Part of the faid Debt of 4,200,000/. and on Payment of
all Arrears, &c. then fo much of the faid Annuities as (hall bear Proportion to the p 369.
feveral Sums paid in Part, fliall from time to time, as fuch Payments arc made, fink
and be abated, till their whole Annuities fhall be entirely funk and determined.
Notwithftanding fuch Redemption of the Annuities of 128,000/. and 30,600/.
the faid Company (hall (fubjed to the Provil'o of Determination herein alter con-
tained) enjoy an exclufive Traflick to and from the Eaji-Indits, and all Places
between the Cape of Good-Hope and Streights of Magellan, and Limits pre-
fcribed in the Adt of 9 tf^ilL III. (Sc. in as ample a Manner as the (aid Com-
pany could thereby or otherwifc lawfully trade thereto ; and the faid Ea/i-Indies,
or Places within the Limits aforefaid, fliall not be rcfortcd to by any other Sub-
jeds, before the exclufive Trade of the India Company is determined ; and if,,. ,j,(j.
any other his Majefty's Subjedts (hall prefume to trade thither during the Con-
tinuance of the exclufive Trade of the India Company, they fliall forfeit their
Ships, with their Guns and Furniture belonging, with all their Lading and double
the Value, (Sc.
The faid /Ww Company ftiall hereafter for ever (fubjcdt as aforefaid) enjoy all
the Profits and Powers as by any former Adts of Parliament or Charters founded
thereon areenadted and eftabliflied concerning them, under any particular Deno- p. 3,,.
mination, and not altered by this Ad ; and the fame are hereby confirmed, and
fhall continue to be enjoyed and pradti(bd by the faid Company, for tlie better
fecuring to them the Ible and exclufive Trade to the Eajl-Indies, iSc. and for
preventing all other his Majefty's Subjedts trading thither, and for fecuring
their Eftedls and governing their Affairs in all Refpedls, as effedtually as if the
fame Things were (everally repeated in the Body of this Adti fubjcdl; nevcrthelefs
to fuch Refttidlions and Covenants as arc contained in the faid Adts and Letters
Patent now in Force, and not hereby altered; and to tlie Provilb following, viz.
Provided, that on three Years Notice to be given by Parliament, after March „. j«.
25, 1780, and Repayment of the Capital Stock of 4,200,000/. and all Arrears of
7 Z Annuity
. J--
ff
... 'a
mm "i
■■ V:':' ■■
W^M-
¥.:
638 0/ the General Trade o///j^ WORLD.
Annuity in Rcfpcft thereof, the Company's Right to the fole and exclufive Trade
to the Fafi-Indus and Parts aforefaid, fhall ceufc and determine, cifr.
Thclntereft was afterwards reduced to 3I and 3 per Cent, by 23 Geo. II. when
the Annuities payable to the Bank, South-Sea Company, &c. were put on the fame
Footing. And the preceding Adts in the Company's F'avour, have had fo good an
Influence on their Affairs, as to raile them from a very drooping to a flourishing
Condition, and place them on a Level with, if not raifed them to a Frolperity above,
tJbat of out envious Neighbours.
The Company's Settlements and Places they trade to in Perfia and InJia are
many, as Gombroon, where a Fadtory was eibbliHied about the Year 161 3, which
continued to govern the whole Trade (in refpeifl of the Company) in Perjia, till
the Diforders in that Country obliged the FaBors to decamp, to the no fniall
Detriment of the Company's Trade, who carried on a very great one to this
Port.
Mocha, fituated at the Entrance of the Red Sea, is a Place where the En^lijh are
well received, and carry on a very confiderable Commerce in Coffee, Gfc. as they
do in all the adjacent Parts of Arabia, though with the Rifk of being fomctimes
oppreffed by the unjuft Proceedings of the reigning Princes, and expofed to the
Piratical Depredations of thofe Parts.
Our Fadtories, Forts, and Settlements, on the Indian Coaft, are at Baroach,
Swa/fy, Sural, Bombay, Dabul, Carwar, Telkchcry, jlnjengo, and Conymere, all
along the Coaft of Malabar ; and turning up to thofe of Coromandel, we meet
with Fort St. George, the principal of our Indian Poffcffions.
The £n§;/^ formerly had a Settlement at Matchulipatam, Narjipore, and ic- eral
other Places to \h& Northward on this Coaft, but were obliged to quit them by
the Interruption they received to their Trade from the Rajahs Impofitions.—
Round Carrango Point, in the Bay of that Name, lies ylngerang, where fo.;^° Eng-
lijh from Vizagapatam fettled in the Year 1708, but the Fadtory foon wuhdrew,
and thereby defeated the projedted Scheme of extending their Trade that * ^.y,
Vizagapatam however continues fortif a d, ajid the Engltji fheir .Refiilcncc r lerr; j
thefe Places lie in the Kingdom of Goiconda, and the next to it is that of ' i f .,;,
in which is the Town of Ballafore, where the Engiifi, Frerab, and P:ut..-),
have their refpedlive Fadtories, though of very fmall Imporiaiice ; P.ifi/.:y, about
five Lca^. s from it, had once a Settlement, but was deferted ' >»- ^'le more
commodious Situations of Hughly and Calacutta ; fcverai tradir g " vns arc
difperfed on this Coaf^, but the Company's chief Factory hcia i th,.. t Fort
William.
The next Place on the Continent to ihtSouihward hMe'he, iituAtcd on the River
Tanacerin, and fubjedt to the Ki-?; of Siam, where fonie Engiifi were .'armerly
fettled as private Merchants, foi ; .' i.l Reafon the old Company infiiting on their
being turned away, and ibme Mifuru'.j'^.iijd.'.^s arifing between their Meffenger
and the Natives on this Occafion, /evf.)£)"i)S o5 • ir Countrynien were nviTacredj
though the Affairs of the C • 'vpany l.'i.MMg (Lic^ iieir Union been more prui'jntly
managed, and all Things carried on wiia il,c grcatefl Regularity j a pnjpcr Provi
fion is made for the Trade of the whole Gulph from the Ganges's Moutli to the
Extremity of the Peninfula of MaJaca, without any extraordinary Expcncc r*'
new Colonics.
Our Fadtories of M?r/6o, Bantal, Cattoun, Bencoolen, Marlborough Fort, and 5/7-
kbar, on the Ifland of Sumatra, arc fo well eftabliHied as to afford room to funpof j
we enjoy the beft Share in the Traffick of it j and we had formerly fomc Settle-
ments on the Coafls of Cochin-Cbina, and in the Kingdom of Tencjuin, though they
have been fince withdrawn ; but an occafioijal Trade is ftill earned 011 there, more
cfpccially to the Kingdom laft mentioned.
Our Trade to China was once principally carried on at Amoy, but for many Years
paft Canton has had the Preference, and fecms to have determined the Gentlemen
at Madrafs entirely in its Favour as the Impofitions of the Mandareem at the for-
mer Hi.':ame intolerable, and forced them to relblve on turning their Commerce into
this different Channel.
I might greatly enlarge on this Trade, and fwcll the few Sheets I have dedicated
t) >!: into a Volumej but x am forced to remember my prelcrihed Limits ; fo fhall
2 only
lets I have dedicated
G R E A T - B R I T A I N, ^c.
only add an Account of the Particular .nade ufe of for the Support of this im-
portant and extenfive Comm'irce.
The Company's Exports from hence is chiefly Bullion, of which the Proportion
with the ether Particulars of an outv/ard-bound Cargo I believe is common'y from
I to I Parts ; the others confifting of Lead, Iron, Guns, Powder, Match, Cloths
of various Colours, Serges, and other Stuffs, Cochineal, Qiuckfilver, Vermillion,
rough Coral, Amber, l^c.
And the Returns are. Pepper, Coffee, Tea, Incenfe, Saltpetre, Terra Japonica,
three Sorts of Lack, Indigo, Myrrh, Beaoar, Opoponax, Vitriol, Camphir, China
Root, Sal Armoniac, diverfe Gums, and Aloes, Galbanum, Galangals, Sagapenum,
Rhubarb, Senna, Mirabolans> Indian Leaf, and many other Sorts of Drugs, Cow-
ries, Red- Wood, Sandal, Canes, Tutenack, raw and wrought Silk, CaUcoes (white
and painted) Muflins, Cotton Wool, and manufadlured into a great Variety of things
for Wear, China, Japanned Cabinets, (Sc. Arrack, Diamonds, Pearls, and many
Curiofities, unnecefTary to be enumerated here; fo I fhall clofe this Difcourfe on
our Indian Trade, with my fincerefl Wifhes for its Increment and Profperity, as
(notwithftanding the many fpecious Arguments that have been ufed to the contrary)
I inufl confider it a general Benefit to the Nation.
And in Purluance of my Plan, I now proceed to treat of our American Trade,
in which that granted to, and carried on by the South Sea Company, is firft to be
confidered; I Ihall therefore mention the Occafion of its Original, and Ihew the
Ufes they have from time to time made of their Charter.
>>-|-^HIS Company, eftablifhed at the latter End of the feventeenth Century, was
■*■ feemingly more with a political View of raifing Money for the Gover Ticnt's
Service than an Expectation of its carrying on any great Trade; as they had ne-
gleded every prefcnting Opportunity for attempting the Conqueft of fome Place in
tlie Southern Parts of America, which might have fecured the Means of extending
a Commerce in which every Profpeft of Advantage muft neccflarily center ; but
this Omiflion, and its Confequences, had rendered the Company's Stock fo low in
the Publick's Efteem, that it was at near 40 per Cent. Difcount, when an unex-
pected Accident raifed it to fuch an imaginary Value as feemed the EfFedt of an
Infatuation, only to be parallelled by the Mijfyippi Scheme that preceded it.
The French Guinea Company had contrafted with Philip V. King of Spain, on
his mounting the Throne of that Monarchy, for the Introdudtion of Slaves into his
American Dominions, and on this Agreement changed its former Name to that of
the AJfiento Company; and being fuppofed a very beneficial Contraft,. it was an A.r*
tide of the Treaty of Peace at Utrecht, that this Contradt (hould be tranflated to the
EngJiJh, and was accordingly figned at the Court of Spain in March 1713, to con-
tinue thirty Years, under various Articles, which I excufe giving, as they are no'??
vacated, and in all Probability will never be renewed. It was in confequence of thif
Contract that the Company eftablifhed Factories at Porto Bello, Panama, Cartha-
gena. Vera Cruz, Buenos Ayres, &c. which continued till the late War diflodged
the Factors, and deftroyed their Settlements.
The Company was obliged to furnifh the Spanijh Colonies with four th' id
eight hundred Negroes yearly, ihough they might introduce more if they t ^ht
proper, and had Liberty to fend an annual Ship of five hundred Tons, witb ods
to be difpofcd of there, in which, as well as in the Negro ContraCt, Iiis C i )!ick
Majefty was a fourth Part concerned ; but this Agreement found many Obi les to
its Performance, and occafioned diverfe Reprefentations to the Court of Spc uefore
it could be carried into Execution ; in Confequence of which, fcveral Af -s were
altered, and new ones added, previous to the Performing any Part of nd in-
deed during the Time it continued, Mifunderftandings and Difputes vs re conti-
nually arifmg, either about the Number of Negroes or Tonage of the Ship j and
when the late Rupture happened, it found many Particulars uniettled, and large
Sums due from the Crown of Spain to the Company, which on the Return of
Peace were lumpt at 100,000/.
Much more might and indeed (hould have been faid about this AfTociation j
but as their Trade is terminated, it would be fuperfluous to enlarge concerning it
^ ■'■:m
639
■jp
■': '.I
IB
640 Of the General Trade of the WORLD.
in fuch a Work as thisi I th.-rcfore proceed, whilft treating of America, to give
fomc Account
W:
' i. J ' *
Si^jrffi"^'frN
lv:.i:-:l
-J"
f.
Of the Hudfon's Bay Company.
THAT Part of the World, which gave Birth to this Company, owes its Difco-
very, as the Englifi fuppofc, to the Diligence of that able Mariner, wliofe
Name it bears, and who reaped no other Fruit of his Labours to difcovcr a North
Weft Paffage, than thus conveying to Pofterity a Record of his Capacity and Dili-
gence, in which at laft he pcriflied. The Danes infift on their prior K nowledge of
this Part oi America. But not to enter into a Detail of the Difputc, nor enlarge on
the hiflorical Accounts of it, I fliall content myfelf with informing my Reader,
that though the Expcdations of an advantageous Trade might reafonably have
encouraged its being fooner engaged in, yet it was the Year 1681 before any to-
Jerable Progrefs was made in it ; and on the 2d of May an exclufive Charter was
granted by King Charles IL (in the 3 2d Year of his Reign) to Prince Rupert and
his AfTociates, which eftablirtied this Branch of Trade on the folid Footing it has
continued ever fince ; though not without various Interruptions by the French,
who, jealous of fuch Neighbours to their Canada Settlements, have frequently drove
the Englijh from theirs j and this Conteft, which continued feveral Years, made
them alternatively Mafters of the Bay, till it was finally determined by the Treaty
oi Utrecht in our Countrymens Favour, who have now feveral Forts and Faftors
fettled there, notwithftanding the extreme Cold, which is fo intenfe as to confine
them for feven or eight Months in the Year to their Houfes ; though they have
good Provifions in this reclufe Life, with the Plcafures of Hunting and Filhing in
Reverfion, to which in Summer- Time the Elements of Earth, Air, and Water, con-
tribute in fuc h Plenty as would be hardly credited under a lefs Authority than
that of many Eye-Witnefles, who have afTured us ofitj though this Country
furniihes rothing for the Support of Trade but Furs of various Sorts, and Ifinglafs,
the lutter made Iknv by the Company's Servants from the Skins of Fiflics; but
the former arc fo rich, and both lb plenty, as j have raifcd the Value of this
Cci)ipany's Funds above thofe of any other.
The C nimodities tlicy truck with the Indians for their Furs, arc Arms, Powder,
Balls, Kettks, Hatchets, Knives, Sword-Blades, Auls, Firti-Hooks, Steels and
Flints, Hue Serge Cloaks, Shirts, Stockings, Tobacco, coarfe Thread for Nets, and
duto at diverge Colours for Sewing, Glafs Beau , .'ins, Needles, &c. which,as I before
obferved, pri-i-ure fuch Returns as have greatly enriched the Proprietors of them.
And having mentioned the Settlements of our trading Companies, I iLall in the
next Place treat oi owx yimeric:jn Colonies, of whicli we have the moft extenfive
and flounfliing ot any Potentate, the Spaniards only excepted j as belides our
Ifles, we poflets a Tra<Sl of C ou nry on the Northern Continent of more than Ic-
vcn hundred Leagues, viz. from Carolina to Hudjbns Bay, in which is included
the firlt and laft r.Drioned Piovincef., yirginia, Maryland, New-Tork, Penjtl-
vantu, thcjer/eys, und New England, of .JI winch 1 Ihall briefly /peak in Courk:
and firft
mm^
Of Carolina.
'T^HIS Part of the Globe has been poliefled alternatively by Spaniards and French,
■*■ and though one of the lineft Spots in the World, had by both been deferted for
near a hundred Years, when his Majcfty King Cbarle< U. granted it the 24th of
March 1663, to Edward EztI of C/aremlon (U>en Lord high Chancellor) George
Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord
AJhIey, Sirjieorge Carteret, Sir WiUiam Berkley, and Sir John Collinton, with
all Royal Filheries, Mines, Power of L.te and Limb, and every thing necelfary
to an abfolute Propriety, within the Limits of the Patent, and with the Ac-
knowledgpient of twenty Marks yearly . and this Grant wasfecondcd by another
about two years after, that made fcinie Altciation in the Boundaries, and includtd
both the Carollnas and the new Province oi Georgia. But this Eftabhfhment not
meeting with a Succefs anlwerablc to the Prc>Dr>c;ors Expe(;Utions, they, after
llrugijiiiig
)RLD.
f America, to give
y, owes its Difco-
; Mariner, whole
difcovcr a North
Capacity and Dili-
rior K nowledge of
ate, nor enlarge on
ming my Reader,
It rcafonably have
)8i before any to-
lufive Charter was
Prince Rupert and
alid Footing it has
ns by the French,
re frequently drove
:veral Years, made
ined by the Treaty
Forts and Faftors
tenfe as to confine
though they have
ting and Fillung in
ir.and Water, con-
lefs Authority than
ough this Country
Sorts, and Iflnglafs,
ins of FiflicSi but
the Value of this
are Arms, Powder,
■Hooks, Steels and
bread for Nets, and
r.which,as I before
jrietorsofthcro.
anies, I lliall in the
the moft cxtenfive
i ; as befides our
t of more than Ic-
which is included
^ew-Tork, Penjd-
Ipcak in Courl'c :
si:. ,
vards and French,
been deferred for
Jted it the 24th of
I hancellor) George
\ey, Anthony Lord
p» Collinton, with
ry thing nccclFary
nd with the Ac-
mndcd by another
Irics, and includcJ
iftablilhment not
[tions, they, after
llruggling
G R E A T - B R I T A I N, ^c. 641
ftruggling witli many Difficulties for tlic Space of near fixty Years, refigncd J. of
their Grant to the Crown, in Confidcnition of 17,500/. paii' them for it, and
the Surrender was confirmed by Ai\ of Parliament in 1728 ; the other. | being
therein referv:d to the Right Hon. John Lord Curterct, now Earl oi Granville.
This Country, us before mentioned, is very plcafant and fertile, as the Riches ac-
quired by the Inhabitants in a few Years plainly prove ; and the Trade of it is now
fo confidcrable, that from M//-i/6 1730, to the fame Time 1731, there failed
from Charles 'Town (moftly for EnglundJ 207 Ships, with 41957 Barrels of Rice
(about 500 lb. vvt, each ;) 10750 Barrels of Pitch j 2063 of Tar j and 759 of
Viirpcntinc ; of Dciri" Skins 300 Cartes, containing 8 or 900 each ; befides a vaft
Quantity of luJian Corn, Peas, Beans, &c. Beef, Pork, and other falted fle(h ;
Beams, Plank, :\nd other Timber lor Building, moft Part of Cedar, Cyprefs, Saf-
fafras, Oak, Walnut, and Pine. Since writing the above, the Carolina Trade
is "Tcatly incrcafcd by the Produce of Indigo in that Colony j from the Year 1755
to 1759 amounting to 200,000 lb. wt. per Annum, which at ^s. per lb. is
40,00 /. a vail Increafe .'ince the firft Attempts during the laft War.
Their Trade with the lndia>^! is very confiderable, by which they procure the
Skins abovcinentioned ; and in Exchange for them give Lead, Powder, coarfe
Cloth, Vcniiillion, Iron, ftrong Waters, and fome other Goods, reaping from this
Traffick a very gre<tt Profit, t'f Negroes it is fuppofed there are near 50,000 in
the Province ; thuu^'h Artificers are very fcarcc, and their Demands for Labour
very extravagant; wliich I believe principally proceeds from the Mifrcprefenta-
tions of the Country here at home ; otherwife it is to be imagined, a fine Clime
and "reat Wages would be fufficient Inducements to attradt a fufficient Number of
Mcchanicks to fupply every Want there could poflibly be of them.
Of Virginia.
THIS Country was at firft divided into North and South Virginia, and was ac-
tordingl- granted by King y<7>«« I. in 1606, to two diftinft Sets of Men,
the one to poilcl's all the Lands, Gff. between 34 and 41 Degrees of Latitude, to
be called the firft Colony, and the others to have all thofe lying ' i : ^csn 38 and
45 Degrees of Latitude, with the Denomination of the fecond C ;' ; and they
immediately fitted out Ships and fent many People there in the fame Ycir; and
though their Eftablifliments were rendered as eafy to them, as the Natuic of the
Thing would poflibly admit, and their advantageous Situation was very apparent,
yet they could not fubmit to the few Labours and Difficulties attending their firft
fettling, though with the Profpedt of foon obtaining from them a comfortable
and eafy Abode, capable of daily Improvements by an honeft Induftiy, but were
continually breaking out into Commotions and Difturbances, which proved
ruinous to the Colony, and their own Deftrudtion ; and they were fo contuma-
cious as to fly in the Face of Juftice; fo that few of their Governors could fup-
port their Authority, or bring them into any fettled Order or Difcipline ; which
was a good deal owing to the Nature of the Grants made in England by the Pa-
tentees, and no fmall Share of it charged on the Company's Male-Adminiftra-
tion ; in fo much, that on King Charles I. afcending the Throne, he diflblved
the Company in 1626, reducing the Country and Government under his own
immediate Dircdion, and granting Patents to particular Adventurers, with the
Rcferve of a Quit-Rent of two Shillings for every hundred Acres.
This Refolution of his Majefty's at firft fcemcd very agreeable to thofe already
fettled, and an ited many daily to encreafe their Number ; but old Difcontcnts
reviving, and the People proving reftlefs under the Governor'.; Oppreffions, gave
an Inftance of their Refentment, by fending the firft his Ma.efty had fet over
them Prifoner to England, for his Difagreement with his Coui cil, and Violences
on the Inhabit.mts. And the fubfequent Troubles of King CiMrles's Reign, and
Cromxoe/ts Aviminiftration, hindered the good Difpofitions from proving efFedtual
that had before been taken for the Colony's Profp( rity by their worthy Chief Sir
M^illiam Br>kLy. However, many continued SoUicitors for Patents of large
Trads, which has indeed proved very prejudicial to the Country, as it is by this
8 A McMtfi
•' il
:.\\
n^
1$
1 ' ' '
I--.
■'/»'■■
642 0/ i/jf GKNtRAf, TuADi: 0/ /EWORLD.
Means tliat vciy few 'Kowiis arc to thib Day built iu it, and ihofe lew fo I'lnull
as hardly to bt wortli namiiij^.
It lies from 36° to 39° of North Latitude, and between 74* and 80" of Weilcrn
Longitude, being about two hundreil and foity Miles in Lenj;th, and near one hun-
dred and twenty in Brcadtli ; divided into twenty-five (Ibnie lay twenty-nine )
Counties; of thefe, the firll is 'Jumis County, which contains five l\irinies, ;uij
the only two Towns in the I'rovince j and thefe, as I faid before, fo (inall, th.it
the principal, called '/amfi-Towu, does not contain above eighty Moufes ; and
IVilluimJhurgh, thougfi the .^eat of Judicc, not above half tliat Number: Thj
People, ifwc reckon Men, Women, ami Children, and join to thefe the Negroes,
may amount to about five hundrctl tliouland, which may reafonably be fuppolcd
to bring no fmall Advantage to tlu ir Mother Country ; as from hence they arc
all fiipplicd with moll of tlu- Neccll'arits of Life ; fuch as Linen, Silks, India Goods,
Wine, and other foreign M luifadlures j and of our home ones. Cloths, Serges,
Stuffs, Bays, Hats, and all i. its of Ilaberdafhcry Ware; Hoes, Bills, Axes,
Nails, Ad'/es, and other Iron Ti-uls j Clothes ready made. Knives, Bifcuit, Flour,
Stockings, Shoes, Caps for Servants, and indeed almoft every Thing that is made
in I'.>ig/,ui</, to the Amount of near i ,000,000/. Sterling, which is repaid moflly in
Tobacco, r>f whkh it is iiippofed, by the niceft Calculators, that near one hundred
thoufand Ilogflieads are (in Time, of Peace) imported here yearly, employing be-
tweL'n tiiree and four hundred lliips, navigated by upwards of four thouland
Sailers; and ofthcfo, about 60,000 Hoglhcads are re-exported for foreign Parts,
which if computed only at 5 /. / r HogOiead, makes 300,000 /. bcfides the Duties
rot drawn back, and the new 1 reight it occafions.
This Settlement, it is to be obfervcd, is only that Part of the original Grant,
called the firfl, or London Colony ; the other, termed the fccond, or Plymouth
Colony, ihall be Ipoke of when I rome to treat of Nc-.v-Engltind, of which they
were the original Planters ; in the mean Time I proceed, as it comes next in
Courle, to (peak
Of Maryland.
'T^H I S Colony remained a Part of Firginia (as fcvend others tlid till they were
■■• difmcmbered, which (lull be noted in their proper IMaces) till 1632, when
King Charles I. (in the cightli Year of his Reign) granted all the Country to the
North of Potoiiniiick River (not then planted) to Cecilius Calverf Lord Baltimore,
and his Ilcirsj which Tradt was thenceforward called Maryland, in honour of
the then Queen Confort ; and in Confcquence of this Grant, the Proprietor fent
over his Brother, with about two hundred Adventurers, to take PofTefTion of their
Limits, and to make a Settlement ; which they firft did in an Indian Town, cal-
led ! "terwards .S7. Mary'a, on the River Potowtnack, and near the Mouth of that
they ( hriftcned .SV. George's.
This loon became a fiourifliing Colony, though the Baltimore Family was de-
prived of its Government during the Civil Wars ; but King Charles II.'s Kcftora-
tion proved that of the Proprietor's ; as his Majefty, on coming to the Throne,
rcindatcd him in all his Privileges.
The Province is fituatcd between 38* and 40* of Northern Latitude, and be-
tween 44° and 48'of Wellern Longitude; abounding, as Virginia does, in line
Springs and Rivers ; fo that, like the Virginians, they can bring the Ships np to
their very Doors : It is divided into ten Counties, though it has very few Towns,
the \\mc Humour of living on their own Plantations prevailing among the Gen-
try b:'rc, as was before obfervcd to reign among their abovementioncd Neigh-
bours.
The Soil and Prodnils of this Country are fimilar to thofe of Flrt^inin, and the
Natives here imitate the others Management, in confining their Hufhandry to the
Cultivation of Tobacco only, of which it is fuppofcd they now produce as much
as I'irgiuia docs, though the Quality to the Englijh Taftc is inferior to the other,
it being (Wronger than tlie Iwect Icentcd Leaf gathered on the Borders oi James
and Tork Rivers ; however, this Circiunftancc gives it a Preference every where
in ihe North, to which I'art of the World we generally fend it : The Inhabitants
may
ig among tlie Gca-
'ementioned Neigh-
GREAT-BRITAIN, Cifr.
may be about ;^o,ooo, who arc fupplicd with Ncccflarics from hence in the
lame Manner Virginia is, lb tliat a Catalogue of them need not be repeated here.
Of New- York.
TH I S, like the laft mentioned Province, was a Part of Virginia, and became
ours under the douhle ilight of Dilcovery and Conqueft ; llic full by Cabot,
and the latter from the Dutch, who had fettled liere, and held it by an illegal
Title, and therefore the Eiiglijb have retained it ever fiiice its Recovery at the
Beginiiingof the iJ«/tZ' War. It is about two hundred Miles in Length, though
gcnciviily very narrow, will leplenKlied with I'roviiions and I'^uins, which ()ic;i-
lioMS if^ having few large Towns ; the Capital fNcw-Vork t ity) howevpr, is very
toiirulerable lor this I'.irt of the World, as it contains upwards of a thoiifand well
built Houfes of Stone and Urick, befidcs commoi )us Qu^ays and Warehoufes on
its excellent flarbour, where fome hundreds of Ships and VcHcls are employed in
the foreign Trade and Ifillicrics from hence carried on to AUtikira and tlie Azores,
where they find Pipe-Staves and F"ifli, returning witii Wine and Brandy, to their
very great Advantage ; and to all our Sugar lllr.nds, more efpecially BarhaJocs,
they fend Corn, I'lour, Bread, Beef, pickled and fmoaked Pork, Peas, Bacon,
Apples, Onion-;, Board and Pipe-Staves ; for which they brink back. Sugar, Mo-
lall'es, Rum, CJinger, (3c. And the Agents for this Province, in their Conteft
with the Sugar Plantations, atlirmcd, that their Winters being fevere, obliged
them to takeoff more of the Woollen Manufactures of this Kingdom (for which
they remitted Ciold and Silver) than all the Iflands fjaiiiiiica cxcc-.^tcd) put toge-
ther, and which I believe has remained uncontradided.
At our becoming Mafters of this Country, it was found to be very thinly peo-
pled ; but the Clime and Soil have proved fuch powerful Inducements to Adven-
turers, that their Number is fuppofod now fwelled to 50,000, witli an Appearance
of its daily Incrcafe, from thelnduftry and good CEconomy of the prcfent In-
habitants.
Of Penfilvania,
A Dmiral Pcnn, (afterwards Sir WHliamJ rendered himfelf f\imous, by the Con-
•** quefl: (with Col. Vcnablcs) olfamaica; and endeared himfelf to every one
ferving under him, by his unaffedted Modefty, and other engaging Qualifications
and Virtues ; thefe, and his great Abilities in maritime Affairs likewife, placed
him in a very high Degree of Efteem and Credit both with King Charles II. and
liis Royal Brother, which drew from the former a promifed Grant of this Ameri-
can Territory, in Reward of his paft Services to the Crown ; but he dying before
its Confirmation, and his Son not applying for it till fome Years after, the Patent
bears Date only from the 4th of March, 1680, containing all that Tradt of Land
in America, with all the Iflands belonging to it, from the Beginning of the 40th
Degree of North Latitude to the 43d Degree, <£c This was the Contents of the
firfl Grant ; but Mr. Pcnn having afterwards o.itained an Addition from Njw-
York, the whole Territory of Penfilvania now runs three hundred and thirty
Miles in Length, and about two hundred in Breadth, being diftinguilhed by this
Denomination in both the Patents.
There were but few Englijh when Mr. Penn fent over the firft Adventurers,
who had accompanying them a Governor of his appointing, to whom the Swedes
and Dutch that remained very readily fubmitted j but he afterwards went in Per-
ibn to fettle the Conllitution he had procured to be drawn up by that great
Lawyer Sir William Jones, and to make Agreements with the Indian Princes. The
Air is fcrcne and pleafant, the Soil generally fertile, and every Thing growing
here in great Abundance and Plenty. The Towns are large and numerous, well
lituated for Trade, and populous ; infomuch that the Capital, Philadelphia, is
now fuppokd to contain fifteen thoufand Inhabitants, by which the Number of
People in this fiourirtiing Colony may be guelTed at, though it would be difficult
to alcertain them.
The
643
^■•,l:
• {I,
i:i
644 Of the General Trade 0//^^ WORLD.
"''fW
W^^^
I si; ■.
i
The Merchandize which Ptnjihania furninies for its Commerce with Europe
and Amtrica, confifts in Horfcs, Pipe-ftavcs, Pork, Beef, and Fifli failed and bar-
relled up, Skins and Furs } all Sorts of Grain, viz. Wheat, Rye, Peas, Oats,
Barley, Buck-Wheat, Indian Corn, Indian Peas and Peans, Pot Aflies, Wax, Gff.
And HI Return for thefc they import from thr Qariblee lllands, ^c. Rum, Su-
ar, Molafles, Silver, Negroes, Salt, and Wine; and tiom Great-Britain, Iluuf-
.jold Goods, Clothing of all Sorts, Hardware, Tools, and Toys. Tlicy alio grow
fome Rice, and a little Tobacco of the word Sort -, and tlicir Trade with the
Indians is confined to a few Articles ; they receiving from them i ily Furs ami
Skins, and giving them in Return, Pjme Clothing, Arms, Ammunition, Rum,
and other Spirits.
Of the Jerfcys.
Tllefc fell under the Dominion of the Crown at the fiini; Time that A'l,
Tork did, and with that compoffid the Province of Nova Belgia, taken from
the Dutch, as beforementioned, and all were included in the (Jrant made by Kiiu;
Charles II. to his Brother the Duke olTork \ who inverted this I'art of it by the
Name oi Nova Caneria, in John Lord Berkley, and Sir G-or^e Carteret, and tlu\
or their Afligns agreed to divide it, with the Denomination ot Eajl and IP'e/l Nen,-
Jerfeys ; the firft falling to the Share of Sir George, as the latter ilid to his LorJ-
Ihip ; and both being parcelled out into different Proprieties, were unanimoully
refignedup to her Majcily Queen Anne, on the 22d oi\lpriJ, 1702, and Iiavebecii
ever fince governed by Royal Authority : they have levcral well built I'owns in
them commodioufly fituated for 7'rade, as Ships of two or three luuulred Toii^
may come up to the Merchants Houfes in diverfe of them. The Country yields
Plenty of all Sorts of Grain, with which they fupply the Sugar lllands, and bclide ,
this, drive fome Trade in Furs, Skins, and a little Tobacco -, they likewife ihip
fome Train Oil, Firti, Corn, &e. for Portugal, Spain, and the Canaries, though
New Tori is their principal Market, either for fupplying themfelves with, or dil-
pofing of their Commodities.
The Inhabitants ar» computed to be about 1 6,000, which like all others in
our Plantations, are clothed from hence, and herein contribute to the Advan-
tage of their Mother Country.
Of New-England.
IN my Dcfcription of Virginia, I gave an Account only of the firrt, or London
Company, referring my Readers for the Succefs of the fecond, or Plymouth
Company's Expedition, to this Place, v/hich I fliall now give.
Thefe Adventurers contented themfelves for fome Years, with the Trade of
Furs with the Natives oi North Virginia, and firtiing on that Coaft, in which two
Ships were employed fo early as the Year 1614, commanded by the famous Capt.
John Smith, and Capt. Thomas Hunt, the former of 'A'hich landed, and took a par-
ticular View of the Country of the Maffachufets, by which he was drawn into
feveral Skirmifhes with the Natives ; and afterwards returning to England, he left
Orders with Hunt to proceed in his Ship, with the Filli taken, to Spain -, but this
ungenerous Man, not content with his finny Treafure, and ftimulated by an
avaricious Dcfire of Gain, took fuch iniquitous Steps to procure it, as proved ol
fatal Confequence to thi; infant Colony ; for as foon as Capt. Smith was departed,
he enticed twenty- feven of the innocent Indians aboard, and carried them with his
Cargo to Malaga, where he fold them at 20/. a Head. This Outrage was re-
fcnted by the Indians m (wch a Manner as might juftly be expedcd ; they broke
off" all Communication with the Colony, fo that an entire Stop was pu: to
the little they before carried on, and their Endeavours for Revenge were exerted
on feveral future Occafions. And repeated Difappointments occurring by thefe
Difagrcements, the Patentees were difcouragcd from profecuting their intended
Settlements, and gave up all Thoughts of making them. However, other Ad-
venturers car-ied on a Trade to iVi?'a)-£«g/fl«</; and a Congregation o( Indepen-
dents who had fled from hence to Holland on Account of their Religion, under
Mr.
r Religion, under
G R E A T - B R I T A I N. ^c.
Mr. yo/.'n Rohinfo'i their Miniftcr, now mcHlitatcJ anotlu r Kcinove, and deter-
mined on changing tlicir Clinic oiilc more, from i\\ J^uropean to an ylmirunn j
li.ittercd with the Hopes of finding an Ajylum in the latter, which was denied
them in the former. And tliey atiordiiij^Iy protuncl a (Irant for t' ir Settlc-
nient on Hudjhn\- River, win re, however, they never arrived i but either V-iiance, or
Treachery {as Come fiippoCe) havnig drove them to Nnv-EngUiiid, in the Latitude
of' 42° North, they there laniled, and hiiilt themleives a Town, which tiiey called
Ni'io Plymouth, heing about a hundred Souls in all, Men, Women, and Children,
of which a great Part died tiie firlt Winter. However, new Recruits continually
fucceeding, they htg.in to grow pov <rrii], and i'ccame a tlourifhing Colony 1 and
this led them to reflect krioully on the Naturi of their prcfcnt Settlement, which
they knew to be precarious, as they were not only without a I'atent or CJrant to
tl-cure tlirm in the Poflcliions they now enjoyed, but held them contrary to the
Rights of the North Virginia (or Ntw- Eng/anJJ Company. In onier therefore
to cftablifh thenvfelves on a iietter Footing, tlicy commil1i"ned one of their Num-
ber, in the Year 1624, to lijllicit a Charter for them, winch he lliccct'sfully per-
formed, and obtained one more favourable than tluirmnll: fanguine EvpeftationJ
could inal<e them hope for ; they being thereby enabled to clec't a Governor,
Council, and Magiflrates, and to make Laws, provided they were no ways op-
pofite toours, or in any Refpert encnjached on the Crown's Prerogative: Thus
the full Settlement in this larjj. and fertile Country was confirmed ; and this ani-
mated others to take the fame Steps i of which I fhall give Ibme Account in as
brief a Maimer as pollible.
In 1625, Mr. /f7l/Vl/ofi)fl;v^y/l .another Minifter of the fame Perfuafton with
the bcforementioncd, being animated by his Succcfs, determined to follow his
Steps, in I lopes ofthe fame good Fortune; and accordingly procured a Grant from
the Nort/i Firgiiii(iC(miyi.\ny, to divcrle therein mentioned, of all that Part of M'-u^-
EiigLin.l, which lies between the great River Merimdck and CharUs River, Cc. and
obtained a Patent from King Charles I. to hold the lame ; which was eidarged by \
new one 1628, with flill greater Privileges than in thof'e ceded to the New-Plymouth
Colony, and by whom Charles-Town, Dorchejier, and liojhn (the Capital) were
fucccflively built ; and from thefe a Colony was detached, to fettle on ConneSiicut
River; which afterwards obtained a Grant 1 jr themfelves, with Privileges finular to
thofc already fpoke of. After thefe. New - Haven was built, and the Country fet-
tled ; and whilll this was tranfadting in the South-H'ej! Parts of New-England,
thofe in the A'b/V^-firt/? were not negleded; for thefe Coalls having for fome
Time been frequented, for the Advantages of Filhing and the Fur Trade, encou-
raged thofc concerned therein to attempt an Elbblilhment ; which they fuc-
ceedcd in fo much to their Satisfaftion, as in a few Years to fettle the two Coun-
ties of Neii)-HampJ).ure and Main, for which they obtained a Charter ; but as
Feuds and Divifions prevailed among them, they again refigncd it (in i 684) to
the Crown, where the Property has ever fince remained.
And if anyone refledls on the fwift Progrels made in thefe Settlements, that in
about twenty Years they had built twice as many Towns, cultivated a large Tradt
of Land, and fettled a tolerable good Trade, he mull allow them to have been un-
commoidy indulbious, more cfpecially if he conliders the many Difficulties they
had all along to llruggle with.
Ne-.i'-England it prefent comprehends four very confiderable Governments, viz.
Ma/Jtiihufets (which with New-Plymouth and the Main are now included in one
Charter;) Neiv-Hampjbire, flill remaining fepa te ; CorineSlicut (comprehending
alio New-Hai -ii ;) and Rhode IJland, with Providence Plantation. The whole
Country extenai.-ig from 41 to 45 Degrees of North Latitude, and from 67 to 73
Degrees of Weflcrn Longitude, abounding with Plenty of Filli, Fowl, Fruit,
Grain, a:id Herbage; it is likewifc replete \vi;h many fine Rivers, and its In*
habitants are very numerous.
Its Commerce is very confiderable, being fprcad all over America, and to feveral
Parts in Europe; our Sugar Colonics are from hence fupplied with Fifh, Cattle,
Corn, Apples, Putter, Cheefe, Oil, Tallow, Boards, Hoops, Pipe-Staves, Skins,
Bark, Turpentine, &c. and thefe in fuch vail Abundance, that tnc Ifland of Bar-
biiJoes only is computed to take off the Value of two hundred thoufand Pounds
8 B yearly;
^45
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Corporation
33 WEST MAIN STREET
WEBSTER, N.Y. 14SS0
(716) •73-4S03
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646 0/ tie General Trade of the WORLD.
yearly } they alfo deal with the other Sugar Colonics j fometimes with the French,
more with the Spaniards ; and their Exportation of Filh for Portugal, Spain, and
Itafy, is greater than from any Part except Newfoundland.— Fromncnct they take
all Kinds of Mercery Goods, Linen, Stockings, Shoes, Sail-Cloth, Cordage, Ha-
berdaflicry ^Yare, and a vaft many other Things : In Return, they build for us a
prodigious Number of Ships, and fupply us with Pitch, Tar, Turpentine, Skins,
Furs, Oil, Whale Fins, Logwood, and other Commodities j belides a great Quan-
tity of Marts, Yards, and Plank, for the Royal Navy j and as I cannot pretend to
make a Calculate myfelf of the Advantages accruing to us from this Trade, I (hall
adopt Sir Joliah Child's Words on this Subject, to convey to my Reader an Idea of
the Greatncfs of them. " To do Right (fays he) that induftrious ErgltJhCohny
♦• (fpeaking of New-England) I muft confefs, that though we lofe by their un-
" limitted Trade with other foreign Plantations, yet we arc veiT great Gainers by
«« their direct Trade, to and from Old England. Our yearly Exportatipns of
" Englijh Manufactures, Malt, and other Goods from hence thither, amounting,
•• in my Opinion, to ten Times the Value of what is imported from thence ;
« which Calculation I do not make at Random, but upon mature Confideration ;
" and peradvcnture upon as much Experienre of this very Trade, as any other
" Perfor will pretend to do, &C." And I fhali only add, that belides the Advan-
tages which at prefent accrue to us from this flourifhing Colony, many others may
be reaped, whenever the Legiflature fhall think proper to encourage them ; as
from tncnce all naval Stores may be fupplied, and a Sufficiency of Iron to anfwcr
every Demand and Purpofe ; fo that we may (hake off our Depcndance on the
Northern Powers for thefe Commodities whenever we will, as we can have them
of our own, without a Ballancc of leveral hundred thoufands a Year in our Dif-
favour.
Of Nova-Scotia.
NO Part of our American Settlements has occaiioncd more Contefts than this,
or has fo often changed Mafters ; having been feveral Times alternatively pof-
fefTed by French and Englijh, though our Title to it is founded on Cabot's Dilco-
verics, and was therefore originally regarded as a Part oi North-Virginia, and as
fuch, within the Charter of the H'ejlern Company, who gave ftritt Orders to
thofe in their Service, by all Means to prevent foreign Nations from fettling in
'MIX Limits.
Sir Samuel Argal, then Governor of Virginia, made a cruifing Voyage in 161 8,
round the Coaft northwards, as far as Cape Cod in New-England, about five or fix
Years before the Englifh Adventurers arrived in that Country ; and being informed
by the Indians, that (bme white Men had feftled farther North, he went, and
found a Fort built, with a French Ship riding at Anchor betcre it, both which
he took i and the French afterwards cancelled their Patent from their King j and
acquainted him of another Settlement made by their Countrymen at a Place they
had named Port-Royal, in a Bay on the South- Weft of Acadia, which he alfo
went to and reduced it.
When Sir Fe-Jinand Gorges was Prefident of the New-England Company, he
propofcd to Sir tyilliam Alexander to procure a particular Grant for the Land to
the Northward of their Patent, who accordingly applied for and obtained it of
King James I. in 1621 ; and the next Year fent a Ship with PalTcngers to plant
and fettle there ; but it being late in the Seafbn, they were forced to Winter in
Newfoundland, and to wait the Spring's Return before they could get away, which
they effefted as foon as the Weather would permit it, and proceeded on their
Voyage till they happily concluded it, and landed in what they afterwards called
Lukes-Bay ; and Sir IVilliam Alexander having publi(hed a Book, with the Defcrip-
tion of the Country, placed it in fo tempting a Light, that his Sovereign created
a new Order, called the Knights o\' Nova-Scotia, purely to facilitate its Plantation.
This objected Settlement, however, proved abortive j and there was afterwards
another Grant made of the Northern Pert of this Country, to Sir David Kirk,
from whom the French King bought it, or at leaft contracfled to give him 5000/.
for it; and Sir h'illiam Alexander, ibmc Years after, fold his Property to Claude de
3 ^
■ST K
G R E A T - B R I T A I N, ^c.
laTour, a French Nobleman j which plainlv proves that the Rights and Titles by
which they held them were acknowledged by tliat Nation.
Oliver Cromwell, in 1654, fent Major Sedgwick to diflodge x}\t French horn
Port-Royal, which he efFeded, and took Pofleinon of the faid Trad of Land ^ on
which Charles de St. EJUna (I believe it fhould be Ejlienne) Ion and Heir to Chude
de la tour, came to England, and on making out his Claim under Sir IViHiam
Alexander, then Earl of Sterling, Crom-wcll allowed it.
On the 2oth of Sept. 1656, the faid Charles de St. EJlina fold and conveyed his
Property in the faid Country to Sir Thomas Temple and WilHatn Crown, who divided
the faia Land by Deed of Partition.
Sir Thomas afterwards, viz. in the Year 1662, made out his Right, and obtained
a Patent from the Crown, not only for the Teititory mentioned therein, but for
the Government thereof during his natural Life, and the (blc Monopoly of the
Firtiery and Trade with the Indians.
By the Treaty of Breda, in 1667, this Land was again ceded to tlie French; and
ill 1 670, the Poflcffjon was delivered to them by Sir Thomas, in Virtue of the faid
Treaty, and in Obedience to exprefs Orders from the Earl oi Arlington, then Secre-
tary of State, though he never ctmveyed his Right to the Lands, nor ever received
a fingle Farthing of 16200/. Sterling, then ftipulated to be paid him in Recom-
pcnceofhis Dilburfements for building Forts, maintaining Garrifons, and the
Debts due to him from the Natives, though much follicited for, both at the Court
of England and France.
In 1690, on the 28th of April, Sir William Phipps, having by Order of the Maf-
fachuj'et's Government fet forward on an Expedition for the Reduftion of this
Countiy, fucceeded therein ; and having difpolfeffed the French thereof, and ap-
pointed a Governor, he returned to New-England on the 30th of M^y following,
and the EngUp remained Mafters of it till 1697, when by the Tttzty oi Rijwick
it was once more reftored to the French.
In 1710, it was again reconquered by the Forces of her late Majefty Queen
Anne, fent from hence and New England, under the Command of General Nichol-
Jon i and by the Treaty of Utrecht in 171 2, was yielded up to Great -Brifain, and
has ever finre continued in the Poffeflion of this Crown, having been conftantly
garrifon'd by a Regiment of Soldiers, till its late Settlement augmented the Num-
ber of theie, as well as of its Inhabitants.
Sir Thomas Temple died on or about the 27th of March, 1674, at Brentford m
Middle/ex, leaving his Nephew John Nelfon, Efq; of Bojlon in New-England, his
Heir and fole afting Executor to his Will ; who by Deed, bearing Date the 1 5th
of April, 173 1, fold and conveyed all his Right, Title, Claim, (Sc. in and to the
faid Lands, Debts, Rents, &r. to Samuel Waldo, Efq; of Boflon aforefaid ; of which
the faid Samuel Waldo afterwards fold and conveyed an undivided Moiety to me.
And as we were conicious of what Importance the Settlement of this Province
would be to the Northern Colonies, we fecured a confiderable Number of Swifs
Proteftants to begin it, not imagining, after fo clear a Dedudlion of our Title, we
fhould have any Impediment to fo neceffary a Work, pregnant with innumerable
Advantages to the Nation. However, left our Right Ihould be futurely con-
tefted, on Account of the aforefaid fevcral Treaties and Changes of Poffeflion, wc
humbly intreated his Majefty, about thirteen Years ago, to confirm our Grant, or
to give us a new one; which Petition he was gracioufly pleafed to refer to a Com-
mittee of Council, and the Committee referred it to the Conlideration of the At-
torney and SoUicitor General 5 which being juft before the breaking out of the
late War, this Occurrence made us defift from prefling the Aflair ; fo that I be-
lieve it was never reported ; however, I humbly conceive our Right to be no way
prejudiced, much lefs extinguifhed thereby.
This Country lies in a good and healthy Climate, being in the fame Latitude
with Old France; enriched with a fertile Soil, abounding in fine navigable Ri-
vers, that, like its Coafts, are full of various Kinds of Filh j more efpecially Sal-
mon, Sturgeon, Herrings, Cod, and Whales ; and befides thefe, the Province is
capable of producing Hemp, Flax, Mafts, Iron, and all the naval Stores, extra of
Furs, Oil, Whalebone and Poorjack, of which I remember feveral Cargoes were
caught and cured about tliirty Years lince at Canfo -, it can alfo as cgnveniently as
any
647
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648 Of the General Trade o//Atf WORLD.
any other Tupply the Sugar Colonies with Provilions, Boards, Staves, &c. and con-
sequently, under proper Encouragement, (bon become capable of taking off large
Quantities of Bntijb Manufadtures, and in Time prove a valuable Eftablifhment
to it:; Mother Country.
In (he Year 1749, a Town was built in this Colony, and called Hallifax, from
the noble Patron of the Undertaking, who then prcfmed at the Board of Trade.
By the Goodncfs of its Harbour and Convenience for the Britijh Men of War
to winter in during the Expeditions againll Canada, together with its happy Si-
tuation for the Cod Fifhcry, this bids fair to be one of the moft confidcrable
Towns in North ytmericu, notwithrtanding its Northern Climate, being free from
Ice the whole Winter. Several other Towns have been fettled in this Colony
during the prefcnt War of 1 760, which Hiews that the old Maxim, of War
being unfavourable to new Settlements, may now be exploded.
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Of the IJlands ofCipe Breton and St. John.
'T^HESE two Iflands belonged to the French, but were taken from them in
■'■ the Year 1758 by the Englijh Fleet and Arnr,y commanded by Admiral
Bofcawen and General Amherjl. The principal Advantage of thcfe Iflands is ov\ ing
to their Situation for the Cod Filhery, which throws the Whole of that invaluable
Trade into the Hands of the Englijh, calculated by fome at fo large a Sum .is
eight hundred thoufand ^omwA. per Annum Profit, employing atleaft 1500 Ships,
exclufive of large Boats.
At the fame time thcfe Iflands were taken, the French Neutrals (as they were
called) were carried from Nova-Scotia to our more Southern Settlements, by
which that lately fettled Colony is fecured from Inroads both from them and the
Indians.
O/" Canada.
"I N the Year 1759, General JVolfe and Admiral Saunders being fent with an Army
•^ and Fleet from Great-Britain to attack this very confidcrable Settlement of the
French, their Armies were blcflcd with fuch Succefs that they made themfelvcs
Mailers of the City of Rebeck, the Capital of that Country, fituated on the River
<SiV. Laurence. At the fame Time General Amberjl, the Conqueror of Louifiurgb
the Year before, with Sir fViiiiam yehnjbn, and a large Army of Regulars fronj
England, Provincials, and Indians, marched againfl the French Settlements at
Crown Point, Ticonderoga, and Niagara ; the two firft of which were abandoned
on the Approach of General Amherjt, bat Winter coming on, prevented his pro-
ceeding to Montreal, and thereby making a Junction with General H'^olfe. While
this was doing, Sir tVilliam "Johnfon bclieged Niagara ; and an Army of French
and Indians coming to raife the Siege, he entirely defeated them, on which tlie
Place furrendercd. General Forbes marched with another Army to attack Fort
Du ^ej'ne on the Ohio, which the French fet on Fire and abandoned on his Ap-
proach. This finiHied the Operations in this Country for the Year 1759.
In the Beginning of the following Year, 1 760, the French hom Montreal iXttckti
the new Conqucft of 'Rebeck ; but railed the Siege on the Arrival of the Englijh
Fleet, abandoning their Tents, Baggage, Artillery, Gff. On the Approach of Sum-
mer, General Amberji proceeded with his Plan for the entire Conquell of tliis
Country j and notwithlhnding the Difficulty of bringing up Artillery and fup-
plying an Amiy with Provifions at fo confiderable a Diftance from the Back Settle-
ments of our Colonies, he arrived at Montreal in the Beginning of September,
where he was joined by General Murray from l^ebeck. Tlie Day General Mur-
ray arrived. Articles of Capitulation were agreed on between General Amherji and
the Marquis Veudreuil, Commander in Chief of the French Troops in that Coun-
try, and Governor General of the Colony, for tlic Surrender not only of Montreal,
but of all Canada.
This Country is of a prodigious Extent, and by its large Lakes and Rivers,
formed for the greatert inland Navigation in the World. The French Inhabi-
tants,
G R E A T - B R I T A I N, ^c.
tanU, who by the Articles of Capitulation arc allowed to remain in the Country
and enjoy their Ellatcs, amount to noar 100,000 : thcfc, with the Demand of
Goods for the Indian Trade, will occafion a very confidcrablc Confumption of
Britijb Commodities, and confequently greatly encrealc the Exports to America.
Another Advantage will arifc to Great-Britiiiti, in relation to the Hat Trade, as
by this Conqueft and Hudfon's Buy, the whole Fur Trade of Buavcrs, fo ufeful in
that Commodity, will be confined to this Kingdom.
649
0/" Georgia.
THIS is the lail of our Settlements on the Continent, as well in Point of Time
as Situation ; it bounding our Prctenfions in America to the South, as Nova
Scotia docs to the North; and is of equal Importance with this latter as a Fron-
tier Province : It lies in the Bounds of Carolina, as defcribed in their Charter ;
but hatting for fo long remained unfettled, the worthy Projedors of the Georgia
Eilablidiment fixed on this Spot as a proper one for their benevolent Intentions of
relieving theDiftrefles of their Fellow Creatures, and at the fame Time to make their
Relief turn to a publick Advantage. It was with thcfe generous Views, that a Set
of Gentlemen foUicited his late Majcfty King George II. for a Grant of the uncul-
tivated Lands aforementioned, with the free Confent of the Carolinians, to whom
this Trad: was rather a Burthen than a Benefit, and from whofc Settlement they
cxpedcd to reap both Security and Advantage. His Majefty, always ready to pro-
mote the Good of his Subjeds, was gracioufly pleafcd to condcfcend to their Re-
queft, and by his Letters Patent, bearing Date the yth of June, 1732, did con-
ftitute the Petitioners a Corporation, by the Name of The Trujleesfor efiablifl;ing the
Colony ff/ Georgia /n America j with Capacity to pnrchafe and take Lands, to fue and
be fued, G'c. with the reftraining Claufes, that no Member of the faid Corporation
fhould have any Salary, Fee, Pcrquilite, Benefit, or Profit whatfoever, for ading
thcrein,or Ihould have anyOffice, Place,or Employment of Profit whatfocver under
the laid Corporation, Gff . They had likcwife a Power to make By-Laws, Qfc. And
amongll other Things, there was granted to the faid Corporation and their Suc-
ceiTors (under the Refervations therein mentioned) feven undivided Parts (the
whole to be divided into eight equal Parts) of all thofe Lands, Countries, and Ter-
ritories, fituate, lying, and beinj, in that Part of South Carolina, in America, which
lies from the northernmoft Stream of a River there, called the Savannah, along the
Sea Coall to the Southward, unto the moft Southern Stream of a certain other
great Water or River, called the Alatamaha j and Wcftward from the Head of
the faid Rivers, refpcdively in dircd Lines to the South Seas : To have and to
hold the fame to them, &c. for ever, for the better Support of the faid Colony,
under the yearly Rent of four Shillings Proclamation Money of South Carolina, for
every hundred Acres of the faid Lands ; for every of which the faid Corporation
Ihould grant, demife, phnt, or fettle ; but not to commence until ten Years after
fuch Grant, Demife, Planting, or Settling j and ereded and created the faid,
Lands, Countries, and Territories, into one independant and feparate Province,
by the Name of Georgia ; and made the Inhabitants who fliall refide therein, free,
and not fubjed to any of the Laws, Orders, Statutes, or Conftitution? of South
Carolina, except the Commander in Chief of the Militia ; and authorifed the faid
Corporation, for the Term of twenty-one Years from the Date of the faid Let-
ters Patent, to form and prepare Laws, Statutes, and Ordinances, for the Govern-
ment of the faid Colony not repugnant to the Laws and Statutes of England ; to
be prefentcd under their common Seal to his Majefty in Council, for his Appro-
bation or Difallowance i and that the faid Laws lb approved of, Ihould be in full
Force and Virtue witliin the faid Province. The Council for the Time being of
the faid Corporation were likewife impowcrcd to apply their Money, make Con-
trads, (^c. to appoint Oriicers and Servants, rcinovcablc at Pleafure; that they might
tranlport and convey into the faid Province fuch of his Majcfty's Subjeds and Fo-
reigners, as are willing to go and inhabit there; and declared all Perfons born within
the laid Province, and their Pollerity, to be fn.c Denizens, as if they had been born
in any of his Majefty 's Dominions. The faid Corporation had likewife Power to
8 C allign,
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650 0/ //&if General Trade of the WORLD.
aflign, transfer, and fct over, fuch particular Portions of the {uA Lands, Tene.
ments, and Hereditaments, unto fuch of his Majcdy's Subjedts and others, willinjr
to live in die faid Colony, upon fuch Terms, an ^. for fuch Eftates, and upon fuch
Aents, Refervations, and Conditions, as the fame might lawfully be granted, and
as to tlic faid Common Council Hiould fcein fit and proper ; provided no Grant
ftiould be made of any Part of the faid Lands, unto, or in Truft for, or for the
Benefit of, any Member of the faid Corporation ; and that no greater Quantity of
the faid Laniis be granted, cither intirely or in Parcels, to, or to the Ufc of, or in
Trufl for, any one Pcrlbn, than five hundred Acres j and declared, that all Grants
made contrary to the true Intent and Meaning thereof, Hiould be abfolutc^y null
and void. And granted, that the faid Corporation, for the Term of twenty-one
Years frooi the Date of the faid Letters Patent, fhould have Power to ewft and
conftitutc Judicatures and Courts of Record, or other Courts, tn be held in his
Majcfty's Name, for the Hearing and Determining all Manner of Crimes, Of-
fences, Pleas, ^c. And it is dircdled, that all Rents, IfTues, or Profits, which
Ihould come to the faid Corporation, ilfuing or arifing out of, or from the faid
Province, Hiould be laid out and applied in fuch Manner as would moft improve
and enlarge the faid Colony, ©"<:. And direAcd, that the faid Common Council
fhuuld from time to time, for the faid Term of twenty-one Years, have Power to
appoint all fuch Governors, Judges, Magiflrates, Miniflers, and Officers, civil
und military, both by Sea and Land, within the faid Difl-riA, as they Should
think fit and needful tor the Government of the faid Colony (except fuch Officers
as (hould be appointed for managing, collcfting, and receiving fuch of his Ma-
jclly's Revenues as diould arife within the faid Province) with a Provifo, that
every Governor fo appointed, fliould be approved of by his Majefly, and qualify
himfelf as other Governors in America are by Law required to do, (3c. And thi-y
have Power to train the Militia, cred Forts, Gff . And that they (hall have Power
to import and export their Good's, at or from any Ports that fhould be appointed
by his Majefty, within the faid Province, without being obliged 10 touch at any
other Port in South Carolina ; and declared, that after the End of the faid twen-
ty-one Years, fuch Form of Government, and making of Laws and Statutes, and
Ordinances for the Government of the faid Province and its Inhabitants, fhould
be eflablifhcd and obferved within the fame, as his Majefhr, his I leirs, and Suc-
cefTors fhould ordain and appoint, agreeable to Law ; and that after the End of
the faid twenty-one Years, the Governor, and all Officers civil and military within
the faid Province, fhould be appointed by his Majefly, his Heirs and Succeffors.
In confcquence of this extenfive Charter, many Nobles and Men of Fortune
undertook, in Quality of Truftees, to carry the Deflgn into Execution, and had
as the Objedl of their firfl Care, the obtaining a fufficient Fund for enabling them
to fend over a confidcrablc Body of People, and to provide them with all Kinds of
Neceflaries ; to wliich they liberally fubfcribed themfelves, obtained confidcrablc
Sums by Collection from Pcrfbns who were charitably difpofed, to forward the
Settlement, and, befides, procured a Donation from Parliament of looooA
The propcrcfl Method was alfu fludied in making this Settlement, that it might
both anfwer the intended Endsof their being fent thither, and alfb contribute as
much to the publick Utility as pofTible j in order whereto, every Individual was
regarded as a Planter and Soldier, and accordingly fumifhed with Arms for Defence,
and Tools for his Hufbandry, wliofe Ufe and Excrcife was alfo taught him ; it was
ahb rcfolved, that Towns Hiould be planned, and Lands appointed for the Sub-
lUlancc and Convcnicncy of the Settler, and thefe be held in Tail-Male, as the
propercft Tenure in this infant Colony. The Introdu(5Kon of Negroes was al/b
prohibited for many Rcafons. And after thele Difpofitions were made, and the
Trullees enabled by publick and private Lene^(ftions, one hundred and fourteen
Souls, Men, Women, and Children, embarked with James Oglethorpe, Efqj (one
of the Truftees) in November, 1732, and failed fox Carolina, where they arrived
on the 1 5th of J'^ vuary following ; and being affiflcd by the Governor of Charles-
'■Joivii, and otlier kind Gentlemen, a Town was marked out, and the firft Houfc
begun (ten Miles up the River Savannah) on the 9th of February, after which
Mr. Oglethorpe procured all the AlTiflancc and NecefTarics he could for his young
Colony, fowcd and planted a Quantity of Corn, Herbage, and Fruit, made a
Treaty
G R E A T - B R I T A 1 N, &>c.
Treaty with the Indians, and then returned to England, in order to continue his
eood OiSces by procuring the neccITary Supplies to be fent this Obie£t of his
Care j and arrivca In Safety, in June, 1734, accompanied by feveral of the Indian
King*> and Chiefs, who were endeared to our Countrymen by the kmd Ulage
iliewn them here.
Mr. Oglethorpe again embarked, and on the 6th of February, 1735, arrived with
four hundred and feventy Perfons, who were fettled on the Iflandof St. Simon;
and in the preceding Month, a Parcel of Scotch Highlanders were got there, and
eilablidied up tUxclKvia Alatamaba, about fixtcen Miles diflant from the aforcfaid
lUe i they both built Towns, the EngliPj calling theirs Frederica, and the Scots,
Uew Invernefs : Roads of Communication were made between the Towns of the
Britijb Adventurers and the Indians, and both the North and South Frontiers were
not cnlyfecured by Fortifications, but alfo by an amicable Treaty, concluded with
the Spaniards of St. Auguftin, which however was difapproved of by their Court
and toe Governors of Cubai and Spanijh Florida had Directions to prepare
fuch a Force a« they imagined would be fufficient to deftroy our Settlements, as
wqll in Carolina as Georgia j to prevent which, his Majefty was gracioufly pleafcd
to order a Regiment of lix hundred ofiedtive Men to be fent to Georgia for its De-
fence and Protection, and the Truftees allotted each one of them a Parcel of Land
to encourage their good Behaviour.
The Parliament alfo now granted them ao.ooo/. and 26,000/. at fundry Times
afterwards, for their further Afliftance, which enabled the Truftees to make ano-
ther Embarkation, and with theiie repeated Auzmcntations of People, the Towns
laid out in this new Colony began to nouri<h. Mr. Orletborpe was appointed Co-
lonel of the aforeiaid Regiment ; and no one could have been more proper for
the Command than he, who only ufed his Authority and Care, to protedt that
Settlement, which with fo much Fatigue and Afliduityhe had planted; but this
Reinforcement did not induce him to abate any thing of that Difcipline he had
always obferved* but he continued to train his Militia, with the lame Exercife
and Regularity he had before ufed them to, and difregarding the Dangers he run,
and the Jnconveniencies he fuffered by travelling in an almolt unknown, uninha-
bited, and coniequently an uncultivated Country, he undertook a Journey of
five hundred Miles from Frederica, purely to encreafi; the Services he had al-
ready rendered the Colonies of Carolina and Georgia, by concluding a new Treaty
vith the Indians, and thereby confirming them in the Englijh Intereft, at a Time
when the French were ufing their utmoft Efforts to draw them off from it ; thus
(to advance and fecure the Happinefs of others) did this worthy Man, with un-
wearied Diligence, expofe himfelf to Hazards and Toils, that would have proved
unfurmountable to one of a lefs eaterprizing Genius and fleady Refolution ; but
thefe enabled him to go through even liich a comfortlefs and tirefome Expedition,
as this now mentioned.
The Number of People fettled in Georgia in the firft eight Years was upwards
of two thoufand, which under Mr. Oglethorpe'^ prudent Conduct, in Obedience to
the wife Regulations and Difpofitions of the Truflees, had now acquired Strengdt
fufCcient to defend themfelves, as they were foon obliged to prove ; for the War,
kindled here with the Spaniards in 1739, foon blazed out in America, where Ge-
neral Oglethorpe, having with all the other Governors in that Country received
his Majefly's Orders to annoy the Spaniards as much as they could, agreed on ^
Expedition againft them at St, Augufiin, in Conjundion with the Forces of Ca-
rolina ; and though the Plan of their Operations feemed to be well concerted, it un-
fortunately mifcarried with the Lofs of many Men and much Money. The Spa-
niards in Return paid them a Vifit in the Beginning of June, 1742, but met a fignal
Repulfe from the Englijh ; for though their Force confifted of fifty-fix Sail, with
between feven and eight thoufand Men, they were defeated by the Handful General
Oglethorpe had with nim, to tlie immortal Honour, both of the Soldiers and their
Commander, who obliged the Enemy to ib precipitate a Flight, as to leave Part
of their Baggage, &c. behind them. The Gecieral received the Congratulations
and Acknowledgments, fo juftly due to his Bravery, from all our American Gover-
nors, and ought to have the fame Incenfe paid him, by every Well-wifher to the
Colonies, or indeed Great-Britain itfclf.
3 Thii
<5SI
II
if'.
'X 'fft-'
652 Of the GnNtRAL Trade o/" //jt? WORLD.
This Province isfliid to be capable of prodming all that Carolina doesi, thotmh
the Truftces, from an Obfcrvation that mod of the ^nierican Settlements run into
a Cultivation of the fiiinc Commodities, recommended a diflcrent PratSJce here
and ordered a large Flantntion of Midbcrry-Trees to be made, invited thereto by
the Propriety of the Soil, and Agrccdilcncfs pf the Clime for raifmg Silk, of
which a Parcel was brought from thence in 1739, and deemed by conjpetent
Judges to be very good ; though what more it may have produced fince, I muft
confcfs myfclf ignoi.int, or indeed, of what otl Returns it has made to the
People's KxjH-(ftations, from the large Sums expended on it ; though, fhouid it
fall fliort in the Fertility it has been praifcd for, and remit but little in Exchange
for the Manufa<5turcs it takes from ncnce, the Eftablirtiment ought to be fim.
ported as an important Frontier, whofe Confcquence has been demonftrated, in
the Stand it made againft the above-mentioned powerful Attack, which niight
otherwife have proved of fatal Confcquence to fcveral of our Colonies.
I have now done with our Settlements on the Continent, and Hioll next fpealc of
out American Iflands, equally beneficial to this Kinedom with the Eftablifliments,
whofc Trade I have jufl now dcfcribed ; and (hall begin with^ tholb called the
Caribbce or Antilles, and of thcfe \Vith the principal one,
Hi ' •:
^, :i
t^>f#^-i?rv'
Bariadoes, • • ■
\X7HICH was primarily granted by King Charlesl. (on his coming to the
^^ Crown) to yatnes Earl of Carlijk, who having fold fomc Parcels to fc\cral
Adventurers, they tranfbortcd thcnifelvcs thither j and the firlV Improvement they
attempted wasplantingTobacco ; but this not fucceeding according to Expedtation,
they proceeded to try Cotton and Indigo, which afforded them much better Re-
turns. But I fin . they made little or no Sugar till 1647, when the Colonch Mo-
diford, Drax, and fVnlrond, and feveral other Cavaliers, were induced by their
uneafy Situation in En^knd under the Ufurper, to c-onvcrt their Ertates into Mo-
ney, and to feek a quiet Rccefs in this fertile Ifle, carrying with them fuch Imple-
ments and Machines as were proper for Sugar Works, which they intended to
propagate, as fccmingly the Commodity bell adapted to the Soil, and in which
Experience has proved they were not deceived ; for it is faid, that Colonel Drax m
a few Years acquired an Eftatc of 7 or 8000 1, per Amium, and married the then
Proprietor's (the Earl of Carlijle's) Daughter.
The Encreafe of its Riches and Inhabitants was a Confcquence oiF the Spil's Fer-
tility, and a Reward of the Planter's Induftry, and I believe is nnparallelled by
any Settlement, of any Nation whatfocver ; as in 1626, this Country was fo far
from being fettled, that it was quite uninhabited, affording nothing for the Sup-
port of Life, and overgrown with Shrubs and Buflies, enough to difcoumgc the
Attempts of the firft Planters to clear it ; yet in the Space of fifty Years, this In-
cumbrance was quite dcftroycd, and by an exaft Calculation there were in the
Iflandat this Period fifty thoufand white People, (of whom twenty thou land were
able to bear Arms) and eighty thoufimd Negroes ; a furprizing Populoufnefs on fo
fmall a Spot, and in fo fliort a Time! though it is probable the Inhabitants would
ftill have encrcafed, had not an epidemical Diftemper among the Whites, begun
in 1691, fwcpt off fuch Numbers of them, that the Calamity has not been re-
paired to this Day ; and it is fuppofcd, that at prcfent there are pot above thirty
thoufand white People on the Ifland, and of Negroes, Muhttoes, and MeJIrve
Slaves, about an hundred thoufand.
In 1 66 1, this Ifland was purchafed by King Charles \\. of the Lord Kinoul,
Heir to the Earl of Carlijle, liiicc which Time it has continued unaliened by the
Crown : It lies in 1 3 Degrees of North I.atiture, and 59 of Weftern Longi-
tude, being about twcnty-hvc Miles in Length, and fifteen in Breadth, very little
bigger than the IJle of H'^igbt, and fuppofed to contain, according to a round Com-
putation, a hundred thoufand Acres. The whole is fo entirely planted with
Canes, that even the common Ncceffaries are not cuhivated or raifedherc; 16
that Corn, Flcfli, and Filh, is for the moft Part brought from the northern Co-
lonies, bcliiles Fuel, and all Sorts of Staves and boards.
Bridge-
G R E A T - B R I T A I N, &c.
Bru^e-TowH, or St. Micbaefs, n the on'y one of any Confequence in the liland,
being ntuate in Carlijk Bay, and contains between ten and twelve hurjdrcd liuufes,
tolerably well built with Brick or Stone, defended by three Caftles, and accom*
modated with good Wharfs and Keys, for landing and loading of Goods.
The Produft of the f fl«, as has already been remarked, is principally Sugar; tho'
befides this, great Quantities of Rum arc diftillcd from the MolafTcs, and it affords
feme Cotton, Indigo, Ginger, and Pimento, all which it returns us in Lieu of
the Manufadhircs and Commo<litics it is fo largely fupplied with from hence, be-
lides the Advantage aiilint; from an Employ of Snipping, neceflary to furni(h
them with the Maddra Wine they want, this being the prmcipal Beverage of the
Rich and Opulent in the IVijl-lndiis.
Of St. Chriftophers, Nevis, (or Mevis) and tbt other Caribbec Ijlands.
TH E firft of thcfe ftands next in Regard to Barbadoes, being about fevcnty-five
Miles in Circumference, and lies in the Latitude of 17° 25' on this Siac the
Line. The Englijh and Fraich both took Poffcffion of it on the fame Day, and in
May 1627 divided it between them, continuing in pcrfcdl Amity till the breaking
out of the War, which deftroyed the Harmony; and our Countrymen being more
powerful than their Neighbours, drove them oS'thc Prcmifes, which by the Treaty
of Utnrht were confirmed to the Crown of Great-Britain.
Their chief Produft is Sugar, (of which in a corrmion Year they make about
10,000 Hogfheads,) but like the laft mentioned Ifland, this alfo yields fome Gin-
ger, Indigo, and Cotton.
Nevis, or Mevis, was alfo fettled by the fame Perfons, and within a Year of the
fame Time as St. Kits was, and is commonly the Relidencc of the Governor of
thefe Leeward Iflands ; it is not above twenty Miles in Circuit, yet has maintained
between 30 and 40,000 Whites and Blacks, and produces about 6000 Hogfheads
of Sugar.
Montferrat was begun planting with Nevis,2nA fcems to be near a Circle of about
three Leagues Diameter, more mountainous than any other of the Antittes, and yet
fo fruitful in the Vallies and Plains, as to pnxhice from 2500, to 3000 Hogfheads of
Sugar, (befides fome other of the Commodities before-mentioned, natural to thefe
Ifles) and to fupport about cooo white, and 1 2 or 1 4,000 black People.
Barbuda was as early fettled as either of the two laft mentioned Ifles, but being
different in its Produdls, and having met with greater Interruptions to their Settle-
ments, by frequent Incurftois from the Cartbbeans, there arc not to this Day
2000 People at moft in the Iiiand, though thcfe are all white, as their fole Employ
is Hufbandry, for carrying on which themfelves are fufficicnt without Slaves ;
they raifc Corn, and feed Cattle, with which they fupply their Neighbours.
Anguilla, (as it is falfely wrote) or Snake Ifland, (as it is more falfely tranflated)
is about ten Leagues long, and three broad, fomething Eel like, or Serpentine
in its Shape, and all fo level, that there is not a Mountain in it. The firft Ad-
venturers fettled here in 1650, and finding this like Barbuda, fitter for raifing
Corn and breeding Cattle, than other ProdudHons, they brought their Stock witn
them, and might undoubtedly, like the Inhabitants of that Ifland, have made a bet-
ter Improvement in their Farming Bufinefs than they have done, had not Idlenefs
lulled them into a flothful Negledt of the Means Providence had put into their
Hands, of procuring a comfortable Subfiftence ; but they content themfelves
with a bare Sufficiency for Nature's Support, though not thro' the Inftigation
of any philofophic Principles, but as the Kefult of a confirmed Sloth and Lazi-
ncfs, which is as great as can be, and fecms the Influence of the Air they
breathe, as many from Barbadoes, and every other of the Caribbee Iflands have
been infefted with it on their Arrival here; and it is carried to fb high a
Pitch, that they live in a more lawlefs Manner than even their PredecefTors,
the Indians, ever did, having neither a Miniftcr nor Magiftrate among them ;
fo little Senfe or Notion have thw of Government or Religion.
They hardly amount to a thoufand People, and they have very little Sugar, and
I believe no Cotton, Indigo, or Ginger among them.
8 D Antego,
^53
^*?%cViI
, -'• . ■"'■ ^ , >" '
1 «i
3f
654 Of the General Trade 0/ /y&f WORLD.
Anttgo, or Antigua, ii about fixty Mile* in Circumference, und was granted by
King CmtUs in 1661, to Fraud/ Lord fVHUugiiy, Governor of Bar iaJoei, on
which he fettled a Colony in about three Yean Time t it however afterwardi by
feme Meant reverted to the Crown. Itt principal Town i» Sf. John't, confifting
of about two hundred Houfei 1 and Mr. Harrit %i, its Inhabitants are reckoned
about 1 500 ) though I fliould judge them to be more from the Qnjintity of its
Products, as of Sugar only it 11 fuppofed to make 16,000 Hogfheads, bcfidcs a
little Ginger, Indigo, and Tobacco : The Soil in mofl Placet it but indifferent,
the Heats are greater than in Barbadtes, &c. and the Hurricanes more frequent
and deftru^ve.
Of Guadaloupe, Marigalante, and Dcfcada.
THESE IHands, belonging to the Crown oi France, were taken and added to
the Englijb Settlements oy Commodore Moore a.nA (General Barrington, after
an obAinate Defence, in the Year 17 $9' I'he Produce of thefe Illands is fo confi-
derable, that Guadahupe alone it faid to furnifh annually in Sugar only, 40,000
Hogiheads, cxclufive of Coffee. Cotton, &C.
m :
™^& , c •
m-
m-
>.;
mi'
1 '
0/ Jamaica.
npHIS Ifland, ranked with the largeft in America, is of an oval Form, near a
■^ hundred and forty Miles in Length, and about fixty in Breadth -, it is fituatcd
in the Atlantic Ocean, between feventeen and eighteen Degrees of North Latitude,
and from feventy-fix to feventy-nine of Weftern Longitude, about twenty Leagues
Eafl of Hijpaniola, and as many South from Cuba, -It is very fertile, and produces
feveral Commodities more than any other of our Plantations do, as Cocoa, Pepper,
and wild Cinnamon ; of the Aril however, there is a much Icfs Quantity growing,
than there was when the Spaniards were Mafters of this Ifle, procectling from the
Ignorance of the Englijh in its Cultivation, it being of a very delicate Nature, and
requiring great Care to fhade and nurfe it. otherwife it continues barren, pines,
and dies ; and notwithftanding every Precaution is pra^ifed, that has come to the
Knowledge of our Countrymen, they cannot bring it to frudify as it formerly did ;
of Piemento there are great Quantities, which from its Form, and the Place of its
Growth, is called Jamaica Pepper, and commonly here in England All-Spice ; be-
ine; of a fine high Flavour, and defervedly reckoned the beft, and moH: temperate
oflhe many aromatick Drugs brought to us, principally from the Eaji-Indies. The
Bark of the wild Cinnamon Tree, is commonly, though falfely called. Cortex Win-
teranus, and is fold here as fuch ; but :his latter is a Native of the Streights of Af<7-
gellan, from whence it was firft brought by Capt. Winter, who accompanied Sir
Francis Drake in his Voyage round the World. Befides thefe Commodities, there
are feveral other Produftions natural to Jamaica, as Cotton, which grows here in
great Plenty, and finer than that of the Caribbee Iflands } Tobacco, though culti-
vated in fmall Quantities, Abundance of Fuftick, Redwood, Logwood, and others,
for Dying j befidcs feveral Sorts of Woods that arc fweet fcented. The Ifland alfo
abounds in Medicinal Herbs and Drugs, as Guaiacum, China, Sarfaparilla, Cafila,
Tamarinds, Vanillocs, Variety of Mifiletoc, and feveral (^ilutary Gums and Roots.
—— Copper Mines have been difcovered here, of which Metal I have feen a Sam-
ple from thence very fine and good ; but all thefe Produdts mufl give Place to the
Sugar Cane, which has brought fuch immenfe Riches to t'le Inhabitants'; and the
Qiwntily is not only very great, but the Quality fuperior tven to that of 5r. Kits,
which is accounted the heft in the Leeward Iflands. It is impoflible to fay precifely,
how much may annually be made here, as Seafons differ, and feveral Accidents in-
tervene to deflroy a Certainty ; but it is aflerted by fome, and not judged by others
to exceed the Truth, that a hundred thoufand Hogfheads are a Medium communibus
Annis. It is likewife as difficult to afcertain the Number of the Inhabitants; but
according to the mofl credible Accounts, they are about feventy thoufand white
People, and a hundred and twenty thoufand Negroes, who are all fupplied with
Clothes, Furniture, S^c. from hence ; and bcfidcs thefe Benefits arifing from this
Colony
4
G R E A T - B R I T A I N, l^c.
Colony to the Mother Country, its advantageoui Situation for Trade with the
Spanijh Continent, enables it to take ofF large Parcels of Goods to carry thither.
And I cannot quit the Subje<^ without mentioning another beneficial Commerce,
chiefly carried on from this Iflai , viz. that of cutting Logwood in the Bay of
Camptachy, to which we have an undoubted Right \ and this has been fo clearly
proved by many Authors, as to put the Matter beyond Difputc, notwithdunding
the continued Depredations of the Spaniards on this Account, to the no fmall De-
triment of tliolc who arc concerned in this Branch of Bufinefs, and confequently
to this Nation in general, as no Icfs than 14935 Tons, jq. 41b. were imported
in the Years 1713, 1714, '7151 and 1716 j and were the Cutters properly pro-
te£ted, a SutHciency might now be brought in for our own Mfc, and that of our
Neighbours, without any Expcnce to the Government ; and as this is not only
clear Gain, but occalioii!> the additiu'ial Benefit of employing a confidcrable Num-
ber of Ships, I think it challenges a fuitablc Regard, as from what 1 have here
mentiont'd, it may be rcafonabiy concluded, that the Profit accruing therebyi
cannot be put at lei's than 100,000/. a Year.
(>%%
Of tbt Lucayos, or Bahama Ijlandi.
Til ESI" lie in the ylt/nntic Ocean, between 21* and 27" of Northern Latitude)
and from 73° to S 1" of Weftern Longitude, taking their Name from one of
them called Bahama, which i& fituate in the Latitude of 26* 30', at the Diflance of
between twenty and thirty Leagues (fay fome, and fifty Leagues, as others afTert)
from the Continent of Florida ; but Providence (lying in the Midfl of them) has
been pitched on as the Seat of Ciovernmcnt, when any has been fettled here.
Thcfc Iflands were granted by King Charles IL to George Duke oi Albermarkt
and fcveral other Noblemen, wlio inetfeftually endeavoured to people them ; for
as foon as lomc Adventurers were got there, the) vere drove off by the French
or Spaniards ; and when this was not the Cafe, they contumacioufly rofc againfl
their Governors, who they either deflroyed, or fent them away Prifoners, to the
DifTolution of all Polity, and their own Deflrudlion ; fo that after feveral Settle^
ments made, and fucceflively deflroywl, either by the Enemy or themfelves, thcfe
Iflands became a Refuge for Pirates, till 1718, when his late Majefly King
George L appointed a Governor, who once more eflablifhed a Colony here, where
there may now be between fifteen hundred and two thoufand People ; though the
having a Force in thcfe Farts, feems more the Motive to their Settling, than what
is expcded tVom their Produdts, for as yet thefe have been but trifling, confiAing
in a little Tobacco, Sugar, Gff.
Of the Bermudas, or Summer Iflanit.
THESE received their primitive Denomination from one Bermudas a Spaniard,
their firfl Dil<;overer ; and were afterwards called Summer Iflands, from Sir
George Summers, who was fhipwreckcd, and in another Voyage there rcfigned his
Breath. They lie within the Limits of the Grant that was made to the /Virginia
Company, who fold them to a hundred and twenty Perfons of their own Society,
and incfe afterwards obtained a Charter from King fames, which confirmed their
Property. This new Company foon endeavoured to render their Land profitable,
by the Eflablifhment of a Colony, and accordingly fent a Ship there with the firfl
Adventurers, in 1 6 1 0, under the Diredtion of Mr. Richard Moore, who made them
an excellent Governor, and foon put them in a Capacity to defend themfelves,
by building a handfome Town and ftrong Forts, and by his prudent Management,
he difappointed the Spaniards Attempts to land on, and conquer thefe Iflands in
1 6 14. His firfl Settlement was upon a Plain in St. George's Illand, where, from a
Habitation of Palmeto Leaves, iprung up St. George's Town, one of the flrongefl
and belt built in our American Colonies.
This worthy Man was fucceeded by Capt. Daniel Tucker, who being a Perfon
of a fuperior Education to his Predcceflbr, and having feen more of the World,
exerted
.'f
i
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II
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1
956 0//^^ Genteral Trade 0/ tbcWOKLD,
exerted hii Tutents in Favour <if the Col«ny now put umler hii Care, and cfta-
hlifhcd a regular Form <>t C;overnmcnt, trnred out Wtntation*, and obliged every
one to build uniformly in the Town, antt to pinnt re}(nlarly in the I'ountry, lo
that a beautiful Symmetry was fcin through the whole of their Improvcmcnu,
and Flidliirc with Profit was thus blended.
In 1619. this vif^iknt (iuvernor quitted to another, who then arrived from
Eng/anJ with fmirShips and five hundred HInntcrs, which were equalled in Num-
ber by thole already I'cttleil there, lb that the Colony began now to make a Ki.
gurc J fome Laws were littled, the (Jovemment direi'ted to br, by (iovernor,
Council, and AfTcmbly, as in ciir other >i^wmri/;/ Plantation*, and Cnpt. 'lucier
having before cllablilhcd a Militia, they were fecured againll the Attacks of any
Enemy.
The Number of thefc Iflands is uncertain, as by fome they are reckoned to be
three flundrcd, whiUl others make them above five Hundred. They lie in the
Latitude of 32" ^o' North, nnd in 3 5* of Wertern Longitude, a great Diilance
from the Continent, as the neareft Land, which it Carolina^ lies at leaO two hun-
dred and fifty Leagues (as Mr. Harris, or four hundred and eighty Miles, as Mr.
Eciurrff (ays) to the Wc(l of them.
The Air is deemed extremely wholefome, and the Country vaftly pleafant j the
Soil is rich and fertile, inlomuch that /W/</« Corn (their chief Support) is reaped
twice here, between the Months oi March and December, ana all the PlantK,
I'lowtrs, and Trees, peculiar to the H'ejl- Indies, grow here in great Pcrfcdtion, as
thofe tranfportcd from Europe do ; and bclidcs among the Fruits, the Oranges here
in every Reipc^t exceed thotc either of the Eaft or H'eji- Indies, as among theFo-
reft Trees the Cedar docs for any Ufe or Purpofc whatfoevcr, inore particularly in
Ships, fo that the Bermudas Sloops are become famous, both for Service and
Sailing.
St. Geerge'sTown (the Capital) has no lefs than feven Forts to defend it, tho'
indeed the whole (Joatt, and the unknown Rocks are natural Bulwarks to this
Country, fo that the Inhabitants live free from the Apprehenfions of an Enemy,
and as happy as a mild CJovernmcnt, and a delij'htful Country can make them : It
is true, that the pleafing Prolpcdt of Riches has been the principal Attraction to
the peopling of moft of our other Colonies tho' the fettling thefc Illes was ap-
parently from different Motives, as their Trade is very limited, and confequentiv
the Opportunities of making a Fortune very rare ; 10 that the grcatcft Induce-
ment the State had to liittle tnem, was to keep them from being po(rell(:d by any
other Nation i but that anting to the Adventurers, was to fecure to themfclves a
fafc and auiet Retreat, from the Cares and Tumults that the other Parts of the
World laboured under, of which they had none here to ruffle and liiAurb them ;
fb that many with this philot'ophick Difpofition, and that could content theni-
ftlvcs with the Plcaliires and Plenty of the Country, retired here with their For-
tunes, as others did to procure or prefcrve Health, and fome few on Account ol
Religion.
Their Trade chiefly coniifts in Timber and Provifions, (which they fend to the
other Parts of America) a fmall Quantity of Tobacco, and the building of Sloops,
as before-mentioned ; fo that though it has for fome Time been a very flourifli-
ing Colony, it is verv little beneficial to the Mother Country, otherwifc than by
the Cloathing and other Neceffaries it takes from us, which cannot be inconfidc-
rablc, when the fmallcft Computation makes the Inhabitants to be in Number at
lead nine thoufand.
Of Newfoundland.
#^UR Right to this Ifland has already been inconteflihiy proved by fcveral good
^^ Authors, fo that any Advances towards it would be fuperfluous here. It
lies between 47 and 52* of Northern Latitude, and is fo far from being that cold
and unhofpitable Country as many have rcprefentcd it, that St. yohn'% and fome
other Places, have been conftantly inhabited for many Years part ; it is very warm
in the Summer, and though the Snows lie long in the Winter, moft Sorts of Eu-
ropean Fruits grow wild here i however were there fewer in Number, and the
3 Soil
G R E A T - B R I T A I N, &^c.
Soil much worfe than it ii, the Advantages of our podcning it would Aill Aibfid,
u thcfe do not refult from what ^rowi here, but from the Fidiery upon iti Coaftt
and Uanlci, and the natural Conlcquencei of it.
Mr. PariJburJi han given ui an Account of iti State in 1 57H, when he fays, there
were about fifty Sai! '^iglijb, one hundred Sail of JS'^ni/t, bcfidei twenty or
thirty Sail of A//(-<i^«(v> . ^ f Por/MruW'P, and a hundred and fifty FrMcA Ships.
cmploy'.>d upon that Coafl, 1 that the r ilnery muA have begun long before, to b«i
at fucn n Height fo early, and the Importance of it wan quickly difcovercd by
Qliccn LV/;s<i^i'/A'i wife MiniAry, and by them fo encouraged, that towardu {lie
dofc of her Reign, upwards of two hundred Sail of fifliing Veflels were tm-
ployed, and thefe navigated with more than eight thouCind Seamen.
The Fi(hery has much cncreafcd fincc the Mc PoflclTion of it was confirmed to
the Crown of Great-Britain i and though it is impoHible to afcertain the Qiuintity
caught there, I am perfuaded from what I have known carried abroad, that it
mult be at lead, between three and four hundred thoufand Quintals, which is fo
much Treafurc got from the Bottom of the Sea, befides the Kequilites for carry-
ins it on, fent from hence thither, fuch as Biicuit, Beef, Purk, Butter, Chcel'c,
Luien, and WoollenCloths, Nets, Hooks, and Lines : It alfo breeds agrcat Number of
Sailors, and employs a great Number of Ships, which occafiuns a very conftderahie
Circulation, in tne Trades dependant on them, fuch as Shipwrights, Boat-builders,
with other Mechanicks and Manufacturers i fo that this Bunnefs may juiUy be
compared with the Mine* o( Peru for Riches, but to exceed them by far in the
other confequcnt Advantages, of encreafing Power, and comfortably providing
for the many thoufands engaged in the different Branches of it.
I have taken no Notice of St, Lucia, St. Vincent, Dominica, or Tobago, among
the Antilles, as thcfc cither are, or ought to be. Neutral, according to Trea-
ties, though their Pro(Krty is undoubtedly in the Dritijb Crown ; and I (hall fum
up my whole Remarks on our /imerican Colonies with this Obfcrvation, that ai
they oie a certain annual Revenue of feveral Millions Sterling to their Mother
Country, they ought carefully to be protcdled, duly encouraged, and every Op-
portunity that prefents improved for their Increment and Advantage j as every
one they can pofllbly reap, mud at lad return to us with Intereft.
I now return to Europe, after my Tour through Africa, AHa, and Amtricat
where I have only our Trade to the Ba/tici, or with the northern Crowns, left
to treat of; and as Mujiovy ftands foremoft in Dignity, I ihall give it the fame
Preference here, and begin with
An Account of tbt Trade between Creat-Britain and Mufcuvy, carried on fy tie
Ruflia Comfany.
OU R Trade with the RuJJians is very confiderable, and has been fbmething
iiicrcafed by the late Adls of Parliament, permitting Silk from Perjia, to be
brought in here through Mufcovy.
This Commerce is carried on by a Company, projeAedin the Ktign of Edward
VI. though not eftablifhed by Patent, till the 6th of February, in tTie i and 2 of
Pbilip and Mary, whereby was incorporated. The Merchants Adventurers for the
Di/coirry of Lands unknown, and not before frequented, with Power that the faid
Fcllowfliip (hould have the fole Trade to all the Main Lands, Ifles, &c. of the
Emperor of RuJ/ia -, which Letters Patent were, by an Adt of Parliament 8 EKz.
(not printed) confirmed to the faid Company, by the Name o( the Fellowjbip of
Enghdi Merchants for Difcovery of new Trades, with an Excluficn of all other
.Subjcds from this Trade without the Confent of the Governor, Confuls, and
Afliflants; though by 10 aad 11 WillAW. Cap. 6. Se<5t. i. it is enadled, that
every Subject of this Realm, dePnng Admiflion into the faid Fellowship, called
the RuJJia Company, on Requcft tol>e made to the Governor, Confuls, and Af-
fidants, or any three of them, (hall be admitted into the faid Fellow(hip, paying
for fuch Admiflion 5/.
Any Pcrfon refiding in any out Port, or other Place within this Realm. Ihall be s. j.
admitted on the fame Termst
8 B And
^Sl
J,
.'t^
6s8
nGf.
p. 677.
#
m
f ».
't,
I
'V.
r>. il
Of the General Trade of the WORLD.
And it is fincc enafted, that from and after the 24th of 'Juhi, 1741, any Pcrfons
free of the faid Fellowfhip of Englijh Merchants for Difcovery of new Trades,
c omnionly called the Rul/ia Company, cxclufive of all others, may import into this
Kingdom, in Britijh buUt Shipping, navigated according to Law, from any Place
belonging to F.uffia, raw Silk, or any other Commodities, of the Growth or Manu-
fafture of Perth, (provided fuch Manufadlurc be made of the Produce of Per/in)
being purchaled by IJdrtcr, with Woollen or other Manufactures, exported from
Great-Britain to tiuffia, and from thence carried into Perjia, (Gold and Silver in
Coin or Bullion exceptid) or v.ith the Produce arifing from the Sales of fuch Ma-
nufadtures, fo exported to RuJJia, and carried into Perjia, upon paying or fecuring
the Cuftotiis uiiu o'her Duties now payable, by any Law now in Force, according
to fuch Rules, and with fuch Drawbacks, and under fuch Penalties, as are by Law
preft.ibed, on the Importation of the like Goods of the Growth, Produce, or Ma-
nufadture of Perjia, imported into this Kingdom from any Place in the Levant
Seas, by any Pcrfons free of the Levant or Turkey Company ; any Thing in the
Adt of 1 2 Car. IL to the contrary notwithftanding.
No Silk, or other Manufadtures of Perjia, (hall Be imported into Great-Britain
thro' Ruffia, by Virtue of this Aft, unlefs the Importers take an Oath, or Affirma-
tion, before the Collector, Cuftomer, or Comptroller of his Majefty's Cuftoms,
at the Place of Importation ; that to the heft of their Knowledge, the Silk, and
other Manufactures of Perjia, rontained in their Entries, were truly purchafcd
by Barter with Woollen, or other Manufactures, exported frim Great-Britain to
Rujfia, ard from thence carried into Prr/w (not being Gold or Silver in Coir or Bul-
lion) or with the Produce arifing fr ^m the Sries of fuel Woollen, or other Ma-
nufactures exported as -^forefaid : Au ^ in 'Jefault of ticking fuch Oath or Af-
firmation, all the Manufactures of Perjia, fo imported hom Ri:j/ia, ftiall be
liable to be forfeited, as if the fame had been imported, contraiy to the faid ACt
of 1 2 Car. II.
This ACt dfws not extend to the permitting the ufine or wearing in this King-
dom any wrought Silks or other Commodities, of tne Manufacture oi Perjia,
mentioned in the ACt of 1 1 Will. III. which ACt is hereby confirmed, &c.
13 r,n. II. Whereas foon after the Commencement of the aforefaid ACl of 14 Geo. II. a very
beneficial Trade between Great-Britain zniPerfa thro' Ru^'a was opened, whereby
great Quantities of raw Silk, and other Goods and Commodities of^the Growth or
Manufacture of Perjia, were imported in Return for the Woollen and other Ma-
nufactures 2J^AGoodsoi Great-Britain, upon much eafier and more advantageous
Terms, than the fame could have been otherwife procured ; but the faid "Trade
having been for fome Time paft interrupted, the Subjects oi Great-Britain not hav-
ing been of late permitted, to tranfport Britijh Manufactures and Commodities into
Perjia thro' RuJJia, in Confequencc whereof, the Importation of raw Silk, and other
Commodities of Perjia from RuJJia, hath been difcontinued : And as it would be of
great Advantage to the Trade of this Kingdom in general, as well as contribute to
the Increafe and Improvement of the Silk Manufactures in particular, if raw Silk
of the Growth or Produce of Perjia, purchafed in RuJJia, were permitted to be im-
ported from RuJJia, in Return for Woollen and other Manufactures exported from
Great-Britain to Ruffia, although the fame be not carried frciTJ thence into Perjia,
it is enacted, that from and after the 25th of Dicembc 1750, all Pcrfons free of
the Ruffia Company, exclufive of all others, may import into this Kingdom from
Ruffia, in Brittjh l.L-<lt SV-'pping, navigated according to Law, raw Silk of the
Growth or Produce of Perjia, which fhall be purchafed by Barter, with Woollen,
or other Manufactures oi Commodities ^-'ported from Great-Britain to Ruffia,
altho' the fame be not carried from thence into Perjia, (Gold and Silver in Coin or
Bullion excepted) or with the Produce arifing from the Sale of fuch Commodities,
and not otherwife, upon paying the Cuuoms and other Duties, fife.
No Silk of the Growth or Produce of Perjia fhall be imported from Ruffia, by
Virtue of this ACt, unlefs the Importer make Oath before the Collector, &c, that
it was purchafed by Barter, CSc.
This ACt fliall not deprive the Raji-India Company of any of the Powers and
Privileges, &c. which belong to them, or which they might have enjoyed if this
Act had not been made.
p. 584.
p. 585.
58C.
G R E A T - B R I T A I N, ^c.
In Confequence of thefc Adls, the Company have fomething increafed their
Trade, md would undoubtedly have enlarged it more, had not the Troubles in
Perfia put a Stop to their Defigns, at lead in fome Degree, which however may
be revived, when the Embroi)« in that Kingdom, which have continued ever
fince the Death of Sbab Nadir, by then fubfiding will permit it.
In Return, we imnort from thcr.rfi ^'^e^tra of the Perfian Commodities) Pitch,
Tar, Bees- Wax, 2? 4f^/i Leather, Skins, I urs. Pot Arties, Iron, Copper, Hemp,
Fi>^, Linens, and Linen Yarn, Linfjed, Cavear, Sail Cloth, &c.
And our Exports there are \v oollens ot various Sorts, Silks, Paper, Mercery,
and Hard-wares, Arns, Powder, Brimfton-';, Lead, Pewter, Herrings, Incenfe,
Copperas. White Lead, Dying Woods, Gold md Silver Thread, Sugar, Pepper,
Of the Trade between Great- Britain Denmark, and Norway;
'T"^ HO UGH the Danes ^ve. Mafters of one of the faicftand fineft Ports in£«-
■*■ rope, I mean Copenhagen, yet their Trade has always been inconfiderable,
comparatively with that or other Powers, as their Country affords but little to-
wards carrying it on j however of this I ftiall have Occafion to fpcak, when I come to
treat of thofe Kingdoms : our Exports there are but trifling, being reduced to a few
Woollens, Paper, Drugs, Pepper, Tin, Herrings, &c. and as our Imports greatly
exceed our Exports in Value j this muft confequentially be a very loung Trade to
us, and as fuch rtiould have been dropped long ago } more efpecialiy as every
Commodity we receive from thence, might be better furniflied from our own
Plantations, they confiding principally in Pitch, Tar, Fir, Timber, Deals,
Mafts, Yards, Spars, Baulks, fome few Furs, Skins, (Sc.
^59
tmmM.
t . ,: -".'i'. V,"'
; ' :;■■■' ' ii-y '• '''vi
■ V-' ■;? v^O" i. : [
0/ Great-BritainV Trade with Sweden.
THIS is a more confiderable, though not a bit more beneficial Commerce
than the lart: mentioned, as the Bailance is greatly againft us, and might
eafily be remedied by the frequently propofed Means, of encouraging a Supply
from our own American Settlements, as the Imports from thence are pretty near
of the fame Sort with thofe from Denmark, viz. Pitch, Tar, Hemp, Flax, Furs,
Copper, and Iron ; and they in Return take from us. Broad Cloath, fine Stuffs,
and fome other Woollens, wrought Iron, and Brafs, Horological Works, Paper,
Pepper, Tin, Herrings, Drugs, Gfc.
Of the Commerce between Great-Britain, Poland, and Pruffia.
THIS Trade is of no great Importance, nor varies much from the two laft men-
tioned, though it is not fo Imall neither ss to be left out in a Work of this
Nature, as it takes oflf pretty large Quantities of our Manufadures, tho' princi-
pally from the Dutch : Poland has no other Ports than Dantzick and Elbing, from
whence we import Naval Stores (as from Denmark and Sweden) with fome Iron,
Steel, Pot Arties, Sturgeon, Linen, and Sail Cloth ; and in Return, fend them fe-
veral Sorts of Woollens, Herrings, Mercery, and Drapery j fome Tobacco, Sugar,
Rice, &c. as we do to the Stetiners in Prujia, tho' from thence we receive but
very little in Return. Dantzick alio furnirties us wr a Spruce Beer ard Bees Wax,
as both this and Stetin does with Eaft Country Plank
Of the Trade which Great-Britain carries on with the Auftrian Netherlands.
THIS is a very extenfive and beneficial Commerce, as it takes ofF great Quan-
tities of our Produfis and Manufudures -, it is (aid that with Butter only, tRey
have frequently two hundred Sail yearly, of which the greateft Part is from Ire-
land, and oftentimes as many more loaden with other Provifions : We alfo fiir-
niOi
::,J't
)■ Nv
.?* ■
J ''\ ''
'-.'*■'
4
660 Of the General Trade 0/^/^^ WORLD.
nifli them with Leather, Hats, Cotton, and Cotton Yarn, Grogram, Goats-hair,
Tallow, Malt-Spirits, a little Silk, and large Parcels of Sheffield and Birmingham
Vv^ ;8. In Return cf which, We receive from them. Bone Lace, Cambricks,
Lawns, fine Thread, Tapeftry, (Sc.
This finishes my Account of the Trade of Great-Britain, which I have endea-
voured to render as plain to my Readers as I poflibly could in To limitted a Space :
and I now proceed to give an Abftraft of that carried on in Ireland, whicli I (hall
do in the fame Manner as I have hitherto obferved, by difplaying the Greatnefs of
its Product and Manufadures, and then adding an Account how they are dil-
pofed of.
np HE Produdks o( Inland, as has been already fliewn, are fimilar to thofe of
^ Great-Britain, and their Manufaftures would be fo too, were they not re-
ftrained by Aft of Parliament from interfering with thofe of this Kingdom; thj*
thefe Limitations the Irijh highly complain of, and deem thcmfclves too feverely
treated in being denied to export any of their Woollens but to England only.
They poflcfs the Principles of the Woollcn-Manufadluie A;/z. Wool, Fuller's
Earth, (sic.j in as great a Degree of Perfcdlion as we, and the Cheapness of their
Living gives them vaftly the Advantage in working them up, both in refpeft of
the Value of the Materials, and the Price of Labour; fo that were not their Exports
thus prohibited, their Commerce would greatly clafli with ours, and this Inter-
ference prove prejudicial to both ; therefore to alleviate this feeming Hard/hip as
far as a prudential Care of our own Trade will fuifer, the IriJh are permitted, not
only to mtroduce their Wool here, but to import their Yarn alfo, which they an-
nually do to the Amount of forty thoufand Packs; and though this Reftriftion un-
doubtedly contracts their Trade, and reduces it into a much narrower Compaffi, than
would otncrwife bound it ; yet this being the only one they are buithencd with of
fuch a Nature, their foreign Trade is veiy confiderable, notwithftanding it is con-
fined to the mere Produce of their Land, and Linen-Looms j the firft of thefe
confifts chieHy in Beef, Pork, Butter, Leather, Tallow and Corn, and for the Dif-
patchof what is fuperfiuous, and unconfumedathome, they have different Channels,
viz. to Flanders znd the Low-Countries they fend. Butter, Tallow, and Leather,
in great Quantities (more efpecially of the former.) France and the Britijh Co-
lonies take off large Parcels of their barrelled Beef, as thefe latter do now of their
Linens, which arc alfo permitted Importation here Duty free, fo that many Mil-
lions of Yards are annually brought in ; they likewife fend yearly good Store of
Pilchards and Herrings to Spain and Portugal ; fo that their Exports, though de-
prived of any Woollen Mixture, are very great. However, to give my Reader
a better Idea of them, I fliall borrow fonie Extrafts of the Imports and Exports
from Mr. Dobhs's curious Calculations, and add fome of his Sentiments concern-
ing the Commerce of that Ifland, of which his Writings prove him to have been
a perfeft Mafler.
Jo the Year 1 68 1 the Exports amounted to 5828 1 4 /. and the Imports to 433040/.
1695 295592 39'?24
1696 398237 334963
'697 525004 423182
1698 996305 576863
And the faid Gentleman fuppofes it very probable that their Exports, from the Rc-
ftoration to the Revolution, did not exceed 600,000 /. *<er Ann. which on the Pro-
hibition being then laid upon their exporting live Cattie and Sheep into England,
chiefly confifted of Wool, and the Produce of their Cattle ; rjid it may be ob-
ferved, that their Exports increafed in 1696, 1697, and 1698, though their Im-
ports did not rife in Proportion, which occafionol the Ballance of this laft Year
to be greater in their Favour, than ever if was in Ireland, except in 1 7 1 5 ; and
the Reafons afligned for it are their falling into tlie Woollen, and at the fame
Time laying a Foundation of the Linen Manufafture ; befides, v being the fuc-
ceeding Year to the Peace of Ry/wick, Trade began to revive, and occafi >ned a
briiker Demand for IriJh Provinons.
« Tha
rnm. Goats-hair,
a and Birmingham
Lace, Cambricks,
Cheapncfs of their
both in rcfpeft of
c not their Exports
rs, and this Inter-
etning Hardship as
> are permitted, not
(b, which they an-
this Reftriftion un-
3wcr Compaff , than
;bu(thened with of
hftanding it is con-
i i the firft of thefe
•n, and for the Dif-
: different Channels,
How, and Leather,
and the Britijh Ca-
ter do now of their
fo that many Mil-
'early good Store of
ixports, though de-
to give my Reider
nports and Exports
cntimcnts concern-
^e him to have been
and occafi >ncd a
IRELAND, e^f.
The following is a continued Abflradt of the faid Imports and Exports froth
1710 to 1727, ending at Lady-Day.
66i
Years
Exports
Imports
fiallailce
Contra Ballance
/. /. d.
/. s.
d.
/.
J.
d.
/. s. d:
1710
712497 2 64.
SS^H7 «2
4
158249
10
2;
1711
878237 4 10
670948 13
8;
207288
II
2
1712
889339 7 0^
774420 12
K
114918
H
6;
i7'3
890437 S 3t
659665
loi
230772
4
5
1714
1422227 7 5
1016122 13
7
406 ro4
'3
10
1715
1529765 14 i|
972688 9
IIt
557^77
4
24
1716
1255083 7 10
875565 >9
"4
3795 '7
27285 1
7
IO|
1717
1180012 JO 4
907160 10
'^
J 9
51
1718
II 15304 6 114.
887758 16
H
2*7545
10
4i
1719
1038381 7 1^
891678 5
6i
146703
I
7
1720
859581 5 14.
986346 14 2
683364 1
6t
176217
3
7
1721
730558 10
9i
255788
3
4t
1722
1074269 12 24
829367 17
920802 11
2i
244901
»5
1723
1090675 13 si
6
169873
I
Hi
1724
1053782 13 ii|
819761 13
3l
234021
8i
1725
1026537 6 4
889832 18
54
136704
7
loi
1726
1017872 15 4:1-
1030059' i6
44
12187 I 0^
Total'
18020351 14 2
14114004 5
I
3906347
9
1
12187 I 04
This Abftradt affords Matter of Remark in the feveral Rifcs and Falls both in
Exports and Imports it acquaints us with, which irregular Startings Mr. Dobbs
imputes to the Quantity of Linens exported, or to the failing or abounding of the
Crop of Seeds at home j fo that as both, or either of thefe, were more or lefs, the
Imports and Exports rofe and fell in Proportion,
I now add a Calculate of the Ships (and their Tonnage) employed in carrying on
this Trade, as alfo of the Proportion th& feveral Nations concerned therein bear
with the Irijh, by giving their Tonnage in 1722, and 1723.
Years com-
Nur \ber
Tuns
Tunnage of
in
Tuns
Tuns
mencing
of
Ships at a
1722
in 1723
Lady-Day
Ships
Medium
1714
3081
161115
52.27
Englijb
218299
96440
1719
3341
,35887
40.67
Scotch
«8355
19247
1720
3.67
1 87041
59.09
IriJh
33312
42136
1721
3334
■58414
47-5'
Danijh
11201
9292
1722
?'-'57
286594
78.36
Dutch
2444
39 '5
1723
4012
173986
43-36
French
. 2868
2751
1724
.}829
170273
44.46
StpMuJh
"5
205
Total
24421
1273310
Medium
348^.7
181901
52.14
Total
286594
173986
And I fhallnext Aibdivide their Experts, and range tl.. ■" i under their feveral
Heads; viz. the Produce of Cattle and Sheep, of Gr^in, fifh, LirtCn, Rape;
others not reduceable to thefe 'Hfeads, as Iron, Wood, '^<-i and. (jfMds re-ex-
ported; and of all thefe in their Order, commencing, with an Abflraftof their
grazing Produce, and herein diftinguifhing between Sheep and other Cattle for
eight Years, ending Lady-Day 1727, and urike Mediums as I go along.
g p.
An
'I'M
662 Of the General Trade of the WORLD.
An Abstract of the Value of the Produce of Cattle and Sheep exported.
Yean
1719
J 720
1721
172a
1723
1724
172 c
1726
Total.
Med.-
Produce of Cattle
/. *. d.
530830 16 7
445946 10 3
48C699 13 5i
506357 6 104
50296a 14 lo|
524710 II 24-
505769 O C|
473937 »9 ^
Years
1719
1720
172 1
1722
»7«3
1724
1725
1726
Produce of Sheep.
/. /. d.
IC9942 8 I
89401 x: o
135196 II i:-
162476 3 4^
187284 3 4
1 32 148 19 i;.
95730 »3 »r
101942 7 9
3976194 13 Ct Total — 1014122 12 11^
497024 6 8 Med. — 126752 17 I
Mcdiumof Cattle and Sheep 623777 3 9
The Produce of the Ex'ports of Grain and FiHi.
Years
Grain
Years
FilTi
/. /.
d.
/. /. </.
1719
56»45
II
1719
15169 16 6
1720
17a 1
38208 15
%
1720
1721
13669 10 9
12055 10 2^
J722
17664 12
"t
1722
16246 17 5
'7*3
42154 3
n
1723
11313 12 10
1724
474««> 4
I
1724
'S7'3 9 7
1725
1726
i85'5 3
9
1725
17544 10
27005 a
4;
1726
15911 16 6
Total —
.291356 5
lOi
Total —
117625 3 9^
Med.—
■ 36419 10
8i
Med.—
14703 2 II
'If
f . 1
The Produce of the Exports of Linen and Rape.
Years
Linen
/. X. d.
Yean
Rape
1719
268021 13
/. X.
d.
1720
214217 13 6
259519 8
i7ao
7383 8
4
1731
1731
3234
i7aa
312964 12
172a
641 10
>7*3
281549 13 6
*7n
450
1724
275573 9 10
323628 16 :
1724
1464
1725
1725
10849
1726
342295 9
1726
2205 13
2
Total —
2277770 6 7
284721 s 9i
Total -I
25207 II
6
Med.-.
Med
3601 I
71
iJ?
The
1 7l> I
ORLD.
IRELAND, m. O
I Sheep exported
of Sheep.
J.
d.
8
I
II
o
II
^^
3
4^
3
4
19
«^
»3
'4
7
9
12
"r
>7
I
3
9
4
o
o
o
o
o
2
The
The Produce of the Exports
of Iron, Wood, &c. not
reduceable to the former
Heads.
The Produce of Goods re-exported.
Years
I.
s. i.
Years
/. /.
d.
1719
16073
* 5
1719
42198 10
7t
1720
27217
14 lO-i-
1720
34762 8
91
172 1
17904
6 2|
1721
355*8 9
i^
1722
21381
9 iii
1722
36506 19
8v
1723
22277
1 84
1723
42684 3
5^
1724
24872
9 "
1724
31889 10
2i
^7*5
21659
2 7
i7«5
32840 9
4^
1726
J4905
14 3v
1726
39669
9v
Total—
1 6629 1
I
Total —
296079 12
4r
Med.—
20786
7 7^
Med.—
37009 19
o|
From which Calculations may be feen, the annual Profit arifing to the Nation at
a Medium of eight Years of the feveral Irijh Exports, viz. from Cattle and Sheep,
which includes their Grazing ; from Agncidture, Fi(h, Linen Manufadure, and
other Goods not reduceable to thcfe Heads, as Iron, Wood, &c. and from Goods
re-exported.
And for the greater Satisfaction of thofc who would more nicely inveftigate the
Advantages accruing to the Irijh upon their grazing Farms, I have here added an
Account of the moit material Atticles under that Head, at the Medium of their
Quantities and Values.
N'
Beef, Barrels
Butter, Hundreds
Tallow, Hundreds
Calve Skins, Dozens
Barrels of Pork
Bacon and Lard
Candles
Soap
Checfe
Goats and Kidfkins
Horfes
Rabbit Skins
Wool, reduced to the Stone of 16 lb.
Woollen Yarn, at ditto
Worfted Yarn, at ditto
Sheep and Lamb^Lins
Manufacture from Sheep, vix.
Prize, Flannel, Glue, Gloves and Hats 2353 5 o
There arc fomc other triAing Articles, hardly worth Regard ; however I fhall
juft mention them, as they import ibmething, and they are, Horfe and Cow Hair,
Ox Bones, Greaves, tSc.
By the foregoing Calculation of the Exports, it may be feen how fmall the Value
of thofe of Fiihare, to what might be expefted from any Nation not entirely in-
fenfible to the Advantages Providence has given it above others for Improve-
ment therein ; and the Irijb Supinenefs by far exceeds the Englijb in this Parti-
cular, though both have hitherto been furprizuigly indolent in what To nearly
concerns them ; but from the Encouragement lately given by the Legiflature,
and the hearty Concurrence of many Gentlemen of Fortune and Capacity for car-
7 rying
at a Medium
I.
s.
d.
135270
161123
120771
161182
16
4
4
5
781931
666351
44848
C1678
64254
13924
16000
6
12
10
lOv
51274
11603I
10322;
2
4
995
6286
10
19
8
II
600
3480
9
1 100
3806
123590
27240
76219
4100
40861
14269
62423
6844
16
8
10
16
9i
5
2|
663
^!1
I
I m.
1 -■■ -\ii
■ !r
1- •
it •
J. • 1
If;. '
J'S-.;;??'^" '; ■
m
ill'
^'v'
1 ■ ■'
fw't '
664 0/ /ir^ General Trade of the WORLD.
fying into Execution the well concerted Schemes to employ the Poor and pro-
mote the Fifliing Trade, we may juftly promife ourfelves a Change of Scenes, as
the ProfpeA already brightens, and Neptune feems propitious to the Beginning of
our Commerce with him s fo that in the Fifherics lately fettled here we have
greatly outftript our Hibernian FcUow-Subjedls j yet they in their Turn exceed
us, in their darling Linen Manufactures, about which I fliall add a Word or two
more before I clofc the Subjed, and that fliall be to fhew how much they have
improved it in a very few Years.
l- s. d.
In 1701, there was exported 188000 Yards of Linen, value 14112 o o
Linen Yam 7821 C. I q. 16 lb. value 3910618 4
Total 53218 18 4
This hath gradually rifen to Lady-Day 1727, when the Yards of
Linen Cloth exported in 1726, were 4768889^, value 238444
Linen Yarn that Year 17287 C. 3 q. 41b. value 103726
Stockings 124 Doz. 124
9
II
9
o
Total 34229,5 o 9
So that in thofe few Years, the faidManufadliiresincreafed in Value 289076 2 ^
Viz. the Manufadlure of Linen and Stockings 224456 9 9
Notwithftanding which, the Exports of
Yarn have increafed 64619 1 2 8
And this Manufafture is all clear Gain to the Nation, except about 24400/. paid
abroad for Flax, Flax Seed, Pot-Afli, and Soap.
Our Author could fuinifh me with many other curious and pertinent Obferva-
tlons, had I Room to infert them, but for want of this, I muft omit what would
undoubtedly afford fevcral of my Readers a Pleafure, and proceed to give feme
Account of the Irip Imports j . doing which I (hall obfcrve the fame Method,
as has ferved me for a Rule in treating of their Exports.
Their Imports at a Medium of feven Years, ending at Lady-Day 1727, amounted
to 843392 /. 9 s. lod. 41 J and the Values of the feveral Goods here mentioned, at
the Medium of the feveral Years annexed to each Species, are the Proportions
of the Parts, which contribute to make up that Total, viz.
The Number of Tears upon which each Medium isjlruck.
Years
9 French Wine valued at 20/. per Ton
4 Of ditto, at ditto
9 Spanijh Wine, at 30 /. per Ton
9 Port Wine, at ditto
6 Rbenijh Wine, at 36/. per Ton
.d:
Taking the French at the four Years Medium
6 Brandy, at i j-. 4 d. per Ga''on
/. s.
83156 5
91658 14
15704 13
3169 11
1704 19
d.
10'
6
7'
9
K
Total 112237 '9
23446 18
6^
6
Wines imported In 1726
Brandies for the faid Year
Total Wine and Brandy 135684 18
142586 8 5|
30871 13 9
173458 2 2\
This was a vaft Year's Import, but partly occaHoned by the Stop put to the Trade
cSmmonly carried on by tjje Jjleof Man ; however the Wines and Brandies, being
lodged there from France in former Years, would have encreafed the Medium,
had they been annually added to the Importation equally as now.
8 Medium.
I R E L A isr b, &c.
66s
$444
9
9
3726
II
124
"95
9
}
Medium of the Imports continued.
Yean
6 Paper at %s. per Ream, value
6 Whalebone, at ijl.per Cent.
t Tobacco, tX^d. per Lib.
6 Tea, at 5/. ditto
6 Silk Manufadlured, at 3/. 10/. ditto
6 Raw Silk, at i8j. ditto
6 Silk thrown, undyed, at 1 1 j, ditto
6 Salt, foreign, at 1 2 </. per Bulhel
6 White Salt, at 8 d. per ditto
6 Salt, Rock, at 12/. per Ton
6 Flour, at i A 10 j./fr Barrel
6 Hulled Barley, at j /. 5 s. per Cent.
6 Wheat, at 1 /. 8 /, per Qyarter
5 Barley and Malt, at 12 s. per ditto
6 Muflin, at 2 X. 6 d. per Yard
6 Holland, at 5 s. per Ell
6 Cambricks, at 7 s. per ditto
3 Bone Lace, at 161. per Yard
6 Hops, at 3 /. per Cent.
6 Hemp, at i /. 1 2 j. per ditto
6 Incle^ ""Wrought, at 5 /. per Lib.
\ wrought, at 7 s. per ditto
6 Sugar Candy, at 6 /. per Cent.
6 Loaf Sugar, at 5 /. per ditto
6 Mufcovado Sugar, at 2 /. per ditto
6 Powder Sugar, at 3/. ioj. per ditto
4 Gloves, at4J. /frPair
i Cafes, at u. 6d. per ditto \
Drinking, at 2</. /^rPieceC
Ware J
6 Fuftians, at i8j. ^<rEnd
4 Flax, at I /. 6 s. per Cent.
6 Herrings, at 14 s. per Barrel
5 Earthen Ware
6 Madder, at 2 /. per Cent.
6 Coffee, at 16/. per ditto
6 Coals, at 14 J. per Ton
6 Glafs Bottles, at i x. 3 d. per Dozen
6 Bark, at 6 s. per Barrel
6 Grogram Yarn, at 4 /. per Lib.
5 Cotton Wool, at 5 /. per Cent,
h Saltpetre, at 4 /. 4 s. per ditto
5 Pot Afli, at 1 /. 5 /• per ditto
5 Lintfeed, at 2 /. 16 s. per Hogfhead
5 Gunpowder, at 3 /. 5 s. per Cent.
4 Liquorice, at 1 /. per ditto
4 Succus Liquor, at 8 d. per Lib.
2 Scythes, at 16 j. per Dozen
2 Knives, at 2 d. each
!01d, at 15 J. /«• Yard
New, at 2 X. per ditto
Prunello,at3x.6rf.^dittoi
Shag, at 4x. 6</. per ditto
3 Iron, at i^s.per Cent.
2 Thread, Gold and Silver, at 3/. per Lib.
8 G
•!
8624
40666
/. J.
O 2|.
>3 4
5503
»3
Si
59529
7
2
1^263
*5
37955
21084
12
K
i
9i
17613
J
9132
8921
10
8
4i
J 425
12
10
4083
10
II
677
27048
4
2
4
6
7255
a
loi
18197
>7
II
5806
\l
loi
7394
7i
6016
10
II
40681
18
5i
10480
4
6
3044
5
»i
754
.'
7
943
3
7910
6t
52940
7
9
3329
II
'*
679
10
1932
18
6
1 108
16
3
22(1
4080
9
8|.'
15
13888
»3
i
4407
5
5242
1
2|
5128
6176
3
42059
8
3419
7
6^
16116
10
3
6022
1560
:i
4
3r
2206
8
5
2091
t
10
8156
6^
1854
13
ii
207
6
II
779
2
1^
2072
9
2651
4
9
23679 2 O
29678 16 7
5351 2 6
1^ Thread
t, V • '.
:''^t^
li
666 Of the Gi'NERAL Trade of the
ml
' ■)"-'■
f'^.I.
Years
, . c Sifters, at \2s. per Lib.
3 Thread I whited h/own, at zs. 6 d. per ditto
3 Needles, at 5 /• per dozen thoufand
3 Pins, at 1 4. J. per ditto
Thimbles, at 2/. xos.per thoufand
Hats, at 1 5 J. each
Seville Oil, at 3 x. 6 </. ter Gal.
Linfccd Oil, at 2 /. 6 d. per ditto
Train Oil, at i j. 6 //. per ditto
Books, Value
Candle Wick, at 3 /, per Cent.
Wool Cards, at lit. per Dozen
. Driigs, Value
Altum, at i^s. per Cent.
Cochineal, at iSs. per Lib.
Indigo, at 3 J. 6 d. per Lib.
"Logwood, at lis. per Cent.
KcdwQod, at 2 /. per Cent.
Steel, at I /. 10 s. per Cent.
: Lead, at 12/. per Cent.
LaWns, at 6 s, per Ell
Millinery Ware
Slates, at 8 s. per thoufand
' Snuff, at 2 /. per Lib.
, . \ . 5 Silk, at les. 7
•» Stocking* i^orfted, at 6 X.J
Pitch, at 15X. per Barrel
,'Taf, at 12 s. per ditto
^ Rozin, at 18 j. per Cent.
. Cyder, at 8 /• per Ton
"^'.Toys
Pewter and Tin
Cork, at 3 s.per Cent.
I Oranges and Lemons
' Wall nuts, at 2 /. per Barrel
Vinegar, at 10/. per Ton
Pruins, at 1 5 x. per Cent.
Groceries of Spice and Fruit
r Iron, at 2 /. 4 x. per Cent.
.... 1 Steel, at 12/.
^"■^J Lattin, at 7/.
L Brafs, at 7 /.
Spanijh Wool, at 2 /. 1 5 x. per Cent.
Copper Plates, at 6 /. i o x.
Battery and Brafs Shruff, at 5 /. and 8 /. per Cent,
Painting Stuff
Tin Plates, at 3 /. per Barrel
Gardes Seeds, at 2 x. 8 d. per Lib.
Lattin, at 7/. per Cent.
Lainpblack, at 4 x. 6 d. per Lib.
Iron Ore, at lox. ^fr Ton
Goats Hair, at 4 x. per Lib.
Fans, at I X. 8 d. each
Apples, at 2 X. 6 d. per Bufhcl
1
WORLD
•
/.
s.
J.
1185
8
*53
o-
7
337
3
6
67
9
2
266
6
7*3
4533
II
4;
i«o7
1873
>»r
II
3i
7800
640
800
5470
J200
2800
4200
2200
4880
1500
6600
1000
2000
700
2300
500
»330
1600
1 1 50
2500
1800
Q
2700
3300
3000
2000
2500
1500
20600
33
CO
368
3725
1600
270
1000
1450
240
740
990
800
860
360
Total 862786 17 2.;
The Imports, at a Medium of feven Years as before, being 843392 9 10;;.
This exceeds that Medium 19394 7 ^^l
Belides
368
3725
i6oo
270
1000
1450
240
740
990
800
860
360
52786
'7
2|
+3392
9
[0-.
9394
7
3ii
IRELAND, ^c.
Befidcs thele Mediums here given, there are (cveral fma]! Parcels and Articleti
not mentioned, which, if added, would have cncrcafcd this Excefs of the Medium
ten or twelve thoufand Pounds i and to obviate what may be faid againfl this Ex-
cefs, and give the Rcafon who it can by no Means tally with the Medium of feven
Years, as alfo how the Exports have been calculated, I (hall inform my Reader,
that our Author thinking it would hive been endlefs to take Extradts of all the Par-
titulars of the Imports from the Cuftomhoufc Books for each Year's Abftradls, he
therefore fingled out the full Extradts for the Year ending at Lady-Day, 1726,
-.ind all the Species of Goods exported and imported ; then he took out all the
Exports for eight Years, and Aruck his Medium upon them, and took only the
Imports which appeared largeft and aftcdted their Trade moft ) thcfe he took care-
fully for fix Years, as is before noted to each ; others, not deemed fo material, are
only taken for five, four, or three Years ; and thofe here infcrted without naming
any Years to them, were taken from the Extradt of 1725. This is the Reafon
why they can by no Means tally, as having been taken at a Medium of Years,
fomc more, fome left, and alfo the fewer Years in the Medium as the Imports in-
creafed fo confequently muft the Medium. And though for thefe Reafons they
could not be made to tally ; yet, a juft View of the Nature and Quantity of the
Imports may eafily be deduced from what is here infcrted concerning them.
And as I have given an Account of the Exports and Im- ^rts of Jre/and in gene-
ral, I (hall now do it in Particulars ; and fliew how the Uaiunce ftands refpcdtively
with every Country they trade to, beginning this Calculation with an Abftradt of
fcveral Years Dealings here.
An jil>ftra£l of the Exports, Imports, and Biillanct "with England for eight Tears,
from Lady-Day 1719, to Lady-Day 1727.
667
Years
1719
1720
1721
1722
1723
1724
1725
1726
Exports
/.
447659 2
363529 10
440946 17
544002 7
55443'
476632
467949
495497
d.
5
6|
8-
5t
10;
7
Si-
Imports
/.
476187
375803
409605
507737
519362
441799
501649
558261
s,
H
8
6
10
5
3
6
10
Ballance
A s. d.
3t
I
6;
3^
31
Contra Dallance
/.
28528
12273
II
18
3134' II Ot
36264 17 4^
35068 16 4-1.
34833 II 4
d.
i^
3t
33700
62763
3
17
o
Total— 3790648 10 9 J. 3790406 4 9; > 37508 16 iTf 137266 10 ij.
Med.— 473831 I 4A 47380015 St't 30 5 7-ri-
The Medium of the Exports to England, in Linen, and Linen
Yarn, is about 267000 o o
In Wool, Woollen, and Worfted Yarn i'7554 '5 'o,J.
.. 384554 15 10^
In Copper Ore, Feathers, Hair, raw Hides, Kelp, Calves Skins,
Goat, Kid, Sheep, Lamb, and Rabbit-Skins, and Tallow 55408 o o
Total of all 439962 15 10^
The other Articles which make up the Remainder of the Exports, amounting to
about 33900/. are Goods re-exported. Beef, Butter, &c.
From which the Author obferves, that Ireland furnifhes us with the firft Prin-
ciples of feveral of our Manufadlures, viz. Wool, Ore, Skins, Hair, Feathers,
Hides, Tallow, and Linen Yarn; and of the 473800/. 151. S-j-V </. Imports from
hence, he obferves, that 248,439 /. are from our own Produdts and Manufadtures;
from
3
mm
I ■ in':, .iff
'1, < ■ . ■.■,|
668 Of the General Trade e>/ /;6^ WORLD.
from our Amtricait Coloniei, and Eaft-India Company 167,536/. and the reft by
the Dutch, Flemijb, Baltick, and MediterraneaH Trades.
Thus (lands the Trade between England and Ireland i and I Hiall next confidcr
thU latter's Commerce with Scotland and the IJUoJ'Man, annexing an Abftradlof
the Irip Exports, Imprts, and Ballance, with that Part of Britain, for the like
Term of eight Years, as follows.
il
Years
Export
)
Imports
Contra Ballance
/. X.
d.
/. /.
d.
/. /. d.
1719
13690 19
37868 19
27706 18
3;
24178 3:.
1720
'0352 4
4
4:
'7354 H 0'
17894 15 8;.
1721
11256 15
a|
29151 'o
m;
1722
14398 2
9:
27468 14
10:
I3070 12 1|
'723
23578 5
8
33497 2
4:
9918 16 8|
1724
21250
3
31003
38938
1 s
't
9752 19 :o'.
1725
10023 12
4
31
28914 7 ";
20378 II 2
1726
9384 *
0:
'29762 13
a|
Total—
■i'3934 1
7i
255396 19
6
141462 17 loi-
Med.—
■ '424« "5
ai
31924 12
5t
17682 17 2^.
-itiJ-
.4 *■■
r^
The Exports to Scotland and tlie I/v of Man confift of Oatmeal and other Grain,
Beef and Kine, Horfcs, Hides, Butter, Cheefe, Soap, Linen, and Mutton, to the
Value of 11,900/. which with fome other fmall Articles with Wine and Brandy,
make up the Medium.
The Imports from thence confift of Coals, Tobacco, Bark, Brandy, Barley, and
Malt, Groceries, Linen, and Kenting, Wine, Timber, Linen, Yarn, and Her-
rings, to the Amount of 3 1 ,700 /. which with fome other trifling Articles make
up the Medium.
The following is an Abftra^ of the Exports t* America for the fame Number
ef Years, viz.
Years
1719
1720
1721
1722
'723
1724
1725
1726
/.
/.
77190
88980
68404
8
18
3
74344
82806
9
6
9682c
103998
8
2
110313
>9
d.
8;
9
2;
9;
10
4r
7t
Our Exports to America confift of /.
Beef, about 61500
Butter 10000
Pork 8600
Linen 35o<3
Fifh 8800
Bread
Cheefe and Candles
1300
lOOO
Total — 702863 17 91
The Medium of which is
our annual Ballance, viz.
87857/. n)s.
Total 86790
Which with fome other finall Ar-
ticles make up the Medium.
%i\d.
T
The next particular Trade to be confidercd is the Eajlland, which comprehends
all the Countries northward of Holland, upon the Continent, from Embden to
Archangel, the Sound and Baltick conlcquently included j an Abftra^ of which
for eight Years, ending at L<i^-i><7y, 1/27, is here given, viz.
Years
ind other Grain,
Mutton, to the
f'^ine and Brandy,
ndy. Barley, and
Yarn, and Hcr-
g Articles make
ne fame Number
IRELAND.
&>c.
Tears
1719
l7io
(721
1722
>7*3
1724
•725
1726
/.
81514
'00337
80700
4653'
449 S«
Exports
9 U
" 3:
' 41
4 s;
' 9^
Importi
. /. /. /
70395 16 10;
6toii 8 8*
42049 10 3;
39574 '7 5r
532«« 9 9^
49742
54292
670U0
74300
59400
67'93
7 8;
on;
9 9:
8 II
3 •«:
7 6:
Ballance
/. s. d.
Ilil8 12 2|
39325 «• 7
30957 »3 7l
Contra Ballanco
/. u d.
7760 16
22049 7
32250 18
19825 6
13981 17
7i
6;
9
Total— 488869 14 9;.
J^,'=,'^°fl 6,108 14 4j:
8 1 cars J ^ ^»*
Med. of? ^
5Ycarsi45263 .2 9.'o
503336
62917
64437
5:
6;
■J ' •
81401 17 5:
95868
1808
7
6
19173 13
6|
The Exports arc comnofed of Beef, Butter, Grain, raw and tanned Hides, Oat-
meal, Calves Skins, Tallow, and Re-exports, to the Value of 37,557/. and tht
Remainder is made up of fcvcral fmall Articles, not material in Trade. The Im-
Eorts to Ireland conliA of Copper Plates, Flax, and Seed, Sugar, Hemp, Iron,
,amp Black, Train Oil, Tin Plates, Tar and Wood, to the Amount of 58,260/.
the Remainder being made up of Linen Yarn, Pot-A(h, Lattin Wire, and other
finall Things.
The next Trade to be examined in a Southward Progrefs, is that with Holland
and bIttmUrs, of which an Abftradt for the fame eight Years is here fubjoined,
viz.
Years
Exports
/. • s.
Imports
Ballance
Contra Ballance
d.
/. s.
d.
/. s. d.
/. 1. d.
1719
140726 II
o;
87957 '9
loi
52768 II 2^
1720
113107 3
9r
71162 14
7r
4' 944 9 2
35845 '6 6|
1721
87032 19
I I
5««87 3
4^
272a
89327 4
I
65624 16
91
23702 7 74
^723
6o|J66 7
7
82224 17
2|
21358 9 7i
J 724
52618 I
It
70048 14
31
'743 » '3 2i
1725
1726
63922 15
3t
69206 2
2|
5283 6 11
937«3 '5
■ 701314 18
6i
4
84048 6
581460 14
2|
7t
9665 9 3I
163926 13 51
^ ^
Total—
44072 9 9
Med. of
8 Years
\ 87664 7
3;
72682 II
rA
14981 15 SJl
J
Med, ol
4 Years
^^67780 4
io|
76381 19
"i
8601 ifi 1'
66^
The Exports thither chiefly confift of fieef. Butter, Feathers, Salmon, raw
Hides, Pork, Rape Seed, and Tallow, to the Amount of 50,340/. with feveral
other Particulars not material ; and our Imports from thence are Bark, Battery,
Brafe ShruiT, Books unbound. Drugs, Madder, and other Dying StuiFs, Earthen
WarCrFIax, Groceries, Gunpowder, Inkles, Thread, Hemp, Iron, Bone-Lace,
Cambricks, Hollands, Flax Seed, LJnfeed Oil, Paper. Pot-Afli, Garden Seeds,
Silk Manufadlurc, Steel, Whalebone, Rhenijh Wine, Wooden Ware, Iron, Lattin
?ad Steel Wire i the whole Value 66,248 /.—--And this with other fmall Parcels
make up tlic Medium.
^The next particular Trade that falls regularly in our Way to be bbferved, is that
oi Frame j Abftradts of which I here give, with a fmall Ballance, feemingly in the
Favour of Ireland, yet when carefully enquired into, it will appear to be quite
othcrwiiit.
. ■ 8 H Years
I
m
670 Of the General Trade of the WORLD.
->., V.K
' ■?.■■:■■
Mr.
"is
Yean
1719
1720
1721
1722
'723
1724
17U
1726
Exporti
A /. J.
Imports
A /. J.
Dal lance
Contra BalUnce
A /. J.
16(859 16 It;
58012 la II
'79597 'a •;
II 1000 15 3^
'3737 '5 a;
52088 2 4
1:670 II 6;
56252 in;
121237 "0 9
122426 10 5
176777 8 2:
214422 17 6;
ao53'7 7 7
137702 10 7;.
132908 2 3;
117881 13 3
'50563 '» 3
14165a 9 5;
'59055 5 «:
193954 12 6|
4544 17 a
267.13 9 "•
72772 8 oi
46262 2 41
Total — 1201756 15 0; 1 186612 8 5i 14979a 17 7i 134648 II o
8Ym«^ '50"9 " 'o;; 148326 11 0- 1893 o 9;:
Mcd.ofl
4 Years]
•83555 o "t: 161306 I 4,', 22248 19 7|J
The Exports for 1724, which arc by much the greateilin this
Abdraft, conHftcd et ficci', to the Value of about
Butter
Raw Hides
Tallow
50000 o
80000 o
10000 o
40000 o
<A
o
o
o
o
Total 180000 o o
wi
The other Articles of fmall Value in Trade are not werth inferting.
The Imports from thence.
Wine at a Medium of eight Years
At a Medium of four Years
Brandy at a Medium of fix Years
The refttaken in the Year 1724, viz.
Playing Cards, about
Cork
Flints
Pruins
Succus Liquor
Sugar i|<«
Iron and Iron Ware
Cambricks
Train Oil
Paper
Rozia
Salt
Silk Manufacture
Vinegar
Other Groceries
Wooden Ware
A
X.
J.
83156
91658
23446
5
'4
18
10
6
6
100
1400
50
1500
1500
10000
600
2000
500
3500
II 50
2650
6500
2500
500
2500
Total, including the Wine at four Years Medium, and Brandy
at fix
The other Articles arc immaterial.
Thelmport of Wine 1726
Brandy for the fame Year
150705 13 o
A /.
109417 17
'3
30871
J.
Total 140289 10 iOt
. Here
/.
/.
//.
50000
8oooo
lOOOO
40000
180000
/.
s.
d.
83,56
?
10
91658
'4
6
23446
18
6
100
1400
50
1500
1500
I oooo
600
2000
500
3500
1150
2650
6500
2500
500
2500
50705 I
3
/. /
J.
9417 '7
1
;■
0871 t'.
«
>
0289 I<3
IC
'i
IRELAND,
Here may he fcen the lUll^ince at a Medium of eight and four Yean 1 a* alfo the
Increafe of the Kxporis to branct fruni 1 720, at which Time tlic DilKculticii in that
Kingdom occaftoncd by the Rife of the Coin and tlic M\ljijippi Hubble, were not
overiome j it is alfo obfcrvablc, that the Impurtu from thence have rifen from that
Time, and how the Impurtatiun of Iremh Wine has increafcd : The Medium of
the laft four Ycari exccctling tliat of the laft eight 850a /, 8 j. 8 d.
Though the Exports for Fni/jo' cannot be afcertamcd to any Nicety from the
Cullomhoufc BookH, as Merchants arc not rcflrained in their Kntrics, for reporting
their Guodi for one Country when they are defigned for another, at it frequently
the C'afe in tins Trade 1 for the Entries are made for that Kingdom, when the
Merchandifc is intended for ILmburgb, Bremen, or Holland, and this with the
View of evading I'aymcnt to the fcvcral Britijh Lighthoufes in their Way to the
faid Places, towards wliolc Support all Ships pay in the firft Port they put in at,
and arc charged with lb many as they are benetited by in their Voyage ) now if it
appear by their Cocket, that they are bound for thefe Ports, they pay towards the
Maintenance of them all ; but if lor France, and they are fuppofed to be blown there
out ot their Way, they are charged for no more than they are nrefumed to re-
ceive Benefit from, and hereby elude the fcveral Charges they mult othcrwifc pay.
Mr. Do6h makes feveral Allowances for an illicit Trade, Cfr. toe long to be
infcrted here, and then concludes from the Premifes, that Ireland lofcn oy her
Trade with France from (at leaA) 30 to 40000 /. per yinnum.
The laft in order, though the greatcft Branch of the Irijh Trade with Foreigner*
(as it leaves the greateft liallance in the former's Favour) is with Spain, Portugal,
and the Streights, as thefe take off the major Part of any manufactured Commo-
dities they export, except Linen, of which an Abftrad for eight Years here follows,
to Lady-Day 1727, with the Medium of Exports, Imports, and Ballance, plainly
demonftrating the Value of this Trade, and now much it merits Countenance and
Encouragement.
67 '
Years
Exp<
3rt8
ImporU
Ballanct
k
/.
:.
d.
/. /. d.
/. /.
d
1719
"'739
19
4^
39670 3 3t
72069 16
04
1720
125261
'4
71
36678 15 10
88(82 18
1 18804 6
9i
1721
176768
6
';
57963 19 "t
2
1722
'83239
'3
o|
56363 I o|
68153 '8 9\
126876 11
"i
1723
'47*65
I
"i
79'" 3
89024 4
'r
1724
149984
1
?>
609 C9 16 II
61584 6|
96839 6 6;
478213 2 114
'4
1725
'3575'
1 10049
1 148059
8
8|
74167 8
a
1726
4
9
5i
21209 17
"4
Total —
669846 6
31
Med. of;
8 Years;:
'43507
8
714
59776 12 104
83730 15
9^
By the Ballance here ftruck, it is found that more has been received from the
Countries I have been treating of, than from France, Holland, and Flanders toge-
ther, by 534847 /. 15/. 11 rd. and it may be obferved from what I have faid, that
the Jrijh nave a Ballance from no other Countries but thefe and America, though
the Importations from this laft mentioned Part of the World and Britain, are fo
blended, that the true Ballance is not diftinjguiftiable. It may alfo be remarked
from the above Calculation, how greatly the Imports were incrcafed in the laft
Year, infomuch, as to make the Ballance fo inconfiderable, as to be very little
more than the fourth Part of the Medium.
The Exports to the aforementioned Countries, are
Beef, about the Value of I oooo /. Butter, 35600/. Candles, 3000/. Cheefc,
1600/. Barley, 9000 /. Wheat, 3000/. Hake, 2500/. Herrings, 800 /. Sal-
mon, 8000 /. Hair, 400 /. Raw Hides, 4000 /. Tanned ditto, 50,000 /. Li-
aeOf
#
wlf^'
672 Of t/jg General Trade o///j^ WORLD.
Mn, 1300/. Pork, 2000/, Calf Skins, 30C0 A Starch, 400/. Tallow, 2500/.
Goods re-exported, 6uoo/. In all 143,100/.
itttti
The Importation from tbem are
Capers, to about the Value of 17c/. Cork, 1860/. Dying Stuffs, 4000/.
Sugar and Fruit, 6000/. Oranges and Lemuns, 3000/. Iron, 9400/. Oil, 3600/.
Salt, 4600/. Silk Manufadure, 3000/. Raw SUk, 430 /. Thrown Silk undyed,
670/. Succus Liquor, 629/. Walnuts, 2000/. iV/ Wine, 3169/. Sfanijh
Wine, 15,704/. Hoops, Cane, Reeds, and Plank, 700 /. Wool, 368/. Li all
59,300/.
Here I finifh my Account of Ireland; and though the Calculations I have of-
fered, were made fome Years ago, and therefore fomc few Alterations may have
occurred in Trade lincc, yet I do not apprehend that thefc can be very material,
nor have I to add any other Remarks on tnis Branch of Trade, to thofe I have oc-
calionally made as I have gone along, fo ihall conclude the Subject, and proceed
to dcfcribc the Traflick of other Countries, beginning firft with France.
?'->\-
I^V^^Vir^
l^"-.
Of the Products, Manufailurei, and Trade of France.
THIS Kingdom has a Trade proportioned to the Number of its Inhabitants, and
Extenfivenefs of its Dominions, of which fome Idea may be formed from the
Calculations made of its annual 'ncome, which by Dr. Davenant was computed
(fr<;n^ the beft Accounts he could procure) to be before 1690, about 84,000,000/.
and tho' fome have fuppofed that the intervening Wars, between that Time and
the Peace of Utrecht, hindered their Increafe, cither in V/'ealth or Numbers, yet
others reafon, and I think more juiUy, that the continued Peace and florid Com-
merce it enjoyed, till the late Broils reverfed the Scene, mufl have greatly encreafed
their annual Income. However, I (hall endeavour to cxtraft the beft Account I
can of what this Country furnilhcs towards a general Trade ; and in doing it, ob-
ferve the fame Metl- d that I have followed in my Defcription of Great-Britain's,
that is, by acquainting my Reader with the Produds and Manufadlurcs of each
Province, and then (hew him how they are difpofcd of.
In treating of the different Provinces and their Trade, I (hall obfervc the fame
Divifion as Mr. Savary does in his Diftionary j and as I regard what he has given
us concerning the Produfts and Traffick of his Count'-y, as the moft valuable Part
of his Works, and in which we may reafonably fuppofe he is leaft miftaken, I
(hall epitomize the Neceffiry of them for my Reader's Information, and com-
mence, as he does, with
I . The Kle of France,
'~T^ HE Capital of which is Paris, where many Man\ifai3urc» arc carried on, and
-'• afterwards brought into Trade, of which fome are exempt from the Jurifdic-
tion of the publick Companies of the City, and eftablifhed by Royal Authority ;
fuch as the GobeHs, where as beautiful Tapiftres arc made as any in Europe ; the
Savonnerie, appropriated to the making of Carpets with a Mixture of Silk and
Worftcd, in Imitation of thofe brought from Perjia, the Beauty of whofe Colours
they come up to, and greatly exceed them in the Figure. The Manufactures of
Glafles, Cloths, Hangings, dfc. beiides which the Artificers here carry on all Man-
ner of Trades that are pradtiled in ourMetropolis ; though it is with Pleafure I can
a(rert, not many of them with equal Perfection : Here are, however, made all
Sorts of rich Silks, Brocades, Gff. Stockings, Hats, and every other Requilite for
home Conlumption and Trade ; and almofl all the fmall Towns, Villages, and Di-
flrids in the Neighbourhood oi Paris, have fome Fabrick peculiar to themj as
Madrid (a Caftic built by Francis I. in Boulogne Vv ood) for Stockings ; St. Cloud,
for Porcclane, Earthen Ware, Glafs, and Tanneries; Gent illy, Garges, and yiMto/iy,
are noted ibr Whitflers ; at FerfJ Gaucher is a Manufadory of Serges ; Compeigne
affords Stocking;, tocki and Caps • -^ Margny docs ClotJji, Camblcts, and Shags ;
.— ■• 3 at
>1J
eel, and proceed
FRANCE.
at Hcudon are made aconAdcrable Quantity of WorAed Stockings ; at Dreux is
a Fabrick of coarfe Cloth, and at Cidtres, Linos, Meulan, Sefa :ne, Poijy, Clavr,
JjUptrcbe, Moret, and Dourdan, large Parcels of Leather are tanned, and trtis
lau i» famous for knit Stockings, and making Buff.
2. The Produce of V\cax6.y.
THE natural Productions which this Province furnishes to Tirade are. Corn,
Hemp, and Wool ; and its Manufaftures, Woollens, Linens, Caps, Tapiftry,
and Soap. In RefpeA of the firft, here I; worked up five cr fix hundred thoufand
Pounds cf Wool of the Country's Produce, and near as much more from Germany,
Holland, England, Spain, and fome other Parts of France, fo that only in the City
of Amiens are made about 129800 Pieces of Stuffs, and 50000 Pieces m the
Neighbourhood, which are called foreign Stuffs, as they are made out of the
City; and of the aforefaid Wool, the Camblet-makers alone takeoff 80000 //J.
The Cities of the greateft Trade in Picardy, next to Amiens, are Beauvais and
Abbeville j befides which there are many Villages and Towns, as Tilloy, Fienviile,
Nafurs, Beaucbamps, Grjwilliers, Feuguieres, Aumamale, Anvoille, Glatigny, wA
Settles i in all which Places are only made Serges of many Sorts and Qualities, anc
what in French is called Tiretaines, which I take to be here meant a Linfcy Wool-
fey J Mouy and Crevecaur, give a Name to fome of the former made there, as
Tricot and eleven Villages of its Jurifdidion does to other Kinds of Serges of their
Fabrication.
The finefl Woollen Thread fpun in Picardy is that of Amiens, where the Spin-
ning employs a great Number of Hands, and con fumes a large Quantity of Wool
both of the Country's Growth and Spanijfh, vhich is ufed for making or Caps and
Cloths here and in the Woolhn Manufaftures of Paris, Elbeuf, and Rouen. The
Q^ntity of Hemp and Flax gathered in this Province is likewife Very great, fo
that the Linen Trade here equals that of the Woollen ; and St. ^intm is where
the greatefl o^:' -« are tranfadted, which may amount to 40,000 Pieces in a com-
mon Year ; after Hr. ^intin is Peronne, and then T>ieJU ; the different S;^ecies
made in thefe three Places being feveral Sorts of Cambricks (from teh to m hun-
dred Livres a Piece) Lawns, Gauzes, Hollands, printed Calicoes, &c.
The Fabrick of foft Soap at Amiens is fb confiderable, as to produce yearly ten
thoufand Quintals, and at Beauvais Tapiftry is made, and in its Neighbourhood
is carried on a large Bufinefs irr Caps, Thread, and black Silk, Lace, Gimps, &c.
In Amiens are at leaft two thoufand Looms conftantly employed, and in its Neigh-
bourhood eleven fulling Mills, turned by Water, whofe Qjiality is not lefs excel-
lent for Dying than it is for cleanfing the Woollens, which of this Place alone fell
for upwards of 1,600,000 Livres. — The Linens of Pignigny, Orefmaux, and FHx-
court, are better than thofe of Amiens, of which about two hundred Pieces are
made and fold weekly.
Mr. Savary fays, that the Clothes oi Abbeville are fo like to thofe oi England and
Holland, as to render a Decifion in Favour of either very jiflicult ; but either the
Fabricks are grown worfe fince his Time (the contrary of which I am very well
afTured of) or elfe he is guilty of a noted Partiality to his Countrymen; for though
I will allow the Cloth that is made there to be good, yet the Yarn is neither fo fine
fpun, nor fo well and clofely wove as here in England, neither will it wear fo long,
and much iboner grows bare and fhabby ; this Experience has taught me, as I have
for many Years fecn the Wear of them, and more than once examined many of the
fineft Pieces on the Spot. It is faid here are above an hundred Looms, that employ
upwards of fifteen hundred Spinners, befidcs as great a Number of Weavers, Cloth-
Workers, Fullers, Dyers, and fuch like Artifls, necefTary to the perfecting the
Clothes, and the Produce of them is computed to be at leaft five hundred thoufand
Livres yearly. Befides Cloth, there is made at Abbeville, Barragon Serges, Drug-
gets, (ic. to the Amcunt cf about an hundred thoufand Livres, and of Stuffs mada
out of the City, thougit in its Neighbourhood, two hundred thou&nd Livresj and
8 I . extra
."it
^71>
!:■ . ■;.;'■■: ft!"'
i!: - ''^ ■
^74 Of the General Trade 0/ //^f? WORLD.
txtra of thcfe Commodities, many otliers arc the Prodiidls oi Alibiville, as Plufli,
CafFoy, Ticking, coarfc Linen for Package, Uc. to the Value of about 150,000
Livrcs.
St. Sljiintin has no Woollen Manufiifture, though near 100,000 lb. of Wool is
collcdcd in its Diftridl ; it however has a large Kabrick of Linen, inlbmuch, that
forty thouliuid Pieces aic made or fold here yearly, to the Value of 2,0- o,oco
Livrcs i being Cambricks, Lawns, Hollands, and feveral other Sorts of Linens,
which are likewife made in great Abundance in many Parts of this Province,
whofe Inhabitants are almoft totally employed in the Linen and Woollen Way,
as they have a large Share of the Materials in their own Territories, which pro-
duces them 524000 lb of Wool, and Plenty of Flax of a very rich Quality.
/ \
k' ?•
It . I
f t
3. Of the ProJuils o/* Champagne anJ So'iSoas.
THE Proximity of thcfe two Provinces, and the great Rcfeoiblance of their
Prodydnind Manufaftures, have induced me to treat jointly of them. The
Soil, both of the one and the other, is very fertile in all Sorts of Grain, more efpe-
cially Wheat and'Oats, and their Hills are covered with Vineyards that produce
a moft excellent Wine. Hemp and Flax arc cultivated here in Plenty, of which
are made various Sorts of Linen, and Threads, employed in the manufadturing of
Lace. Their Paftures are admirable for Grazing, as may b'e judged from the Sup-
port they give to fixteen or feventeen hundred thoufand Sheep (which yield be-
tween tnrce and four Million Pounds of Wool) befides a great Parcel of black
Cattle, whole Hices afford a fufficient Employ to fcveral Tanneries; and, in fine,
their Rivers and Broolps fct to work many Forges for working Iron, hammering
Copper, and milling Paper.
The Territories of RetM or Mazarin, are in many Parts unfit for Corn, and this
Sterility has put the Inhabitants on a Method of gaining a Livelihood, which I
could not omit mentioning for the Uncommonnefs of it, and that is the fattening
Oxen with Loaves, compofed with Rape Oil, which Seed they gather here in
plenty ; but the principal Produdl of thefe Provinces is the Wine, for which
they arejuftly fo famous, and of which the beft is found at Rhiims, Sillery, Haut-
villiers, (corruptly called CvileJ in the Valley of Picrry, and the Diftridt of ^y,
tho' there are many good ones of a fccond Quality at Oxmery, Chatillon and Fertus-
Dormans in Champagne, and Guichy, Pargr.ant, and Coucy in the Souffonois. The
Number of the Woollen Manufactories eftabliflied in thefe Provinces, are almolt
incredible ; at Rheims they make Cloths like thofc of Berry, and various Sorts of
Stuffs, both here and at Rhetel, Chateau Portion, Meziercs, Donchery, Mouzon,
FiJ'mes, St. Manehould, Sommepy, Ville-en-Tartenois, Soijom, Chateau-Thierry,
Charly, Orbaye, St. Martin-Dablois, Bar-fur-Aube, Ferre en Tartenois, Neuilly ;
and 5^. Fond-Sedan is noted for making and dying thefineft black Cloths, asalfo
large Parcels of Cloth and other Serges: At Bouts, Pertes, and Joinvelie, only
v.liite I'llnminas arc made; at Monlcoruet, are made Sattins, Cloth Serges, Gfr.
as they arc at Vervins Fontaine, and Ploumure, with fomc ordinary Cloths; At
Mcntineral, Langres, St. Jujf, Anglure, Sezanne, la Ferte Gaucher, and la Ferte-
Sous-Joiiars, the Fabricks are of Cloths, made all of Spanijb Wool ; in fine,
Brienne, Chalons, Vitry, Chaumont, and Dienville, make feveral Sorts of Stuffs
and Serges, befides fome Cloths.
Linens, whether Flaxen or Hempen, are no inconfiderable Produds of thefe
Parts, as the Manufaftories of them are difperfed thro' both Provinces, tho' the
principal one is at Guife; however, between this Place, Fervins, and Noyon, there are
thirty-four Villages, where no other Linens are made than thole of the fincU Flax,
railed Batejies, or Cambricks. At Rheims, and almoft all the abovementioned
Places for Woollen Fabricks, there arc alfo eftabliflied fomc for Linen, which
with thofc of Hats, Caps, Lace, &c. arc very confidcrable, and furnifli a great
^'alue to the general Commerce oi France.
4-0/
i
>?
-FRANCE.
4. Of the hyonnoiis, Foreft, <m</ Beaujalois. .
•fTERY little Silk is gathered in the firft of thefc Diftrifts, vaAyct Lyons js one
' of the Cities, wliere the grcateft Commerce in this rich Merchandize is car-
ried on. All the Silks brought in from the Levant, Perfia, Medina, Italy, Spain,
&c. for the Ule of France, ought to be carried to Lyons, as to a Staple, and from
thence fcnt to Puris, Tours, and the other Silk Manufadtories of the Kingdom.
The Produfts of thcfe three Provinces for Trade, are, i. Hemp. 2. Wine. 3.
Vitriol, Saffron, and Copperas. 4. Coals, which are confumed in the Manu-
fafturing Arms, and other Works of Iron.
The Fabricks are principally of Silk, and of the Materials necelTary to its Per-
fection, of which that carried on at Lyons, has for many Years paft been the
moll confiderablc, not only in France, but in any other Part of Europe. Mr. Sa-
vory fays, that there is yearly employed of Silk, Gold, and Silver, in this Manu-
fadture, to the Amount of eleven Millions of Livresj that the Prep&tfition of thefe
Materials to fit them for Ufc, and their Working up, arifes to better than three
Millions ; the Sales made of them, to above three Millions more ; and that of the
feventecn Millions, which thefe three Sums amount to. Foreigners pay near One-
third, in Time of Peace, when Trade flourilhes.
This might be very true when Mr. Savary wrote, but the weaving and dying
Arts are fince brought to fo great Perfeftion in many Parts, more efpecially
among us, that large Dedudtions muA be made from the preceding Calculations,
and the Ballanccs confidcrably altered from what they were then, *o what they
are now.'
The Lyonmis Manufadlure is not confined to any two or three different Sorts of
Silks, but is general, producing Gold and Silver Brocades, and rich ones without
either of tliele Metals, Damaiks, Sattins, Velvets, Mohairs, Taifaties, and almoll:
every other Specie made elfewhere. The fine-drawing, and making the Gold and
Silver Thread, our Author fays, employs a thoufand Marks of Gold, and five Mil-
lion Livres of Silver yearly ; and here are alio made fome Fuftians, Dimities ;
and a confiderable Trade carried on in the Bookfelling Way. Other Parts of thefe
Provinces are noted for their different Products, as St. EJtienni and St. Chaumsnt,
for Hardware and Ribbonds, Roche for Cheefc, Beaujolois for Linens, and various
Sorts of Paper, made in many Parts of them, which all together render thefe
Parts very confiderable in the Commercial Way.
I
5. O/* Montauban.
N this Province are coUedled from twelve to fifteen hundred Quintals of different
Sorts of Wool, which jointly with large Parcels from abroad, are worked up by
the Inhabitants, into various Sorts of Stuffs and Clothes, making in all about fixty
thoufand Pieces. At Montauian and Cahors, are made feveral Sorts of Serges and
corded Stuffs. At Gourden, LeSoure, Realville, Vkfefenfac, Aucbe, Mauvezin,
Mur-uc-liiirras, Efpalion, Foiz, Pamiers, Millaud, St. Giron, Tarafcon, Carlat,
St. Gaudam, AfPedl, Gimon, Montrejan, Montpezat, and la Cau£ade, are made
Druggets, Serges, Crapes, and coarfe Cloths, as they an. at Beaumont de Lemaige,
St. Clar de Lomagne, Villefranche, Camares, St. Aularis, and many other Places j
and alio at fbme few of them are made Barragons, and fine Stuffs. At Montauban,
Gffurdon, and Jouillat, there are Manufadlorics of Hatsj and at this latter, feveral
Tanners. Stockings and Caps are made at St. Clar de Lomagne, Pamiero, St. Gt-
ron, Montrejan, and Mirande. Hempen Linen at Gourdon, Villefranche, St. Clardt
Lomagne, and St. Aritonin ; Paper at this laft and St. Giroul, and Tickings at St.
Clar de Lomagne. The grcatefl Number of Forges are on the Sid**, of Tarofcon,
which are twcnty-feven in Number. At St. Giroul there are four, and fome Ham^
mers for beating Copper. At Foix there are three Hammers, and in the Neigh-
bourhood of Vilkfranchc, are feveral Hammers and Forges, all which joined to the
Fabricks before-mentioned, employ a great Number of Hands, and occafion a
Currency of large Sums of Money.
6. Of
"^75
TXT,';; .'>-.|
'I -i «H:'
3
676 Of the General Trade (//Ar WORLD.
6. O/'Guienne.
THIS rich Province furni/hes Trade with lam Quantities of Wine and Bran-
dies, Vin^ar, Pruins, Rofin, Chcfnuts, Oil, Iron, and Copper, wrought
And unwrought, a great deal of Paper, and a middling Quantity of Hemp;
there are in the Neirfibourhood of P«7]jpart«f, thirty-nine Forges for Cannons,
and other large Works of Iron ; there are sdfo many others near Dax, and fevenil
Hammers for Copper at Bergtrac, Orteix, and Nerac. On the Side of Oleron are
four Paper Mills, and in the Neighbourhood of Bergerac, and Cafitl-JaJoux, fe-
vcn others. A large Qwintity of Hemp is cultivated at the two Tonneiiu, and in
fome other Places along the Garonne and the Lot; but all the Fabricks are but
trifling, when comrared with the Crops of Wine and Brandy, the Staple Com-
modities of thefe Parts; infomuch Ui'\t in all this Province, not above fe-
venty-five thou(knd Pound of Wool is (horn, and it is with thefe, and a few
from Ptitou, that all their Woollen Goods are made, viz. at Bourdeaux, Bazas,
Ment-de- Mar/an and Ney, thick Blankets ; at Jouffac, coarfe Cloths, at Fonts,
fome Eftaminas : at Banters, the Stuffs called Cardillats ; at Pau and Marmandc,
Hats ; at Cadiliac, Nerac, and VUlenewoe d" Jgenois, Stockings j and at Reolle,
Thread, Fringe and Tickcns.
\
7. Of Limofin and L'Angoumois.
'iM
* ,i-f''i-' >
•;i»|?»
THESE two Provinces, though under one Direction or Receipt of Cuftom, are
very different in the Nature of their Soil and Products ; the Angoumois yields
a fufficient Quantity of Wheat, Wine, and all Sorts of excellent Fruits, whilft the
Limofin on the contrary is cold and fteril, has but few Wines, and thofe bad,
hardly any Wheat, fo that Rye, Barley, and Chefnuts, commonly fcrvc for Bread,
to nourifh the Inhabitants.
Both the one and the other Province have a great Number of Paper Mills, whofe
Fabrick is in great Repute for the Prefs, tho' very little for Writing.
The Manutadures of Woollen Stuffs are very trifling in this Province; however
there are a few Stuffs, Serges, Eftaminas, coarfe Cloths, &c. made at Limoges, An-
gouleme, St. John d'Angefy, Nerac, Rocbefoucault, Senterfune, Cognac, St. Leonard,
Brives, and at Tul/e.
The SaiTion cultivated in the Angoumois, is no fmall Objedt of the Country's
Trade; for altho' it is not fo good as that of the Gajiinois, a great Quantity of it is
fold at Bourdeaux to Foreigners ; and the bringing up of Horfes for Sale, chiefly at
the Fair of Cbajlus, clofes the Commerce of thel'e Provinces.
m
3'. \^-' K,. >-■•... ■ .
8. CyPoitou.
GRAIN, Wine, Chefnuts, Hemp and Wool, are the Produfts of this Province;
the Meadows, whole Herbage is an excellent Paflure, enable the Inhabitants
to raife and feed a great Number of large and linall Cattle, of Horfes and Mules
with which they carry on a very confiderable Trade. The beft Studs of Horfes
are in the twelve Parifhes called the Wood of Eftos, in four of which there are
Salt Marfhes.
At Partinay, Niort, Fontenoy, Tbouars, and many other Places of their Di-
AriAs, are made Cloths, Druggets, Serges, and Linfey Woolfeys ; at Niort alfo
Chamois is prepared ; Woollen Stockings and Caps at St. Maixant, and Hard-
ware at Cbatellerault.
250,000 lb. of Wool is gathered in this Province, befides which there is brought
from Spain about 600,000 lb. of which, from 20 to 30,000 Pieces of Stuffs are
Minually made ; and here are only three Forges of Iron, and two Paper Mills.
9. Of
1i
FRANCE.
9. Of Rochelle, Aunis, Saintonge, tSc.
TH E Produ^ls of the Provinces and Country that compofe this ReceiverHiip, are
Salt, Wine, Brandy, and Hemp, befides a Number of excellent Hcrfes; and
their Manufa^ures are of Linen principally at Barbejieux. Great Quantities of Su-
gar are refined at Rochelle, and about 34,000 Muids of Salt gathered in the Ifle of
Rh^i 18,000 Tun of Wine, and 10,000 Barrels of Brandy. This Ifland is alfo
famous for the Annifeed Water made here, not only among the French, but Fo-
reigners. Olleron produces about 4000 Barrels of Brandy, and the Sands of O/-
lonne yield near 20,000 Muids of Salt : Vaft Qiuntities of Wine are gathered, and
Brandy diftilled, at Rochfort, Cbarente, Aigre, Xaintes, Cognac, and their Dif-
tridts. Angouleme affords four Sorts of Merchandize, viz. Brandy, Paper, Saffron,
and Iron, this laft having Forges for it at Perigord, Aubaroche, Rudeau, the Chappie,
Bourequoil, New Forge, Jomeliers, the Augoumois, Planchemenier, and Feuillade.
10. Of Orleans.
TH E Wines that are gathered in very great Quantities in this Province, make
the principal Part of their Produdts, amounting to 100,000 Tons; and it is
faid, HiitBlois and Beaugency do not furnifli !efs : It is likewife very fertile in Corn,
and not entirely barren in Manufadtures, as at Orleans, Dourdan, Gien, Bloii,
dartres, and fomc other Places, fubjeft to this Generality, are made all Sorts of
Woollen Stockings, both wove and knit, and at Dourdan many are made of Silk ;
at Orleans alfo are wove Caps, as Cloths are at St, Genoux, Clame(y, Chatillon-fur-
Loing, and Montargis ; various Sorts of Stuffs, different Species of Serges, Crapes,
Capuchin Cloths, Bays, Linfey Woolfey, Eflaminas, &c. ^iXtvcaAe ztBaugency,
Blois, Fendome, Pierre-Fitte, Montoir, Salbry, So'uefme, Nouan-le-Fuzelier, Vou~
zon, Jergeau, Chatres, St. Fargeau, Brou, St. Agnan, Chateau-Neuf, Brinont,
Sully, La Charit^, Petiviers, Pongoin, Chaudun, Bazocbes, Illiers, and Anthon.
This Province has feveral Fabricks of Hats, tho' the principal ones are at Orleans,
Vendome, La Ckariti and Blois, at all which Places tnere are likewife confiderable
Tanneries ; and in the Neighbourhood of Ltf Cbarite, are twelve Forges, and three.
Furnaces for Iron. The Beaujfe and Vendomois, produce a great Quantity of
Wheat and other Grain, as mofl other Diilrids of this Receiverihip do : In thi?
Province, upwards of 200,000 lb. of Wool are manufactured into about 25,000
Pieces of Cloth, and other Stuffs, qiofl of it the Growth of the Country.
6yy
' 'J: .
m
• J - f .■ v^
I »1: v'i.r'<
II, Of Tburaine, Anjou, Maine, and Perche.
TH E principal Manufactures eflablifhed in this fruitful and pleafant Part of
France, are comprifed in the filken, woollen, and tanning Commodities. The
firll has its Eflablifhment in Tours, the Capital of the Province Touraine, where
arc made all Sorts of fine Silks, as Velvets, Mohair, Serges, Brocades, Sattins,
Taffeties, (Sc. in which formerly were worked up 2400 Bsdes of Silk, tho' at pre-
fent three or four is more than fufHcient ; and the fame Decadence that has hap-
pened in this Manufacture, has occurred in the Woollen, as this hardly employs
fifteen or twenty Looms now, that occupied two hundred and fifty before j in thofe
that flill fubfift, are Amboife, Chinon, Richelieu Loudun, Loches, Beaulieu, St,
Chrijhphk, St. Pater, Laval, Beaumont, la Roue, Roziers, Montrefor, Villeloin,
Orbigny, Reugnay, Chateau-Renault, NeuvilU, Pontpierre, Moray, Neufay, Loifant,
and Montrictird, are made much the fame Sorts of Stuffs and Cloths, as in the laft
mentioned Province. Few Hides are now tanned here, in Comparifon with the
wreat Quantity that ufed to be formerly. The natural Produdts of thefe Parts,
confift in Wines, Brandies, Saltpetre, and fuch Abundance of Fruit raifed, and
afterwards preferved by the Natives, as has drawn on this Province the Appella-
tion of the Garden of France. In the Parifhes oi Parcenay, Abillon, St. Mars, and
Met tray, are Qyarries of Millftones i and near the Abbey of Noyers, a Copper
8 K Mine
"'i
^ll.
J"
678 0/ the General Trade of tk- WO R\.D.
Mine was difcovcred in the latter End of tlic lart Century. Alnnit 7000 I'ioccs
of Cloths, Serges, Druggets, Linlcy VVoollcys, and other Stuffs, arc made in this
Diftrid of 'Town///;!', hcfuks funic Caps, Ilats, and Stockings; in that of y/,vyj«
arc gathered Wines, Flax, and Hemp, of which large Quantities of Thread and
Linen arc made; the Quarries of Slate, Iron, and Coal Mines, the Whitftcries for
Linen and Wax, the Refineries of Saltpetre and Sugar, the Forges, and CJlafs-
houlcs, with the Manufadlurc of Eilaminas, and Druggets of various Sorts,
inakc up the Commerce of this Province ; of thcfc latter ahout 4000 Pieces arc
made yearly at Angers, Cbatcau-Gontien, la Fleche, Bcaiigf, Saumur, le LutU,
Dove, Montretiil, Bellay, Beaufort, and Durlal, belides fomc Mats, Caps, Off. In
tlic Territory oi Maine, about 5300 Pieces of the aforefaid Woollen? arc made,
tlio' the principal Manufaciture of this Province is Linen, for which it produces
the Materials in vaft Plenty, and there has been feen 20,000 People employed at
once in the feveral Branches of it : Here are alfo fomc Olafshoules, Iron Mines,
(sfc. and large Quarries of a midling Sort of Marble. The Manufadl'ircs of the
fmall Province of Perche, arc Linens, Stuffs and Paper, of wlvch the firft is the
nioft confidcrablc j they have alfo here fomc Forges for Iruii, and carry on fonie
Trade in the Grazing Way.
12. Of Berry.
TH E Sheep and Wool of this Province arc the principal Materials it Airnilhcs
for Trade; its Corn, Iron, Hemp, Nut Oil, Wines, and Wood, would alfo
occafion a tolerable good Traflkk, had they navigable Rivers to carry tliem off.
The fincft Wool is fold for Rouen, and only the interior Sorts worked up here, of
which arc made the coarfe Cloths, called Drab dc Berry, and fome ordinary Serges,
Druggets, Linfey Woolfey, Gfc. at Bourges, Iffbmhin, Chatcauroux, Vierfon, Selles,
ylubigny, St. Amant, la Chajires, Ciijiillcn, Mebun, Aubigm, Dun-le-Roi, St. Be-
mi/l-Ju-Sau/t, Buzancois, Leueroix, St. Savin, Sancerre, Linieres, Leret, La COap-
pelle-danguillon, Aifne-le-Chnteau, St. Guatier, Ivry-k-Pre, Argent on, Ntuvy-
St.- Sepulchre, Argent, Vakncay, Cinconet, Baugy, S-nccrgues, Les Aix, Blan-
cafort, and Enricbemont, in all from 47 to 48,000 Pieces.
12. 0/ Moulins.
THE Manufaftures and Fabricks of this Province, which contains the Bourhon-
nois, Nivernois, and the upper Part of Auvetgne, are the Forges and Foun-
deries, where Cannon, Anchors, and fuch large Works of Iron arc made j the
Manufadtures of Tin, Earthen Ware, and Glafs j the Smalt Works, thofe of Cutlery
and other Hardware, the Fabrick of Tapeflry and Cloth; and the natural Produds
confift in Wine, Hemp, Iron, and Steel Mines, Coal, Cattle, Fifh, Chcfnuts, and
Chcefe. The whole Province feeds fuch a Quantity of Cattle, as exceeds Imagi-
nation 5 and it is furprizing to fee how many Beeves and Sheep are every Year cx-
tradcd from it for all Parts, (even in Time of War) for Flanders, Germany, and
Italy : Here arc alfo, in an Acorn Seafon, large Herds of Swine fattened; and in Re-
gard of Manufadlures, the Iron, Steel, Iron Plates and Tin, arc melted, run, and
formed into feveral difiisrent Works, almofl in all the Fofges built on the little Ri-
ver of Nievre, which falls into the Loire, under the tiMgc^ of Nevers, and which
before joining it, gives Movement to the Bellows, Hammers, and other Machine*
of above fifty Forges.
The Cutlery, and other Hardware, is made at Bourbon and Nevrrs, and in this
laft is alfo made fome Earthen Ware, and fome Woi ks of Enamel. At Aubii(jhn,
and Feuilletin, there are Manufactures of an ordinary Tapcftry ; and nt Moulins, St.
Pourfain, Montlupn, Heriffon, Decize, Cercy-la-Tour, Moulins -Engilbert, ami
Ni'vers, arc made fome coarfe Cloths and Woollens, though by far the feweft in
tliis Province of any in France : This Receiverfhip produces in Wood, from the
Nivirnois, Bourbonnois, and more efpccially from Morvant, above the Value of
400,000 Livres yearly ; Coal from the Vicinage of Decize, to the Import of
J 20,000 Livres ; Fifli 300,000 Livres ; Hogs (in an Acorn Yesr) 300,000 Livres ;
Corn, Hemp, Wine, and Cattle, 500,000 Livres j Iron 300,000 Livres ; Tin
3 50,000
m.
FRANCE.
r 0,000 Livrcs ; Earthen Ware and Glafs 200,000 Livrcs ; Cutlery and other Hard-
ware, with fome Knanicl, 1 50,000 Livres ; and Tapeflrv, Nut Oil, &c. to at Icaft
I 50,000 Livres. The I'rodudsof Wool, and the Manufadturcs of Linen, I pafs
unnoticed, asthcfc arc all conlumcd on the Spot, as indeed moll of the Cloths and
Stuffs are.
14. 0/ Auvergne.
THIS Province is commonly divided into High and Low, and the Produifts of
each as different as their Situation ; the firftis mountainous, as the Diftindion
(eems to fpeakit, and produdtivc of nothing but Food for Cattle, of which here is
bred a furprizing Quantity ; and the Low Lands abound in Corn, Wine, Hemp,
and Wallnuts ; their Meadows are delightful, and fo fertile, that thofc in the
Ncighliourhood of Riom and Clermont, arc mowed three Times a Year, and the
Lands in general never lie idle, or at moft are not fallowed above one Year in
twenty.
There are feveral Sorts of Manufadlures in the Avergnois, and almoft all the dif-
ferent Species fabricated arc of a very good Quality, but more cfpecially the Paper,
which is excellent, made chiefly at Ambrtt, and about tbiers and Clermont. The
Manufadtures of Eftaminas, Woollen Camblets, and other Stuffs, are at Ambret,
CulnhttcOliergue, Sanxillunges, and St. Flour, making in all about 10,000 Pieces.
Laces arc made at Aurillac, to the annual Value of 200,000 Livrcs, (though for-
merly they produced near 800,000) and there are fome made at Muret, la Chafe-
Dieu, Alarche, and Vineroles. The Hardware of Thiers and its Neighbourhood,
affords Subfiflance to above 5000 Families, and Cards for Play are made here and
at Ambret. The Tanneries of Clermont, Riom, St. Flour, Maringues, Anjuu,
Chaudes-Aigues, &c. are very confiderable, as the Dairies near Aurillac, Moriac,
Voiers, Beze, la Tour, and ArJes, are in Cheefe : Many fine Mules and good
Horlcs are bred in the Studs of this Province, which befides the foregoing Parti-
culars, produces Mafls for Ships, and Wood for Carpentry, Coals, Fruit, Wax,
Glue, Tallow, Butter, Linen, Hemp, and Nut Oil.
15. O/' Normandy.
TO treat of this large and rich Province, with due Regularity, I (liall do it ac-
cording to its cuftomary Divifion, Into the three Diltridts of Rouen, Alenpn,
and Caen.
The former produces Corn, Cyder, Cattle, Hemp, and Flax, and befides has
fome Fiflicries at Dieppe, Honjkur, Havre, &c. Its Manufactures confiil of Wool-
lens, Linens, Leather, Hats, Combs, Paper, and playing Cards ; at Rouen, Elbeuf,
Darnetal, St. Aubin, Aumale, Bslbec, Louviers, La Bottille, Gournay, &c. are made
all Sorts of Cloth, Serges, Druggets, Ratines, Blankets, and diverfe Species of Stuffs
and Hangings, in which arc employed about 1 100 Looms, and from 8 to 9000
Bales of Wool, (befides other Materials) of which 5000 are Spanijb, and the reft
of the finefl Staples of France. Linens of many Proportions and different Fine-
nefs, are made at Ponteau-de-Mer, Lizieux, Bernay, Rouen, Caudebtf, Arques, and
Montiolliers. The mofl confiderable Tanneries, arc at Rouen, and its Neighbour-
hood ; and Hats are made in feveral of thefe Parts, though the Quantity is vaflly
lliort of what they have been formerly.
Tlie Diflridl of Caen has not a lefs extenfive or important Trade than this lafl
treated of, but it fccms as if each Part of this Receiverfhip had appropriated a dif-
ferent Species of Bufinefs to itfclf.
Here arc gathered a large Parcel of Drugs for Dying, fuch as Woad, Argol,
Sumac, &c. The Butter oilffigny, the white Salt made in feveral Ponds, the
Linens fabricated at Bayeux, and in its circumjacent Parts, nre the only Manu-
fadtures of it ; the Wool, Hemp, and Flax in this Neighbourhood, are fold un-
manufadtured : In the Diilridt oi'yire, are three great Forges ofBrafiery, viz. at
Envou, Alouze, and Cherbourg ; and here arc made fome Woollens and Linens ; .it
St.Lo, Fire, yalognc, Cherbourg, Coutances, FreJ'ne, St. Pierre- Jc-Antremout, Athis,
Flers.
679
< ;,•-;•■
|V;V.:r;: ::.■:".
si
, ■'.■ " '
K
i 1
" i
(Iff
'' ' ,T "'1
i
»fj^v ■(' *■
r
'v.
,''»
680 O/Mt^ General Trade of t/je WORLD.
Fkrs, and ILtkuse, to the Amount of 28,500 Pieces of Cloth, Screes, and Stuff?,
bcfidcs Linens, Hats, Stockings, Leather, t^f. and the Territory ot Aleit^on, is no-
thing inferior to the other preceding two, cither in the Diverfity of its Cotninoditics,
or Importance of its Trade. Large Parcels of various Sorts of Linens arc made at
Domfront, I'imoulifis, and thereabouts. The Manufadurc of Vellum Lace, was
maintained thro" the long War at j^Unfon i the Magnificence, or rather Extrava-
gance of /"Vz/mY, furticing for its Support, even in thole diftrefsful Times ; ofClotiis
and Stuffs, from 50 to 52,000 Pieces, are made in this IJivifion in a common Year.
The Pins made at Ljig/e and at Coticbes, the Hkrdware and Brafiery of this lall,
the Tanneries m Argentan, Vimoutien, Conches, and yerneui/ ; the Fabrick of
wooden Shoes, the forming of Joills, Beams, and other Timber for building ; the
fattening of Poultry for I'tiris, and the Butter and Eggs fent there ; the Saltpetre
in the Diftrift of Argenttin, arc no fmall Addition to the Commerce of Ahifon ;
but the Glafs-houfes at Nonuiit, in the I'oreft of Exme ; at Fortijj'ambert in the
Forcft of Montplnjm, and the two eftabliflicd in the Tbimarais, with the Forges
for Iron at Cbanfcgray, Varcnms, dirvuges, Rannes, Concbes, and /ii Bonneville, are
the Fabricks which moftly enrich their Neighbourhood by their Quantities and
Perfection ; and to thcfe we may add the Breeding a great Number of Horfcs,
and making large Q^ntitics of Hats, as other Advantages to this Country.
it. Of B-etagnc.
THE Produdls andManufafturcs of this Province, are, ift. Salt, of which is annu-
ally made in the Parifli oi Bourne uf, from 16 to 17,000 Muids, and in that
oiGuerrande,OTCroiJic, from 20 to 30,000. 2dly, Butter, in the BiihoprickofA/i;«/(j.
3dly, Wines, more cfpecially thoft; on the River of Nantes, and thcfe moftly dif-
tilled into Brandies, to the Amount of about 7000 Pipes per Annum. 4tbly, Corn,
(particularly from the Biflioprick of Vannes) of which in a good Year, after a fuf-
ncient Provifion made for the Province, 6000 Ton of Wheat, and 9000 of Rye,
may be exported for Spain. 5thly, Hemp and Flax, principally cultivated in tlic
Bifhoprick of Rennes, Treguier, Leon, and Do/, and Ibid in Threads, Stockings,
Socks, Gloves, and Cloths, to a very confiderablc Value. 6thly, Iron, (for which
here arc feveral Forges in different Parts) Lead, Coal, and Paper. 7thly, Pilchards
and Mackarel, whofe Fifhery is carried on from Port Louis, Bellijlc, Concarnau,
Audierne, and fometimcs from Breji. Sthly, Woollens, fuchas Eltaniinas, Drug-
gets, Serges, Flannels, Crapes, and fomc ordinary fmall Cioths, made at Nantes,
Rennes, Bourg, Dinan, St. Brieux, Lamballe, Cbateau-briant, Nozay, Redon,
'Jo£elin, /<• Quay de Plelant, St. Croix, Auvray, Fannes, Malejlroit, Rochefort,
Cbateau-neuf, Longonna, and Herviliac, to the Value of about
And I (hall here re-capitulate the aforementioned Commodities, and
fet down what thofe carried out of the Province may yearly
amount to.
Linens of all Sorts, to the Value of
Threads, crude, whitened, and coloured, to the Value of
Paper of different Sorts
Honey and Wax
Butter
Horfes 1,000,000, Oxen 350,000, Hogs 100,000, and Sheep
40,000, in all
Grain 100,000, Salt ioo,coo, Fifh 50,000, and Game 10,000,
•nail
Poultry 14,000, Hides and Skins 60,000, Wines and Brandies
8o,coo, in all
Hemp, Tow, and Cordage 150,000, old Rags 10,000
Hair and Flocks 10,000, Staves 15,000, and Wood for Building
and Fuel 230,000
Iron fur Anchors 1 0,000, Cards 6,000, Tallow and Grcafe 1 00,000
Ls. 40,000
12,000,000
1,000,000
200,030
600,000
100,003
1,490,000
260,000
154,000
1 60,000
255,000
116,000
Livres 16,375,000
.(L FRANCE.
17. O/tie Dutchy a/ Burganiy.
681
THE Wines of DijoH, Nuh, Beaune, Pomarre, Cbaffagne, Mdcon, Tonnerre,
Auxtrre, Sec. arc the principal Produfts of this rich Province, and arejuftly
termed the Mother of Wine, not fo much for the Quantity, as the Excellence of its
Quality: Here are however other Commodities, as Corn, Iron, Cattle, Wool,
Hemp, &c. of which the following Manufadhires are made, viz. from 12 to
13,000 Pieces of Cloths, Serges, and other Stuffs ; the Crop of Wool amounts to
3 or 400,000 lb. Weight ; the Hides and Hats fuffice for the Ufe of the Inhabi-
tants } here arc thirty-two Forges for Iron, and eight Paper Mills : Several Ingre-
dients for Dying grow here, and Woad in particular flounfhes to a Miracle; Linens
are made at Vitaux, Sau/ieu, and Autun, though coarfe, and no large Quan-
tity; and a few Stockings, with fome Lace, finilh the Catalogue of this Province's
Produ^ons.
18. Of Franche-Comte.
'T^HE Produdts of this Province conAft of Corn, Hay, Iron, Saltpetre, Salt,
■■• Cattle, Butter, Chcefe, and Horfcs. The Rivers Saone^ Doux, Lougnon,
Loure, and fome Brooks, work upwards of thirty Forges and Furnaces, where
a large Quantity of Bombs, Bullets, and many other Iron Commodities are
made ; Mails and other Wood for Marine Conftrudtions grow here in Plenty ;
and the Saltpetre made in a common Year, is about 1,200,000 lb. with Room
for a confiderable Augmentation at a fmall Expence, upon a due Application.
The Salt is from the Pits of Montagne doreit fo named f^om the rich Treafure it
enclofes, which however only confifts of two Drains of Water never dry, and
which produced an extraordinary Q' Mty of this Commodity. The Studs of
this Diftridt are very confiderable, ving always about 80 Stallions, 9000
breeding Mares, and from thefe abo ooo Colts yearly ; here is no Manufadlure
of Drapery, nor any other ProduA uicriting Regard.
I'* '■
J:' > '
I ■
i"
! ,' ••
^r':
;.,'■.■ V,!
livres 16,375,000
19. O/'Dauphine.
THIS Province being divided into Mountains and Plains, the ProdudUons cor-
refpond to this Diverfity of Soil and Situation. The Mountains produce Firs,
and other Trees proper for Marine Ufes, and cover feveral Sorts of Minerals and
Metals i and the Rivers that arife and flow from them, turn many Mills of Forges
and Founderies, for carrying on diverfe Works of Iron, Steel, Copper, and Lead,
according to the different Species of Metals, caft and wrought here. The principal
Iron Mine is in the Mountain of Allevard, fix Leagues from Grenoble, being of an
excellent Quality, foft, eafy to forge and file, without Flaw. The Copper Mines
arc in the Mountain of Cloche, and thofe of Lead in the Gapenfois, near the Cave of
the Arnauds, and at the Village of Argentieres, four Leagues from Brian f on. In
the Territory of Be^es, there are Slates, in that of Lamage a Mine of Vitriol and
Copperas, and another of Tobacco-pipe Clay, worked up at Tain -, Cezanne, and
Cejiers, in the Brianfonnois, produce Chalk, and feveral Parts in the Upper and
Lower Dauphiny, Coal and Saltpetre. The Manufadlures, which thefe difFercnt
Metals and Minerals occafioi. and maintain, are fpread thro' the whole ProviiKC.
Steel is made at Rives-Moirans, Voiron, Beaumont- Furent, Tulins, BeaucroiJJ'ant,
Cbabons, and Vienne. The Iron is forged at St. Hugon, Hurtiers, 'thois, Allevardt
Laval, Goncelin, la Combe, Vriage, Revel, des Fortes, St. Gervais, and Royans j
and Scythes and Sickles are made at Voiron and Viziles ; Sword Blades at Rives,
Beaucroi£ant, Tulins, Vioron, Beaumont-Furent, but above all at Vienne ; Cannons
are caft at 5^. George, and Anchors forged at Vienne : In fine, there are Copper
Forges at this laft mentioned Place, Turins, Voiron, and Beaucroiffant; and the
Vitriol and the other Minerals are prepared in the Fabricks and JLaboratories of
Allevard, Laval, la Cloche, Largentieres, Lefchet, Bauriere, itid Lamage. Thefe
are the Produdls of the hilly Parts, and we will now defcend to the Plains, where
8 L wc
il4
,:U
i%
68a 0/ the General Trade of the WORLD.
we may H.id growing in tlicir proper Scafont, Hemp, Corn, and Mulberry-Trees,
for the Noiinrtimcnt of Silk-WornJR. The Linen Manufadlurcs of the former are
at St. Jolm-Crcm'ure, laTour-dit-Pin, Bourgoin, Funne, yallieu, Ruy, Lijlc Dabo,
Artds, St. Qi'oree, Voiron, And at la Buijj'e. It is alio alnioft in the fame k^laces
that Thread is I'pun, for Sewing and for the diDerent Sorts of Cap-making : Silk is
made thro' the whole Province, excepting in the Mountains, and fome Parts too
cold for the Worms j and hefides thcfe, here are many Paper Mills at St. Donat,
Cbatcau-doubk, Perus, Dijimont, Cbabueil, St. yallitr, Crefl, Fienn*, Rives, Pa-
riot, and yizille. The Fabricks of Hats are cAabliflied at Grtnobk, FoHtenil, Saf-
fenage, Voreppe, Moirans, Cn-Ji, and Pont-tn-Royans. Large Hides are drefled on
the Side of St. yJtidrif, St. Jeau-de- Sour nay, Vitnne, Serre, Grenoilt, Lumbin, Crolet
and Goncelin ; the Skins and fmall Hides are tanned at Grenoble, Voiron, Romant,
Valence, Loriol, Livren, MonteHmazt, Dieu-kjit, Vienne, and 5/. Antoint de Vi-
ennois. The Cheefe of Sajj'enagt or other Parts, fold under that Name ; the
Gloves of Grenoble fo light and fine ; the Pine-Nuts, Rofin, Turpentine, tSe.
gathered in thefc Parts, make a confiderable Addition to the Trade of them j
but I have yet to treat of a principal Branch, viz. that of the Woollen Manu-
fadlory, carried on at Grenoble, Voiron, Tulin, St. MarcolHn, Rcybon, Serre,
Beaunpaire, St. Jean-en-Royaas, Romans, Pent-en- Royans, Crejl, MonteUmart,
'ToUinim, Dieu-le-Jit, Buis, Valence, and Vienne, in all which Places are annually
made from 38 to 40,000 Pieces of Cloths and Stuifs.
20. 0/ Provence.
THIS Province is very fertile in Wine, Olives, Saflron, Oranges, Lemons,
Prunes, Almonds, Nuts, Pomegranates, and all Sorts of excellent Fruit ; and
here is alio gathered a very great C^ntity of Silk and Wool : Of the Olives is
made large Q^Antities of the fwectell Oil, befides thofe pkklcd, for which the
Provencials have the bell Method yet known. Their Mulcatel Winea of St.
Laurent and Cioutat exceed any thing of that Nature, and add to the Delights of
the beft Tables : The Raif.ns, wherewith thefc Wines are made, and particu-
larly thofe gathered about Roguevaire and Auriol, are excellent in their kind, as
the Figs arc dried here of two Sorts, and no Part of the World comfit their Fruits
in that Pcrfcdlio.i as here. The great Number of the Mulberry-Trees, with
which this Province abounds, enables the Natives to breed vaft Quantities of Silk
Worms, and thereby procure large Crops of their precious Webs. The Soap,
particularly that of MarJ'eilks and "Toulon, is in very good Repute, though gene-
rally allowed to be inferior to that (hipped at Alicante in Speun. There are in
Provence fixty Paper Mills, where many Sorts of this Commodity arc made; and
the Tanneries are many and very confiderable. The Counti^ Wools are em-
ployed in diverfe Manufactures of Stu0s, and many Fabricks of Hats j the latter
at Aix, Marfeilles, Toulon, and in the Principality of Orange { and the former at
Toulon, la Roque, Meuve, Solieres. Cuers, Pequanto, Camomet, Luc, Draguignan,
and at Lorgues, tho' a great Part of thefc arc made of Spani/b Wool, pure and
unmixt : At Gardes, Apt, Ayquiers, Auriol, Signe, Colmars, and Digne, are like-
wife made fome corded and otlier Stuffs, as there are at Aries and Grignan, of
other Species : In this Province alio are many Hammers for Copper Work, which
arc all the Commodities it furnilhes to Trade.
21. O/'Languedoc.
A Lthough this and the laft mentioned Province are joined together, enjoy the
■**• lame Afpcd, and are cxpofcd to the fame Winds, they are however very
differcjuly divided, in Regard of the neccflary Advantages for Trade, more efpe-
c'lally in their Ports, with which the other abounds j and to this Nature has
given none, fo that the few it enjoys, are the EfFedts of Art, made with a great
deal of Trouble and Expcncc : However, as in thcfe Sedlions I propfe to confine
Kiy Diicourfcs only to tlie Products and Manuiadtures of the Countries treated
::^^ " " of;
tt^'
FRANCE.
of, I ftiall omit enlarging on their Situation, at lead at i>n.(lnt, ami nro/ctnti
in this, the Method f hav: vbfervcd in my Account of all the preccdniir i'lO'
vnic
vincct.
Languedoc is efteemcd as one of the bed cuJiivated I'ruvinccs of the Kingdom of
France, ana juftly merits this Em ^mium j its Inhabitants are numerous, diligent,
fkilful, and indullrious ; it enjoyj the Advantage of having a greater Divcrfity in
its F'rodudts, than any other Province j yet this'Country, fo well cultivated, and li)
well peopled, might raifc a much greater Revenue, fupport a much greater Niunbtr
of inhabitants, and furniOi the State with much larger Succours, if it undcHtood
to attract by a fuitable Culture all thofc Advantages which it is capable of pro-
curing ; it has Plenty of Corn and Wool, but it might largely augment its Crops of
Wine and Oil, and exped a furer, more beneficial, and inmiediatc Sale to thefe
Commodities, than they ever find, or can hope for from the others ; the (Jrowth
of Silk might alfo be greatly eucrcafcd, and Cotton might be pUuited to Advantage,
and this further improved by clUblilhing Manufactures of it t much more Salt
might be made, more Mines wrought, and a great Number of Things might be
added to the natural Produdts of the Country, for which the Soil and Situation is
adapted ; however, I fhall not enlarge on what this Part of France might be inado
to produce, but now acquaint my Readers with what its Products and Manu-
factures actually arc.
This fruitful Province, one of the larecft, richcft, and moft agreeable of that
Kingdom, has two great Salt Marflies, trie one at Mardirac, the other at Higean,
both yielding vaft Quantities of that ufeful Commodity. At Rieux, la Gra:.^e-dcs'
pres, Lodeve, Ciircajjbtine, Limaux, Cajircs, Alby, Akt, St. Colombe, Lauclanet,
LtiiJJac, la Grace, Us Saftes, Chalaire, Mazanet, Ttrrtcres, la Canne, Bedarrieux,
St. Sivian, ^ifac, St. Hypolite, Bauzely, Vigan, Ganges, Saumcnncs, Anduze,
Alais, St. Gervais, Sommieres, Gardonnenque, la Salle, Beziere, Aniane, and Beau-
tairt, are many Woollen Manufadlures of Cloths, Serges, Ratines, Bays, Crapes,
Druggets, Linfcy Woolfcy, and fcveral other Sorts of Stuffs : Of the fUkcn Fa-
bricks, the principal are at Toulou/e, Montpelier, Nifmes, Alois, and in fome other
Towns and Villages along the Rhone, where arc made Taffetics, Tabbies, Crapes^
Tarandines, Brocades, Damaiks, and fome Goods with a Mixture of Silk and
Wool, in which all the Silk gathered in thefe Parts is employed, being from i a
to 1 500 Quintals in a common Year. The Verdigris made at Montpelier and its
Ncighbourliood, and the Cryftal of Tartar prepared at Aniane, are in great Eftccm
among Strangers. The Diocofe of Mirepoix has alfo Mines of Iron, Coals, and
Jett ; the Iron is found and wrought at Courfouls, St. Colombe, ^tillau, and at
Belejlat ; the Coal at Trimont, and at St. Benoijl ; and the Jett at Lovan, and Ra-
latiet. Of Hats the Fabrick is very conlidcrable in thefe Parts -, they arc made
at Montpelier, ^ijfac, Sauve, St. Hypolite, Sumennes, Andufe, Alais, Ush, St.
Geniez, la Salle, Nifmes, Clermont, Beaucaire, Valborgne, Mairvain, and Vala^
rangue : Chefnuts and Memp arc plenty in the Vivares \ and in the Dioccfc of
Carccffone, all the Inhabitants of the fix Boroughs, compofing the little Territory
of Graiffefac, are Nail-Makers, The Fabrick of Lace employs a good Part of the
Workmen in Velay, and befides the Manufactures before-mentipncd at Mont-
pelier, there are made Blankets, Wax is whitened, and thofc Drams, called Rof-
Jolis, compofed in greater Quantities than can be confiflent with their Drinkers'
Health : But to abbreviate the Detail of this Province's ProduCls, I fhtll cxcule
giving a more particular Account of them than the preceding 5 tho' in the fol-
lowing general one, I fhall fet down the Value of the total Produce and Manu-
factures, and add what Share of it is fuperfluous to the Province's Confvunption^
and therefore fent into others, and abroad.
Merchandize
68;
^■■,. ^1-1
i
684
Of the General Trade o/' //6r WORLD.
Merchandize and Com-
modities of the Growth
and Manufadlure of Lan-
guedte.
The Price at which
each Article in
Trade it fixed and
may amount to in
a common Year.
The Value of the Goodi
and Meahandizei, ex-
tracted for foreign
Parts, and other Pro-
vince! of Framt,
^^Hf «{fi'^' ' *~l
B
3
i
w;-
Grain
Li. 1200000
Wine
830000
Brandy
440000
Hungary Water
1 20000
Drams
150000
Verdigris
200000
Olive Uil
2000000
Woad
50000
Saffron
100000
Prune*
1 20000
Soude, or Kale
50000
Turnfol, or Heliotropium
15000
Chcfnuts
150000
Wood
300000
Staves and Cafks
60000
Silken Goods
] 800000
Cattle and Wool
i 000000
Forged Iron
Nails
120000
140000
Melting down old Copper
20000
Paper
140000
Parchment
15000
Card!
60000
Soap
105000
Whitening of Wax
150000
Linens
30000
Laces for Stays
1 0000
Pilchards, and other Salt-Fifh
I 00000
Lamb, and Kid Skins
800000
Gloves
50000
Sheep, Goat, and Buck-Skini>
drefTed into Chamois
358000
Glue
50000
Drinking and Safh GlafTes
20000
Plate Glafs
30000
60000
Laces of Puy
FuAians and Dimities
90000
Blankets «
230000
Hangings
20000
Fine and ordinary StufTa
4100000
D° Cloths
8450000
Worfted Stockings
40000
Hats
400000
TafFcties, Ribbons, and
Silk Stockings
900000
Coarfe Silk Stuffs
Scooo
Confeftion of Alkermes
50000
Eels of Aigucfmortcs
35000
Sardignas
30000
Garden-Seeds
30000
400000
830000
44c 000
1 20000
150000
200000
I 000000
25000
80000
60000
30000
15000
60000
150000
30000
1 500000
600000
8000
60000
1 0000
100000
30000
5000
50000
60000
400000
30000
150000
40000
60000
200000
5300000
150000
600000
50000
50000
20000
15000
15000
Livres 25198000
Llvres 13093000
22. 0/
:i:.
H5I
ILD.
e of the Goodi
rchandizei, ex-
f'or foreign
ind other I'ro-
f France.
400000
830000
44c 000
laoooo
I 500C0
200000
I 000000
35000
8000a
60000
30000
15000
60000
1 50000
30000
1500000
600000
8000
60000
1 0000
I 00000
30000
5000
50000
60000
400000
30000
150000
40000
60000
200000
5300000
150000
600000
50000
50000
20000
15000
15000
res 13093000
FRANCE.
22. (^ iht Lovitr Navarre and Hcarn.
IP Btarn cannot be called fruitful, the Lower Navarrt ii much left (b, being a
inountainOui barren Country, whofc Soil will not produce any thins but through
puree of Application and Caret and it is owins to tnc AfTiduitv, Labour, and In-
duAry uf the Inhabitants, that it yields the liutc it docs. The Valleyi of Barttont,
Aj^t, and Offant, in the I'recindl, or Senechaufte, of OUron in Btgrn, pruducet
Pines to inaiceMalU fur the Royal Navyt they liKewife enclofe fomeMinci of Lead,
Cupper and Iron, which employ a C^ntity of Purges, Pounderiei, and Hammerti
lame Salt is alfo made in diflfcrent Parts of Beam, though very little more than
Icrvcs fur the Natives Cunfumption. The ProdudUons uf this Country for Trade
arc Wine. Wheat, Millet. Oati, Apples. Plax, and Hemp, with which latter they
make Ibme Linen, as they do Cyder with their Apples ( felling their Wine, of
which that of the Sencfcnnlry of Moriac is eftcemed excellent. Thcfe two Pro-
vinces, more efpccially the Mountains of Navarre, have mofl admirable Pafturage,
which enables the Inhabitants to breed and raifc a great Number of Horfes. black
Cattle, and Sheep, of which latter the Wuol is fo nne as tu pafs for t|iat of Sfain t
though here arc no Woollen Manufactures, except a trifling one for coorfc Cloth*
for the poor Natives Uic.
83. 0/* French- Planders,
OF which Lijle is the Capital and Centre of its Trade j its Manufadures, and
the Undertaking of its Merchants, employ and maintain about 100,000 Work-
men, cither in the City, Suburbs, plain Country, or the neighbouring Vilbges :
The Commodities which this Part of fVd«(/«'r/ produce, arc Grains of all Sorts, for
the Food both of Man aiui Bcaft; Hay. Wood, Fruit, Wool, Horfes, Flax, Cattle,
Butter, and prodigious Quantities of Rape Oil.
The Manufadtures confift in Cloths, aergcs, Ratines, and diverfe other Sorti of
Stuffs, made with Wool alone, or mixed with Silk or Thread) and others, whero
ieveral Sorts of Linens are made, both figured and plain ; Hides differently tanned;
Tickings, Camblets, Damafks. Velvets, Laces white and black (either of Thtcad or
Silk) TapiAry, gilt Leather, Pipes, Match, Paftboard, Stockings, Breeches, uaps,
and other fuch knit or wove Work ; fine Ozier Bafkets, Hats, Barragons, Ctijxa,
Blankets, and feveral other Species of Stuffs: All thefe M;mufadture8 are eftabliijied
in the City oiLifie, and the Commerce they occafion can hardly be imagined. At
Orcbies are made Trippcs j at Douay, the tame things in Proportion as at Lifle i at
Armentiert Eflaminas, iome Cloths, and a very few light Stuffs; it is in this City
alfo that the Linens made in the adjacent Parts, are all fold \ at Latm and its Jurii-
didtion feme light Stuffs alfo are made. At Gorgcbe is a Fabrick ofplain and figu-
red Linens, whitened in the Whitflcries of this Place, which are excellent for the
Purpofe. There are feveral Looms of Woollen Stuffs, or thofe mixed with Silk,
at Roubais and Turcoing ; at Mei^in is a Fabrick of Linens and another of Hats j
and in fine, at Tournay arc made worllcd Stockings, mock Plufh, and Earthen-
Ware.
t
24. Of Lorrain and Bar.
THERE arc but few Woollen Manufactures in either of thefe Dutchics, vn^
none of Silk ; what little is carried on of the former is at St. Nicholas, St. Ma-
ria au Mines, but the Cloths are very coarfe and in little Efteem. At Nancy is a
Fabrick of ordinary Hangings, though Co trifling, that I flxould not have mentioned
it, but to avoid leaving out any Manufacture in a Country where there are fo few.
That of Thread Laces is not only more confiderable, but is almoft the only one thrt
merits any Regard j Mericeurt, Vezelize, Neufcbateau, and fome Villages in their
Juril'dtCtion, arc the Places where mofl are made, and employ five or ux hundred
Women or Girls j it is true they are far from being fine, out of a Qijdity very fit
for the Spanijh Markets, where feveral thoufand Pieces are annually fcnt. Houfhold
and other Sorts of Linen, Worfted Stockings and Caps, Hats, Cordage, Nails, and
8 lyi Paper,
685
>
i
i'.i''
w
m
22. Of
J ■ ,
6S6 Of the General Trade of the WORLD.
Paper, are alfo Manufadlures of thefc Provinces, but all confunied at home ; and
what they afford for Trade, is Salt, Iron, Alum, Saltpetre, Wood, Cattle, Wool,
Rape Oil, Honey, Wax, Wine, Brandy, Skins and Glafs. Places proper for
making Salt, are found in many Parts of Lorrain, fo that at leaft a Do:;en might be
appropriated to this Purpofe, which would furnifh a large Quantity of an ex-
celleot Sort ; though only three arc now wrought, viz. at Rozieres, Cbattau-
Salins, and Dieufe.
The Iron Mines are chiefly in the Mountains of Vofge, though there arc fome in
the plain Country ; they afford plenty of Metal, and employ a great Number of
Forges. The Allum Mines are only found in the Voyvre near Longevi, and arc of
little Advantage to the Lorraimrs, as they neither know how to extraft or prepare it.
Of Saltpetre they have no Mine, but colleft it, as clfewherc, on the Walls of old
Houfei, and other antique Buildings. Timber and Mafls are felled in the Moun-
tains of Fojge, both for Ship and Land Ufe ; and the Glafs-hoiiies are eftablifhed in
the Woods of the Provoftry ofArnay, in thofe of St. Michael, and at the Village
of tavoy, three Leagues from Nancy. Brandies arc diftilled at Pont-a-MouJ)'on,
though not from Wine as i:. other Parts of France, but from the Preffings of the
Grapes, which ?,re every v/here elfe regarded as ufelcfs, or at moft ferve only for
Feeding of Pidgeons, or to dry and burn. The Skins, particularly thofe of Bears,
which are taken in large Quantities in the Mountains, and the FortH oiFofge, are
{o\A it Strajbourgb, &c. Wheat grows here in Plenty; and the Lorrainers are
cfteerned the bell Founders in Europe, efpecially for Cannon, I -rtars, and Bells ;
the Inhabitants of Levejcour, Outremicour, and Breranne, arc the moft reputed for
thefc Fabricks, and this Art may be regarded as a Sort of Trade in Lorrain.
If >
r "
Iv
.,,,
25. Of the three Blfliopricks.
T TNDER this Name arc comprehended Metz, loul, and Verdun, three imperial
^ and epifcopal Cities in Lorrain, now fubjeft to France. The Produfts of this
Country arc Wine, Wood, Grain, Salt, Hides, Fruits, Confeftionary, Brandy,
Linen, and wrought Wood of St. Lucia, (a fwccii-fcented Wood;) befides which
here are fcveral Woollen Manufadlurcs, and Fabricks of Caps ; the beft of which
hre eftabliflied itMetz.inA its Neighbourhood, which confift of all Sorts of Ratines,
diverfe Species of thin Serges for the Womcns Wear, coarfe Cloth, with fome
Druggets, and Eftaminas. Tout and Ferdun have alio fome of thefc Manufadures,
but very inconfiderablc, both in Quantity and Quality. Worfted Stockings arc
made in all the three Cities, and thefc Parts abound fo in Tanneries, that there
are above forty at Metz, more at Verdun, and fcveral at Toul. A Sufficiency of
Salt is extradcd from the Works of Moyenvic, as thefc produce about 9000 Muids
per Annum. Oil is made here from the Lorrain Rape-Seed, both for their Woollen
Manufadures and Lamps. The Mountains of Vofge furnifli the three Bifhopricks
with Cattle, Butter, Cneefe, Skins, (efpecially inofc of Bears) and Wood for all
Ufes .; befides which they make Brandy in the Manner as is expreffcd under the
preceding Sedtion of Lorrain,
26. CyAlfacc.
THERE is nothing nigh the Trade carried on in this Province, as its Fertility,
and the Number of its Produfts feem to promifc; however, Strasbourg (Ca-
pital of the Lower Alface) furniflies Trade with Tobacco, Brandy, Hemp, Madder,
Mkermes, SaflFron, Hides, Trllow, Wood, and large Cabbages, of which lafl
Ccmmodity, though feem;n>^'y trifling, there is yearly fold at Mayence and in Hol-
land, to the Amount of 3000; Crowns : The Manufadhircs of this City confift of
Hangings, ordinary Cloth"', Blankets, Serges, and fome Linens, made both of
Hemp and Flax ; at Giromani, St. Marie-au-Mines, AJiembare, and Munjler, are
Mines of Silver, Copper, and Lead, all in the Upper Alface ; and to melt and pre-
pare the Iron of thefc Mines of Befort, there arc many Furnaces and Forges in
the neighbouring Foreft, and for thofe of Copper, a Number of Hammers
and Foundcries.
27. Oj
IRLD.
at home; and
, Cattle, Wool,
aces proper for
)o^en might be
tntity of an cx-
ieres. Chateau^
lere are fome in
reat Number of
ngevi, and arc of
aft or prepare it.
the Walls of old
:d in the Moun-
ire eftabliHied in
at the Village
Potit-a-MouJJ'on,
Preffings of the
ft ferve only for
y thofe of Bears,
K^oiFoJge, are
t Lorrainen are
rtars, and Bells ;
moft reputed for
in Lorrain.
m, three imperial
: Produfts of this
iionary. Brandy,
I ;) befidcs which
he beft of which
1 Sorts of Ratines,
;^loth, with fome
ife Manufaftures,
ted Stockings are
leries, that there
A Sufficiency of
bout 9000 Muids
For their Woollen
three Bifhopricks
x\A Wood for all
preffcd under the
e, as its Fertility,
, Strasbourg (Ca-
Hcmp, Madder,
s, of which laft
yence and in Hol-
lis City confift of
s, made both of
md MunJJer, arc
to melt and pre-
;s and Forges in
;r of Hamtners
27. Oj
FRANCE.
27. Of Rouflillon.
TH E Wool, Iron, and Olive Oil of this Country, are the principal of its PfO*
dufts for Trade : Tiie firft of thcfe are fo fine and good, that thcjr almoft
equal me Spanijh in Quality j the Bxtraft of Oii in a common Year, is to the
Worth of 2 to 300,000 Livreij but of the Wine, though good. Only a midling
Quantity is fold ; the reft of their Trade confifis in Wheat, Millet, large Catde,
and Sheep. Rot^ffilhn has no one conliderable Manufafture ; here are howevcf
fome Blankets, ordinary Linens, and coarfe Cloths, made for die Peafants Cloath^
ing and Ufe.
T Have now finiihed my Detail of what each Country of l^rd«r^ produces, and
■■■ ftiall next inform my Readers how thcfe Produfts are difpoled of, in the general
Traffick of that Kingdom, excufing to mention any Thing of the Trade carried on
with Great-Britain, as tb' has been fpoke to already.
The Commerce oi France is extended almoft to every Part of the known World*
where any is carried on, and it is this only I (hall (peak of, without regarding theit'
Home Trade, and fhall begin firft with that they maintain with Holland, ai thti
moft confiderable of any other they are engaged m ; and the principal Cities con-'
cerned in it, arc Paris, Rouen^ Orleans, Dieppe, Dunkirk, St. Falery, Caen, Nantett
St. Malo, la Rochelle, L'lfle de Rhi, L'ljle iOleron, Bourdeaux, Berberat, Mon-
tauban, Bayonne, Lyons, and Marfeilles, whofe Trade witli the Dutch I ftiall de-
fcribe in Order. Of the Manufaftures of Paris, are fent to Holland, all Sorts of
rich Silks, as Gold and Silver Brocades, and thofe without either of thefe Metals ;
Gros de Tours, Damaftc, flowered and plain Sattins, Tarandines, Thread Laces,
Ribbons and Girdles, Aprons, Hesf^ DrcfTes, Gloves, Fans, Jewels, Books, ©t\
From Rouen they extraft Linens, Caudebec Hats, Laces of Silks, and of Gold and
Silver, true and falfe. Silk and Worfted Stockings, diverfe Sorts of Mercery and
Hardwares, Greening Weed for Dyers, Thiftles for Clothiers, Safh Glafs, Boil
Cretion Pears, Rennet Apples, Cyder, and Sweetmeats. From Orleans, they have
only Gdtinois Saffron, Orleans Wine, and fome from the Loire, and Brandies i
Dieppe furnifhes them with Safh Glals, Laces, Mercery, and Hardwares, and a
large Quantity of Combs, and Horn Tobacco-Boxes. The Trade of Dunkiri
with Holland is now reduced to the Importation only of the Returns the former
gets by its American Commerce, and which is principally fent to Rotterdam. St.
Falery has hardly any Trade with the Dutch, nor docs Caen remit them any Thing
hut Paper, which is fent both to AmRerdam and Rotterdam. St. Malo ftlpplies
the former with Paper, Honey, Grain, Calf-SUins, Grindftcnes, India Goods,
coarfe Sugars, and feveral SpanUIj Commodities.
Nantes fends them Bretagne Linen, Butter, (when fcarce in Holland) Corn, ftich'
as Wheat, Rye, and Maflin, Honey, Gdtinois Saffron, Loire Wine, and Brandy,
Paper, Prunes of St. Catherine, Sugar, Indigo, Cacao, Rocou, (for Dying) and
Cotton Wool : Roc belle i\xni\^ch Amfierdam with Wine and Brandy, Salt, Paper,
brcwn Sugar, Syrup, Indigo, Martinico Cacao, Walnut-Tree Boards, (Sc. The
Iflcs oiRhe, Oleron, and Town of Cognac, fupply it plentifully with fmall Wines,
(particularly that from St. Mar tin J Brandy, and Salt. Bourdeaux fends there
Brandy, Vinegar, Perigord Chefnuts, Prunes of St. Antonin, Walnuts, and
\Vdlnut-Tree Planks, Honey, Montauban Saffron, Linfeed for Oil, Paper, Turpen-
tine, Rofin, and Pitch, coarfe Sugars, Indigo, and Rocou, Syrups, and feveral other
Commodities. Bcrgerac only affords for this Trade, Wine and Chefnuts, with
which at leaft a hundred and fifty Ships go yearly loaded from hence and Z./-
bourne to Amjlerd'm. From Bayonne are carried there the feveral Wines oi Jour-
narifon. Beam, Chaiojje, and Cape Breton j Brandies, Chefnuts, Prunes, Hams,
Liquorice, Turpentine, Rofin, and Pitch j a large Parcel of iS*^.*?^ Wool, Honey,
Bed Feathers, and Linfeed. Lyons deals only with Amjlerdam, in Silks and Ex-
changes, though Marfeilles fends there Olive Oil, Soap white and marbled.
Brandy, St. Laurence Wino, Olives, Capers, Anchovies, Honey, Almonds, Figs,
Raiiins, Currants, Tunny Fifli, Dates, Verdigris, Perfumes, Woad of Languedoc,
M<iifeilles Quilting, Silk Stockings oi Nifmes, all Sorts of Arabian »nd Levant
I Drugs,
687
■:i':l
t! 7'
• #^^
M^
j^™';**-
m/'i
ffir.
6SS Of the General Trade o///'^ WORLD.
Drugs, Coffee, Silk, Cotton Wool and Thread, Angora Goats Hair, Camels
Hair, and feveral other Sorts of MerchaitdiHC.
And what Holiandkads to France in Return, are Cloths, Cambricks, Hollands,
CottoD Wool, and Threat^, Chints and Muilins (but thefe by Stealth, as they arc
contraband) Sugar-Candy, Peppfei*, Cinnamon, Cloves, Mace, Nutmegs, writing
QJMh fine Wod, Horle Hair, Ox Horns, Drugs for Dying, Diamonds, Pearls,
ttkdSeed Pearls, Madder, Gills, Gums, AUum, Copperas, Vitriol, Pewter, Lead,
Copper, Tin, Sted, Ihsn, Iron' Plates, Pots and feveral other Works of this Metal ;
Limbecks for Diftilleries, and Kettles fir boiling Sugar; Brafs and Iron Wire,
Qu}ckfilver, refined Brimftone, alt Sorts of tanned Hides, Rtr^ Leather, all Sorts
of Skins, Flax, Hemp, Cables and Cordage for Ships, Sail-Cloth, Mjifts, Yards
tnd Plank for all Marine Ufcs, Timlicr for Houfe- building, Rozin, Pitch, Tar,
Qte^c, Tallow, Candles, Butter, Salmon pickled and fmoaked. Herrings, Whale-
bone, Train, Linfced and Rape Oils, Linfeed for fowing, Mufk, Civet and Am-
bergiis. Coral, and yellow Amber, Staves, Cafks, Arties for the Soap Works and
Whitfters, white and yellow Wax, Wax Candles and Flambeaus, Starch ; all
SorUoflliread for Sewing or Weaving, as alio for making Cables and Sails,
Chlqc-Ware, Tea and Chocolate, Couries, and all Sorts of Copper Bafogs and
Merceries for the Guinta Trade j Tapeftries of different Species, Cannon, and
all Sorts of Fire-Arms, Powder, Bullets and Bombs.
By which may be in Part feen how coniiderable a Trade is carried on between
France and Holkndi and if we may believe the Author of the Memoirs en the
Commerce of the Dutch, Monf. Boreel, who was their AmbafTador to his moft Chrif-
tian Majefty, had declared and proved to the French Court, that in the Year 1658,
Goods had been entered in the feveral Cuftomhoufes of the feven United Pro-
vinces to above three Millions ahd a Half of Guilders in Value, in the following
differmt Sorts of Commodities, viz.
Of Velvets, Sattins, Gold, Silver, and other Brocades, Taffeties, dSc.
made at Lyons, Tours, and Paris, to the Value of
Of Silk Ribbons, Thread, and Gold and Silver Laces, Buttons, Stay-
Laces, &<r.
Of CaAor, Vicuna and Caudebee Hats, made at Paris, &c.
Of Feathers, Belts, Fans, Head-Drefles, Looking-Glafles, Watches,
Clocks, and other Merchandife of this Sort
Of Gloves made a.t Paris, Rouett, and Vtndome
Of Wools Ipun in Ptcardy
Of die different Sorts of Paper made in Auvergne, Limofin, PoiSou,
Champagne and Norman^
Of Pins and Needles, Box, Ebony, and Ivory Combs
Of Hardware from Aimer gne
Of the diiferent Sorts of Linens from Bretagne and Normandy
Of Furniture, Beds, Qmlts, Blankets, Curtains and Fringes
Of Bourdeaux, GafieyneT^aintonge, Orleans, Anjou, and Nantz Wine
Of Brandy andViiiegar
Of Saffivn, Soap, Honey, Almonds, Olives, Prunes, &<-.
Guilders.
6,000,000
2,000,0C9
1,500,000
2,000,000
1,500,000
1,500,000
2,000,000
500,000
500,000
5,000,000
5,000,000
5,000,000
1,500,000
2,000,000
Which Imports together make thirty-lix Millions of Guilders 36,000,000
Monf. Boreel (favs our Author) reprefents, that befides all this, /fcZ/jn^ annually
extratled from RocbeUe, Marans, Brouage, and the Iflandsof jR^/and Oleron, above
five or fix hundred Ship Loads of Salt, without including Hemp, Wheat, and other
Grain that they take from France in a plentiful Year, which fometimes amounts
to more than nx Millions ; and though this Trade mud have fuffered fbme Altera-
tion in near a Century, that has elapled fiince the above Calculation was made, yet
it ftill continues very great, and moft of the fame Commodities exchanged as was
by the preceding Account.
The French likewile carry on a very important Trade with Portugal, Spain, and
Italy, though nothing nigh fo much as they formerly did, as Spam in particular
Jiai within a few Years paft fet up feveral Manufa^ures of Silk, more efpccially at
2 Fakncia,
>RLD.
ts Hair, Camels
bricks, Hollands,
calth, as thejr arc
Nutmegs, writing
•iainonds. Pearls,
3I, Pewter, Lead,
ks of this Metal;
!s and Iron Wire,
Leather, all Sorts
ith, Mafts, Yards
)zin, Pitch, Tar,
Herrings, Whale-
:, Civet and Am-
Soap Works and
:aus. Starch; all
[fables and Sails,
opper BafoQs and
:s. Cannon, and
irried on between
5 Memoirs on the
to his moft Chrif-
n the Year 1658,
zvcn United Pro-
, in the following
'Sc.
ay-
ies»
'Ott,
hm
Guilders.
6,000,000
2,000,0C9
1,500,000
2,000,000
1,500,000
1,500,000
2,000,000
500,000
500,000
5,000,000
5,000,000
5,000,000
1,500,000
2,000,00a
36,000,000
Holland ^nfivaWj
adOleron, above
Vhcat, a/id other
letimes amounts
red fome Altera-
j was made, yet
xchanged as was
fu^aJ, Spam, and
'am in particular
loreefpcciallyat
f^aimcM,
FRANCE.
Valencia, which now rival the Lyonois Fabricks in Pattern, Goodnefs, and Dye ;
they however ftill fupply Portugal with this Commodity, and both Kingdoms in
feme Woollens for their American Trade; on the contrary, raw Silk is carried from
Italy to France as well by Sea as Land, and all the Italian States in Return take off
fome Part of their fleecy Treafur** wrought into Serges, Cloths, Druggets, Gfc. Of
Hats, fome are yet exported to all thefe Countries, though in nothing near the
Quantities as was ufual when thofe oiCaudebec were the celebrated ones oi Europe ;
their Linens and Lace alfo continue to find a Sale as well in moft Parts oi Italy as
die Spanijh and Portuguefe Dominions, both in this Part of the Globe and America;
and thefe States furnifh the Wants of the French with large Parcels of Hides from
Buenos Ay res and Neuva Colonia, as they do with Snuff and Roll Tobacco ; of the
former it is faid, about two thoufand Ton from Spain, and as much of the latter
from Portugal; they alfo take from Spain large Quantities of Soap ready made,
with Oil and Sofa or Barilla, to minufadure more at home ; and with this latter
they likewife fupply themfelves for their Plate Glafs Fabricks. With their Wine,
Brandies, and Salt, they carry on a prodigious Trade to all the North, for though
many of thofe Parts are fupplied with thefe Commodities at Second-hand by the
Dutch, yet none totally ; for Sweden, Denmark, Ruffia, and the Dantzickers relieve
a great Part of their Wants with their own Shipping, which they load with Iron,
Steel, Copper, Tin, Lead, Powder, Stock-Fifli, Salt-Fifti, Tallow, Wools, Boards,
Mafts, Hemp, Cordage, Tar, and other naval Stores for the French Markets ; tho'
indeed in Regard of tne French Interrft, it fignifies very little what Nations are the
Exporters of their Commodities, provided they be taken off. They carry on an
immenfe Trade to the Levant, and on the Coafts oi Barhary, principally with their
own Produdls and Manufadtures, and fupply all their Wejl-lndia Settlements with
thfem ; they ftiare all the European and American Fifheries, and if they do not do as
much as the Englijh and Dutch do in them, they do more I believe than all the
other Nations put together. Their Commerce with Germany is alfo confiderable,
and a great Part of this is carried on by Land, as the two Empires in many Places
join, fo that Silks, Salt, Woollens, &c. they may get to Market without the In-
tervention of any Sea Carriage, and bring back an Affortment of thofe fine Thread?
andLaces for which many of thofe Parts are fo famous. The Flemings come empty,
and load back with Wine, Brandy, Syrup, and Sail Cloth. The Hamburghers
bring Lead, Copper, Starch, Staves, Steel, Iron j and in Return take Salt, Wines,
Brandy, Indigo, Ginger and Paper. For carrying on their WeJl-India Trad*^, the
French have a Company with an «xclufive Charter, which was at firft formed in
1628, to fupport the Colonies they had at that Time eftabliihed in Canada, and to
fettle others m that vaft TnGt oi Land then moft Part unknown ; this Company
immediately began to flourifh, and the large Settlements fince made there are pro-
|>erly owing to its Adivity and gckxi Management, though it fubfifted no longer
than till 1649, when it began to fell Part of its Grant, and finiftied the Whole by
1651. This occafioned a Succeffion of Companies under different Denomina-
tions, and frequently fplit into feveral Societies, too prolix to be inferted here, till
they were reunited again in one, in 1 664, under the Title of The Royal fVeJi-India
Company (but this only lafted for about nine Years, when the King annulLd the
Patent, and annexed all the America Settlements to his Crown) at which Time
there was alfo eftabUfhed a more confiderable Affociation, I mean that of the
Eajl-India Company, which ftill fubfifts ; and there are now very large Colonies
and Settlemenis in both the different Diftridts, though the Support of the one
and the other has coft that Monarch feveral Millions. Here is likewife the
Company du Bajiion de France, fettled in the Kingdom of Algiers ; and that of
Senegal, after fome Years Tra£Sck, was in 1718 fwallowed up by their grand
Company of the Indies; though out of this fprung their Guinea Company, which
changed its Name for that of the Affiento, and then for the South Sea Company,
and in its Turn loft both the one and the other, in its Abolition, the King lay-
ing the Trade of their Diftrift open to all his Subjedls in 1716. They have alfo
had their Hud/on s-Bay, MiJJiJJippi, JVeJlern, and Canada Companies ; the Company
of Acadie, Company of the North, Levant Company, and St. Domingo Company,
all which have oeen fo altered and jumbled together, that it would take up too
much Time, and be little to the Purpofe, to give a diftindt Hiltory of them ; I
8 N ftiall
689
■;■ t .
wm^
690 Of the General Trade 0/ /i6<? WORLD.
fliall therefore r mclude my Diflertation on the Trade of France, with this ad-
ditional Remark, that notwithftanding its Sufferings by the late War^ it fecms a
very growing one, and muft be regarded with a jealous E^w, I7 cvtry Well-
wiiher to that of Great-Britain.
Of tie Trade of Spain.
THE principaU and mo(l beneficial Branches of this Commerce, have been
treated of already in that carried on with us, as the Trade with the French can
never be accounted fo, the Ballance being greatly in their Favour, even in that
(lefs than midling) Traffick yet fubfifting between the two Crowns. The chief
Places of Trade in Spain, are Madrid, St, Sebaftian, Bilboa, Seville, Cadiz, (and in
its Bay, St. Maria, Port Real, St. Lucar, and RotaJ Malaga, Carthagena, Alicant,
Valencia, and Barcelona, in all which the Dutch have fome Commerce, and, next
to that with the Englijh, the mod advantageous one to the Spaniards. Madrid, the
Capital of Spain, is fituated almod in the Middle of it, and confequently lies very
diftant from the Sea, which however does not hinder its carrying on a confiderable
Trade, by Means of the Correfpondence it has fettled with the feveral Sea Ports
of the Kingdom, and elfewhere, more cfpecially at Cadiz and Carthagena, as thcl'e
are the ufual Places where Goods are landed for the Metropolis ; and it is here that
all foreign Commodities are entered for the Court, on Account of the Difference
in the Cuftoms, which greatly vary between the feveral Ports in this Kingdom.
At St. Sehajiians great Quantities of Wool are fhipped for England, France, and
Holland, as alfo Chefnuts and fmall Nuts for the latter, both from hence and Gigon,
which is but a little dihant. From Bilboa, the Dutch carry Wool, Iron, Saffron,
Chelhuts, Oranges, and Lemons : From Seville they take Olives, Oil, Wool,
Oranges, Lemons, Morocco Hides, and Wine : From Cadiz, they have Indigo,
Cochmeal, Tobacco de Verines, Jefuits Bark, Sarfaparilla, Venelloes, and other
American Drugs and Hides, Salt, Wine, Oil, Figs, Raifins, Wools, Off. At Ma-
laga and Carthagena, they fupply themfelves with Wool, Oil, Olives, Raiflns, Figs,
and Wine, and from this latter with fome Sofa and Barilla. Alicante affords them
ftill greater Supplies, as from hence they have a better Sort of the laft mentioned
Commodity ; Red Wine (accounted by the Dutch a good Remedy for the Dyfen-
tery) Cafile Soap, Annifeeds, Cummin-Seeds, Almonds, Raifins, Saffron, Oil, and
Salt. Valencia, though the Capital of the Kingdom of that Name, and a moft de-
lightful fertile Country, produces nothing for the Dutch, nor indeed any other Na-
tion, but raw, or wrought Silks, of which the firft is however generally all (hipped
at Alicante, when the Extradtion is permitted, (which has for fome Years been de-
nied) and Valencia grows no Almonds or Wines, as moft Authors have erroneoufly
afTcrted. Barcelona is the Capital of Catalonia, where fome few Woollens are made,
though the only Extrafts from thefe Parts for Holland, are Brandies and Nuts,
chiefly fliipped at Saloe. Tb" Merchandizes, which the Dutch carr)' to Spain, are
Holland, Silejia, and Ofnabrug Linens, printed Cottons and Chints, Muflins, Cam-
bricks, Brabant and Flanders Lace, Gold and Silver ditto, EngliJIj and Dutch Cloth,
(though I believe thefe are now prohibited) Gold, Silver, and Silken Stuffs,
Gauzes, Ribbons, Fans, Wigs, Velvets plain and flowered, Caffoys, Silk and
Worfted S'.ockiiigs, Merceries, and Hardware of all Sorts, Pepper, Cloves, Mace,
and Nutmegs, Wheat, and other Grain, when wanted. Wood for the Building of
Shipr, Canvas, Cords, and Twine, bhips built on purpofe for Sale, Anafcotes, Lam-
parillas of Bruges, and Picottes of Lijle, Tapes white and coloured. Butter, Cheele,
fewing Thread, Paper, Cards, Table Linen, Rujia, and other Hides, &c. The
Commerce between Italy and Spain, confifls in feveral Sorts of wrought Silks from
Naples, Florence, Milan, Genoa, Mefjina, and Leghorn, Hoops, Pipe-Staves, Paper,
Linens, and Corn, on Failure of the S^jnifi Harveft. The Swedes and Danes bring
only Iron, Copper, Pitch, Tar, and Lumber; and re-load with Wine, Brandy,
Salt, ^c. The Hamburgoers likcwife take off thefe Commodities, and btfidcs, they
yearly freight two or three bhips, to load almofl folcly with Saffron and Almonds.
The Ifland oi Majorca is vciy fruitful in Oil, of which great Qiiantities are yearly
fliipf cd for all Parts of the North, and that of Ivica is greatly frequented for its
Salt.
SPA
N.
Salt, of which one Sort is different in Colour and Grain from that made at Almat.
The greateft and moft important Part of the Stanijh Trade is carried on at Cadiz,
and this on account of the Galleons and Flotas oeing difpatched from, and return'
ing there. And as it is a Commerce in which the principal Nations of Europe are
concerned, 1 fhall give my Reader fome Idea ofthe Method of its Tranfaftion, and
acquaint him with the Affortments of Goods, proper for an Intereft therein. The
GaJleons was a Name formerly given to large Men of War of three or four Decks ;
and tho' it has been for a long Time difufed with this Significancy, it is howcverftill
retained by the Spaniards, and ufcd indifferently for all the Ships which yearly fall
from Cadiz, for Cartbagena and Porto Bella ; of^thefc, there arc eight for the King's
Account, (which arc Men of War) and from twelve to fixteen belonging to Merchants,
who obtain, or rather purchafe, the PermifTion to undertake th\s American Voyage.
The Ships arc all fitted out at Cadiz, from whence they may fail at any Time, tho'
they commonly depart fome Months before the Flota, (which leaves this Place
always in Augufi > and are about two Years before they return. The Flota confifls
of three Men of War for the King's Account, and an equal Number with the Gal-
leons for the Merchants, from four hundred to a thoufand Ton, which fails (as be-
fore obferved) about Augujl, for la Vera Cruz, and is generally nineteen or twenty
Months in its Voyage, fiefides thefc Diftindtions in the Weft-India Convoys, there
is yet another, under the Denomination of the Flotilla, or little Flota, which the
Spaniards give to fome Ships, fcnl before the Flota on its Return from la Vera
Cruz, with an Account of the Time of its Departure, and what its Loading con*
fifls of. When thefe Fleets fct out together, they feparatc in the Latitude if the
Antilles, and rejoin on their comin? back at the Havana, in the Iflc of Cuba ; the
Galleons are always the richefl, though the Affortments of Goods proper for
the different Markets, much the lame j the following ones therefore will in-
differently fcrve for both.
691
1 ' ^^i
, I,
Prom England.
{
Cloths in twenty Pieces, nineteen Brown and one Black.
Sempcternas, in forty Pieces, the following Colours, viz.
Fifteen Pieces of Parrot Green, fifteen Pieces of Sky Blue, five Pieces of Muik,
five Pieces of Black.
Serges, all Brown, or forted like the Sempcternas.
Eflaminas, wide and well calendered. Brown and Green. |
Serges, fine, of a Scarlet Colour. j
Says, White and Black, well calendered. I
Bombazeen, double. Brown and Greenifh.
■Serges ofHoogwet, half White and half Black, very fine and well calendered.
Bays of Colchejier, the hundred Pieces aflbrted ao follows, viz.
Twenty Pieces Black, fifteen Pieces Parrot Green, fifteen Pieces Sky Blue,
twelve Pieces of the befl Yellow, ten Pieces Scarlet,, ten Pieces Red, eight
Pieces Violet, five Pieces very White, five Pieces Caracucha (a Colour which
I am quite ignorant of.)
Stockings, Worflcd, of the firft and fecond Sort.
Ditto, Silk, ordinary knit, in Packets of ten Pair, viz.
Three Pair Sky Blue, two Pair Dove Colour, three Pair Parrot Green, two Pair
light Yellow.
From France.
Several Sorts of Linen, as Rouenes, Florettes, Blancartes, ^e»
Caflor Hats, two Thirds White, and one Third Black.
Plufh Velvet, the twelve Pieces alTorted as follows.
Four Pieces Mufk, two Pieces Olive Colour, two Pieces Amber Colour, one
Piece Sky Blue, one Piece Flefh Colour, one Piece Parrot Green, one Piece
Black.
Stuffs called Lamas, twelve Pieces, afTorted as follows :
Three
li
mm I
n
»:'
MM: ■
692 0/ t/je General Trade of the WORLD.
Three Pieces Flefli Colour, three Pieces Sky Blue, ihrce Pieces Parrot Green,
three Piece* Caracucha.
Thread Stockings.
L.ccs, Gold and Silver, from one to eight Fingers wide, one Third of each Sort.
Cuts of black Laces, a Foot, '.r half a Yard wide.
From Holland and Flanders.
Cloth, fine, of two Aunes wide, twelve Pieces, afTorted as follows, viz.
Two Pieces Black, two Pieces Scarlet, two Pieces of a light Nut Brown, two
Pieces Olive, two Pieces of d'rep Cinnamon, and two Pieces of Mulk.
Cotton printed Cloths, called Guineas, which are denominated Hollandillas in
Spain i twenty-five Aunes long, and the Aflbrtn lent of a hundred Pieces to be
as follows, Gff .
Thirty Pieces deep Blue, twenty Pieces pale Blue, fifteen Pieces Parrot Green,
fiftfjen Pieces Orange, ten Pieces Mufk, five Pieces Yellow, and five
Pieces Flelh Colour.
Or as the fubfequent ;
Fifty Pieces of Blue, deep and pale, ten Pieces of a pale Flefli Colour, ten
Pieces of Parrot Green, ten Pieces of Orange, ten Pieces Mufk, ten
Pieces Yellow.
Some Pieces of Goods made of Goats Hair, wide and narrow, very fine, of Mufk
and Black Colours.
Nonparels, Palimites, Serges of Liege of a deep Scarlet j ditto, corded, of Holland
of lively Colours ; Dimities, Browns and Greens.
Says, fine, half Black and half of a very good White.
Tapes, White, made of Ervervielt Thread, of twenty-eight Threads, the two
Thirds.
Ditto, Flefli Colour, of eighteen Threads, the other o.:e Third.
Caftor Hats, fine, two Thirds White and one Third Black.
Pepper and Cinnamon, when they are cheap ; as the Chargss run high on them.
Cloves and Mace, in a fmall Quantity, as the Confumption is not great.
Rujjia Hides ; Mufk, in the Cods and out of them.
Wax, White, in Cakes of five Roves ; Knives, with Ivory Handles.
Stuffs of Leyden, of a fine Black ; two and three threaded Velvets.
Plufli Velvet.
Silk Brocades of plain Colours, among which muft be neither Red nor Flefli
Colour.
Barragons of Lijle, and double ones oi Valencienres.
Picote Woollen, of modefl Colours and Browns.
Ditto, Silk, Laitiparilles and Anafcotes.
Serges, ''->e, oi Germany, all of brown Colours.
Cambri.. s, of the fineft and dcarefl Sort?.
Hollands, very fine j and Laces of all Sorts, efpedally fine.
Lace, called Cortes, of the Price of eight or wcteen Rials of Plate the Yard; the
Aflbrtments of the Cortes of Anvers are made for a hundred, as follows, viz.
Twenty Sorts of Tranfillas, in two Aflbrtments, viz.
Ten of one fame Pattern, from two to four Inches wide ;
Ten of another Pattern, from two to five Inches wide.
Forty Aluxeriados, with fmall Holes in,
twenty-five from two to four Inches Width,
fifteen from two to five Inches Width.
Twenty Puntas de Mofquito, the Half from three to eight or ten Inches
wide, and the other Half from four to eight or ten Inches wide, but each
Sort to be of the fame Pattern.
Ten J.icenciados, very fine, of one or two Inches wide, and fome from three
to fovr Inches widie, for Womens Head DrefTes.
Tr?". 'las and Abuxeriadas, of the finefV, from one to two Inches wide.
Dama.tk Napkins and Tablecloths.
Some Platillcs, Eflopilles, and Bocadillcs,
3 From
SPAIN.
693
reads, the two
Prom Itafy.
Lames of Silk of Naples, the ten Pieces aflbrted as follows, viz.
Two Pieces Flefh Colour, three Pieces Parrot Green, two Pieces Sky Blue, and
two Pieces Dove Colour.
Silk Stockings of Milan with long Clocks, each Dozen feparate, with the fol-
lowing Colours.
Three Pair Dove Colour, three Pair Parrot Green, three Pair Sky Blue,
three Pair light Yellow.
Ditto, for Women, of the fame Colours.
Ditto, of Mejjina and Genoa, about half the Quantity as from Milan.
Ditto, for Children, of the ftme Colours.
Guirviones, or Corcondilles of Naples, Meffina, and Genoa, of Brown Colours.
Silk Eftaminas and Gorgeranes, of the fame Colours.
Plain Silks of Florence of a low Price, the ten Pieces afTorted thus ;
Three Pieces Parrot Green, three Pieces Dove Colour, one Piece Sky Blue, one
Piece light Yellow, one Piece of a fine White, one Piece of an Amber Colouri
Flowered Silks of a mtdling Price, with lively Colours, and fome Brown.
Gold and Silver Silks, from twenty to twenty-four Rials of Plate the Yard.
Lamas, of lively Colours, all with Silver, and none with Gold.
Calabria Silk, a hundred Skeins, fortcd as follows ;
Fifty Skeins Browns ; ten Black, Pearl and White ; ten Parrot Green ; ten
Dove Colour; ten deep and Sky Blue j five deep Green ; five deep Yellow.
Since the above Calculation was made, the Spaniards have improved greatly in
their Manufactures, and now (at lead in a great Part) funply feveral of the pre-
ceding Commodities from their »wn Looms j of which E)on Geronimo de Uztariz
fays (in his Theory and Practice of Commerce) there were formerly nolcfs than
fixteen thoufand in Seville, though now they are reduced to about three hundred ;
which Decreafe, though a feeming Contradiction to what I have aflerted of the
Spanijb Improvements, is, however, not fo in Faft j as the Dev.ay of Trade in one
Piacc has been more than equivalently augmented in another j thus the City ofFa-
lencia, Alicant, Alcm, &c. nave gone for fome Years paft cncreafing both in their
Silk and Woollen Manufactures, infomuch, that it is now computed there are ia
thisKingdomonly two thoufand Looms; iaCatalonia^oyz fivehundred ; and in the
Kingdom of Granada a thoufand : And as there are alfo feveral of both Sorts ia
other Provinces, we may reafonably conclude, there are not at prefent fo few as tea
thoufand in all Spain, which one would imagine (hould be fufHcient to clothe bot]»
Rich and Poor, as the Inhabitants of Spain are not fuppofcd to exceed feven Mil-
lions and a half; however we find the contrary, and tho the Imports to that King-
dom are greatly diminifhed within a few Years pad, yet they ftill continue very
confiderable, more efpecially to furni(h out the Aflbrtments proper for xht American
Settlements : Wool and Silk are the natural Produdts of this Country, fo that the
Natives have a conftant Supply of Materials for their Manufactures within them-
felves, and the Crown has prudently prc^ibited the Extraction of the latter, in order
to encourage them, as I doubt not it would the former, did not the Sheep produce
more than fufiicient for the Subjects Ufc. A Patent for the making of Cryftal
Glafs was granted on the 30th of January 1720, to Don John Goyeneche, which
dill continues ; and the fame Gentleman undertook the cutting down, and con-
veying from the Pyrenees, Marts, and Timber for Shipping, which he ftill performs,
by having eftablifhed three Works, in the higheft and mod craggy Parts of thoie
Mountains ; one of them in the kingdom of Arragon, upon the Mountains of Ef-
puna J another in the fame Kingdom, in the Valley of Hecho, and upon the Moun-
tains of Oza; and the third in the Kingdom of Navarre, in the Vale of Roncal, and
upon the Mountains of Maze, Zurizabeiti, and Tzaizpeta, all being brought by
Land and Water Carriage into the River Ebro, for hisCatholick Majefty's Navy.
It is alfo owing to the Indurtry of this great and ufeful Man, that mar./ Fabricks of
Fitch and Tar are cdablidied in many Parts of the Kingdoms of Arragon and Cata-
hnia, more cfpcci.illv in the Mountains of Tortofa, where the great Plenty of Pine:
8 O afford
II
'%.!'
iV
J4
I'.'rt 1
It
!■■
■ .. '
694 0///f>^ General Trade 0/ /.be WORLD.
aftbrd fufficicnt Matter for a very large Encrcafe of thcfe neceflary Commodities j
and indeed moftof the Mountains in Spain arccovcp-d with theft Trees, and tlie
Extraiftion of thcfe Rcfins fo eafy, that it is a Matter of Surprifc any Importation of
it is permitted from other Parts j yet I bcUevc mucli more is brought in than made
Jierc, notwithllanding what Don Geronimo de Vztariz (before quoted) aflcrts, that
the Manufadlurc of all Kinds of Rigging in Port-RmaJ is with Hemp and Tar ct
the i^A^ii Growth. At Sada, in the Kingdom of Urf//fw, Cables, Cordage, and
Sail Cloth are made, as this latter was, foinc Years ago, by that good Subject and
confummate Statefman the Prinrc of Campo Florido, then Viceroy of Falenciii.
The aforefaid Don Johndc Goyniecbc cHwhWihcdi with his Glafs Fabrick twenty-fix
Looms for Cloths, which maniifadurcd fifty thoufimd Yards yearly forcloathing
the Troops J befides others for Soldiers Hats, Buff, andShamois Leather, Looms
for weaving Silk Handkerchiefs, Ribbons, and Girdles ; a Diftillery for Brandy
and Hungary Water. In Madrid has been fct up a Manufadlurc of Tiflucs, Lute-
ftrihgs, and other Silks, in Imitation of thofc made at Z.p/>j iq France, and from
whence moft of the Artificers have been drawn j without the Gates of that Me-
tropolis has likewife been raifed a Fabrick of fine Tapeftry, fimilar to thofc of
Flanden, under the Dircflion of Mailers and Workmen from that Country. The
Tabricks of fine Clotlis at Guadalazara, VaUmero, Alcoy, &c. are very confiderablc,
and are undoubtedly greatly improved both in Quantity and Quality within a few
Years part j yet our abovementioncd Author muS excufe my diflcnting from his
Determination in favour of the latter, when he aflerts they arc as fine as tht
Englijh i for I cannot allow them to be even equal to the French, njuch Icfs to
what is undoubtedly their Superiors ; and I fpeak this with due Deference to Don
Geronimo's Judgment, which I revere in other Particulars, though in this it fcems
fomething biadcd and prejudiced in Favour of his Country.
The Spaniards are well known to have excellent Iron, and may whenever they
pleafe cad very good Cannon, Ball, (Sc. at their Founderies of Lierganes and
Cavada, which are but at a fmall Diftance from the Dock Yardu of Guarnito and
Santona. From the Fabricks of Eugui, Azura, and Iturbieta, a Supply of Bombs,
Granades, Ball, and Grape Shot, may be drawn, and Gunpowder is made (all
glazed) in feveral Parts of the Kingdom. In the Forges of Placentia in Guipuzcoa,
only three Leagues diftant from the Sea, is manufa^ured a confiderable Number
of good F;lre-Anns, fo that they may eafily be conveyed by Water to any of the
Yards, as Nails, Anchors, and other Iron Works, proper for Marine Ufes, may be,
their Forges enjoying the fame advantageous Situation ; Hemp grows plentifully
in feveral Parts of Spain, and might eaiily be cocreafed, if the Natives fet about
Its Cultivation, particularly in the Plains of Granada, Murcia, and Valencia,
tvhere I have icen fine Crops of it, and its Price fo reaibnable, that my afore-
mentioned Author fays, a Propofal was made to furnifh the King with 25000
Quintals, st four Dollars /fr Quintal, clear of all Charges.
I fhall now fay fomething concerning the Companies eftablillied in Spain, and
with this (hut up my Account of the Trade of that Kingdom.
The Royal Company of the 'Phiii^^mti,
'T*HE firft Aflbciation in this Countnr was that now mentioned, whofe Char-
-*• ter was dated at Seville the 29tb of March, 1733, with the following
Articles.
This Company was eftabliflied to carry on a Trade dircdtly to the Philippines,
and had a Privilege, Art. I. To fail to the faid Ifles, and to tra^ ''ere, and in the
Eaji-Indies, and on the Coafts oiAfrick, both on this, and on the .ler Side of the
Cape of Good Hope, and in all the Ports where other Nations I. ive r free Trade.
Art. II. and III. This Privilege is exclufive, and all former Perniiflions given arc
hereby revoked. Art. IV. This Company may hoift the King's Arms in all their
Colours, have a Seal, bearing the Arms of Cadiz, to ufe in all their Affairs. Art.
V. The Ships of this Company fhall pay no Duties, being confidered on the Footing
of the Royal Navyj and the Charity for the Seminary of St. Elme, and the Admif-
iion of Youth for the Study of Navigation, fhall be at the Choice of tht Dirc«aors.
Art.
'«.
SPAIN.
Art. VI. As alio the Nomination of the Maftcrs, Carpenters, ahd Caulkers, on Con?
dition however, that they be with the King's Approbation. Art. VII. If the King
iclls or freights any Ships to the Company, they (lull be luch as it requires t and the
Price of the Sale or Hire rtiall be agreed between the Intendant and Comptrollei'
of the Marine at Cadiz on the one Part, and the Dircftors of the Company on the
other. Art. VIII. IX. X. XI. and XII. They may build Ships in any Part of the
King's Dominions, or out of them ; and if they buy them abroad, they may bring
them to Ciidiz, without paying Duties, except on thoft they re-fcll j and all the
Cordage, Sails, Gff. Hiall enjoy the fame Exemption, as thofe uled immediately for
the King's Service j and in cafe they want any thing from the royal Arfenals, it
fliall be delivered them for its juft Value. Tne Company may fettle Magazines
wherever they pleafe, which C\a\\ enjoy the Privileges as the king's, and be vi-
fited in like Manner with thefe, on Sufpicion of any Fraud. The Diredtors may
nominate their Officers from among any Foreigners, provided that the Captain and
half the Crew are Spaniards. Art. XIII. XIV. XV. and XVI. And the Company
may alfo name Strangers for their Fadtors, who, as well as the Officers, ftiail be
fubjedl to Puni(hment if they do not exadlly follow the Diredtors Orders. The
King will grant the Conjpany fome Troops, if neceflarv; and if the Ships of the
faid Company (which are prohibited going to AinericaJ are forced on that Coaftj
they fhall be regarded as Men of War, and provided, at a reafonable Price, with
all they want ; and in cafe they have not fufficient Ca(h to difcharge the Expence,
they Hiall be fupplied with it from the Royal Coffers, and the Company fhall re •
imburfe the King at CaJiz. Art. XVII. XVIII. XIX. and XX. The Company
may freely embark any Merchandize and ProduAs, either of Spain or other Coun-
tries, to lell or truck ; and they may alfo load 500,000 Dollars, more or lefs, on
each Sh.,}, to employ in the Purchafe of Goods ; and in cafe any Silver remains,
they may truck it for Gold, and on the Extradtion of the fa'd Silver they fhall pay
no Cuftom, Off. The remaining Articles, to the Number of fifty-two, are con-
cerning their Cargoes, Cuftoms, &«.
695
'T
''A
Concerning the Guipufcoa Company^
'T^HE Province of Guipufcoa, feeing their .Countrymen defpoiled of the Caracca
*■ Trade by Foreigners, offered his Catholick Majefly, to equip for his and the
Nation's Service, fojneJVIen of War, and to fend them to the Caraccas, to faci-
litate the Means of preventing the faid Detriment, and fecure the future Ad-
vantages of that 'Trade to themfelves ; his Majefly admitted the Offers, and
granted the faid Province an exclufive Charter for that Trade, on the following
Conditions.
1 . That the Province fhould eredt a Company, and fend yearly to the Caraccas,
two Ships of forty and fifty Guns, loaden with the Produdts of Spain, which fhall
proceed to the Port of Guayea, and being unloaded, fhall go out and cruize on
the Coafl, and take all Ships and Veffels they fhall find carrying on an illicit Com->
merce, and may extend their Cruize from the River Oronoko to the River de la
Hacba, for which Purpofe they fhall be fumifhed with a Commiflion from his
Majefly.
2. That the two Ships fhall be loaded at St. Sebaftitn, or at Pajfage, and inflead
of the Royal Duties which they fhould pay at Cadiz, they fhall render to his Ma-
jefly an equivalent Service, and fail direray from Guipufcoa for the Caraccas.
3. That on returning with their Cargo of Cocoa, Silver. Gold, Tobacco, Sarfe-
parella. Hides, and other Produ(^s of thofe Parts, they fhall proceed to Cadiz ; and
after having been vifited, and the royal Duties paid, they may tranfport to Canta-
bria fuch Part of their Loading as they fhall mink proper, without fuflfering the
confiderable Expence of delivering and re-fhipping their Goods.
4. That the Prizes which they fhall make in America, fhall be divided one-
third to the Crew, and two-thirds to the Com|>any.
5. That the Merchandize taken may be fold at the Caraccas, on paying the
King's Cufloms. The Ships taken, with their Loadings of Cocoa, and othe^-
Goods,
If
<<
nj]
696 Of the General Trade of the WORLD.
Goods, (hall be regiftered and fent to Sf>aM, nnd the Sbips that fhall be deemed
tit for Cruifers, may be equipped for that Purpofe.
6. That the Company's Fadors, having any Qnantity of Cocoa remaining, may
fend it to La Vera Crux, in the Barks appointed for tne I'rade permitted to the
Inhabitants of the Caraccas.
7. That the Favors (hall be obliged to fupply with Goods, befides the Province
of yentzutla, thofe of Cumana, Margarita, and la Irinidad.
8. That the Governor of the Caraccas lliall be nominated Judge, Confcrvador
of the Company and their Dcpendancies, with a Prohibition to all Tribunals and
Minit^ers to intermeddle, witli a Right of Appeal to the Council of tlic Indus,
9. That the faid Ships fliall be exempt from paying Strangers Duties, ^c.
1 o. That his Majefty will maintain the faid Company under his royal Protedioii,
and make thole contcmcd in it, to enjoy all the Rights and Honours, that apper-
tain to thofe of his Royal Navy ; and the Share which any one fhall take in this
Commerce, (hall not prejudice his Honour, Eftate, or Reputation, neither di-
rcftly or indiredtly j but on the contrary, this (hall be a new Luftrc added to his
Gentility, his Services, his Charadcr, &c.
The faid Company formed Bye-Laws, for their better Government, to the
Number of twenty-four, which I e\cufe adding as fuperfluour. here, and for
the fame Rea(bn (hall omit mentioning the Steps taken by the Dutch, by their
Minifters at Madrid and Paris, to obtain a Revocation from his CathoUck Ma-
jefty of the (aid Company's Patent.
m[ 1
mt
''.^:
ft
If"': •
J \
Trade of Portugal.
THERE is hardly a State in Europe, with the Title of a Kingdom, and whofe
King has no additional Territories, that is of lefs Extent than that of Por-
tugal i and yet no one has pu(hed Trade further, or has maintained it with a fu-
pcrior Reputation. Its great Conquefts in both Indies, its Eftab^ftimcnts in ma^iy
Places on tne Coaft of Africa, and the Po(re(rion of the Azores, Madeira, and
Cape de Verd Idands, for a long Time fupported the faid Commerce, which it
might probably have yet prcfcrved, had the Union between this Kingdom and
Spain never happened.
This Union, lo fatal to the Portugwfe Trade, was agreed on in 1580, after the
Death of Cardinal Henry, Succc(ror to the unfortunate Sebajiian, who was killed
at the Battle of Alcacer in Barbary, the 4th of AuguJI, 1 578 j and thereby be-
coming fubjcdl to the Spanijh Monarchy, it found a very formidable Enemy in
the Dutch, who were combating for Liberty, almoft at the fame Time that the
others began to fufFer the Yoke which they were (baking off.
Brazil was foon lo(t, and their new Enemies became Matters of a Part in their
.E«^-/Ww« Conquclls } and being likewife bereaved of a Share of their Colonies
on the Guinea Coaft, they had barely Power left, to fupport the remaining Part of
their African Trade, which had formerly been equally glorious and profitable to
them. It is true, that after a conftrained Union, or rather Servitude of fixty Years,
Portugal recovered its primitive Power or Liberty, and all the States, which it had
remaining in the other three Parts of the Globe, were unanimous with it, in elcft-
ing John Duke of Braganza for their King, and who was accordingly proclaimed
on the id of December, 1640.
But the fatal Blow to the Portuguefe Commerce was ftruck ; for although they
afterwards re-polfeflod Brazil, and their Forts and Eftabli(hmcnts on the African
Coaft, were reftored them ; thofe of the Eaji-Indies were never agab fettled ;
infomuch, that the Trade fince carried on at Lijbon, is nothing in Comparifon
with what it formerly drove ; when the Riches of Perjia, Arabia, the States
of the Mogul, the Coaifts of India, China.. Japan, and all the Iflcs of that vaft Part
of the Ocean beyond the Line, came to be united at Goa, the Capital of their
Eajl-Indian Conquefts, and were by numerous Fleets brought to Limn, for their
Diftribution to ail the Nations of Europe, by the Hands ooly of thefe their fole
Importers.
2 The
lall be deemed
I remaining, may
erniittcd to the
ics the Province
pge, Confcrvador
II Tribunals and
if the Intiits.
>utics, Cff.
[royal Frotedioii,
)urs, that apper-
'lall take in this
lion, neither di-
|Arc added to his
lernment, to the
]t here, and for
Dufcf), by their
s CathoUck Ma-
;dom, and whofe
than that of Por-
ined it wiA a fu-
irtiments in ma/iy
fs, Madeira, and
imerce, which it
his Kiogdom and
r> 1580, after the
, who was killed
and thereby bc-
idable Enemy in
nc Time that the
3f aPart in their
of their Colonies
cmnining Part of
and profitable to
le of fixty Years,
tes, which it had
with it, in elcft-
ingly proclaimed
or although they
s on the African
f again fettled;
; in Comparifon
'aliia, the States
of that va/l Part
Capital of their
Liihon, for their
thefc their fole
The
PORTUGAL
Thcprefcnt Trade of Porn/^a/ is principally carried on by Foreigners j arid tii4
cliicf Places for it arc Lijhon, Porto Port, Ulla de Conda, St. Vba, and Faro ia
I'.urttt ) (hough in the Commerce of their American, and other Settlements, none
but tnc Snhjc^tti can openly be concerned. Of that with the Englijh I have already
fpnki", and (liall now mention what llranch the other Nations are engaged in. Th«
Outih lend to Lijion, all Sorts of Linen, Woollen, and Silk Manufadturcs t fuch
as |>rinteil Cottons, and Chints, Muflins, and Cambricks, Holland, Q/kairug, and
iii/,;/i,i I -ineno. Black Silk, and others. Delft Serges, Men and Womens Clothei
ready made. Wigs, I lats, and Gloves, Silk and Worded Stockings, Rif^a Hides,
Cojiptr Pans and Kettles, Steel, Mercery, and Hardwares, Powder, Cannon Balls^
Hciitp, and Flax, Corn, Paper, and Cards, beiidcs which, moll of the Merchan-
dizes lent from Holland to Cadiz arc proper for Li/hon or the Brazils.
And in return they take from the Parturuefe, Brazil Sugar, Tobacco^ and SnufTsi
Pernambuc, Campecbe, and Brazil Wood, Hides, Cotton, Ginger, diverfe Drugs,
Sweetmeat*, Indigo, (Cochineal, Sumack, Anniiceds, Wool, Oil and Olives, Figs,
KailioN and Almonds, Oranges and Lemons, Pearls, Diamonds and other precious
Stones, Gold and Silver Ingots and Coin.
Tiic t'micb Trade with Portugal is but fmall, as his moft Chriftian Majefty
brought it to this low Ebb, by prohibiting the Importation to his Dominions of
Pvrfuf[Ui'Je Sugars and Tobacco j there is nowevcr a Sale for fome of the French
Brocniks, Perukes, Off. though to no very great Value.
I'lie Commerce with Italy furnidies them with Paper, and fome Linens from
Genoa', Glafs Works from Venice i and Silk from thefe and moft other Parts of
this Country ; who carry back with them Sugar, Hides, Tobacco, Off.
From the northern Powers are brought here Hemp, Flax, Tar, Pitch, Iron, and
all other naval Stores for the King's Yards and otherwifej befides Copper, fome
Linens, &c. and the Ships bringing thefe Commodities (of which the Swedes are
always moft) .cload witn Wine, Brandy, Oil, Salt, Oranges, Lemons, Cork, Su-i
mack, and ibmc few other Commodities.
The American Trade employs a great Number of Ships ; as there fails annually
from Lijbon and Oporto twenty to twenty-two Merchant Veflels for Rio Janeiro t
thirty for the Bay of all Saints ; as many for Pernambuc, and feven or eieht for
Paraiia i thofe tor the two firft Places, of five hundred Tons Burthen i but for
the latter, not above half as big.
All the Ships dcftined for the fame Part fail together, and obferve the fame Me-
thod in their Return i thofe of Oporto joining them of Lijhon. The Paraiia and
Pernambuc Fleets depart all in Company, and come back in like Manner : And
the King grants five Men of War yearly to convoy thefe Fleets, viz. two for Rio
fiineiro, two for All Saints Bty, and one for Pernambuc j fending fome Veflels to
meet them on their Return in the Latitude of the Azores. The Departure of all
thefe Ships for Brazil is commonly in March, and their Return in September or Ocj
tober i and formerly it was permitted to carry Silver with them for Trade ; but now
this is prohibited, and their Cargoes reftrained to be Goods.of which the following
ones are the chief, viz. Flour, Wine, Brandy, Oil, ordinary Worftcd Stuffs, Linen
and Thread of the Country; Silk Stockings, Hats, Bays, Serges, and other Wool-
lens from England and Holland; of whitened Linen called Panicos, and raw ditto
named Aniages and Groga ; Copper Plates, and other Requifites for the Sugar En-'
gines and Mills from Hamburgh ', fome Linens from Bretagnei a few Druggets,
Serges, and clouded Brocades of all Sorts of Colours from France j and Tabbies,
Taffeties, fewing Silk, Paper, Off. from Itify- The Englijh Goods however make
up the beft half, and generally find the beft Difpatch. \ rom t te Bay of All Saints
the Ships come loaded with Tobacco, Sugar, Sugar-Candy, Indigo, Whale Oil and
Fins (which come alhore here in great Quantities from June to September) Cotton^
Oil, and Ballam of Capaiva, Ipecacuanha, Pareira, Brava (or the wild Vine; of-'
firmed by Mr. Savary in his Diftionary to come from hence, though denied by Dr.
James, in his Difpenfatory, to be a Native of this Country, as he fays that it is of
the Eajl-India Growth ; both allow it to be a good Diuretic ; and the former re-
ports that the Portuguefe regard it as a Specific for the Stone and Gravel, which
induced me to mention it here) fome Cinnamon, long Pepper, Ginger, Elephants
Teeth (from the Coaft of y^w/i^ Copper (from .^^fw^oiiv Hides, Silfc, dying and
8 P fweet
«S>?
i
'.
il'f ^'■
tir
698 0/ tk' General Trade 0/ the WORLD,
fweet rcented Wtx)di, Sartron, Roco>-, Ltque, Rock Cryftal; Corot, Ambcrgrik
(thtt the Sea ibmctimc!! throwi a(hore) Amethidi (ot° which here it tt Mine) Gold
(found in the Gravel of a River near a Place called St. Paui, of whicii the King's
FiAh may nearly amount to eight or nine hundred Marki) and all Sort* of Sweet-
meati wet and dry.
The Shipn that touch here from Goa, in their Way to Europt, furniOi the Inhabi-
tants of Brazil with Spice, Drugs, and other Eafitrn Merchandife i and by thofe
from Ansolo and Congo they receive their Negroes (at leaft fifteen thouland yearly)
Ivory, Wax, Honey, C'ivit. Gold, and all other Commodities that thofe I'arts pro-
duce ; but thefe Goods (the Slaves excepted) are moAly fent to Portugal in the
Lijhon Fleet.
J^rnambuc produccN only Sugar, and Brazil for FtrnamiucJ Wood, being fteril
in the NeccH'aries of Life ) and the Inhabitants (which are more numerous than in
any other Part of the BrazilJ would hardly be able to fubfiA without the foreign
Supplies the Ships bring them t on the contrary, Rio Janeiro is extremely fertile
in Sugar, Indigo and Cotton, at it would be in Tobacco, was the Growth of more
than what fuffices for the Inhabitants \J(e not prohibited i it likewife brings Wheat
to Perfedlion, and has Brazil V/ood, Hides, andFiih Oil in Plenty.
It is particularly with the Pertuguf/e of this Part that the Spaniardt of Butnot
Ayres carry on their Trade : thefe furniihing them with Flour, fiiflcet, Salt, or
dried Meat; and the Por/t/^uW^ giving in Exchange, Sugar, Tobacco, Indigo, Wine,
Brnndy, Rum, and fevcral other Merchandifiss that they receive from Europe.
The only Company which I believe the PortugutJ'e have, is that Trading to the
CoaA of Africa, of which I (hall give fome Account, and with it conclude my Trea-
tife on this Nation.
The Fortuguefe African Compawf.
TH E true ObJccH: of this Company's Trade is the furniAiing Brazil with Ne-
groes; and their Patent bears Date from the Beginning of the Year 1724,
under the following Articles :
1 . The new Company engages to build a Fortrefs at their own Expence at the
Mouth of the River y^«^r^ overagainft the Ifleof Cor^9, which belongs to the
King of Benin, near the CoaA of Gabon, otherwife called Pongo, in 1*30' South
Latitude.
2. That they fliall furnifli as many Negroes as the Fortuguefe Plantations in
America fliall have occafion for.
3. Th.it it rtiall not be permitted either to Portuguefe or foreign Ships, to traf-
fick on tl'.e (aid Coaft, on Penalty of forfeiting Ship and Cargo.
4. Nevcrthclcfs, if any Ships arc forced thither, either by Storm or fome other
Nccefllty, the Company's FadVors may permit them to water, and likewife fell
them the Provifions they may ftand in need of, without permitting them, how-
ever, to tranfadt any Bufinefs.
5. That this Conceffion fhall lafl for fifteen Years, after which it fhall be lawful
for his Portuguefe Majefly to prolong the Term, or to re-enter into PofTeflion of
the Country granted.
6. In this laft Cafe, his Majefty may take PofTeflion of the Forts, Artillery,
Ships, and other EfFeCks of the Company, on paying ready Money for them, ac-
cording to a Valuation.
Some Time after this Grant was made publick, the new Company fixed up at
Lijbon Billets, declaring the Conditions under which an Intereft might be had
therein, the Funds it would confiA of, and the Price of the Actions. Thefe Con-
ditions were couched in twelve Articles, of which the principal ones are.
That the Fund fhould only be one MilUon of Crufades.
That the Adtions Ihould be worth athoufand Crufades each, of which the Pro-
prietors fhould pay three hundred Crufades at fubfcribing, the fame Sum in the
Month of U^Yfw^r, 1724; and the remaining four hundred Crufades whenever
the Company thinks proper, after fix Months Notice.
That thofe Proprietors, who fliall not comply with the Payments at the Time
prefcribed, fhall forfeit what they have already advanced.
That
'';.:"
I T A L V.
That the Contpany (hall pay the Prnprictori, a Year after the ftrll Undartakiri);,
a Dividciui of five /'■•r Cent, on the Capital Sum they Hiall have paid in, and thiit
fuken from the ProHts whiih the Company (lull tnake by their Trade.
In fine, that the chief ur general Commander, who hat undertaken to form thii
Comiiany, fliull have fourteen ptr Cent, upon the Profits that it lliall make, on
which he undertakes to pay the Kadtors, and other Perfons, that he null deem
neccflary to be employed, on the CoalU of Aftkk, at Lijhon, Hraul, or ellcuhcrc.
6.;9
i
pf tbt Trade of Italy.
And firft nf that tif Venice;
'T^IIE Comnictce of this Rcpublick is hardly to be imagined, though there is nO
■*• Comparifoii between the prclent and former State of it, when it was froin
hence that all the other Ruropfan Countries were furniflied with the Produdts of
all the Edji i however it is yet fo confiderable, as to Aand the firft (and I think
by fiu) amone the trading States of that Part of the Globe.
The (^intitics of Cfold and Silver Tifllies, and other Silks made here, is prodi-
gious, and are fold in all Parts of Europe, where thefe Sorts of Commodities find a
Dilpatch i bnt the Confumption is more particularly great in all the Levant, where
it fprc:td.<; d;kily more and mores and it is afTcrted for a Truth, that the Turks take off
larger Quantities than all Europe put together ; befides which, this State produces
tlice, Currants, Looking Glafs and other Cryftal Works, Beads, Laces, Gloves,
SnufF-Boxes, Silk, Coral, Tartar, and Cream of Tartar, Oil, Olives, Drugs, fine
Ldcque, Orpiincnt, Anis and Coriander Seeds, Brimflone, fine Steel, Turpsntinc,
and Soap : They likewifc make fome Cloth here^ which was fortnerly greatly va-
lued for its Dye, though its Quality is not a little Inferior to the Engltfi, French
and Dutch. The Armenians eflablilhed at Venice, and thofe who annually arrive
there, contribute greatly to the fupport of its Trade in which the Enelilh and
Duttb Ships allb find a Convenience, as thefe are gen .illy the Carriers of the faid
Merchants Goods from the Levant. I have already briefly mentioned the Parti-
culars of its Trade with us, in which thirty or thirtv-five Ships are annually em-
ployed, in carrying there Lead, Tin, Pepper, Sugar, CJinger, Dying Woods, Hides,
Woollen Goods, Herrings, Salmon, Pilchards, Stock-Fifh, &c. which Ships re-
tarn loaden with Cuh-ants, Hemp, Brimflone, Beads, Drugs, Oil, fometimes
Rice, CSc.
Froih HaHthurgh, Holland, Norway, and the Baltick, ten or fifteen Ships arrive
yearly, with Dying Woods, Pepper, Cinnamon, Cloves, Mace, Ruffia Hides, Brafs^
iron. Pitch, Tar, Stock-Fifli, Gff. And thefe Ships reload with the fame Goods
us is before-mentioned for England, with the Difterence that to thefe Places are
carried more Silks.
Former'v there came annually from Lijbon to Venice near three thoufand Cherts
of Sugar, iti Return for the Cargoes of Corn fent there from Ancona, Sicily, and
the Levant ; as allb Rice, Turkey Wheat, Steel, Looking, Drinking, Window
Glafs, &t-. But as for fome Years part, the fame Quantity ot Sugars has been intro-
duced from France, the Trade from Portugal has in Proportion gone decrealing,
as this has augmented.
From Cadiz and other Ports in Spain, Venice gets Indigo, Cocheneal, Woolj
Barilla, ^c. for the Produce of the lame Effedts, as was lent to Li/bon.
To Genoa and Leghorn arc fent jnany Cargoes of Corn, which the Venetian
Veflcls commonly load in the Archipelago, and fome Windmv Glafs, ^c. fomc-
times repaid in Goods, but oftener by RemifTes.
There is font to the Kingdoms of Naples and Sicily, large Parcels of ordinary
Cloths, Steel, Iron, Writing Paper, Looking, Drinking, Window Glafs, Off. and
received from thence. Oil of Almonds, Sola, Pirtachoes, Silk, Pitch, Lemdns,
and Lemon Juice.
In fine, the Tra : which Venice carries on with the Morea in the Gulfs of !,<•-
panto and At hem o.K'ht not to be forgotten j as it is from thefe Places, that a
great deal of Wool, SWr, Wax, Galls, Valonea, Oil, Cottoh, Gtain, Honey, Tar,
Gfr.
i
fi- 'i^
M (
' ' r!,
'^
Si.
700 Of the General Trade of the WORLD.
^c. are cxtradted, befides a prodigious Qiuntity of Chcefe ; for which the Vene-
tian! generally pay in Money, except fome Loadipgii cf Fir and Larch Planks,
with a lew Nails and old Iron, which, however, employ feveral Ships continually.
This is the princip^ Commerce that Venice carries on by Sea ; that which
/he tranfadts on terra-jirma is alio very confiderable ; for befides what it has with
a great Part of Germany, it furnirties all the Wants (either from the Eaft or Weft)
of the States of Parma, and Placentia, Modena, Bolonia, Ferrara, Mantua, Milan
and all Lombardy ; and even of Piedmont, by Mc^ins of the Rivers, which faci-
litates its providing all thefe Places on eafier Terms than by Genoa, Leghorn, or
Ancona; befides this, it alfo fends all Sorts of Goods into its own andtheErr/^-
Jiajiical State ; more particularly a great Quantity of Wax, which is wrought, and
finely blanched at Venice ; lierc are likewife Sugar Refineries, with which is car-
ried on a good Trade, as there is with Soap, Glafs, (3c. And the fole Privilege
to fell Tobacco, (imported from Salonica and Albania) in the Venetian Territories,
adtually produced in the Year 1741, the Sum of 736,000 efFediv; Ducats (which
make 950,000 Current) for the Term of five Years.
And to preferve the confiderable Trade carried on with Germany and Turkey
(which in Value furpaflfes all others) the Republick has granted large Privileges to
the Merchants of both Nations, eftablilhcd in this Capital, and have afligned vaft
Edifices to the one and the other, as weiJ for their Habitation, as a Dcpofit for
their Merchandize; that of the Turks, called the Palace of Turkey ; and that of
the Germans, IlFondaco de Tedcf hi.
If any Difoute happens between the Turks and the Republick's Subjefts, in
which the former think themtllves offended, they demand Satisfaiftion in fo
haughty a Manner, and receive it fo promptly, that it feems as if there was a
Fear to refufc it them.
In Regard of the Traffick with the Germans in Stiria, it : partly by Sea and
partly by Land in Waggons j and with this I conclude the Trade of Venice j
though before I ctofe the Sedtion, I Hiall add the following Method of calculating
the Venetia.i Money, as I was not fo explicit about it, when 1 treated of its Bank.
Concerning the Agios at Venice, and the Difference between Bank and current Money.
THERE are two Agios, the one conftant and fixed of 20 />>•»• Cent, called the
Bank Agioj the other fiuduating like that of Amjlerdam, and is from 120
to 128, which is called the Sopragio, bccaufe it is calculated on the Bank Money,
after the firft Agio is added.
As for Exam^j/e,
Ducats 2000 Banco at the Sopragio of 128
^ 400 Bank Agio of 20 fer Cent.
B>
2400
20 480I
4 96 > Sopragio of 128.
4 96)
Ducats 3072 Current.
128 100 3072 to 2400 from which deducting 4 for the Bank Agio of 120
i 400
Ducats 2000 Banco.
But however the Sopragio vary, be it 128 more or lefs, fuch Sum •£ Ducats
current will be reduced to Duc4ts 831 Banco.
lit) '
From
-i
-vt-i,
ITALY.
From hence it appears that by making 834., the middle Term, or by multi
plying the current Ducats by 83 ;., and dividing by the Sopragio, the Amount ii
Banit will be given.
Ducats 2000 Banco.
128 834 3072
9216
24576
1024.
256000
2000
The Bank of Venice is fliut on all Holidays, and every Friday of the Week in
which there is no Holiday j befides which there are four Times of the Year in
which it is flint, for feveral Days together, agreeable to the Order of the Senate
29 Ftb. 173I, and not as I by Miftake mentioned in treating of the faid Bank,
viz.
The firft fliutting of the Bank to begin the Saturday before Palm Sunday, and
open the firft Monday after Eajier Week.
The fecond on the 23d June, and open the fecond Monday of July.
The third on the 23d Sept. and open the fecond Monday oiOElober.
The fourth on the 23d Dec. and open the fecond Monday oi "January.
701
i^^^K
'^'■iX.
Of the trade of Genoa.
THIS Republick for a long Time difputed with that of Venice the Empire of
the Mediterranean Sea, and the Trade to the Levant ; but after the celebrated
Vidtory of Chiozza (as mentioned in the Hiftorical Introduftion) they ceafed to
rival the Venetians, after they had done fo *br near three hundred Years j it is,
however, certain, that they now only yield t.ie Superiority in the Levant Trade
to their antient Competitors, as theirs is fuppofed to be confiderably greater to the
reft of Europe, and more efpecially to Spain ; and it is befides by Genoa, that
Foreigners carry on all their Trade with Lombardy.
Raw Silks, and in Skains, which the Genoefe get from MeJJina, and other Ports
of Sicily, and the fine rich Silks they make in their Capital, occafion a confider-
able Trade, and they fee an annual Import of Ships, hardly credible, who all take
fomething of their Manufadtures ; it is true, at pr>..fent, and for fome Time paft,
the Bufincfs of their City has not been fo briflc as ufual, chiefly owing to their ill
judged Engagements in the late Embroils oi Europe, which has ruined their Bank,
and confequently for the prefent deftroyed publick Credit among them ; but as
• it is to be hoped they will find fome Means to re-eftablifli it, and as Trade will
naturally revive whenever this is done, I fhall defcribe it as it has been, with my
beft Wiflies that, Phivnix like, it may rife out of its own Aflies.
The Fabricks here are plain and flowered Velvets, and fome with Gold and
Silver Grounds j Damafks, Satins, Tabbies, Gold and Silver Tiffues, ar.dmany other
Sorts of Silks, both plain and flowered ; here arc likewife Oil, Olives, dry Sweet-
meats, Silk Stockings, Gloves, Breeches and Waiftcoats, Ribbons, Galloons, Paper,
Soap, Rice, Oil, Olives, Figs, Almonds, Anchovies, Marble, Lemons, fcented Oil
and Perfumes, Tartar, Parmefan Cheefe, red Coral, Coffee, Cotton, and all Dying
and Medicinal Drugs, that come from the Levant.
At prefent the Genoefe Trade to Smyrna is but trifling, however they always
keep a Conlbl there.
In the flourifliing JEra. of this Republick, it was Miftrefs of feveral Ifles in the
Archipelago, and poffeflcd many Cities and Towns on the Coaft of Greece, and the
Black Sea ; Pera, one of the Suburbs of Conjlantinople, was once under their Domi-
nion, which facilitated the carrying on a great Trade in the Levant.
8 Q^ Th«
.^V
%4
70Z 0//y&^ General Trade of the WORLD.
The Decline of their Power, and the Lofs of fo many States, occafioned the
Ruin of their Commerce in thofe of the Grand Seignior, and there is rarely lecn
to appear any under their Colours now.
When the foreign Ships arrive at Genoa, (which is one of the fineft Ports In
ItafyJ they depofit their Goods in a great Warchoufe called Porto Franco, becaul'e
the Merchandize brought in to be lold, as well as that to be exported, pay no
Duties at coming in, or going out ; the Merchants only paying at the Cullomhoufc
in Proportion to the Sales they make, and it is permitted them to reiinbark what-
ever remains unfold, without any Impofition.
In 1741, an Infurance Company was formed at Genoa, of which the following
twenty-fix Articles are the Plan abbreviated, as much as the Senfe of them would
allow.
Several principal Merchants of the City of Genoa having confidcred the Incon-
veniences, which the Want of an Infurance Office there expofcd them to, deter-
mined to crcift one for Shipping, Lives, and Slavery, on the following Condi-
tions.
I. To form a Capital of an hundred thoufand Pieces of Silver called Croifats, of
feven Livres, twelve Sols Bank Money each, for the Security of whomlbever flionld
"aufe himfelf to be infured by the Company j of which 100,000 Pieces, 30,000
Ihall be depofited in the Bank oi St. George, in the Manner as fliall be judged beft,
and the remaining 70,000 fliall be depofited, as hereafter is exprcflld ; and the
laid Sum of 100,000 Pieces, and no more, fliall be obliged by the AlUircr during
the Exiftence of the faid Company.
II. That for the Execution of the aforefaid Depofit of 30,000 Pieces, and to
compofe the Capital of the faid 100,000 Pieces, 300 Billets fliall be formed u:-\
difpofed of at 3334 of the faid Pieces, to whomfoever inclines to be intc. lol
in the iaid Company; and the Purcbafers thereof, for the Number takrn, fi.all
transfer or write in, to one of the Offices of St. George, to the Company',, Crtiiit,
1 00 of the faid Pieces, or their Value, for each of the faid Billets ; and for the
2334. remaining, they fliall oblige themfelves under Security, to make Payment
of It to the Company, in cafe that through Misfortunes (which God forbid) the
30,000 Pieces depofited are not fufficient to fatisfy the LolTes. And if it liappens
that the Company have not Premium enough to pay the Loflls, Averages, &c.
it fliall give Power to four Deputies, or Diredors, to demand of the Proprietors,
the Proportion, which by a pro Rata, fliall touch each on Account of tlie Obli-
gation they have entered into.
III. In order to perfedt the Formation of the Company p opofcd, Mcflrs. N. N.
who have thought proper to communicate the Articles to tlie Merchants of tlic
Place, fliall be alfo encharged to admit in Quality of an AH'ociate or Proprietor,
thofe who will engage, and fliall appear to them, proper to be admitted into the
Company propofed, which fliall be done by demanding or requiring from them a
Promife to the following Purport, or as it ihall be drawn up by the Notary Pub-
lick, viz.
" T A. B. approving the Projedl of the Infurance Company, which has been read
•' •*• to and fliewn me by Meflrs. N, N. and defiring to be aggregated to it, and
" alfo to fliarc in it, for Adions of 333 ;. Pieces each : I promife and oblige
" myfelf to the faid Gentlemen, to write on, or transfer into, one of the Offices
" oi St. George, when the faid Company fliall be fettled, the jull Value of no
" Pieces of Silver, appertaining to the faid 300 Adions, and to engage myfelf
" to fulfil the Propofals for the remaining 23 3 1 Pieces of each Adion, as ihall
" be more amply expreflcd in the Ad of the Afibciation ; and I will that the
" prcfent have its full Force and Value, as if it Y ^ been apublick Ad, pafll-d
" before a fworn Notary Publick, under the Hypoti '^cationofmy Effeds prcfent
•' and to come : In Faith of which, C^c."
IV. When the faid 300 Adions fliall be employed, and by that the Company
fettled, each Perfon concerned fliall be convoked to the Place appointed by the
before-mentioned Gentlemen, and there by a Plurality of Votes draw up and
cftabHfli the Ad of Society, on the Footing of the Articles, here cxprcil, adding
whatlijcvcr
ITALY.
whatfocver (hall be judged convenient, and fupprefling that which /hall appear
luperfluous. The four Deputies or Direftors (hall be then elected, two Genoefe
and two Foreigners, though all refiding in Genoa, whofe Bufmefs willconfiftin
ligning the Policies, in the Name, and at the Rifque of the Company, according
to their Inftruftions : The Ciifliier (hall render them an Account monthly of what
Premiums have been received, and they muft take Care to examine the Docu-
ments of the Aflurers, who (hall have fu(Fercd Lofles, and to order Payment by
the Ca(hier ; and, in iine, they (liall be charged with the Care to provide every
Thing neccffary, that may relate either diredtty or indirectly to the Company, and
the whole (liall be done by an Aft of the Chancellor.
V. Befia.^s the four Deputies or Diredors, the Ca(hier and Book-keeper (hall
be likewife eleded, and the Salary of each fettlev ; the Premiums of Inlurance
for the refpedive Maritime Places (hall be e(labli(hed; the Duration of the Com-
pany (hall be confirmed, as well as the Time and Employ of the four Diredtors,
and the whole (hall be duly regiftered.
VI. The Continuance of the Society (liall be fixed for five Years, to commence
the ift of Januarvy 1741. But the Beginning of the fifth Year, 1745, the faid
Company (hall afiemble to renew the Adt tor five other Years, or to provide that
which (hall be judged convenient, in Cafe of a DifTolution ; and all thofe interefted
in th? faid Company (hall be fummoned for this Purpofe.
VII. The Proprietors of the above-mentioned Adtions can neither (ell, nor alie-
nate them, without the Confent of the four Diredlors, and that during the limit-
ted Time of the Society ; but the Confent being obtained, the Company (hall
be preferred to any other Purchafer.
VIII. At the Beginning of every Month (after the firft) the Company's Cafliier
fliall give the Diredtors an Account of what he has paid or received in the pre-
ceding Month, Csfc.
IX. At the Beginning of each Month, the Diredlors (hall alfo review with Ex-
adtnefs the Writings, and the Book-keeper (hall be obliged to a daily Attendance,
to excrcife, with all Care and Diligence, whatfoever is dependant on his Office.
X. To the End that thofe who have Infurance to make, whether Refidents or
Strangers, may be encouraged to prefer the Company to every other Means con-
ducive to their Intentions ; the Premiums (hall be lowered to the mo(l mode-
rate Price; and as for the reft, when any Difficulties or Suits happen between ^
the Company and the A(rurers, it is to be underftood that they are to be deter-
mined by the Laws and Statutes of the Place ; and that the Company is obliged
for all common Rifques, fuch as Pirates, Sea, Fire, and Reftraint of Princes j and
if the Company think proper to underwrite fome Infurances which may be fome-
times offered in which Barratry is comprifed, or upon good, or bad Advices, for
a Premium, proportionate to fuch Conditions, the Company (hall give the Di-
redtors their Permi(fion.
XI. Conformable to what is pradlifed in other Parts, no Averages (hall be paid,
under Four per Cent, but all above this (hall be pundlually fatisfied.
XII. In Cafe of a total Lofs, and the necefTary or Juridical Proofs are produced,
the Sums inlurcd (hall be paid, with the Difcount of Four per Cent.
XIII. Whereas the Variation of the Agio and the Current Species are prejudi-
cial both to the Infurer and the Infured, the Company will pay all Loffes, or
Avcr.iges, in Bills oi St. George, and the Premiums (hall be recovered in the fame
Manner.
XIV. Any Proprietor, polTefled often Adtions, (hall have two Votes in the Af-
lenibly of the Company j and he that has lefs, (liall have only one.
XV. He that has lefs than fix Adlions cannot be chofen a Diredlor ; and the
jiioil ancient of the four fliall prcfide at all general and particular AfTemblies.
XVI. No one (liall have more than twelve Adtions in Propriety, but (if the
Cafe happens) the concerned in the Company may adt as Reprefentatives of fome
foreigner or Citizen who delircs to be admitted by their Means; though with this
I'rovifo, that he fliall advife the Names of the Co-partners, and the Place of their
Doniicii, ;uul the Reprefentatives (h?ll oblige themfelvcs to fubmit to the Cov«-
iiants, wich (hall ^e (lipulatcd in the Company's Riftrunicnt of Union.
6 XVII.
'O3
'',''"-i::j3
'M
u,
M'
r
■; y
m-:m
'I I'l
• <l
W"'
>: *:.
WM-^
m*
mim-!i
A. .
!.,«..
704 Of the General Trade 0/ z^^: WORLD.
y ^11. He that fliall not be poffeffed of at Icaft five Adlions, fliall not be ad-
mit jd to the Company's Meetings, but fliall be obliged and held to all that fliall
be determined at tncm, and fubmit to all the Conditions and Refolutions of the
Society, excepting however, that in the firft and laft Affcmbly, that fliall be
had, all the Concerned in the faid Company ought to meet, as has been already
hinted.
XVIII. At the End of each Year after the Company's Eftablifliment, a Ballance
fliall be drawn of all that has been received and paid, and half of the Profits fliall
be proportionably divided among the Concerned, and even the whole, if the Com-
pany does not think it more convenient to leave the other Moiety till the End of
the fifth Year of the Company's Duration.
XIX. The Cafliier eled fliall be obliged to give a fufficient Security.
XX. The Directors muft; never fubfcribe more than 20,000 Dollars on Ships
with French Colours, which they fliall efteem good ; 1 5,000 on Veflcls with the
fame Colours of lefs Tonage; 12,000 on large Barks well armed, and carrying
the fame Colours j 12,000 on Ships not under French Colours; 8000 on Barks
and Vefllls, with Latin Sails, and not with French Colours.
XXI. The Premiums of the Parties infured by the Company, if they have no
Concern in ii, niuft be paid immediately j thofe interefted in it, fliall only pay
every fix Months.
XXII. The Damages which the Afllirers fuffcr fliall be paid, viz. the Ave-
rages, from the Admiffioii of the Proofs ; and the Total Loffes in three Months
after the Intimation, when they appear to be juft and clear \ or being llifpicious,
after their Verification j or diredly with the Difcount of Two per Cent, befides
the Four always paid.
XXIII. The Dircdtors may not fign for Account of the faid Company other
Policies of Inforancc, than thofe which fliall be tendered them by tlie publick
Brokers, who are SJg. John Baptijl Procurante, ana the Sigrs. RolhindcUi, and
Cervelli, and this to avoid any Inconvenience.
XXIV. In Cafe of the Death of any one of the Proprietors, the Heirs fliall be
fubjed: to the Event of the Defunft's Share, and may neither fell, nor alien their
Adtions to any other than the Company, in Cafe they find thcmfelves neceflitated
to fell them.
XXV. The Charge or Oflicc of the four Deputies, fliall laft for one Year ; and
before it ends, the new Eledion of four others fliall come on, though with the
Liberty to confirm -ill the firft four, or at leaft two of them, which muft always
be two nationals, and two Strangers.
XXVI. In Cafe of a General Aflcmbly, the Number of the Proprietors ought
to be at leaft two-thirds of all the faid Company, and the Articles fliall not be
deemed as paflcd, if the iaid two-thirds have not concurred therein.
The Gcnoefe have a Levant Company ftill fubfifting, which was eftabliflicd in
1645, though it has for fome Years pait done fo little Bufinefs, that it is hardly
remembered to be an Aflbciation, its Tranfadions are fo trifling in a corporate
Capacity. They likewife had a Company eftabliflied formerly under the Title of
ne Company of the Grilli, which fupplied the Spaniards in America for a long
Time with Negroes, but on their agreeing with the AJjiento Company, this Genoejc
one was overfet.
I ihould here fay fomething of the Ifland of Corjica, as Part of the Genoefc
Dominions, and I am the more tempted to do it, as the Natives have rendered
themfelves fo famous in their Struggles for Liberty, and done fo much towards
making themfelves a free People; though I fear the Means they have ufed will
fruilrate their Defigns, and only occafion the changing Maftcrs, not Fetters ; they
have proved themlelves a brave, daring Nation, and it would be a Pity their
pretended ProteiStors fliould rivet their Chains, as they are worthy ol" a better
Fate.
The Mercure Hijiorique furniflies us with a ftiort, tliough curion<. Account of
them and their King, which I lliall tranflatc, in Hopes it may be agreeable to my
Readers.
TheWar which has fiibfifted for fome Years between the Gcwo^/t- and xhcCcr/icans
leaves Room to doubt, whether they will remain with the Poflclljon of that llle, or
8 "Iiethcr
f "1
•i
ITALY.
^vlictVier It fliall paft under fomc other Power, or whether the Inhabitants will ob-
tain their Liberty. In the Interim, for the unravelling of the myfterious Intrigue,
which King TAeodorehis played, who was eledled in 173 c ; I fhall here obferve,
that on his Return to that Ifle towards the End of 1737, he convoked the States
of the Kingdom, to give them an Account of his Proceedings during his Abfence ;
he afterwards made them a Rcprefcntation, confiding of feveral Points, which
they r.greed to, without the leaft Difficulty ; they were, above all, extremely well
fatished with the Difpofitions taken to extend their Trade, and they eftabliUied a
Council of Commerce, compofed of four Corficans,and the fame Number of foreign
Commiflarics, converfant in Trade, from which they flattered themfelves with
great Succefs ; and it is a Matter of Surprize, that a Nation till then hardly known»
(liould find themfelves in a Condition fo fuddenly to make themfelves talked of.
They attended to the Manufadtures of diverfe Species of Goods ; and the Crops
were fo abundant this Year (1737) that the Corn, Wine, Oil, and other Fruits,
were at a very low Price, which muft naturally put the Chamber of Commerce
in a Condition to procure great Advantages from Foreigners j but as Money is
very fcarcc in Corjica, they permitted the Inhabitants of the Low Country, to
pay their Taxes and Capitations in Fruits, Off.
The principal Articles of King Theodore's Propofitions were,
I. That they ought as foon as poffible to fet about making fome Salt-Pond8»
as the Nature and Situation of the Country promifed fo great a Quantity of that
Commodity, as might load an hundred Ships yearly j fo that the Crown, and
Subjects, might draw great Advantages from this Branch of Commerce.
II. That they ought to encourage the Working of the Iron, Copper and Lead
Mines which are difcovcred, to extradl not only Iron for common Ufes, but for
Cannon, Bullets, and other Things neceflary to put an End to this tedious trou-
blcfome War, and thereby fave the grofs Sums, fent out of the Ifle to purchafe
them.
III. And as here is a great Abundance of Brimftone and Saltpetre, they ought
to build a Mill on the moft commodious River, to make what Gunpowder they
ihall need in the Kingdom, and repair the Want under which they have
hitherto laboured in this Particular, without mentioning the vafl: Sums it has
coll.
IV. They ought to encourage Agriculture, the Majority of the beft Lands be-
ing uncultivated ; and to this End, they ought to efl:ablilh in each Pieve, fome
CommiiTaries, intelligent In this Art, who Hiall be particularly charged to take
Care, that the Peafants till each a certain Spot in their feveral Diftridts for their
own Advantage ; and in Parts improper for the Plow, each Peafant (hall be obliged
to plant at leaft four thoufand Vines, or a thoufand Olive Trees, and all Sorts of
Exemptions (hall be granted during ten Years, for thofe Grounds fo newly culti-
vated.
V. By an Ordinance publKhed throughout the Kingdom, one conftant and uni-
form Meafure (hall be eftablKhed for all the Fruits growing here, fuch as Oil,
Wine, Honey, Pitch, Tar, and other Commodities put up in Calks ; and at the
f.ime Time, one Ell, one Weight, and one Bulhel, fimilar and conformable to
the Standards of other trading Nations.
VI. Whereas a Quantity of Silk may be (hipped for abroad, theylhould above
all encourage this Branch of Commerce.
VII. And as nothing can contribute more to the Advantage of this Nation*
than a regular foreign Trade ; and as our Kingdom Is better fituated than any
other for it, with fo great a Number of good Ports and Bays, we vrould have
our good Citizens accuftom themfelves to it, by making them fcriTible of the Ad-
vantages anfing from fuch an Application. To which Purpole we have thought
proper to edablifh a Council of Commerce, for Account, and at the Expence of
the Crown. The Commiflioncrs of which College (hall be obliged to purchafe
of our Subjedls all their Fruits and Produdls of the Country, fit to be fent abroad,
at a Market Price, paying them in Manufadlures, or our Silver Coin : But if the
Peafant will not give his Prodiifts at fuch a Price, he (liall bring them into the
Crown Magazines, where a Receipt (hall be given him. The CommKTioners (hall
fond tlicle Produds with otliers, and their refpedtive Invoices, to the Confuls, and
8 R Correfpondents
70s
\mk^'. :\
1
*i.(
706 Of the General Trade of the WORLD.
Correfpondcnts of the Crown in foreign Parts, with an Order to draw out the
particular Accounts of the Produce of thefe Eftcdts, in order th^t there be given
to every one what belongs to him. The Proprietors fliall receive at the College
of Commerce the Returns, or Import of their Account?- on paying (befides the
Carriage) Five fer Cent, on the Capital, to defray the Charges ; and if the Pca-
fant be neccflltous, and cannot wait for the Returns unalfifted, he may receive
from the College, the half, or two thirds of the Value of what he delivers, for
which he (hall pay on ballancing Accounts half ^tv Cent, for iw Months, beiidcs
the Five per Cent, aforementioned. And to give a greater Credit to the faid Col-
lege, we engage our Self and Crown for it. And we order our Confuls, l».e-
fidents, or Correfpondcnts, to contradl and negociatc only with the faid College,
and they fliall fend us whatever we cannot pafs without in our Ille. No Velicl
ihall be admitted without the Permiflion of the faid College j and our Correfpon-
dent abroad fliall have the liime Credit as thofe here, and beiides that, the Cha-
racter of Counfellor of Commerce of this Kingdom.
VIII. And forafmuch as that our Kingdom abounds in Wood, Pitch, Tar,
Hemp, and every Thing necelTary for the Conftruftion of Ships ; this Article
fliould be taken very ferioufly into Confideration, as alfo what concerns the
Fifliery, ^c.
There is an Appearance that all thefe Regulations of the King, are at prefent
fufpended fince the Entry of the French into that Ifland ; though it is probable,
that whenever they quit it (if they ever do) and the Natives know their Fate,
they may make their Trade flourilh according to the Principles of this Propo-
lition, or in fome other manner more convenient, and beneficial ; this is what
Time only can demonltrate ; and however Fortune dilbofe of their King, they
will Hand indebted to him, for opening their Eyes to the Advantage Providence
has given them, and for the many Fatigues he uiiderwent to promote their Hap-
pinefs and Freedom.
This little Hiftory is not intended only to amufe, but will likewife ferve to
flicw what that Ifland contributes to Trade, as the Commodities therein men-
tioned, are the Total of its Produds.
7\.
W'ktm
•A
'it. J '
.K. i'
0/tie Trade j/* Naples.
THIS Capital of the Kingdom of the fame Name, is a Place of great Trade,
and the Goodncfs of its Port attrads vaft Numbers of foreign Veifels to
it ; but in order fl:ill to ci ruafe its Commerce, and raife it to the highcfl: Pitcli
polfible, Don Carlos, the prelcnt King, has invited tlie Jews to fettle there, by
granting them feveral very great and fmgular Privileges, as will appear by the
following Edidt publiflied on the Third oi February, 1740, by order of his Sici-
lian Majefly, viz.
I. It is granted to all Merchants or others of the Hebrew Nation, a full and
abfolute Safe-guard, F.iculty and Permilfion, to come, remain, traflick, p.-ifs on,
or ft.iy, with or without their Families, in our Kingdoms and States, as alfo to
depart, and return, without any Obftacle, both in regard of their Effefts, and
Perfons ; and this for the Term of fifty Years next following, to commence tlic
firlt Day of this; declaring that the fiftieth Year being expired, there (hall yet
be granted five others, during which, if it be the good Pleafure of his Maiefly,
or his Succeflbrs, to abrogate the prefent Licence at the End of the fifth Year,
they may freely, and without Hindrance, regulate all their Affairs, (Sc. we will-
ing, that no ^traordinary Duty be exaded from them on the Departure of their
Ships, Veflels, Horfes, Carriages, &c.
II. If any Hebrews coming from other Kingdoms or Countries to ours, fluli
be accufed in thofe States from whence they came, of having committed fome
enormous Aftion, or Crime there, for which they have been profccuted ; as alio
in cafe that they were difguifed as Chriftians, and had leigned to be of this Re-
ligion, we annul and make void the Caufes of fuch Acculiition, and will not per-
mit that they be called to Account for it, in our Dominions, on any Pretext
M-hatfocvcr ; in fine, we grant to the faid Hebrews, the Irec Excrcili: of their
Ceremonies,
JllLD.
|o draw out the
there be given
at the Colk'gi;
ding (belides the
land if the Pea-
ne may receive
|he delivers, for
lonths, belides
J to the faid Col-
in Con fills, Ivc-
Ihe faid College,
llflc. No Veifel
I our Correfpon-
I that, the Cha-
)d, Pitch, Tar,
Ips } this Article
|at concerns the
f, are at prefent
h it is probable,
now their Fate,
;s of this Propo-
al ; this is what
their King, thcv
itage Providence
imote their Hap-
likewife fcrve to
:ics therein men-
re of great Trade,
foreign Vclfels to
the highcft Pitch
:o fettle there, by
vill appear by the
order of his Sid-
»fation, a full and
traflick, pafs on.
States, as alfo to
their EfFefts, and
to commence tlic
d, there Ihall yet
e of his Maicfty,
of the fifth Year,
lirs, &c. wc vvill-
)epartureof their
ries to ours, lliall
committed ibnie
ofccuted ; as alfo
to be of this Rc-
and will not per-
on any Pretext
Excrciie of their
Ceremonies,
ITALY.
Ceremonies, Solemnities, Ufc and Cuftoms, according to the yewi//j Laws, pro-
hibiting their wearing publickly Cloaks, or other diftinguilhing Drcls, under any
Denomination whatlbever.
III. That the Hdnws (hall not be fubjeft to any Rcgiftry or confular Jurif-
di<Sion, nor to any Company of Tradefmen j but if any Difference arifes between
a Chriftian and a 7fw, on fomc Affair concerning Arts and Trades, the Judge
Dclceate, who ihall be named for this purpofe, ihall be deemed a competent one,
and decide it.
IV. We grant to the Hebrews and their Families, who fliall eflablifli their
Refidence in our States, to enjoy, in reipeft of their Commerce, either at home
or abroad, the fame Privileges, Franchifes, and Immunities, which the other Citi-
zens or Inhabitants of the lame Cities or Places, do, or may enjoy.
V. That all their Moveables or Ornaments making a Part of their Apparel,
acquired either within or without our Dominions, Hull be exempt from paying
any Cuftoms, or Duty of Paffage, at their Importation or Exportation.
VI. There ihall be a Judge Delegate at Naples, Palermo, and Meffina ; and a
Magiftrate appomted at MeJJina as at Naples, who fliall judge of the Differences
that fliall arile between a Chriftian and a Jew, or between two Jews, in cafe that
the Crimes merit a feverer Chaftifement than confining or baniihing j and in
other Cal'es, that they be carried exclufively before their People of the Law, and
if they are wronged or aggrieved, they may recur to the Royal Protedlion of his
Majeily.
VII. This Article regards the Puniihment to be inflidted on th» Jews, who fliall
frequent or keep Company with cither Chriftians, Turk, or Moor.
Vill. This is to prevent the falfe Acculations, which may be intended againft
the Jews.
IX. If there happens any difaftrous Accident to a Hebrew, that fliould oblige
him to fail, and that he falls into Penury, fo as to dilable him from paying
his Debts ; in this Cafe the Merchandize, Bills of Exchange, and other Effcdts,
or Money appertaining to any Corrcfpondent, fliall not be ilopt to latisfy his
faid Debts.
X. Is relative to the Dowry of married Women.
XI. On the Subjeft of Sequeftrations obtained againft the Jews.
XII. Concerning the Validity of the Securities which the Jews mall give, when
they (hall be obliged to leave the Kingdom. i
XIII. Permits the Hebrews to have all Sorts of Books, after being (however)
infpe(5led by their Delegate.
XIV. and XV. Favoui the Jewijlj Phyficians.
XVI. Grants them a publick Synagogue.
XVII. Leaves them at Liberty in regard of their Wills.
XVIII. In regard to Contradts of Purchafe and Sale, or in Trade, in relation
to the Jews in our Dominions, the Sales (hall not be held as perfected, till after
a Writing has palled betw een the Buyer and Seller, under their Hands, and con-
firmed by a Notary, or two Witneffes ; provided that if between Merchants
in the retail Way, at Fairs, Markets, (Sc- they be made without thefe Forma-
lities, they fliall have all Force, according to the ufual Cuftom and Law, in re-
gard to the other Inhabitants.
XXV. We grant to the 7t'w/all the Favours, Privileges, and Faculties, enjoyed
by the other Merchants of this Kingdom; they may excrcife all Sorts of Trades,
and Tratfick -, but it fliall not be permitted them, after the Manner of our Sub-
jeds, to cry about the Streets, old Clothes to lell : Though the Jews have leave
to fell and buy every one in particular, in his own Houfe or Shop ; none of
them or their Family fliall be oblige to wear any Mark that they may be
known by.
XXXI. The Merchandize of the Jews, and of their Correfpondents, and their
Perfons, coming to any Place whatfoever in our Ports, (hall be free, as well in
their Merchandizes and Perfons, as the Ship which brings them, on Payment of
the ordinary Cuftoms, Gabelles and Taxes, even when they have no Paflport,
provided that it appears by the Vcfrd's Documents, that it was deftined with its
Goods for one of our Ports, and no Magiftrate or Officer fliall moleft either the
Ships or any of the Effedts j but on the contrary, fliall oblerve our prefent Pri-
vilege,
707
■•; ;i'
'\\\ *,.
I I
f
If
•4<
708
fV'" ■■
. tr
!-■•■'
0/ the Genlral Trade 0/ the WORLD.
vUege, and in cafe of Difobcdience, fliall be piinifhcd, and all the Merchandifc*
reftored to the Jews, with Charges and Expences, without any Hindnui'T real
or perfonal.
XXXV. We grant to the Jews fix WArehoufcs foi their Ufc in the Cuftonu
houf^ oi Naples Rent free, fincc we confidcr them as our ownSubjcdlsj they
may have alfo the like, in the other Cuftomhoufes of our Kingdoms for their
Conveniency, equally with the other Burgeflcs and Inhabitants, in Proportion to
their Number and Trade, according to the Informations that their Delegates (\\^\\
give in J and in cafe that the Magazines of the Cuftomhoufe are not lufikicr.tly
large to contain their Goods, it (hall be permitted the Jews to hire others to their
liking, under the Guard and Infpedtion of the Cuftomhoufe Officers, enjoying
the Privilege of Portos Francos, as if their EfFcfts were enclofed in the Offices of
the Cuftomhoufe.
The King of the T-wo Sicilies likewife made a Treaty of Peace, Trade and Na-
vigation with the Ottoman Court, which was concluded at Conjlantinople the 7th
of jlpril 1740, whereby his Subjefts ire put on the fame Foq^ng with thofe of
all others, trading to the Dominions of the Grand Seignior.
Naples furniftics Trade with raw and wrought Silks, filk Vaiftcoats and Stock-
ings knit. Oil of Laurel, crude Brimrt.:ne, Calabrian Manna, Rofemary Bloflbms,
Anis and Coriander Seeds, Raifms, Currants, Crema Tartar, Figs and Olives,
Soap, dried Orange and Lemon Peel, filk Stockings and Waiftcoats, Eflcnces,
Quinteffences, and Perfumes.
Palermo (the Capital of Sicily) produces alfo raw and wrought Silks, Brimftone,
Cream of Tartar, fine Sponges, and Plenty of the fincft Wheat (except SpaniJhJ
I ever faw.
Regio yields Raw Silk, Manna, Oil, and dried Fruits.
Mejjina affords alfo large Quantities of Silk, and oth»'r Commodities, ilimilar to
thofe of Palermo.
With thefc Produ<n:s and Manufactures his Sicilian Majefty's Subjeds drive a
great Trade to England, Holland, Lijbon, Turkey, and fome to France, more efiie-
cially in Corn, when this Kingdom is in Want 5 and the Merchandizes they
take in return will be fpoke of, when I give a Catalogue of thofe fit for Italy, in
which thefe Places will be included.
Of the Trade of Rome, and the other Territories of the Pope.
THIS City is more celebrated and known by its Antiquity, Hiftory, its Mag-
nificence, and its Grandeur, than by its Commerce, as it draws almoft all
from abroad, by its Port of Civita Feccbia, at the Mouth of the cc'corated River
Tyber, whofe Stream muft be gone up, to reach Rome; thefc Parts afford nothing
more to the Encreafe of Trade than AHom, made in great Abundance about fix Miles
from Civita Vecchia j but what is wanting here, Bologna and Ancona in the Eccle-
Jiffjiical State abundantly fupply, I mean to Commerce, the Fertility of the Coun-
try about the firft being beyond all Imagination, and <his improved by the Induftry
of its Inhabitants, has rendered the City rich and flourifhing j here are Mills for
Paper, and others for fawing the Wood found in the Appennines ; to move Ham-
mers for forging Iron, for polifhing Gun Barrels, to bruife the Barks ; and Va-
tonea for tanning of Hides, for making of Oil, for Flax and Hemp, for grinding all
Sorts of Grain, for winding, twifting and making Silk into Skains, and for an
Infinitude of other Works.
The Manufadlurcs of this City are Cloths and Silks, particularly Sattins, Da-
mafks, and Velvets, flowered and plain ; filk Stockings, Linens and Crapes.
There are raifed in the Neighbourhood a great Quantity of Silk Worms, which
furnifli the Bolognois with the richeft Part of their Trade, for raw Silk; and
bciulcs the Silk in Skains, they here make Organcens, which are very much
cftcemcd.
The other Merchandize brought from Bologna, confifts in their celebrated Sau-
fages, of which Foreigners take off yearly a furprizing Quantity, packed up with
Cotton in httlc deal Boxes, and ornamented with puinting and Gilding ; here is
likewife
modides, fimilar to
ITALY.
likcwil'e a confiderable Trade in Quirice Marinelade> preparod by the religious
Rcclufts of the Place.
Ancona has likewife its Siljc Fabricics, and Tanneries for Hides, on which its
Exports chiefly confift, except in fome Years when large Quantities of Corn are
nii})pcd from hence ; it was made a free Port by Clement Xll. in a Decree of the
ibt\\oi February '732» very much to the Diflike of i\it Venetians, as it attra^
a laree Share ot that Trade carried on before at Fenice, both from the North and
the Levant.
0/" Florence jW Leghorn "xitb their Trade.
TH E Commerce of Florence is carried on by way of Leghorn, and confiAs in a
large Quantity of rich Silks, manufadured in this Capital of the grand Duke
of Tufcaiiy i tHe principal of which arc Tiffues and Brocades of Gold, Silver, and
Silk, Sattins of all Colours, but more efpecially the White, which are greatly
cfteenied ; Armoifins and Taffeties here are alfo made, fome light Woollen Stuffs,
and the other Merchandize that this place affords, are raw and fpun Silks, Wools
wafli'd and unwafh'd. Wine, and Gold Wire.
Lcghonic (or Livornoj is one of the mofl important, and the bcfl Ports of the
Grand Duke's Eftates, and hardly yields in point of Trade either to f^enice or
Genoa ; the great Liberty which all Nations enjoy (let their Religion be what it
will) induces fome of almofl all Nations to aflemble here ; and the moderate
Cudoms paid on Importation (for all Exportations are free) attracts alfo a Con-
currence, not only ot French, Englijh, Dutch, &c. but al(b of yrwx, Turks, zai.
Armenians ; the Turis however trading only de fajo.
The Englijh and Dutch (more efpecially the former) are thofe who carry on
the greatell Trade j this Place being properly the Staple or Magazine, for the
major Part of the Goods which they receive from the W'eJ}, and tend to the Le-
vant, as it is for thofe they get from theoce in Return, and forward to their
tt^eftern Markets.
The Jews and Armenians tranfadl mofl of the Bufinefs by intervening as Bro-
kers, for which they are paid, according to Cuflom, for the different Branches of
Trade they tranfadt, whether Purchafes or Sales, Exchanges or Infurances.
Befides the rich Fabricks of Silver, Gold and Silk, at Florence, Pi/a, Lucca^ and
the other Towns of Tt^iany and its Neighbourhood, here are found raw Silk of
all Sorts, as well Italian as Levant, and even Spanijh Olive and Oils, not only of
the Growth of the Country, but from different Parts, as Gallifoli, la Poui/le, the
Levant, Barbary, &'j.
But that which is not the leaft important Part of this Commerce, are the Mer-
chandifcs from the Levant, with which (as has been faid) the Englijh and Dutch
have always their Warehoufes well furnifhed, as they have with thofe Goods they
receive from the Weft, which confifl of the fame Commodities, as will hereafter be
mentioned as proper for Italy ; what is (hipped from Leghorne, befides the Goods
aforementioned, are Cotton Wool, and fpun. Coffee (brought diere by Way oiA-
lexandria) Allum, (of Civita Vecchia, and the Archipelago) Anniieeds (from ^mi
and Malta) fine Laquc (from Venice) Marble of various Colours (from Carrara)
Red Coral (from Sardinia) Soap, Sumack, Argol, Britnflonc, Wine, &r.
Of the Trade ofWAzxi, Modena, Lucca, Parma d«</ Veroni*
Tk/IILAN, the Capital of Lom^ort^, is very confiderable for its Commerce^
*^* which it furnifhes with Gold Thread, flowered Velvets with Gold, Silver,
and Silk Grounds, many fine wrought Silks, and large Quantities of unwrought^
exported for France, &c.
Modena has its Produds and Manufadures fo like thofe of Bologna, as 8 Dc-
fcription of them here would be a Tautology.
Lucca is a fmall Republick in Italy, upon the River Serchioy five Leagues from
Pifa J it is celebrated for its fine Silk-Manufadtories, particularly thofe of Velvets,
Damafks, Sattins and Taffeties ; here are likewife fold a large Qiiantity of xwf
8 S Silk*
709
, ■.•;v'
.:.;U'
• , ^ :
• '-'* ' 'X,
W"
'^'■\
*''
.^*»
ft
'"
■Up
te>
710 0/ the Genfual Tradf. 0//^^ WORLD.
Silki, and in Skains, as alfoc 'Oils and Olives, wh'uA l.utcr arc ei^eemcd the bcft
in If.tfy but double priced, from all others.
Parma tranfaAs all its liufi'icfs by Way of Venice, whi( h principally confifts in
raw Silk, and Chee'e made at Lotii.
I (hall laftly mention as a very ccnfiderablc Branch of the Italian Trade, that
carried on in the Territories of his SarJInuin Majefty •. of which Turiu is the Ca-
pital, and has an advantageous SituaMon. for extending it on every Side, as almoft
all that comes from the other Parts of Italy, and thai which enicrs it by way of
Lyons, and Geneva, pr-is by this City j the Po, which runs near if, alfo facilitates
a Communi^atiin with Lomhardy and the Venetian States ; and although it is nc-
ceflary to trav-rfe th: Alps to get th.-rc, nothing is caficr than the Journey by
Mules, which are made ufe of for the Tranfp' -tation of the Goods, and of Men,
who jjivc al' defirabk' AlTiftincc lor the Paflagc of Mount Cenis.
Piedmont produces the beft '■"ilk in Europe, on Account of its Lightncfs and Finc-
n;fs, and the Organcins maiie of it, arc the moft efteemed, in England, Frame,
Ho/lard, znd Germany, of any. U is reckoned that in a common Year, is made in
the Fving of Sardinia\ Territories, viz. in Piedmont, MontJ'e'-rat, AleXi\ndrin,
Lomelir.e and Novaros, about 560000 Pounds (of twelve Ounc-s) of raw Silk,
which arc all reduced into Organcins or Frames ; only thofc of Navarois being
permitted Extradtion unthrown.
The Fabricks of all Sorts of Silk Stuffs, long finre cflablifhed m Turin, confumcd
about 1 30000 Pounds of thrown Silk yearly j though it is to be obferveo that the
Fabricators of thefe Silks, import from their Neighbours, the greatefl Fart of the
F'ramcs they ufe, or of raw Silk to make them.
There is bclidc? in Turin, ubout fix iiundred or fevcn hundred Looms for Silk
Stockings -, Tor whofe Employ a great Quantity of Silk is required j however it is
computed, that befides the Silk uled in anthefe Mani> "af urea, there is yearly lent
to Lyons, about two thouland fmall Bales (of an hundred and thirty fix Pound each)
loaded at Genoa and Leghorn ; extra of what is font to Holland and Germany, by
way cf Savoy, and Geneva.
This Prince's Dominions have likcwifc feveral Fabricks of Drapery, particu-
larly, cf Scarlet, Blue, and Black Cloth ; befides diverfe Sorts of light StufTs j
they alfo make Ratines, and coarfe Cloth for the Soldiers Cloathing.
Piedmont is very fertile in Corn, with which it fup^^lie? its Neighbours, as it does
with Rice ; of *vhich latter, large Quantities arc lent to France and Geneva, as
alfo to Venice by the River Po.
Hemp likewife prows here in Plenty, which is almoit all fent through Nice to
MarJ'eilles and TouTor., except a final! Share to the Genoefe.
A great Number of Cattle are fatted in Piedmont, and Abundance of Wine made,
both which find a ready Sale among the Genoefe and MilaneJ'e, and a large Share
of this latter .' s diftilled into Brandy, to make the Compofition of Rojfolis at Turin,
which has greatly the Preference of others.
Some few Years ago, a Manufadlure of Earthen Ware was eftablilhcd at Turin,
and a little while fince, another of Porcclane, which is brought to great Pcr-
feftion; fcveral Quarries of excellent Marble are found difperfed about the Country,
whicii ferves to ornament both their Churches and Palaces.
The Countries of Nice, Oneille, and ether Places on the Sea Coaft, fubjed alio to
his Sardinian Majcfty, produce moft excellent Olive Oil, and in luch Plenty, that
befides a Sufficiency for all his Dominio'^s, large Qiiantities arc fold to the French
and Genoefe. And the Ifland of Sardiniu, which gives him the Title of Majefty, pro-
ducing many of the Commodities above mentioned, and fimilar to thofc of Sicily, I
Ihall not enlarge on itsDeftription, to avoid Repetitions, but now give a Detail of the
Commodities prop *r for Italy, as I have intcifperfcdly of thofc, which the different
States thereof produce.
Merchandize proper for Italy.
CPICE in general, which (except Pepper^ the. Dutch ha^ e to themfclves.
^ Cacao, Ginger, ' ,a, Porcelane, and otner Indian Curiolities.
Painted Linens, Chints, and painted Furics-
SattiiiSy
icipallyconfllls in
Of the LEVANT, ^c.
Sattinc, Dama/k>, and other thin light Indian Silks.
Linens of divcrle Sorts, as Muflins, Cambricks, Hollands, Sdelias and Ofnabnighs.
Clothb, CambletH, Serges, and other Stuffs, from England, Franct and Holland.
Silk Stuffs froni Lyont, Mercery, hard Ware, and kuffif Hides.
Uiverlo h'remb Modes ior Women's Wear; white Threads and Tapes from
Htirkm and Flanders,
Vermillion, and all Sorts of Dying Woods > Madder and Elephnnts Teeth.
Whalebone and Oil, Copper, Brafs, Iron, Lead, and Tin.
Tar, Pitch, and Rofin, Capers, Mu(k, Amber, and Civet.
Herrings, fmoaked and pickled, Salmon, Slot k-filh, Poor-jark and Pilclurds.
Pewter, Steel, Caviar, Langufdoc And Provence Wines, Wheat, and other Grain.
All Sorts of Frf/ifA Merceries, Laces and CJuimps, of Silk and Silver.
Silk Stuffs, with Gold and Silver, from Lyo«/and Teun, and Ribbons, particularly
from Paris. ,
Wigs, Hair, Worfted Stockings, Hats, &c.
711
1
u
it through Nice to
0/the evant Trade, and that on the CoaJ} o/'Barbary.
T SHALL join under this Title all the Trade carried on with the EngliJh,Frencht
•* Dutch, and Italians, at Smyrna, Alexandretta, Aleppo, Seyda, Cyprus, Conjian-
tinople, Alexandria, Kofetta, and even Grand Cairo, Angora, and Beibezar, upon
the Coalls of Barbary.
The great Quantities of European Ships that import at Smyrna, r.nd the nu-
merous Caravans which arrive there from Pcrfia, have always made, and flill make
this to be a Place of the greateft Commerce iT all the Levant, for which it is
happily fituated in the Gulph of t\\t Archipelago, in that Part of the Leffer Afia
that the Greeks called Ionia, aiid ai prefent named Natalia.
The Port of this City, fo famous for its Commerce, is capable of containing
many Fleets, and here is always feen feveral hundred Veffels of diverfe Nations.
The greateft Part of the principal foreign Merchants have fine commodious
Houfes of their ownj and hardly a.iy Thing can be feen morefupcrb and mag-
nilk-ent than the Habitations of the Confuls, who are abnoft all lodged near the
Sea } but Perfons whofe Stay here is but Ihort, or who would be faving in their
Expences, may have the Convenience of being accommodated in a Kan, which
is a Sort of an Inn, where a thoufand People may lodge, on paying a Dollar /fr
Month for each Chamber.
At Smyrna are two Cuftom-Houfes j the biggcft called the Cuftom-Houfe of
Commerc<*, where the Duties are paid on Silk, and other Goods that the Arme-
nians import from Perjia, and thoie which the Chriftian Nations unload there,
and embark for their Returns : The other named the Cuftomhoufe of Stamboul,
or ConJiantinopL; only takes Notice of the Trade of this Capital of the Ottoman
Empire, from Salonica, and other Parts of Turkey.
The Caravans have their Times and Seafons fixed for their Arrival and Depar-
ture, on which tht European Nations regulate the Remifs of their Ships, to the
End that the AJiaticks may carry with them the Wellern Merchandizes, and the
Europeans reload with thofc oi AJia.
Of the AJiatick Nations the Armenians are thofc who carry on the greateft
Trade with Smyrna ; the Caravans from PerJiA being almoft all compofed of them,
and in this City are eftabliflied above twelve thoufand.
In refpedl of the Natives of Europe, the Englip are beft regarded, and moft
favourably treated, and they likewife fend the greateft Number of Ships here ;
after them the Dutch; but the French arc too numerous here, and thereby hurt
one another.
The Merchants from Leghorn carry on a great Trade here j thofe of Venice ftill
more ; and the Genocfe (notwithftanding the Expence the Liberty to trade under
their own Colours has coft them) hardly any ; and the Mejinois, fmce the Year
1690, none at all.
The French Trade is carried on from Marfeilks in ten Sai) of Ships, and three
or four Barks yearly i whofe Loadings coniift of Dollars, Cloths of Dauphine,
3 CarcaJJbnne,
'■:■■••■: I'
K^
WH
ic
WW
_!: ' ■ ■■'; i ■ ■
712 0/*//^ General Tuade 0/ t/je WORLD.
Ctirctjonnf, and S>if>Ui in I'erpttuanR or Imperial Serges » in Capii Paper, Co-
chineal, Tartar, Vcrdigrcalc, Indigu (frtiin iV. Domingo and Guulimuh) Fcwter,
Dying Woodii, Spice and Sugar. The Ketiirni being alinoft the lame, for all the
Nations o( Eurept, who trjilc there, I Oall here mention them once for all, viz.
Angora (lOats, and Camels Hair, Rhubarb, Scammony, Opium, Senna, Gum
Adragant and Arahick, CotFcc, yellow Wax, Allum, Cotton in Wool and I'pun,
Currants, fine Camblcts, Bne Wools tVom Mttalin and Caramania, Skins like Ma-
rocco'%, Uuffalocs Hides, Shagreen, Spungei, MaAick, SafTron, Galbanum, Gallii,
AHies, Box, Annifeeds, Fullians, Huckrain, Carpets, Silks called CerbafTi, Legis.
ArdaHe, and Arda/lctes, Cotton Stockings, Turkey HandkcrchlL't's, Valonea, Xanto-
line, Apoponax, Agaric, Tutti, Amber, Muik, the Ultramarine Stone, Storax,
Soap, Pearls, Diamonds, Rubies, and other precious Stones i but thefe Jewels arc
ibid privately by the Armcniam, who bring them with their Caravans, and who
frequently come themlclvcs to Chrirtendom todifnofc of them.
The Dutch fend there yearly about fourteen Ships, with Lnden fine Cloths,
Cloves, Mace, Cinnamon, Nutmegs, Ginger, Cochineal, Indigo, Copperas, Quick-
filver, J-rafs and Iron Wire, Dantzui Steel, Englijh Pewter, rough yellowAm-
ber, Tartar, Sea-Horfe Teeth, Lapis Lazuli, Loaf and Powder Sugar, Cinabar, red
Oaktr, Dying v\'oods. Tin, Ruffta Hides, Gff. and reload with the grcatcft Part
of the G(M)ds jufl mentioned.
The Venetians generally fend there fourteen or fixtccn large Ships annuallr,
under Convoy of two Men of War, (as the Englijh, Vrencli and Dutch commonly
go) bcfides others at different times without Convoy ; and the Liveniait alfo fend
Vcflcls as they find Occafion.
Angouri, or Angora, and Beibazar, Capital of Calatia, hss always prefcrved
its Reputation for the Beauty and Fincncfs of its Goats Hair, and the Fabrick of
Stuffs made there at prcfent called Camblets i and it is from this Place, and Bet'
tazar, (hat Smyrna is fiipplied with thcfc Commodities, the Quantity of the for-
mer being ahnoil incredible, of which it is faid the Englijb tranfport above five
hundred Bales, the French as many, and the Dutch more than double that Num-
ber, and the Confumption of it is full as great there, as what is (hipt by thefe
Nations : The Englijb and Dutch have Factors fettled here to purchafe this Com-
modity at fird Hand, by which Means they have it much cheaper than when
brought to Smyrna.
Aleppo and Alexaniretta ; thefe two Cities of Syria have a great Similitude in
their Trade, or rather it is the fame that they both carry on, Altxandrttta being
properly only the Port to AUppo, which is twenty-two (or as fomc fay twenty-
tive) Leagues within Land.
Aleppo is one of the principal Cities in the 9 urkifli Empire, and only yields to
Conjlantinople, and Cairo, in Grandeur, and to Smyrna in Point of Trade.
Two Things (among others) arc very remarkable in regard of Trade; The one
is the C ultom of making Pidgeons fervc for MeHengers, to give Advice of Ships
Arrival, and other prcfling Affairs, which is done by taking them from their young
ones at Aleppo, and fending them to Alexandrttta a little before it is fuppofed they
may be wanted, who being let fly at this laft Place, with a Billet about its Neck,
returns in three Hours Time; the other Thing remarkable is the Prohibition to
go from Alexandretta to Altppo, any other Way than on Horfeback j and the Rea-
Ibn of it was to prevent Sailors running afoot to Aleppo, and there fpoiling
the Price of Goods by their over-urgency in laying out their little Stock, which
without this Ordinance would be greatly diminifhed.
There is hardly any Place in the three antient Parts of thr: World, from whence
fbmc Merchants are not fcenat Aleppo: ficfides the EngMi, French, Dutch, and
Italians which refide there, the Caravanfei^ arc always fail of Armenians, Turks,
Arabians, Perjians and Indians, which come in fuch Numbers by the Caravans,
that although there are above forty of thofe publick Buildings, they hardly fufHcc
to contain thofe, who only appear to tranfadl lome tranfient Bufmefs, and who after
felling their Goods, return by the Way they came, with rhcir new Purchafes.
Tlic Merchandize proper for this Place, arc the fame as thofe (or Smyrna; and
thole which the Ships reload are Silks of the Country, and Perfia Cotton Cloths of
various Sorts, and among others blue Amans, Auquilles, Lizardes, thofe from
Beb};
DRLD.
Ctpi, Paper, Co-
ualimalti) Fewter,
ic Uinc, lor nil the
) uncr for all, viz.
urn, Senna, Gum
n Wool and fpun,
(I, Skinii like Af«-
Galbanum, Gall<!,
d CcrbafTi, Legiij,
!, Valonea, Xanto-
ine Stone, Storax,
i>t thefe Jewels arc
Caravans, and who
.eyJen fine Cloth i,
Copperas, Qyick-
ougn yellow Ain-
iUgar, Cinabar, red
ii the grcated Fart
go Ships annuallr,
Dutch commonly
Livermis alfo fend
i always preferved
md the Fabrick of
>i$ Flace, and Bet'
uuntityof the for-
unfport above five
double that Num-
t is fliipt by thefe
lurchafe this Com-
leapcr than when
rrcat Similitude in
iltxandrttta being
Ibme fay twenty-
and only yields to
of Trade.
Trade: The one
e Advice of Ships
from their young
is fuppofed they
about itii Neck,
ie Prohibition to
ck i and the Rea-
id there fjrailing
tie Stock, which
rid, from whence
tHch, Dutch, and
irmenians, Turks,
by the Caravans,
hey hardly fufficc
cfs, and who after
cw Purchafcs.
(or Smyrna; and
Cotton Cloths of
ides, thofe from
Befy,
Of the LEVANT, ^c,
Bthy, others called Linen Antiquiel, Ajamit, and Abundance of Chint* t dlflTcrent
Cotton>i, and Cotton Threads, Galli, Cardovans, Soap t mtlny Species of Silk StufTs,
and thole admirable Camblett before<>mcntioned.
Styd< it the ancient Sidon of Pbtnicia, fo renowned formerly for Its great Traffick,
very little inferior to that of Tyrt itfelf, whofc Reputation for Commerce has been
ciiually puhliOied, both by facred and profane Authors. The modern Sidoniunt
retain nothing of the ancient but their Inclination for Trade, every Thing rife is
altered) their Power by Sea no longer fubfifts : The vaft Extent of their City is
reduced to Icfs than one Quarter of what it was formerly i and the great Numoer
of its Inhabitants to lefs than fix Thoufand, of which the Foreigners make near
half.
But few Weftern Commodities find a Sale at Stydt, though with the Produdts of
the Country a pretty good Trade is fupported t thofe few are fome Cloths of
lively Colours, Sattms and Damalks ox Lucca and Genoa, with fome Paper, a few
Cheds of Indigo and Cochineal, Spice, Sugar and Brazil Wood, all in fmall Quan-
tities. The Go<mIs loadcn here are principally Silks and Cottons, with fome Afnes,
Galls, Oil, Soap, and Birdlime i and as the Occidental Sales do not ballance their
Purchafes, a confidcrable Sum of Money is yearly obliged to do it.
The French Trade to this FInce, Acre and Rama (which arc in its DiftriA) im-
ports about 350,000 Dollars yearly, and there are no Merchants but of thiaNA-
tion fettled in thefe Places.
Chio is now fubjedl to the Turks, and better peopled than arty Ifle in the ^gtaii
Sea ; its Commerce is very confiderahie, though much lefs than the Number of its
Inhabitants, and the various Sorts of Merchandize that grow and are made here,
fecm to promife. The Wine, Silk, Cotton, Turpentine, and Maftirk, are the
principal Products that draw the Europeans hither, more efpccially the Englijh
and French, who have their Confuls here.
It is fuppofed that above 100,000 French Crowns worth of thrown Silk is an-
nually exported from hence, befides a large Quantity of Silk StufiTs made in the
llle, fuch as Damafks, Sattins and Taffeties, wliich are tranfported to Cairo, and
to all Places on the Coafts of Bariary and Natolia, particularly to Conftantinople.
The Cottons are in Wool, or fpun, and a great deal of them employed in Fuf-
tians and Dimities, which are as much efteemed, and dilpofed of m the fame
Way as the Silks.
In Regard of Maftick (the chief Article of their Trade) it is hardly found any
where elfe but here, and the beft, and indeed almoft the whole is for the Grand
Seignior { who has from all the Villages in the Ifland where it is gathered, two
hundred and eighty fix Cheits weighing 100,025 Oques, and fome few others are
taken by the Cuftondioufe Officers, &c. Of Turpentine the Ifle produces about
three hundred Oques, (of 3^ Pound one Ounce) of Oil about two hundred Hogf-
heads, (each Hogihead weighing 400 Oaues, and the Ogue about 3 lb. 2 oz.) Of
Silk 6000 Mafles, or 30,000 lb. almoft all which is wrought up by the Iflanders in
the Manufactures berore-mentioned. Here is alfo fome very good Wine, known
to the Ancients under the Diftin^on oiNeltar; and it affords fine Honey and
Wax in tolerable Qujuitities.
Cyprus maintainshardly any Trade with the Europeans, except with the Pro-
dudts and Manufactures of the Ifle. Its Extent and the Fertility of its Soil enables
it to fumifli Commerce largely { particularly with Cottons, and Silk, which are
cultivated almoft every where. The Cottons in Wool or Thread are efteemed the
beft and fineft in all uie Levant { the Country between Nicojia and Famagoufta,
and about Papbos, and Limijlo, are the Parts in the Ifland that produce moft.
The Siks are alfo eathered, and the Silk Worms bred in fome Villages, fubjed
to the Magiftracy of the two laft mentioned Qties ; but the beft and greateft
Quantity, is made in the Village Cyteree, though none are held in an equid De-
gree of Goodnefs with the Cottons.
The Wools, Wine, Galls, fome medicinal Drugs j red, yellow, green and grey-
ifti Earths or Boles ; Stuffs and Dimities are the other Merchandizes of the Ifle,
to which I think I ought to add as one, the Ortelans, which come here in fuch
Abundance, that the Natives pickle them; and, befides what they confumeon the
Ifland, the Venetians export upwards of a Uioulknd finall Barrels annually.
8 T Some
713
¥:i
I&
^
m?
s^.w.-.
ifM
714 0/ //&^ General Trade <?/ /^^ WORLD.
' Some few Bales of Cloth, Paper, Caps, and fome Verdcgreafe, are the only
Goods ipiported there, which occiilion the major Part of the Returns to be paid for
in Money, and the moft advantageous Specie for this Purpofe, arc the Mexican
and Seville Dollars.
Conjhntinople. This City, formerly the fecond Rome, or rather the true Capital
of the Roman Empire, when Cotijiantinc the Great had cholcn it for his Refi-
dence j after having been for a long Time the Seat of the Greek Emperors, and a
little more than half an Age that of the Latins, became at laft the Metropolis of the
Turkifh.
The happy Situation of this great City, joined to the Beauty and Security of its
Port, might render it a Place of the greateft Trade in the World, if the Inhabitants,
who are fubjeft to a Servitude that almoA deprives them of the Property of their
Effefts, dared to think of enriching themfelves by Commerce j or if the Foreigners
that Trade draw? iicre, and who are treated with lefs Haughtinels and Severity,
were tiot expofed to fo great and frequent Infults and Impufitions.
No'twithftanding thefe Heafons, fo naturally tending to raife a Difrclifli in the
C/6rj,?w« Nations to a Commerce wif'.x ConJiantimfU, there is however a great
Number of their Ships feen to art iye here j and there is hardly one of thefe Na-
tions who have not a Minifter fettled here, more to protedl their Merchants, than
for ahy\ political Interefts ; the Emperor and the Venetians being thofe only who
can" have any Conteft with the Port, by Reafon of the Proximity of their Ter-
ritories.
Gf the Europeans, the Englijh, French, and Dutch, are thofe who carry on the
greateft Trade here, more particularly with their Cloths, fent here diredtly, or
brought from thcii Warehoufes ?t Smyrna, Which are always well filled. The
Cloths fl-om Venice h^^-e for a long Time had the Preference in this City, though
ev^ry where clfe in the Levant, they are the leaft efteemcd.
Thofe deftined for Conjiantinopk (hould be thin and fine, well milled, clofe
fhorn, without any Nap -, above all they muft be of the beft Dye, and have their
juft Lengths and Breadths.
Th» propereft Colours for Conftantirople, itc Violet, Purples, Green, Red, Crim-
fon, Scarlet, Sky-blue, Flefli and Cinnamon Colours; no Black, except of the greateft
Beauty, and then only one Piece in forty or fifty. About eight or nine thoufand
Pieces are Ibid here yearly, one fourth Dutch, little more than one third Englijh,
and the reft French and Venetian ; a few Perpetuanas, and fome other Woollens
are fold here, but of Silks, great Quantities from France and Italy, and a fmall
Matter from England and Holland', the chief are the Sattins from Florence, Tab-
bies, Damallcs with and without golden Flowers 5 flowered Brocades, with gold
and filver Grounds from Venice; and flowered Velvets from Genoa ; but although
thefe Stuffs preferve the Name of their original Fabricks, fome of them are now
made at London and Amjlerdam, and many of them at Lyons and Tours, which are
however fold to the TurkiJJj Taylors, and Armenian Merchants, for true Venetian
and Genoefe Goods.
Tlie Sale of Sattins amounts yearly to between five and fix hundred Pieces ; of
T -.bbies to three or four hundred ; of Damaflcs without Gold, only fixty Pieces, |and
with, an hundred Pieces, anc' hardly more Velvets ; but Brocades with vc'A and
filver Flowers find the gieateft Vent, though thefe muft be made on Purpofe, with
Patterns proper for the Place ; for it is not the Richnefs of the Stuff that pleafes
the Turks, but chiefly the Gaiety, and above all the Cheapnefs.
Paper is one of the bcft Commodities carried to Conftantimplt, and what fre-
quently produces the moft Profit j it goes there from France and Venice, and
Qenoa, though principally from the hrft, in all about thirty thoufand Reams ;
the other Merchandizes arc. Hard-ware, Tin, firafs, and Iron Wire, which
the EngliJ/j and Dutch carry from Hamburgh, and the Baltick ; gold Thread, and
ditto Gold and Silver falfe, from Poland, carried by the Venetians, Marfeilles and
Tunifeen Caps ; Vcrdigreafe from Msntpelier, Oil of Spike from Marfeilles, Tartar,
Sugars fupplied by the Englijh and Dutch when the Crop has failed in Egypt,
which commonly furniflies Conjiantineple, by the Way of Alexandria ; and iu
fine, Spices, Camphire, Quickfilver, Lead, Cochineal, Brazil Wood, White-Lead,
Gff. in which thofe two Nations are olmoft foldy concerned.
2 The
'0/ the LEVANT, ^c.
The Exports from Conflantinople arc very few in Comparifon with the Imports ;
therefore, to balliince Accounts, the European Merchants diredt their Corrcfpon-
dents at Smyrna or Aleppo, to draw it on the Capital, or order Remifles to be made
them in Specie from the faid Metropolis, to purchafe whci they comtnifnoti to be
bought for their Ships Reloading at either or both of the faid Places.
The few Merchandizes mentioned to be exported fr >va Conjlantinopk confift in
Wools, called Pelades, and Trefquilles, of which the Extraft in a common Year is
two thoufand Bales of the former, and three thoufand of the latter. Of Buffalos
Hides, about ten thoufand carried to France and Italy ; of Ox and Cow Skins, of
the different Sorts and Qualities, fifty thoufand, of which the Confumption is for
Italy ; of Pot-A(hes, from the Black Sea, which the Englijh and Dutch buy to
fcour their Cloths ; yellow Wax, fome Goat's Hair Thread, a Quantity of Caviar*
or falted Sturgeons Roes, commonly bought up by the Venetians and Leghorners.
The Fur Trade, from Mtifcovy, Natolta, the Black Sea, Critfi, and oUicr Placeg
o^Tartary, is very confiderable, though in this the European lM.tTtha.ni% have no
Sliare, being entirely tranfafted by the Greeks -, of thcfe Skins about two hundrtU
Cherts (with two hundred Pair in each) of Sables are yearly fold, from fifteen bun*
drcd to twenty-five hundrdd Dollars per Cheft ; Ermins (only efteemed when ex-
tremely white) fell from ten to eleven Dollars, for forty Skins and Minevers at
feventy Dollars per Thoufand j Martins, Polecats, Lynxes, and Fox Skins are
brought here from Natalia, and annually fell for the Value of about fixty thou-
fand Dollars ; the black Fox Skins brought from Caffa and 1'artary are in very
great Efteem, and their Sales may yearly import an hundred tnQu£lnd Dollars.
Of Caffa, or Capba, and the Black Sea : The Venetians have often endeavoured
to commence a Trade to this laft, more efpccially to Ca^'a, and in 1672 obtained
Leave, by the lively Reprefentations, and the more perfuafive Arguments of
large Prefents which their Baily the Chevalier Sj^irini made j but upon the Re-
monftrances of the Superintendant of the Cuilomhoufe at Conjlantinopk, who fuf-
fertd in his Intereft by this Conceflion, and alfo under the political Apprehenfioni
that the European Chriftians would, by this Means, more eafily have a Corre-
fpondence with thofe of their Religion fettled on that Coaft, the Privilege >ya8
revoked, and no European Nation has been able to obtain one fmce.
Caffa has an excellent Road, and its Port is where the greateft Bufinefs is car-
ried on in all the Black Sea^ it being common to fee arrive, or fail, four or five
hundred Vcflels together. Here is a great Trade carried on in Corn, Salt, Furrs,
and Butter; this laft being efteemed the beft in all Turkey; but that which at-
tradts the greateft Number of Shipping, and what induced the Venetian Am-^
baffador to purchafe the aforementioned Liberty at fo great a Price, is the large
Qnantity of Sturgeons taken in the Palus Mceotis, of vvhich fait Roes the Italians
are fo fond, and not only they but feveral other Nations of Europe and ./yia. Some
Accounts fay, that many of thefe Fifli here weigh eight or nine hundred Pounds^
and their Roes three or four Quintals j and though thefe Relations may be fome-
thing exaggerated, it is certain that there are jione elfewhere, either to large, or
abundant ; but as the Trade of this Part is in general fo very great, I fliall give
my Readers an Abftraft of a very curious Memoir drawn up by a Perfon well ac-
quainted with it.
The Commerce (fays he) of the Black Sea is fo confiderable by the Advantages
it affords, and the great Quantity of Goods it takes off, that the yeairly Import of
them is fuppofed to be more than three Millions of Dollars ; Caffa is one of the
principal Ports in it, diftant aboi^t feven hundred Miles from Cmjlantinqple ; the
Turks, Greeks, Per/tans and Mu/covites, are the People who fupport this Trade,^ and
vaft Quantities of MerchandUbs fell here, both for the Confumption of the Place,
and that of many others with which it maintains a Corrcfpondf nee. Here are an-
nually fold to the Value of twelve or fifteen thoufand Dollars in Venetian Bro-
cades ; here is likcwife fold another Sort in which the Odd and Silver is falfe,
and the Flowers like thofe of Damaflt, to the Amount of feven or eight thoufand
Dollars. Ten or twelve Bales of Cloth are alfo annually difpofcd of i about twenty
thoufand Dollars worth of Scio Damafk ; and to the Amount of an hundred and
fifty thoufand Dollars in Taffeties ftriped and plain; here is likewife brought
from Scio, fifteen thoufand Dollars worth of Fuftiazis, aod foqie of thefe frpm
ConJiantinopU.
7»5
■i?;,;:.
• irt
■■ !
. ;•■/- ■
til- ;
I*
%i.
'. ti
716 Of the General Trade of the WORLD.
ConJlantinopJe. Of CofFce here is fold yearly from fifteeo to twenty thoufand
Dollars j and five j fix thoufand Dollars in Flax from Cairo, Of all thefe Mer-
chandizes a great Part is confumed in the Crim, diftant about an hundred and
fifty Miles from Caffa ; another Part is fent to the Ports, fituated near the Palus
Mentis, as at Gnjkree, Bolovelava, Kirerei, and feme others dependant on CaJ'a,
vrhich ferves them fbr an Almagazen.
TheProceeds of all ttiefeGoods, tc commonly employed in Hides, Wax, Wheat,
Barley, Butter, Honey and Cav ', which arc the chief Produifts of the Place.
Of tne Hides here are two Soi .., the bed made at Cqff'a being from about thirty-
five to forty Thoufand yearly j thcie are carried to Smyrna by the Way of Natalia,
and coft about a Dollar each ; the fecond Sort are of an inferior Quality, tanned
in the Neighbourhood of that City, whofe Value is three Fourths of a Dollar each,
and their Number about an hundred Thoufand, which are fent to Conjlantinople.
There is Oiinually coUefted at Caffa near thirty thoufand Ocques ofWax, of which
Part goes to iS/fwnra.andthe reft to Conjlantinople -, there is alio fent yearly to the latter,
fifty or fixty Saicks (or Saiques) of Wheat, and from fifteen to twenty with Barley;
of Butter Cm^ remits tb this Capital between fifty and fixty thoufand Ocques j and
the Profits it makes by its Honey, is not lefs than that which the Wax and Butter
leaves. In fine, this Place affords fome Silk, though the Qiiantity is not large,
nor its Quality good.
^izeck or Afopb, is fituated on the Don or Canals, not far f om the Place where
this great River fsJls into the Palus Maotis. This Part oiAJia was hardly known
in Europe, only to the Geographers, before the Year 1 695, when the famous Czar
Peter jVexowttz took this Fortrefs from the Turks to whom it belonged, with the
Defign to eflablifh a Fleet there, not only to attract the Trade of tne Black Sea,
but alfi) capable to make the Grand Seignior tremble, even in the Capital of his
EmpiK i ^Pb fbon attracted the Attention of all Nations, and it cofl more than
one Siege and a bloody Battle (in which the Czar with his whole Army had like
to have pcrifhed) to rcflore this Place to its firfl Mafler, who having experienced
the Importance of it, augmented its Fortifications, and guarded it with an ex-
treme great Jealoufy j but it is known that in the lafl War (in 1739) this City
became again an Apple of Difcord, and that the Czarina remained in Pofi!efnon of
it, though I believe without reaping thofe great Advantages, that the Czar had
at firft expefted from its Conqueft.
It is from Afrpb that a Part of the Caviar fold at Conjlantinople comes, where
in a common Year are imported at leafl ten thoufand Barrels with 74. Qijintals
each ; though all the Caviar is not made of Sturgeons Rocs, but fomr of thofe
of other large Fifhes.
Kily (or KiliaJ is fituated on the South Side of the Danube, about fevcn or
eight Leagues from the Mouth that difcharges it into the Black Sea. Four or five
thoufand Pieces of Fuflian from Scio are brought here yearly, and Damafks from
thence alfo to the Value of about fix thoufand Dollars ; Buckrams for more than
thirty thoufand j bcfides two thoufand Pieces of Fuflian made and fold in the Place;
Coffee alfo fold here for fourteen or fifteen thoufand Dollars ; Flax for three or
four thoufand ; flriped Tafifeties (called Santals) for above fixty thoufand j other
Sorts of Taffcties for feventy thoufand ; of Cloths, fifty or fixty Pieces, are annu-
ally imported, though of all thefe Merchandizes few are confumed at Kily, as
this is the only Staple, or Storchoufe, from whence they are fent to diverfe Ports
on the Danube, or within Land, as Ifmael, Temefwaer, Hias, Galas, and feveral
other lefs confiderable ; all which Places contribute fbmething to Trade, viz.
Hias, about fifty thoufand Ocques of Wax, of which a Part is fent to Sn^na
by Natalia, and the refl to Conjlantinople ; the Butter comes from other Ports,
where in a common Year may he colleaed above an hundred thoufand Ocques.
At the Mouth of the Danube and before Kily, is a very large Fifhery, of the
Mouronne (though what this Fifh is, I confefs my Ignorance) which produces
above fixty thoufand Dollars yearly j each Fifh weighs about a Quintal and a Half,
one with another, after the Roes are taken out, to make Caviar, though this
Commodity made here, is not good, as the curing it well would render it too
cofUy to get any Thing by it. From the Ports along the Danube are expedited
more than fix hundred baicks yearly with Wheat and Barley, which commonly
yield the large Profit of 1 5 to 30 per Cent, to the Concerned.
Prevat
m
)RLD.
twenty thoufand
OfallthefeMer-
; an hundred and
ted near the Paius
pendant on CaJ'a,
ides. Wax, Wheat,
idts of the Place,
from about thirty-
c Way of Natalia,
t QuaUty, tanned
is of a Dollar each,
to ConJiantinopU.
sofWax, of which
[yearly to the latter,
venty with Barley;
ifand Ocques ; and
lie Wax and Butter
antity is not large,
m the Place where
was hardly known
en the famous Czar
belonged, with the
Ic of the Black Sea,
n the Capital of his
id it coft more than
bole Army had like
having experienced
,rded it with an ex-
in 1739) this City
ined in PofTeflion of
that the Czar had
nop/e comes, where
is with 7t Quintols
but fomr of thofe
uhe, about feven or
: Sea. Four or five
and Damafks from
Lrams for more than
nd fold in the Place}
Flax for three or
ty thoufand ; other
y Pieces, are annu-
snfumed at Kify, as
fent to diverfe Forts
Galas, and feveral
g to Trade, viz.
art is fent to Smyrna
from other Ports,
thoufand Ocques.
arge Fifliery, of the
ce) which produces
Quintal and a Half,
Caviar, though this
would render it too
')anul>e are expedited
which commonly
:8
0/ the LEVA N T, ^c. 717
' Trevat takes off no European Goods, fo that all the Commerce is carried on
in Dutch Dollars, the PoHJh Abra, the Izelotes of the Empire, Venetian Sequins,
Hongres of Hungary, the Egyptian Cherif, Afpers and Parats, all which Species
are commonly taken here at 15 c 20 per Cent, higher than in Conftantinople.
Here is made in a common Year from twenty to twenty-five thoufand BufF-fkms,
and fbme Wax is alfo (hipped ofF.
KJrmant, like the laft mentioned Place, takes offnothing from Europe, and ohly
furniflics Trade with about twenty-five or thirty thoufand Hides yearly, and fomef
Butrcr.
Sinope is a Port fituated on the Euxine Sea, on the Natolian Side ; fome Goods
are here imported, but the greatefl Part of the Trade is carried on in the different
Coins aforementioned. The Perjians, however, drive a very confiderable one here
in Silk Stuffs, Cambrefines, Indianas, Carpets, Lizats, tSc. of which the greateft
Part goes to Conjlantlnopte, and the reft to Cqffa ; and it is on the Tartars, Greeks,
and Turks, who purchafe the greateft Part of thefe Merchandizes ; a few Linens
are brought from Frebi/onde, but of fo little Import as not to merit any Regard.
Niccpolis is a Sea Port, with very little or no Trade : Though
Cafiamboli, which is two Days Journey from it, makes coarfe Buckrams of all
Colours to above eighty thoufand Dollars Value yearly } of which a Part goes to
Conftantinople, and the other to Caffa and Kih\ here is alfo gathered a confider-
able Quantity of Wax fent to Smyrna j and the Per/tans carry on a great Trade
here, as they do at Rupur, a Day's Journey from Synope.
La Mafire is a Port in the Black Sea, tolerably fecure, and where a pretty good
Commerce is carried on, confifting chiefly in Packthread and fpun Yarn for Cord*
age and Cables, of which there are annually loaded for Conftantinople at leaft eight
Saicks ; there alfo goes from hence, and feveral other neighbouring Ports, a large
Quantity of Wood, the greateft Part for Conftantinople, where it is employed in
the Grand Seignior's Yards for building the Men of War and Galleys; the Mafls
in particular are very good, and fb long, that they have ferved for fixty and fe-
venty Gun Sliips, all of a Piece.
There are exported from feveral Parts of the Black Sea, Salt Beef and Potafhes,
the laft for Conftantinople and Smyrna, which the Englijh and Dutch purchafe to
fcour their Cloths, and make Soap ; the Furs alfo that come from Mufcovy are
tranfported to Conftantinople by the Black Sea.
Of the Trade of Cairo, Alexandria and Rofetta in Egypt<
^TpHE interior Commerce of Egypt was once very confiderable ; of which its
* continual Fairs, that during the whole Year were often held feveral at a Time
in the different Provinces of the Kingdom, will give the higheft Idea. There
all the People of the Country flocked together, to fumifh tnemfelves with the
Goods anc Merchandizes that they wanted- or to difpofe of thofe which a Su-
perfluity rendered ulelefs. There each particular DiftriA, bringing into Trade
the Merchandize which either Art or Nature had rendered peculiar to them, con-
tributed on its Part, to this reciprocal Communication, and to the general Cir-
culation, which was inceftantly made, in the whole Body of the State. Egypt was
fo fertile, and had fo well perfected the Arts and Sciences, that there was a pro-
digious Concourfe from all Parts to thefe fo frequent Affemblie;;, which wer« pro-
d&^ve of immenfc Riches to all the Country.
In regard to the exterior Commerce of the Kingdom, it did not become flou-
rifhing all at once ; and ac it owed its Birth to me Wants of Strangers, rather
than to thofe of the Egyptians themfelves, it was only by Degrees that it went
improving, and in the End became fo extremely great. Egypt was for a long
Time ihut up in itfelf, and fo feparated from all other Nations, that Nature it-
felf fecmed to have concurred in keeping it hid from the reft of the Earth, as
at firft it had no Communication with any of the other People of the World.
Long and toilfome Deferts encompafs it on the Eaft and ffeft, where its greateft
Extent is ; dreadful and unpaflable Mountains bound it on the South, and fnuts up
its PafTagcs to Nubia : In fine, the Mediterranean Sea on the North, fcemed to
8 u 4*«>y
•t . -i
mm f
:i. .;■ j!
m
K-f;.. I
ti 4" I
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i|^1il
ri.
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ilj
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il^!.
718 0///&^ General Trade of the WORLD.
deny it any Commerce on that Side, whilfl: Navigation was Co little known, that
it was for a long Time in thofe Ages retarded. Egypt, contented with its own
Produfts, was then both unknown, and unprofitable to the reft of the Univerfc;
from which it drew no Advantage, until tlic Creeks, by rifking the croffing to
yifh'c, difcovercd in that Country, fo long unknown, a Nation already policed
and a Friend to Trade, that in Time engaged deeply in it, and became famous
for its Knowledge both in this, and other liberal Arts and Sciences ; which the
Magnificence and bon Gout of their Kings, went perfeding by infpiring an Emu-
lation in their Subjefts to improve in all by the Application of afuitable Reward,
as an Encouragement to thole who exceeded in any of them ; and it may be
juftly aflerted, that they were there fupportcd a much longer Time, than among
all the other Nations of the Earth : But after that Egypt fell under the Domi-
nion of the Mahometans, all went to Decay; the Fertility of this charming
Country diminifhed, as the Number of Inhabitants did, and thefe People were
foon reduced to an extreme Mifery under their pitilefs Mafters, and from a Na-
tion once fo induftrious, arc now become the moft unpoliflied, fince the Arts and
Sciences were baniflicd.
The making of Fire-Arms is of all Arts the bcfl: maintained in Egypt ; and
notwithftanding all others, and the Sciences are fo fallen here, that it is hardly
pofliblc to difcover any Traces of them, yet it always carries on a very confidc-
rablc Trade with ^Ifric, AJia, and even to India and Europe, and it muft be al-
lowed, that no Situation was ever more favourable for Trade, than that of this
delightful Country.
Cairo, the Capital of Egypt, is feated on the Nile, above the feven Mouths,
by which this River difcharges itfelf into the Mediterranean ; Alexandria and Ro-
fetta, diftant from one another ten or twelve Leagues, and which are at two of
the Nile's Mouths, ferve for Forts to this famous City, about ninety Leagues dif-
tant ; and it is before the one or the other, that the European Ships anchor to dif-
charge their Goods, of which the greateft Part is defigncd for Cairo, and where
they attend to take in their Reloadings.
If all that has been faid of the vafl; Extent of Cairo, to make it defcrvc the
Name of GraW, beyond all other Cities, is not an Effed of Exaggeration in the
Arabian Hiftoriaiis, or of that of the greateft Part of the European Travellers,
who are equally fufpefted, certainly there is not a City in the World, that ever
had or has, a better Title to it j but not to enter into this Hiftorical Difcuflion,
there is no Room to doubt, that it has been, and ftill is, a Place of great Trade,
though Monfieur Maillet, Sicard, and other French Writers, will not allow it to
be near fo big, nor fo populous as Paris.
The fainous City of Alexandria is now reduced to three or jGour thoufand re-
fuged Perfons, from the different Provinces of Turkey ; Rojetta is all new built,
of which the Foundation was not laid much above a hundred Years ago ; and
as the Canal, which goes from the Nile to Alexandria, only now ferves to carry
the Water from that River to this City, and the Lake Mareotis, the Neccflity m
houfing the Goods fent from Cairo to Alexandria, and thofe which go from thence
to Cairo, has probably not a little contributed to the Aggrandifement, or even to
the Conftrudion of Rofetta. And it frequently happening that the Goods, which
were without the Bar, waited an Opportunity to get over it to Alexandria for Months
together ; and on the other Side, as thofe that came from this City, (after hav-
ing furmounted the Difficulties of the faid Paffage) could not be tranfportcd to
Cairo in the fame Veflels, it became abfolutely neccflary to build in thii Part
proper Places to put them under Cover, and to have Correfpondents and Fadors
lettled there. Tne Trade here is fo much augmented, more efpecially <incc the
Beginning of this Century ; that this City is now one of tliC moft powerful in
Egypt, and carries on a confidcrablc Trade in the Commodities tlv:t is? Neigh-
bourhood produces, with thofe brought in from Cairo, and thofe Imported by
the Greeks in their Saicks from the Archipelago.
The Merchandizes carried to, and extradcd from thefe Ports, being with a
trifling Difference the fame for Cairo, as for the two Cities that fen-c for its Store-
houfcs, I ihall not treat of thcin fcparatcly; but only remark, that the great -ft
Traffic.::,
Of the L E V A N T, ^c. s ^o
Traffick, either in Purchafes or Sales, is tranfaded at Cairo, witli which U'<c Bu-
finefs of Rofetta and Alexandria is nothing in Comparlfon.
The Goods exported from Egypt are, Benzoin, Bdelliuno, Gum- Arabick, Gum-
Adraganth, Turbith, Myrrha Abiflinica, Incenfe in Tears, Storax, Aloes Succo-
trina and Hepatica, Sugar in Powder and Loaves, and Sugar Candy, Sherbet in
Caiks, different Sorts of Cinnamons from Ceilon, Malabar, (Sc. Caffia, Cocos,
Coriander, Coffee, Myrabolans, Chebula, Bellerica, and Citrina, Nutmegs, Nux
Vomica, Cardamoms, Ben, Tamarinds, Coloquintida, Pepper, Mace, Flax of
all Sorts, Senna, Spikenard, Ballard Saffron, Cotton in Wool and Thread, Her-
modadtyls, yellow Wax, Ginger, Rhubarb, Elephant's Teeth, Wool waftied,
and unwafhcd, Oftridge and Heron's Feathers of different Sorts, Mummy, Sal
Armoniac, Nitre, Roche AUum, Sea Lizards, Botargue, Mother of Pearl, blue
Linens of fcveral Species from feveral Places, paiiited Linens, Mogrebincs, Mui-
lins, and Cambrefincs j E^pt alfo produces fome Stuffs, and other Commodities
of various Materials, as of Wool alone, Wool and Silk mixed, C^c. Ribbons,
Handkerchiefs, Carpets and Mulk ; ♦here are likewife exported from Cairo and
Alexandria, a Quantity of Buffaloes, Ox and Cow Hides in the Hair, red and
yellow Condouans, Shagreen Skins, Gfr.
Egypt does not want the neceffary Materials for making good Glafs, but fhe
fends them to Venice, from whence they return manufadured, though in finall
Parcels, as the Turks never drink out of Veffels of this Commodity. There are
ftill made in Egypt a large Quantity of Linens differing in .Quality, and Stuffs
with Silk and Cotton, Silk and Gold, and even Velvets, thougS '.lut very few of
them are perfedlly good.
The Merchandize wliich Europe fends to Egypt are, Agarick, white and yellow
Arfenick, black Lead, Orpimcnt, Antimony, Sublimate, Quicitfilver, Vitriol, Ver-
milion, Cinnabar, Lattin and Brafs Wire, Tin, Venetian Steel, Lead, Paper, Sattins,
from Florence; Cloths of all Sorts, Caps, Cochineal, Coral from ilfj^m wrought
and unwrought, red Tartar, Roche Allum, Dying Woods, and hard Ware, befides
which a vaft Quantity of Glafs Beads from Venice of all Colours, are fold at Cairo,
amd afterwards tranfported to India and all Africa, where the Women deck them-
felves with thefc Toys, as the European Ladies do with Diamonds and Pearls.
There is alfo carried on at Rofetta, a very confiderable Trade from Canfiantinopk
and Satalia, in white Slaves, brought from thofe two Cities, and in black ones,
remitted there in return from Egypt: All the Eunuchs in the Grand Seignior's
Seraglio, and in private ones, as well as almofl: all the other Negroes, that are \a
Turkey, both Men and Women, come from Egypt, where an Infinity of wliite
young Perfons of both Sexes are brought in Exchange for them ; the white Slaves
are very dear, when they are well made, bping worth at lead from 40 to 45 /.
Sterling, and fome Girls have been fold for more than ten times as much. The
greatell Part of the Trade at Cairo is tranfadted by the Jeivs and Arabiam, who
are here in great Numbers, and who with fome Turk Merchants, carry on that
of the Red Sea, from whence they draw the Majority of the aforementioned Mer-
chandizes ; and it is alfo the Arabian Brokers, who interfere ia almofl all the Ne-
gociations here.
This Commerce is carried on by Suez, a Town fituatcd at the Bottom of the Red
Sea on the Egyptian Coafl, about forty five Leagues from Cairo, and fepar^ted by
a Plain of firm Sand, very commodious for Carriages. It is from this fmall
Town (wliofe.Port is neverthelefs far from a good one) that the European Goods,
carried there by Caravans, are at firft tranfported to Gcdda, a League Diflance from
Mecca, and afterwards to Mocha, a City in Arabia, at the Entrance of the Streight.s
of Babel-Mandel, where the Red Sea communicates with the Indian Ocean ; and
it is alfo at Suez that all the Merchandize arrive, which the Turk Mcichantjs
of Cairo import from the Eaji-Indies, and of which the general Staple (ov£gypt,
is at Mocba, where thefc Merchants have their Faftors.
The Commerce of the Red Sea is carried on by means of the Grand Seignior's
Ships, and of fome particular Princes, which Ships are without Decks, or Ar-
tillery, fo that nothing would be more eafy than their Capture ; a Bark furnilhcd
with only four Guns, might make an immenfc Booty in this Sea. When they
are hindered by contrary Winds from arriving at Suez, they travcrfe the Red Sea,
3 ■•^'^'1
719
i
II
■^..i
j'-r '
ilr
1^
7^0 Of the General Trade o^/A^ WORLD.
and go to winter at Caffci, a fmall Place, and not much frequented, at five Days
Journey diftant from Coptaim, a City in the Thcbaida ; whilft thefc VefTcIs are at
an Anchor, they fend frori the Up^iT Egypt to take their Loading, and carry
them Provifions and Gooi's. The Road from Cojj'ci to the Nile, is two Days Jour-
ney further than that from Suez to Cairo ; neverthcthclefs the Expence is not
much more, becaufe the Camels Hire cofts lefs in the Upper than in the Lower
Egypt, and the remaining Carriage being by Water, is perlormcd for very little.
Befides what Eafttrn Merchandize the Furopetins export from Cairo and Alex-
cfdria, the Turkijh Merchants alfo tranfport a very great Quantity to Conjtan^
tinople, and to other Cities of the Ci«i.d Seignior's Territories, on their Saiks,
ana in which they alfo load Rice, Flax, b.^gar, and other Commodities of the
Egyptian Growth j and the total of this Commerce does not import lefs than be-
tween 7 and 8'/OOoo /. Sterling per Annum, and employs ubout an hundred, or an
hundred and twenty Saiks in it.
The Trade of Egvpt is alfo very great on the Part of AJia, from whence Ca-
ravans laden with Ricnes are continually arriving at Cairo, ^nd which are conveyed
by that Branch of the Nile, which falls into the Mediterranean near Damietta. It
is from Arabia and the Neighbourhood of Mecca, that the white Balm comes to
Cairo, fo much valued by the Eaftern Ladies, for preferving their Complexions,
though there is but very little of it unadulterated. Almoft all the Soap that is
ufed m Egypt comes from Palejiine, where it is made of a very good Quality, tho'
that of France is better j the Confumption of this Commodity is very great, becaufe
the waihing with Lyes is not pradtifed here.
The different Countries of Afric do not contribute lefs than the reft of the
World to enrich the Trade of Egypt ; there is no Year pafTes in which fome Ca-
ravans do not arrive from Tunis, Algiers, Tripoli, and even the rcmoteft Provinces
of that Part of the Earth j fo that there is feen a continual coming in of Merchan-
dize from all the Univerfe. Among thefc foreign Merchants who rendezvous at
Cairo from all the inhabited Places of Afric, there is above all, two Sorts who
ought not to be forgotten ; of which the firft are called Croys, living near the Ifie
ciPheafants on the Ocean, who come to Fez and Morocco, and from thence to
Cairo, traverfing the immenfe Deferts that lie in their Way. This Caravan, which
is feven or eight Months on its Journey touches alfo at Tripoli in Barbary, and
brings Gold Duft to Cairo ; though they take care not to fell it as fuch, for in fo
doing they imagine they commit a Sin, and therefore fell it for Silver, with which
theyouy Copper and Cutlery Ware, which they carry back with a certain Specie
of Shells, current in their Country for Money.
The fccond Sort of Merchants I juft now mentioned are black like the firft, and
are full as fingular ; they having a Method of carrying on Commerce fo particular,
that it is probable they are the only People in the World that praftife it j in vain
may any one offer them double the Value of their Goods, if he does not join the
Elephant's Pizzle with it ; that is to fay, nothing but a good Drubbing will induce
them to drive a Bargain, and therefore the Brokers of the Country, accuftomed to
the Manner and Expcdlations of this Gentry, do not fail to ferve them according
to their own FaHiion, and always begin liberally to difpenfc their Blows, that
they may terminate the Difference the fooner; after which Preliminary, thefe Ne-
groes are the moft contented People in the World, and there is nothing that may
not be expefted from their good Humour.
In fine, the Nile conveys to Egytt all that Ethiopia enclofes moft fervicea|)le and
precious ; though it is not the Ethiopians themfelves who carry on this Commerce,
as thefc People very feldom trade any Diftance from their own Country ; but they
fell their Merchandifc to the Natives of Nubia, called Barbarians, who traverfing
the frightful Mountains which feparate them from Egypt, bring thofe precious
Effe*Ss there. Every Year a Caravan fcts out from Sannar for this Journey ; and
tnough it is only compofed of Merchants ragged and almoft naked, who fVe-
quently want all Sorts of Con.eniencies in the toilfome dangerous Roads they have
to go i it is impoffible to conceive what Riches they are Bearers of. From feve-
ral Parts of Africa there is brought to Egypt Gold Duft, Elephant's Teeth, Ebo-
ny, Mufk, Civet, Ambergreafe, Ollrich Feathers, diverfe Gums, and an Infini-
tude of other Merchandize, though this Traffick is not a little cncreafcd by the
♦ RemiiTes
Of the L E V A N T, ^c.
Rcmidcs of two or three tlioufand Blacks fent here to be fold, from all which it
is cafy to conceive what prodigious Sums thefe Caravans muft return with, either
ID Sp:rie or Goods.
It mull naturally be concluded, that a Commerce fo confidcrable cannot but
bring immenfe Sums with it, and make Egyft one of the richeft Parts in the
World. It is true, this Country produces neither Gold, Silver, nor precious Stones;
yet it is probable, that there is not a Spot upon Earth, where thefe Froduftions
of Nature are lefs rare, or more common. The Flax, of which a prodigious Quan-
tity of Linens arc made, and from thence fpr;ad into all Parts of the World j
the Cotton, gathered in Abunda-ice, and a great Share of it worked up ; the
AVheat, Rice, Pulib, Sugar, Coffee, Sherbet, Hides, Morocco Leather, all Sorts of
Drugs, and Spices ; that Sort of Earth called Hanna, fo much efteemed, and of
which there is fo great a Demand m all the Levant, where it ferves both Men and
Women to paint their Feet and Hai. 's j all thefe draw immenfe Sums (romEurope,
Jljia, and Afric -, there is not a Year that four or 500,000 Dollars are not carried
there from France and //j^ only. YromAfrick there is annually imported from 1000
to 1 200 Quintals of Gold Diift j and from Conjiantinople ant'. Afia, there comes
more tlyn a Million of Dollars, for the Purchafe of Rice, Coffee, Linens, &c. It
is true, that what the Bafhaw pays yearly to the Grand Seignior ; what he fends
to the Minders of the Porte to obtain a Continuance in his Poft j what he and
his Dependants carry off, on his quitting the Government j that which the Agas
levy, who the Sultans fend from time to time into this Country j what goes to
Damafcus, and all that which paffes to Mecca, may amount to many Millions :
However it is certain that there remains near as much j and if the Natives, or
even the Turks, who are under continual Apprehenfions of being ftripped, had
not the Madncfs to bury their Money, by which means it not only becomes
ufelefs to Trade, but is often abfolutely loft, it is certain that few Kingdoms in
the World would be richer than Egypt.
721
?U'^V-,ii
Of the Trade of the Archipelago.
T) Y the Word Archipelago is to be underflood a Cluiler of fmall Iflands, of
■'-' which there are many in different Seas ; but that I am now going to treat of
is moft neceffary for the European Merchants to know, being as one may fay at
their Doors.
This Archlpelagc (being the only one that I believe was known to the An-
cients) lies in the Egean Sea j and the principal Iflands are, Argentiere, Milo, Si-
phanto, Scrpho, Antiparos, Paros, Kaxia, Stenofa, JSlicouria, Amorgos, Caloyero,
Cheiro, Skinofa, Raclia, Nio, Sikino, Folicandro, Santorin, Nanfo, Mycone, Delos,
Syra, Thermia, Zia, Macroniji, foura, Andros, Tims, Scio, Metelen, Tenedos, Ni-
caria, Samos, Patmos, Fourni, and Skyros, which produce Oil and Olives, Wine,
Corn, a Sort of Lichen for dying Red, fome ordinary, and fome good Silk, Cot-
ton, Figs, Marts and Planks, Salt (at Miloj in vaft Plenty and very clieap, Brim-
ftone, great Quantities of Milftones (at MiloJ Flax, Cheefe, Oxen, Sheep, Mules,
Emmery, Laudanum, Wool, Goat's Hair, Marble, Cotton Cloth, a fmall Quantity
of Pitch, Vallonea, Honey, Wax, Scammony, feveral Sorts of Earth, Capers, &c.
which the Natives fell to the feveral Europeans, who go here to purchafe them.
Candia is a large Ifland fituated at the Entrance of the aforementioned Archi-
pelago, formerly known under the Name of Crete ; it carries on a confiderable
Trade, and all the Chriftian Nations, who trafRck to the Levant, have Confuls
fettled hcic. The chief Towns of the Ifle are, Canea, Retimo, Candia, and Gira-
petra ; the Neighbourhood of the principal Place, as well indeed as all the reft of
the Ifland, are covered with almoft an infinite Number of Olive Trees, yielding very
good Oil, which is the principal Product of it, and in fuch Ojaantities, that in
a common Year are gathered at leaft three hundred thoufand Meafures, of eight
Deques and a half, and the Deques of three Pounds two Ounces ; here are likewifc
purchafed. Wine, Gum Adraganth, Laudanum, Wool, Silk, Honey, Wax, Cheefe,
Cotton and Wheat.
8 X Sahnica
■,'i'
\t' <l
722
-V
,t.-t. 'f«^':!
:^i:
:}':•• .■■
I^Vt:
Of the General Trade of the WORLD.
Sahnica (the ancient T/jiJ/ii/om\iiJ is a Sea Port fcatcd at the Uottoin of the
Gulf, bearing the fame Name, in the jinhipclago. All the Eiiropeiin Nations
trade here, but the greateft Commerce is from Itafy. Tliis Place is very fertile
ia Corn, and I have feen fonie very good Wheat from hence, though not quite
fo ch^n as it fhould be. The other Merchandize ot Sa/onirti, are Tobacco (of
which whole Ship Loads are exported at a Time) Hides, Cotton in Wool, (bet-
ter than that of Smynutj yellow Wax, brought here in large Quantities from
Turkijh Valacbia, unwafh'd Wool, and fume coarfe Woollen Stufts,lor the cloath-
ing of the poor People and Soldiers.
The Goods carried there arc Indigo, Cochineal, Ginger, Pepper, Cinnamon,
Mace, Nutmegs, Hying Woods, Sugar, Lead, Pewter, block and fmglc Tin,
Cloths from England, b'nince and Holla"d, Paper, Abv.Ouds, Verdigrealc, and
fomctimes Coffee from the Ifles.
Of the Co larce -w't' the Coajl of Barbary.
WHAT is called Bariar. h *hk' -'aft Maritime Part of Africa, which ex-
tends for more than f:x ' • / iii>,' . cagucs from Egypt to the Strcights of
Gibraltar, and a little beyond i iiiw t'^^ Atlantic k Ocean. The principal
Kingdoms, or Republicks, which ilividc tl \{[s of Bariary, are Tripoly, 'Tunis,
Algiers, Morocco and Fc~.; the Government of thefe two laft is entirely mo-
narchical, and fubjedl to the fame Prince ; that of Tripoly is Republican, and thole
of Tunis and Algiers, a Mixture of botn. All thefe States have a Number of
Ports in the Mediterranean -, and the Kingdoms of Morocco and Fez have alfo
fomc on the Ocean, which ;ire equally ferviccable for the Chriftians Trade, and
for a Retreat to their own Crui;:crs.
The moft confiderable of thefe Ports, and where the greateft Trade is tranf-
afted, and Confuls of different Nations relide, are Tripoly and Gouletta (which
is that to Tunis) Algiers and Saltee, in which laft the chiefeft Trade of Fez
and Mor:,cco is carried on, although a good deal is done at Tetuan, and fome at
Arzilla, AlcaJJar, Azamor, Sapbia, and Santa Cruz. The Kingdom oi Al-
giers has, beiides its Capital, Tremecen, Conjlantine, Bona, Bugia, Gigery, La
Calla, Cape Rofa, Collo, and that called the Bajlion of France, near the Gulf of
Storacourcouri.
And bcfides the Gouletta, Tunis has Bizerta and Port Farina, though the Tri-
polines have only the Port of their City, with fome few Places on the Coaft,
where none, or hardly any Trade is carried on.
The European Merchants have Warehoufes only in the principal Cities, and
rarely land in any others, on Account of the Impofitions commonly pradlifed
there j trading among thefe People (as the Saying is) Pike in Hand, being always
on their Guard, or otherwife they are furely abufed or cheated.
I liave already mentioned ^p. 628.) the Exports from Barbary, as well as the
Goods they take off, and have little to add thereto, except fomething conccrnin^^
the Trade of Morocco, which differs in fcvcral refpedts from the others.
Sallee, as above obfervcd, is the Port in the Kingdoms of Fez and Morocco.
of the greateft Commerce; the Entrance of the River Guercu, on which it is
built, has a Bar of Sand that changes according to the Winds that blow, which
is of vart Inconvenience to the trading Vcffels, though it ferves as a Refource to
the Saletines when purfued by the Maltef, or other Chriftians, who are more in
Safety here, than in any other Port of Barbary.
The European Merchandizes are unloaded immediately on their Arrival, into the
Chriftian Merchants Warehoufes there, and afterwards fold Wholcfale to the Moors
or feivs, wjio fend them to their Corrcfpondents at Morocco, Fez, Mc^ulnez,
Tarudant, and Illoe. The greateft Part of the Merchandize imported is conlumed
ill thefe live Cities, particularly at Mequinez, twelve Leagues from Fez, and has
the largeft Magazines of Corn, Hides, and Wax, which are the chief t ommo-
dities of the Growth of Morocco, and the States dependant on it. .And what Goods
remain undifpofed of in the faid five Places, are lent to the Provinces of Sara,
Dras, and Touet, in the Kingdom of Ti/ilet, where the Arabians take them in
3 Truck
^-#;-
0/ A F R I C K, ^c.
Truck for Gold Duft, Indigo, Oflridge Feathers, Dates, and Ibmctimes si few
Elephant's Teeth j of which laft. Gold, or the I'cathcrs, none arc produced in
the Territories fubjcdl to the King of Morocco, although the Chriftians yearly
extrad from thcin a great Quantity of that ricli Duft and Plumes. The Gold
and Ivory is brought by the Arabian Troops, wlio go to procure them as far as
the Kingdom of Sedan and Gago, which arc Part of Guinea, and are above four
hundred Leagues from Morocco. The Ollridge I-'eathers come from Sara (or
Dara) a Country to the South of Morocco, towards the Sea of Sand, where the
Moors and Arabians kill them iu great Numbers, and fometimes take them alive,
and bring them to Morocco, which has led many Authors and Geographers into
the Error of fuppofing them Natives of this Empire.
Tlic Benizcqucrs, a People of Afric in the Province of Habat in the Kingdom
of Fez, have among them a Number of Weavers and Curriers, who carry on a
jjrcat Trade in Linen and Hides ; and the other Commodities in which they deal,
aic Honey, Wax, and Cattle.
Santa Cruz, in the Kingdom of Morocco, on the Confines of that of Sus, near
tA Mount Atlas, is a fmall Town, though it a'' prefent carries on a pretty good
1 radc, moic efpecially to Marfeilks, wl'.'sre Imports and Exports are fuch as arc
beloreiiKntioned,
Algicn, Mr Savary fays, contains above three thoufand foreign Families, which
Trade had drawn there, though he fuppofes it principally arifes from the Sale
of the Prize Goods, continually bringing in by their Privateers. The Country
produci-s plenty of Corn, beiides the other Commodities peculiar to Barbary, and
their Imports confift of Gold and Silver Stuffs, Dainafks, Draperies, Spices, Pew-
ter, Iron, hammered Copper, Lead, Qiuckfdver, fmall Cordage, Bullets, Linens,
Sailcloth, Cochineal, Tartar, Allum, Rice, Sugar, Soap, Galls from Aleppo to
Sii'vrna, Cotton in Wool, and Thread, Copperas, Allocs, Woods for Dying, Cum-
min, Vermillion, Arfenic, Gum Lack, Annifecds irom. Malta, Brimftonc, Opium,
Maftick, Sarlaparilla, Incenfe, Spike, Honey, Wool, Paper, Glafs, Beads aflbrted,
&c. a fmall Quantity of thefe Merchandize however fell here, although the Na-
tives arc always wanting them, as Duties muft be fatisficd, Recoveries difficult,
a Retreat of the Propci ty uncertain, and Impofition very freq.ient. 1 hole there-
fore who need any of thefe Goods, wait till the lad: Extremity, in hopes of fome
Prize being brought in.
Couca, is a fmall Kingdom, fubjedl to that oi Algiers ; its principal Trade con-
fifts in Corn, Olives, Oil, Figs, Railins, Honey and Wax ; here are alio fome
Iron, Allum, Sheep and Goats for Exportation.
The Bajiion of France is a fmall Fortification built at the Extremity of the
Kingdom of Algiers, on the Side where its Frontiers join with thofe of Tunis.
The French, to whom it belongs, and from whom it received its Name, have
been in PoflelTion of it ever fince 1561, when Soliman II. made them the Con-
ccfiion, after a previous Agreement with the Divan of Algiers, and the petty
Princes of the Country, for which they pay 39500 French Livrcs yearly.
La Cajja, is the true Port to the Bajtion ; and befides thefe, the French have
Cape Roja, Bonna, and Collo in their Grant, from all which Places, they annually
Export about fifty thoufand Meafures of Wheat, eleven or twelve thoufand of
Barley, five to fix thoufand of Beans, and fome other Pulfe, above eighty thoufand
Skins, a little Guet, about five hundred Quintals of Wax, and much the fame
Quantity of Wool. It is likewile here that the French have their Coral Fiftiery,
of which they take from five to fix hundred Quintals yearly j and all thefe Com-
modities arc fent to Marfeilles, except the Pulfe and Grain, which the Italian
Markets take off, and more efpecially Genoa.
The Bajlion has been for fome Years paft united to the French African Com-
pany (or the Cape Negro Company) whofe Exports from the Place of their De-
nomination, are like thefe from the Bajiion, viz. Corn, Hides, Wool and Wax,
of which in a good Year their Extradts are confiderable. •
Between thefe two Places of the Bajiion and Cftpe Negro, (fubjeft to TunisJ
is the Ifle of Tabarque, Dependant on Sardinia, but has for a long Time apper-
tained to Meffrs. Lommelini of Genoa, in Property, who pay a Sort of Tribute
to Algiers and Tunis, to prefervc the Inhabitants iu the free Enjoyment oi the
Curid
7-^3
I 1
* ' I.
' -*■/»■.
9-
b :
IP'
,1
724 0/ the General Trade 0/ //j^ WORLD.
Coral Fifliery, and do the (lime to the King of Sardinia, though their Ifland
is well fortified, and free from Itilults. It fikcwifc carries on a tolerable good
Trade on its Coa(lt> in Corn, Hides and Wax.
Of the Tradi o/Africk.
'X^HIS is one of the fonr Parts of tlic World, bounded by the Ocean, the Medi(er-
■^ ranean, and the Red Sea, which makes a I'cninfula of it ; and a greut
Ifthmus, between Suez, at the Extremity of the Red Sea, and Dumirttii, on the
Mcdifcrrtiiu-iin, joins it to A/Iii. This Situation gives it a vad Extent of Cbaft, on
which only the Europeans liavc any 'I'catKck ; the Inland of their Continent being
very little known, cither from tlie Nature of the Country the infupportablc Heats
that generally reign here, or on Account of the Inhabitants Ferocity, of which the
major Part are Savages.
And as a Connexion of Matters, which could not conveniently be feparatcd in
treating of the Alediterranean Trade, led me to defcribe that of Ctiiro, AUsan-
driii, RoJ'ftta, and all the Coafl of Barbury, that make a confiderable Part of
Afrtck, I Hiall have no Occafion to repeat any thing concerning them here j but
under this new Title proceed to give a general Idea of all the Plates, where any
Commerce is tranfadtcd on the otherCoafts of y^r.Y/f, and of the Eftablinimeiit
that the different Nations of Euroffe have there.
In rfgard to the Trade of the Red Sea, as it in fome Sort appertains more to
yljia than ylfrica, I fliall omit ("peaking of it, till I come to treat of the AJiatic
Commcicc, a.id at prel'cnt confine my("clf" to the African only.
Very little or no Trade has been carried on, nor any of the Europeans had
any Settlement on tlie faid C'oalf, from the Kingdoms of Morocco and Sus, to the
Neighbourhood of (?apc Vcrd ; near which Cape, and in the Space between thi-
River oi Senegal, (which is one of the Hranches of the Nigrel^mi, that oi Sierra
hioiia, the French and Portuguefe have (bine Fadorics ; as the Englijh and Dutch
formerly had, but the one abandoned them, and the others yielded them tu
France. Since writing the above, the Englijh have drove the French from all
their Settlements on the C'oa(> of Africa.
The Coaft of Sierra Liona is vifited by Ships of all the four Nations, though
folely the Englijh and Portugueje Iiave any Eftablifliment here ; and it is the firll
only who refide near Cape Mij'erado between the Coafts of Sierra Liona, and thole
o( Malagueta, where they have about ten or twelve houfes in all.
The French carry on (bme Trade on the Coa(l of Malaguete (otlierwKc named
GnwsJ though without any Relidencc ; and on the Ivory Coaft (which joins to
this lafl mentioned) all the Nations of Europe, that are engaged in the African
Trade, tranlaft a great deal here in Elephants Teeth j though (umeof them, hav-
ing no Settlements, arc obliged to negociate with the greateft Caution, very rarely
putting Foot ufliorc, for fear of the Natives, who are Cannibals, fierce and un-
tameable.
The Cold Coaf>, which is the next, is the moft frequented of any in Africk
by the Europeans ; and to prcfervc the Trade of the rich Metal, from which it is
denominated, there is hardly any oi them who have not Habitations here, and
Ibmc of their. poUbfs even Towns, and confiderable Fortifications.
Ardres is a fmall maritime Kingdom joining to the Gold Coafl, though it affords
very little for Trade, but Slaves : And Benin follows, making a Part of the Coall
of tiic Gulf of St. Thomas. The Ifle of the fame Name under the Line, has be-
longed to the Portuguefe. ever fince they drove liie Dutch out, who had before
taken it from them, whiifl united with the Crown of 5/><?/«. The former al(b
have (bii^c Settlements at fcvcral Places in the Gulf, and particularly at thofe
which are in the Ncighbourhotni of the Kingdom of Congo.
It is from this Kingdom, and that of Angola, that the heft Part of the Ne-
groes tranlported to America are extradted, and where each Nation goes to fcek
the Number they want. The Portuguefe are in a manner MalU-rs of thele tv^ti
Kingdoms where they are both feared and loved by the Natives ; hosvcver, their
Authority
0/ A F R I C K,
r.
Authority does not extend to hin<ler the F.nt^lijh, French, Dutch, (Sc. from car-
rying on the Slave Trade with V.s.(c and Advuntagc.
Tne Cii/ntria, or Country of the Cafres, hcginsalinoft where the Coaftofyf/f-
golii ends, and continues to the Rio de Spirito San/i, where thp f So/fi/u com-
mences. The Europeans have no Traffick in all this vaft IvXtent o Coaft, though
it is the moft celebrated of all the Alrlum ones, on Account ot" the Cape of Good
Hope, which is fituatcd about the Middle of it.
The Dutch have a Settlement at the C'upc, though not fo confiderable for any
great Advantage arifing to them from their I'rade with the Natives, as from its
lerving for a Rendezvous and Plate of Rcfrcninunt to their Indian Fleets both
going and coming.
After the Cafrean Coaft, comes that (as I obferved before) of Sofala, wherr
none but the Portuguij'e are fettled, as they alfo are at Mozambique, whicli joins
next, and which has ibcfore it the great Ille oi Madagafcar .
In fine, it is alfo the PortueueJ'e alone, who carry on the whole Trade of Me-
linda, though it is the laft Place they engrofs to Cape Guaydafur, which being
doubled, gives an Entrance into the Red Sea. The Coaft oi Ajan (or Defart Coaft)
which extends from the Kingdom of Af(-//W<; to the faid Cape, produces nothing
fit for Trade, having befidcs hardly any Inhabitants to carry it on.
I have not mentioned any of the Iflcs of the African Coafts, except thofe of
St. Ihomas and Madagafcar ; but in the fubfequent Part •( the Work, none ftiall
be negledled that contributes any Thing to Trade ; and at prefent I ftiall enter into
a Detail of that wherein the Europeans arc concerned on all the faid Coafts, begin-
ning it at Cape l^ei-d.
725
Of the Trade of the African Conji from Cape Verd to Cape Sierra Liotia.
CAPE Verd, fo named from the Ever-green Trees that cover it, is fituatcd
between the Rivers of Senegal and Gambia, which are two of the chief
Mouths of the Niger, a River fimilar to the Ni/e, with which (as one may fay)
it divides all Africk ; this traverfing the one half, before it falls into the Ocean, as
tlie Nile docs the other Half, in its Progrefs to the Mediterranean.
The Trade pradtifed in going up thefe two Rivers, either on the Coafts of
Senegal, or on thofe which extend from Gambia to the Cape of Sierra Liona,
confifts in Gold Duft, Ivory, Wax, Hides, Gums, Oftridge and Heron's Feathers,
Mulk, Rice, Millet, Indigo, Cotton Coverings for Negroes, and thefe Slaves them-
fclves.
The Portuguefe hive had great Settlements on all thefe Coafts, but at prefent
their Habitations arc fomething more inland, efpccially going up the River of
St. Domingo (which is about thirty Leagues from that of Gambia) where their
Refidencc is at Cachco, the Place where the African Company of Lijbon have
their Magazines, for depoliting the fiuro^fdn Merchandizes, and thofe they col-
led of the Country's Produce, brought down the faid River (which is navigable
for above two hundred Leagues) being annually about loo.ooolb. of Wax, 50,000
of Ivory, and from 800 to 1 000 Negroes, which they fend to the Iflands of St. f antes
and the Brazils, befidcs thofe they fell to the Englijh and Dutch, who come here
yearly to feek them.
The Portuguefe here carry on their Commerce in Barks of about forty Tons
Burthen, with .which they trade up the Rivers Cazuma, Pongues, Nonnes, and
even to that of Sierra Liona ; the firft furniftiing them with their greatcft Quan-
tity of Wax J Pongues and Nonnes with Indigo, and Sierra L/d/ia with Fruit, which
they call CoJJ'e, with which they drive a great Trade j and from all thefe Places
they alfo get a Quantity of Ivory and Slaves, which they truck againft the afore-
mentioned Negroes Clothing, Brandy, Iron, Pewter, ©c.
The Englijh had formerly many Habitations, and fome Forts on the River
Gambia : That called St. James, belonging to their South Sea Company, fituated
a little higher than its Mouth, was taken and deftroyed by the French in 1695.
The River Gambia has twra Openings, tlie one to the North and the other
to the South ; in which latter (being moft ufed) Ships of three or four hundred
8 Y Ton-!
I J
I
!
r' - ■
716 0/ /;&«• Genlral Trade 0/ the WORLD.
Torn mty enter, but cannot go up it abnvc lix or Teven League* i though Veflcli
of a hundred and fifty Tons may go up a« many Lcnguci to Majugard; and the
Fngli/h, with lighter Barki, have often priKeedcd yet a hundred and fifty League*
higner, from whence they have brought back a Quantity of Slaves, Cold and
Ivory, in Time of Peace, to Mnjugarif, where they nad a Magazine, and their
Fort with their principal Habitation wai in an lllc of the River about fcven
Leagues from its Mouth.
Cantory is a Kingdom of Afrkk, in Negro Land, on whofe Coads the French
have a tolerable good Trade, and a Fort for its Security and I'rotedtion. The
principal Trathck is in Skins and Hides, for which Dutiea arc paid at Bty-
houta.
Ca/iaria, a Province in A/rick, where the Dutch have a cunfidcrable Trade,
chiefly carried on at the Town of that Name, their Fort being there, and their
Traftitk in Slaves a good one, though the greatelt Part of the Natives on this
Coad are Man-Eatcrs. The Exchange for Slaves is unpolifhcd Copper, or fmall
Bars of hammered Brafs, each weighing a Pound and a Quarter, and about two
Feet and a Half long, of which fourteen or fifteen are commonly given for Slaves
of both Sexes, and different Ages, one with another i of thefc the Natives make
a Sort of Lattin Wire, which they employ in Cellars and Bracelets to tdorn
themfclvei -, and in Cafe any of thefe latter arc carried ready made from Europe,
they ufe them there as Money.
It i^
SENEGAL.
THE French Company oi Senegal, united to that of the Weft in 1718, and
after the Year 1719 fwallowcd up in the great India one, have two prin-
cipal Eftablifhments on this Coaft j the one at the lllc of Goree, and the other
in the Iflc of 5^. Lewii, at the Mouth of Senegal River. The Dutch were the
firft who occupied the Ifland of Goree, and built there the Forts of St. Francis
and St. Michael, though under their firft Mafters they had other Names. The
French fcized it in 1678 j in 1692 the Englijh took it from thefe laft, who the
fuccccding Year again repofTcflcd it ; and the Senegal Company have occupied it
e/er fince, and from hence carried on a Part of their Trade, of which, however,
the greatcft Share always continues to be tranfadted on the Coaft of St. Leivis
ille, and that of the River Senegal. Thefe Places were taken by the Englijh
in 1758, and ftill continue in their PofTeflion.
All that this Company can ncgociate, in the whole of thcfc Settlements f Se-
negal included) may amount in a common Year to fix thoiifand Bull and Ox
Hides, forty or fifty Quintals of Gum Arabick, from a hundred and fifty to an hun-
dred and fixty Quintals of yellow Wax, feven or eight thoufand Pounds of
Elephants Teeth, two thouland Cotton Negro Veftmcnts, twenty-five or thirty
Marcs of Gold, and fifteen thoufand Slaves. It alfo extrafls fome Oftridge and
Herons Feathers, Ambcrgreafe, Civet, a Quantity of coarlc Cotton Cloth, blue
and white ftripcd, which arc refold on the Gold Coaft. The chief Traffick of
Gum is with the Moors, who bring it on Horfes to a Place called Terrier Rouge,
at fifty Leagues from the Coaft, going by the River of Senegal; of which the
Sales begin in the Month of April, and laft about fix Weeks.
Higher up on the Coaft is found the Kingdom of the Jalofes and that of the
Ceratique ; and it is to this laft that the Cuftoms are paid, for die Liberty to
navigate and trade in the River of Senegal.
Tnc EngHpi and Dutch have very confiderable Dealings with thelc Jahfes, and
the Places of their principal Tranladtions are Camino, "Jamejil, and Geroep. The
Months of March and April, with thole of November and December, are the
moft convenient ones for this Commerce.
The Merchandizes proper for Senegal and Gambia, are in Part the fame, and
part different. Thofe for the River ofGamiia, particularly for the yalo/'es, with
which the Dutch commonly load their Veffcls for this Traffick, are Bars of Iron,
(iwenty-cigiu or thirty to weigh about ten Quintals) Brandy, Beer, Copper Bi-
ions of different Weight, Copper Plates of about a Puuud, Yarn, coarle narroiv
blue
m
0/ A F R I C K, &c,
blue Serges, four threaded Cloths, red, yellow and blue Ratines, red, yellow and
white combed Wool, white, blue, red and yellow, Glaii Beads of various Sorts,
rough Coral, Sabres, Conper Trumpets, red Caps, round Padlocks, Rock Cryftal,
Sailors Knives, coarfe Shirts, and fine ones with Lace at the Bolbms and Wrifts,
Suits ot' Cloaths from Harhm, Sile/ia Linens, and others both of Hemp and Flax,
fine Cotton Linen, fine and common Paper, Earthen Pots white and dIuc, Blan-
kets of Lt^dtn, Irijh Mantles, Morocco Leather Shoes, Hats, brown Furtians,
coarfe white Thread, Glafs Bottles with Pewter Stoppers, and all Sorts of
Needles.
The Loadings of the h'rtncb Ships for Senegal, are in Part compofed of the
aforcfaid Goods i and bcfides them, of black Cotton Linens, calendered Linens of
Rouen, Kettles from four to ten Pounds Weight j fome few Trinkets of Silver,
yellow Amber, Pewter, little Looking-Glufles with painted Frames, fome Coin,
large red Coral, Taffetics, Crimfon, cherry Colour, yellow and blue, though but
few of them, a few Cloves, Sambouc Wood, and the Iris of Florence, for Prcfenls
to the Negro Kings, as alfo a few Ells of Scarlet Cloth for the fame Purpofe.
Arms, luch as Mufquets, Mufquetoons, Fowling-Pieces, Pidols, double bar-
relled Guns, Gunpowder, leaden Balls, Shot, and Flints, are equally proper for
Gambia and Senegal i hut one of the bed Merchandizes, and of which the Sales
are the mo(l conliderable, arc the MalJivean Shells, called Caurtt in India, and
Bougfs on the Coaft of Africk.
All thcfe Merchandize, and fome others which will be hereafter mentioned,
are equally proper for the Trade of all the other African CoaAs, excepting the
abovemcntioncd Shells, which art only current from Cape Blanco, to and includ-
ing "Juda (or XaviesJ on this Side the River Ardres. But Angola, where the
greateft Purchafe of Negroes for America is made, does not admit thcfe Shells
in Trade. It is true, that the Inhabitants of C0;i^0, do alfo make ufc of Shells,
by them called Zimbi, or Zinibi ; but thcfe are carried them only by the Perfw
gue/e, who arc in a Manner Mafters of all this great Kingdom.
727
•^i
7'Jbe Commerce of the African Coajit, from the Capt of Sierra Liona, to the River
oj Ardres,
TT is from the River oi Sierra Liona, that the Coafts oi Malaguete, (or Ma-
•*■ laguettej begins, fo called from a Sort of Pepper, that makes the principal
Trade of tne Blacks of this Part of Africk j the Englijh and PortugueJ'e rfiarc this
Traffick ; the firil having a Fadory conveniently eibbU(hed in one of the Iflands,
and the other within Land.
The Merchandizes this Country affords them, are Rice, Elephants Teeth,
(the beft on all the CoaAs) Civet, and a lictle Ambcrgreafe. The Capes of Monte,
and Miferado, would likcwife be good Places for the Ivory Trade, could the In-
habitants be made traiflable, as the River Junco (or del Punto) would, did not
the Sea break in fuch a Manner, as to render anchoring there very dangerous.
The Ivory Coaft joins to the preceding, and produces only thofc Teeth and
a little Gold for Trade. Iron Rings and fmall Bells are what moft pleafes thcfe
Barbarians from Europe; and the Places of the greateft Trade on this Coaft, are
the Grand Drouin, fituated in an Ifle formed by a fmall River ; Grovia, Tabou,
Little Tabou, Tao, Rio Frefco, St. Andrew, Giron, Little Drouin, Bortrou, Cape
la Hou, fames la Hou, Wallochk and Gammo.
The Gold Coaft begins at the River Sueiro da Cojias, and is about a hundred
and thirty Leagues long Eaft and Weft. This Coaft is above all others oi Africk
the moft frequented by the Europearu and where the Englijh, Dutch and Danes
have very confiderable Settlements : The great Quantity of Gold found, and fold
on this Coaft, has given it its Name, and its chief Market Places are, Atchim, or
Axime, Acara, called alfo Tafon, Acanni, Acberva, and Fetu. That of Axime is
the beft, and of the Standard of twenty-two or twenty-three Carats.
AbafJ'on is the firft Kingdom on this Coaft weftward, which extends only about
fix or feven Leagues along Shore, though its Bignefs within Land is unknown.
On faihng Eaftward, the Villages and little States of yl/^mi and Tabo are met
withi
'^
Pl
»'> ■ *
I
t 3
\h
1 »• V
728 0/ the Geneuai- Trade of the WORLD.
with J the fii'ft fix Leagues from [ffini, and the other ten. The Ships that trade
along the C'oaft, come to an Anchor before thefe Villages, and hoilt their Co-
lours, on whicli the Negroes immediately come off, and on finding them Friends,
go aboard, v. here tiiey arc commonly regaled with a Glafs or two of Brandy,
and an Enquiry is made from tliem, whether any Ships have been lately on the
Coafi;, and what Cioods they luve got to difpofe of.
The Kingdom of Giiiomcrc, is the neareft to Cape ApoUonia, and tiiougli its
SeaCoaft be very contrafted, it is pretty confidern.ble within Land, and drives a
great Trade, cither from Gold Mines it has itfelf, or with what it colledts by its
Commerce, with thofe tliat poiTefs them, as this Metal is very common here ;
and the Traftick in Ivory and Slaves is not a little. At eight Leagues to the Baft
of Cape St. ApoUina, is the Village which the Negroes call Akxem, the French
Axivie, and the Dutch Atchiin, of which thefe laft have been for above a hundred
Years Mafters.
After Axime, is Cape des Trois Pointes, called fo from three Mountains which
compofe it. The Subjects of the King of Prujfia were fettled here, and had
a Fort, which they had obtained in 1720, and delivered up to the Negro King,
Mailer of the Countiy, who acquainted the French therewith, and follicited their
coming to fettle there, witii Offers of an exclufive Trade j but they negledting
to improve the Opportunity, the Dutch took it in 1725, and continue to enjoy
it, and is one of the moll conlidcrable Places on the Coall ; the Anchorage is
good, the Landing eaiy, without any Bar ; and the Country is healthy, abundant,
fertile, and well cultivated. Befides the Gold Trade, which is very confiderable^
here is a great deal of Ivory, and many Slaves. The Dutch have another Fort
called Botrou, about two Leagues to the Eaftward of the Cape j and another at
lix Leagues to the Eaft of Botrou, named Witfen, pretty near to Tacoravi.
Sama or Chama, is one of the chiefeft Places on the Gold Coall, being near
four Leagues Eaft of Tacoravi 5 it contains about two hundred Houfes, and the
Portuguefe had here formerly a Fadory, and a Redoubt } but the Dutch feized
both the one and the otiitr, and carry on a corifiderablc Trade here, it being the
Rendezvous of all the neighbouring Negroes.
The Kingdom oiGnaff'o, or Cotnvendo, begins four Leagues to the Eaft of Sama.
This with Fefu (or Fetu) and Sahou, made fornifily but one Kingdom, and was
then powerful and rich, but fince its Divifion, is greatly diminillied. The Ne-
groes call it Commendo Ajata, and the Portuguefe, Aldca de Torres, though it is yet
known under the Name of Littk Comtnendo, to diftinguilh it from Gnaffo, which is
further in Land, and denominated Great Commendo. All this Country is ex-
tremely fertile, and abounding in every Thing necefliiry for Life. At Lift/a
Commendo, is a celebrated Market kept daily, the beft furniihed of any one in Gui-
nea, and it may be in all Africk.
Although the Gold Trade is not fo confiderable here, as at the Places bcfore-
inentioned, and at the Mine, &c. which I (hall hereafter fpeak of; yet the French
have notvvithllanding made a Settlement, that is of infinite Service to them, for
furiiilhing their Ships with Refrefliments in their Voyages to the Fall, and in
their Return to France.
The Cajile of the Mim\ known by the Name of St. Georg,' de la Mina, is the
principal Fadlory, and the bell Fortrefs which the Dutch have on the Gold Coall,
being the Refidcnce of their Director, and general Commandant, and the Centre
of their Commerce, on which all their other Settlements depend. The Soil is
■ifertile, and therefore the Miners are obliged to the Bhuks oi Commendo, Fetu,
and Cape Corfe, for '' Provifions j which laft Place lies about three or four
Leagues from the Mine, and has for fome Years pail been the thief Settlement of
the Englifh in thefe Parts ; it is the Relidence of the Diredtor General of the Lon-
don Company, who has the Authority over all the Settlements which this Nation
has in Guinea; and the Fortifications are here lb ftrong, as to have refilled the
Dutch Fleet, under the Command of Admiral Riiyter. The Village occupied by
the Negroes is the moll confiderable of the Kingdom of Fetu; it is compoled of
more than two hundred Houfes, and has a diurnal Market, where every Thin"
may be had for Money that a Fcrfon can wifh for.
Bv
0/ A F R I C K, ^f .
By the Agreement which the Englijh and Danes made on their joint Capture of
this Place from the Dutch, it was tUpulated that the Danes (hould have a fortified
Settlement here, called by them Fridericjhourg, which is to the North-Eaft of the
Village, and is commanded by the principal CommilTary of the Danijh Company,
which carries on a confiderable Trade here.
Although the Fort and Village of Cape Corfe, are in part dry and arid, the
rcll of the Kingdom is very fertile and abundant, the Lands are well cultivated,
and the Natives (who are numerous) are very laborious.
The Village of Maure, is a little League from Fridericjbourg, where the Dutch
have a Fort with the Name of Najau.
The Kingdom oi Fantin is extremely rich, populous and potent ; the greateft
Village in Cormantin, about three Leagues from Moure; the ^ngiijh had formerly
a Fort here taken and retaken by the Dutch, with whom at laft it remained, and
they have here a good 'Irade, as they have at Adia and Jamolia, which they have
fortified. The Country is rich in Gold ; the Inhabitants laborious. Lovers of
Trade, of which they have learned the Secret and Oeconomy from the Dutch.
Ackram or Acron, a Town in Africk on the Guinea Coaft, is not far from Bregu,
or Berku, and whofe principal Traffick confifts in Gold Duft, which the Inhabi-
tants give in Exchange for red Cloth, Pots, Kettles, Bafons, and other Copper
Kitchen Utenlils.
Aguvanna, another African Kingdom on the Gold Coaft, carries on much
the lame Traffick as the preceding one, with the Addition of fome few Slaves.
Of Acara, Lampi, Juda, and Ardres or Ardra.
yiCARA is a large Kingdom, feated at the Extremity of the Gold Coaft,
-^ where the Englijh, Dutch, and Danes, have each a confiderable Fort, which
renders them Mafters both of the Gold and Negroe Trade, and therefore obliges
the French to deal with Lampi, Juda and Ardres, even when at War with thefe
Nations ; the latter of which borders on the Kingdom of Boneri. Before that
Moure and Cormanteri had attradted the greateft Part of the Bufinefs tranfaded on
the Gold Coaft, the Village of little Acara, fituated at the End of it, was the Place
where moft of the European Merchandizes found Difpatch j this Village only
furniflied a third of all the Gold that the Europeans traded for on this Coaft, and
the Negro Trade v.- ftill pretty good here, as between three and four hundred may
annually he purchafed on reafonable Terms.
The Commerce of Lampi ?nd fuda (a fmail Kingdom between Acara and
Ardra J is not inconfiderable, efpecially for the Purchafe of Negroes. In the Years
J 706 and 1707, the French Affiento Company bought here two hundred and fifty
each Voyage, in Truck for European Goods from forty-five to fifty French Livres
per Head, though in the Kingdom of Ardres, from whence near three thoufand
Slaves may be annually extradted, they ceft about eighty ditto, and thefe with
Provifions, are the only Articles of Commerce in this Kingdom for Exports ; the
Goods efteemed moft here for Truck, are the biggeft Glafs Beads ; large Cryftal
Pendants ; large gilt Cutlafles ; coloured Taifeties ; filk Stufi^s ftripcd and fpot-
tcd J fine Linen ; Laces ; fine Handkerchiefs ; with Buttons ; Iron Bars j a fine
thin woollen Scul l died Bouge; Copper, cylindrical, and pyramidical Bells;
long Coral j Copper Bafons of various Sizes ; Mufkets ; Brandy ; large Um-
brellos ; gilt Looking- Glafles ; China Taffeties, and other Silks from that Part ;
CJold and Silver Duft ; Englip and Dutch Crowns.
729
I
(, W
/ I
Of t?je Trade on the Coa/l of the Kingdom of Benin.
'TpHE Europeans trade but little in this Kingdom, although it has two hundred
•■■ and fifty Leagues of Coaft, and the Inhabitants are lefs favage than the Negroes
oi Guinea and other Vim oi Africk. The Merchandize found here are Cotton
Habits ftriped according to their Fafliioii (afterwards fold on the Gold Coaft) and
sthcrs blue, proper for the Trade of the River Gaiou, and on that of Angola ;
8 'i Jafper
II"- 'i
m
1 . re*
1
St h
IV-'-
i:--
730 0/ //&^ General Trade 0/ the WORLD.
Jafpcr Stones j female Slaves (for they will fell no Men ;) Leopard Skins; Pepper ;
and Acori, v.hich is a Species of blue Coral that grows under Water in the Form
and Manner that other Corals do. In Exchange of thel'e Commodl." -s are given
Gold and Silver Stuffs j Red and Scarlet Cloths ; Red Velvets ; Violet coloured
Ferrets ; Harlem flowered Stuffs well gummed ; Red Glafs Ear-Rings ; Looking
GlafTes with gilt Frames 5 Glafs Beads ; Bougcs j fine Coral ; Earthen Drink-
ing-Pots flriped with Red ; all Sorts of Cotton Thread, and Linen ; Oranges ;
Lemons ; nnd other gn.rn Fruits candied ; Brafs Bracelets weighing five Ounces
and an Half ; Lavender } and Iron Bars.
The Dutch are almoft the only Traders with thefc People, as it is they alone
among all the Europeans who have a Warehoule here, which by the King's Per-
miflion is eftablilhed at Gohu, a large Village on the River oi Betiin; and this
Commerce they enjoy fo uninterruptedly, as the Country produces neither Gold,
Ivory, Hides, Gum, Wax, nor Slaves, as abovementioncd, though the Natives are
jnuch more civilized, honeft, and (if the ExprefTion may be allowed) polite than
any of their Neighbours.
Captain Snelgrave, in his Trcatife of Guinea, publifhcdin 1734, fays, that the
River Congo, in the fixth Degree of fcuthern Latitude, is the mofl diflant Part
that the Eng/i/fj trade to, whofe Commerce" here ir fo greatly augmented imcethe
Peace oWtrccht, that inftead of thirty-three Ships under thofc Colours that in
1712 were on the Coafl of Guinea ; it was dcmonitrated to the Commiffioners of
Trade, that in 1725 there were above two hundred Sail, to the great Advantage of
Navigation and our American Colonies.
Our Author recounts the Ruin of the Kingdom of JVhidaw, fFida or JudaJ
of which Siilicc is the Capital, fituated about feven Miles from the Sea j and here
the King had granted to the Europeans commodious Houfes for their Fadories,
protecting both their Goods and Pcrfons. The Port was open and free to all
European Nations, who came here to purchafe Slaves j and this Trade was fo
confiderable, that the Engltfu, French, Dutch, and Portuguefe exported above
twenty thoufand yearly from this Kingdom and its Neighbourhood j but the
Liberties which the Natives enjoyed of having many Women, and their aban-
doning themfelves to Luxury and Pleafure, fo effeminated them, that although
they could brinj^ above an hundred thoufand Men in the Field, their Cowardice
was fo great as to fuffer two hundred Enemies to drive them from their Capital,
and to fee uninterruptedly thei.- whole Country deflroyed by a Nation, which
they had formerly dcfpifed.
Of Congo.
VX",.
'Tp H E Portuguefe, who difcovcred this K ingdom in 1 484, and fettled here in 1 49 1,
■*■ are the only Europeans that trade here; all other Nations only (topping for Re-
freflimeiits which they purchafe of the Blacks, in Exchange for finaJl Looking-
Glatles, Beads, &c. The principal Settlement of the Portuguefe is at Loanda, the
Refidence of the Vice-Roy, and, as may be faid, the Capital of what the Whites
poflefs in this Kingdom i the Port is vafHy large, and the Anchorage fecurc,
and tills the Place where all the Ships arrive and fail from, either for Europe or
the Brazils.
The Slave Trade is the mofl important one that the Portuguefe have at Congo,
and the Number, which they fend yearly to the Support of Khc'ir American^o\onKs,
is furprizinglv great ; a:id what renders this Bufincfs flill more advantageous and
conf'derablc, is the fliort Cut from hence to the Brazils, compared with what all
other Nations have to run, vvlicn carrying thefe unhappy Wretches to their Plan-
tations ; as the Portuguefe fcldom exceed a Month or five Weeks in their Paflage,
and confequcntly in this fhort Time are not cxpofed to fuch a Lois by Mortality
among their Slav es, as others arc, who have a much longer Voyage to make, which
frtqucntl) occafions Diftempers that fuinetimes carry off thegreatefl Part of them.
It is (liffi( nit to afcertain the Number of Slaves, which the Portuguefe reliding at
Loandti, Cokmho, St. Salvador, and all other Places in this Part oi Africk, have in
Property. Tliofe who arc leal! rich, having fifty, an hundred, or two hundred be-
longing to tlieiii, and many of the mofl lonliderablc, poflefs at lead three thoufand j
a re-
s' 'Jt
O/ A F R 1 C K, ^c.
religious SoL!°ty at Loanda, have of their own tweh'c thoufand of all Nations,
which being Bi.ckfmiths, Joiners, Turners,.Stone-Cutters, ^c. do almoft all bring
their Mafters in from four to five hundred Rcis per Day Gain, which they pro-
cure by woriting for the Publick.
Bcfides the Blaciis, Congo produces Ivory, Wax, Honey and Civet, and has in it
fome Mines of Iron and Copper, though of thefe no great Quantity is extradted.
St. Salvador is properly the Rendezvous of all the Portugue/'e Merchants ; where
they bring Gold and Silver Stuffs, Velvets, Englijh Cloth, Gold Lace, bkck Ratine,
fmall Englijh Carpets, Copper Bafons, blue Curthen Pitchers, Hats, Rings, Coral,
Fire -Arms, and Shells called here Zimlji, or Zinibis (as before obferved) which
fervc for a fmall Money ; befides all which, Brandy and Wine find here a current
and good Diipatch.
731
'■ ." ')'
'!l|»1
Of Angola.
jfNG 01. A is of all the African Coafts that which furniflics the Europeans with
-*^ thebcil Negroes, andtonimonly in the greateft Quantities, although it fcarcely
extends twenty-five to thirty Leagues along the Sea-Shore ; it is true this King-
dom widens confiderably within Land, being at leaft an hundred and fifty Leagues
in Length and as much in Breadth, whofe Capital is Loando St. Paolo.
Although the Portugucfe arc extremely powerful, in the interior Part of the
Kin'^domj and that the Majority of the Negroes in the Provinces they have fub-
ducu, may properly be termed the Val&ls of his moft faithful Majefty, to whom
they yearly pay a Tribute of Slaves, yet the Negroe Trade, which is tranfadled
on the Coaft, nas always remained free to the other Nations of Europe ; and the
EngliJJ}, French, and Dutch fend yearly a great Number of Veflels, who carry off
many thoufands of thelu poor unhappy Creatures, for the Supply of their American
Settlements, or for Sale in thofe of the Spaniards.
The Portuguefc are however thofe, which deal the moft here ; and it is afto-
nifhing that they have not before now depopulated the Country, there being hardly
any Year, that they do not fliip off fifteen thoufand for Brazil. The Villages of
Cambambe, Embaco, and Majingomo, are thofe which furnilh moft Slaves to the
Vortuguefe Merchants concerned in this Traffick.
And the Merchandize with which they pay for them, are Cloth with great Liftsj
Crimfon Silk Stuffs ; Linens j Velvets ; Gold and Silver Lace j black Serges j
Turkey Carpets ; white and coloured Threads ; fewing Silks ; Canary Wine ;
Brandy; Olive Oil; Sailors Knivf s ; Spices; refined Sugar; great Hooks j
Pins three Inches long, and others of various Sizes ; Needles, ^c.
The Portugufc have alfo a Settlement at Binguela, a fmall Kingdom dependant
on that of Angola, where they carry on fome Trade ; but this Place is unwhol-
fome, and fitter for the Abode of Criminals baniftied by the Tribunal at Lijbon,
than for the Refidencc of Perfons excrcifing Trade.
Of Loango, Malimbo, and Cabindo.
THE Negro Trade that is carried on in thcfe three Places of the Angolian Coaft,
is not one of the leaft confiderable, that the Englijh and Dutch are con-
cerned in, on the Shores of this Part of Africa, whether for the Number, Good-
nefs, or Strength of the Slaves, for which the Europeans prefer them to all others ;
and the Inhabitants of the yfw^r/Vtf.'z Colonies, always give for them a higher Price,
as more able to fuftain the Labour and Fatigues of the Culture and Manufadluring
Sugar, Tobacco, Indigo, and other painful Works, in which it is cuftomary to
employ thefe mifeiable Perlbns.
The Merchandize proper for thefe Parts is the fame as has been already men-
tioned, fo I fliall only add a Remark made by the Judicious in this Conunerce ; that
as foon as the Biifinefs is concluded, and the Slaves aboard, not a Moment fhould
be loft in getting to Sea, for fear that the unhappy Captives (hoiild grieve at the
Sight of their Country, from which they are now baniflicd.
0/
I
III <i
732.
Of the General Trade of the WORLD.
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'SA'
Of the Trade of the African Coa lis from the Cape o/"Good Hope, to the Entrance
' of the Red Sea.
THE Pcriiigur/e dillovered the Cape of Good Hope in 1493, ^^^ ^^^V *■«-
mained undctcnnined to fettle here, either tiirough a \Vant of Courage or
Dcfcdt of Prudence, or by a Refledtion on the Cruelty with which they treated
the ^Qox Hottentots, in Revenge of their being at firft not well received by iheni.
It dot; yjt appear that from that Time the Europeans made any Dclcent tnere till
1600, when the Ships of the Dutch Eajl Company began to touch here, though
they did not at firll con-iprehend all the Advantage they might draw from an
Ellablifhme.-t in this Country, and therefore contented themfelvcs for fome Years,
to anchor here, going ;iiul conung, only to buy frefh Provilions ; and in order to
fecure thefe from any Infult till re-emharking, they built a fmall Fort upon the
Harbour, whofe Ruins were difccrnable not long ago. But on the Company's
Ships flopping here as uUial in 16^0, one Mr. Van Rcihecck, then a Surgeon,
foon perceived by the Situation and CJoodnefs of the Country of what Advantage
the Ertablilhment of a Fadtory here would be to the Company's Trade, and on
his Return to Holland, he communicated his Thoughts to the Directors, who
fo far approved of them, as to refolve on attempting the Thing without Lofs of
Time ; and accordingly they charged him with the Care of the Expedition,
and gave him four large Ships with all Materials, Inflruments, Workmen, Gff.
jiecelfary for the Undertaking : They made him Admiral of this little Fleet, and
Governor of the Cape, with full Power on Arrival to treat with the Natives,
and to regulate every thing that he Hiould judge would be conducive to the
Ellablilhment of the intended Colony, on a fecure and huling Foundation. Fan
R'ubeeck had all the Succefs that he could pofllbly defire in this Enterprize ; as
he knew fo well how to ingratiate himlclf with the Hottentots, by the Prefents
he made them of fome Hardware, he prefently concluied a Treaty with them,
by which they granted the Dutch full Liberty to feti i'; m their Country, ?.nd to
trade with them as they fliould think proper, on Payment of fifty Guilders, in
the fame Sort of Merchandize as their Prefents were. This Treaty was iirrae-
diately executed with ''undluality on both Parties, and from that lime the hdu:
Company have cnjjyea an uninterrupted Settlement, and nothing is negleded to
render it as beneficial as poflible.
When I fay their Ellablirtiment has been without Interruption, 1 mean fti re,
the contraiting I'arties ; for as foon as the Dutch begun to cub.ivate their i^ w
purchafcd Lands, and to build Houfes and Forts, the Gunjcrmans [w'. ich pre a
Nation at the Cape nearell the Sea) oppofed I'u fives to this ElT.abliihi.ient, and
called in all the neighbouring Nations to their A'' !'. nee- f^nt the jD«/fZ» defended
themfelvcs lb well, that their Enemies were ob);g«;. :• k ^--uid Peace, which
was granted them on the following Co-'^'tions, viz. The !V il Agreement was
not only confirmed, but it was farther lui.iulated ti; >> U' .[:■. t^ands, which the
Natives did not then actually occupy, lliould thence-forward belong to the Ho/-
landers, with this Claufe only, that the Natives might fettle wherever they pleai-
cd, provided it was in Places that the Dutch left uncidtivated. An Alliance of-
fenfive and dcfenfive was at the fame Time concluded, which though not fet down
in writing (the Hottentots not underltanding the Ufe of Letters) has been hither-
to religioudy obferved. liy this Treaty the Dutch are in a manner become the
Mailers of ail this Country ; and tlic Chiefs of the Nations frequently come to
renew the Alliance with the Governor, and to bring him Prefents of Cattle, when
tliey are alwa)S well received, and their (Jifts returned in Tob.icco, Brandy, Co-
ral, arul other Things they are known to be fond of.
It has coll the Company im'menfe Sums to put this Eftabliiliment or\ the foot-
'■ \\X it at prcfcnt ib ; Mr. A'./Aw computes the Expence of the firfl twenty Years
to liavt b'^wii at Icall a Million of Guilders per yhmuui, and that during tlic Time
he was tl-.oic, it ,v, 3 ditlicult to raife enough to defray Charges. The Reve-
nues ccr.iift in the Titiies of all the Lands which the E.urjpcani poflels at the
Ctf/i, CiOTud Penti, Cufloms on al' foreign Wines, and thofe of their own
C».n-'>Ii, yn "■ nicco, Mecr, Bruid^^ and other dilliUcd Liquors, as well as on
the
1
0/ A F R I C K.
f!
the Piofiis made by Trade, which the aforeCaid Mr. Koll/en reckons annually
amounts to 225,000 Guilders. But as the Colony has always gone increafing,,
and I'rclh Lands continually been grubbing up, this Ellablirtunent inuft becoine
very beneficial in Time.
The Territories which the Dutch poflcfs are divided into four Diflridts or Co-
lonic, of which the firft is called the Cape, becaufe it is the nearell tc the Sea,
and the City and Fort of Good Hope, are built here.
The lecond Colony is that of Utt'llenbofch, io called from Slcl, the Name of
a Governor (Simon l^andcr StclJ under whom this Ellablifhmcnt was made, and
Bolcb, whicli, in Dutch fignifies a Wood, becaufe the Country was entirely co-
vered with it, or over-run with Weeds, when the Dutch took PofTellion ; this
Colony is feparated from the firll by Sands of a great Extent, and divided into
four Parts, of which the two principal ones arc, that which ftill retains the Name
oi Stellcnhfch, and that called Hottiiitot Holland, not becaufe it refembles the
Province ol" 'hlland, which is much lefs, and very differently iituated, but be-
caufe it appeared to tlic nril: Settlers, to be the fitteH for the Cattle appertaining
to ilie Indui Con.paiiy.
Dralwnju.u is the Name of the third Colony, which was begun fettling in
1675 ; a great Number of French Proteftants, having a little before fled for Re-
luge to Holland, the Company, by Recommendation of the States General, fent
jiany with their Families to this Country, with Orders to the Governor to give
them Lands, and all Neccffaries for their Culture ; it is thefe or their Defcen-
dants, which at this Time compofe the greateft Part of the Inhabitants of Dra~
kenjidn j and although they have omitted nothing that might render this Settle-
ment flourifhing, and herein have been aflifted by the Soil, which in general is
very good, yet few have obtained a Sufficiency to make themfelves eafy, but ge-
nerally fpeakingare poor, living from Hand to Mouth, and in Hutts like the Hot-
tentots. This feems furprizing, but our Author attributes it to the little Support
afforded them, as there was Room to have expeiSed more.
The Country is mountainous andftony, yet neverthelcfs very fertile, producing
almoil every Thing growing in the other Colonies ; the Honey Mountains are here
among others fo called from the great Quantity of that fweet Liquid, which
a Meridian Sun forces in Drops from the Clifts of the Rock, and which the Hot-
tentots acquire at the Peril of their Lives. The Governor P'ander Stel gave this
Colony the Name it bears, in Honour to Monfieur Baron Van Rbeede Lord of
Drakenjlein in Guilder land, who in 1685 was fent by the India Company, in
Quality of Commilfary General, to examine the State of all their Fadtorici and
Plantations, and to rcdrefs as he fhould think proper the Abufes crept in there.
The laft an.! youngeft Colony of the Capei; ;hat oi fVaveren,v/h\c\\ received this
-Jame from William Vanderjiel, in Honour ol the Family of Van Waveren oi Am-
jterdam, to which he was allied. It was before called the Red Sand, on Account
of a Mountain which feparates it from the Colony of Drakenjlein, on the Top jf
which, and about it, is found a great Quantity of this red Sand. The Country is
naturally very fertile, but little cultivated, as the Inhabitants poflefs nothing here
in Property, but arc obliged to renew their Leafes every fix Months with the
Governor.
There is not a Country in the World, according to Mr. KoI'mh, that feeds fo
great a Quantity of large and fmall Cattle, as the Cape of Good Hope, where they
are cheaper, and their Flelh better ; an Ox commonly weighs here between five
and fix hundred Pounds, which is given for a Pound of Tobacco 5 and a Sheep's
Tail weighs from rifteen to twenty, and fometimes thirty Pounds.
As lazy as the Hottentots naturally are, they do not however negleft an Ap-
plication to the Mechanick Arts, and they are .even fo expert, that it is incon-
ceivable how they fliould be accufcd of being a People the moft ignorant and
ftupid in the World : They liave Furriers and Tanners by Profeflion among them,
who underftand preparing the Skins with which they cover themfelves, and the
Hides that they employ in diverfe Ufes, almoft as well as the Europeans; Arti-
ficers in Ivory, who, without any other Inftrument than a Knife, work in it with
as much Propriety and Delicacy as the beft Turners ; Matt-makers, Rope-makers,
who have the Art to make Cords with fmall Ruflies, that are as Itrong and du-
c^ A rablc
733
%i
F' I
u
m ' >
fir
ht
ir "':■;'
734 Of the General Trad:', i/ /^^ WORLD.
rable as Hempen ohcs ; and tilackliniths, who very well underAand to caft Iron,
andgivcitall Sorts of Forms, only with Mints, although they hardly ever make
any other Ufe of it, than to arm their Sticks, Arrows, Javelins, and other fimi-
lar Inftruments. Thefe Blatkfmiths work alfo in Copper, though but a little ; for
all their Performances herein are reduced to Ibme 1 oys, with which the Men and
Women adorn themfelves j and they are ail in general Potters, every Family mak-
ing their own Vcflcls, for which they ufe the Earth of an Ant Hill, which they
carefully cleanfe, and afterwards knead with Ant Eggs, which make an admir-
able Cement, and gives to the Matter a jet Black, that it never lofes. It is here-
by feen, that they neither want Invention nor Dexterity, and that if they were
lefs flothful, they would in the Mechanick Arts foon equal all the other
Afrkam *.
CySofala and Monomotapa.
THE Kingdom of Sofala is rich in Gold Mines and Ivory, and thefe two
precious Commodities attrad Foreigners, and maintain Commerce. 1 he A-
rabians are fuppofed by fomc, and the Fleets of Solomon and Hiram King of Tyre
by others, to have been the rirll Traders ta thele Parts ; but as I have treated
largely of this Conteft in my Hiflorical Introduction, I beg leave to refer my Rea-
der thereto, for any further Information.
The Portuguefe fettled here towards the End of the fifteenth Century, and in
1500 even obtained Permiflion to build a Fort pretty near the Capital, for the
Habitation of their Fadlors, carrying on their chief Trade herein, for which it
%\'as commodioufly fituatcf* on the jama's Shore, vrhere they had their Ware-
lioufc for European Merchandize, lent them from Mofambique.
The lirhtft Mines of the Kingdom are thote oi Sofala, from which there is
yearly extracted (if the Nijrocs -nay be ci edited) more than two Millions o( Me-
riguls, v/hich at fourteen Livres Tournois (as Mr. Savar "omputcs them) make
twenty-eight Millions of Livres: Thele Riches arc divided between the Portu-
guefe (who are the only European<: that trade to this Kingdom) the Arabians,
(more cfpevially thofe of Ziden and Mecca ) and the Mahomttans of ^illoa, Man-
hifi; and Mc'-iua. Thefe latter come in fmall Barks, which they call Zam-
tvtis, and bring Hue and white Cottons, Silks, Amb . rcafc and Succinum, or
yellow and red Amber \.; ioufly carved.
The Commerce of th.'^ Arabians ma) import above 140,000/. Sterling per
Annum, in the exchanging divcrfe ^orts. of Goods that they bring from the Eajl
indies, and the RedScA, againfl Gold and Ivory.
In regard of the Porfvgiui/e Tnnie, ''t is carried on by thofe of this Nation
fettled at Mofamliique, who fend here the Produds of Europe, proper for this
Market, on which they m xt- fo vart a Profit, that only the Governor's Rights
amounts yearly to between .. o and 70,000 .'. Sterling, extm of the Portuguefe
Troops Pay, which < omes out of this Trul^, and bcfidw ths; Tribute that is an-
nually fent to the King of Portugal, which is very confiderable.
The Imalleft Share of tb''fe Merchandizes are, however, confumed in this King-
dom, the rcftpaffes to Monomotapa, where the So-j/ois truck them jh;;u nil Gold,
which is given them unwcighed ; (thele People never ufing Scales) and making,
as one rr ay fay, an arbitrary Traffick, dependant on the Caprice of the Buyer
and Seller.
The K.i^gdom of^ Monomotapa being withtn Land, and none of its Provinces
near tlie Sea, Strangers, and more elpeciaily the Europeans, carry on no direifl
Trade with it j it is true, the Portuguefe have fome Settlements here, but Reli-
gion has been a greater Motive to their Origin than Trade j fo that all the Gold,
Ivory, and Oftridge Feathers (which arc the princ.pal Commodities that this vaft
Tra<ft ot AJrici fmpi(hes to Commerce) puk, as before objerved, through the
Hands of the Sofahis. The Gold of Monomotapa \z ot two Sort., the one from
the Mines, and the other found in the Gravel of the Rivers ; and from both
the Q.uantify coUefted annually is lo great, and the Merchants oi Sofala have fo
rich a Buiiuefs here in truck for AJian and European Ucjds, (which come from
the
• Ktlben'i prcfcnt Suw of the Cape of Gnd Htpi.
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if."-";
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0/ A F R I C K, ^c, 735
the Arabians and Portuguefej that thefc latter commonly call the Prince to whom
Monomotapa is fubjcft, the Golden Emperor.
Of Molambique.
TH E Portuguefe are the only Eurcpeans, who have any Eftahlirtiments, or
carry on ^ny Trade in the Kingdom of Mofambique ; the Arabians, how-
ever, Uiarc with them, although the former ufe all pofTible Means to hinder
their Progn-is, and fecurc it entirely to themtt;Ives. Tne Portuguefe Habitations
along the Coaft are confiderable, and all defended by good Fortifications, or at
Icaft, by ftrong Iloufes, wliich fervc for Magazines and a Security againft the Na-
tives, who are equally perfidious and laay ; but tlic Center of their Commerce
in thefe Parts, is the Illc o'l Mofambique, about two Miles from the Continent,
in which they have a commodious Town, well fortified, which is the common
Rcfidencc of the Governor General, a'.id of the richefl: Merchants.
This Ifle and its Por;, are to the Portuguefi' India Shipping, what Madagafcar
was formerly to the Freta/.', and what St. Heiena and the Cape of Good Hope arc
at prefent to the Englijh and Dutch, viz. - Place for depofiting Goods, and af-
fording Refrefhments.
The Dutch twice attempted to make themfclvcs Maftcrs of the Commerce of
Mofambique, in the Beginning of tlic fcventeenth Century j the firft in 1 604, and
the fecond in 1607 ; but the Portuguefe, then united with the Spaniards, made
fo brave a Defence, that the Dutch f"lects were obliged to retire half ruined,
tho' with a rich Booty that they found in fcveral Portuguefe Caracks which they
took.
The Trade carried on here confifts in Gold and Silver, Ebony, (of which their
Forcils are full) Ivory (found here in greater Abundance than in any Part of
Africk) in Slaves taken in War, Matts, and all Sorts of Refrcrtiments ; and the
Merchandize given in Exchange, are Wine, Oil, Silk, Woollen and Cotton Stuffs,
Coral, wrought and unwrought.
When the European Goods arrive at Mofambique in the Portuguefe Ships, . icy
are taxed at a certain Price by the King's Faftor, who afterwards fends tht. . t /
Chilimani, at the Mouth of the Senna, from whence they go up the River in fmall
Barks, to a little Portuguefe Town feated at the Height of the Senna, where the
Caffres and Blacks come from the Inland Kingdoms and Provinces of Africk,
fometimes at three or four Months Travel Diftance, to buy or take on Credit
the Portuguefe Goods, for a Quantity of Gold agreed on, and which they never
fail to bring faithfully.
This Traffick generally yields Cent, per Cent, and is properly the Chili and
Peru of the Portuguefe ; Gold being fo common here, that at a Month's Journey
from the Coaft, the tJtenfils of the Houfe and Kitchen are cuftomarily made of it.
O/'Mclinda.
TH E Commerce of this Coaft, which is the laft Kingdom from the Cape of
Good Hope, to the Entrance of the Red Sea, where the European Ships an-
chor to trade, is almoft entirely in the Hands of the Portuguefe, who have a
great Settlement in the Ca 'al, and have even had the Credit of buildfng feven-
teen Churches here, althoL^l the King is a Mahometan. The Natives, however,
carry on fome Trade with their own Vcirds, in the Red Sea, and with them fre-
quent the beft Ports in Arabia.
They are alio fometimes feen in the Indian Sea, particularly at Cambaya, a
Maritime Town in the Territories of the Great Mogui ; but with all t lis, and
though the Indians ami Arabians Ibmctimes bring their Goods to Melinda, it is
properly by the Hands ut the Partugucfe that all this Trade is tranfaifled, which
IS but little lets confiderable than that • f Mofiimbiquc.
The Gold brought from Sef'nJa, the Ivory, Copper, Quickfilver, all Sorts of
Silks and Cottons of Europe and the Indies, various painted Lincn^, elpecially Cam-
i bayan
t
".l*/^!*"*-**?— «'V?E--i-
736 Of the General Trade of the WORLD.
bayan Handkerchiefs, Spicery, Rice, and other Legumes and Fruits, are the
principal Commodities brought to MclinJu.
^■l^ps'
K%''
w ■
Kti '
K
Pf^
r"
O/'Abifl'inia, er //le- Empire o/Preftcr John.
j4BISS1NIA, better known to the ancient Geographcrf; under the Name
•^^ of the Upper Ethiopia, produces all Sorts of Commodities proper for the
Support of a ccnfiderabic Trade, either at home or abroad, if the natural Sloth of
its Inhabitants did not hinder their benefiting thcmfelves by the(e Advantages.
Many Authors who have endeavoured to dill over and fix the Situation of the
celebrated Opbir, have thought to find it in the vail and rich Eflatesof this fa-
mous Empire J though I think Dr. Gara'n 1ms julHy placed it clfcwiierc, as may
be feen in the Hiftorical Introdudtion ; howc\<rit is certain, that AV/i/o/w is of
a very great Extent, and would be one of the wealthicll Empires in the World,
if the People knew how to profit thcmfelves ly the Treafurcs, tliat are hid in
the Bowels of their Earth.
This Empire is compcfed of many Kingdoms, as that of Tigre (tlivided into
twcn -four Provinces) Abijjinia, and Ajan dependant on it. The Portugucfi, after
they had taken the Ifiand and City of OrniUi \\\ the Pcrjian Gulf, Altijiute on
the Coall oi Arabia Felix, and the Hie of Zo< Jorii, at the Entrance of the Ara-
bian Gulf; foon opened a Paffagc to Ethiopia, and ertablifhed a confiderable Com-
merce there, and where they afterwards tranlported many Families of their Coun-
trymen to form tliere a Sort of Colony : Tiie new Guelts, becoming lulpedted by
the AbiJJines, were drove out, and all Trade forbidden with them. After this
Expullion, the Emperors of Ethiopia would not lUffer their Subjects to have too
ftridt a Correfpondence with the European Nations, much lefs to permit any of
thefe Nations to fettle in the Country-, under the Pretence of trading.
Gold, Silver, Copper, and Iion, are the Metals this vail Region o( Africk
produce; and other Commodities, are Cardamoms, Ginger, Aloes, Myrrh, Caflia,
Civet, Ebony, Ivory, Wax, Honey, Cotton, and Linens madeof it of various Co-
lours; and I might add. Sugar, Henyp, Flax, and excellent Wine, if thefe
People (Demi-Barbarians) had the Art to prepare and boil the Canes Juice, to
cultivate the Vines, and prefs the Grapes, and to fpin and weave their Hemp
and Flax, as all thefe Things grow with them in Abundance, and of as good
Qualities, 4s in any other Part of the World.
Of the Trade of tlje hfncAn IjJands.
THE principal Iflands, which Geographers attribute to Africk are, Madagafcar,
the Terceras or Azores, Madera, the Canaries, Cape de P'erd Ifles, Ht. Tho-
mas, St. Helena, Zocotora, and Malta ; this laft in the Mediterranean, and the reft
in the Ocean.
All thefe Iflands are either pofltffed or frequented by the Europeans, who carry
on a confiderable Trade with them ; that of Madagafcar might be, as well for
the Abundance of its rich Products, as for its happv Situation in the Route to
India, one of the moft famous Ifles for Trade in the liniverle, if the Ferocity of
its Inhabitants, a'^d the Intemperance of the Air and Sun, in the Places where
the Europeans were at firft fettled, had not dili:ouraged their Continuance. It is
fituated over-againft and along that Part of the Continent of Africk, which the
Kingdoms of Sofala, Mofambique and Melinda compofc, from whence it is diftant
inlbme Places a hundred, and in others but feventyor fewer Leagues.
The European Commodities fit for the Trade of this Ifle, are painted Linens,
Silver, Copper and Pewter, Rings and Bracelets, a Quantity of fmall Mercery and
hard Ware, feveral Sorts of Glal's Beads particularly blue, red, white, green, yel-
low, and Orange Colour, Brandy, Upanfjh and French Wine, Cornelians long and
Olive Ihaped, red and white, large Brals Wire, and fmall Chains of ditto, Naik
gf all Sizes, and diverfe Tools, both for the Smith and Joyner, as weU as Locks,
Hinges, Gff. 2
The
0/ A F R I C K,
The Goods to be had there in Exchanige, confift in fcvcrnl Sorts of Gum,
fuch as Gutti Tacamahaca, various Species orDragons Blood, &l\ diftcrcnt Woods,
Wax, raw Hides, Sugar, Tobacco, Pepper, Cotton, Indigo, Ambcrgrcafe, Incenfc,
Benzoin, Pahna Chrifli Oil, green Balm ibr Wounds, Siiitpetrc, Brimftone, whito
Cinnamon, Civet, Rock Cryftal, Blood Stone, Touch Stone, Terra Sigillata, ievc*
ral Boles, Matts of Ruflies, and Flax, and even of Silk ; but the Culture and Search
after thcfc Things being negledcd by the Natives, and tiic Europeans who arc
eflablidicd among them, not having been n-'orc induftrious, they have not been
benefited by tlicfc Riches, which fomc Pains and a little Time would eafily have
fccured to them.
Some alfo count Gold, Silver, and precious Stones among the natviral Produds
of this Ifle ; but that any of thefe Metals are found here, is very uncertain, and
all the precious Stones are very imperfcd.
1
737
'ri
Of the Azores, Madera, Cape de Vcrd tjles, and St. Thomas.
A Sail thefe Ifles appertain to the Crown of Portugal, I have judged it beft,
^*- not to feparatc them in relating the Trade carried on to them.
The Azores (called alfo the Teneras, from the principal of them) are nine In
Number, viz. I'hres, Cuervo, h\iyal, Pico, St. George, iiratiofa, Hf. Mary's, St.
Michael a.nd^T'ercera. Thefe Iflcs, lying between the two Continents oi Ew
rope and Africk, oppofite to the Coalls of Portugal, were difcovered in 1439,
or 1449, by the Portuguefe, uninhabited ; and deeming them fit for Culture, they
immediately fettled Colonies on them, and their commodious Situation in the \' ly
to the Indiei and Brazil did not a little contribute to the fpeedy peopling them,
and ellablifliing a confiderable Commerce, efpccially at Tercera, which is the Go-
vernor's Refidence, and a Bifhoprick.
The City oi Acra is the fole Port in this Ifle (inaccelTible in all other Parts)
'vhere all the European Ships anchor, and where the Products not only of this,
but of all the other Iflands are brought, though, however, the Ships often touch
at the other Ifles, to purchafe Goods at firlt Hand, or to take Refrefliments.
Wheat, Wine, Woad, Potatoes, and Hides arc the principal Commodities they
afford ; but it is on the Woad, that the Inhabitants of Tercera found their chief
Bufinefs ; there is notwithftanding a large Quantity of frcfli Oranges and Lemons
exported from thefe Ifles, and a llill greater preferved, with feveral other Species
of Sweetmeats, of which thofe at Fayalare efteemed the beft, and the Dutch yearly
load feveral Ships with thefe Commodities.
The Imports there from Portugal, are all Sorts of Mercery, Linens, Stuffs,
Fullians, Silk Stockings, Rice, and Paper, with fome Oil and Salt ; and the In-
habitants likewife purchafe confiderable Parcels of Canary and Madera Wine,
their own being weak and infufficient for their Confumption ; tlie Woollens ufed
formerly to be carried all from Europe, but within thefe fifty Years, there are fe-
veral Fabricks fet up in the l^coi St. Michael, iov Cloths, Druggets, Camblets,
Serges, and Hats, befides fomc Silk Stuffs, in Imitation c f thofe made at Lycwi
and Tours, which has fometimcs nearly fufficed for the Iflund's Supply ; and the
flourifhing Condition they were in in 1 7 1 7, induced fome People to think, that
this Colony, contrary to what has been experienced in all others, would foon fup-
ply its Mother Country with the Commodities this had till then raceived from it.
But as the Fabricators were frequently in want of Wool and Silk to keep their
Looms going, it muft certainly be a Damp to them, and gave the French Hopes
of retrieving a Trade they formerly carried on by the Way of I^ijbon, to their no
fmall Advantage.
The Returns made to Lijbon, befides thofe of thefe Iflands Growth, are Gold
Coin from Brazil, and the other Produdts of that Part oi America, fuch as White,
and Mufcovado Sugars, Jacaranda and other Woods, Cacao, &c.
The Engli/?:> now carry on the greateft Trade to the Ifland of Tirct-rtf of any
Nation, where they load the ;aforementioned Goods, in return for Woollens, Iron,
Herrings, Pilchards, Butter, Cheefc, and Salt Meat.
9 K Madera,
t <l
f./ , ■*■■ .
■-•■■ 'A'
738 Of the General Trade 0/ Mt- WORLD.
Mtttlera, fimated on the Coaft of yi/'rui, to the Southvv.iiJ of the Canarns,
among the Number of which the Pilots generally phiic it, aiiil I'roin whith it
is only di(tant about fixty Leneues, was ilircovrnii by the Portugiufc in 141Q,
or 1420, to be an impenetrable Forert ; fo that before they could • ttle here,
1 and cultivate it, they were obliged to fct I'irc to it, though this lixpcJient had
like to have coft thofc who coinpofcd this Infant Colony their Lives, by the
exceflive Heat in their Barks where they retired, and continued wliilft tlie Wood
was burning ; but having afterwards cffc<?^ed their Settlement, the Illand is be-
come one of the moil fertile and populous of any iu the Ocean ; and produces
Plenty of Corn, Wine, Su2;ar, Ciunis, Honey, Wax, Hide , all Sorts of Fruit,
frefh, dry and candied, efpecially Citrons, Lemons, and Pon\cgranates, Yew and
Cedar Plank, Gff. and its Imports are fuch of the European Goods, ab have been
before-mentioned for the other Illands.
The Cape de Vcrd Iflcs, difcovered by the Purlugu.fc in 1472 (fome fay in i ^72)
arc to the Number often, .SV. Jago, S/. Antonio, St. Lucia, St. I'iiucnt, St. Ni-
cholns, the fVbite Ifle, the lilc oi Salt, Mayo, Fnr^c, and Buina yijta. They arc
often called the Green Illands, from the continual \'erdure that covers them, and
fomctimes the Salt Illands, on account of the (^aiitity made of this Commodity,
not only on the Klc bearing that Name, but on fome of the other.v ; St. Jago is
the Capital and Refidcnce of the Ciovernnr, who is a Sort of u Vice-Roy, and
commands all that the King of Portugal poifelTeb in Afiiik, from (|tipe rerJ to
the C ape of Good Hope.
The European Nations, which trade to the Eajl- Indies and Afriek, commonly
touch at thcfe Iflands for Rcfrefhmcnts, calling at St. Jago in 'i'imc of Peace,
and contenting thcmfelves to water, (^c. at Ma^o, St. Antonio, St. Fincent, or
the Iflc of Salt, when at War ; the few /'or^«_g^«M- lettlcd in thele latter receiving
and dealing with them, at all Times willingly, though indeed they are in no Con-
dition to oppofe their Dcfcent, if their Inclinations led them to it. Thcfe Illojuls
were mcer Dcferts when the Portuguefe firft began their Settlements, though
they now produce in Abundance many Commodities fit to fu{>port a confiderable
Trade, but more efpecially Raw Hidos of Kids, Goats, wild Cows, Gfr. Cattle
are fo plenty, that feveral Ships are employed in carrying them to Brazil ; and
the annual laltingof Filh caught near Cape Verd, keeps many Sailors at Work, as it
does alfo Veffels afterwards, for its Tranfportation to the Bay of All Saints, or
fernambouc. The Ifles of St. Vincent and St. Antonia, in particular, carry on a
very lucrative Trade in the Oil they extraft from Tortoife that come afliorc in
certain Times of the Year, as well as in Ox Hides, which they drcis in the fame
Manner with them in Spain and Portugal.
In fine, the Rice, Honey, Turkey Wheat, Orange?, Lemons, Pine-Apples,
and feveral other delicious Fruits ; as alfo the great Quantities of tame and wild
Fowl, found here, not only fervc for the Food and Regales of the Inhabitants of
thefe Ifles, but alfo for the Traffick which they have with Strang-.'rs, who come
here to water, or to trade.
The Ifle of 5/. Thomas, (which the Negroes of the Coaft call the Iflc of Pon-
casj took its new Name from being difcovered on that Saint's Day, the 21ft
of December, 1465, in feeking to difcovcr a Way to the Eajl-Indies and the King
of Portugal fent People there in 1467.
Its Capital is called St. Thomas ; and although it is fituated under the Line, and
that the Heats are exceffive, the Portugiuje have raifed here one of the nioft flou-
rifhing Colonies they have in ,/^/fi ; and its Stuation a[)peared lb commodious
to the Dutch, for the Trade of Angola, and its neighbouring Coafts, that they
took it twice, viz. in 1610 and 1641, though they could not keep it; and the
Portuguefe in a (hort Time repaired the almoft ineflimable Damage, which
their Enemies did thee on abandoning it. The Portuguefe were the firft who in-
habited and cultivated it, though at prefent the Negroes are by far the greateft
Number, and it is fuppofed might eafily feize it, if their natural Sloth and Cow-
ardice, joined to their Aptitude for Slavery, did not render them uncapable of
fuch an Enterprize.
W-
Sugar
JJT-
0/ A F R I C K,
c.
739
Siii^ar Cuncs and (Jingcr grow here, .i» well as at any Place in the World,
and make tlie principal inland Trade of tlie Iflc ; the I'ortugue/i cultivate thciii
with extreme great Cure, nui notwithAaiiding the encellive Meats of Sky and
Sun, they arc leldom deceived (i\ their iLxpedlations, as the Crop both ot the one
anil the other is getting in every Month of the Year. Of brown Sugar hero 2*
tomnionly made from fix »o fevcn hundred Ciiargcs, of which there is yearly
carried out of the Iflc near a hundred thouCand Roves (of thirty-two Pounds Pot'
fuj(ui/c eacii) which is fcnt to Portii^a/, wrapt up in its Leaves.
'I'lie other Produdh and Manutaillures of the Kle, are divcrfc Cottod Stuffs,
proper for the Negro Trade on the Coaft, Fruits, and particularly that called
Co/ii, which is a Nut, in Tade like a Chefnut, and whicli is trucked with great
Advantage at Loandti, St. Ptio/j, and other Places in the Kingdom ot Angola
and Ccngr, trom whence they are tranl'ported to a much greater Diftance. The
Leg'imen of all .V)rts arrive here to great Perfedion : /Www Wheat, Millet, Ma-
nioc (of whole Roots the CalVave is made) Melons, Potatoes, Figs, Hananas,
Dates, Cacaos, Oranges and Lemons grow here in Abundance ; the bhcep and
Kids are excellent, but the Beef is fnuller and not near fo fat as in Europe.
The Eurohi-.in Commodities, which the Portugtiejl- carry to St. Thomas, arc
Linens from Uolland and Rouen, or others limilar in (^dity, Thread of all Co-
lours, thin Serges, Silk Stockings, Z.ij(/'« Ca'^Mets, Nijines Serges, Hatchets, Bills,
Salt, Olive Oil, Copper Plates and Kettles, P.ich and Tar, Cordage, Sugar Moulds,
Braiuiy, and all Sorts of diflilled Liquors, Canary Wine, Olives, Capers, fine
Flour, Butter, andChecfe.
Bclides the great Iflc I have now fpokc of, (umc Pilots give the Name of St.
Thomas in general to fmall Iflands, near, and even to fome very diftant : Of thefo
the chief is yV/'/jcr's Ille, difcovered in 1471 i that oi FirnaaJo Pao, Poo, or Port,
that of the Afcen/ioi', and that of Annabon, or Bon Anno\ it having been difco-
vered on Ncvv- Year's Day, even that of .S7. Helena, although at a great Dillance
from that of St. Thomas, ot which I fliall treat in its Place ; and in refped of
the other four, no Commerce is carried on with them, as the Ships bound to
the Eajl- Indies, only touch here for Wood and Water, or to catch Tortoifes, when
in want of frefli Provifion, and have many Sailors fick ; excent Annabon, where the
PortugueJ'e that arc fettled carry on a Trade in Cotton, \\ hich they gather In great
Abundance here, as alfo Hogs, Goats, Poultry, Varict) of delicious Fruits, Palm
Trees, Tamarinds, Woods, ^c.
Of thi Canary IJlands.
THESE are the fame the Antients knew under the Name of the Fortunate
Iflands ; whofc Difcovery is neverthelefs reckoned only from the Year 1348,
or at utmolt a hundred Years before j they were in a Manner forgotten for fe-
veral Ages, and as one may fay, loft all that Tinie to the Nations of Europe,
who had no Knowledge of them. The Spaniards are at prefent their Mafters,
and have poflcffcd them ever fince 1522, when they were given up to them by
the Succelibrs of their firft Conquerors. They are fituated to the Weft oi Africa,
over againft the Kingdom of Morocco, being eighty Leagues diftant from that
Coaft, and till lately were counted only fevcn in Number, of which the prin-
cipal is called the Grand Canary, the o:herfix are. Pa/ma, Ferro, Gomera, Te-
nertff'e (fo famous for its Peak, or Mountain, fuppofed to e the higheft in th«
World) Fuente, Fortavcu ira, and Lancerotte \ but fot fome Years part, Clara,
Lobos, Graciofa, Roca, Alegranza, and Infiermo, have been difcovered and added.
The Soil of thcfe Ifles is extremely fertile in all Sorts of Grain, Fruits and Le-
gumes, particularly in thofc excellent Wines, fo much efteemed overall Europe,
where fo large a Q^iantity is yearly tranfported : Mr. Savary fays, that between
us and the Dutch, an annual Export is made from thence of above thirty thou-'
fand Tons of this pleafant Cordial ; and though I am convinced that the Qtwn-'
tity is very large, yet I cannot think it amounts to fo much : Sugar is alfo cul-
tivated here in Abundance, and in the Grand Canary only, twelve Mills are
employed in grinding the Canes, and in Proportion on the other IQss, fo that
2 her««
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Photographic
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33 WEST MAIN STREIT
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Of the General Trade o/ //j<f WORLD.
here may be a?; much, or near as much made, as there is at St. Thomas's -, the
other Goods cxtradled from thefe Illes are Honey, Wax, Goats Skins, Pitch, or
blacl' Gum, diverfc Sorts of Fruit, Sweetmeats, Poultry, great and fmall Cattle,
with \ large Qu^uitity of Ca»a/7 Birds, which, though fcemingly a trifling Article,
it fwclls the Amount of their Trade very confidcrably.
The Englijh, who trade more here than all other Nations put together, in a
Manner fupply tlicfe Iflands with all the European Goods they want, which con-
fift in Clothes, ordinary Camblets, Bays, moftly Blacks, and emerald Greens, Anaf-
cotes, black and white, Sempitunas, moil blues, Lamparillas of all Colours, worfted
Stockings, wove and knit. Hats, Gogonelles, Linen from Holland and Hamburgh
of two or three Sorts, other fine and coarfe Linens, all Numbers of Thread, Houfe-
hold Furniture, fuch as Efcrutorcs, Chcftsof Drawers, Chairs, fisfc. HorfeHar-
ncfs. Pewter, Mercery, and Hard Wares; /r/)Z> Hides, all Sorts of Silks, (though
moft of thefe are now fupplied from SpainJ Men and Women's Silk Stockings,
Ribbons, Wheat, Barley, Flour, and all Sorts. of Pulfe, Herrings, Pilchards, Beef,
Pork, Butter, Cheefe, and Candles ; with all which the other Ifles are fupplied
from Teneriff'e.
Arid the Englijh take in Return th,' Malvoife and dry Wines made here, of
v/hich in a good Year, Teneriff'e only, produces above thirty thoufand Pipes
(one third Malvoife) and ¥alma and Ferro, fifteen or fixteen thoufand Pipes
each.
I have already mentioned, under the Trade < <f Spain, the Nature of the Gal-
leons and Flota; and to this I Hiall now add, that befides thofe, feveral Ships
are permitted annually to fail from thefe Iflands for the Spanijh America, un-
der the Limitations of carrying their Produ£ts with them, or returning with
no other Commodities, than thofe of the Growth of that Country, and out of
thefe Silver and Cochineal are excepted j however, they find Means to evade
thefe Reftriftions, both going and coming, and i'uc Englip have always Ware-
houfes of Goods here to fupply the Demands made on fuch Occaflons $ thefe
Ships have a Right to proceed to all the Spanijh Ports in that Part of the World,
except Vera Cruz, Carthagena, and Porto Bello,
i . O/' St. Helena.
1'^HIS Ifland is fituated in the Weftern Part of the Ethiopian Sea, in futeen
. Degrees, twelve Minutes, South Latitude, almoft four hundred Leagues from
the Coafts oi Angola, and thofe of Brazil, though fomething nearer Africk than
America, and therefore Geographers have placed it to the former.
The Pcr'/wrr/j/J difcovered it in 1 508, anrf left it, as one may fay, for a Place
of Shelter and Refort, common to all Nations, who should trade to /«4iu j after
which the Dutch fettled, and abandoned it for the more commodious Situation
of the Cape of Good Hope, and the Englijh have, poflefled it ever fince ; but as
it aifords nothing for Trade, more than the Refreshments to the Ships that call
there, J Hiall not add any Thing to what I have now faid about it.
t'
O/^ Socatara, or Zoccotara.
C HATED at the Mouth of the Red Scz, commonly called the Streights of
*^ BiiM-Mandel, is the laft of the y^rw-aw Ifles tc<vards the Eaft, i*nd nCareft
to the Continent of A^n. This Situation placing italmofl equidiftant from thefe
two Parts of the World, renders it very convenient for Ships that come from
India, MadagaJ'car, Mofambique, or Melinda, to trade with Arabia-Felix, or with
Aden, Mocha, Mecca, and other Cities of the Red Sea. It produces, befides good
Kefrefhments of all Sorts, Aloes (the bed in the World) Ambergreafe, Indigo,
Civet, Inccnfe, Dragons Blood, and other Medicinal Gums, Rice, Tobacco, and
Dates, of which latter they have fuch Qiiantities, as to fer\'e them inflead of
Bread. All tnefe Commodities the Natives either fell to Foreigners who touch
there," or truck them againft other Products oi Europe, or India.
i] , iO
Of AS I A, ^c.
Of M«lta.
^IPHIS Ifland, fituated in the Mtdittrranean Sa^ between Tripefy {ofBafit&yJ
•L and Sicily, is lefi known for its Trade, than for being the Habiution of thd
Military Order of 5/. John ofJeru/aUm, who have poflfeifed it ever fince 1530 j
the Commerce of it is, however, pretty confiderable, not by what it produces,
as it is hardly better than a Rock, and confequently cannot fomiih the Inhabit
Unts with the Neceffaries of Life, much kfs for the Support of » Traflick witb
foreigners, by Way of Barter or Exchange ; but this is done by die Imporution
of many EHgliJh, Dutch, and Ita/ian Ships, who carry here all Sorts of Goods
for the Malteji Ufe, or are freighted by their Merchants to kiad Com, die. in
Jtak. The liland, however, produces Cotton in Plenty (of which the Natives
make the fined Stockings and Womens Gloves I ever faw) Wax, and Honey,
the laft being of a fuperior Quality to what comes from other Part% is gready
efteemed, an4 was the Motive for giving the Ifland its Latin Name of Melita^
Of the tradt of Alla»
THIS is one of the largeil and richeft Parts of the Wodd, whofe NortherA
Bounds is the Scytbtan Ocean (or the Sea of Tartan) its Eaftem the Ori>-
ental Ocean, the inman Sea to the South, and to the Weftward, die t(*d Sea,
the Ifthmus of Suex, the Mediterranean, the Canal of the B/acA Sea, the Pont-
Buxiit, the Sea of Zabaebe, the Don, and the 06y ; beine from Eaft to Weft
about feventeen hundred and fifty Leagues, and from Norm to South near fifteen
hundred and fifty.
Many Nations of this vaft Continent, efpecially thoie who live in the Middle
of it, and thofe of the Northern Ocean, are very litde known to us, and if we
except the Mufcovites, who pofiefs a Portion, and whofc Caravans, unce the
Reign of the Czar Peter Alexivwitz, regularly depart evciy Year from Peterf-
hargb to China, and traverfe fome Part of it, it may be laid, that the Europeans
have no Trade there, and have only uncertain and fabulous Accounts of thefe
Countries.
Though it is not fb, withRefpeA to thf; Southern andEaflerfi Ooafts oiAfia,
tli which I (hall now briefly fpesgk, as they follow, from Mocha, the richeft and
moft trading Ci^ of Arabta-Feiix, to China, where the Eunpeans generally ter-
minate their Voyages and Commercial Enterprizes j referving neverthelefs, the
Liber^ to make fome Excurfions within Land, particularly for what regarck the
Trade of Perfia, the Empire of the Grand Mogul, that of China, the Kingdom
of Siam, and fome others ; which, however, I Hiall touch on with the utmoft
Brevity. Afterwards I (hall run over that great Number of Ides lying in the
Eaft, whofe Commerce in Spice, and other precious Commodities, is rendered (o
famous, and annually attrads fo great a Number of Ships, as well from all die
European as Indian Nations.
With RefpeA to die Eaftern Coafts ai Ajia, which are waftied by the Medi-
terranean, Black Sea, and the Archipelago, I (hall excufe faying any Thing more
about them here, having before joined this Commerce to that of Europe, to
which my Reader may have Recourfe, particularly where the Trade of Cenfion-
tinople, Cqff'a, Aleppo, &c. is treated of.
I ffaall therefore begin this Traffick of Afia, with the Cities of Arahia-Felix,
feated on the Red Sea, or in the Ocean, near its Mouth ; as Mecca, Mocha, Aden,
and fome other-s ; and afterwards enter the Gulphs of Ormus and Baffora ; where
we find Bajfora, Ormus, Cameron, (or Bender- Abt^ffi J dependant on the Empire
of Perfa, which we fhall vifit even to its Capital.
The Coafts of /«</»«, both on this, and the other Side of the Ganges, will af-
terwards follow, and then furvey thofe of the Grand Mogul, efpecially in the
Kingdom of Guzurate, where are feated Amedabatb, Camhaye, Surat, Daman,
&c. After them, Bengal, Decan, (of which Goa is the Ci^ital) Malabar, (of
which the chief Cities for Trade, are Calicut, Cranganor, and Cochin) the Coaft
9 C of
^r 4
741
1v^ 'III
t
i
I
74* Of the Gen^^ral Trade of the WORLD.
of CoromanJtl, (which has Narjinga and St. TbomatJ the Kingdom of Gokonda,
thofe of P*pi, Siam and TanaJJerim.
In fine, Malacca, Conchincoina, Tmqum, ind Ciina, with which I (hall finifh
the Trade of this vaft Continent.
The j^tick Iflet, whofe Trade I here propofe to treat of, are the Ma^ivu,
which firft preftnt themfelves in the direA Route from Europe to the famous
^ape Camonn ; thofe oiCtylan and Manar, which almof^ toych the Cape. The
^hree Ifles of the tSimJ, viz. Sumatra (in which is the Kingdom of Actpi, and
6vet«l others) Jova, fi> celebrated for that of Bantam, and yet more for the
famous City of Batavia, and the Ifle of Borneo. The Pbtltppinei, called the
ManiUes. The Moluccas, io fruitful in Spice. The Ladrones, which are in the
Track from America to India by the South Seas, and the Ifles of Jafon (or
Japan) from whence all European Nations are excluded except the Dutch. And
as I nave already occaQonally mentioned Ibmething of the Eaft-India Trade, I
(ball avoid repeating it here, but only now add, what I before omitted con-
cerning it. And jxevious to my Entrance on this propofcd Detail, I (hallfpeak
a Word concerning Bur/a, which was omitted in the Article of the Levant
Trade.
Bur/a, which was the Capital of the ancient Bythinia, is ftill one of the fineft
and largeft Cities in the Grand Seignior'i Dominion, feated on the Sea oi Mamnera
in Natalia.
Its Caravanferas (or Inns) are vaft and commodious, and its Bezeftan, with
its rich Shops, reiembles the Salons of a Palace, by the Quantity of Merchants,
. and Goods exhibited to View there. The moft able Workmen of all Turkey
are at Burfa ; its Manufactures of Silk Stuffs are admirable ; but its Carpets and
Tstpifliy, worked on |>cfigns icnt from Framee an^ Jtafy, a^ above all cfteemed.
StUT is gatbtred here in Abundance, and of (he beftQ^ty 4iat the Eftatep
of the Grand Seignior produce ; here is alfb fome Gutp Adr^gant, but this col]e|£ted
at Cara^i (or Chateau NoirJ about four Di^ Journey from this City.
f:t
The Trade ofAxMz.
np HIS Part of Afia has at leafl thirteen tfaoUfand Leagues Circuit, and is
* divided into Arabia Deferta, Arabia Petrea, and Arabia Felix i this laff ,
which is almoft as big as the other two, and which it alfo furpafTes in Riches
and Number of Inhabitants, is befides dUlinguifhed for its Commerce, which is
one of the axA confiderable in all the Eafl.
Its chief Cities, and thofe mofl noted for Trade, are Mocha, Hidedan, Chichiri,
Zibet, and Ziden on the Red Sea ; Aden, Fartack, and Ma/cote, on the Ocean, or
Arabian Sea ; Babr, Barbem, and El-catif, in the Gulf of Bajlora ; in fine, Baf-
fora at the Bottom of this Gulf} but as this laft is in Arabia Deferta, I fhall de-
fcribe it when I come to treat of that Province.
I might here add Mecca and Medina, Places which the Mahometan Zeal has
feparated as holy, and which are alfb rendered famous for the immcnfe Riches
annually brought here by five Caravans,' partly through the Devotion of Pilgrims,
and partly by the Merchants for Trade ; but the Entrance into thefe two Cities
being prohibited on Pain of Death to any Chriftian, and the Europeans confe-
qut^ntly having no Commerce here, I fhall content myfelf with informing my
Reader, that ue Bufinefs which the MuJJ'ehnan Nations of India and Africk carry
on here, is by Ziden ; this being properly the Port of Mecca, although it is at
leaft twenty-five Leagues difhnt ; and by Mocha, which ferves as its Storehoufe,
,or Staple.
Mocha, fituated at the Entrance of the Red Sea in thirtren D-grees eighteen
Minutes of North Latitude, is at prefent a City of the greateft Commerce in all
Arabia-Felix, where it was transferred to from Aden, about the Middle of the
i6th Century. There are hardly any Maritime Nations, either of Europe, AJia,
or Africa, who do not fend Ships to Mocha ; the Englijh and Dutch generally
fend theirs here, from the Places in India where they are fettled, as the French
did when their Commerce was moft flourifhing, but they now go there directly.
The
(y A S I A, ^c. .,
The other Vcfllls brought here by every Mouflbn, which are often fifty or more
in Number, commonly come from Goa, Diu, Touvel, Dabul, Goga, Ca/ieut,
Ac ben, Mafuli^atan, Negeva, Preiment, Cddtt, Mofambiaue, Melifula, and Etbiopiat'
all loaden with the richeft ProduAs of the Places from whence they fail* or
that their Freighters have colledted from the moft remote Parts of the Eaft, as
from China and Japan % befides wh'ch Marititr.s Trade, a very great and rich one
is carried on by Lapd, by Means of the Ca-avans from Al^po and Suer., that
arrive in the Month of MarcL They are commonly two Months on their Jour-
ney, and generally join on entering Arabia, making Part of thofe that conduA
the Pilgrims to Mecca and MetHtia, but which, till then, are only compofed of
Merchants and Goods.
About a thoufand Camels ierve for to tranA>ort thefe Merchandize, Eatables,
and other NecclTaries for the Merchants, and the Troops, which go as an Ef-
corte to defend them againft the Arais ; and thefe Caravans are efteemed but
indifferently rich, if tliey carry lefs in ready Money, than two hundred thou-
fand Dollars, and a hundred thoufand Ducats of Gold, either Hungarian, V^ne'
tian, or Moorijh ; and this is only to be underflood of what is entered at the
Cuilonihoul'e, there being always near as much more unregiftered, and car-
ried '.>y Stealth, to fave fhe Duties, ^vhich are very confiderable. The Goods
which thefe Caravans convey, are Velvets, Sattins, Armoifins, Gold, Levant Stuffs,
Camblets, Cloths, Saffron, Quickfilver, Vermillion, and Merceries, from Nurem-
burg. The Royal Ship (leaded yearjv for the Grand Seigniors Account) fit>m
Suez, brings alfo the fame pommoidittes as the Caravans, with the Addition of
feme Mu/covy Hides, Pewter, Foinwa (a Drug to dye Scarlet) and about four
hundred thoufand Dollars, thpu^h but fifty thoufand Ducats.
The Goods wh^ch the Caravails, Royal Ship, and other foreign VefTels load at
Mocha, in Return of thofe hrought there, are partly the Produ^s arid Manufac-
tures of Arabia, and vv^y what Ytas been introduced by Ships from India,
A/rick, and Eui'ope. The Arabians furnifh but little tG-i^ratxls this Commerce of
their own Manufa^ures, ^s th^y hstve oqIv fomc Cotton Cloth, and this but
coarfe; though "in l^ecotppepce of the Gud pefeA, their Growths fbm>ly many
valuable Commodities, ^s Inpenft;, Mvnht ^d Ambergreafe, Aloes, fiaum, CafHa,
Dragons BlcKyf, Giun Arabick, Cojrdl, and a Qiuintity of Plants, both Medicinal
and Odiferous, precious Stones, efpecially' Babarem Pearls, bat above aM, Coffee,
which befides being of the befl Quality, is fo plenty as to load many Shaps
with it yearly, of which this Port is generally full from all Parts, and under all
Colour^ as from Surat, Cambay'e, Dm, Malabar, anil all Places in India ; here
are alfo VefTels of jC^^, Soqotra, Mafcate, and all the GvM[ of Perfia ; and of
the Europearisi 'Bnwjh, Frejicb, Dutch, Danes, and Portuguejl' j and befides the
Merchants of the ahove-mentioiied Illations, this is the Rendezvous of many from
Barbary, Egyfit, Ttirkey, and all Arabia, and may properly be termed a general
Magazine, wnere the Merchandizes of an univerfd Trade are depofited.
Ade/i formerly enjoyed all the Advantages in Trade, that Mocha now does,
by a Transfer from the other j and is the only Port that the Grand Seignior has
upon the Ocean ; its Situation near the Mouth of the RedSez, renders it a Har-
bour common to both, which f^l attracts a confiderable Trade from the Ara-
bians, Perjians, and Indians, as it fbmc time ago did from the Dutch, till their own
Plantations of Coffee proved almofl fufficient to fupply their Demands, and con*-
fequently flackened their Intercourfe with other Nations for it.
Cbicbiri, or Cbiriri, i$ feated higher iHxan Aden \n thePer^n Gulph, and is
the firfl City in Arabia Felix, where the Dutch ufcd to Trade before their cor-
refponding with Aden.
This City has an Emir, or Arabian Sultan for its Sovereign, although Tribu-
tary to the Turks, to whom he pays annually four thoufand Dollars, and twenty
Pounds of Ambergreafe. The veffels fronl India, Perjia, Ethiopia, and the Iflands
of Comorre, Madagajcar, and Melinda, are thofe that moftly frequent this Place,
whofe Imports and Exports being fimilar to thofe of Aden, a Repetition of them
here is fuperfluous.
Mufcate is a City in Arabia Felix, fituated to the Weflward of Mogol in the
Gulph oi Perjia, ki the Latitude of twenty-three Degrees thirty Minutes North,
- "-' ^ dirc«aiy
743
.m
m
My
II
i J
7^
I I
0/ the General Trade of the WORLD.
dircAly uader the Tropick ofCMcer, anduaPl»ce of greater Trade than any
other near the Gulph of Ormus. The Pearl FiOwry hard by the Ifle of BaJba-
ram, in the Months mf yvne, Jufy, and Mguft, is alone capable of enriching the
City greatly t but befides this, it has the Advantaee of being a Depofitory of all
the Drugs, and Merchandize of ^fw^t tranfported from hence to P^^, Egypt,
Syria, the Jiuliet, and even to Europe.
CaJeH has its Port open and eimofcd to an Eaft Wind, though flieltered from
the Weft i its Trade is but inconfiderable, and this under the King's immediate
DireAion } fome Veflels come here with Rice, Dates, and a Sort of Cloathing
made of Hair in Per/a, which Goods are exchanged for Oliban, Aloes, and But-
ter J and the propereft Time for this Commerce is in the Months of May, June,
and Jitfy.
Ser i the Trade of this City (not far from the laft mentioned) is very confi-
derable i its Inhabitants are friendly to Strangers, and its Port being a very good
one, attraAs Ships from feveral Parts, efpecially from Ma/cate, Cameron, Surat,
CaJla, and other Places on the Coaft of Etibiqpia j the Merchandizes exported from
hence are. Butter, Myrrh, Slaves, Oliban, Aloes, and all other Drugs that Arabia
produces.
Mofetk, diftant from Mwba about ten Leagues, has loft its Trade by the Proxi-
mity, and now hardly deals in any Thing but Salt.
Hedicda, is an Ifle in the Latitude of fourteen Degrees fifty Minutes, that has
a Creek proper for the ConftruAion of Ships, and a fecure Port ; thefe Advan-
tages draw a tolerable good Trade here, particularly in CoiFee, brought from
Zidda, Mocha, and other Parts.
Gezeon i the Pead Fiihety renders this Place famous, and its Trade flouriHi-
ing, of which the BMiiant have the Direction, with very con^derable Profits.
Firjbarn is an Ifland about three Leagues diflant from Gexeon, which, befides
the Pearl Fiihety, has a great Trade in Wheat, with which it fupplies all Parts of
Arabia.
Judda, or Zidden i this is properly (as has been before obfcfved) the Port to
Mecca i its Trade coofifts chiefly in Coffee brought here by the Arabians, and
l>ought by the Turks, who take it ofl^, ahnoft all ; though here are alfo Merchants
of M^ol, Perjia, and feveral Places on the Coafts cS. Ethiopia.
r
J.-' I'
0/ the Trade of the Gulph of Perfia.
'T*HI S Gulph, called alfo the Gulph of Ormus (from the Ifle of Ormus, a very
^ little Diftance from its Entrance) Gulph of Bajfaro (from a City of this Name
in Arabia Deferta, at its other Extremi^) sind the Gulph of El-Catif, (from a
Kingdom in Arabia Felix, extending along the Coaft, oppofite to that of Perjiaj
is equally celebrated for its Pearl Fifhery, near the Ifle oiBahartm, as for its
great Commerce with all the Oriental and European Nations, who fend their Ships
eiJher to Bender-Abaji, or BaJ'ora.
The City and Ifle of Ormus, although quite fallen from its former Luflre,
and entirely deftroyed by Order of Cha-Abas, after his retaking them from the
Portuguefe, merits however to be mentioned, as due to the Memory of what
they once were, and the Rank they for a long Time maintained among the moft
trading Ifles and Cities of Afa.
This Ifle, fcated in the Perfan Gulph, pretty near its Mouth* and two Leagues
from the Coafl of Perfia, has littli more than twenty Leagues Extent j yet it bore
for a conflderable Time the Title of a Kingdom, with its own Monarchs, Tri-
butaries however to the King oi Perfia.
The Portuguefe, who judged this Port necefTary to their Infant Commerce in
the In^cf. took it in 1 507, and hereby fhut up the Entrance to Pcrfa againft
all other Nations, as no Perfon was henceforward permitted to traiiick there,
without their Pafjport, or under their Colours ; and whilft they of all the Eu-
ropeans, remained Mafters of the Indian Trade and Navigation, the Perfians did
not find themfelves in a Condition to Ihakc off this Yoke, which thele new Comers
had put on one of the moft famous Empires of Afia. But the Dutch, hav-
ing
lEi'
de by the Proxi-
C/.i 0/ A S I A, @>f.
ing followed the Ptrtuguefe to India in the latter End of the fixteenth Centurjrf
and the Englijb at the lleginning of the feventeenth i the Emperor CAa-AAtt .
valued himfelf on the Afliuance of thefe latter, to drive his Eaemies from their
Ifle, which they were obliged to furrender in 1622, having loft, u th«r pre-
tend, at its Talung, more than fix or feven Millions in Merchaadize, and other
Effeas.
Gameron, Gamron, or Gomirown, the Port of all Pet^, and perhaps of all
jffia, where the greateft Trade is tranfadted, was quite difregarded, till the Par-
tuguefe were drove out of Ormus ; as before that Occurrence, this was only a finall
Village with about fifty miferablc Hutts, where the Portuguefe, however, kept
twenty-five or thirty armed Barks, on Account of the Goodnefs of iu Port, and
to maintain their own Commerce, and hinder that of others.
Cha-Abas fortified the Port, and began to build the City, and by Privileges
and Immunities drew Trade here, changing its Name, and calling it after his
own. This Port is open to all Nations, except the Spaniards and Portugutft }
and here are fccn, Perjians, Arabians, Indians, Banians, Armenians, Turks, jews,
Tartars, Moors, Englijh, French, and Dutch.
The trading Time is from the Month of OSlober (when the great Heats arc
over) to the Month of May (when they recommence) and at this 6eafon the Ships
of all the Europeans cflabiiihed in biaia arrive, and many others appertaining to
Indians and Moors -, and by Land at a fixt Day, is feen coming in nere, diverfe
Caravans of Merchants, from Ijpaban, Schiras, Laon, Aleppo, Bagdat, Herat,
BaJJbra, &c.
The Englijb began their Trade to Per^a in 16 13, and were fo much the bet-
ter received, as the Grand Abas then formed the Defign of engaging their Af-
fiflance to diilodge the Portuguefe from Ormus and other Parts, andfor that Pur-
fofe entered into a Treaty with our Countrymen, that entided them to many
rivUegfs, which have howev;:r been very iU obierved; for as icon as the Per-
Jian Monarch had his Turn ferved, he forgot, or rather flighted his Engagements «
and though he ftill continued to prefer the Englijb, it was not in the Marnier,
nor to the Degree, as was promifed, or their Services deferved.
They now carry to Perjia Silver, a large Quantity of Cloth, Pewter, Steel,
Indigo, Silk Stuffs, and thefineft and moft beautiful Mi£u» Cpttons.
Tne Dutch Cargoes confift of Spanijh Dollars, and RixdoUars, Goods that they
receive from Europe, and what they colleA from their different Settlements in
India, but above all, Spices, with which they fupply all Perfia j Sianopan, Anis,
and Santal Woods, Ginger, Indigo, Vermillion, Incenfe, Benzoin, Qutckfilver,
Lead, Pewter, Copper, coloured Cloths and Linens.
The Indian, Arabian, and Moorijh VefTels are loaden with the Produ^ and
ManufaAures of their Countries ; and the Goods that come by the Caravans, con-
fifl in various Gold and Silver Stuffs, Velvets, Taffcties, Porcelain, Feathers, Afo-
rocco Leather, Wool, Brocades, Carpets, Turkey Camblets, and other flighter ones
from Arabia, Medicinal Drugs, Dragons Blood, Manna, 'Myrrh, Incenfe, Raifins,
Dates, Barcun Horfes, but particularly in raw Silk, which is the greateft Article
in the Perfian Trade ; here are alfo found Turquoifes, and Pearls, of which latter
I (hall have Occafion to fpeak more hereafter.
All Nations trading to Gamron, have their Houfes and Majgazines here ; thofe
of the Englijh, French, and Dutch, having more the Air ofPalaces than Mer-
chants Offices and Habitations, and are feated along the Sea Side, which is very
convenient for the loading and delivering their Ships, as they arrive.
Perjia has ftill fbme other Ports in its Gulf, but much lefs confiderable than
Bender- Abaffi, which has attraded almoft all the Commerce of thefe Parts.
Congre, or as fome call it Bender-Congo, or Bender-Erric, is alio in fbme Re-
putation, and Strangers fend their Ships, or conduct their Caravans here ; the chief
Trade is however in Pearls, and Boles for Dying and Painting Green and Red,
which are gathered from little Hills of thefe Colours, in a Mountain a few Leagues
from the City, called by the Natives Chiampa.
Babarem, is an Ifland in the Perjian Gulf, feated over aeainft the Coaft of
Arabia (from which it is b<u a little diftant) belonging to the King of Perjia.
The Soil is fertile, and produces plenty of Fruit, particularly Dates, though the
9 D Water
74.'-
• '"^eS
\rA
nv- ?
f ' >
u^
74:6 0/ /y&ef Geneuau Trade o/" //&f WORLD.
Witter hu fe ba^ tTafte, that Strangers ouindt olb it, uid the Divers whto fre-
Sient (hit Place tre obliged to feck it elfewhere. It it not the F:rtility of
e Ifle, nor the Trade carried on here, that renders it fo famous in all the Eaft,
. and ob^gtss the l^ttfums to have a Citadel, and to kee|> a Garrlfon of three hun-
dred Mfcn heit J but the Pearl Fifliery, which is near it, produces at Icaft a Mil-
lion yearly.
Tnis rUhery begins with yune, and enus with Septmber, in which Pearls of
a large Size are fometlmes taken, even to the Weight of fifty Grains, though in
common from ten to twelve ; and thofc that exceed this, ought to be feparated
for the King, though herein he has not always Juftice done him.
Baffora, or Balfora, is fituated on .a River named by the Arabians Scbat-tl-
Jrab, which is formed by the Union of the Euphrates and Tigris, that join a
good Day's Journey above this City, and fo united, empty thcmfclvcs into the
PerfioH Gulf, twelve Leagues below it. This Place is rich, and of greater Trade
than any one in Arabia Dtferta ; and its Foflcfljon having been for a long Time
difputcd by the Arabians, Perjians, and Turks, thefe latter remained Mafters
of it.
Bajfora, like Bendtr-AbaJJi, gained confiderably by the Deftruftion of Ormiis,
and here arc now feen Ships from all Parts of Afia, and Europe, and elpecially
among thefe laft, the Englijh and Dutch make a confidcrable Figure, they having
their Factories here, to tranfaft their Bufinefs, and difpatth their Letters by
Land, which is done by the Way of Damas and Aleppo. The Portugue/t alfo
have a Settlement here, though to very little Purpofc.
Almoft all the Trade pafks through the Hands of Indians, Perjians and Ar-
menians. The Caravan of Baffora is one of thofe that carries to Bender- Abaji
apart oftho& rich Goods, with which that iVi^d* is fiippoi'ted : And the fame
Caravan brines back on its Return, the Produ^ c/ tn^ China,, Japan, and Eu-
rope, of which Bender is (as has been before obfcrved) a Depofitory, Staple, or
Storehouse for Perfia, and the three Arabiae.
Befides this Commerce with Bender-Aba^, and that which Baffora maintains
on the Sea Coaft with the Indians, Moors, and Europeans, whofe Ships arrive here
every MoulTon ; this City has alfo a very confiderable one with Bagdat, which is
not at a great Oiftance, and is cbmmodioufly feated for a Tranfportation of its
Commodities by the Tigris; and the fame with Aleppo, and the reft of the Ot-
toman Empire in AJ!a, from whence Caravans fet out, and a Part of them always
deftined for Baffora.
We might alfo place in the Number of thofe things that render this Trade
ilourifhing, the pafliiig here of the Perfians, in their Pilgrimage to Mecca, who
commonly take this Route, and not only pay large Duties to the Turkijb Balhaw,
but alfo exchange or fell a Qjoantify of Goods here, which they bring in their
little Caravans going and coming.
If V! ^
'"1
Of the in/and Commerce of Verdi, and the States dependant on it.
TRADE is regarded as an honourable Profeflion in Perjia, where the Name
of a Merchant is efteemed a Sort of a Title of Diftindtion, and fomething
relpeflable ; the Noblemen, and even the Sovereign himfelf, do not difdain to
exercife the Pundlion, and to have Warchoufes, tSc. for carrying it on.
The Empire of Perjia is of fo great an Extent, and its Provinces are generally
fo rich and abundant, that the Aifertion of its Trade being one of the moft con-
fiderable in Afta, has nothing furprizing or incredible in it.
IJPahan is as the Center of this Comivercej it is from thence that the Cara-
vans fet out for carrying the Goods to Bender- Abaffi, which the Fadtors of fo-
reign Nations refiding here have purchafcd for Shipping. And it is here, where
many yearly arrive, both from within and without the Kingdom, as from Schi-
,■ ras, Laor, Aleppo, Bagdat, Herat, Baffora, nd all thofe from the Z,ct'd«/i and
'there arc few Cities, wnere Trade attrafts fo large a Number of St-angcrs as this;
■ of which the moft confiderable arc the Armenians of ZuHa, a Colony which
* Abas le Grand eftablilhed in One of the Suburbs ; and the Indians, of which here
are
0/ A S I A, ^f. . ^
are more than a thoufand. who have dieir Shops in the MtUkm (or Maritat) aext
the Per/knt.
Here are alfo fettled ^though Isfs numeroui) EHgliJh, Vrtkcb, Dutei, Itt/unu,
Spanutrds, Tartan, ArMioift, Turit, GiorgiaHs, Perjiaiu (from all tne Proviocea
of the Empire) and Jtvu.
There are no Sorts of Goods, vkhich may not be found in J/paidut ; but the
greateft Trade it drives is in Silk, of which tn almoft incredible Qjiantity ia an-
nually gathered in Ptr^. The Provinces which produce moft, are GuiUm,
Mtjandtran, Media, Baitria, Caramania, and Georgia, which all together may pro-
duce about twenty-two thoufand Bales (of two hundred and feveoty fix Founds
each^ with an Appearance of its yearly increafing.
This Silk is diAinguifhed into four Sorts, viz. Cbirvan (fo called {tomCbirvan
in Media, near the Ca/pian Sea, and in Europe ArdaffeJ Karvary, or Leps, (ga-
thered at Le^iam, a fmall Town of GuiUanJ Ked-Coda- Pen/end, or Bnrgeoife,
and Cbarbqffie, or Brocard. Of all which Silks, it is bid not above a thouiiuid
Bales are ufed in the Perfian Manufadlories, and the reft fold for Tranfportation
to Turkey, India, and all Parts of Eurote and /Ifia.
The Manufadlures of Stuffs in Perja arc on a Footing with thofe in Burtft,
excepting Cloths, of which here is no Fabrick eftabliOied, and the Perfiati Ma-
nufacturers make of Felt (which they underftand the working up, as well as any
People^ fome Cloaks, and common Carpets to cover the fine ones, for which they
are juitiy fo famckus.
A very great Trade is drove in Per/la with Cloths from Europe, brought by
the EHglifti and Dutch to Gamron, among which are likewife fome Frttwo, more
efpeciaUy thofe of Beny and Uffeau.
The Stuffs that the PerMans moft commonly make in their Manufadures, are of
Wool, Cotton, Coats and Camels Hair, and above all. Silk, with which they very
often mix the three laft Materials. The fpinning, winding, and milling, are fi>
milar to what is praAifed in France at Lyom and Tours, and the Perfiant are
intelligent in the Ufe of the Diftatf, Spindle, Reel, and Mills, which ferve in the
iaid two Cities, for the Silk's Preparation.
The StulFs they make of pure Silk, are Taffedes, Tabbies, Sattini, Gros de Tours,
Turbants, Ribbons and Handkerchiefs. They make alfo Brocades, Gold TiflTuea^
and Gold Velvets, of which laft Sort feme coft fifty Tomans the Gwfit, or Per-
Jian Jun, which comes to about five Pounds Sterling per Engiijb Yard, and it
certainly the deareft in the World. The fineft Perjian Carpets are made in the
Province of Kirman, cfpccially at Si/ian ; and among the Stuns made of Silk only,
there are many pa'nted with various Defigns, and fome heightened with Gold
and Silver, apphcd with Moulds and Gum Water, which they underftand Co
well perfornung, as to nuke them almoft appear true Brocades.
The Woollen Mtnufadures, or thofe of Camels Hair, arc for the moft Part
eftablilhed at ^efde, Kirman, and Mongnayt the Wools of Kirman being the fineft
in the World. The Goats Hair Stu£^ are made in Hircania, and refemble Bara-
gous, the fineft coming from Dourak in the Perfian Gulf.
The other Goods, which the Perjians fend abroad befidcs their Silks and Stuffs,
are Porcelanes, Feathers, Morocco Leather, Cotton Wool, or Thread, Chagrin of
all Colours, Tobacco, Galls, Matts, Baikets, Things wrought in Bo)r, Iron and
Steel oi Cajbin, and Koralan', Furs, Lapis Lazuli, (which comes from the Uf-
htcks, but of which Perjta is the Storehoufe) Perfumes, eipecially Ambergreafe
and Mufk, (both Productions Strangers to Perjia, but found here in great Abun-
dance, the one brought from btJ^ and the Red Sea, and the other from Tibet)
Pearls from the Pe^n Gulf, Turquoifes, all Sorts of Spices brought by the
Dutch to Bender- Abajji, Saffron the heft in the World, particularly that from the
Coafts of the Cajpian Sea, and Amadan, Allum, Brimftone, diftilled Waters of
Orange Flowers, Rofes, &c. Glafs, Cryftal, diverfe Animals Skins prepared at
Schiras, Coffee brought there from Arabia. In fine, Variety of Medicinal Drugs
and Gums, which either grow or are brought here ; and among the ProduSs
of Perjia, and as Part of her Merchandize, the excellent Wines of Schiras and
Te/d, Oiould not be forgotten, as the Perjians do not confume the whole them-
felves (though the great Men here are very much given to Inebriety, notwith-
ftanding
747
t- . I
f
i I
s
74^
im >■
Of the GiiMiRAL Trade of the WORLD.
ftan^nf tht Alcoran's t*n4iibitJon) but they are tnnfported annually to a rery
c .mfiderable Value all over Indtftan, and even to China. Piftachoet and Almonas
^w flieira^lljr in 7^, Caf^n tnASukaniai andofCafflck, Horfei, Mules,
aiid Lambt/' large Qjuirtitiei are Tearly fent into the Dominions of the Orand
Stignior, Indoftan and other Parti of jifia. All that hai been here fiud of the
Trade ofPtrJfa, muft he regarded at a Defcription of it, before the Revolu-
tion in 17x1 1 and at the Troublet in that Kingdom ftill continue, the Com-
merce there is not oriljr interrupted, but In a Manner loft, efpecially to the £»-
riffMs, and muft remain fu, till Peace (the Parent of it) reftoret Tranquillity,
and placet Trade on the Focting it formerly wai.
Q/* Georgia mul Mingrelia.
THERE is hardly any Country in all y^tf, more abundant in Cattle, wild
and tame Fowl, Fruits, Winet, and indeed all the Neceflariea of Life.
nor where they are in greater Perfedtion, than in Georgia. Its Wines, particu-
larly thoTe of Tr/it its Capital, are tran/jx>rted to Armema, Media, and even to
JJpaboH, where a Quantity of it is always refcrved for the King's Table 1 Silk it
eathered here in Plenty, but the Georgians not underltanding its Preparation, nor
having hardly any Artificers among them to manufadture it, they carry it among
their Neighbours, and drive a great Trade with it at ArTurtm in turkey and
thereabouts.
The Lords in Georgia being Mafters of the Lives and Liberties of their Vaffals,
at the Fathers are of their Children, malce the bad Ufe of their Power to fell
many thouftnd of both Sexes yearly into Slavery, more efpecially of the Fe-
males, who being all very beautiful, are purchafed by the Turks and Perfians for
their Seraglios j and this iniquitous Commerce is principally carried on by the
jimienians.
MingreKa does not traffirk lefs in Slaves than its Neighbour Territory, as above
twelve thoufand of thefe unha^^py Wretches are yearly dilboied of in this Man-
ner, of which above three thoufand are purchafea for Conflanthtople. The other
Merchandizes that this Country produces, are Silk, Flax, in Linen and Thread,
Linfeed, Hides, Martens Skins, Caftor, Box, Wax, and Honey of two Sorts, the
one white and the other red, though both excellent t it is the Turks of Con-
finntinople, and the Merchants of Caffa, Gonia, Irijfa, and Trebijonde, who carry
on this Trade ; and it is common to fee twelve Sail yearly from Conftantinople,
and more than fixty Feluccas from other Parts, which bring here fundry Goods
and Provifions, to truck againft thofe of the Country, as very little or no Money
intervenes in thele Negociations, or any that are tranfadted by the Mingrelians.
The Goods proper for this Exchange, are Bracelets, Rings, Glafs or fmall
Necklaces, fmall Knives, Pins, Needles, and other minute Mercery.
Brimftone and Nitre are found near TeJIis, as a foflile Salt is; in (bme Mines
in the Road to Erivan. Olive Oil is very dear, fo that the Natives both eat
and burn that of Linfeed ; which is all the UCc the Georgians make of this Plant,
as they throw it away, when the Seed iff gathered, though they might have ex-
cellent Flax from it, did they not prefer the Cotton Cloth to Linens.
Avogajia, Part of Mingrelia, is abundant in Flax, Hemp, Pitch, Wax, and
Honey, though this lad is commonly bitter, by reafon of the Bees gathering it
from the Box and Yews that grow here in Plenty. Vermillion is found in an al-
mo(^ inacceflible Rock ; and it is in feveral Parts of this Province, that the true
Rhupontick is met with, which many t&ke for Rhubarb, and what di/honeft
Druggifts fell for it.
O/* Armenia.
THIS Kingdom, after many Revolutions, was at laft fubje<fted by the Turk
and Perjian ; and as 1 have already treated of that Part belonging to the
Scbab, I ihall now fpeak «^r the other under the Dominion of the Grand Seignior,
or
0/ A S I A, &c.
or at Icaft of the two principal Citici. which feetn to have divided the Trade of
all the reft of the Kingdom nctween them.
Erzerum, or Ereeran, ' 'apital of the Fart of TurHi/h Armenia, is a City of very
confiderable Trade, conliuing chiefly in Copper Platei, Difhci. Gfr. Furl, Gall*,
Caviar, and Madder. The Enrlijh drive a great Trade here, and have a Conful,
who livei in a very handfome Manticr.
Ttcat ii the fecond City in furkijh Armfnia for Trade, and is regarded u
the Center of it for y^ Minor, where Caravans arc inceflfantly arriving or de-
parting ) thofe of Diarb*qms are eighteen Days coming here, and thofe from
Erxtrnm but fifteen. Thofe from hence to Sinepe arc but fix Days going, and
thofe from Burja twenty. The Caravans that go diredtly to Smyrna, without pafling
by Angora, or Bur/a, are twentjr feven Days on the Road if with Mules, but forty
it Camels are the Beartrs i in fine, here are Caravans that go only to Angora.
The great Trade of this City confifts in Utenfils of Copper, as Kettles, Cups,
Candlefticks, and Lanthoms, which the Artifans here work very neatly, and thele
Commodities are lent to ConJIantinople and Eript \ the Copper they make ufe of
comes from the Mines of Gumijcana, three Days Journey from Trtbifonde, and
from that at Cajiamboul, ten Days Travel from Tocat towards Angora.
Here is prepared a Quantity of yellow Morocco Leather, which is carried to
Samjbn on the Black Sea, and from thence to CaUu, a Port of Fatachia, where ii
alfo fent fome red ones ; but thefe the Merchants of Tocat procure from Diarbeck,
and Caramania, Painted Linens are alfo a great Objedt oi Trade here ; and al-
though they are not fo handfome as thofe of Ptrjia, yet the Mufcovites and Crim
Tartart, for whom they are defigned, are contented with them ; and the Com-
merce of Silk is not inconfiderable here, though that of the Growth of the Place
is all worked up here in flight Silk Stuffs, fcwing Silk, and Buttons.
749
• ri
Of the Commerce v^ Great Tartary.
THE Tartars are at prefent Maftcrs of a third Part of Afia, and their Coun-
try (commonly called Great Tartary, to diftinguifli it from the Leffir,
which is in Europe) is fituated between feventy-five and an hundred and fifty De-
grees of Longitude, and from thirty-eight to fifty-two Degrees of North Latitude,
thefe People now poflelTing all the North of AJia, and are at prefent divided into
three different Nations, viz. the Tartars, properly fo called ; the Calmoucks, and
the Moungales -, for though all thofe Pagans that are difperfed about Siberia, are
without doubt defcended from the Tartars, yet they are not now confidered as
a Part of them, but regarded as a favage People. The Tartars, particularly fo
named, inhabit the Weftem Parts towards the Cajpian Sea, and are all Mahome-
tans: The Cabnoucks are in the middle of Great Tartary, and the Moungales
near the Oriental Sea, but both Idolaters. The firft are fubdivided into many
Branches } and the Moungales into Tribes, or Branches of Tribes : And Great
Tartary does not belong to one Sovereign only (as many have believed) but is
poflelTed by the Czar of Mufcovy, the Emperor of China, and by many petty
Chans, or Princes, who reign over large Provinces.
This vaft Country is under the fined Climate in the Univerfe, and of an ex-
traordinary Goodnefs and Fertility j but as it is one of the higheft Trafts of in-
habited Land, it wants Water in many Parts, though wadied by nine principal
Rivers, viz. the Amur, Schingal, SeKnga, Jenifca, jmu, Khefell, Jaick, Irtis, and
the Ohy, and therefore is only cultivated on their Borders, and this but juft where
Necefllity drives the Inhabitants to ; for the Calmoucks and Moungales never ufe
any Agriculture, and only live on what their Cattle produce them ; and their va-<
Sbond Life is owing to this want of Farming, which conftrains them to change
eir Habitations in conformity to the Seafons, occupying the Northern Country
in the SumnKr, and the Southern in the Winter.
And the Great Tartary has this Particularity, that it produces no Trees of any
Height, except towards the Frontiers, and there only in fome few Places ; for all
that are found in the Heart of the Country are only Shrubs, not exceeding Man's
Height ) but in Recompence hereof, the Mountains fumifh the Natives with a
9 E large
'SO
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i '
BKS*f '•'<
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sw^> '"'■' '
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f^ff^'t^- ■
filt', ;i!,
Jaft''-" ' ''
IP^''- '
lis Kingdom is now in the Hands uf tlic Calmouckt, and it the peculiar Patri-
lony ot Dala-LsHUi, the Sovereign Pontiff of all the Pagan Tartars, who by
imc has been confounded with ^r«^cr- 7(?iJ« (before fpokcn of.) The Capital
lilt, in wnofc NcigI)bourhood is gathered a Quantity
rzinda is a Mine of Gold extremely rich, at the Foot
Of the General Trade of the WOKLD.
Urge Quantity of wild Goats, white B«trs, bluk I-'oxcit Ermines, Sablci, end
Gluttons (a tlefh-cnting Animal, a little rniallcr than. a Wolf) whole Fiir^,
with Rhubarb, Ginienx Root, Silk, Wool and Mulk, conllitute the Trade of thi-
Northern, Kaliern, and Southern Part of the Country t but the Tartan, whii h
inhabit the Will, on the Borders of the Ca/hiaft Sea, regard all I'radc as a Mattti
beneath them, and glory in robbing the Merchants who pafs tlirough their Ter-
ritories, or at leail exadl lb on them, aa to make them lolc all l>clirc of re-
turning among them i and indeed, all thcfo Mabomtlait 'lartarj, live on the
Rapine and Sfwil, which they pillage from their Neighbours, whether in Pculc
or vVar i in which they arc very different troni the Ca/Mout-ii and MouNgala,
who, although they ore Pagam, live quietly on the ProdudU of their i'locks, and
oflfend no one, unlefs they arc Aril molcAed : Of thefc ibmc havc'hxcd Habita-
tions, though others have neither Towns nor Villages, but live in Tenta, and
wander from one Place to another, according as the Convcniency of Pallurngc
invites ) and they all fupport themfclvcs by cquininc Food, as we do by that uf
Oxen and Cows, of which latter they rarely cat, but live chicHy on Horli: Flelh,
and make ufe of Marc's Milk, as the EiirepeaHi do of that of their Kine. The
Tartan have lb Arong a PaHion for the Colour red, that not only their Princes
and Ladies, but even tlie conunon People (through all the North of y^M^ would
do more for a Piece of Stuff with this Dye, than lor four time* the Value in Gold
and Silver.
The chief City of thcEaftcm, or Nieud'eu-MourtgaUt, is Nauni that of the
Weftcrn, or CaUha-MoungiiUs, j^r^un/ioy. The Kingdom of Tangut, or lioglMr-
gar, is divided into two Parts, ot which the Southern is properly called Tiief ;
thi ■
mony
fome
of this Kingdom is Barantola
of Rhubarb, Gff. and at Tarzmda is a JVline ot UolU extremely ran, at the Foot
of the Mountains, which Icparatc the Lands of Cuntaijib, from thole of China,
to the Eaft of the Defcrts of Goby, of which the Cbineji have taken Pofleflion,
and have cllabliflicd here fome Colonics of the Meungaliam.
The Kingdom of Cafchgar, or the Little Boucbarie, is a fertile Country, and
tolerably populous \ it is rich in Gold and Silver Mines } but the Calnioucks, who
arc at prcient its MaAcrs, receive but little Benefit from them, as they live quietly
on the Pioduv.1s of their Cattle, and never mind Gold nor Silver, that is to colt
them Trouble in its Acquifition { however the Beucbarcs, who inhabit the Towns,
collcdta good deal of Gold Dull in the Spring, in the Gutters, which the Tor-
rents occalioncd by the melting Snows, make on every Side o'i the Mountains, and
carry it to India, Cbina, and even ns far as Toboljky in Siberia. There is alio
found large Quantities of Mufk in the Cafchgar, and many Sorts of precious
Stones, among which arc Diamonds ; but the Inhabitants have not the Art to cut
or polifh them, and therefore arr obliged to fell them rough.
The City of Cafchgar, which gives its Name to the Country, was once the Ca-
pital of the Kingdom; but fince the Tartars have been in PofTeirion of it, it
IS greatly fallen from its prilline Grandeur t however it Hill carries on fome
Trade with the neighbouring Countries, though little in Comparifon of what it
did formerly.
Jcrkcen is at prcfent the Metropolis of the Little Boucbarie, and is pretty
large. It is the Staple of the Indian Trade with the North of jljia, of Tangut
with Siberi^i, and of the Grand Boucbarie vfith Cbina, which renders it both rich
and populous. If Peter the Great had lived a few Years longer, he would have
endeavoured to cllablifh a Trade between this Place and his Territories, by
means of the Ir/is, which would have been very advantageous to Ruffia.
Chatecn, or Cbotan, is to the Eafl of Jerkeen, and at prcfent in a flourifhing
Condition, by reafon of the great Trade carried on here between the Bou-
cbaris, Calmoucks, Indians, and the Tangut ois, and the extreme Fertility of the
Soil.
The Great Boucbarie (of which Boucbara is the Capital) comprehends the
SogJiana, and Bailriana of the Ancients, with their Depcndancies, and is at
8 " ' prcfent
Of A S I A, ^t.
75 «
prcfent tlie bed cultivated, and mod popuinua of any Province in til the Grand
'fiirltiry.
With the Mabemetan Tartan the Slavci arc a confidcrable Objedl of Trade,
for whofc r--*'ire they often make War with their Ncighbouri, keeping fomc
for their ov, ■' t, and Iclling the rell where the tan j and this Commerce
goes fo fur witi lome of them, that in Default o< an Oppoitunit}' to make
Slaves, they do not fcruplc to Oeal and fell the (Children of one another, or to
fell their own, if they cannot do better i ifthevarc tired of their Wives, they
fell them wuhout any Ceremony, as they do tneir Daughters, ef^tecially if they
are handfome.
The Horfes of thefe Tartars have but a bad Appearance, being very lean, not-*
withftanding which they arc indefatigable, anu may juftly be termeu the beft
Horfes in the World.
It muil be acknowledged that Nature haa withheld nothing from this fine
Country, that cijuld render an abode here agreeable ; the Mountains abounding
in the richcll Minos, and the Valiics in an admirable Fertility of all Sorts of Fruits
and Pulfe. Their Meadows are covered with Grafs Man high \ their Rivers full
of excellent Firti ; and Wood (fo fcarce in all the ofrcll Great TartaryJ growi
abundantly in many Places of this Province i but all this is of very little Ofc to
the Tartar Inhabitants, who are naturally lb dothfti'., that they rather chufe to
pilfer and Ileal, than to apply thcmfelvcs to cultivate what Nature has offered
them fo liberally.
Carjihi, or Karfcbi, is at prefent one of the beft Cities in the Great Bouebarie j
it is large, well built, and better peopled than any other in the Country } the
adjacent Parts are extremely fertile, and its Inhabitants carry on a very good
Trade to the North of India.
JalaJ'agan, which Aands almofl in Front, is one of the chief Pafl'agcs by whicli
People enter from the States of ContaiJ'ch into the Great lioucbarie.
Badagjiban is a very ancient, and extremely ftroiig Cityj it is not large, but
well enough built, and populous ; its Inhabitants arc rich by the Gold, Silver
and Ruby Mines in its neighboviring Mountains; although there is no one who
regularly works thefe Mine;., rhofc who live at the Foot of the Mountain.i, do
not benefit thcml'clves a little by the Grains of Gold and Silver which they colledl
in the Spring, after the molting Snows have walhed them from their Beds, by
their Torrents.
Anderab is the moft Southern City of all the Great Bouebarie, feparating the
Territories of the Great Mogul and Perjia from Grand Tartary j it is by this
Place, that whatfoevcr is brought in, or carried out of this Country, to or from
the States of the former, mufl necetfarily pafs. And there is in the Neighbour-
hood of Anderab rich Lapis Lazuli, with which the Boucbares carry on a con-
fiderablc Trade, with the Merchants of India and Perjia.
Although Cabul, or Caboul, depends on the Great Mogul, and not on the Cban
of Bakk, it will be a fropos to fay fomething here, concerning the flourifhing
Trade maintained between the Subjcds of thefe two Princes. Cahul, fituated
at the Foot of the Southern Mountains, which feparate the Eflates of the Great
Mogul from the Grand Bouebarie, is one of the fincfl Cities to the North of
India ; it is large, rich, populous,- and becaufc it is confidered as the Key of the
Grand Mogul's Territories, towards Perjia, and the Great Bouebarie, it is always
carefully kept in a good State of Defence. This City is the Staple of all the Mer-
chandize, that pafles to the Indies, F Jia, and the Grand Bouebarie. The Sub-
jedls of the Cban of Balek cothe here in Throngs with Slaves of both Sexes,
and above all, with Tartarian Horfes, of which fo great a Trade is driven in this
City, that it is pretended here comes yearly more than fixty thoufand. The Neigh-
bourhood of Cabul is very fertile, and all that is neceffary for Life grows here in
Abundance, and is v,.ry cheap.
The City of Bouebara, or Buebara, is upon a River, whofe Waters are very un-
wholfome, and which difcharges itfcif into the Amu, about forty Leagues from the
Cajpian Sea ; it is large, fortified, and well featcd for Trade with Tartary, Perjia
and India ; though with all thefe Advantages it carries on but little, being hindered
by the extraordinary Impolitions on Foreigners in the Article of Cuflums.
Satnarkant,
;,vi
M
'§
^: %J^'i
in
75a 0/ the General Trade o//y&^ WORLD.
Samarkant, Capital of the Province of Aftfurmmr, ;s about (even Days Journey to
the North oi Bouchara, and was formerly much more brilliant than now, however
is is ftiH large and populous enough ; it is faid that the bed filk Paper is made here
of any in the World, and therefore is much fought after by the OrrVn/^?/ Nations.
Here is the mod famous Mabamttan Academy of Sciences ; and its adjacent
Grounds produce Apples, Pears,Grapes, Melons, (of an exquifite Tafte) and in fuch
Quantities, thai tjiv Fmpire of the Great Mogul, and Part of Perfia, are fupplied
from hence with them ; a id indeed this City wants nothing to render itconuder-
able in Trade, but otbr; iviafters and Neighbours than the Mahometan Tartars.
Wardanji, Plated to the Weft ward of Boucara, towards the Frontiers of Cbarajm,
is c :clc-?hl2 large City inhabited by the Boucbares, who in peaceable Times trade
to Perjia, and in the Country of CharaJJ'm.
Balck'a the Capital of the fn.jlleft, and moft Southern Part of the Grand Beu-
charie, but extremely well cultivated and fertile ; here is gathered a great deal of
Silk, which the Inhabitants work up into Stuffs ; the U/becks here are the mod
civilized of all \hc Mahometan Tartars of the Grand Boucbarie ; to which the great
Commerce they drive with the PerJUms and the Subjects of the Great Mogul does
not a little contribute.
Talcban, feated below Balck, on the River that runs by it, is a fmall City, well
built, pretty populous, and with a tolerable Trade.
Cacbemire is a fmall Kingdom, that is hardly thirty Leagues long, by twenty
broad, fo (hut in by hif;h Mountains, which feparate India from the Grand Tar-
tary, that there is no Entrance to it, on any Side , without pafTing Rocks of a pro-
digy <us Height; it is almoi one continued Valley, whofe Fertility and Beauty
mak'ts up for the Smallnefs o^Us E-.tent, as all Sorts of Fruit and Pulfe that we
have in Europe grows here abnndh;-'.iy without the Trouble of Cultivation.
The Cacbemerians are very indudrious, and podefs ih^ Secret of making the
lacquered Wares, and light Woollen Stuffs with Borders, fo much edeemed in
Inma. The Rive: Amu, or Abiamu, which has its Source to the North-North-
EaTt of this Kingdom, and runs by it, is full of all Sorts of Fifh, and its .Jorders
quite charming, on which grow thofe excellent Melons, and all thofe other deli-
cious Fruits, which are fo fought after in Perjia and India, and which are tranf-
ported even to PMjfia.
Cbarajjm is a Country extremely fertile in all thofe Parts that are fit for Culture,
and its Inhabitants are reckoned the riched Herdfmen of all the Ottoman Empire ;
they are fupported entirely by their Cattle, which confid in Camels, Sheep and
Goats i and lodge in Tents, which they tranfport from one Phcc to another, ac-
cording as the Seafon and Conveniency of Padure fuits : In Winter they encamp
along the Euphrates, on the Side of Mefopotamia and Natalia ; and the Summer
Heats invite them to the refrefhing Vallies enclofed by the Armenian Mountains
towards the Rife of the Euphrates ^Jid Tigris.
The fecond Body of Turkmans (called Eadern Turkmans) al(b fubiid by their
Cattle, or Agriculture, according to the difKsrent Didtrids they are found in ; the
Winter Seafon they pals in the Towns and Villages in the Neighbourhood of the
Amu, and the Cajpian Sea ; and in Summer they encamp wherefoever they meet
with good Paduragc and Water.
There are twenty Prcvinces in this Country of Charaffm. That of Burma is to
the Ead of the City of Uajir, towards the Frontiers of the Grand Boucbarie. This
Province is ""•y fertil**. populous, and produces the mod delicious Melons of all the
Cbarajjm. That 01 GordiJ'ch is between the Pijcbga and the Kumkant ; and as this
Province is watered by the River Amu- it is one of the mod fruitful, and bed cul-
tivated Parts of the Charajfm.
The Chorajan is beyond Com radidtion the fined, riched, and mod fruitful Pro-
vince of all Perjia j but having mentioned it already, I ftiall only here .add, that as
the Climate of this Country is excellent, a.id the mod temperate of any in this Em-
pire, nothing in thefe Parts can equal the Fertility of its ^oil j all Sorts of exquifite
Fruits, Cattle, Corn, Wine and Silk thrive here to a Miracle : Mines of Gold,
Silver, and precious Stones are not waniing ; and in fine, all that can render a Place
rich and agreeable this Province abundantly pofTedes.
3 The
RLD.
Days Journey to
now, however
per is made here
Oriental Nations,
nd its adjacent
afte) and in fuch
fia, arefupplied
nder it conuder-
letan Tartart.
lers o( Cbarajm,
ble Times trade
the Grand Bou-
a great deal of
:re are tljc moft
which the great
'reaf MoguJ does
fmall City, well
long, by twenty
the Grand Tar-
Rocks of a pro-
lity and Beauty
id Pulfe that we
Itivation.
of making the
uch cfteemed in
5 North-North -
I and its "borders
hofe other deli-
Ihich are tranf-
t fit for Culture,
ttoman Empire ;
Tiels, Sheep and
to another, ac-
ter they encamp
id the Summer
nian Mountains
fubfifi by their
e found in; the
•ourhood of the
ever they meet
of Burma is to
ticharie. This
[clons of all the
nt ; and as this
, and bcft cul-
ft fruitful Pro-
re add, that as
tiy in this Em-
rtsof exquifite
-lines of Gold,
render a Place
0/ A S I A, ^c.
The City o( Mifcbed, or Mefebet, fltuated on a little River which falls into the
Ktrgan, was once in a very flouriOiing Condition, by the many confiderable Ma>
nufaduret of Gold and Silver Brocades, with other Stuffs fettled here. The earthen
Ware of this Place was alfo very much cfteemed, befides which a great Trade was
carried on here in thcfc beautiful filver-grey Lamblkins with curled Wool, finer
than Silk itfclf : And it w;"! in evt ly rcfpedt a very rich, ftately and populous City,
till the UJbed. Tartars plundered ; nd left it in a miferable forlorn Condition j it»
adjacent Parts are, however, the nioft charming of any in the World, and produce
in abundance ill Sorts of er.iuifite Fruits and Greens, as its Neighbouring Moun-
tains do Turquoifes, and even Rubic"!.
Herat is at prefent the fined and lar;*eft City of all this Province, fincc the Ruin
of the laft m':ntioned, which was the C ipital ; it is rich, fair, and populous, and
prod'ices the handlbmefl Carpets of all hcr/ia ; here are alfo made feveral Sorts of
valuable Stuffs and Brocades ; and in c W':«d, this is the Staple of almoft all the
Coninicrce carried on between Perjia and £ndu\ 48 it lies in the Route from IJpahan
to Ccindahar.
Aftrabath is fituated on a Gulph of the Caff tan 6c2,- being the Capital of the Pro-
vince of that Name, and partes for one of the fineflCiticc in Perjia, as it is large,
well built, rich and very populous. Here are many fine Fabricks of Silk, and Wool*
Icn Stuffs, more particularly a Sort of Camblet that is vaftly efleemed. The circum-
jacent Lands are equally agreeable and fertile in every NecefTary of Life, and the
neighbouring Mountains are all covered with Forefts of Fruit Trees. The Gulf
of Aflrabath is about fifteen Leagues from Eaft to Weft, and four or five from
North to South, but is only navigable for fmall Veflels, becauie here is not more
than ten or twelve Feet Water at its Entrance to the CaJ^ian Sea, but it is of
great Convenience to this City, by Means of the Communication it has with ali
the Perjian ones feated on that Sea.
Mankijilak is a fmall Town in the Countiy of Cbaraffm on the Borders of the Caf'
piatt Sea, to the Northward of the Mouth of the Southern Arm of the Amu, and in
itlelf it but trifling, as it does not contain at utmoft above feven hundred miferable
Cots ; but its Port is cKcellent, and the only one on this Sea ; it is fpacicus, fccurc,
deep, and if it was in other Hands, would make Trade foon flourifh.
Urgens, the Capital of Charaffm, is fituated in a large Plain to the North of the
River Amu, about twenty-five German Leagues from the Eaftem Border of the
Cafpian Sea. This City was once very confiderable, but fince it became fubjeft to
the Tartars, and tlie Amu, that run at the Foot of its Walls, has taken another
Courfe, it is fell greatly to Decay.
Turkejlan is about Icvcnty Leagues long, and as many broad, having feveral good
Diftrifts of Land on the Side of the River "Jemba, and towards the Mountains ^ich
divide this Province from thofe of the Calmoucks ; but :he Inhabitants make no Ad-
vantage of it, as Rapine is their only Occupation, and few among them have any
fixed Habitation, but live in Tents, towards the Frontiers of the Calmoucks, and the
afbrefaid River, that they may be within Reach of benefiting themfelves by any
Occafions that ftxall offer for Pillage or Plunder ; and they go to fell the Slaves
they make in thefc Excurfions c'ther to the Charajm or Grand Boucharie, where
they always find Perjian, or Armenian, and fometimce Indian Purchafers.
Of the Cafpian Sea.
IT is but a little while fincc we have had any true Knowledge of the Ma^
fanderan or Ca/pian Sea, which the / 'erfians call Kulfum. It is beyond Dif-
pute the greateft Lake in the Univerfc; being fituated between the thirty-feventh
and forty-feventh Degrees of Latitude, and the feventy-feventh and eigtity-third
Degrees of Longitude ; its Waters are extremely fait, except towards its Shores,
where they arc frefhcned by the Rivers running in, and it abounds with Stur-
geons, Salmons, Salmon Trout, Gfc. all which Fifh come in the Spring to feek
the Mouths of the frefli Water Rivers -, and it is incredible what a Quantity arc
ynrly taken at this Seafbii ; here are alfo Carps and Breams, which is fome-
tbitig particular in a Sea, whofe Water is naturally fait ; and here is alfo the
9 F White
755
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'-'^i
jSglKw
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i-W^KSm
\ ''mm
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■ ' '•■ "' 'teif
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ik'^S
,>•■■: .',''• V
^, -.■ *? '
,■>, . .
'."■■V r^
754 Of the General Trade o//^^ WORLD.
White Fifh, called by the Ruffians, Bhlluga, which is peculiar to this and the
Black Sea j and for this Reafon Tome pretend that thefe two Seas have a fubtcr-
raneous Communication. All thefs Sorts of Filh are much larger and fatter
than elfcwherc, efpccially the White Filh, which have been taken twenty f'eet
long; they have fomc Kefemblance to a Pike with the Tafte of a Sturgeon.
The Cajpian Sea has neither Flux nor Reflux i and only the Port of BaAu (in
the Province of ScLivanJ on all its Weftern Coaft, and this folcly for fmall
Veflcls i though there is a good Road at Terki, where Vcffels may ride in Safety,
between the Ifle of Zezen, and the Land. On the Eafti n Coaft is the Port
of Mankifcblak in the Chorajjan, which is excellent, and the only one found in
this Sea ; but being unhappily in the Hands of the Tartars, with all this Eaftern
Coaft, it is of very little Ulc.
|K-«
V V >
.*s-
■ \ vt "'a ' \
\^
,.s
1
^ %'' ^
*t.
^^m.
W
Bw> ^^
wi
gnS w
hI\>.
si'^-' "
Hi"
4!r{'f
Of tbe Cofacks, or Cofaqucs.
'T^HE Cofacks are now divided into three Branches, and \![m Ruffians, on whom
■'• they depend, call their Country the Ukraine, which is in that Lanjtuage,
ftated on tbe Frontiers, becaufe it cfFedlually makes a Frontier between RuJ/ia,
Poland, Little Tartary, and Turkey, being to the Weftward of the Borijihencs.
As this Country is an entire Plain, interlperfcd with fine Rivers, and agreeable
Forefts, it muft be fuppofed to be extremely fruitful ; as it is in EfFcft, and pro-
duces all Sorts of Grain and Pulfe, Tobacco, Wax, and Honey in fuch Abun-
dance, that it fupplies a great Part oi Rujia with it. The Pafturage here is fo
excellent, that the Cattle furpafs all others of Europe in Size ftbe Mufcovite
Beef that I baveften, has always been very fmall, tbougb I think fatter, and fupe-
rior in ^ality to any other.) The Rivers are (locked with excellent Fifli, and
Game is found here in fuch Quantities, that this Country only wants a Com-
munication with the Sea, to be one of the richeft States in that Part of the
Globe,
The Don Cofacks, who occupy on the Banks of the River with this Ruffian
Name, a Number of Towns and Villages, do not extend themfelves far within
Land, as there is a Want of good Water in many Parts, and no -Wood ; they live
on their Cattle's Produce and Agriculture, without forgetting however to Uve at
the Expence of others, whenever Occafions pre^nt.
The Cofacks of the River ""jaicks took PoneiTion of its Soutliern Border, when
the Tartarian Power began to iletline there j and when the Ruffians feized the
Kingdom oi Jfracan, the Cofacks voluntarily fubmitted to their Dominion. Thefe
People live by Agriculture, Fifliing, and the Produce of their Cattle, with what
Booty they can make. This River at prefent feparates Ruffia from the Eftates
of Contaifch, and its Banks are fo fruitful, that however little the Earth be cul-
tivated, it abundantly produces every Neceflary of Life. It is alfo extremely full
of Filh ; and it is afterted, that in the Spring, fo great a Qjwntity come here
from the Cafpian Sea, to fcek the frefli Water, as almoft to ftop its Courfe, and
may be taken with the bare Hand, with the Roes of which prodigious Shoals,
caught in this River, and the Neighboui'hoody fo much Caviar is made and ex-
ported to all Europe.
The Tartars of Nagai fubfift by their Hunting, Fifliing, and Cattle, being
fubjetS to the Ruffians ever fince their taking the Kingdom oi Aftracan, which
the others pofl'eft before; the Capital of the fame Name is feated on the
Frontiers ot Ajia ind Europe, and by this convc ient Situation invites a large
Number of Armenians, Indians, Perffir.s, Mahometan Tartars, Catmoucks, Geergi-
iins, and Mufcovites, to form a conliderable Trade here.
The Fotga is one of the biggeft Rivers in the World, and traverfcs almoft all
Ruffia i it abounds with all Sorts of fine Fifli, and its Borders fpontaneoully pro-
iliat moft Species of Pulfe and Herbs without any Labour or Cultivation.
The Calmoucks are Part of the Pagan Tartars, defcended from the Mogoules,
and dd'irous of being ftill called fo ; they inhabit the finclt and moft confide-
rablePart of Tartary. The beft Iron of all Ruffia (and it is probable of inc whole
World) known in that Country by the Name of Siberian Iron, comes from the
Mountains
0/ A S I A, tfc.
Mountains of y4ig/es, that feparate Rufa from Siieria . which Metal is melted
and wrought witli the fame Eafe as Copper, and there are Cannons made of it,
nothing inferior to thofe of Brafs, either in Beauty or Goodnefs. Thefe People
carry on no Trade, except by Way of Barter for Cattle, though are harmlefs
and inofFcnfive if not molefted, as has been before obferved. The Ofy and Om,
large Rivers in this Country, are full of Fifli, and moll of their Borders very fer-'
tile in every defirable Produft.
Of the general trade of the Eaft-Indies.
T
HE EaJi-InJies commence where the Kingdom of Pcrfia ends, being fe-
parated from it by a long Chain of Mountains^ and the River Indus, whofe
Name they have taken, and which on ifluiiig from Mount Taurus, (where it
rifes) takes its Courfe towards the Northern Parts of India, as the Ganges (which
flows from the fame Mountain) does towards the South, both falling at laft into
the Indian Ocean -, the firft into the Gulph bearing its Name, and the other into
that called Bengal. This vaft Region ot JJia is called the EaJl-ImUes, from its
ativanced Situation towards that Part of the Heavens, more than any other Coun-
try yet known ; as America is in the fame Manner diftinguiflied by the Deno-
mination of the We/i-Indies, on Account of its lying more Weft than any other
Uiftria of the habitable Globe.
^iOfl-India is commonly divided into that on this Side of, and that beyond the
Ganges ; the firft Part comprehends the Empire of the Great Mogul, the King-
doms of Decan, Narjinga, Canara, the Pefcoerie (or fifhing Coaft) that of Coro-
mandel, Befnagar, and Orixa. The other includes the Kingdoms of Bengal, Ara-
can, Pegu, Siam, Malacca, Cambaya, Ciampa, Concbincbina, Brama, Jangomeat
China, and others lefs confiderable.
Both thefe Parts have their Ifles, though thofe appertaining to that beyond the
Ganges, are larger and much more confiderable for their Trade than the others
as will be explained hereafter, when their Defcription falls in Courfe ; and I
ihall now begm with that of the Great Mogul's Dominions, being the firft that
prefent themi'elves on quitting the Perftan Sea, to enter the Indian Ocean.
0/"IndoflaD, or the Empire of the Great Mogul.
THE Empire of this Prince comprehends a vaft Extent of Coafts in the In-
dian Sea, and ftrctches very far within Land, fo that he pofTefTes the greateft
Part of the Indian "Terra Firma.
The Kingdom of Bengal once belonged to him by Conqueft, and of which
he ftill rcta'::s a Share, though the Moorijh Rajas, or Governors, to whofe Cuftody
he trufted it, have revolted, divided the other Part among thcmfjlves, and there-
by depri yed the Emperor of one of his richeft Provinces, and the moft conve-
nient for Trade ; for which he is however in fbme Sort indemnified by the So-
vereignty, which he has always preferved, and by the Acquifition of the King-
doms o^ Decan, Cacbemir, Breampour, and Maliquo, which he has added to his
Dominions.
Indrjian is in general fo fertile in all that can contribute to the Conveniency of
Life, that it might very commrdioufly pafs withuui. any foreign Trade, and not
only comfortably, but very deUcioully fubfift on its own Abundance ; yet thd
greateft Part of the Inhabitants, particularly thofe called Banians, are fo addidted
to Commerce, and underftand it fo well, that it is nothing furprizing, to fee
them maintain fo confiderable a one, on all the Coafts of this Empire, and even
loAgra it." Capital.
The Europeans Traffick with the Moguls Dominions confifts principally in
Gold and Silver Coin, Leather, Spice, Elephants, ^c. brought herefrom Japam
China, Moluccas, and Ceilon ; Pewter, Cloths, (£c. imported from Europe, and
Horfes from ^e UJbecks and Perfa.
4 0/
m
'■■■ •■%■'■■
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0///&^ General Trade 6///6^ WORLD.
0/ Gufurate.
OF all the Kingdoms which compoTe Indojian, there are none that have more
confiderable Ports, or where a greater Trade in carried on, than this of Gu-
furate, called alfo by fome the Kingdom of Cambaye, from one of its mofl im-
portant Cities, diftinguiHied by the Appellation of the Indian Cairo. This Ter-
ritory is almoft totally maritime, forming a Peninfula, that llretches out between
the Gulphs of India and Cambaye, containing more than an hundred and twenty
Leagues of Coail.
It is in this Extent that Cambaye and Surate arc iituated j the two Cities (efpe-
cially the laft) the moft celebrated in India, for the Trade which the Europeans
carry on there, or that the native Merchants maintain from Java and Sumatra
to UM Levant, Aden, Mocha, divi Mecca, on the Red St. x, and to Bender-AbaJJi
in the Perjian Gulph, in Cotton Clo»h, Counterpanes- Carpets, embroidered Hang-
ings, Rock Cryilal, Granates, Hyacinths, Amethifts, Turquoiics, choice Drugs,
Medicinal Herbs, Dying Woods, Perfumes, excellent Indigo, (cultivated and made
at Amadabat, the Capital of the Kingdom, and at SircbesJ Camphire, Tobacco,
Brimftone, Turbith, Galanga, Nard, Lapis Lazuli, Afl'a Pcctida, Borax, Scamony,
Benzoin, Pepper, Cummin, Ginger, Mirnbolans, Siiits of their manufadturing.
Corn, Salt, Oil, and Butter.
Their Returns from Aden, are Gold and Silver Coin, Coral, Anibergreafe,
Miffeit, (a Drug for Dying and Colouring) and the beft Opium of all the Eail.
From Perjia they extraS Brocades, and other Silk Stuffs, Velvets, Camblets, Pearls,
Almonds, Raifins, Nuts, Dates, and particulariy Rofc- Water, of which they arc
very fond, and which chey tranl^rt to many Parts of India.
The Europeans, ajid other Nations, furnifli this and the other Territories of
the Great Mogul, with Pew Lcr, Vermillion, all Sorts of Cloth, Ivory, Sandal Wood,
Pepper, Cardamoms, Cloves, Porcelane, China Stuffs, Gold and Silver Vcffds ;
and tliere are feen in their Ports and principal Cities, not only Englip, French,
Dutch, and Portuguefe, but aHioyews, Turks, Perjians, Arabians, and Merchants
of all the Cities in India, except. Chinefe and Japonefe. I (liall treat of the Trade
of all the Cities at large, after I have faid fomcthing of that of Amadabath, Ca-
pital of the Kingdom, and fome others within Land.
Amadabatb, one of the biggcft Cities in the Mogul Empire, is feated within
eighteen Leagues of Cambaye, and forty-five of Suraie, on a little River which
falls into the Indus. Its Commerce is equally flourirtiing both at home and
abroad, fending yearly large Caravans to Agra, and tranfporting to Surate, Cam-
baye, and Brochia, its manufaSured Stuffs, and other Merchandizes ; the Produds
of the Country are brought there in Return of their Caravans.
It is reckoned there are twenty-five great Towns, and above three thoufand
fmall ones in the Jurifdidion of this City, whole Inhabitants are almoft employed
in working for the Fabricks ; of which the principal ones are of Silk or Cotton,
pure or mixed with one another, being a Specie of Goods peculiar to the Coun-
try, fuch as Tulbandes, AUigias, AttelafTes, Baffetas, and Chitcs ; here are alio
made Brocades, Gold and Silver Stuffs, Damafks, Sattins, Taffetics, and Velvets of
all Colours, Alcatiffs or Carpets, with Gold, Silver, Silk, or Stuff Grounds ; in
fine, all Sorts of Cotton Cloth, white or painted, which in Finenefs, Beauty of
Defigns, and Vivacity of Colours, do not yield to any in the Indies.
The greateft, or at leaft the beft and moft beautiful Part of thefe Manufac-
tures, are deftined for Surate; the Banians, who tranfadl almoft all the Bufinefs
of thris laft Place, and are here as Brokers to the European Merchants, having
their Fadors on the Spot, who buy up the Goods as foon as made, or being
the Undertakers themfelves, have Artificers to work for them. The Produds
of the Country are Indigo, (which is cultivated and prepared abundantly in the
Territory of this Capital, particularly at Sirches, which, though but a fmall Town,
has acq lired great Reputation by their perfcd ordering of this Drug) Sugar Can-
dy, and Sugars, all Sorts of Sweetmeats, Cummin, Honey, Lack, Opium, Borax,
Ginger, dry and candied, Mirabolans, Saltpetre, Sal Armoniac, Ambcrgrealc,
Muik, and Diamonds ; but thefe three laft Commodities are brought from abroad,
b and
¥1'
¥
LD.
lat have more
pn this of G«-
its moft ini-
. ThisTer-
Is out between
pd and twenty
Cities (cfpe-
Ithe Europeans
y and Sumatra
Bender- AbaJJi
bidered Hang-
Ichoice Drugs,
rated and made
jire. Tobacco,
Irax, Scamony,
hanufadturing,
Ambergrcafc,
afalltheEart.
mblets, Pcaris,
which they arc
Territories of
Sandal Wood,
Silver VcfTds ;
nglifi, French,
and Merchajits
It of the Trade
madabath, Ca-
! feated within
c River which
at home and
) Surate, Cam-
i the Produds
hrce thoufand
noft employed
ilk or Cotton,
to the Coun-
i here arc alio
and Velvets of
Grounds; in
■k, Beauty of
efe Manufac-
1 the Bufinefs
lants, having
idc, or being
rhe Produas
^antly in the
fmall Town,
) Sugar Can-
pium, Borax,
Vmbcrgrealc,
from abroad,
and
0/ A S I A, ^c.
and refold to foreign Merchants. It is here that the Englijh and Dutch iiavc
their Linens flained, and thoir Saltpetre refined j and it is from this City, that
all the blue Cloths come, which are (ent to Perfia, Arabia, to the Kingdom of
the Abiffines, the Red Sea, the Coaft of Melinda, Mofambique, Madagafcar, 'Java,
Sumatra, Macaffar, and the Molucca Iflands.
Brocbia, a large City in the Kingdom of Gufurate, feated twelve Leagues to
the North of Surate, on a River which at eight Leagues Diftance difcharges it-
felf into the Sea at two Openings, is reckoned both among the Maritime and
Inland Cities. Here and m eighty Villages under its Jurifdidtion are made Cotton
Cloths, that are always placed amon| the Number of the finefl and moft beau-
tiful of all India. The Faftories which the Englifii and Dutch have here arc very
ancient, and fome of the firft, that thefe two Nations eftabliflied on this Coaft.
Bifantagar is almoft in the Middle of the Kingdom, where a great deal of Cloth
and Thread are made for Tranfportation. And
Ptttan is celebrated for its Manufadures, which confift in Silk Stuffs, Cotton
Cloth, Tulbandes, Allegias, and in fbme other fuch like Fabricks, that are alfo
made at Amadabatb, Brodera, Goga, Chijl, Pour, Nariaath, Vajfet, and fome other
Places } and it is from them that the Banians extradt Abundance of thofe Com-
modities, which tlie Europeans make a Part of their Ships Cargoes.
Of Cambaye.
THE Trade of this City is veiy confiderablc, and only yields to Surate, which
it formerly furpafled, till thu had reaped the Advantage of Gta's Decadency,
and the Portuguefe Ruin.
It is feated atUie Mouth of the River Carari, at the Bottom of the Gulph, to
which it gives Name, fixtcen Leagues from Brochia, and thirty from Surate; the
Englijh and Dutch have Lodges here, on Account of its Proximity to the laft,
where their principal Trade of the Grand MoguTi Dominions is tranfaded, and
where they nave their Fadories fettled, which may be almoft regarded as tfie
fecond in Point of Importance, among thofe they have in India.
The Natives of the Place, more efpecially the Banians, addid themfelves to
Trade, and carry on one commonly to Diu, Goa, Cochin, Achem, Batavia, Ban-
tam, the Coaft of Coromandel, that of Bengal, Perfia, and the Red Sea, where they
fend their Ships, but generally with £)a/f A Pilots, hired with a conliderable Salary
of the Company ; and though the Remifs of thefe Goods to all the aforefaid
Places, is a confiderable Objedl of their Commerce, yet it is nothing in Compa-
rifon with that which they tranfad with Strangers, who yearly arrive at Cam-
baye ; tlierc being hardly any Nation of India, from whence boui Merchants and
Ships are not feen here; as alfo from Mofambique, Melinda, Arabia, and the
Perfmn Gulph. The Europeans befides fend here every Mouftbn a good many
Veffels, whofe Loadings confift more in Reals, Rixdollars, Ducats, and Sequins,
than Merchandize ; Gold and Silver being the beft Cargo that a Ship can bring
to this Coaft, except Spice, which the Inhabitants here and at Gufurate cannot be
without.
The principal Goods exported from Cambaye, arc very fine Cotton Cloths, in
as good Eftcem as thofe from Bengal and Coromandel, Canvas, many Sorts of Silk
Stuffs, Tulbandes, Safhcs, Carpets, Clotli of Gold, Counterpanes of Silk and Cot-
ton, fiitchcd or embroidered. Quilts, Bed Furniture, &c. Elbow Chairs, Tables,
and other HouQiuld Stuffs, Indigo, Saltpetre, Borax, Opium, Cummin, Ginger,
Rhubarb, Mirabolans, many other excellent Drugs, Sugar, Oil, and Butter, with-
out reckoning fevcral Sorts of precious Stones found at Gufurate, or that are brought
here from ellewhere. A great many excellent Works in Agate are alfo performed
here, which do not in any Manner yield to thofe of Europe, either in Beauty or
Pcrfedion.
The major Part of thefe Merchandizes, of which the Europeans make the
greatcft Purchafes, are not thofe of which their homeward-bound Cargoes are
compofed, but they ferve for Traffick to other Parts oi India, to exchange againft
various Commodities that may fuit their Owners ; and the fame may be faid of
9 G Grain,
7S7
iir*:>:v.
) 1
^1'
7s8 Of the Genera^ TKade &f the WORLD.
Grain, Fruit, Pulfe, M Wheat, Rice, Peas, Beans, Kiffery, (a Sortofal'ca) Millet,
Barley, Oranges, Lemons, Citrons, ManM$, and Catfaos, of which the Eng/ij/jmA
Dutch carry a large Qjjantity yearly to Places where thefe arc wanting, and dif-
pofe of them there to great Advantage ; and this Remark may ferve for all that
fhall be faid henceforward coacerning the Europeans Trade in the Eaft-Indies.
9m
Of Surate.
THERE is no Place in the Afo^«/*s Dominions, and it may be added in
all the Indies, more celebrated for Trade than this. It is feated on the
River 7<»//, or Tapta, to which 5ow<j/; (lying fix Leagues from its Mouth) is pro-
perly the Port, the River being unnavigable for large vcilcls up to the City, wnicli
obliges the Merchants to unload their Goods here, and fend them dengned for
Sutate by Barks or Waggons the This City was taken by the Troops of the
Eng/ijb Eajl- India Com f tiny in the Year 1759) and ftill continues fubjedt to
that Company.
Thofe intended for other Parts remain at Siua/i in Warehoufes built with
Boards, which each Nation has here, till Opportunities offer for fending them to
their deftined Ports. Soua/i is a Sort of Encampment upon a Point of Land, or
Peninfula, formed by the Sea and the River's Mouth, which is very commodious
for a Market to furnifh the Sailors with Refreftiment on their Arrival ; this Camp
confifts only of fmallHuts, made with Reeds, Bambos, &c. ranged in Form of
Streets, durmg the fine Mouflbn, where the Natives plant their Httle Shops, filled
with Fruits, &c. to the great Convenience of the new Comers, and leaves no in-
confiderable Advantage to the Inhabitants, no Village being near, and the Eu-
ropean Companies Magazines a League to the North of this Bami^ Town.
The Houfts of the Europeans here are fpacious and mwniHcent, of which the
Eng/i/h are thofe who make the beft Figure ; and the Goods brought here for
Europe, are Cotton Thread, Wool, and Cloths j and of thefe latter, are fliipped
both white and ftained ; many Sorts of Silk Stuffs, plain, ftripcd, &c. with and
without Silver and Gold, painted and printed Lineiis, raw Silks, Indigo of three
Sorts, Carpets of Silk and Wool, others all Silk, with Silver and Gold, Aloes, Sa-
pan W ^d, Coffiie, Maldivian Cauries, (fo neceffary for the Guinea Trade) In-
cence, b-itpetre. Borax, Gum Lack, Myrrh, Terra-Merita, Red Bole, Mufk, Be-
zoar, and fometimes Ambergreafe, Pearls, Diamonds, and other lefs precious
Stones.
The Commodities of this Place fit for the Trade to Mocba, Coafts of the Red
Sea, and the Arabia Felix, are coarfe Linen, white, blue and black. Thofe for
Bender- Aiajiznd Baffhra in the Perfian Gulph, white Linens, coarfe and fine, with
a few blues and blacks. Thofe for Sumatra, and all the Kingdom oi Achem, Java,
and Macaffare, Linens blue and black, of which many more fine than (fcarfe.
For the Philippines, all Sorts of Linens, coarfe and fine, white and ftained. Car-
pets, and Silk Stuffs. In fine. Opium, for the Coaffs oi Malabar, and the other
Places in India, from whence the Pepper comes, as there is nothing better to
truck againfl that Spice.
As the greateft Part of the Merchants, Brokers and Indian Manufadurers, are
naturally given to cheating in feveral Ways; the fiaro/raw who deal with them
(hould always be on their Guard, and carefully examine the Quality, Weight,
Meafures, Gff . of every Thing they buy.
Two Ships fail yearly from Surate for the Conveniency of the Mahometans,
who go in Pilgrimage to Mecca, but they are commonly as much loaden with
Goods for the Mogul's Account, as the Pilgrims; and their Returns are <b rich,
as to make Part of the Trade of the Europeans, for the Commodities of Arabia
Felix.
The "Turks of Aden and Mocha alfo fend an annual Ship to Surate, whofe Cargo
is for Account of the Grand Seignior. And it is at this Place that the Englijh and
Dutch commonly make their Loadings for Perjia, the Red Sea, and Arabia Felix ;
and here alfo the Perfian Merchants embark with the Goods for the liime Places,
on which they make great Profits. *"' *'''""
I Very
0/ A S I A, &>c. >
Very confiderable Negociations arc made from hence and fome other Parts of
India, by Way of Exchange, and I ihall therefore mention the Premiums they are
commonly agreed at, with this Remark, that they arc not fo fixed, but that they
occafionally rife and fall as in Europe.
, The Exchange from La6or to Surate is generally from 7 to 7; per Cent.
, From Janabat and Agra 4 to 5.
Vrom AmaJabatb i to i\..
From Bengal, Patna, Cajimbafar, and Ougli, 8 to 9.
■■ . From Gokondt, and the neighbouring Parts, 5 to 6. ' '
(IV..' And for Gaa, 4 per Cent.
my>%
^K■.A\l
Of k^Ti.
759
BEFORE I quit the Mogul's Empire, it is but juft I fhould remember this
Place, which is its Capital, and the Centre of its Trade.
It is fituited in 28°, on this Side the Line, on the River Omini, or Gemma,
which falls into thtOanges. '^ ^^ -''''' . •
TlicNumbei of its Mcidant, where the publick Markets 4re kept for air Sorts
of Provifions j of its covered Bazards, where each Merchant and Artificer have
their Shops and Quarters, of which fome are half a Quarter of a League long ;
and that of its Caravanferas (above eighty in Number) fuffifes to demonftrate
both the Greatnefs of its Extent, and the Importance of the Commerce carried
on here by Foreigners and its Inhabitants, which is maintained by feveral Cara-
vans from jlmadabatb, Surate, and other Places, commonly compofed of four or
five hundred Camels, and by which Conveyance, the EngHJh, French, Dutch,
Moors, Turks, Arabians, Perjians, and other Nations fend their Merchandizes to,
and receive odiers from this Capital, as may fuit their Bufinefs.
Befides the Indigo of this City (which is the beft in the World) a large Quan-
tity of Silk Stu£fs and Linens are exported % thefe latter principally to the Weft
and North j and it is here, that all the Merchandize of Boutan and Tartary aie
brought, and where the Merchants of the interior Parts of Indoftan alfo come.
Daman, Ba^aiki, Din, and Chaoul, are four Maritime Places in the Kingdom
of Gujarate ; but all four appertaining to the Portuguefe ; they alfo were Mafters
of Bombay, between Daman and Chaoul, but yielded it up to the Englijh in the
Year 1662, in Favour of the Marriage between King Charles VL. una Catharine
Infanta of Portugal i it is a very good Port, and as fecure a one as any on the
Coaft. ■ . '
Daman is feated in the Peninfula on this Side the Ganges, and on the Gulph
of Cnmbaye, between Surate and Bafaim, from which it is equally diftant ; its
Situation, and the Goodnefs of its Fortrefs, as alfo the Importance of the Trade
carried on here, makes the Portuguefe regard it better than any other Place they
have remaining in India, although the Bufinefs oi Bacaim hardly yields to this j
yet that of both the one and the other, as well &s ol Diu, is confiderably de-
cayed, fince the Englijh, Dutch, and other Nations of Europe, have brought Surate
into fuch Reputation } and the Portuguefe loft, as one may fay, the Empire of
India, of which they hadPofleflion for an Age.
Diu, which has the Reputation of beiag impregnable, has always been, and
ftill is, the ftrongeft Place the Portuguefe have in thefe Parts 5 it was here that
they formerly kept; their Fleets j and it was alfo here, that the Moorijh Veffels
were vifited, and took their Paffports to fecure their Commerce j fo that there
was no Place from whence the King of Portugal drew a greater Revenue, either
by the Cuftomhoufe Duties, or th« Produce of the Vifits and Paffports.
>^.-t
■f- (I
Of the Trade of Laffa, or Boutan, and Chaoul.
nOUTAN, an Indian Kingdom, bordering on the States of the Grand Mo'
■O gul, is a Country very little known ; though there is a Caravan of Mer-
chants, who yearly let out from Patna (the greatcft City of Bengal j at the End
of Dicember. This Caravan arrives in eight Days at Gorrochepoar, the laft City
of
1-
I; ty^
IM:
760 Of the Genlral Trade of the WORLD.
of tiie Mogul, where ihe Merchants take Prcvifions for the PArt of their remain-
ing Journey 1 froin thence to die Foot of the NaugroctI Mountains, is eight or
nine Days pitinful Travel, which Mountains are eight or ten Days getting over t
and as they are very rugged, the Inhabitants, who retire here, and are half Sa-
vages, cx>me to offer themfelves to Paflengers, for the Carriage of them loid their
Merchandize, to the Foot of the Defcent. Thft Provifions and Goods are loaden
on Oxen, which carry about an hundred and fifty Hounds Wc'<; ht 1 and the Men
pafs, feated on a Sort of a Cufhion, which thofe poor People nx on their Backs,
and three Women commonly relieve one another in carrying a Man this little
Journey ; on leaving the Mountains there are Oxen, Camels, Horfes, and even
Palanquins, for thole that chufe them, which Tras^ellers do not quit till their
Arrival at Boutan.
A very great Trade in Muflc is carried on in all the Country of i3o«/<;fl;
and it is here alfo, where the fineft Rhubarb (is found ; here likewile grows the
Semen contra Vermis, (or Wormieed) and the Country abounds greatly in Mar-
tens, (o that very fine Furs are to be procured here, but little Gold is to be
met with in the whole Kingdom ; and that which is here, is brou^h: from abroad
by the Merchants who come to trade. In regard to Silver, it is believed here
are fome Minctt, and that it is from the ProduAs of the Country, that the King
oi Boutan Aamps his Coin, which is of the fame Weight and Value of the
Roupies, of an 0£tagon Shape, with Characters that are neither Indian nor
Chineji.
Their fole Manufactures are coarfe Hempen or Cotton Linens, with which
they clothe themfelves in Summer; and ill made Cloth, hardly better than Felt,
fervcs for their Winter Clothing.
Cbaoul, or Cbaul, is a City, as I jull now mentioned, belonging to the Portu-
gue/e, which on their Arrival, odd Lidtan Conquefts, they took from the King
ofJMan; its Trade is very confidfcrable, but much lefs than it has been for-
merly; it is above all, famous for its Silks and Silken Manufadhires, with which
it almoft entirely furnifhes Goa, as well as a mat Part oi India.
A great many Ciina Ships come here, wim the Produ^ of that Country, and
take Spices, which turn to a good Account. The other Fabricks carried on here,
are all Sorts of Varnilh after the Ciinefe Manner, and divers Works of Lack of
all Colours, which nearly approa9h in Goodnefs to thofe of Ciina. Here ore alfo
Plenty of Oxen and Cows ; alLSorts of Fruit and the other Products of the Earth,
exccjpt Grapes, Walnuts and Chefnuts.
I nave mentioned the City of Caboul, in treating of the Trade o£ Grand Tartary,
Co have nothing to add about it here.
IK • '...
.if
* -4
i^-^
Of the Commerce of the Coafls of India and Malabar.
'T*HAT Extent of Coaft, which runs from the Frontiers of Gufurate to Cape
*• Comorin, are called the Indian Coafts, in which are found the Kingdoms
of Decan, Cuncan, Canara, Malabar (which -alone contains at leaft eight or ten,
and among them Cananor, Calicut, Cranganor, Cochin, Porca or Porcati, Call-
coulang and Coulan.J Of all which Coafts the Portugueft were for a long Time
Mailers, it being from hence that they begun their Dilcoveries and Conquefts in
the Eajl-Indies, as Calicut was the firft City where they landed, and Cananor the
Place where they built their firft Fortification, which was followed by others al-
moft in every Maritime City of thofe little States ; but when their Affairs be-
gan to fall into Decay in the Eaft, they abandoned and razed that Part of them
which they deemed indefenfable againft the Dutch, who drove them out of the
beft, and among them Cochin and Cranganor, which thefe latter took in i66i,
the Portaguefe having only been able to favc Goa, and a few other obfcure and
notelefs Places.
Decan is the firft Kingdom on this Coaft after that of Cufurate, which for
a long Time was a Province of the Mogul Empire, as well as the other, though
at preicnt it is only tributary. Its Sea Ports, where fome Trade is tranfaCted,
are Geytapour, Rajapour, Carapatar, Dabul, and Sifardan, which cenfifts in Silk
Stuffs,
0/ A S I A, ^c.
y6i
Stuffs, and Cotton Cloths fcnt by Sea to Surate, or what the Inhabitants of
Decan tranfport by Land into the Territories of the Mogul, thofo of Gektnda,
and as far as Coromandcl \ and in this Kingdom it is, where Pepper is firft met
with.
Rajapour is a City built in the Lands of Sevagy, that famous Rebel, who for a
long Time biiTicd all the Forces of the Great Mogul, and the King of f^ji^^oi/r
his Mader. It is about twenty Leagues from Goa, and produces Saltpetre, Linens,
but above all Pepper, which is gathered here in Abundnnce.
Balagaie, a Kingdom ol AJia, in the /W/oa Peninlbla on this Side the Ganges,
makes a Part of that of Dican, and produces a Quantity of Silk and Cotton ; here
alfo is found excellent Lack, as good as that of Pegu, Areque, Rice, Betel, in
which the Europeani drive a confidcrable Trade. Tne Diamonds extraifted from
that which the Portugue/'e call the old Mine, are very much eileemed, elpecially
thofe to which they have given the Name of Nayffez, or dwarf Points bccaufe
they are naturally brillianted : Here are alfo Amethyfls, Crifolites, and thofe
Stones which the Lapidaries cull Hematites.
Cuiicaii, wiiich fume make a Kingdom of itfelf, and Others place it among
the Provinces of Decan, is noted for the City of Goa feated in it, bcfides which
it has ncvcrthclefs four otlicrs, viz. Vifapour, Sal'iapour, Paranda, and ff^ingurla,
where fome Tratlitk is eftablifhcd, n all Things fimilar to that of Decan.
Goa is the Capital of what the Portuguefe poflefs in India, taken from the
Kxngoi Decan in IC20, by Alphcnfo Albuquerque, and continued ever fmce in
their Poffeflion, as they have always fuccefsfullv defended it againft the moft for-
midable Powers of this Part of India, and ftiU guard it with on extreme great
Jealoufy againft the Enterprizes of the Dutch, who having taken from them
almoft all their other Places, found this at lead as convenient for the Trade of
Surate, as all thofe they poflefs on the Coafts of India and Malabar. This fa-
mous City is feated in fifteen Degrees fix Minutes Latitude, in an Ifle which the
Rivers Mandoiia and Guani, form at their Entrance, and is the Refidencc of a
Viceroy, who had formerly five large Governments under his Jurifdidion, viz.
that of Mofamlnque, Ma/cate, Ormus, Ceylan, and Malacca ; at prefent his Autho-
rity hardly extends beyond Goa, and the Commerce, which v\e Portuguefe carry
on to Indiii, is nearly reduced to that of this. City ; and even this is fo trifling,
that one Merchant tolerable rich, and in Credit^ might with one Ship only main-
tain it to Lijbon and India. 1
80 that Goa no longer fupports its ancient Reputation, the Banians, which for-
merly carried on all the Trade, being moved to Surate, and by their Retreat com-
pleated the Ruin of that little Commerce, which had efcaped the Enterprizes of
the Dutch, the Cruizes of the Malabar Pirates, and, if one may be permitted to fay
fo, the Slothfulnefs and Indolence of the Portuguefe thcmfelvcs, among whom, for
a long Time paft, has not been found fuch valiant Men, as under the Gamas, and
Albuquerqiies had made all Afia to tremble j nor thofe able and enterprizing Mer-
chants, who had carried their Commerce as far as the Ariftick Circle.
Thofe Traders, who ftill remair at Goa, continue to load fome Cargoes for Perfia,
Pegu, Manillas, and Macao ; but befides that the Ship's Loadings commonly belong
entirely to the Indian Merchants, there is hardly a Portuguefe rich enough to pur-
chafe a Cargoe of two thoufand Pounds Value, infomuch that in all India they
fcarce trade for fifteen thoufand Pounds.
Their bed Returns are thofe from Mofambique, altho' very much diminiihed, ei-
ther by the Lofs of Mombaze and Pate on the Coaft of Melinda' to the Arabians, or
becaufe the Negroes do not bring Gold or Ambcrgreafe here in fuch Quantities as
formerly, thro' Fear of the fMArabians, who ravage all the neighbouring Country.
The little Gold, which the Portuguefe draw from Mofambique, is difpofed of at
Diu and Goa, from whence it feldom goes out again, being here converted into a
Coin nominated after St. Thomas, and worth about 5/. b d. Sterling.
It is commonly believed that what has complcated the Ruin of the Portuguefe
Trade in India, (which, with the Places they ftill poflefs there, might yet revive)
is each Governor's interefting himfelf a Share in the Commerce of the Place he
commands at ; and that Merchants no longer enjoying the Liberty they once
did, dare not undertake any Thing conflderabk in it.
9 H There
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762 0/ the General TrAjjb ^ th^: WORLD.
Thenii* however 9 Tribunid tftahtHhed M G«rt< la jiulgc and determine tfi«
Aflfkirt of a Company, which for a large Suat obtained luinc Yeiirs ago ap cxcltl-
fiyc Grant of ^hv I'rade from Mojambique, Monbaz, Macao, and other ('l^6ill
in /»dlw, apuertaininff to the Oow'h of Portugal, though I am ignorant honr It
profpers, and it is to be doubted' Whether the laid Aducution has not dune more
Harm than Good, to this CapSthl of th« Pcrtugur/i in the Indlen it is however
from henoe ooly that this Nation a^ permitted to load for liengal and Chiha.
Batttala, the Metropolis of a little AHan Kiotdom in the Peninful^ on this Side
the G<i;i^», to which it has given its Nainer owriw on 4 very twnndcrabte Trade,
almoA an tranfadlcd by Jews i it confilH priheipally in Rice, which produces here
two Crops yearly, diAinffuifhcd by fio left than four different Sorts, of which
the firft and bcA is called Grarof^Ai the iccondytfw/»f<f/i the third Ctf/r^f art
and the fourth Pacbareli each of a diffiiitnt Value, accorditjg tq its Quality. TKe
other Commodities of this Place, are F'bNvder Sugar, Mirahulans, andSweatmeatt
of all SortSk The Rice and Su'^r sre oiportcd by the Ships from Qrmvs i atrd
the Mirabolans are lent to Pet^a anAjltvbiax a large 'Q^taotity of Chopper finds
Vent here for the making Money, and Kitchen EuwHvrc^, . .
" 'CyMlilabBr.
T Have before obferved that all this Part oi India, which from a common Name
IS
called Malabar, was divided intb feveral linall State, A'ith the Title of
Kinedoms, that thev almofl all htn, though they have particular Names to diAin-
guiln them} of which I (hall give fbihe iWrcount, or at^le^A of their chief trad-
ing Cities, where tho Europeans ho!re'S«ttleaMnUfrom«^ ^q C^pe Cosporin, a^er
having faid fomething of this Trad^ in general. jy
>W. The Air is good on all the CoiA 'oi Malabar, and iJicrois hardly a Country
in yljia more fertile} the black and white Rico, fhich makes a Part of -its
Trade (and probably tb6 moft confidertlble one) is gath^ercd here (aS !«^ove men-
tioned) twice a Year; and befide^ ft<)gaiitity of excellent Fruits, which ferve.for
the Shipping's Refrelhment} here may be loaded aQuantity of Cardamoms, Cmna-
mon. Betel, white Areque (and red lor Dying ;) bu: above all Pepper, of which
vail Parcels are annually exported.
There are feveral other Ptirts in India where this loft Commodity is produced,
but it no where grows iil greater AbUnklance,, or of a better Quality than on this
Coaft, from Vijapour to Cape Comor/n i the largcA Berry comrs from f^ifapour and
Canara\ all other Places producing the Grain of a leHcr Size, though thele are
moft efteemed by the Indians, who come ,here to fupply themfclves with it.
The Cardamoms are gathered in the Kingdom of Cananor, on a Mountain £x
or feven Leagues from the ' Sea, which it is believed is the only Spot in the
World where they are foundi' a ftw of them are tranlported to Europe for Me-
dicinal Ufes, and the xt^x&btSaiPerJiai tni Arabia i where the Rice is never
thought good, till feafoned With'&ns iigrceable Spice.
The Cinnamon is not near^^food at that of Ceylon, and but little of it left,
fince the Dutcb rooted up what grew it'Cec6ie\i . and the ^ctel is only proper for
theEaft. - , .
Mirzeou, is the firll Place Vsf die Koogdom o( Caaofa, near the Prontiet-s of
that of Fifapour, about eighteeh -Leagues to the South of Goa \ the Parttmieje
had here one of their moft ancient Fortificatioos. but the Canarins took it from
them in 1662, after a Defence which neither did Honour to the Beliegers or
Befiegcd. •. "-•• ,1^ ,, ■■•^; ' ri v. ■ ' '• '"■■
Mangalor, which is eighteen licflgues fifotn BiUipatan, and Baca^r nine Leagues
from hence, arc the two principal Places oiCanara, as well for Trade as the Good-
nefs of their Ports. Pepper, and black and white Rice, are the chief Merchan-
dizes exported from thefe two Cities, the Trade, of this laft Commodity being (o
great at Marigalor, as to load ftfty erfiiitjL-jyeflfls with it yearly.
. Onor is a fmall Kingdom of fi^a^ar, where ifw-iPBr/aFaj/l have a Faftory, and
purchafe almoft all the Pepper gathered here, whickfhas the Reputation of produ-
cing the beft and heavieft in all India. Here may be fhipped off about eight thou-
fand
LD.
i determine di«
Is ago ai^ cxciu-
Id other pli»tt»
bnorant hou^ It
niot done more
\i it is however
J and Cilha.
Irul? on this Side
Ifidcrable Trade,
Ih produces here
ports, of which
I third Canacar ;
Is Quality. TKe
land Sweatmeati
fm Qrmvs j atrd
of Copper finds
common Name
h the Title of
Names todiftin-
thcir chief tr^-
)c Coiporin, after
irclly a Coyntry
:s a Part of 'its
(as ;»Kovc mcn-
which fcrvc for
lamoms, Cimia-
ppcr, of which
lity is producfcd,
ty than on this
3ni Vlfapour and
IiQugh thefc are
es with it.
a Mountain fix
nly Spot in the
Eurojie for Mc-
le Rice is never
ittle of it left,
)nly proper for
»e Prontirt-s of
the PorttiTuefe
took it fro:n
e Befiegers or
'nine Leagues
: as the Oood-
liefMerchan-
adity being (o
Pz&oty, and
ion of produ-
t eight thou-
fand
0/ A S I A, &c,
fond Quintals yearly, bought of the King of Baticala, who it alfo Sorereign here,
and muK be paid for fix Months before the Crop, uthcrwifc the Fadtors will re-
turn without it. A Quantity of Rice ia alfo extraded from hence for feveral Parti
of India.
Ctinanor ii one nf the largeft Kingdoms of Makbar, and tho' it yields to CaUeut
in Extent, it greatly exceeds it in Trade and Number of Inhabitants, ^ts principal
maritime Plates are Hilipatam, Tramapatam, aiul Cananor the Capital, to which it
has given Name. Tlie Portugueft for a long time prelervcd here tne 6rft Fort t^ty
built in India, but lod it with Locbin in 1602 1 from which Time the Dutcb v. o
took it, remained in a manner Maflers of the Trade of this Part of Makbar,
which has not lefs than twenty-Ave Leagues of Coail.
The Cioods cxtradlcd from hence are Sugar, Pepper, Ginger, Cardamoms,
Areque, Elephants Teeth, Caflia, Honey, and Ambcrgreafe, found at Cape Conn-
rirt. Here is fome Trade carried on in jewels, as Granates, Saphires, Hyacinths,
Rubies, TopaiTes, and particularly a Stone nominated among the Europeans
from the Place of its Produce Cananor Stone, of fome ufc in Medicine witn the
French. It is aflcrted, that upwards of two hundred Veflels come here yearly 1
and tho' a confidcrablc Trade is carried on in the abovementioncd Commodities,
it is certain that Rice, in which this Kingdom fo much aboundb, is the chief Load-
ing of them.
Caok is a Village one League to the Southward of Cananor, where very fine Li-
nens arc mades and a little htxhcv Tremapatan, renowned alio for its Bazar, Mer-
chants and Linen.
Bikpatam is a City of Cananor, where the greateft Prpper Trade is carriad on j it
is large, and inhabited by rich Mahometan Merchants, being feated on a fmall
River, three Miles from the Sea. The Englijh have a Settlement here, and load
a chief Part of the Pepper they fend to Europe,
Tilichery, called by the French TUceri, is four Leagues from the lafl; mentioned
Place, three from Cananor, (tho' Mt.Eachard puts it down thirty Miles) and only
one from Tremepatan. Tho Eng/ijb have a Fort here, and Prince Onifri gave the
French Permifllon in 1670 to tranHatc their Factory from Biiipatan here. Its
Trade is the fame, as that of the above-mentioned neighbouring Places^ with the
Addition that here is found fome Sanders* and from this Kingdom is (hipped a
^eat deal of Pepper for Perjia, Bajfora, Mocha and Ma/cati, at which Places the
unalleft Grain is in greateft Eftecm.
Calicut, called formerly the Empire of Samorin, is the largeft of all the King-
doms on this C6aft, and the Title of Emperor, which all other Princes give to
its Sovereign, feems to acknowledge a Superiority ; yet in reality all the petty
Kings of this Part of India, are wholly independant one of another.
This Kingdom extends from Pudepattan River to that of Cranganor, being about
thirty Leagues of Coaft, and was once a Place of the greateft Trade in India, as
well on Account of the Refort here of foreign Merchants, as for the Commerce and
Navigation that its Ships maintained with the moft celebrated Cities of Ajia: But
firft Goa, and afterwards Sarate carried away the Bufinefs from it ; bcfidcs the Coaft
being bad, and Inundations very frequent, have not a little contributed to drive its
quondam great Trade from hence, though here ftill remains a tolerable one.
The Englijh, French and Dutcb have Settlements here, and though it be the
Capital of the Samorin Empire, yet the Court removed farther within Land, and
thereby occaiioned a confiderable Diminution to the before decay lugTr^c of this
Place; its Bazar is neverthelcfs one of the baiuUomp^t of ^^^'^M^^?S^^^Z
four or five Streets always full of rich Goodsi of wbicli the c^uj^c l;|epp^r i^finc
Linen } natural Salt-petre, illat wants but little Purification, and wfiichi is found
in plenty all over the Kingdom, particularly on the Side of Sirinpatan ; Sanders i
excellent Rice, which hera as well as on all the reft of this Coaft, is not on^e of the
leaftObjcfts of Trade. -
The Sand of the Sea Shore on the Coaft of Calicut, efpecially at the River's
Mouth, is found mixed whh Grains of pure Gold, by wmcb many poor People
find a comfortable Subfiftance, though the Grains are commonly very fmall^
763
[.■<-,-":^i,.
P
^ ' t
:'i"i
764 0/ the Oenerai. Trade 0/ t/jc WORLD.
Tamr ji the chief trading I'laco of a very little Kingdom, from which it is d«- ^
nominated, and whofe King, though hix Dominioni arc hardly ten League* (^uure, ,
ii as much a Sovereign as ti Samorin liiinlcit,
This City, if it may be tailed fo, is five Leagues to the Southward o\' CalUut \
it has only an open Road witho\it any PJvcr, and the Inhabitants ufiti Haxar arc
rich Miihomttiins I this Nntii-n is at Knmity with the Dulcb, but llrongly allied
with the Pertugufji, and the Frtrtrbwere well received by them in 1^72.
Cranganor, (hetwccn Timor and Cochin) is but a very (mall Kini'ilom, where
not^erthclcfs the Portu^ufff had a confidcrablc Fort, which was calkd Cianganor
of the Portugueje, to dilUngtiifh it from the Cranganor oj tht ALi/aian : 'I he
Dutch took It in ififts.
Coihin, another Kingdom which commences where the Inft mentioned ends,
had two Capitals diflinguifhed like thofc of Oanfionor, and Cochin of the Portu-
gutj'e, and was alfo taken by the Dutch in 'fitnuary \()bj.
Porco, Pfrcatti or Prrciits, comes next 1 and afterwards Cti/icou/nug, and Ceu-
lang, which are the laft Kinpdfms o( Malaiar. The Englijh and Dutch )\z\o
their Fadlorics in the chief and l>clf Places of thcfc petty Kingdoms 1 and the latter
have Forts at Coulang and Cochin, to fecure the Pepper Trade which in very con-
fidcrnble here, and which their N'cfl'cls yearly load in palling, contiiming their
Route to Surate, Ptrjia, and the Red Seu, where thty difpofc of the major Part,
in exchange for many rich Merchandi/cs, that all thcl'c Placcv produce, and which
they bring afterwards to Jintii'viii.
The TrafRck ofthefc fix little Kingdoms is but little different from that of the
xt^oi Malabar, though here are notwithflanding foinc natuiid Prodiidlioiis, that
are peculiar to each of them, and not to be fuund in the others > which in Ibine
Meafure varies the Trade. In general the Exports trom bancx are Popper, Car-
damoms, Laque, Ginger, Tamcrinds, Opium, Ambcrgreafc, Rice black and
white, KifTeri and Cayang, (a Specie of Pcafe) Sanders, Saltpetre, aid Linens of
diverfe Sorts, though neither fofine or well painted is thole about Hurate, of wiuth
1 have already fpokc ; nor thofe of Ctromandtl and Jienga/, of which I fliall treat
hereafter.
Ccv/ang is a Kingdom in the Peninfula of InJta, on the CoaA of Malahar, whole
principal Tra . confiits (like thofe before defcribed) in Pepper, which the European
Ships and Indian Junks come here to load ; and there is on the Coail a Filhery for
Pearls, pretty conflderable, which belongs to the King.
i
Of the Coafi of the Felcheric.
'X* HIS Coaft (properly that of Madura ) called alfo the Pearl Coafl extends it-
■■■ fclf from Cape Camori (or CamorinJ to Negapatan (or Nagapatnam) being the
firft Part of Coromandel. It has before it the Jfles oi Manar and Ceylan, and it is
in the Streights which feparates them from the Continent, that the I'carl Filhcry
is carried on.
The inland Parts of this Country arC' arid and almofl barren, where none of
thofe Legumen, or admirable Fruits are gathered that render Life fo commodious
in all India \ except a little Rice, hardly fufficient for the Inhabitants ; fo that it
is only for this fiihing of Pearls, that keeps the Natives here, and gave Birth to
that Knvy in the Dutch againft t)\c Portuguefe,
Tutucorin is deemed the Capital of this CoaA, though lefs for its Grandeur
and Beauty, than for the Fiftiery of Pearls carried on here, and bccaul'e its In-
habitants arc the mod expert in it j thofe alfo of Calipatnam arc in Eilecm, and
thefe two Towns furnifh the grcateft Number of Boats. The Portuguefe fettled
here on their firft Arrival in India, and the Dutch took it from them in 1658,
and have kept it ever fincc, (haring this marine Treafure with the Sovereign of
the Country ; all the Oyfters taken b<ine puhiickly fold as £dou as the Filhory
is over.' • -i^ii;.-:'. «;i»..0 itij djuom ,9onx.liiiclua sWu .
Of
LD.
jwhicli it ia dt-
|Lc)iguc4 fi^iurc,
finl oi' Cti/uut I
if iti lUxir arc
(Irungly allied
■ill 107^.
|nL'iloin, where
illtd Cninganor
\Iiiliibars : 'I he
icntioncd endj,
t« of the Portu-
\lang, and Cou-
ind Dutch havo
i ami the lattcr
ich is very ton-
lontinuing their
the iiiujor Part,
;liicc, and which
from that of the
odiidtions, that
v\ liith in Ibme
re Popper, Car-
Rice black and
a: d Linens of
)>urate, of wJiith
lich i ihall treat
Malabar, whole
ch the European
»all a Filhcry for
oafl: extends it-
tnamj being the
Ceylan, and it is
ic Pearl Filhcry
where none of
fo commodious
ants } fo that it
d gave Birth to
•r its Grandeur
became its In-
\n. Elleem, and
irtuguc/e fettled
them in 1658,
le Sovereign of
as the Fi/he7
0/
0/ A S I A, ^c.
Of tin CoaJI •/'Coromandel.
'T* HIS Coaft begins at the Point of NrgatatoM, where that of the Ptfihtrit endi;
*■ and reaches to the River Na^unJ, and the City of Ma/ulipatan } though fome
give it a greater Kxtent, and contmuc it to Bengal.
The Trade carried on by the Eurobeans here, is vety confiderabic, where they
have all great Settlements, Forts and Fadorics ( having been invited thereto by the
GoodneU of thia Port and Roads on this CoaA, which are the bed in hdia, and
arc a great Refuge to their Ships, when during the bad Moufon, they are obliged
10 quit the Coaft of GuJ'aratt and Malabir, as they cannot remain there in
Safenr.
Tnc chief EAablilhmenti which the Eurobtans have on this Coa(l, are Madras,
or Madrajhatnam, Ptitepollte, CoHnimeer, Mttcbtepatam, yizagaftatam, and Mad-
dabollam (N. B. Putnam means a City in a// tie Peninfula on this Side theiinn^ci)
belonging to the Englijh \ Pondicberry, ap|)crtaining to the French > Nagabatnam,
Nijipatan (otherwife Portapouiij Teguenapatnam, Sadraipatnam, Majisiipatnam,
Datkeron, Bimilipatnam, Narueruantze, Conjemere, and Paliacate, poflelTed by the
Dutch, and 'Tranijuekar by the Danes. I might here introduce St. Thomas, as a
Portuguiji Fadlory on this Coall, being the Place where they tranfodl their Trade
from Coromandel, but this Nation has no Fortification here, as the others have at
the Places aforementioned.
Madras is fcated in the Latitude of thirteen Degrees, ten Minutes (Mr. Charles
Lockyer fays thirty Degrees) North, and an hundred and two Degrees thirty Mi-
nutes of Ead Longitude, and after the Dutch had Ihut the Englijh out from Ban-
tam, became the Refidence of one of the Company's two Prefidents in thcfe
Paru, and is now regarded aa the Center of its Trade, either with Europe or
India.
From four to fix Ships is the common Number that arrive here yearly, diredlly
from Europe, and much the fiune in Return, loading with the Goods of the Coun-
try, and tnofe colle£ted from their other Fadtorieu on this Coaft, or whal their
Trade in India has brought here, which are Silk Stuffs, Silk and Cotton Handker-
chiefs, Cotton in Thread and Wool, Indigo; all Sorts of Muflins and Callicoes;
MaJ'ulipatnam Cbints, reckoned the moll beautiful made in the Indies, and the
moll efteemed in Europe ; Diamonds and other precious Stones from the Mines of
Golconda, £cc.
A Trade is carried on from hence by the Fa^ory, to all Parts eallward of the
Cape of Good Hope, as to China, Manill", Batavia, the Coafts of yai<a, Jahore,
Malacca, Sltfeda, Pegu, Arracan, Bengal, Siam, and all the Coromandel Coaft, with
Achen, Priaman, Indrapore, Btncoolen, Bantall, ficc. though the China Voyage is the
moft defirable one, on Account of tlie Returns in Gold and fine Goods ; out the
Company having for fome Years pail lent Ships diredly from England there, the
Advantages of a Trade between that Country and Madrafs are greatly diminished ;
and thkt to the Manillas, is of two Sorts, the one carried on by the Englijh Mer-
chants fettled on ihc Coromandel Coaft ; and the other by the Traders of the fame
Nation from Europe, but both muft go under foreign Colours, thofe from hence
under Iri/b, and thofe from thence under fome Pagan, the Spaniards admitting
all Nations whether from Ewopt or India, at the Manillas, in their own Ships, and
under their own Colours, except the Englijh and Dutch, who arc denied this Pri-
vilege } the latter for their Attempts to uoke them, more particularly for their En-
tcrprizc againft them in 1649 ; though the Prohibition to the Engli/h, is unme-
rited, at leaft for any thing 1 ever heard.
Few or none of our Nation value themfelves on the Irijh Enfign to go there di-
redlly (this Trade being regarded as illegal here, though permitted there) fo that
they are generally fupplied with our Goods, by the other Method open to them ;
the Goods fcnt from Madras there, are long Cloths, or white Cotton Cloths, o(
feventy two Cobdes in Lengt,h, and two and a Quarter broad ; others of the fame
Lengtti and Breadth much finer ; the fame Specie, common Blues ; white com-
mon Salempoures ; and the fame blue ; various Sorts of Percales, white and blue j
common Cambayes of Madras, and Bengal; Mongonpous, Bengal TafFcties, of
q I red
76i
^
\
■k: 'I
If*/ •?
hi i
1
t»o"'
Fi: ;'
766 0//y&^ General Trade 0/ tk WORLD.
red and mixed Colours, Soufies, common and fine Hclela';s, Mdchahatan Sattins,
LampafTes, and Chites, or painted Linens; Guerafl'es, and raw Silk of Bengal.
Bcfides which Induin Commodities, the Englijb iend a great many of the European
ones J fuch as Ca.nblets, Cloths, Serges, Hats, worfted Stockings, Cryltals,
Flanders Lace, Perpetuanas, ^c. and when a Cargoe is intended for the Manillas
from Europe, fome good Grave's Claret, and Nantz Brandy in Bottles fhould be
added, as this finds an advantugcovis Difpatch among our Countrymen at Madras,
or if carried on, among the Spaniards at the Philippines. The Commodities
brought back to our fuid Settlement on Return of the Voyage, are Dollars, Brim-
ftone, Leaf Tobacco, ^c. and fometimcs they touch at China in their Way home,
and there truck the Merchandize they got from the Spaniards againft Gold, as
this leaves a great Profit.
But lately the Gentlemen at Madras have feiit their largefl: Ship: fo Mocha,
Perjia, and Surate, with Bengal and China Goods, calling at feveral Ports on the
Malabar Coaft in their Way, efpecially at Calicut for Pepper, Coaco Nuts, Coyr,
Cardamoms, Nux Vomica, Turmerick, Coculus Indi, iSc. and Rice is often a
profitable Commodity in Mocha and Perjia, as I have before obferved.
A Man with a fair Character may cafily find Money here on his own Perfonal
Security at Bottomree, or Refpondentia, to what Port Ibever he be bound, at the
following Rates, viz.
To China, 20 or 25 per Cent. China and Perjia 40 to 4;. Bengal 16 to 18.
Achen 16 to 18. Batuvia 20. Pegu 20 to 25. Batavia and Sural 35 to 40.
Manilla 30 to 35. Surat 25 to 30. Surat and Perjia 35 to 40. And Mocha
30 per Cent.
Pondichen- is feated in the Territories of the Prince oiGingy, at twelve De-
grees of Latitude, and an hundred and fourteen Longitude, where the French
have a very ftrong Fortification and well garrifoncd, as wc lately experienced to
our Coftj their Warehoufes here arc large, and the Goods with which they arc
commonly filled, deftincd either for Europe, or the Commerce of India, Perjia,
and the Red Sea, are collected lefs from Coromandel, than from Bengal, Surat,
and the Coaft of Malabar, where the French Company's Ships go to load them ;
there is notwithftanding a Quantity of Cotton Cloth made here, and in its Neigh-
bourhood, both white and ftaincd, with Muflins, Silks, &c. all which Commodities
they load for Europe^ und make their Cargoes to confift of tlic fame Goods as the
Englijh.
The Coromandel Trade is one of the moft important to the Dutch, of any they
carry on in India, as may be judged from the great Number of Settlements which
they have on this Coalt, and even in the Capital of Ge/foW./, of which I have above
mentioned the chief; although a few Years preceding the End of the fcventeenth
Century it was become as a Sort of an Expence inftead of Benefit to them, by the
gr'jat and continual Impofitions of the Moorijh Rajas, which feemed not to be dif-
appi oved of by the King. This bad Ufage obliged them to arm for obtaining the
Satisfadlion which they thought due : They took Mafulipatnam, and by that obliged
the King of GVtoWtf not only to confirm their ancient Agreements, but to add
thofe that were more advantageous -, and. alfo to afcertain in a better Manner, the
Cuftoms on Imports and Exports, which the Rajas who formed them, of their
own Government, only levied according to their Pleafure, or cxadtcd in Prefcnts,
near as much as the Company could benefit themfelves, on the Goods they fliip-
pcd or delivered there.
Three of the moft advantageous Prerogatives that the Dutch now enjoy in the
States of the King of Golconda are, firft, that no Merchant with whom the Chief
of the Fadlory is in Treaty about Bulinefs. fliall be molcfted either in Perlbn or Ef-
feds, even for the King's Affairs, till previoufly the Company be fatisfied in all
their Pretcnfions on the faid Merchant. Secondly, that the Weavers, Painters,
and other Workmen employed by the Company, ihall not be interrupted in their
Labours, altlicugh for the King's Service, till they have complied with their
Contradls j and thirdly, that they Ihall have Liberty to employ what Brokers
without being obliged to take thofe
they pie
Rajas.
jugmg
Ling
Ami
RLD.
chiipatan Sattinj,
Siik of Bcvgal.
of the Europcun
kings, Cryltals,
for the Manillas
iottlcs fhould bu
nnen at Madras,
le Commodities
c Dollars, Brim-
their Way home,
againft Gold, as
Ship: to Mocha,
ral Fortb ^n the
Mco Nuts, Coyr,
i Rice is often a
ved.
lis own Perfonnl
3e bound, at the
Bengal i6 to i8.
iiurat 35 to 40.
0. And Mocha
y, at twelve De-
'herc the French
y experienced to
1 which they arc
of India, Perfia,
n Bengal, Sural,
50 to load them ;
ind in its Neigh-
ich Commodities
mc Goods as the
itch, of any they
:ttlcments which
lich I have above
f the fcventeenth
t to them, by the
led not to be dif-
fer obtaining the
id by that obhgcd
cnts, but to add
tter Manner, the
li them, of their
dtcd in I'refents,
-loods they fliip-
now enjoy in the
whom tile Chief
ill Peribn or Ef-
bc fatisfied in all
:avers, Pamters,
errupted in their
plied with their
oy what Brokers
to tlic King or
0/ A S I A, ^c.
And they have likewife another Privilege which they enjoy in common with the
other Europeans, and that is not to pay the Duty of Chappamlallaf^, that is mark-
ing the Linens, which to the Natives amount to twelve per Cent.
The Goods which the Dutch carry to Coro/nandel, are principally Spices, Silver,
And Japan Copper, Mine Gold, Malacca Pewter, Quickfiiver, Lead, Vermillion,
Cainphire, Elephants Teeth, Sanders, Siampan, European Cloths and Stuffs; for
which they barter Linens and all the other Commodities before fpokcn of.
Golctnda, which I have fo often mentioned in fpeaking of the Trade tranfadled
on this Coaft, is the moft confiderablc of all the Kingdoms in this Part of India,
either for Extent or the Bufmefs that Strangers negotiate here, or that its Mer-
chants carry into aM Parts of ylfia.
Befides the ancient Domains of the Golcondnn Kings, it is encreafed by a Part of
BiJ'nagar, and Orixa, this confining on Befjgal, and the other ^•Jeighbour to the
Mogul, Icparatcd by Mountains from Malabar.
This Kingdom is principally celebrated fo; two Things, viz. the Port of Ma-
fulipatnam, and the Diamond Mines, which have been difcovered for above two
hundred Years, and produce great Quantities of thofe precious Stones, The ma-
jor Part of the Country of Golconda is fo fertile, that it commonly produces two,
and fometimes three Crops of Rice in a Year, fo that this Commodity makes one
of the principal Articles of its Trade. The Cotton Cloths, and an-,ong othei s, the
painted ones of Mafulipatnam j the Salemoouris, Percalles, T.a the Betilles of
Golconda and Ragamanaraca ; the Dongris of Tatepaque j (called Dougrais of PetaJ
and the fine Betilles of Nafapori, and of Condepouli, are not chc fmallefl Objefts of
Trade ; and it is an inconceivable Quantity that is yearly trtnfported to all Ajia, and
of which too many are brought to Europe. The Commerce of thefe Linens pafs
entirely through the Hands of Pagans, Natives of the Country ; though confined
only to thofe among them called the Banians, who compofe the third Clafs or Tribe
of thofe Idolaters, and v/ho are all Merchants, Brokers, Faftors, or Exchangers.
The Inuigo of Golconda hardly yields in Quality to that of Lahor, though it is
not fo good as that of Agra 5 it is chiefly cultivated at Condepouli, Mafulipatnam,
Sadrajpatnam, Gelapoudi, and Efcoines, from whence tlie Dutch ufually fetch it to
:"li at Chaul and Dabul to the North.
Cryllal, Granates, Topaflcs, Agates, Amathyfts, Bezoar, Betel, Rice, Steel,
Iron, and a Plenty of Refrefliment for Ships coming there to trade, do alfo con-
ftitute a Part of their Commerce, which is fo advantageous here, and at the other
Ports dependant on it, to the Dutch, as to induce them many Years to employ up-
wards of three hundred thoufand Pounds in Goods, of which they fend a Part to
Europe, and didribute the reft in India.
Mafulipatnam is the principal Port of the Kingdom of Golconda, on the Coaft
of Coromandel, and called fo from Mafuli (a Fifti) and Patnam (a City) being a
Name fuited by the Natives to its' Siuiation, which is upon a River greatly
abounding in this agreeable Food, as its Road alfo does, being befides the fpfeil
in all India. Thefe Advantages draw here the Merchants of all Nations, and is
equally commodious to them, and thofe of the Country, for fending their Ships
into almoft all Parts of AJia 5 the grrciieft Number of thofe bound for Pegu, Stam,
ylracan, Bengal, Conchinchina, the Red Sea, Madagafcar, and the Manillas, fail-
ing from hence j and though the Exports here are the lame, as thofe from the
reft of this Kingdom, it is principally for the Beauty of its painted Linens, that it
is fo well known in Europe, of which here are two Sorts (as at Sural and other
Places in India) viz. the one painted with Pencils, and the other only ftamped ;
and notwithftanding the fame Colours are ufcd in both Species, thofe painted
greatly excel in Beauty ; thefe Colours, efpecially the red, are fixed in with a
Plant called Cay only found in the Kingdom of Golconda along the Coromandel
Coaft ; and the Advantage which it gives to the Linens wherein it is ufed, is, that
they become more beautiful with Waftiing j the Vivacity of the Colours augment-
ing by the Water, and lafting, as one may fay, longer than the Stuff itfelf. At
Majulipatnam, are alfo found, Salt, Serges, fome other light Stuffs, and Rice in
erearcr .abundance tba
any
Of
7^7
■ ■■ ,■»':■■•;■
'«) 'I
768 Of the General Trade 0/ the WORLD.
Ill
■:r /it'
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r
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fi»i»>
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li'j "*'
y ^'
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*» ■ *, f.
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fir
O/'/ifi? Kingdom o/" Bengal.
THOSE who terminate the Coaft oi CoromanJel ox Mafulipatnam, call that
the Coaft of On'xa, which continues to Bengal, and even Ibine comprehend in
this the City of Pipeli, though it really is in the Kingdom of Bengal,
Although the Kingdom of On'xa, which gives Name to thisCoall, has many
Ports, they are all fo bad, that the Europeans carry on little or no Trade at them,
fo I fliall pafs on to that of Bengal, one of the richeft in the Indies.
Bengal is a Kingdoiri fituated to the Eaft of Indojian, towards the Sea j fome for-
merly believed, and among them Morert, that there had been a City called Bengal,
wdiich had given its Name to the Kingdom, of which it was the Capital. It is cer-
tain that there neither is, nor ever was, a City fo called in thefe Parts i and what is
more, there is no City at all, fcated at either of the Ganges Mouths, as the faid Au-
thors have aflerted. If there is a Metropolis, it mul^ be tb^t where the Viceroy
refides, which was formerly at Dacca or Decca, but for a long Time pad the Court
has been kept at Cafembazuir ; the firft of thefe two Cities is large, and fituated on
the Oriental Branch of the Ganges, near fixty Leagues from its Mouth, and the
other is upon the weftern Arm of the fame River at fixty Leagues above Ougli.
All the Maps of this Country are faulty, as well in the Form as Latitude of this
Kingdom's Coafts, they making the Ganges difcharge into the Gulph of Bengal,
to be at twenty-three Degrees of Latitude, when it is redly at twenty-one De-
grees fifteen Minutes ; and are alfo very defective in the Situation of Places, which
I thought proper to mention as not foreign to my Subjedt.
The Commerce carried on here, as well by Strangers as the Inhabitants, is
very confiderablc ; and in which here are concerned, Perjians, AbiJJins, Arabians,
Guzuratins, Malabars, Turks, Moors, Jews, Georgians, Armenians, and in fine.
Merchants from all the Parts of AJia. All the Chriilian Nations eftabliihed in
India fend their Ships here, as it is the Merchandize of Bengal that makes a con-
fiderablc Part of their Reloadings for Europe, befides thofe they extraft for their
Indian Trade.
The moft trading Cities, and where the Englijh, French, and Dutch have their
moft flourifliing Settlements, are Cafambazar, Ougli fOugeli, or HugueliJ Pipeli,
and Bellezoor ; to which may be added Patna j for although fome place it with-
out the Jurifdidkion of fit-w^j/, by making it the Capital of a petty Kingdom fub-
jcdl to die Mogul, yet as its Trade is all carried on through Ougli, I fliall not fe-
parate it from the aforementioned Cities.
The Englijh have their Eftablifliments at Ougli, Pepeli, and Bellezoor, the French
at the two firft, and the Dutch in all the faid five Places.
Ougli is the City, where all the Nations concur, who carry on the Bengal
Trade, and where the richeft Merchants of the Country refide, whether Moors
or Pagans. Its Warehoufes and Shops are always full of rich Indian Goods, but
each Sedl of the Natives have their particular Quarters in the Bazars, without
ever mixing, as much for the greater Freedom in Trade, as out of a Principle of
Religion, which hinders thefe fuperftitious People from having a too great Fa-
miliarity together.
The Lodge which the Dutch occupy at this Place, is very large and magnifi-
cent, having at once the Air of a Fortification and Palace. The Diredor lives here
like a Prince ; and next to Batavia, this is the Place where the Power and Splendor
of the Company appears in their greateft Luftre.
Cafembazar is the Part of AJia, from whence the Dutch draw the greatelt
Quantity of Silks, which they bring down the Ganges to Ougli, and from thence
fend Part to Japan, andPfirt to Europe; it is for tliis Bufinels that they maintain
a confiderablc Fadlory htrc, though they befides are furnilhed by it aUb with a
Quantity of Taffeties plain and ftripcd, and the fineft Linens that Bengal produces.
The Crop of Silks at Cafembazar may amount in a common ^ car to twenty-
two thoufand Balcb of a l.undred Pounds each, of which the Dutch Company
have leave to buy only lix or icv*in thoufand, the reft arc divided between the
Tartars and the Mogul'^i Suojedts, or remain in the Country for the Manufactures.
3 ^^<
■a-.
Ih'zoor, the French
0/ A S I A, ^c.
At Chiopera, in the Dirtrid o£ Patn.i, are the beft Refineries of Saltpetre, and
it is there that the greateft Purchaics of this Commodity are made; and from
whence the largeft Quantity of it comes that is exported from fi^rw^j/j and it is
for this Trade only that the Dutch have a Fadory here.
It muft be obferved, that in regard of the Merchandize that is cxtrafted from
Patna and Cafembazar, they muft be ready to be carried down to Ougli at the
End of the rainy Seafon, as the Canals by which they are conduced grow dry in
two Months, after the fair Weather Mouflbn commences, and then the Land
Carriage greatly augments the Expence.
The Merchandizes proper for Bengal, arc Japan Silver, Copper, Malacca Pewter,
Vermillion, Alkermes, Qujckfilver, Lead, Tables, Cabinets, and other Moveables
japaned, Porcelane of China or Japan, Luoking-Glafles, Cloths, and all Sorts of
Ettro/Mw Merchandize, Pepper, Spice, Arcque, Elephants of Cg/^w, and their
Teeth, Birds of Paradife, and Ternate Parroquets. The Goods of the Country's
Growth, or that arc brought there from the neighbouring Kingdoms, with which
the £ uropeans ufualiy load their Ships for the homeward bound Voyage, coniift;
in Raw Silks, called Tany and Mouta, Cotton Wool and Thread, red Wood, va-
rious Boles, Coffee, Cowries, (or Cauris) which ferve for fmall Money here ; white
and yellow Wax, Canes, and Rattans, Gutta, Gamba, Bengal, Labor, Goromandel,
and yf^ra Indigo, three Sorts of Lacque, Myrrh, various Perfumes, Salt, Rice, Salt-
petre refined and unrefined. Terra Merita, Sugar and Sugar Candy.
With thefe two laft the Dutch load feveral Ships entirely every Year ; Part
for their own Accounts, and Part on Freight for the Moortjh Merchants, dcftined
principally for Perjia.
There is likcwife exported from Bengal, Borax, Opium, Grain, Gums, and Me-
dicinal Roots, embroidered Counterpanes, Carpets, and Stuffs, fent to China, Ja-
pan, Camboya, Tunquin, aiid feveral other Parts of /»</m, (and of which large Par-
cels come to Europe) Fruits, Butter, (packod in Copper Pots, or Sacks made of
Buffalo Skins) Honey, various Sorts of Sweetmeats, Diamonds (of which here is
an ancient Mine in the Kingdom) and many other Species of precious Stones,
Slaves, either of the Country, where the poor People fell their Children to fub-
fift, or thofe oiJtracan, a neiehbouring Kingdom, whofe Inhabitants exercife Pi-
racy more than Trade, and whofe principal Merchandife confifts in their unhappy
Neighbours of both Sexes, reduced by them to Slavery.
Although all thefe Commodities make a rich Objedt of Trade to the Nations
concerned therein, it mtuft notwithflanding be allowed, tha: the Dimities, Tick-
ings, Linens, and other Cotton Goods made here, are Conunodities, that the
European Companies Ships bring back in the greateft Quantities, and with
which the Indian Merchants alfo make a great Part of their VefTels Loadings. It
is in this Kingdom only that the Herb grows of which many Sorts of Goods are
made ; and the Natives of the Country who carry on the inland Trade, and
through whofe Hands almoft all the European Affairs pafs, are the Banians, who
are all either Merchants, Brokers, Bankers, or Book-keepers, and among them
many arc concerned in the Marine Trade, either in their own Ships, or by thofe
they freight.
Of the 'Trade of Mem. or Azem.
THIS Kingdom (in the Great Indies) is one of the beft Countries in Afia^
rich in Mines of almoft all Sorts of Metals, fuch as Gold, Silver, Steel,
Lead, Iron, &r. It alfo produces a large Quality of coarie Silk, and the befl
Lacque in all the World. All the Mines belong to the King, and the Gold
is prohibited Exportation, though the Silver Coin makes an Article in Trade,
and may be carried off by Strangers. Another Branch of Commerce, and that
no fmall one, confifls in Bracelets and Collars, for the Arms and ^egs, of
which they Ufe great Quantitiev themfelves, and feud as many to ths Kingdom
of Bwtm.
9R
Of
769
1 ■■;
H
!l^^
^1
770 Of the General Trade o^/^^ WORLD.
r
0/'ri6(r 7r<?</if o/" Benares, (jr Banarous.
THIS is one of the greateft Cities in the Eaji- Indies, and feated to the
Northward of the Ganges which waflies its Walls ; its Trade is very con-
fidcrablc, particularly in Silk Stuffs and Cotton Linen, both white and painted.
The Caravanferas here are many, and very commodious, in the principal of
which are fold the moft valuable Goods, under two vaft Galleries raifed in the
Middle of the Court ; and as it is commonly the Artificers themfelves, who come
here to fell their Goods, Strangers may have them at firft Hand, and confequently
cheaper, than in moft of the other Cities of India, where the Banians, Jevis,
or Armenians, buy them to refell.
0/" Aracan flW Pegu.
'TpHESE two Kingdoms, which follow {t\iioi Bengal, and whereof the latter's
■*• Coaft join thofe of Malacca, are better known in India by the piratical
Courfcs of the one, and the lafting Wars of the other with the King of Siam,
for the famous white Elephant, than for the Largenefs of their Commerce with
the Europeans ; the Englijh and Dutch however preferve fome Correfoondence
with Aracan, on Account of the Refrcfhments which their Ships are iometimes
obliged to take there, yet without having any Settlements, although the King has
often invited thofe two Nations to an Eftablifhment in his Country.
In rcfpedt to the Kingdom of Pegu, the Dutch fend fome Ships here yearly
from their Settlements on the Coafts of Coromandel and Bengal, loadea with
Linens of this lai^ Kingdom, from Mafulifatnam and Meliapour, better known
under the Name of St. Thomas. The proper Linens for this Commerce are
Lagias, or Alegias, Topites, and Corpi Pintadi j the Peguans preferring the liinens
of Meliapour to all others, and it is with thefe that they cloatn themfelveSy with-
out the Taylor's Afliftance, each Piece making a compleat Habit, in turning it
many Times, and in many Manners about their Body j the Women cut them
in four, and cover themfelves to their Knees. There is alfo brought them Opium,
Pepper, Cinnamon, Nutmegs, Sanders, and Wood of Paradlfe.
The Exports from hence are Ginger, Gold, Silver, precious Stones and Pearls,
which two laft are contraband, and here muft be a Pertniffion from the King,
for either buying or felling. This Kingdom ?lfo produces a Quantity of Rice,
and It is from hence that the Dutch carry it to Malacca, bendes which the
Exports are Elephants Teeth, Pewter, Honey, Wax, Cardamoms, Long Pepper,
Cachou, ©"f.
-ii>
'. I>
O/" Malacca.
THIS City is feated at two Degrees and a half Latitude on this Side the
. Line, in the Streights, to which it gives Name, and feparates the Terra
Firma from the Ifle of Sumatra. Alphonfo Albuquerque took it from the King
of Jhor {or rather GohorJ m 15H, and it was unfuccefsfuK. Attacked an hun-
dred Years after by the Dutch; though they were more fortunate in 164 1, when
they drove the Portuguefe out, after a Siege of fix Months, and have remained
Maftcrs of it ever fince. Its Port is one of thq beft and fafeft in Indi^^ an(|
m^y be entered at all Times of the Year, which is an Advantage that neither
that of Surate, or Goa enjoys, nor any others of Guzurate ax MalaUir, which
are all fubjed to the Moufbns. Whilft it remained in the Hands of the Pfer-
tuguej'e, it was one of the Staples for the Indian Trade, and as a Storehoufe to
allthe Eaft, wheit the Indian Nations, accuftomqd to the-Marine Trafficl^, uicd
toaffemble. '•'■.■"m'A .'!' -.ot r.:; "' •••
It Hill fdppoHfs its Reputation, and its Commbrce is yet very confiderable, par-
ticularly in Linens from Surate, Coromandel, and Bengal, which find vent here,
at Andra, Giery, and in the Rivers ofSiaca and Pera, and here are alfo found other
Goods, of which a Part go by Land to 5«j/n and Pegu.
The
i« Ji I
''ii'
^,n
0/ A S I A, t?c:
The major Part of the Payments for thcfc Linens, and other Commodities
brought here bv the Dutch, arc in Gold and Pewter, on which large Profits arc
made in the other Parts of India they are fcrtt to. The chief Officer in Trade
that the Dutch Company maintains here, is called Chabander, an Indian Name,
which fignifies Super-Intendant, who is independant of the Governor, and has the
folc Diredtion of Trade and the Cuftoms.
The Dutch are here about two or three hundred Families j the other Merchants
are Malayans, Moors, or Chinefe; thefe laflonly concerning thcmfelves in the Re-
tail of Tea, Sugar Candy, Sweetmeats, &c. but the others have their Shops ever
full of all Sorts of Goods, that the Dutch Ships bring here.
The Trade carried on at Malacca was the leaft Motive to the Dutch for its
Capture, or that now induces them to maintain and guard it with fo much Care j
but its admirable Situation for that of China and Japan, befides its commanding
all the Streights in which it is fcated, fo that no Nation can pafs to the Eaftward
without their Permiflion.
Ligor and TenaJJ'erin are two petty Kingdoms in the Peninfula of Malacca
dependant on the King of 5ww; the Dutch hme Settlements here, and carry
on a good Trade in Pepper and Pewter, of which I (hall fpeak in the following
Sedion, where I an\ to treat
Of the Trade o/*Siam.
THIS Kingdom, even fince the Separation of Tunquin and Cochirichina, is oHe
of the moft powerful in India : Its prefent Bounds are Camhaye to the Eaft j
Labor to the North ; Ava and Pegu, to the Weft j and the Sea of the Gulf of
Siam (to which it gives Name) to the South. Its Capital is Seia-Juthaia, of
which the Europeans have made Judtia, Judia, Judea, and Odia, and the Por-
tuguefe call it Siam.
This City is feated on the Menam, a great River that falls into the GiilpH of
Siam four Days Journey from it j and which, like the Nile, regularly overflowing
and drowning the whole Country at periodical Seafons, renders it very fertile in
all Neceffaries of Life, particularly in Rice, of which Foreigners yearly export
feveral Ships Loadings, though large ones cannot go up the River, but are obliged
to attend and take in their Cargoes below, whilft fmall ones may get up to Biitt-
cock, (five or fix Leagues above its Mouth) but only Barks and Junks can reach
the Capital.
There is no Part ^Afia, from whence Merchants are not feen at Jutbaia\ a^ they
come here from Japan, China, the Philippines, Tunquin, Cochinchina, Chiampa,
Camboya, the Ifles of Sunda, Bengal, the Coaft of Coromandel, Surate, Perfia and
Arabia ; and the European Nations that have Settlements here, are the Englijh,
Dutch and Portugucje ; the French who had one alfo in 1686, were drove out from
Bancock in 1688, andf though they afterwards fettled in anotherPart of the Kingdom,
their Trade was fo inconfidefable, that it may be juftly faid they have ever fince
font more Miffionaries than Merchants there.
It is only the Europeans, Chinefe and Moors, (that is, all the Mahometans) who
are privileged to have Houfes in tlie City ; the Indian Nations having them with-
out, though their Quarters are all feparate, where they carry on their Trade, and
cxercife their Religion.
The Dutch carry on the greateft Trade here, and the Houfe they built in 1634,
is one of the handfomeft they have in all the Eaji; yet this Settlement ife only
reckoned the twentieth in the thirty-two principal ones they have in in all, uhder '
the general Government of Batavia.
Trade is one of the chief Profeflions of the Siamois, and it may be truly ikid,
that their King is the principal Merchant among them, whether for . iC Traffick
at home or abroad.
His foreign Commerce is moftly to China, where he annually fends five or fbt
large Vcflels ; to Japan, where there goes two or three j to Camboya, Tunquin,
and Cochincfjina, the Deftiny of as many j and in fine, to all the Coafts of Indtti,
(efpcciaily Surate) and even to Perjia, where there are always fome of his
4 Ships,
'■fin
m
/
!.
1
i
1
i
vf,
t' ■''
■; ]:
( ;
'i.
t
77ft 0/ the General Trade of the WORLD.
Ships, commanded commonly by Chriftians, as his own SubjeAs are no great
Saikrs.
The inland Trade of the Kingdom, carried on by his Fadlors, does not onlv con-
fift in the valuable Commodities, imported by his Shipping, of which his Ware-
houies are always full, and fold at the Prices he thinks proper; but alio in the dif-
ferent Products of his Dominions, whether they be the Tribute of his Subjcdls, or
vrhat he cultivates in the Lands peculiarly belonging to him : So that only in Betel
and Arque, green and dry, the King's Agents get upwards of fix or (even hundred
thoufand French Livres ; and it is reported, that the Cuiloms of Bancock, and the
farming the circumjacent Gardens, produce him more than four Millions yearly.
This Kingdom is rich in Mines of Pewter, Lead, Silver, and even Gold, though
thcfe laft produce but little, and that of a very bafc Alloy ; the Pewter Mines of
Lagur being the moft confidcrable, whofe Metal makes one of the bed Branches
of Trade that the Dutch carry on here ; the Company having a Treaty with the
King, which interdifls the Purchafe of this Commodity by any others than
themfelves.
It is with this Pewter that the Dutth bailaft their Ships in returning for Europe,
prefcrving however enough for it for their Indian Trade, where in many Parts
they truck it againil other Commodities to a very great Advantage.
The other Merchandizes which Siam produces, are. Wood tor building Ships
(of which the Dutch load great Quantities for BataviaJ Stags, Beaves, Buffaloes,
and Tygers Skins, (of which latter, a ftriped Sort elleemed very valuable, more
efpecially for Japan) Gum Lacque, Lead, Sapan Wood, Calembeck (or Aloes
Wood) Honey, Wax, Sugar, Betel, Areque, Pepper, Rice, Salt, Varnifli, va-
rious odoriferous Woods, Tea, (that comes from China and Japan) Calin, (fup-
pofed by fomc a Metal between Pewter and Lead, though by others only a Mix-
ture of them) Ambergreafe, Linens of the Country, Elephants Teeth, Saltpetre,
Gum Gutta, Canes and Rattans, Cotton, Ivory, Afphaltus Wood, Mufks, Ben-
zoin, and Silk, but thefe three laft are brought here from Laort when that King-
dom is not at War with this of Siam.
The Goods proper for this Trade, and which are principally in Demand at Siam,
are Silk Stuffs, Spices ; all Sorts of Chinefe and Japan Commodities, fuch as flow-
ered Velvets, japanned Works, Porcclane, Goldfmiths Wares, diverfe European
Commodities, gold and filver Bars ; but the Goods that find the readieft and furelt
Dlipatch, are the Linens from Surat, Coromandel, and Bengal; here are befides
imported, red Coral, yellow Amber, Quickfilver, Sanders, and Cloths ; Pepper alfo
was once a good Commodity, but fince its Plantation here the Natives h!>"e enough,
and to fpare for Exportation.
w
1%
CyCamboya.
THIS Kingdom, called alfo Cambodia, was formerly a Province of Siam, but at
prefent only makes it the Acknowledgment of an annual Tribute, viz. of a
Nofegay of golden Flowers. The Capital of this Kingdom, which the Europeans
call by the fame Name, and the Inhabitants Rauveia, is fituated at iixty Leagues
from the Mouth of a River which fidls' into the Sea, to the Eafb of the Gulph of
Siam, and which, like the Ni/e, and the Menan, overfiov/ the Country regularly
every Year. The Portuguefe had for a 'ong Time this Trade to themfelves, but it
is now open to all thofe who will engage in it ; and here arc Englijb, Dutch, Por-
tuguefe, Chinefe, Jatantfe, Siamois, Cochinchinefe, Malayans, &c. of which fomc
come with the South, and return with the North MouHbon, and others quite the
reverfe. The Dutch fend Linens here from Malacca, of which the propcrefl for
this Market are, Bengal CafTas, white and red Betilles, Alfortments of Seraffes,
and fome Cotton Thread.
The Goods this Place produces for Exportation, are Benzoin, Gum Lacque,
Wax, Copper Bafons, Iron Chinefe Pans, Rice loaded for ^inam, and a Quantity
of Stags, Beaves, Buffaloes, and other favage Animals Skins, which here, aswell as
at Siam, are one of the beft Articles in this Trade, and the eafleft fold, by Means
of the Chinefe and Dutch Traffick, to Japan, the former being the moll conii-
dcrable Traders here of all the Eaftern People.
3 Of
IH' .
• 0/ A S I A, ^c. " "i
0/ Cochinchina.
'TpHIS Kingdom is ftated between thofc of Cahiiina and Tunquin, on a Gulph
"*• bearing its Name ; its Length is about an hundred and ten Leagues, and its
Breadth in fomc Places, only ten, twenty, or twenty-five at moft; and notwith-
ftanding its fmall Extent, it has the Kingdoms of Chiampa and Tbien for Tri-
butaries, where it carries on a very great Commerce.
Its chief foreign Trade is that of China and Japan, carried on by thj Chinefi
fettled here, or thofe of Canton. The Europeans, efpccially the Dutch, load many
Merchandizes here ; the French, as has been faid of Siam, have hardly any of
their Nation here but Miflionaries. The Commodities cxtrailcd of the Growth
of the Place are Gold, (which comes from the Mines, or Duft collefted in the
Gravel from fome Rivers) of Calembac Wood, which grows in the Kingdom of
Champoa, from whence they can only bring it to Cochinchina, and which fells for
its Weight in Gold, even on the Spot ; Pepper is alfo extracted from hence,
and fent to China ; Silks gathered in fuch Quantities, that even the Cordage jf
their Gallies and Filhermens Nets are made of it : Taffeties, which are the only
Stuffs made here ; Sugar, (hipped commonly for Japan ; Wax, Areque, and Betel ;
Rice, with which many Ships arc annually loadcn ; in fine, thofe Birds Nefts
fo much efteemed by all the Indians, as a fulutary Food, which fervc them at
once both for Aliment and Regale.
77%
■1 k I
m
i!
Of Tunquin.
JUN^JIIN (or Tonquin, as it Hiould be pronounced) was for a long Time a
Province of China, when Cochinchina and Chkmpa were a Part of it j at prcfent
thefe two Kingdoms are feparated, and Tunquin, more compaft than before, is
bounded on two Sides, by three Provinces of China, which are Canton to the Eaft,
and Invan and ^anft to the North ; to the Weft it touches on the Kingdom of
Brama, and to the South on Cochinchina, and the Gulph to which this laft has
given its Name.
The Timquinois did not till pretty lately renounce the Politics they had learnt
from the Chine fe, not to trade with any foreign Nation, but at laft they are become
more tradlable j having at firft permitted Strangers to come and trade with them,
and were afterwards emboldened to go and traffick with others, as they now do at
Siam, Batavia, and many other Places of India, they fend Ships to.
The beft Merchandize that the Europeans can carry to Tunquin, are Cold and
Silver, efpecially Dollars, although they are not without them i as here comes a
great deal of Gold from China, and a Quantity of Silver from Japan; befides, fome
pretend that this Kingdom has Mines of both thefe Metals, though Mr. Tavernier
denies it, and with a reafonable Probability. Other Commodities brought here,
are Spice, Pepper, Quickfilver, Vermilion, Cloths, and yellow Amber. Thefe
People are open and faithful in their Dealings, in which they are very different
from their quondam Mafters the Chinefe, who pride themfelves in cheating Fo-
reigners, and ufe a thoufand Chicaneries in their Purchafes and Sales.
Silks arc in fuch Plenty at Tonquin, that both rich and poor equally clothe them-
felves with feveral light Stuffs made of them in the Country j and the major Part
of thofe Things, which in other Places are made of Flax or Hemp, are compofed
here of this Material. The Dutch export great Quantities of thefe Silks for Japan,
being more commodious than to fetch thofe of Perjia and Bengal, as they did b*:-
forc their Trade was eftablifhed at Tonquin.
Here is alfo to be purchafed Mulk, Tortoife Shell, Aloes Wood (of which here
is fomc worth near an hundred and thirty Pounds Sterling per Pound ;) Sugar in
Pound and half Pound Loaves, proper (or Japan; Porcelancs (brought from abroad)
Lacque, Rice, and thofe Birds Nefts mentioned in the Seftion on Cochinchina,
which are found in five fir all Iflands of the Gulph, where both the Tunquinois and
Chine/!' go to feek them. It is alfo in five other Neighbouring Ifles, that they go
to catch Turtles (or Tortoifcs) which come afliore there in fuch Quantities at
9 L certain
Li S
«''
. -Trt
774 Of '^ General Trade of the WORLD.
certain Seafbns, as to render the Sale of their Shells and falted Flefh one of the
beft Branches of Trade in this Kingdom. They have Oranges and Lemons here,
as in all other Parts of India ; but thefe latter are fo foure, as to become thereby
u&lefs for Refrdhmcnts to the Ships, and are therefore only confumed here in-
W9i of jigua Forth, to cleanfe Copper, Brafs, or Iron for Gilding, in the Dying
of their Silks, and in the Lyes for ihcir Linens, which makes them of a dazzling
Whitenefs.
Of the Trade of China.
'T*HIS vaft Part of the Globe, and the caftermoft ofjifia, is equally famous for
'*' its Fertility, which furniflics in Abundance wherewith to maintain an exten-
five Commerce, and for the Genius of its Inhabitants, who more than any other
People of the World, underftand to employ in all Sorts of Manufactures and
Works the many rich Produdts that grow, and are found in the fifteen Provinces
of this vaft Empire ; which is rendered more adapted to Trade, than any other
eaftern Country, by the many Rivers and Canals that traverfe all it« DiviHons, and
thereby facilitate the Tranfport of its Merchandize ; and for abroad, the good
Ports, that fix of its Provinces have, which are wafhed by the oriental Ocean.
The Chinefe Politics making them fear, that a Communication with Strangers
miglu corrupt their Laws, never gave thefe latter any Opportunity to attack their
Liberty under a Pretence of Trade; but forfeveral thoufand Years, fliut the En-
trance to their Kingdom againft all Nations whatfoever, and were content with the
interior Trade carried on among themfelvcs i but at laft the Emperor, having
opened his Ports to all the World in 1685, the Indians and Europeans were equally
forward to improve the Liberty of this new Trade, which they have carried on
ever fince.
TYic Portuguefe \j\\ thenhadbeentheonly Nation of £ur0/f, who had carried
on any Sort of Traffick diredtly to China, by Means of their Situation at Macao
(of which I Aiall treat by and by ;) and the Dutch, defirous of imitating them,
when eftablifhed in the Ifle of Formofa, having been chafed from that Poft in
166 1, had renounced this Commerce, or at leall, like the Englijh, only maintained
it in the half deferred Ifles, where the Chinefe Junks brought their Merchandize,
and returned with what they got there from Foreigners.
It is true, that many Indian Nations, and the Dutch themfelves, were never
without the Products of China, but it was what the Chinefe brought, who were
permitted to go to other Parts, at the fame Time that all others were ftriftly for-
bidden coming among them j and the Places which the Chinefe Junks frequented
moft, and to which they iHll continue the Trade, are Japan, the Manillas, Co-
chincbina, Achin, Malacca, Camioya, Siam, Tunquin, Patana, Jambi, jindragiri,
(in the Ifle of Sumatra) Batavia, and fomc others.
The Trade with Strangers in China was not only open by Sea, but their Cara-
vans were alfo admitted here, as well from the eaftern Tartars (who now govern
this Empire) as the Mufcovites, who fend yearly to Pekin a very numerous one from
Peterjburgh.
China is feparated from the States of the Grand Mogul, by Sandy Deferts ab-
folutely impaflable, and other Provinces of India, by Mountains very difRcult to
get over, which hinders almoft all Trade between thefe different Kingdoms, ex-
cept a very fmall one on the Frontiers, though it is very difficult to know in what
even that confifls, as not one in a thoufand at the Capital knows any Thing of
what paf^s without the City. It is true the Chinefe have fometimes gone to Ben-
^al, the Philippines, Batavia, and even to Goa j but this by Stealth, and with the
Connivance of the Mandarins, Governors of the Sea Ports, for a i,ood Sum of
Money, which the Court were Strangers to, notwithftanding it is abfolutely for-
bidden to every Subjcdl of the Empire, to go to any foreign Part, on any Pretext
whatfoever, without a Licence, or exprcfs Order from the Government.
The greatefl: Part of the Chinefe, i'pread in India to trade, are of the Poftcrity of
thofe who cfcaped from China, when the Moungalean Tartars became Mafters of it ;
am] they have only a clandeiline Communication with the other Chinefe their
Countrymen.
There
In-
0/ A S I A, ^c. 775
There is no Nation fitter for Trade and that underftand it better than the Chineftt
fo that it lets no Profit flip, which Commerce offers j trading in, and benefiting by
all, with an admirable Dexterity and Skill, though not with tnat Fidelity, as is elfe-
whcre regarded as the Soul of Trade j in one Word, the Chinefe arc fpread in ylfia,
wherever there is any Thing to be got, with the Charadlcriftick of Cheats, Ufurers,
faithlefs, full ofComplaifance and Subtlety to manage a good Opportunity, and all
this under the Appearance of plain Dealing and Honefly, capable of deceiving the
moft attentive and fufpicious ; and they commonly fay proverbially, that all other
Nations are blind in refpeft of Trade, but thcmfelves and the Dutch, which latter
have one Eye, but they two. As it has always been a Maxim in the Chinefe Govern-
ment, to encourage a great Currency of Trade in all the Kingdom, it may be faid
that all the People concern themfelves in it j here being hardly any of the Natives,
even the Mandarins, who arc not engaged in it, at leafl in Partnerfhip with the
Merchants, to whom they advance their Money, that it may go encreafing, and
not lie idle.
One of the principal Branches of Commerce in China, as well at home as
abroad, confifls in Silk and Silk Stuffs, either plain or mixed with Gold and
Silver, of which here is fo great a Plenty, that moft of the People, and even
Servants, commonly go clad in Saf cin or Damaik. Silkworms are bred in almofl
all the Provinces of^the Kingd.im ; but Nanguin and Chekiam (efpecially the
latter) are thofe where moft is gathered, and where moft Silk is manufadured,
there not being one Year in which they do not fend to Pekin near four hundred
Barks loaden with Cloth of Gold (or TifTues) Damafks, Sattins and Velvets, be-
fide thole made by the Emperor's Orders, for Prefents to his Ladies, Prin-
ces, and all his Court j all the other Provinces alfo pay a Part of their Tributes
in Silk and Silk Stuffs, which are generally refold for the Emperor's Account,
but when all together arc not near the half of what Chekiam furnifhes alone.
It is in the Pr incc of Nanguin, that the moft beautiful Silks are made, and
he beft Artificers come to eftablifh their Fabrick, though Fo-
jarry away any of thefe } but almoft all the Silks that tne £»-
well wrought as raw, are manufactured at Canton, or in the Pro-
vince of which that City is the Capital, and gives it its Name.
There is made in Cbtna all Sorts of Silk Stuffs, either net or mixed with Gold
and Silver, as there is in Europe, and many others peculiar to themfelves; and they
have Wools in many Provinces, of which they only make fomc Serges, as they
are ignorant in the Manufadture of Cloth, though they have thefe brought here,
and very much efteem them, more efpecially thofe from England, yet ihey buy
but little, as the Cloths coft vaftly more than the very fineft Silks that can be made
here.
The Chinefe have alfo various Furs, even of the very fineft, fuch as Minevcrf ,
Ermines, and Martens, but they are all confumed in the Country, in Linings
for Mens or Womcns Clothes (of which one only often cofts above z^ol.J Caps,
Saddles, and other Moveables.
The other Merchandize exported from China, befides wrought and raw Silks,
are Cottons in Wool, Thread, and Linens made of them, Brafs in Plates, and
Salmons, Toutenaque, Tea, Camphire, Mufk, Flax, Sugar, Salt, Ginger, Sweet-
meats, Quickfilver, Vermillion, Lapis Lazuli, Vitriol, Ambergreafe, Rhubarb,
Galangal, China, Mirabolans, China Ink, Horfes, Porcelane, japancd Works, Pot-
ter's Works, proper for India ; Camblets, Hemp, and Hempen Linens, fine Gold,
PeW^^er, Iron, Steel, and manylnftruments made of all thefe Metals nicely wrought;
in fia*;, precious Stones, Pearls, bcautifiil Marble, Aloes, Rofe, Brazil and Ebony
Wood, Jefuits Bark brought from the Manillas -, yellow and reddifh Amber. Af-
ter the lacquered Works of Japan, thofe of Fokien pafs for the bel, and though
there are good Artifts in this Manufadure at Pekin, yet they fall fhort of that
Beauty and Perfedtion, fo confpicuous in the Fabricks of Japan and Fokien, as
much as they exceed any Thing of that Nature attempted in Europe.
In Regard of the Merchandize proper for the Trade of China, Plate is as the
Bafis, whether in Dollars as they come from the Manillas, or in Bars as the
Dutch bring them from Japan -, the Chinefe, who have nonr, cfteeming it greatly,
and willin^Ty truck their Gold, and beft Commodities againft it. And whilft I
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776 Of the General Trade 0/ //j^* WORLD.
am on this Subjeft, it will not be improper to remark, or unprofitable to my
Reader, that in this TruHick, t!>e Difference between Gold and Silver is com-
puted a* one to ten, whereas the Oi/Ference in Europe is as one to fifteen, fo
that Kreat Advantages are made hy carrying the latter tliither. Spice and Pepper
alfo nnd a good Sale here, particularly this \\\\, wherefore the Dutfh always
make it a rart of their Loadings i there are alio brought here Linens of vari-
ous Sorts, Cloths, Serges, EfVaminasofdiverfc Species and Colours, ofwhiclithc
red, white and black arc moft in Efteem, Sanders, Elephants Teeth, Amber, and
red Coral, though pale.
What has been hitherto faid of the Cbinife Trade, has been iliiie more than
the TranfaAions of the inland Part of this vaft Empire, by the Inhabitants of
the diilerent Provinces that compofe it, and with taking fome Notice of that
Trade which Foreigners, efpecially the Europeans, carry on here, fmcc the Em-
peror opened his Ports to tnem; I ftiall therefore now enter into a Detail of
the Commerce that the Cbinefe carry on in their own Ships in all Parts of the
Eaft.
Of the exterior Trade of China.
/^ANTON'ii the Port where all the Cbinefe Junks are loaded for abroad, and
^ where they come to bring their Retarns s the Places for which they com-
monly load, are, as has been already obfervcd, the Ifle of Haimitu, Cochincbina,
Camboya, Tunquin, Siam, Batavia, Japan, Manilla, Surate, Maldives, and Achen,
of whofe Trade I fliall fpcak in order.
Of the Commerce of Canton to tbe IJland of Hainam.
''pHIS Ifle, fituated ninety Leagues to the South- Weft of the River of Cjw'-
■■• ton, is Part of the Emperor of Cbina'i Dominions, lb that fecmingly it (hould
not be comprized in what I have to fay of the exterior Trade of China ; but as
they themfelves count it among the Places of their foreign Trafiick, I (hall there-
fore begin with it as I propofed.
Vcffels may go and come from Canton to the Ifle of Hainam all the Yea.-,
but the beft Seafon for leaving Canton is the End of November, and that of re-
turning from Hainam, the Month of June; thofe who depart in the good Mouflon
may make their Paflage in lefs than eight Days, but thofe who fail againit the
Mouflon, commonly employ a Month, and fometimes lix Weeks in the Voyage.
The Goods they carry with them to Hainam, are wrought and unwrought Iron,
Iron Chaldron, Cotton, Cotton Linens, called Canques of Foiken, ditto of Nan-
quin, common Straw Matts, and Garlick. The Commodities in Return for Can-
ton, are various Sorts of Rattans, yellow Wax, Galangals, Venifon faltcd and
dried, Areque, Cocoa Nuts, Stags Skins, and Nerves, and Aloes Wood, of which
it is faid thete are thirteen Sorts.
Commerce from Canton to Cochinchina.
THE King of Cochincbina is the only Merchant that may publickly be dealt
with, yet fometimes he permits Particulars to buy and fell ; and though
the Licence for fo doing cofts dear, it is notwithftanding always very advan-
tageous, and every Ship on Arrival makes to him or his Oriicers, a Prcfent to the
Value of about four hundred Taels.
The Cbinefe Veflcls leave Canton the Beginning of March, and commonly
ilrrivc at Cochinchina about the i 5th, though fomctimas the Weather detains them
till the 25th ; and to return from thence they muil fet out the Beginning of July,
having generally the fame Paflagc coming as going.
The Goods proper for Cochinchina, arc the Caches (a Copper Money) of Hai-
nam and Canton, Brimflone, Saltpetre, (though it muft be oblerved that both
thefe laft Commodities are not perpiitted to be loaded at one Time, in the fame
3 Ship,
0/ A S I A, &>c,
ship) nor either of them feparatelvf without a particular Licence, which always
colU dear, as thefc are prohibited Exportation from China) Gold StutTs, fine white
and red Crapes, Ginfcng, thin Criinfon Sattins of Canlon, coarfe I'orcclane for
common Ule, all Sorts of Medicinal Drugs, thick Paper for burnin? before their
Pagods, Glafs Bracelets, ordinary and fine, Iron Kettles, and leaf Gold. The
Returns from thence, are in Gold Ingots, Agracaramba Wood, Darts, Areque,
/the bed in IndiaJ black Wood, Rhinoceros Horns, (of three Sorts) Huffalos and
Cows Hor.s, Pepper, Fi(h, called Bitchemarec, Sea Dogs Skins, ftrong coarfe
Silk Stufls, Birds Nefts, white Sugar and Sugar Candy, and Japan Wood for
ftuining yellow.
Trade of Canton tvitb Camboya.
TV{li.Cbinefe Veflels, which carry on this Trade, fail from Canton the Begin-*
ning oi January , and fpcnd in their PafTage from fifteen to thirty Days,
according as the Weather favours ; their Return is commenced at the End of
June, that they may arrive in China by all the fucceeding Month. The whole
Commerce is tranfaAed in the foulhcrnmoft Part of Camhova, near three hun-
dred and fifty Leagues from the River of Canton. Every Ship on Arrival makes
a Prcfcnt to the King and his four principal OtKcers of three or four hundred
Taels, and then have Liberty to trade with whom they pleafe.
The Commodities commonly fent here are only five, viz. Iron Anchor Flooks,
Umbrellos, Rattan Matts, all Sorts of Fruit, and Porcelane. The Returns arc
Sapon or Brazil Wood, Elephants Teeth, Lacque, Lounge for painting yellow.
Birds, Buffalos, Chameaux, Cows and St-igs Skins, Buffalo and Cows Horns, Pea-
cocks Feathers, and TafFoufia, a Medicinal Drug.
777
\ 13
Canton'/ Trade ivith Tunquln.
rUN^JJIN is two hundred and twenty-five Leagues from the River of
Canton, which is commonly failed in ten or twenty Days, and the Return
much the fame j the Seafons for departing and coming back, are the Beginnings
of January and Jufy. The Prefents which thefc People make the King and
feven of his Officers hardly amount to three hundred Taels, though all other
Nations pay a great deal more : The Merchandizes carried hither, are Canton
Cafchcs, Iron Kettles, fmall Brafs Cannon, Pewter in gilt Leaves ; all Sorts of
Drugs, at lead an hundred Species, ordinary Porcelane, Cloves, Pouchoc, a Drug
ferviccable in Medicine, and for dying Yellow, Silk, or thin TafFeties, red Crape
o( Canton, Gauze of the third Sort, Glafs Necklaces, Vermillion, Alum, Rupiedly,
(a Drug for dying Black) and all Sorts of Cbinefe Fruit. The Goods loaden in
Return, arc yellow Raw Silk, Mudis, or Stuffs made of a Tree's Bark, feveral Sorts
ofTafietics, coarfe and fine Canques, or Cotton Linen, Brazil Wood, Cinnamon,
(not extraordinary good) Lacque, Anifecds, and Caramangee, a Medicinal Drug.
Commerce of Canton and Siam.
TH E Ships fail from Canton for Siam about the 2oth of November, and arc
thirty or forty Days in their Paffage, and their Return is begun in June,
that they may arrive in all the Month following ; and the King here, as in Cochin-
china, is the only one to trade with.
The Cbinefe carry a large Quantity of all Sorts of Goods here, and bring no
fewer back ; the outward bound Cargoes confiding of wrought and unwrought
Iron, Toutcnaque, Allum, white Sugar, wrought Copper, Latten and Iron Wire,
Copper Baibns of different Sizes, cafl Copper Cirterns, Iron Kettles five within
one another, (all which Commodities fcrve as Ballafl) Damafks and Sattins of
all Colours, ftriped and common Taffeties, Gauzes, fewing Silk, Marclle, a red
Nanquin Paint, Chuangon, a Medicinal Drug, Figie-caque, a Ckinefe Fruit, Sugar
Candy, Railing, Prunes, dried Chefnuts, Water Melon Seeds ; Copper Drums, cal-
9 M led
778 Of the General Tradb of the WORLD.
ledGans, QuickfJver, and three Sorti of Gold Wire. ThcGooda th»t compufe their
Cargoes onReturn, arc Eleph;inti Teeth, Lead. Fewter. Are(|ue, lirascil Wood,
Ta»)ulic, or T.iftou(1a, a Medicinal Drug, (all which Icrve tor I.alUge) Lacquc,
Horfc, Cows BuA'dlui and Stagi Skins, Hunalu and Rhinoceros Horns, Myrrh,
Loung, Bird* Nelh of three Sorts, Puchoc, Inccnii:, Hirds Skim with their Fea~
then. Peacocks Tails, two Sorts of Stags Nerves, and Caye-lac, an odorifcroM
Wood* for burning before their Pagods.
h.':i
P*: y.-
m
Of the Trade between Canton and Batavia.
jyATAFlA is fcvcn hundred Leagues from Canton, and Ships which go
*^ from the former to the latter, liulthc Beginning of i^fcw^i-r, in order to
arrive in the following Month j and when return they fct out on the feet iid or
fourth of June, and get home in 'July. The Goods the Cbimfe carry with
them, are Tontcnaaue, Gold, fine and ordinary Porcelanes, fevcral Sorts of Tea,
Copper Bafuns, Gold Wire of Canton and Nuntfuin, Snttins and Damalks, the
frcatcfl Part black, Taffcties, three Sorts of lewing Silk, Anifccds, (^ickfllver,
ermillion, Muflc, Borax, Iron Kettles, five and fcvcn in one another, Rhulxirb,
Arcailbul, a Medicinal Drug, Copper like the fapan, very thin Canton TafFetics,
of all Colours, Canton Glafs, and China Root. The homeward hound Cargoes
confift of Lead, Pewter, Pepper, Inccnfc, Puchoc, Carcmangec, Camphire, Co-
ral, Rattan and other Matts, Rattans, Nutmegs, Cloves, yellow Amber, Myrrh,
AflTa-Fcetida, Azeboucq, a Medicinal Drug, Guinea Pepper, Birds NeAs of two
Sorts, and Sugar Cindy.
Commerce /rem Canton to Japon or Japan,
AS I (hall have Occafion to treat amply of this liland, in the Chapter that
will be dedicated to it, there will be no Room to enlarge on it here j fo
I (hall only confine myfelf to that carried on by the Ci)in«Je, in t large Num-
ber of Junks that they yearly fend to this Place from Canton t and the Port of
Japan, which their Bufmefs leads them to, is called Langi-A/aiie, (iraated in
thirty-fix Degrees fix Minutes of North Latitude, and in an hundred and fifty-
one of Eaft Longitude.
In order to fecurc a fuccclsful PafTagc, the Vcflels fliould leave Canton the
Beginning of May, that they may get to their intended Harbour in about twenty-
five Days, as a timely Arrival is of the utmoft Importance to the Sales of their
Goods, a Preference being always given to the firft Comers, when the Merchants
or Captains demand it ; and this Claim .^ould never be negletfted, as the Chinefe
lend (o many Junks in fome Years, that evfral which arrive lad, are obliged to
carry all, or at leaft a Fart of their Cargoe-. \.,.ck again.
On approaching to the Harbour, the ''eflcl mull anchor at three Leagues Dif-
tance to give the Cuftomhoufe Officers Time to vifit her, and take the Captain's
Declaration, which muft be in Writing and contain his Name, that of the Junk,
the Place he came from, and thofe he touched at, the Number of his Crew, when
he failed, the Condition of his Goods, the Size of his V^ertll, the Number of his
Guns and fmall Arms.
As foon as the Vifit is over, the faponefe Pilots and Sailors come aboard and
carry the Vcfl'cl into Port, where, when anchored, the Loading is delivered into the
Warehoufes which the Diredor General of Trade furnilhcs ; where the Sales vcz
made on the Day, and at the Hour appointed by him.
The Goods proper for this Voyage, are. Coral in Grains, Agrncaramba (an odo-
riferous V.^ood) Ultramarine, (none but the King oiJapafn:A\\ buy thtfe Commo-
dities) Enamel of five diffcrentColours, Alum, Iron, Tontenaque, white and brown
Sugar (which five Articles fcrve for Ballaft) Sattins, of which mure than two Thirds
are black, white Taffeties oi Canton andNanquin, white and red Crape of Nanijuin,
Canton filhing Lines, Vermillion, raw Silk of Nanquin, Galanga, Legumen, yellow
Lacqite, a« it diftills from the IVee, Areque Bark, Ychitzee, a medicinaj Drug,
3 Caramangee
0/ A S I A, Gff.
Canimangce from Ciina, Folio Chirozc (a medicinal Hriig) yellow Wax, Cbintft
white Ivincii of fevcral Sorts, green Alum, Honey, Chicnfou, a mciiiiinui DruK,
Sugar Candy, Benzoin, Aloes Wood of three Sorts, (Jmn Sandrac. 'I'ortoilc Slu-n,
Cainphirc of three Sorts, Pnchoc, Inccnfc, Myrrh. Lounvc, Miilk, Rhubarb,
Cinnamon, Chuangon, a medicinal Drug, and a very bad Sanron. In Kcturn the
CbiHffe take Lac(]uc or Varnifh, Forcclanci, fine i'earls, Steel, wrought Copper,
and a Sort of Catnphirc proper for China.
779
trade from Canton to tht Manillai.
TIIRSR Iflcs arc two hundred Leagues from the River of Citnton, where
the Cbinfji Ships fail for in the Month o( Marib at latill, and depart
from thence in Ju/y. All the Junks that bo this Voyage, make the Gover-
nor and Siipcrintendant of the Culloms at the Munillas, a I'rcfent on Arrival,
which at firll was only voluntary, but the Continuance has made it become a
Right.
This Trade was formerly very advantageous, but it is greatly decayed ; in 1700
the Goods from Cn/ifon \oH 30 />ir Citit. at the Manillas, and though after-
wards they grew fomethlng better, yet nothing inComparifon to the Value thejr
once bore there. When the Spaniards go from their Iflands to Canton, they
carry a Parcel of Embroideries, and a little Mulk with them { and what a Cbt'
nefe Cargo for the contrary Voyage confiils of, is Tontenaiiue, Iron, Porcclanes
of all Sorts, Canqucs of Canton, and others of Nanquin, very ordinary Sailcloth,
fevcral Sorts of Cloths called Nunna, flowered Damafks, plain Sattins, various
Species of TafFcties from Canton and Nanauin, white and red Crapes, plain and
flowered Mocrcs, with raw and fewing Silks. In Return, they bring Brazil
Wood, Stags Fiefli, faltcd or dried. Stags Nerves, and Pearls.
■■\\
1
Of the Trade from Canton to the Maldives, touching at Achem.
FOR this Voyage a Ship of an hundred and fihy to two hundred Tons Biirthen
is the propercft, navigated with Ave or lix Europeans at mod, and the rcll of
her Crew Lafquares or Laicars. The Scafon for Sailing is the End oiOSlober, to
arrive at Achem between the firft and tenth of Derembtt at lateft, that they may de-
part for the Maldives in Time. The Loading of this Veffel fhould be compofed
firft, with Merchandize proper for the Moors of Achem, who trade for Surate.
Secondly, with thofe convenient for tlic Natives there. And thirdly, with fuch as
may fuit the Maldivean Market. The Goods for Surate are, fifty Ton of white
Sugar, an hundred Pieces oi Japan Copper, twenty to fifty Pieces of Sugar Candy,
two hundred Pieces of Tontcnacquc, twenty to forty Pies of Qiyckfilver. The
Goods for the Natives of Achem are, coarfe Porcelanc about five Hundred Tacls,
Copper Bafons of different Sizes, twenty Pics of Chinefe Tobacco in Pound and
half Pound Papers, fifty Pieces of Gold CV/«/5« Thread of the third Sort, twenty
Catis, the Ends mufl be of Silk, three or four Barces of fine Coffee, and Tea Cups
and Saucers, fifty Pieces of TafFcties fquarcd, fuch as are tent to Siam for Women's
Petticoats, fifty Pieces of five threaded Damaiks, with red, blue and yellow Flowers.
The Returns made from thence are in Shells called Cauris, or Cowries, which
ferve as Money in many Parts of the Eajl-Indies, as they do on the Coafts of Af-
rica, where the Europeans carry them, dried Fifli, and the Bark of the Cacao Tree,
prepared for Spinning to make Cables with. There may likewife enter into the
Canton Cargo for Achem, fevcral Species of European Goods, fuch as all Sorts of
Nails, Iron Anchors from three to fourteen Qiuntals Weight, Ircn Guns from
two to five Quintals, Wine and Brandy in Bottles, fome ChifTcIs, Spcftacles,
twenty Barrels of Pitch, Paper, Iron in flat broad Bars, Cordage from one to five
Inches thick. Padlocks, and alfo fome blue Linen for Women's Petticoats.
m
i»i
Of
' xl: •■ilk
780 0/ the General Trade of the WORLD.
Of the EngliHi Trade from Madras to Canton.
THE Ships lail on their Voyage in the Month ofjuly, and arrive there in
jluguji or September ; fometiines they lofc their Paffagc, in waiting too long
for thofc from Europe, to get Dollars, as without thcfc they can do nothing
in Trade to China. They fail on their Return from Canton in January or Fe-
bruary, and their Voyage eithe: going or coming is from forty-five to fixty
Days.
The Goods carried from Madras, are Englijh Lead, Lead and Pewter from
Pegu, Malaccan liquid Storax, Rattans from the fame Place, Incenfe, Afla Foetida,
Madras red Wood, Myrrh, Puchoc, and fine Pearls of all Sorts. The Goods
in Return are. Gold, Copper from Japan, and ditto from Canton like the other,
Toutenacque, AUum, Qmckfilvcr, Vermillion, ordinary Porcelanes for the Moon
Vic, white Sugar, and Sugar Candy from China.
l*„.
Of the Trade from Surate to Canton.
THEY carry from Surate to Canton the fame Goods as from Madras,
befides a Quantity of Cotton ; and thofe brought back from Canton are alio
the fame, except the Gold. They fail from Surate in the Month of May or June,
in order to arrive at Canton in Augujl ; and cume from thence about the 1 5th
of December, to finilh their Voyage in A* cA.
The Europeans Commerce neith Canton.
THE Ships which annually arrive here from England, Trance, Portugal ani.
Holland, commonly bring the following Goods, viz. Silver, in various Coins,
all Sorts of fine Cloths, Camblets, Serges, and other Woollen Stuffs, fine Linens
from Holland; Clocks and Watches, Looking-Glaffes of all Sizes, Mathematical
Inftruments, EngliJh'Etvrcts, Pencils, Paper of all Sorts, various Ornaments for
both Sexes, fome European Liquors, and efpecially Wine -, of all which Commodi-
ties a good Part is diftributed in Prefents to the Mandarins in the Government of
this Place, and the Merchants generally make a confiderable Advantage of the reft.
They employ the Silver they carry in the Purchafe of diverfc Sorts of Goods,
in Virtue of certain Agreements made beforehand, which arc raw Silk, Da-
malks wrought according to Patterns given ; plain Silks, lacquered Wares, Green
and Boiica Tea, Badianes (a Seed from the Anis Tree growing in China, {q
called from the Smell which its Wood has, like that Aromatick in Europe) Canes,
and Porcelane after the Models and Paintings dire<^ed. They alfo fometimes buy
Gold here, though but feldom, as they have it much cheaper in India. At Canton,
fome precious Stones (excepting Diamonds) are likewife to be met with, though
never in any great Quantity.
It is at ^luantung and Fokien, that the beft Chinefe Brocade Silks are made, and
of which a large Quantity are brought to Europe; all which Commodities are
purchafcd with ready Money ; and the Sales q( Europeans Goods are on the fame
Terms, as Strangers find a confiderable Difference in their Disfavour by Barter,
and therefore maintain the Method of buying and felling for ready Money only.
In 1720, a CommilTary from the Af^^jft/ Company arrived at Canton, and
obtained Liberty from the Court to refidc there ; but on propofing to load a Ship,
he found fo many infurmountable Difficulties lying in his Way, that he thought
beft to decamp, and quit his uneafy Refidence ; in the fame Year alfo a Snip
arrived there under the Emperor's Colours from OJiend; the Fate of whicli
Company being fo well known, I have no need to enlarge about it.
Bclides wJut is before-mentioned, there arc tranfported from Europe to China,
and from China to Europe, a thoufand Trifles, which leave a confiderable Gain,
though are too numerous tc be particularized ; I fhall therefore omit attempting
it, and proceed to give fome Account of the Trade carried on between the two
I Empires
0/ A S I A, ^c.
Empires of Ruffiu and CAina, as it properly comes in here, and for which Mr.
Lange has furniHied me with Materials ia his Journal, &c.
A State oftbi Trade between Ruffia and China in 1721 and 1722.
/"VUR Commerce with China (fays the above-mentioned Author) is at prefent
^-^ in a pitiful Condition, and nothing in the World could have prejudiced our
Caravans fo much as the Commerce maintained at Urga, (the Chan of the Wefterii
Moungales Camp, tributary to China) for from thence arrive at Pekin Monthly,
nay Weekly, not only the fame Goods as our Caravans convey there, but of a
better Quality, and carried in fuch Quantities by the Cbinefe Merchants, who
are continually coming and going between Pekin and IJrga, and thofe which
the Lamas or Moungalean Priefts, furnifh on their Part ; that makes the Value
amoun*^ to four or five Times as much as a Caravan going under her Cz^rj/Zi
M -fty's Name ; befides. Particulars are able to bring thefe Commodities fo much
cheaper to Market, than the neceflary Expences of a Caravan will permit the
Commiffary of it to doj and having not only the Advantage of travelling cheaper,
but alfo quicker, they have an Opportunity to foreftal the Market, and fell
their Goods before the Caravan can arrive ; it is therefore our Author's Opinion,
that except the Trade between Ruffia and Urga be prohibited, only with the
Allowance of carrying there Cloths and Ruffia Hides, the Ruin of the Cara-
vans is certain and near, and which may in the End draw on that of all the
Mufcevite Trade in thofe Parts. The Goods commonly brought from China to
Puffia are, fmall ftrung Pearls, fine Gold, various Sorts of raw Silk, Damalks of
different Goodnefs, plain and flowered Sattins, fevcral Species of Silk Shagreen,
fpun Silk, C^jiion Cloth, all Sorts of Green and Bohea Tea (which they might have
in greater Perfection in Ruffia, than in any other Part of Europe, as the Northern
Provinces of China produce by far the heft, and the Mufcovttes have this by the
Way of Siberia ; fo that would they be careful in its Package, it would naturally
retain a higher Flavour than that which comes by Sea from Canton ; but their
Indolence leading them to a Negledt of this Precaution, their Teas are generally
tainted, and contradl an ill Tafte, of which their Delicacy renders them greatly
fafceptible) BaJianes (before defcribed) Porcelanes, Carpets, Silk Flowers ftuck
on Paper, and fome Tobacco. The Commodities fent from Peterjburg to China,
are Jewels of feveral Sorts, Sables, white and common Fox, Lynx, Beavers, Er-
mine, Minever, Badger, and Seal Skins, with fome Teeth of thi. aft Animal.
I might here ada fomething of the French Traffick to China, as I faid but
little about it, in treating of that Nation's general Commerce j but I omit it now
for the fame Rcafons I did then, viz. becaufe both their outward and home-
ward bound Cargoes, are in all Things fo like thofe I have mentioned in tlie
Engli/h Trade, that a Repetition would be fuperfluous.
jSt
m
m
;-»! 'I
0/ Macao.
ALthough the City of Macoa is not to be reckoned among the moft confider-
able ones of China, either for Grandeur or Number of Inhabitants, yet it
merits a particular Regard, on Account of the Reputation that it has always held
among tnofe where the Portuguefe have been eftablifhed in the Eaft, and ftill pof-
fefs there ; as alfo becaufe it is the firft where the Europeans opened the Trade
of this great Empire, and which it enjoyed alone nc-r two Ages, that they were
permitted to come and trade in it.
This famous City is fituated in a Peninfula of the Oriental Ocean, on the Coaft
of the Province of Canton, to which it is joined by a Slip of Land, at forty
Leagues by Sea didant from its Capital, where the Portuguefe fettled the Beginning
of the fixteenth Century.
Before the Chinefe were familiarized with thefe new Comers, who under Pre-
tence of trading, were already pofleffed of the ftrongeft Cities of Indie, and their
Fleets Mailers of the Eaflern Seas, it was only permitted the Portuguefe to come
9 N ' annually
-t
..'J
782 0/ //&<? General Trade of the WORLD.
annually with their Goods to the defart Ifle of Sunchan, and there to open Shop
in Huts, made in Haftc of the Boughs of Trees and Turfs, without being Ucenfcd
to build any Houfes. Their Credit encrcafing, they advanced to Macao, ten
Leagues from iS^/wfiij^, where they afterwards improved what Opportunities offered,
to ingratiate themfelves, and obtained Permillion to build Houies and Magazines.,
and to encompafs their new Town with a fingle Wall.
The Dutch, jealous of the China Trade, where they could not be received,
attempted to drive thefe Portuguefe out a hundred Years after their Eilablifh-
ment ; but having miffed their Aim, their Entcrprize only fcrved the better to
fecure their Enemy's Settlement, as the Fortugueje laid hold of this Occalion to
obtain the Liberty of fortifying their Habitation, which was granted, as they were
better liked for Neighbours than the Dutch.
The Fortifications of this Place are fine and regular, and the Portuguefe have
now built three Forts, on as many Eminences, or little Mountains, always guarded
by a ftrong Garrifon, and defended, as is faid, by two hundred Pieces of Cannon.
The Ifthmus, which joins the Pcninfula o( Macao to the Continent, is Ihut
out by a ftrong Wall, built crofs it, that has a Gate in the Middle, by which
all the Cbimji may come in, and go out, but no Portuguefe may pafs it, on
Pain of Death -, it is at this Gate, where the Emperor of China's Officers are paid
the Cuftoms of Importation and Exportation, on all the Goods, Provifions, and
Fruits, which are brought to, or carried out of Macao by Land. All the Portu-
guefe Trade was at firft; fluit within the Circuit of the City, where they receive
their Merchandize, and where the Junks from Canton, and the other iVlaritimc
Provinces of China, came to take them in Exchange for their Silks, Stutis, and
other Chinefe Manufa<5lurcs and Produdts.
Afterwards, fomc Merchants of Macao had Permiflion (for it was not indif-
ferently granted to all) to go twice a Year to the Fairs at Canton, and Purchafe
what they thought proper, who generally left Orders for fuch Goods as they
fliould want the next Voyage, that they might be making during the Time
between the two Fairs, which if they fpcnt there, it was always aboard their
Ships, as well for their own Safety, as to avoid the extreme Millruft and Info-
lence of the Chinefe, and they were obliged to pay large Sums to the Viceroy for
Lcive to trade.
It was with thefe Goods they carried from Canton, and thofe ihat the Chinefe
Junks brought to Macao, or what came in by Land, that the Portuguefe formerly
compofed all thofe rich Cargoes that tliey yearly fent to Japan, the Manillas, and
all the Parts oi India from Goa to China, where they carried their Trade to, be-
fore the Dutch came to interrupt them.
At prefent this Trade is almoft reduced to nothing, and they enjoyed but few
Advantages from the Treaty they made in 1680, with the Co\irt of Pekin, by
which it was agreed that they only fliould tranfadl the whole Commerce of China,
exclufive of all other Nations ; this Privilege having lafted not quite five Years, as
the Ports of thia vaft Empire were opened (as before mentioned) in 1685, to all
thofe who would come to trade there.
Commerce of the Kingdom and Peninfula o/'Corea.
'T^HE Kingdom of Corea, called alfo Caoli, and Tiocencouk, extends from the
■■■ thirty-fourth to the forty-fourth Degree of Latitude. On the South it is
very near to "Japan ; and on the North it joins to China by a high Mountain,
which keeps it from being an Ifland. The Country is not equally fertile, as the
Northern Coaft produces hardly fufficient to fupport its Inhabitants, who only
fubliil on bad Barley, and are cloathed with Animal Skins ; whilfl on the con-
trary, the reft of the Kingdom produces in Abundance all Ncceffaries of Life,
bcfiJc!, Cotton, Hemp, and even Silk, though they are ignorant how to fit it for
life; here ib alfo found Silver, Lead, Tiger Skins, NifiorGinfeng Root, fomuch
cfteemed by the Tartars and ChineJ}, a (Quantity of large and fmall Cattle, more
efpecially Hoilcs, Cows, and Plogs. Tiie Coreans hardly trade with any others
liun the Jiiponfe, and die Inhabitants of the Ifle of ISuiJima, fcatcd between
Japan
0/ A S I A, ^c.
Japan and CoreaJ who have a Magazine, or Depofit for their Merchandize, to the
South-Eaft, in the City of Poucia fit.
The Goods brought to Corea, are Pepper, Brazil Wood, Allum, Buffalos Horns,
Stag and Buck Skins, and other Commodities, even Ibme from Europe, which
the Dutch ^nd Chineji fell to the "Japanefe. All thefe Goods are exchanged and
trucked againft the Manufadturcs and Produdlsof the Country; and the Coreaiis
have alfo Ibme Trade diredly to Pekin, and the Northern Provinces of China ;
but this Bufmefs is of fo great Expence, as it muft be carried on all by Land,
and on Horfeback, that only the moft confiderable Merchants are capable of un-
dertaking it ; it is tiiofe of Sior who go thus to China, and are not lefs than
three Months in their Journey, the whole Commerce confifting in Linens.
This Kingdom has from Time immemorial been tributary to the Chinefe, who
treat it very feverely, not permitting it to have any Trade with Strangers, though
the InhabitrtiiU go clandeftinely with their Goods by the Sea of Japan, in the River
Amur, and from tiicnce by the Nafunda, to the City of Naun, to trade there with
the Moungalcs, and indirectly with the Ruffians. They go twice a Year to Pekin,
viz. in the Months o{ March and Augujl, to the Number of forty or fifty Perfons,
as well to pay the Emperor his Tribute, as to carry on their Trade, which princi-
pally confifts in the following Particulars.
A Sort of thick large Paper made of raw Silk, which ferves in China for Window
Safhes inftead of Glafsj Gold and Silver figured Paper; all Sorts of large Fans,
varioufly fafliJor<^d; very fine Mats which ferve in Summer inftead of Mattraffes;
fmoaking Tobacco cut very fmall, of which vaft Q^ntities arc confumed in China,
where it is better efteemed by the Natives than their own ; a ftriped Cotton Cloth ;
a Sort of Skins which the Ruffians call Chorky, which arc found in great Abun-^
dance here, and for which there is a large Demand at Pekin ; a dried Firti taken
from fome large Shells caught in the Sea of Japan ; beiides which they carry there
large Sums in Silver, and with them purcnafe the fineft raw Silk and Cotton,
Damafks, a Sort of Stuff mixed with Silk for Linings, Tea, Porcelane, all Sorts of
Kitchen Furniture in white Copper, and Sable's Tails.
783
• ■■•'•"■^■li.i
I V 1
Trade of the IJlands in Afia.
THE trading Ifles of which I intend to treat, are the Maldives, Ceylan, the three
Illands of Sonde, viz. Sumatra, Java, and Borneo, the Moluccas, the Philip-
pines, the Ladrones, and the moft famous of all, the Ifles of Japan.
I might here alfo take Notice of the Ifle oi Amian on the Coart of China, and
that of Formq/o, where the Dutch built the Fort of Zeland; but this having re-
turned in 1661 under the Dominion of China, and the Europeans carrying on no
Trade to either, I (hall content myfelf with having only mentioned them ; and
follow the fame Method in treating of thofe above mentioned, as I obferved with
the AJiatick Continent, that is, to fpeak of them as they lie in our Way, on
advancing into the oriental Sea, and fo to run them over from the Maldives, which
firft prefent themfelves, to the Ifles of Japan, beyond which the Europeans carry
on no Trade.
Of the Maldives.
THESE Ifles, more famous for their Number than Grandeur, iie in the Indian
Sea, at fixty Leagues from Cape Ccmorin, extending from eight Degrees
North to four Degrees South Latitude, Their Number is uncertain, and it daily
dccreafeth, though they are computed to be at leaft twelve thoufand, Part inhabited,
and Part defert, which are divided into thirteen Attolons, that is thirteen great
Parts, by pretty large Channels that feparatc them, the Iflands ofeachAttalon being
fo near to one another, that at Low- Water the Communication may be made on
Foot, without being wet higher than the Knees. The greateft Trade of thefe
Ifles confift in thofc fmall white Shells called Cowries, fo often mentioned in this
Work, and the Dutch are the People principally concerned in it, whether to India,
where they diftribute a Share, or in Europe, where they fell them to moft other
Nations,
8
^M 'I
•iTa
'VvJ
784 0/ />&^ General Trade o/*//j^ WORLD.
Radons, who trade to Guinea^ Juda, and on the other Coafts between Cape
Verd, and that of Good Hope ; befides which ♦he IH^rders carry a large Quantity
diemfclves to Ceylan, and fome other Places on the Malabar Coaft, from whence
a great many are fent to Surate and into the Dominions of the Grand Mogul.
The Goods given them in Exchange for their Shells, are coirfe Cotton Cloths,
Rice, and fome other Provifions, that do not grow in their Iflcs. The tocoa Tree
aUb furniihes them with fome Merchandize that they fell to Strangers $ though
Dr. Garcin has exploded a vulgar Error, hitherto propagated by moft Authors
who have defcribed thofe Trees as Natives of thel'c Ifles, accounting them the beft
of any in India, which I thought would not be unacceptable to my Reader, if I give
it a Place here ; the Doitor acknowledges, that here sre Plenty of the common
Sort of Cocoas, though in nothing different from thofe growing in their neigh-
l>ouring Countries j but that Specie to which the Preference is to be given, and
whofe Product thefe Ifles are fo celebrated for, does not yield the edible Nut, but
one only ufeful in Medicine, being efteemed by the Indians very good againll
Poifbns, Cholicks, Fevers, and Affeftions of the Nerves, for which they come to
ieek, and purchafe it at a very confiderable Price.
©/■Ceylan.
THIS Ifland, called alfo by fome Ceyion, is feated in the Indian Sea, at forty-five
Leagues Eaft from Cape Comorin. Its Length is about eighty Leagues (being
between the fixth and eleventh Degree of Latitude) its Circumference more than
two hundred, and it is fuppoicd to be the tafrebana of the Ancients.
The Portuguefe dilcovered it in 1 506 or 1 509, but they could only fettle on the
Coails, without having ever been able to penetrate into the Country; they enjoyed
their Conqueft, and the Cinnamon Trade for more than a Century, when the
Dutch having began to make thcmfclves known in thefe Parts in 1602, foon after
feized on Gale Point, and fucceflively made themfelves Mafters of all the other
Forts, till they had chafed the Portuguefe entire from the Ifle in 1657 by the
Capture of Columbo, the fineft and ftrongeft of all their Cities, not only in Ceylan,
but in all India. This Conqueft was made with the Affiftance of the King of
Candi ; and one Claufe in the Treaty was, that this Place fhould be put into his
Hands ; but the Dutch having thought it more for their Intereft to keep it
themfelves, were foon embroiled with their new Ally, and from that Time to this
the Concord is nothing better between them, than it was before between the
Cingales (or CingalaisJ and the Portuguefe, the former being prohibited on Pain
of Death to have any Commerce with the Dutch, though this muft be underftood
of the Mountain Cingales who belong to the King of Candi, and not the Maritime
ones, as thefe are the Hollanders Subjcds.
The Fr:^ch in 1672, attempted an Eftablifhment in this Ifland, and the King
of Candi, who would have been pleafed to oppofe them to the Dutch, as he had be-
fore done theft againfl the Portuguefe, granted them by Treaty the Port oiCottiar,
feated on the Bottom of Trinquemale Bay, in the eaftern Part of the Ifle ; but the
Enterprize of St. Thomas, m which Admiral Dejhayes lightly engaged the French
Squadron then under his Command, hindered his fupporting this Settlement that
he had begun, and the War which was then declared between France and the
States General, having afforded Opportunity and Time to the Dutch for difplacing
the French, they remained in their firft PoffefTion, that is, fole Mafters of the
Coafts and Cinnamon Trade, but always ill with the Mountain Cingales, who
continually reproach them with their Infidelity.
The principal Places that the Dutch have on this Ifland's Coaft, which they
entirely poflefs, (except fome to the Wejiward) are Colombo, the Capital of them,
and the Governor's Refidence, Negombo Matura, Gale, Caliature, Batecalo, and
'Trinnuemale, two Forts to the Eaft, befides fcveral Habitations.
They have alfo the Ifle of Manar, and the Kingdom (or large Peninfula) of
Jaffanapatnam, both to the North. The Commodities commonly found in
Ceylan, and which arc coUedtcd with very little Trouble, are Long Pepper, Cotton,
Ivoiy, many medicinal and dying Roots and Drugs, Cardomoms, Silk, Tobacco,
3 Ebony,
l%4
ILD.
between Cape
large Quantity
, from whence
nd Mogul.
Cotton Cloths,
'he (.'ocoa Tree
ngers j though
f moft Authors
g them the bcft
Leader, if I give
if the common
in their neigh-
) be given, and
sdible Nut, but
ry good againll
h they come to
3ea, at forty-five
Leagues (being
ence more than
nts.
nly fettle on the
•yj they enjoyed
jtury, when the
1602, foon after
of all the other
in 1657 by the
t only in Ceylan,
of the King of
1 be put into his
reft to keep it
lat Time tc this
between the
ihibited on Pain
be underftood
jt the Maritime
, and the King
, as he had be-
^urt of Co//Mr.-
Ifle ; but the
iged the French
ttlement that
"France and the
for difplacing
Vlaftcrs of the
Cingales, who
ft, which they
apital of them,
Batecato, and
se
PeninfulaJ of
nly found in
pper. Cotton,
Silk, Tobacco,
Ebony,
Of ASIA, ^c. 785
Ebony, excellent Wood for buildings Lead, Betel, Areque, (the beft in India)
Wild Honey, Muflc, Wax, Cryftaf, Saltpetre, Brimftone, Sugar, Curcuma (a
Root for Medicine and Dying) Rice, (of which the Dutch carry large Parcels to
the Coaft of CoromandelJ Iron, Steel, Copper, Gold, Silver, and all Sorts of pre-
cious Stones, (except the Diamond) Cinnamon and Elephants.
Though all thefc Commodities abound in the Uplands, fubjedl to the King of
Condi, the Dutch have them not in fuch Plenty, and but few of them, except the
Cinnamon, when the Cingalais do not dare to venture on a Breach of the Prohibi-
tion for their trading with the Hollanders j it is therefore principally with this
Aromatick that the Dutch fupport their Traffick here, and it is not the whole Ifle,
that produces it equally, here being many Places where but little grows, and more
where there is none at all. That called the Cinnamon Field or Ground, and which
belongs entirely to the Dutch, is from Negambo to Galiettis (a Village three
Leagues to the Eaft of Fort Mature) which comprehends a Part of the Weftern
and Southern Coafts of the Ifle. The beft Cinnamon is that in the Neighbourhood
of Columbo and Negombo ; that of Gale Point is alfo very good, and the reft but
middling; it is diftinguiftied into three Sorts, viz. the fine, middling and coarfe, of
which the young Trees produce the fine, and of a worfc Quality in Proportion
to their Age, though the Bark muft at leaft be two or three Years old. This
Tree multiplies greatly and almoft without Culture, but the Dutch hinder their
Increafe, to make this precious Bark more fcarce and valuable.
The Cinnamon Tree comes very near in Chara£ters to the Laurel, that is, in
Flower and Fruit, and the Natives fuppofe there to be nine different Sorts ; fome
diftinguifhed by their Smell and Tafte, and others by their comronent Parts j
among which is one that fmells ftrong of Camphire, and another with a thorny
Trunk and Branches. The Seafon for barking and getting in the Crop, is June,
Juh or Auguji, and it lafts three Weeks or a Month, according to the Quantity
gathered ; between three and four thoufand People are employed in it, all of them
enrolled, and difciplined with as much Exa£tnefs as regular Troops, that they
may perform their different Functions unconfufed.
Next to the Advantage arifing from this Commodity, the Dutch reap the greateft
from Areque and Elephants, (which the Natives cultivate and hunt for them) by
tranfporting them to feveral Parts of India, where they firft fell in Preference to
any other, and the latter will fetch from fifty to eighty Pounds Sterling each.
CySund or Sonde IJIands.
THESE are a great Body of Ifles, lying in the India Sea, to the Weftward of
the Molucques, from the eighth Degree of North to the fame of South Lati-
tude, and between the hundred and thirty eighth and hundred and fifty eighth
Degree of Longitude, of 'vhich the three principal ones are Java. Sumatra, and
Borneo, as well for their Extent as Commerce, of which I fhall treat in the
Order I have here placed them.
Of Java.
'^i.AVA, feated to the South of Sumatra, reaches from the Streights of Sunda to
J thofe of Balamboang, which is about two hundred and twenty four Leagues ;
and its Breadth being unequal, the Circuit may be near four hundred and eighty.
The Dutch are at prefent the only Europeans eftablifhed on it j having firft ini-
quitoufly polTeft themfelves of the Englip Settlement at Jacatra, and suterwards
that of Bantam, they have fince hindered any others from coming here.
The Javans, jealous of their Liberty ard Trade, did for a long Time refuie all
Europeans leave to fettle in their Country, till the Englijh, towards the End of the
fixteenth Century, landed, and were by the Emperor of j^<2v<7 permitted to build a
fmall Fort at Jacatra, with Warehoufes and a Lodge for their TzOiors and Goods ;
and the King oi Bantam alfo gave them Leave to eftablifh a Fa^ory in his Capital,
in order to fharc a foreign Trade with his*Neighbours.
9 O It
i"rl'
:^}
U
■ I ■
m
::: I- ' ■■;
ft
&:&.
786 0/ the General Trade 0//^^ WORLD.
It was in 1617 that the Dutch, who till then had not had any fixed Trade ai
Java, came to cftablifli there, but (according to their Pradlicc in the Indies) at
the Expencc of othef, having (in Sermon Time) furprizcd the Engtijh Fort at
?acatrt; and plundered their Lodge and Goods, they afterwards built there tjic
ii.y of Batavta.
The Englijh, well fettled as they thought at Bantam, (which was the Rcfidcncc
of the fecond Prefident of their Company) continued to carry on as confidel-able a
Trade as the Dutch 5 but were difpofleft of this Place alfo by their envious Neigh-
bours, under afalfc Pretext and feigned Authority of the King, a Detail of which
is too long to be infertcd here.
Before the Hollanders became Mafters of Bantam, the yavinr who were natu-
rally born for Trade, carried on a very confiderable one themfelves, not only in
feveral Ports of their Iflands, 1 ut to the moft remote Places of India ; and though
this Bufinefs is greatly diminished, through the fuccefsful Endeavours of the Dutch
entirely to deftroy it, yet a Part ot it ftill iubfifts, by Means of the many Havens,
and Ports in the Ifle, where the Company have no Eftabliftiments.
The Places of their chief Trade, befides that of the Ports in the great and little
'Java, arc Sumatra, Siam, Malacca, Borneo, Celebes, Bouton, the Moluccas, Banda
Solnr, and Timor j though in Regard of the Moluccas, and the other Ifles de-
pendant on them, they muft have Leave and take Paflports for going there from
the Dutch, who arc abfolute Mafters of them, and which is always difHcultly ob-
tained, and at a confiderable Expence ; they alfo trade by Sea to Batavia, and it is
here they diredl their principal Traffick to, as it is the Relbrt of many Nations from
all Parts of ^Jia.
What they deal moft in is Rice, which they go to purchafe, and then tranlport
it elfewhere ; they however engage in the Dilpofal of all Commodities growing on
their Ifle, fuch as Pepper, Cocoa Nuts, Oyl, Sugar,- Cardamoms, Opium, Indigo
Birds Nefts, Horfcs, Areque, many medicinal Drugs, Benzoin (from Bornea)
Ginger, Copper, Gold, t/^-. in Exchange of which they bring back feveral Sorts of
rich Silk Stuffs from Cot-omandel, Bengal, and more efpecially the Patoles of Surate
Cotton Cloth, Counterpanes, Mats, Fotas (a Sort of Womcns Drefs) Lacque,
ttanfparent Rofin, Tortoifc Shell, Pewter, Lead, Porcclanes, Tea, Sandal, Wood
Ivory, European GDods, Cinnamou, Nutmegs and Cloves, which Spicc they are
obliged to buy of the Dutch, except they can clandeftinely procure fome of
the two laft Sorts from the Moluccas and Banda, to which they arc very near
Neighbours.
The principal trading Cities of the I(ie, are Balamboang, Panarocan, Joartam,
and Ciaaiou, of which the Dutch have almoft ruined the Trade, to draw it to
Japara, where they are Mafters, which lies ninety four Leagues from Bantam,
from whence they get the greateft Part of their carpentary Wood, Cattle, Rice,
. and Fruit, to fupply the Inhabitants of Batavia, Amboina, T'ernate and Banda, and
to whole Port the javans, Maca£'arois, and feveral other Nations, even from the
moft remote Parts of /IJia, fend their Ships ; Cheribon on the fame Coaft, at fixty
feven Leagues from Bantam, where the Company have a Fort, as well as at %-
fara. There is yet on the Coaft of this great Ifle, Tagal, Samarang, Rambam,
where the Company build their Sloops, and other V^eflek, and Sourabaic (to all
which the Dutch have Forts;) in fine. Bantam and Batavia, which are the only
two of whofe Trade I fliall fpeak, as the Dutch have in a Manner here united that
of tlie whole Ifle.
Bantam is the Capital of one of the two Kingdoms, whofe Kings divide the Em-
pire of the Ifle oijava; he ai Bantam extends his Dominions even into the Ifle
of Sumatra, on the other Side of the Strcights, where he pofl'efles Sillcbar, Dampin,
and Lampon. Bantam was, before the Europeans had penetrated into the Eajl,
one of the moft trading Cities oi India; the Arabians, Turks, Moors, Chinefe, and
ulmoft all the Nations of India fending their Ships 'lere.
I have already faid, that the Englijh were the hrft Europeans who here obtained
a Settlement, where their Commerce flouriflied for a long Time; and I could
greatly enlarge, and give a black Detail of their Diflodgment, but I dare not tref-
pafs fo much on my Readers Patience ; let it therefore fuffice to repeat, that the
Dutch have rcmainc>d Mafters here ever linee they unjuftly deprived our Coun-
trymen of it.
3 Thcrt
0/ A S I A, ^c.
There is no Place in the Illc of Java, where Refreihrnents coft lefs than here ;
the Natives, who on the Ships Arrival bring them in Plenty, are contented in
Payment with Pins, Needles, fmall Knives, &c.
Batavia is fcatcd alfo in the Iflv of Java to the eaftward of the Kingdom of
Bantam, and twenty Leagues from the City of thai Name, which is the Capital :
It is built on the River Jacatra, and nearly on the Ruins of the ancient Town of
the fame Denomination, that the Dutch took from the Englijh by Surprize in
1617, as before mentioned, and which they had often defended againit all the
Forces of the Emperor of Maratan, the moft powerful Monarch of the Ifle. In
1619 it took the fizmt oi Batavia, though it was not iinifhed and put in its pre-*
fent Condition till 1660.
This new City, which yields in nothing to the fined ones of Holland, either for
the Length of its Streets, Magnificence of its Buildings, Convcniency of its Ca-
nals, and Beauty of the e cr green Trees planted on each Side, is defended by a
Citadel with four BafHons, founded on Piles, in which the Company always main-
tain a Garrifon of a thoufand regular Troops ; befides which Fortification, there
are diverfe advanced Ports within Land, furtained by Redoubts, or fmall Forts, to
cover the Soldiers from the Excurfions and Surprizes of the Javans.
The City is peopled with diverfe Nations, of which the Dutcib make near half,
and among them are fome of tl»e Portugueji, though almoft all of them Proteftants,
who have two Churches here, where the Minifters officiate in their own Lan-
guage } the Malayans have alfo one, and the other Inhabitants are permitted the free
Exercife of their Religion: The Suburbs reach near half a League into the Coun-
try, and form a larger Town than Batavia itfeU, peopled with Chinefc, Moors,
2'avans and Malayans, and alfo many Dutch Artifans ; the firft are the principal
[ulbandmen, who fow Rice in the Grounds they cultivate round the City, and
have brought it to fuch Perfedion as not to need any foreign Supplies ; Sugar is
alfo gathered here in Plenty, and there are many Mills on the River Jacatra,
for bruifing the Canes, and feveral others for making Paper, Gunpowder, and
grinding Corn ; but all thefe Advantages, though capable of making any City
nourifh, are nothing in Comparifon with thofe that the Company's immenfe Trade
brings here, where all Sorts of European and Afian Commodities are amafTed, and
their Warehoufes well filled, either for loaaing their Ships bound home, or thofe
dertined for the Trade of China, Japan, all India, Perfia, Arabia, and the Red
Sea } Batavia being the Center where all the Company's Effedts enter and go out,
by a perpetual Circulation, and always with an inconceivable Advantage, though
confiderably diminifhed by the indirect Gains of fo many principal Diredtors, and
their Subalterns, through whofe Hands all the Affairs pafs, and who in Places fb
diftant, are apt to forget their Conditions, and think tnemfelves Marters of thofe
EfFedts, of which they are only Depofitaries.
The Council oi Batavia has eight Governments fubjedt to it, viz. that oiCeylan
and Coromandel, in the occidental Peninfulaof the Ganges; tht^toi Malacca, at the
Extremity of the oriental Peninfula ; four on the Molucca Ifles, which are Macaffar,
Amboina, Ternate, and Banda ; the eighth is that of the Cape of Good-Hope,
After thefe Governments there arc three Directions, each filled by a Chief with
the Title of Diredor, the one in Perfia, the other at Surat, and the laft at Bengali
the Direftor of the firfl refides at Gammeron, and has the Lodges at Ifpahan and
Kerman, in his Dependance ; that of Surat, where the Director refides, has under
it the Lodges of Amadabat, Barochia [or Brochia i) and that of Bengal, which is
very extenfive, has its orincipal Settlement at Ougli, where the Director rc(ides,
and has under his Diredlion that of Cazembazar, Bella/or, Decca, Patna, and
Chiopera ; Pepeli belonged to it formerly, but the Company have abandoned it for
a long Time. Four well fortified Places ferve to guard the Country, where are
many Eftablifhments, the chief of which bearing the Title of Commandaries ; of
thefe there are two in Ceylan, viz. Point Gale, and Jaffanapatnam ; the other two
are Cochin on the Malabar Coaft, and Samarang on the Coaft of Java.
The other Fadtories or Lodges are thofe on the Coaft of Coromandel, under the
Governor of Nagapatnam ; thofe of Java fpccified in this Section, under the
Commander of Samarang ; thofe of Sumatra, which are Palimbang, Jambi, and
Padang, areindcpendant of all others but the Government of Batavia; in fine, thofe
of
7^7
hi'Mki''
Wf :' A
»'• t
i('»
^<i£
If:
^.,')
^88 0///&f General Trade o/M^ WORLD.
of Sf<m and Japan, which injudia and Lf^^or for the firft, and Nangafaki for
the fecond { and three Lodges lubjedt folely to the upper Rcgeiicy, although their
Chiefs have only the Rank of Merchants. They had formerly a Settlement at
TuHqum, but they abandoned it in 1700 ; fo that from the preceding Account may
be gathered, that of FaAories fubjcA to Governors, Diredtors and Commanders
(wluch are the moft confiderable ones) there are fifteen, and of the other fubaltern
Settlements, fmall and great, from fifty-three to fifty-five.
This Illand is the moft fertile and populous of any in the World i here grows
an incxprefiible Qiuuitity of Rice, and Cocoa Nut Trees, which are the principal
Food or the Natives. All Sorts of Indian Fruits rse found here in Plenty j the
Fountains and Rivers are numerous, and fo equally and commodtoufly diftnbuted,
that nothing better or more convenient could poiTibly be defired, which fo fertilize
, the Lands, as to procure Abundance, and this the congregating of fuch a Number
of Inhabitants, who are naturally addicted to Trade, whkh the many navigable
Rivers here greatly contribute to their carrying on. Wild and tame Fowl abound
in an extraordinary Manner, a Hen being worth no more than a Penny Sterling.
Here are Stags and wild Boars in Plenty, Rhinocerofes and Ty^rs are frequent in
the Woods, which are very tliiclt on the Mountains that ganufh the Jfland, and
thefe both imall and great arc generally cultivated. The innermoft northern Coafl
is the beft, and the moft populous, on Account of its great Fertility, being alfo ren-
dered the moft frequented by its convenient Situation for Trade and Navigation,
which is very different from the foutbem Coaft that is the exterior Part, in Re-
fpe£t of the liles of Sund, and the great Sea ; the Shores of this Coaft are fteep, full
of Shoals and Rocks, which render them difficult of Accefs, and but thinly inha-
bited. The principal trading Places aloM the other Coaft are firft.
Bantam, (already defcribed) after paMg the Strcights of Stmda, whkh are
twenty-eight Leagues long, and from them to Bantam are five Leagues more.
Batavia (likewife treated of) it twenty Leagues to the 'Ea&vttKd. of Bantam :
And
Cteribon (where the Dutch have a well fortified FaAory) is a Citydiftant froat
Batavia forty-eight Leagues by Sea, and compofed of near eight thoufand Fa-
milies, in as many Houfes, fomc of Stone, others of Wood, but the grcateft Part
ofBamboes. This Place produces a good deal of Rice, Timber, Indigo, edible
Birds Nefts, &c.
Tagal is another City, where the Company have a Fort and Lodge, twelve
Leagues to the Eaft of the laft mentioned, than which it is a little bigger, and
its Buildings much the fame.
Samarang, twenty-two Leagues from Tagal, and about fixhr-eight from Ba^
tavia, is a City furrounded by a Plain, and crofted by a River tnat receives Barks
and fmall Veflels between its Mouth and the City { it is the biggeft on the Coafl
after Bantam, and fuppofed to contain more than twenty thoufsuid Houfes ; the
Company have a Fadory and Fort here, which commands all the others that
are on the Coaft, the Chief bearing the Title of Commander, and is the fourth
that it has in India. The Chineft, who have fpread themfelves on all this Coaft,
as well as in the other Ifles, are very numerous in this Place, by whofe Means
the Company correfponds with the javan Court kept at Cartafoura, a good Way
within Land, as the Emperor has for mony Years quitted Mataratn where he
formerly refided ; it is reckoned four Days Journey from Samarang to Carta/iura,
and Mataram is another Day's Travel further to the South.
Torrabaya is a City on a River, a good League's Diftance from the laft treated
of, with near fix thoufand Houfes or Families ; and at nine Leagues further on
the Coaft is,
Japara, a large City wafhed by the ^ that may contain about ten thoufiind
Families, where the Dutch have a Fort built on a River : And twelve Leagues
from hence ftands the City of
Javana, fituated near the Sea, being i'ull of People and Trade, with near ten
tlioufand Houfes.
Rambang (or Ramham) is four Leagues to the Eaft, and may contain about
fix thoufand Houfes ; I have before mentioned that the Company, have a Yard
X here
e, with near ten
0/ A S I A, ^f. A
here for building Shallops and other fmall Venfcls { and here is a great Trade
carried on in Rice, &r.
Toubani lies thirteen Leagues further, and is a City with about five thoufand
Families, who alio furnifli Trade with Plenty of Rice, and Ship Timber.
CiikioH, three Leagues from Touban, is a Ane old City, with above fix thoufand
Houfcs, having formerly had a King of its own, and trades greatly in Rice, which
grows here in Abundance.
Sourabaya is a large City twenty Leagues from Cadahu, feared in the Streights
of Madura, and iK)on a River, a large League from the Sea. It has more than
ten thoufand Houlcs, ')f which a great Part arc built with Stone, as the Chinefe
who are very numerous here, always build with this Material. Its Commerce
in Rice is very great, fo that it can fupply Trade with between two and three
thoufand Tuns, and fome Years double that Qujtntity { the Dutch have a hne Fort
here with a Captain's Command.
PaaJ'arouvan is a City fortified by the '^avantfi, with above ten thoufand
Houfes. It is thirteen Leagues from the laft mentioned Place, near a River, one
League from the Sea, the Dutch having a fmall Fort, at fome Diftance from it.
The Trade in Commodities of the Country's Growth, confiAs in Carthame (or
UaAard Saf)^ron) Cattle, Fowls, Rice, and Birds Nefts, all in Abundance.
'Panaroucan was once the Capital of a fmall Kingdom, and is feated on a fine
River, contiiihing about five thoufand Families, with the £une Trade as the two
preceding. *
Balamboang, is the laft Citv, fituated at the Eaftermoft Part of Java, on a
Streigbt formed by the Ifle of Bali, having about ten tho<ifand Houfes built almoft
all with Bumbo, and abounds with Rice like the other Cities.
The Goodnefs of this Ifle is inconceivably great, not having its Equal in the
World i all Things are brought to Perfedtion here with Eafe, and but little Trou-
ble ; the Days and Nights are always equal, and the Heat, which is temperate, re-
mains continually the fame, fo that Fahrenheit's Thermometer never varies above
four or five Degrees ; the Earth is better, not fo marfhy, and lefs mountainous,
than in its neighbouring Iflands ; fo that the Chinefe are very fond of fettling
here, and fome come for this Purpofe almoil every Year j they likewife render
it more valuable by their Hufbandry and Trade, which the Javanefe negledt,
as they are more propenfe to Deceit and Cozenage than Labour. This Rich-
tiefs of Soil makes it fo populous, that one may fee the Roads fwarm with People
in a furprizing Manner ; the Rivers alfo, which are numerous, have their Borders
thick fet with Villages ; and befides the Cities now defcribed along the Shore,
there are many within Land full as large and populous. It is reckoned ^'lat Car-
tcfoura, where the Emperor's Coiut is, has upwards of thirty thoufand Houfes,
and that Mataram, which is the largeft City of the Ifle, has fixty thoufand at
leaft i in fine, according to what the Dutch, who inhabit the principal Places on
the Coafl have been able to difcover j there are in this Ifle forty large Cities,
and forty-five hundred known Villages, befides others yet undifcovcred by them ;
and by certain Memoirs, it has been found, that thefe fame Places fome Years
ago contained no lefs a Number of Inhabitants than near thiny-two Millions, in-
cluding all Ages and Sexes ; by which Calculation, it may be feen that this Ifli:.nd
is three Times more populous than France, if the Difference of Territories be con-
fidered j as the Ifle of Java is not altogether equal in Bignefs to the Moiety of
that Kingdom, which yet does not contain above twenty Millions of Souls *.
Of Sumatra.
THIS Ifle is about one hundred and ninety Leagues long by fixty broad, and
fituated in fix Degrees of Southern Latitude, ten Leagues from the Peninfula
of Malacca, and four or five from fania, the Separation between the two Iflands
being made by the iftreights of Sunaa.
■ Memoir MS. of Or. Garcia.
789
9P
Its
?*1
. * ■
iM&
7po Of the General Trade of the WORLD.
It« prlnciptl Commerce conflrtb in Cold, Silver, Pewtn, Copper, Iron, Dia-
monds (and other precious Stones) Ft-ppcr, Wax, Honey, C'umpnire, CaHla, San-
der*, Tortoifeftiell, Brimftonc, Rite, Sugar, Ginger, Ben7f)in, Ambergrcafc, Jet,
Dragon's Blood, and Rattans.
The CJold is found all over the Ifle, but more efpccially between Ticou and
Msninttah, where the Inhabitants gather it in Lumps at the Foot of the Moun-
tains after great Rains, or in the River Sands, where they get the greateft Qiyn-
tity, which the Colleftors (who arc Demi-Savages) give in Exchange for di-
verfc Commodities with their Neighbours, at they have no Trade with Strangers j
thoft of Maningcatn give in Truck Arms, Iron Tools, and Cotton Cloth } and
thofe of Priaman, Pepper, Steel, Salt, Surate Coverlids, Off,
Almoft all the Iflana except the middle Part, produces Pepper, but the Places
where moft is gathered, arc Andrageri, yambi, Falimbang, and above a!!. In-
dra-poura j though Ticou, Hillebar, Maningcabo, and Barros yield fome, but of
an inferior Quality j yet a large Qnantity of both Sorts are annually (hipped, as
well .M Europe as India. The Brimftonc is found at Pfdir, where tnere is a
Mountain of^it t and near to this City it is, that Rofin, called Sumatra Balm, is
collc(Jted. The Diamonds and precious Stones come from abroad, particularly
from Borneo. The other Drngs and Commodities grow and are cultivated in the
Ifte, efpechiify in the Inland Parts, Benzoin being the Produdl of Barros.
Bcfides thefc Places before-menrioned, fome Trade is carried on at Acbem, Pa-
ccni, Delli, Arou and Campara.
Acbem, fituated in the Northernmoft Part of Sumatra, is the Capital of a large
Kingdom, and almoft of all the Iflt'jljeiwgthc moft healthful Place, as the others
have generally a bad Air, froiitt <he W«et» and LoWnefs of the Lands j it is here
that Foreigners tranfltt the j^Mxtd Bufineft, and the Road is feldom without
fome Engnjk, Dutch, Portuguefe, Danijf;, Chinefe, Quzdratcs, Arabian, Perjian,
Abiffin, and other Ships, from many Places of India and China.
The Goods they bring here are Gold and Silken Stuffs, Muflins, Painted Linens,
Cotton^ unfpun Silli,'Fim, Butter, Oil, Arms and Warlike Stores, Silver, and more
efpecially Rice, (tvrhich the Envltjh, Dutch, Danes, and Chinefe, bring in large
Quantities, as this Part of the lUc is entirely deftitute of it) wnite, reef and blue
Satampouris, Percallcs, Spices, and Opium, brought from Bengal.
The Dutch have four or five Forts and Faftorics in the Dominions of the King
of Acbem, and thofe of feme other petty Princes ; among which are Padang on
the W?ftern Coaft i and Palimbang and Jambi, on the Eaftcrn, a little within
■'Land, wiJch in a Manner renders them Mafters of the Pepper and Gold Trade.
Jambi, which is one of the beft Dutch Settlements, is upon a River of the
fame Name, twenty-five Leagues from the Sea, from whence may be extra(fled
above two thoufand Tuns of Pepper yearly, that comes from the Mountains ;
Cotton Cloths and Handkerchiefs are proper for this Trade, as are alfo Dol-
lars, &c.
Sillebar, a City on the Weft Coaft, about thirty Leagues from the Streights, be-
longs (as before obferred) to the King of Bantam, and is famous for its Manu-
fidlure of Cris, or Poniards worn by the Javatis and the major Part of the In-
dians, being in great Efteem, and a large Trade carried on in them.
W
Of Borneo.
np HIS Ifland being almoft round, and near two hundred Leagues Diameter,
"*■ it muft confequently have a Circumference of about fix hundred. It has
the Ifle of Celebes to the Eaft, Java to the South, Sumatra to the Weft, and the
Philippines to the North. Only a Part of the Coafts (efpccially thofe of the King-
dom of Borneo) are known, the Barbarity and Infidelity of the Iflanders having
difgufted the Europeans lo as to hinder their eftabUftiing among them, or indeed
to continue their Trade.
The Dutch firft arrived here in 1609, and fettled Ibme Fadtories at Borneo,
Sambas, and Succadana -, but befides their not being able to obtain an Exclufion
of all other Nations from trading here, as they for a long Time foUicited ; they
2 fr)
■*i
Of A s I A, m- •
fo oftni proved the Ferocity of thefe Savagci, who dally (ought frefh Pretexts
to plunder their Warchoufes, and kill their Fadlors, that at laft forced them to
nbandon the Iflc, and leave its Merchant* to bring their Goods to Kataviat if
thcyh.id a mind to maintain their Commerce t which principally confiAs in Dia-
monds, Cold, Pearls, Bezoar, Aloes, Wood of difTercot Sorts, Wax, Peppci, Cam-
phirc. nctii/on, Dragon's Blood, and Rattans. The Cold U found at Pabaitfy
Siy, C.aliiutdii, Scribas, Catru and MeLnougua, and is more abundant than is com-
monly iin:ij:;ined{ but the Sloth and Knavery of the Inhabitants make them livd
in extreme I'ovcrty, amidd immenfc Riches, which their valuabl« Mines, and
fertile Soil, would abundantly produce them, at the Expence of a vcr^ littk La-
bour i as their Lands would yield any of the Indian Fruits, and Spice in particu-
lar would flouridi here to a Miracle, as Expciencc demoi Urates in its prefeni
Growth of Clove and Nutmeg Trecj, found nerc with every requifite Quality.
Samhns and Succadana arc the Places for the Purchafc of Diamonds, of which
the Mine is further within Land, and may produce about fix hundred Carats
yearly ; here is ;ilfo fomc of Iron, Copper and Pewter, and whatever elfe Su-
matra yield may be found here s whofc imports alfo arc fiintlar to thofe of that
llland.
79 »
Crimati, or Crimatia.
IS a fmall llland in the Indian Sea, about four or five Leagues diftant from Bornet,
where is a Diamond Mine, and fome Pearls are found on its Coafts, both
which Commodities the Inhabitants carry to fell at Malacca ; and they are ^
jealous of thcfc Jewels, as to deny any Foreigner Admittance among them.
Of the Molucca, or Molucque IJlands.
THESE Ifles are Pi:rt of the Oritntal Archipelago, and indeed compofe a
particular one themfelves of more than an hundred and thirty Iflands. They
arc divided into tlie great and fmall Moluccas, and thefc lafl again parted into
thofc properly fo called, and thcqa oiBanda. Some Authors placing alfo the lile
oiAmboina among them.
All thefe Iflands, of which I (hall fpeak according to this Dividon, were dlf-
covered by the Portuguefe in 1 5 1 1 , and their Po(re(lion for fometime difputed
by the Spaniards, in Virtue of the famous Divifion made by the Court of Rome,
then the acknowledged Arbitrator in the Partition of the Eaft and Weft Indies t
however by the Treaty of 1520 between thofe two Nations iht Moluccas were
ceded to the former, who occupied them till 1601, when the Db/c^ newly arrived
in India began to moled them in their Po(re(rion, and finally chafed them out of
all thefe Iflands, commonly called the Spice Iflands, on Account of the Growth
of Nutmegs, Mace and Cloves in many of them, and as Mr. Savary fays, not In
any other Part of the World, though Dr. Garcin informs us of their being pro-
duced in Borneo, as juft now mentioned.
Of the Great Molucca Ifles.
TH £ S E are among others Celebes, Gilole, Ceram and Bottton, to which Timor
and Arou ought to be added. The irft is the moft confiderable of all, being
two hundred Leagues long, by an hundred broad, which mud be underftood,
not of one fole Ifle, but of a Clufter fo near to one another, that they feem to
compofe but one only. It cnclofes many Kingdoms, of which that oiMacajfaf
occupies the major Part of the Southern Coaft, Gff . This Kingdom is alfo th«
moft fertile of any, and almoft the only one where the Europeans have any Trade.
The Capital, celebrated for its Grandeur, Number of Inhabitants, and the
Beautv of its Buildings in the European Tafte, is fituated in the Southern Part of
the iric, at five Degrees, fix Minutes from the Line, where the Portugu^e for-
merly carried on almoft alone, one of the greateft Trades in India. The Dutch
fucceeded
u
ih'V, a' '*■
'i
m '
[ ' i;
H 4 ?
79a 0/ //&f General Trade 0/ //jf WOULD.
AicceecWci thtm, and by Confent uf the MaaUfiiriuH VJmg, wliu /bcincd tired ot the
Servitude in which the former held him, hKuith^rt PunSk'ike undSjmioupo Furt« tu
feciine their Trade, and. at they would mulce the Macajjitn believe, the liberty ut
their Country. But thefe new Giiefls not being more tradUblc in Point ot'cuiii-
mercial concerns than their Prede^elTors, but cndciivouriiig tu bccuiuc Mallcrt ul'
Mae^fffk^, to the Gxclufion of all other Natiuni, the Portugueft regained their Cre-
dit, and the Df/Zc^, bciiig near drove out, prevented the Dclign» ui'theii Lneniic8,
whith they had forefeen, by appearing before Macajjur \\\ 1660, with a Fleet ot
thirty -three Sail, and after havrng been cquallv viCturiuus at Sen, wliere they tuoli,
burpt, or funk, fix large PortugHtfi Ships richly laden, and un Shore (wnere in
a Defccnt they forced Sword in Hand two Forts within Gunfliot of the City) they
fo intimidated the King and his People (altho' the braved xnlnJia) that they obliged
him by a Treaty concluded at Batavia tne fame Year, never to admit the Portuguf/i-
affaio into any Part of the Kingdom, and to leave the Hollanders in PofTcllion of
their Forts and Trade : It was not, however, till 1669, that they could entirely
fubdut: this refllefs and favagc Nation, who notwithAanding the Treaty of 1660,
and another of itby, continually interrupted their Snice Trade, by fending
fmall Ve/Tcls to tramck with the Inhabitants of Bamli and the Muliutus, in
Cloves and Nutmegs, which they afterwards fold to the I'.nglljh, and maintained,
as the Dutch gave out, a Correfpondence with their Enemies, to take from thcni
Amboina, one of their eight great Governments in India. And notwitlillanding
fo confidcrablc an Expcnce was made, and fo much Blood fpilt, they have not
been able to cftablifh ?n exclufive Trade at MacaJJar, the Port and City having
remained open to all the Nations of /«<//</ and Ewro/f, excepting the Portugtieji,
who notwithilanding may now come and trade like tlic others, fince their Im-
becility in the Fftdifs no longer affords the Dutch any Jcaloufy,
The principal Commodities exported from hence, arc Rice in a vaft Quantity,
and the bcft in India j Gold, Ivory, a great deal of Brazil Wood, and fomc San-
ders, Cotton, Camphirc, various Sorts of Hard Ware, Arms proper for the Indians,
Ginger, long Pepper, and Pearls fifhed here. The Imports conlKls of Scarlet
Clotns, Gold and Silver Stuffs, Cambaye Cloth, Pewter, Copper, Iron, Soap, and
Affa Fcctida, which two lail come from Surate.
Gilolo, has the fecond Rank among the great Iflcs of the Moluccan Archipe-
lago. Some make it two hundred Leagues, and' others but an hundred and mty
Leagues in Circuit. The beft Merchandize extradtcd from hence is Sagou, or
Sago, for making Bread, without which the Inhabitants of tht Lefer Moluccas
and Banda could not fubfift in the Want of Rice, with which they can only
be fupplicd from Macafiir, &c. It is made of the Pitch of a Tree like a Cocqa-
Trce, and is now in great Eftcem in Europe, as a nouri(hing Food for weak and
>alitudinarian Conftitutions.
Ccram is not Icfs than Gi/0/0, a Part of whofe Coafts have for a long Time
appertained to the King of Ternate, and were the Occalion of a tedious War be-
tween him and the Dutch, on Account of the Cloves cultivated here; fuice the
Peace made between them in 1638 j this Place has (hared the Fate of Terna/e
and the other Ifles belonging to it. The Clove Trees have been rooted Up, and
the Dutch have built Redoubts and Forts in many Places, to impede all foreign
Trade where they have now made themfelves Mailers. Of which more hereafter
in treating of Ternate.
Bouton, is the laft of the four Great Molucca Ifles, and may have about eighty
Leagues Circumference. This produces no Rice, but carries on a great Trade in
Slaves, and has a fmall Quantity of Ambcrgrcafe of a midling Qusdity. Its beft
Bufincfs is that of Tamettes, a Sort of Linen made here, proper for the Moluccas,
where the Dutch carry a large Quantity yearly.
4^
Of the Little Molucca Ifles.
THE Iflands properly called the Moluccas, are only five, viz. Ternates, Tidor,
Machian (or Makian) Moter, and Bachian, which compofe one of the kv^n
great Dutch Governments in Afta. The Land of thcfe Ifles lies very high, each
4 being
\m,
0/ A S I A,
c.
ht\n% An entire Mountain, which bcginn from the Coalli, and have their Sum-
Hiil» run to a >{rcat Ekvation. They arc all very fmall -, 'firnate, which is the
principal, not having above feven Leagucn, Macbian near lix, Mottr only four,
and Bitcbum twenty in Circuit i but this laft is halt' delcrt, and very full of
Sago ''"reeii. All tlMtfc Iflea are near the Line, Machian it dircdtly under it.
and Moltr more to the North. The Kirjg of 'lernalt reigned formerly over not
only thcl'c five Iflus, but over the greatcd Fart of the Me/uccan Archipelagt, and
his Subjedh were then obliged to bring their Spice to tiis Capital i and it was
there, that the toreign Merchants, whether Javans, Malayans, Cbinefe, and the
Ptrtugui'li (at firit) came to buy it { but a little after thefe latter were arrived
in IriJiti, tins great Power of the Tfrmttois began to flialic, and the Inhabitants of
Macaljiir, TiJor, and many other Iflca having revolted and confederated, went to
attack their King.
Ihc Portuguefe, always attentive to what might enlarge their Empire, and ex-
tend their Conqucft in the tnJiet, foon mixed in the Quarrel, and improved 16
favdur:ble a CuHJundtiire to their own Advantage, obtaining thereby an Eftablifh-
mcnt \\\ Termite, even with the King's Content t and afterwards by Right of
Contfuclt in TiJor, Mathian, /ImMna, Banda, Timor, and So/or, where they built
FtittSi which made them MaAers of the Spiceries. In 1605, the Dutch ap-
EBflTxd at Tiirnate, and the Ptrtuguefi Ternatots received them, and permitted their
ulUing the Fort of TtluctQ, one of the Arft they had in India.
This Change of Mailers having in nothing iwectncd the Ttrnatois Servitude,
who to the PortugueJ'e Yoke had now added that of the Dutch, thty endeavoured
fevoral Times to Hioke off this laft, but always unfuccefsfuUy { and were obliged
to fiiake various Tre«ticH in 1609, 161 a, and in 1638, which finiHied the Lofs
ol' the little Liberty they had remaining, and entirely excluded all Foreigners
from the Moluccas, fecuring to the Dutch only all the Trade of the Cloves,
which grew in thofc Iflcs. This Treaty, which confirmed all preceding ones,
and rcitofed 19 the King of Tcmatt all th« Places that the Dutch had feized in
tbc loft War of 1638, agreed, that all the King's Subjects Aiould quit Amboinai
txki that this Ptinco (houh* or ever renounce his Right to that Ifle in Favour of
the Dutch, with many otlier Articles to rivet their Slavery, and exclude all Stran*
gers. It ought, however, to be remarked here, that this Peace was in ibmc
Sort bought by the Dutch, fcr although vidonous and Maflers of one Port of
the King's Territories, who with his Grandees, and brave Troops, had retired
ittto inaccedible Fhces ( they chofe rather to fubmit paying him a Kind of an
Annual Tribute, than to rifk the Clove Trade, of which they were, and are yet
lb jealous i as they alfo did in Favour of the Omnuu and Oroncais, to whom they
likewife yearly pay a Sort of Penlion to recompence their rooting up all the
Clove Trees in their Lands, and not to permit their Vaflfals planting any for the
luturet and fince the Treaty of 1638, the Dutch have ablolutely remained in
PoflTeffion of the five fmall Mtlucca Ifles, but by various Difputes which have
happened fince, the Compaiw has been obliged feveral Times to augment the
different Penfions they paid, tor the Deftrudtionof the Clove Trees in all the Ifles,
as they found they had fufficient in thofe which grew in Amboina. Theie Aug-
mentations were made in 165a, i68a i and laftly in 1713. when it was Anally
agtieed that they fliould pay yearly,
To the King of Ternate
To the King of Tider
To the King of Bacbiatt
To the King of Moter
To the King of Machkm
To the Grandees of Ternate
6600 Rix Dollars
2400
700
150
2000
600
793
mm
■' ff
M
In all 12450 Rix Dollan.
None of thefe Ifles are fruitful except in Cloves, and confequently fumifli no-
thing elfe to Trade; that of Ternate yielded formerly in a common Year be-
9 Q^ tween
mi ' ■
"W^'i s -
»
6:m*
794 ^f ^^^ General Trade of the WORLD.
tween four and five hundred Bahares (of five hundred and fifty Dutch Pounds
each) of Cloves, and near one thoMtimd in the grand Crop, which happened every
feven, or as others fay, every four Years. Tidor three hundred Bahares, and twelve
to thirteen hundred in the good Seafon. Moter only an hundred j Machian three
hundred ; Bacbian little more than Moter ; but thefe three augmented proportion-
ably in the good Y'ear j Moter and Bacbian yielding near four hundrea, and Ma-
chian fifteen or fixteen hundred ; but no Cloves grow 'there fince the aforefaid
Treaties. From Ternate a fmall Quantity of Tortoifefhell is exported, and a large
one carried there of coarfe Linen, and fome others with Handkerchiefs called
Tamettes from Bouton, many Stuffs, and other Merchandize from Europe, for
the Dutch in Garrifbn, or fettled there.
' Of the Ijles of Banda.
'T"^ H E S E Iflands, the only Places in the World where the Nutmegs and Mace
-'■ grow (according to Mr. Savary, though denied by Dr. Garcin, as hinted at
in the IntroduftioP to the Moluccas) make a Part of the fo often mentioned ^rci6{-
pelago, and are in ti.e Number of thofe called the little Moluccas. They are fix,
every one with its own Name under the general one of Banda, viz. Lonther,
Nfira, Gounong-Api, Pculo-Ay, Pouh-Rhon, and Rojinguein, as Dr. Garcin writes
tliem ; thou[>^h Mr. Ecbard, in his Gazetteer, calls them Lanton, Nera, Genapi,
Pulloivay, Pa;.rt]i and Bajingen.
Lontlwr is she largeft, highefV, and fullefl of Nutmeg Trees j it was once cal-
led Bandan, by the Natives of the Country, and it is from thence that thefe Ifles
arc denominated Banda. But after that the Dutch had a Fadory here ^^led
Lonthor, which was that of a City deftroy ■. in the uicient Warsi this Iflc was
called fo likewife.
Neira is two-thirds lefs, and is where the Governor of the Iflands refides i
it is furnifhed with two Forts, the one called Najfau, and the other Belgick.
This on a little Mountain towards the Middle of the Ifland, the other an th«
Streights, a Mufket Shot in Length, and over againft the Ifle of Lonthor.
Gounorig-Api is about the Size of the preceding one, and not above a Stone's
throw difVant from it to the Wefl ; it has a larre Mountain in the Middle, which
occupies almoft the whole Ifle ; and is a Vulcano that burns continually ever fince
the End of the fixteenth Century, and gives Name to the Ifland, as Gounong in
Malayan fignifies Mountain, and y^pi. Fire,
Poulo-Ay, is a fmall Ifle to the Wefl of the three preceding ones, of which
the Land is pretty plain, and very good. The Company have a Fort here called
Ravcnche, and this is as f-^rtile in Nutmegs as Lonthor, if not more.
Poiilo-Rhon, and Rojinguein, the other two Ifles, are the fmallefl of all, veiy
b.irrcn, and but thinly inhabited, each having a little Redoubt guarded by fome
inferior Officers.
Sanda, which is the fixth of the eight great Governments that the Hollanders
have in India, lies in four Degrees and a Half of South Latitude, four hundred and
fifty Leagues from Batavia. This was one of their firfl Eflablifhments in India,
and Fort Na£'au in the Ifle of Neira (before-mentioned) was the firfl they built.
Among the fix Ifles oi Banda, there are but three where the Nutmegs ten
cultivated, viz. Lonthor, Neira, and Paulo-Ay, the others being too mountainous
and barren ; the fird is the largeft, and furniflies the greatefl Qmuitity of Fruits,
it having twenty-five Nutmeg Orchards, which in the befl Yearproduce all to-
gether about 570,000 Pound? of Nutmegs, and 140,000 Pounds or Mace, grow-
ing on a Superficies of 140,000 Yards of Land. The Ifle of Neira yields in a
good Year 8000 Pounds of Nutmegs, and 2000 Pounds of Mace, from a Spot of
lo.Hoo Yards : The Iflc oi Paulo- Ay, although very fmall, is in Proportion the
moil fertile of all, having fix Orchards containing a Surface of 28,760 Yards,
which produce in a favourable Seafcn 120,000 Pounds of Nutmegs, and '^0,000
Pounds of Mace. The Proprietors of thefe Orchards in the three Ifles want the
Afliflance commonly of twenty-fix thoufand Slaves for their Cultivation and get-
ting in the Fruit.
Of
0/ A S I A, ^c.
CyAmboina.
'^HE IQe of AmMna is fituated in four Degrees twenty Minutes from the
■'■ Equinodlial Line, at forty-two Leagues Diftance from the Ifle of Banda, or
thirty-four from Poulo-Rhon, the Wefternmoft of this Clufterv and confequently
the neareft. Some Authors place it among the Number of ithe great Moluccas,
although it has not above twenty-four Leagues Circumference : It is divided in
two, fo that the Iflhmus, which feparates the two Parts, being very nar.-ow, it
feems to form two Ifles. The largeft of thefe two Parts is called HitoU ; • and
the other not above half as big on the Southern Side, Leytimor ; the firft is
twelve Leagues long, and two and a half broad; and the other five Leagues in
Length, and one and a half in its greateft Breadth. The two fmail Peninfulas
of this Ifland, form a narrow Gulph between them, of !» Parallel L. ugth with Ley
timor, and fomething better than a League wide, bo h at its Entrance and in the
Middle. Befides this great Ifle of Amboina, there are ten fmall ones very near,
viz. Ceram, Ceram-Laout, Bouro, Amblau, Manhc, Kelang, Bonoa, Orna, Honi-
moa, and NouJJ'a-Laout ; thefe laft three bearing the Name of Wiaffers, which
with Amboina are the only four Ifles where any Cloves are cultivated, the Trees
in all the others being grubbed up, as thefe produce fufficient to ferve the whole
Globe. The Company have Redoubts and Settlements in all the Iflands, as well
to reflrain the Inhabitants from Planting, as to hinder any contraband Trade from
being carried on. At Amboina the Dutch have fevcral Forts, in one of which
the Governor refides j this being the fifth of the Company's great Governments
in India.
When the Dutch firft became Mafters of this Ifle, there were very few Clove
Trees in it, but they have fince made fuch Plantations, that it now produces
more than all the Moluccas ^^t together. The greateft Crops are gatnered at
Hitou, Loubou, Campbelle, Lejfide, Nau, Caylolo, Cabeau, Larike, Vaccajibou, Ourien,
and Ajj'ahuh, Part in the fmall, and Part in the great Ifles. All die Ifl6 is di-
vided into feveral Villages, and each Village into many Orchards equally culti"
vated by the Dutch and Natives, who are each obliged to plant ten Clove Trees
yearly which has been the Occafion of fo great a Multiplication, as not to leave
Room for the Culture of other Fruits, Pulfe and Greens for common Ufe, but
they are brought from abroad, efpecially Batavia. The Clove Trees o{ Amboina
and its Neighbourhood, have from one Year to another, a good and a bad Crop,
which is different from the other Moluccas, where the other good Crop only
comes every fourth Year, and fometimes every fcventh. They have tried to
plant Nutmeg Trees in the Ifle, and have fome few growing in Gardens though
they thrive very poorly. At ViSloria, there are Magazines always full of Stuffs,
ready made Clothes, Cotton Cloths, and other Merchandize oi India and Europe,
where the Inhabitants go to fiirnifh themfelves with what they want, on which
the Company makes large Gains. The Provifions, Stores, and Commodities from
Batavia are brought here yearly by two of the Company's Veflels, who on their
Return load entirely with Cloves, which fome Years are produced in fuch Quan-
tities, that they are obliged to burn, or throw Part of them into the Sea, pro-
ceeding from the Obligation the Dutch have laid themfelves under to take all
that the Seafon yields, at a Price agreed on with the Owners.
It is fuppofed that here are more than fixty thoufand Inhabitants, of which
the leaft Part are Dutch, fo that thefe are forced to maintain large Garrifons to
awe the Natives, in cafe they fliould be diflatisfied at the Reception of their
Cloves. And it may be feen' at what an Expence both of Blood and Money the
Company have fecured to themfelves this Branch of Bufinefs j and yet after all
their Care and Precaution, it never has, nor ever will be, in their Power to
hinder the Extraftion of the Spices entirely, and in the Manner they endeavour
to guard againft, with fo much Jealoufy ; I mean by partly falling into the Hands
of Foreigners, through the Connivance of their own Oflicers and Servants. The
total Number of the Clove Trees growing in all the Places before-mentioned,
are fuppofed to be about two hundred and fifty thoufand, extra of the young
Plants rearing, to fupply the oM ones Decay; and as their Fecundity is uncer-
4 tain<
79.5.
«
:'l
-3i
I
796 Of the General Trade 0//^^ WORLD.
tain, and greatly varying according to the different Seafons, I here add the Pro-
dufts of fevcn fucceffive Years, that my Rea^der may thereby calculate the Ave-
rage, viZ' in I705> two thoufand and fix Bahares (of five hundred and fifty
Pounds, as before-mentioned j ) Anno 1706, twenty-fix hundred and fixty-one
AJiares ; Anno I707, feventcen bttndred and ninety-eight Bahiires ; Anno 1708,
fix hundred and twp and a hdlf Bahares ; Anw ^709, twenty-trine hundred and
fifty-nine Baharea ; i^nno 17 10, nine hundred and thirty-fix Bahares; and Anno
171 1, thirteen hundred Banares>
TMRor.and Sohr are alfo two Ii\es of the Eaflem Archipelago, between the Cape
of the Ifle of Celebes, and the Ifle of Floret, where the Duttb have fome Trade
and Ports. At I'imer a Commerce is maintained in Slaves, Wax, and Sanders,
of which latter here may be collcdtcd yearly near two thoufand Bahares (of
five hundred and fixty Pounds) and Sohr produces the fame Commodities, though
in much lefs Quantities.
Of the Philippines, or Manillas.
J- •
1 i-\i
THESE Ifles were dilcovered by the famous Magellan in 1520, though not
fettled till 1 564, under the Reign of the Spanijh Monarch Philip 11. from
whom they received their new Name. They lie m the Indian Sea, between
China and the Moluccas, at about an hundred Leagues diflant from the Coafts
of Catiiboya and Champaa, and two hundred from the Mariannes Iflands j they
compoung one of the five Archipelagos in the: Oriental Ocean, and by fome are
numbered in eleven hundred, though others count thet., va many thoufands,
which is undoubtedly an Exaggeration, greatly exceedi .'■• tie Truth.
The Ifland Manilla, fo called from its Capital, is the r.:olt confiderable of all
thofc poiTeired by the Spaniards, and the Centre of their Trade, which they ex-
tend on one Side as far as China, and on the other to the American Coafts, or
the South Sea. This Ifle, though feated under the torrid Zone, (as well as the
reflof die Philippines J enjoys, a healthful temperate Air, notwithflanding itsfirfl
bad Reputation. It is the Northernmoft of all thefe Iflcs, and is not lefs than
four hundred Leagues in Circumference.
Mindanao, which on the contrary is the Southernmoft Me, hardly yields in
Grandeur to the foregoing, but the Inhabitants in fome Sort carry on a difhnA
Commerce, either with the Spaniards (when not at War with them) to China,
Borneo, or the other Ifles oiSon^a, here they carry feveral of their Produfts,
and return with the Commodities they want. They had alfo a fettled Trade
with the Moluccas, before the Portuguefe and Dutch became Maflers of them.
The Merchandize which thefe People carry to all the faid Places, are Gold,
(which they gather in their Mountains and Rivers, particularly in that of Ba-
tuamj Wax, Rice, Sago, Stuffs (made of a Tree's Bark) Coco Nuts, Sefame, Oil,
Iron, Steel, and baflard Saffron. The Spaniards alfo extradl from hence Timber
for building their Galleons, which are larger than thofe of the European Con-
ftruftionj and this Ifle alfo affords many thoufand Skins (efpccially of Stags and
Buffalos) which are proper for the Japan Trade ; and we might reckon among
the Commodities of its Growth, Nutmegs, Cloves, Betel, Cacao, and Pepper; but
the Natives omit the Cultivation of more than they want of the two firfl, for
fear that if they increafe their Plantations, it might invite vhe Dutch among them,
and put them on endeavouring to become Mailers of that fiufinefs here, as they
had done at the Moluccas and Banda.
Almoft all the Trade the Spaniards tranfad, is managed (as before obferved)
in the City of Manilla : This 'apital, the Refidcnce of the Archbifhop end tho
Viceroy, is fituated in fourteen Degrees fifteen Minutes of Latitude, in the mofl
Southern Part of the Ifle j its Harbour is very good, fpacious, and fecure j and
it is here where the two Galleons that load at Acapulco in New Spain yearly ar-
rive, and from whence they return with the fucceeding Mouflon to the faid
Place of their Departure. It is alfo here, that the Chinefe and Japonefe Veffels
are continually arriving, with a great Part of the immcnfe Riches thofe two Em-
2 pires
0/ A S I A, 6^r*
pires are poffeflcd of, to truck them againft thofe of the new World, of which
this City is a Sort of Depofitary for the Eaft. The Time of thefe People's Nego-
ciations is commonly from December to April, during which Term, thirty or
forty of their largeft Veflels are always feen in the Road, and in the remain-
ing Part of the Year, four or five hundred of all Sizes, which belong to the
Spaniards, and the Chinefe fettled in the Iflcs with others trading to this jirchi-^
pelago. The PortugueJ'e alfo carry on a good Trade here, and it is in this only
that they make any confiderable Gains, fince they loft that of Japan ; though
of all the Nations who trafiick here, the Chinefe are thofe who carry on tnfc
greateft Commerce, and the Number of them redding here may amount to at
leaft two thoufand. The Goods which they, and other Strangers bring hertf,
are Silk and Cotton Stuffo of all Colours, raw and fpun Silk, Cotton Wool and
Thread, Gunpowder, Brunftone, Iron, Steel, Quickfilver, Copper, Wheat Flour,
Walnuts, Chefnuts, Bifcuit, Dates, Porcelanc, Cabinets, Efcrutores, lacquered
Trunks, Rice, all Sorts of Drugs, Saltpetre, Cotton Cloth white and coloured.
Ribbon Head dreffes for the Women's Veils after their Fafliion, Pewter and other
Houfliold Furniture made of it. Silk Fringes, and Thread ones of various Sorts ; in
fine, divcrfe Merceries and Hardware, of China and Europe, and feveral Sorts of
Glafs Beads, which are proper for the Ifle of Mindanao.
The Exports from the Philippines, confift in the Produfls of the Country,
and thofe brought there from America ; the firft are Gold from Mindanao, Wax,
Honey, Tobacco, and Sugar, tranfplanted from the Weji-Indies, ■ nd which flou-
riflies here perfectly well. Stags and other Animals Skins, botii wild and tame,
Timber as well for Houfe as Ship Building, Plantain Cloth and Thread, feve.-al
Oils, Civet, and the Animals that produce it. Palm, Wine, Baftard Saffron, Cocoa
Nuts, and all the Commodities which that wonderful Tree produces j and in fine.
Sago, which ferves the Natives in the fame manner that it does the Moluccans. The
Merchandize from America, are the Produfts and Manufaftures of Peru and
Chili, and of all the Spanijh Coafts in the South Seas, brought to Manilla, by the
Annual Galleon from Acapulco, but principally in Gold and Silver, which the
Mines of Potoft and Chili furnifh the Eaft with in Abundance, notwithftanding
the vaft Quantity, that the Flota and Galleons yearly tranfport to the Weft*
191
'-^ ^*
Of the IJles o/" Thieves, or Ladron6Si
MR. Savary fays thefe Idands were difcovercd in 1520, and Mr. Echard iti
1552, by Magellan, after pafling from the North to the South Sea by the
celebrated Streights bearing his Name j he called called them the Ifles of Thieves (in
Spanijh IJlas de LadronesJ on Account of the Petty Larceny the Natives were
guilty ot, in ftealing a few Nails and Bits of old Iron from him, and the IJlands
of Sails, from the vaft Quantity of Canoes, that at once furroanded his Ship on
Arrival j they were afterwards named Mariannas, from Mary Ann of Aujiriat
Queen o( Spain, who fent Miflionaries therein 1665, after their being taken
Pofleflion of for that Nation ; they are at the Extremity of the Eaft, or upon the
utmoft Eaft Bound of our Hemifphere, in that vaft Expanfc of Waters, that lie
between Japan, the Philippines, and Mexico, or in other Words, between the
Oriental and Pacifck Ocean ; there are only fourteen, or as fome fay fifteen of
them known, although they are much more numerous ; Gnakans and Saypan
are the moft confiderable and populous, having, as Mr. Savary fays, more than
thirty thoufand Inhabitants each, although the largeft of them is not forty Leagues
in Circumference, which muft be a Miftake in the faid Gentleman, either in the
Number of Inhabitants, or Extent of the Ifles. Some have believed that they
had always a Commerce with the Tartars, but it is certain that before Magel-
lan's Arrival they thought themfelves the only Inhabitants of the Earth, igno-
rant even of the Ufe of Fire, which they took at firft for a devouring Animal,
to whom an Approach was dangerous. Since the Spaniards have been eftabliflied
here, thofe of the Philippines, diftant only two hundred Leagues, maintained fome
Trade here, and the annual Acr*>ulco Ship always touches for Rcfrcfliments, which
they truck againft Linens, Iron, Merceries, and Hard Ware j but this Trade is fo
9 R inconfiderable
ffirl
798 Of the General Trade 0//^^ WORLD.
inconfidcrablc as would have induced me to pafs it without Notice, had it not
been to avoid neglcfting the Memento of the Ifles, which by their Situation be-
tween AJia and America, may very much favour thofe, who carry on a Marine
Traffick from the South to the Eaft.
%^
i'i'-
m
* , Of the IJles of Japan, or Japon.
THESE Ifles lie in the Sea of China, between thirty-one and forty Degrees
of Latitude, about two hundred and eighty Leagues diftant from the Con-
tinent in fome Places, though in others not above fixty. The three principal
ones are Niphon (in which is feated Meaco, the moft important City of the Ifles
for Trade) Ximus, or Ximo, and Xicocon, or Xicoco. A great Number of fmall
circumjacent Ifles furround them, though but little known to the Europeans,
except thofe of Firando, where the Dutch had at firft fome Settlements, and that
of Bongo, called Cikoko, where Nangafaki is built, the Seat at prefent of the
Dutch Trade, and which was formerly that of the Portugutfe, before their Ex-
pulfion from fapan.
It has been for a long Time controverted, whether Niphon, the largeft of thefc
Ifles, and fome others to the North of this vaft Empire, do not join with Great
Tartary or to fe^b, that Land newly difcovered, and as yet but little known j fome
modern Relations however feparate it by the Streights of Sangaar from any Con-
tinent, and more efpecially the Obfervations of that fine Chart, which the deceafed
Czar, Peter the Great, had made, to inform the Publick of this Truth, an A to
delineate the Lands fubje<ft to his Dominion, ftiew that northward they are very
near to Japan, or at a Diftance which places the one or the other (by a Streight)
within Sight. That Land which lies to the North of Japan, is called fej^ by
the fapanefe, which they take to bi, an Ifland, though it is aflerted by Dr. Garcin,
to be a Peninfula joined by its northernmoft Part to Great T^ art ary.
One Emperor is the fole Monarch of this vaft Empire, and notwithftanding it
has many Kings, thefe are more Titles of Honour than Enfigns of Sovereignty ;
thofe bearing them, having no more Authority than Governors of Provinces, or
Vice-roys. This Country has always carried on a very confiderable Trade, either
by Strangers coming here with their Goods, or that the fapanefe have gone to
fetch them, and carried thofe of their own Growth for Barter.
The Commerce of the Chinefe with Japan, is almoft as ancient as the two Em-
pires, and the Siamefe and Camboyars did not carry on an inconfiderable one, till
the Dutch became Mafters of it, to the Downfal of that of the other three. The
fapanefe trade to Cochinchina, Siam, Camboya, and the Manillas, their principal
Returns being in Silk.
The Portuguefe were the firft Europeans, who had any Knowledge of thefe Ifles,
either, as fome fay, by Relation from the Chinefe, or Siamefe ; or, as others report,
that they were drove on them by a Storm in 1534, or 1543, goxng to China.
The firft Place they fettled at was on the Coafts of Sarunga, pretty near the City
that gives Name tothelfle ; but the Shores not being good and holding, they four
or five Years after pafled to the Ifle of ^ifna, near Nangafaki, a Port that the Dutch
now enjoy, and carried on a yearly Trade to the Value of two hundred and forty
thoufand Pounds Sterling.
A Jealoufy in Trade, rather than a true Intercft of State, drove the Portuguefe
out of this Empire in 1636: and with them all other Chriftians (who were rec-
koned to be four hundred thoufand in 1620) and the Chriftian Religion, which
St. Francis Xavier had begun to preach there in 1 549.
Before the Edid, which bars the P^ntrance to Japan againft the Chriftians, the
Englijh were well received here, and had many Privileges granted them ; but the
Dutch found Means, by Mifreprefentations, to get them among all other Chrijiians
excluded, and to continue in Pofleflion of the Trade thcmfelvts, for which in-
deed they are the fittcft, as moft of the Produds of Japan arc fold in their other
Settlements, and tiie Prodiids of them brought here j though the Dutch were in-
cluded in the general Expulfion, but had taken fuch Meafurcs as to procure a
Re-eftabli/liment in about three Years, when thoy returned, though not to Fi-
3 ' rando
\m\
LD.
:c, had it not
Situation be-
y on a Marine
0/ A S I A,
c.
forty Degrees
"rom the Con-
three principal
ity of the Ifles
umber of fmall
the Europeans,
lents, ana that
refent of the
fore their Ex-
largeft of thefe
oin with Great
e known j fome
from any Con-
ch the deceafed
Truth, an ' to
1 they are very
(by a Streight)
s called yefi by
by Dr. Garcm,
iwithftanding it
)f Sovereignty;
if Provinces, or
e Trade, either
/e have gone to
IS the two Em-
erable one, till
er three. The
their principal
^e of thefe Ifles,
s others report,
;oiiig to C/jmi.
y near the City
ding, they four
that the Du/c/>
idred and forty
the Portuguefe
who were rec-
;ligion, which
Chriftians, the
hem ; but the
ither Chrijiiam
for which in-
lin their other
'iulch were in-
< to procure a
gh not to Fi-
r,i!!(lo
rando their former Settlement, but to Nangafaki, or rather Difma, where the fame
Habitation was given them, as had formerly belonged to the Portuguefe, and
where the Company's Prefident has refided ever fince 1 64 1 .
Nangafaki, Capital of the Ifle oi Bongo, or Cikoko, is fituated in the thirty-third
Degree of northern Latitude, before which lies a fmall Ifle, feparated by an Arm
of the Sea, only forty Feet wide j and for a Conmumication between it and the
City, there is a Bridge an hundred and fifty Paces long, by fifty wide ; at one End
of it there is a Draw-bridge, in the Hands of the "japanefe, which the Dutch arc
prohibited to pafs, without Leave from the Governor of the City, on I'ain of Death;
neither arc any of the Japancfe permitted to enter except the Interpreters and
Fadtors, with whom the Officers and Commiffioners of the Lodge may only have
Communication.
All the Ifland is palifaded round, for the Security of the Company's Ware-
houfes J four long Streets divide it, which are crcfs cut by fome public Places ;
on each Side arc a Number of Magazines, though the principal one is at the
Gate of the Bridge, where the Goods are fold. There is another Port to the Sea
Side, which is where they load and unload their Veflels.
Thclmpofitions on them are very extraordinary, and what no Nation could fub-
mit to, lefs wedded to their Intereft than the Dutch; but thefe patiently bear every
Innovation and Infult, for the enchanting Premium of an hundred and fifty per
Cent, that they arc fuppofed to make by this lucrative Commerce, and which it is
reckoned leave the Company an annual clear Profit of five Millions. The two
Ships that the Hollanders fend to Japar, carry their Returns to Batavia, where
the Repartition of the Goods brought there is made, according to their Propriety,
for the different Markets in India, Afia, and Europe that the Company trade to.
The Merchandize of Europe, India, and China, fit for the Trade oi Japan, are
Scarlet and other lively coloured Cloths ; Camblets of various Sorts ; red Serges ;
Burats (a coarfc woollen Stuff) Gold and Silk Brocades ; Damafks j black and co-
loured Armoifins j Gauzes, and other Silk Stuffs ; whitened and raw Siks ; Cotton
Thread and Wool ; Embroideries j Carpets, Linens, Silk Night-Gowns ready
made; Flanders Pack Cloth ; Glafs and Earthen Bottles j Lead, Pewter, Steel;
different Sorts of Aloes and Brazil Wood ; white and Mufcovado Sugar ; Cambodian
Nuts; theSkinsof aFifhlikeaThornback; Alum; red Leather; Capoc (a Sort of
very fine Cotton) Wax ; a mixed Metal called Calin ; Sublimate, Caflia, Verdigreafe ;
Tea ; Colours for Porcclane ; Camphire, Mufk, Paper, Pepper, Spices, Elephants
Teeth, Hemp, red Wool, medicinal Drugs, Borax, Quickfilver, China Porceianes ;
and Merceries of all Sorts from tlience and Nuremberg ; red Coral, and Stag Skins,
with thofe of other Animals ; of which Green Hides the £)«ff/6 carry yearly
to Japan two hundred thoufand of Stags, and an hundred tboufand of Beeves,
moftly procured from Siam; and of which the Ifland of Formofa furniilied them a
Quantity whilft they remained Maflers of it.
Almofl all the Goods are paid for in ready Money, and a large Profit is to be
made by carrying them to China and Bengal.
From Japan the Exports are all Sorts of Houfhold Furniture of painted
lacquered VVood, Fans, Porcclane, Medicinal and Dying Drugs of the Country's
Growth ; Copper, fome Minerals, Goat Skins, Silk and Flos ; of which the
JapaneJ'e often fell .■'. Part, and get foreign Silks for their own Ufe (efpecially thofe
oi China) inftead of them.
Of the Trade of Jeflb.
THE Country of Jf-^, Tedfo, Teco, Jedio, ov Efo, make only one Continent
with fome of the Japan Ifles, although there have been both Navigators and
Geographers, who have thought it feparated by an Arm of the Sea, which the
Japancfe alfo affirm. Its Inhabitants and Trade were for a long Time unknown
to the Europeans, frequenting ihcAJian Seas, audit is only fmce 1643, that there
has been any Advices about it ; gained by the Return of a Dutch Ship called the
Caftricum, that dilcovered it. The Natives of the Country (which is very moun-
tainous) are moflly Savages, both in Form and Manners, being entirely without
Religion,
799
m
;:'. f
') 1
800 0/ the General Trade 0/ the WORLD.
Religion, and altnoft covered with long Hairs like Bears, efpecially the Moun-
taineers, though the Inhabitants of Towns are a little more poliflied, and all
equally under the Dominion of one Prince or Governor, who acknowledges the
King o( Japan for his Sovereign, and pays him yearly a Zo\i of Tribute, which
he perfonally prcfents, and it conr'^ts commonly in Silver and Oftrich Feathers.
The Trade which they carry on with the Japanefe, is not inconfiderable, and
thefc were tfic only People they knew till the Dutch appeared among them. The
Commodities which they truck with the Japatiefe, are Whale's Fat, and their
Tongues fmoked and dried. Furs, fcveral Sorts of Feathers, and other Products of
their Lands and Game, befides fome Hemp which they fpin, by holding it between
their Teeth, and twifting it with the Palms of their Han.'.s. The Japanefe Mer-
chants vifit them once a Year, and carry them Rice, Sugar, Silk Clothes, and
, others of a blue ^tnH csWcA Kangan ; Copper, Tobacco Pipes, and Boxes, Cups,
varniflied Pots, and other fmall Kitchen Utenfils, Silver Pendants, and Copper
Ear-rings, Hatchets, Knives; andin hne,allthattheyhavecomesfromy<7/iri». Theft
People, notwithftanding their natural Savagenefs and Barbarity, are however very
fubtlc and intelligent in their Trade, wherein they are truly juft and faithful,
.without any Inclination to Theft ; in general they moftly efteem Iron, and more
efpecially thofe under the forty-fixth Degree prefer it in their Traflick with Stran-
gers, to all other Commodities whatfoever.
This finiflies my Account of the AJiatkk Commerce, in which I have been as
concilb as the Nature of the Subjedl would permit ; confcious of having already
exceeded my propofed Limits, though I hope neither unneceffarily, nor unprofitably
to my Reader, whofe Information I have ever ftridtly confulted, rather than any
Eafe or Advantage tomyfelf. Satisfied therefore of having complied with my Ob-
ligation in a faithful Discharge of that Confidence the Publick has kindly rcpofed
in me, without any Intermixture of finifter or felf-intcrefted Views, the too fre-
quent Motives to fpinning out a Work, and thereby impofing on the generous
Credulity of the Subfcribers, I ftiall proceed in my Labours, and haften to finjfli
them with all convenient Brevity.
Concerning the Trade of America*
yf MERICA was difcovered in 1492, by Cbrijiopber Columbus a Genoefe, though
•^^ Amerkus Vcfpucio, ^Florentine Merchant, (who went there in 1 497 and 1 499)
had the Honour to give it its Name : It is divided into two great Parts, that form a
Peninlbla each, and are joined by an Iflhmus, hardly fcvcnteen Leagues wide.
Both are denominated from their Situation; that to the North being called Northern
Aniericii, and that to the South Southern. This laft is alfo named Peruvian, and
the other Mexican, from P:rrt and Mexico, the two greateft Empires that the
Spaniards conquered in this new World ; whofe Difcovery having been made at
the Expence oi Ferdinand ard Ifabella, King and Queen oiCaJiile and Arragon, the
Spaniards have always pretended, that thefc new found Lands ought to belong
to them only ; but other Nations not attending the Difcuflion of this unjuftifiable
Claim, have each taken Pofleflion of what fuited their Conveniency in the one
and the other Part ; fo that the Portuguefe at prcfent Ihare the Empire of Peru with
its pretended Owners ; and the Englijh, French, Dutch and Danes, are MaAers of
the greatcit Part of Mexico, and the Northern Ifles.
America is almoft environed by the Sea, called either North or South, according
as the Courts it waflies are fituated towards either of thofe two Points of the Hea-
vens ; the South being alfo called the Pacifkk Sea. In the one and the other Sea,
(joined by the Streights oi Magellan, Maire, and BrowcrsJ arcfeveral Ifles, though
many more in the North than in the South, this having none confiderable but
California, and a few others along the Coafts : whilft the North has the Bermudas,
Lucayes, Antilles, and the large iTles of Cuba, St, Domingo, or Hifpaniola, Jamaica,
St. John lie Porto Rico, Terra Nueva, Cape Breton or Louifbourg, and fome others
of lefs Importance, and uninhabited.
The Divilion of this new difcovered Quarter of the Globe, is as follows,
'Jz. 8
The
0/ A M E R I C A, ^c.
T\\: Spaniards, who were its fiift Conquerors, and who are alio the heft fettled
here, poUefs on the Continent all Southern Amcrka, except l->ra::'7 belonging to
the Portugucji, and fome Places in Chili, Magdlai, and tlie liUimus oF Daricn,
where they have never been able to fubdiic the Indians, who arc therefore called
Indios hravos (brave Indians.)
Spain alio occupies the beft and richeft Part of the Northern Diftrid to Mijijfipi,
New Albion and Florida j and the Ifles belonging to them are, Uifpaniola, other-
wife called .SV. Domingo (which the French (hare with them) Culia, Porto Rico,
Margarita, Lucayes, and fome others of lefs Note, that the Spaniards only Ibmc
times vWit, without having any Colonies on them.
Next to the Spaniards the Englijh have the moft flouriihing Settlements in Ame-
rica, as well for the Number of the Inhabitants, and the Quantity of Ships fent
there yearly, as for the valuable rich Commodities they produce, of all which I
have already treated from Page 651 to 657, fo (hall not make any Addition licrc.
The French have in 'Terra Firina, Mi(fiJ/ipi, Cayenne, and fomething towards
the River Surinam. Their Ifles are, Grenada, St. Lucia, Marfinico, and Santa
Croix among the Antilles. They have befides the Southern Part of St. Domingo,
and the little Ifle of Tortuga near to it.
The Portugue/e only poflefs in America the Coafts of Brazil, extending from
the River of the Amazons, to that oi St. Gabriel, near the River oi Plate; this
Coaft is divided into fourteen Commandaries, of which the beft known in Europe
are Fernamiouc, the Bay 0/ all Saints, and Rio Janeiro.
The Dutch, fo well fituated in the Eaji-Indies, arc bad enough ofF, in the
Weft, where all their Colonics arc reduced to thofe of Saba, St. Eujiatia, and
Walkercn, all the fmalleft Ifles of the Cat Ibbees j but to make them ibnie Amends,
they poilefs thofe of Bonaire, Aruba, and Curacao, which lying pretty near to
Carthagena, and Porto Bella, furnilh them with frequent Occalions of carry' ig
on a very beneficial contraband Trade, cgainft which the Spanip^ Governors ufu-
ally ihut their Eyes.
Surinam, at the Mouth of the River with the fame Name, on the Coaft of
Guaiana, belongs alfo to the Dutch, as does Bamrom, Aprouvace, and Berbice, all
thefe in Terra Firma, and are, as one may fay, feparated by Cayenne, appertain-
ing to the French.
In fine, the Danes are fettled in the little Ifle of St. Thomas, where the Ham-
burghers have alfo a Fadtory. This Ifland is not very diftantfrom Porto Rico, and
they have another fmall one among thofe called the Firgins.
Thefe are the only Nations fettled in America, and having fpoke of their Pof-
feffions, I fliall now proceed to treat of their Trade, beginning firft with that of
the Spaniards, as Mafters of a larger Share of thofe Parts, than all the reft put
together.
The Ifle of Cuba is the largeft of the American North Sea, after St. Domingo,
which however it greatly furpaflfes in its Riches and Commerce. It lies Eall and
Weft from twenty to twenty-three Degrees of North Latitude ; it has about four
hundred Leagues in Circumference, and is almoft cut in two by a Chain of Moun-
tains, from whence iffue feveral Brooks and Rivers, whofe Gravel contains tome
fine Gold, a plain Indication of the neighbouring Mines being impregnated with
that Metal, though hitherto they have remained unwrought, as well as thofe of
Copper and Silver, fuppofed to be within three Miles of St. Jago, the Capital of
the Ifle ; but its chief Riches are the vaft Number of Hides cured here, taken from
the Infinity of both its tame and wild Cattle ; befides which it pi duces, Sugar,
Tobacco, Tallow, dry Sweetmeats, Ginger, Caffia, Maftic, Aloes, Sarfaparilla,
and a great Quantity of Tortoifefliell.
Hijpaniola, more commonly called St. Domingo, from the Name of its Capital,
is feated between the eighteenth and twentieth Degree of North Latitude, near
the Middle of Cuba, Jamaica and Porto Ric:; ; from which latter it is only fepa-
rated by a very narrow Streight. The principal Commodities that the Spaniards
trade in from their Part, are Hides, Tallow, Sugar, Ginger, Cocoa, Wax, Honey,
fome Ambergreafe, Brazil and Guayac Woods (which grow here) and that of
Campeche brought from abroad} in fine. Lemons, Oranges, and many other Fruits,
fold frefli, and of which niofl; excellent Sweetmeats are made, both wet and dry :
g S here
So I
v'J*
m
;v
km-
!>'.
lo2 Of the General Trade of the WORLD.
here arc alfo fomc Gold Mines, but fincc the entire Dcftriidion of the Natives,
they remain unknown, and the prefcnt Podcflbrs have no inor* of this Metal,
than what is found among the Gravel of the Rivers.
TheCity of 5/. Domingo (fcated in the Southern Part of the Ille, at the Mouth
of the River OJanaJ is the Capital of the Sf<(i/i/iir,h Sliare in Ilifpur.hlii, and the
Staple of all their Goods, cither Native or Foreign i the Inhabitants of i he other
Towns coming here to furnirti thcmfclvcs with thole from Eiiropc, and the
Continent ofAmeriai (brought here in the Ships of that Nation) at .he fame
Time leaving theirs for Embarkation. The Salt-ponds of '.he ITk arc almoft
equally divided between the Spaniiirds and the Frcmb, there being many in the
Northern Part where the latter inhabit, and not fewer in the Southern where
the former have their chief Eftablilliments ; The moft abundait, and from
whence the bell Salt is extradted, are tbufe of the Bay of OfOrt ond Corodou,
to the South j and them of Ciiraco!, Limo/iad; and Montf-Chrijlo, to the North-
Eaft. Here is alfo found fome Mountains of SalGemnu, but they -.re neglecftcd,
as well as fome other Minerals, which might become (with a proper Care and
Application) a confidciable Object of Trade.
Porto Rico is fituated fifteen Leagues *o the Wcftward of HiJ'paniola. being
from thirty to thirty-five Leagues long, by twenty broad, and was named, either
from the Port of its Capital, which is one of the nioft fpacious, commodious,
and fecurert of America^ or from the Quantity of Gold, at that Time cxtraifted
from the Mines of this Ifle.
There is now but little of this precious Ore appears in the Commercial Tranf-
aftions of the Ifle, the Mines having been either exhauflcd, or negiedlcd for want
of Workmen i here is however always fome little collected in the Rivers Sand,
and particularly in the Torrents that f»l! from the Mountains, and moft abundantly
in thofe of Manatnabow and Cecubo.
The chief Trade carried on at prelent here, confifts in Sugar, Ginger, Hides,
Cotton, Wool, and Thread; Caffia, Maftitk, Guayac, .Mays, Salt (of which here
are excellent Ponds) Oranges and Lemons, frefli or preferved, and all Sorts of
Cattle. Its principal Cities are Porto Rico, (the Capital) St. Germain, Arezibo,
and Guddiamila, though the firfl is where all the Bufincfs of the Illc is carried
on.
Margarita, or Pearl Ifland, on the Coafts of South America, at eleven Degrees
of North Latitude, was for a long Time famous for the Fifliery of Pearls, but
has been deferted ever fincc the Middle of the feventeenth Century, and this
Bufincfs transferred to La Rancberia, in the River of La Hacha, where the Spa-
niards fent ten or twelve Barks yearly from Carthagena, convoyed by a Man of
War of twenty-four Guns, with proper Divers for the Oyiters.
Of t Hie Trade on the Coajis of Spanifli America in the North Sea.
f T would undoubtedly be too long, and an unprofitable Attempt, to enter into
■■■ an exadl Detail of all the Maritime Towns, where any Trade is carried on,
in this Part oi the Spanijh Dominions j I /hall therefore only defcribe thofe Places,
which ferve as Staples, or publick Storehoufes, and where the Flota, Galleons
and Regillcr Ships come to deliver their European Goods, and reload thofe of
America.
The Chief of thefe Cities in the North Sea, are Porto Bella, for Pent and
Cajlile d'Or, or Nciv Cajlile ; Carthagena, for New Grenada, and Part of Gua-
timala ; Vera Cruz, for all Mexico ; Porto Cavallo, for the Honduras, and the
other Part of Guatimala; Maracaibo for Venezuela, and the neighbouring Pro-
vinces J Buenos Ayres, for Paruguai and Chili ; and fome others of lefs Confe-
quencc.
Porto Bella is no ancient City, having been built in 1584, to ferve as a Retreat
for the Galleons, inftead of Nombre de Dios, feated lefs advantageoufly, and
where bad Air cxpofed both the Europeans and the American Merchants to
many Diforders, when their Traffick called them to meet at this unhcalthful
Place i though the former is but fmall, and almofl as unwholfome as the other.
It
!^*^. "
Of A M E R I C A, ^f.
It Is here tint the Fair is liclil, for a Month or fix Weeks, the Time of the Gal-
leons Ihy, when tlic priiicipal Dealers return to Panama, where they refide all
the reft of the Year. The Concourfe is fo great at Porto licllo, during the Fair,
that the fmallcll Shop often lets for a thoufand, and a midling Chamber for an
hundred ami twenty i)ollars, only for the (mail Space it lafts ; Provifions alfo
augment proportionahly, andcommonly twothoudmd Mules arc employed in bring-
ing the CJoods from Panama, and returning with thofe from Europe, the Didance
between the two Places being about eighteen or twenty Leagues j the chief of
what they bring from Panama ci the laid two thoufand Mules, is Gold and
Silver, which is delivered at the Place of the Fair, and after being there weighed
and marked by the proper Orticers, is thrown by with lb much Negledl, till
embarked) in the Corner of fome Warchoufes, as Pigs of Lead arc, in the
Countries where they abound.
I have already mentioned under the Article the Spanip Trade, what Com-
modities were proper for the Wejl-lndies, and ihall now add that the Returns
from Porto Bella, arc in the aforcfaid precious Metals, Indigo, Cochineal, Cacao
(now brought only by the Caraccas, or Guipujcoa Company) Sugar, Tobacco,
Hides, &f(.. The King's Revenues (being one-fifth of all Gold and Silver) are
generally lent home by the Galleons, as well as what appertains to Particulars,
and which is delivered thefe latter at CaJiz, after Payment of fuch Duties as the
King thinks proper to impofe.
Carthagena is one of the four Provinces of New Cajlile, whofe Capital (with
the fame Name) is feated on the North Sea, though very diHant from Porto
Bcllo, to which it is hardly inferior for its Trade, and greatly exceeds it in Gran-
deur, Populoufnefs and Riches. It is one of the belt Ports in the World, and
therefore made ufe of by the Galleons for Wintering, when they are obliged
to pafs that Seafon in thefe Parts, and where they often call on other Occafions ;
befides which, this Place maintains a great Trade, with almofl all the Provinces
of Mexico and Peru, and no fmall contraband one with Jamaica and Curacoa.
It is here alfo, that the Revenues of his Catholiclc Majefty, and the Effeds i^f
Particulars, are brought from New Cajlile, and the other three Provinces of that
Kingdom, to be fent home by the Galleons ; thefe Commodities are Gold, Silver,
Drugs, Medicinal Plants, Spices, and all others mentioned to be rtiipped from
Porto Bello, befides fome Emeralds from the Mines, near the City of St. Fei/e
Bogatta.
Fera Cruz, called alfo St. John de TJlhua, from the Name of its Port, is fituated
at the Bottom of the Gulphof Afmco, in the Nook formed by the 7'ucatan; and
is in fome Manner a City of the greateil Trade in all the Spanijh America, either
on the one, or the other Sea ; its Merchants fending their Ships in all the Northern
Ocean, and to the Ifles of C"^<i and St. Domingo, to Jucatan, Porto Bello, Car-
thagena, and all other Spanijh Places where any Trade is carried on : And though
fo extcnfive a Traffick might fuffice to enrich a much larger City than this, it
is however the leaft Objedt of its Inhabitants Commerce, as it is here (if I may
be allowed the Expreffion) that all the Riches of the Old and New World unite j
thofe of the firft brought annually in form the Manilla.', and Eajl-Indies, by
the Way of Acapulco ; and from Europe by the Flota ; and the Produdts of
the latter, colledted here from all Parts o( Mexico, to be forwarded to Old
Spain. The Number of the Inhabita' its is not very confiderable, as they hardly
exceed three thoufand ; but thefe are all Merchants, or Faftors to thofe of Mexico,
among which are many who have three or four hundred thoufand Dollars to
employ.
The Fair begins on the Flota's Arrival, and lafts as long as it ftays here,
when the Concourfe is very great ; and in cafe its Detention is all the Winter
(which fomctimes happens) this is the Place it remains at ; though it generally
loads in April, and departs in May, if Weather permits ; if not, continues here
till Augujl, according as Winds and other Circumftances arc favourable, or
otherwife.
Porto Cavallo is the Place where all the Trade carried on between Spain and
the North Sea with Guatamala (a large Province of Mexico in the South Sea) is
tranfadtcd. Its Inhabitants are almoft; all Fadors to the Merchants of Guata'
4 mala.
803
s0-^
V
m
T''
if'
804 Of the General Trade of the WORLD.
m ^la, and tlifir Houfc ; M.igazinc<! for the Reception of their CJoods, bcinj; a I'ort
ofgretcr C'oinmcrct, tlviii any in thr ^iiilfof //^«(//,7rf/, at wlioli* Bottom it is
lo.itcil pretty near to Ko-DuUw caMcil ilTo tlic River of 0'//<//(/w<//./. Tlic iSy),r-
.lijh Ship that bring*! the Rurop'-iin Mcrchantli/L here, is one of the RegilU-rs,
commonly (-f ftwn 01 tight hundred Tons liurth'.-ii, h)adcd, as I have formerly
mentioned, with Inn, Steel, P'^er (for writing ami print) L,inens, hnc Cloths,
Silks, SaOVon, Oil, Serges, Rihhons, I'hrcad, uiui fomc Imall Hard Wares, Mer-
ceries, and Glals S^ads for the liuliiins.
The (Joods whieli coirc from (iu.ifnmti/n, arc (Jold, Silver, Cochineal, Indigo,
Hides, Sarfiparilla, jalap, Mcchoacam, Cotton, Balin, a Specie of I'ctrolc Oil, &c.
Aliirctciiiho is ti • Name cif i great Lake, at the I'xtremity of the iiay of AV-
nczuela, as ah'o of the piiucipaf Town that the Spaniards have on it j which
though but Ihiall, is well liuilt in tiic moilern Tafte ; it has a mod excellent
Hnihour, and its Mcr( Ivants are fo rieh, as to build, fit out, and load their own
V<.;lels, for ill I'ai-ts of ,'!>::, lica, and lend them even to Sp.iin. This City has the
Privilege ( fa yearly RcgilK-r Ship to load the Produd^s of tiie Country, and bring
thofe from Europe fit for this Market. It is alii, the Depolitory for the Govxls
from Mirulii, and of fome other Places on the Frontiers of New (JranaJa, and
ycnezucid, eighteen (or as others will have it) forty Leagues from Gibraltar, a
large Town on the Lake, where the chief Merchants o\ Maracaibo have their
l'!(btes. It is from Mcrida tliat all the CJold, Silver, and precious Stones, are
brought to Miicnrai/') ; and froin (libraltar, the bel> Tobacco, and the moll ex-
cellent Cacao, that all the Continent i^i America produces.
The Commodities proper for the Hay of f'rih-^.rie/a, ami the Lake o( Mara-
caibo, aic Linens, Silks, Wines, Tools for Agrii nlture, fome Hard Ware, and
fmall Mercery, and many other of thofc I hnvc formerly mentioned.
Bue.ios Ayres, fituatcd in the thirty -fifth Pegrec of South Latitude, is built on
the Southern Hank of the grea^ River oi Plate, on the Declivity of a little Hill,
at the Mouth of a fmall River, lalling into the great one. It contains near four
thoufand Houfes, all Earth, except fifty Hriek j its Inhabitants are rich, and owe
their Riches to the great Trade th?y drive, both at home and abroad.
Its inland Trade is with Paraguay, Chili and Peru ; and the foreign one, firfl,
with Brazil, where the Merchants fend their Ships, althot h they will admit
no PortKguefe into their Ports, oecondly, witli the Spaniard. jI Europe, who load
ftveral Regiller Ships, to brin^' here all fuch Goods, as I have mentioned to be
fit for Porto Bel/o. Thirdly, with the Etidilh when tlie AJ/iento Trade fublilled ;
and fourthly, here comes many Vefl'els from feveral Parts of Spaiiijh America.
The chief Commodities exported fron\ Buenos ylyres, arc Hides (of which
vaft (^antities are fhipped here) Cochineal in fmall Cakes, and rigoiiean Wool,
b'ith from Per;/, Coyw/>w/^5 Copper, Paraguay Herb, Tob.icco, Loaf and Mufco-
vado Sugar, Cotton Thread, yellow Wax, and what ellc the Cities of P/zv/ir/wy
and las Corrieiites ynAucc ; in truck of which the Inhabitants of thofe two Places
take Knives, Sciflars, Ribbons, Taffeties, Linens of /:f;v/(7^«f, fluwered dittos of
Rouen, Silk Stockings, Englijk coloured Flannels, grey Caflor Hats, Silk Stuffs,
Cloths, and Peru c- i^tito Flannels, as np CaOi ever comes from or goes to either
of the fairi Cities.
The Bay of Campeche, and the Coaft of Caraccas, ought alfo to have a Place
among the trading ones of Spanrjb America in the North Sea, as the firll abounds
with the Dying ^^'ood, fo much efteemed in Europe for Blacks, and Violets.
The City of C.w'/>.'f/'(', which is the Capital of the Country, is feated in twenty-
nine Degrees of Latitude, and the only one that ihc.e is, from Cape Catochc to Fera
Cruz. The Cioods extr, dted from hence, belides the aforefaid Woods, are Tim-
ber for Building, Wax, Sugar, Caflia, Safapareillc and Hides.
The Crtr^/rca Coafl: is fruitful in that Sort of Nut, wherewith Chocolate is made,
and though it feems a long Chain of Mountains, yet it has many Vallies where the
Inhabitants of Caracca (Capital of the Country) maintain their Slaves to cul-
tivate the faid Nut Trees, which produce the Cacao Icfs in Size, that what is ga-
thf-ed in other Parts, yet this is eAeemed the beft in Quality of all that America
y. -ids.
1 This
Of AMERICA, ^c.
This Coafl affonls little Trade bcfidcs this Fruit, though here arc fomc Hidig
anil Silver, but thcfc arc contraband Cuinmuditics -, and tlic (ioods moll vendible
here, arc fcveral Sorts of Linens 'Vom Europe, ami Calicoes from InMa, Brandy,
Earthen Ware, and Icvcral other Manufadurcs of England, France and Hollana.
805
n
Of the Commerce of the Spanifli Atncrican C ajls in the South Sea.
npH AT Part of the Ocean, entered from the t^fortC) Sea, by the Streights of
*■ Afiigi//iin, Mnire, and Howers, and which wafhcs the Meridion il Coafts of
America, from the faid Streights to the Iflc oi California, is called the South Scai
it is alfo called the Red Sea, Pacifck Sea, the Sea of California, and the Sea of
Jell'o; but this is only when a Part is to be fpecificd, the Name of the South Sea
comDrchtnding the whole, when fpeaking in general.
Tne principal Cities which the Spaniards polTefs on thcfc Coafts, and where
they carry on the greatell Trade, going up them from Chili to New Spain, are
Baldivia, the Conception, l^alparaijb, Arica, Lima, and Callao its Port, Panama,
Acapulch and La Navidad; bcfides which principal Places, here arc a Multipli-
city of liuaii Ports between them, that cither fervc for loading Places to liime
inland Cities, or for carrying on a Coafting Trade, with tlie Produfts of each par-
ticular Diftridlj the chief of which arc, vl?«roftf, Lavelia, Guiarme, Paita, Rio-
Tomba, Sebfjues, the 'trinity, St. Michael, Tomaco, Sanfonnat, Sagno, Nafca, Pifcai
Pachacama, iiarhacoa, Tecoantepeque, Nicoya, Chiricito, and fomc others.
Baldivia, la Conception, and yalparaifo, are fituatcd on the Coafl of Chili, and
it is in their Ports, tha' all the Trade of this Kingdom with that of Peru is
tranfadled, as the Way bv Land, although (hortcr, is both more difficult and dan-
gerous, i>r. Account of the Mountains to be croflcd, wnlkh are almoil all dcfert,
and fo difficult of Accefs by the extreme Cold always reigning here, that there
arc but few Merchants who care to run the Hazard of them ; and the other Road
by the IDefert of Datacama, notwithftanding it is the (hortell, is not lefb diificult
throuei) the vVant of frefh Water.
Baldivia is the firft City found on the Coaft, after pafling the Streights of Ma-'
gellan, and is feated two Leagues from the Sea in the fortieth Degree of Lati-
tude, between the Branches of two Rivers, who at their Mouth form one of the
fincO and fccurcft Ports on all this Coaft. The Gold Mines, which are not very
didant, and more abundant and rich than any other of Chili, rendered it formerly
very famous, but the Revolt of the Arauco Indians, who invaded and took k in
1599, and whom the 5/>fl««rfr</j have not been able to fubdue lince, has greatly
diminiflicd its Reputation and Trade, although thcfc latter are recftabliihcd here,
and maintain a Garrifon of two hundred Men. Its principal Trade by Sea is to
Liiihi, tlie Capital of Peru, where they yearly fend eight or ten Vcffcls of four or
five hundred Tons, loaden with all the Produds of the Country, among which
are Beef and Goat's Skins, Tallow, Salt Meat, and Wheat. And the Returns made
by thcfc Ships are in Wines, Sugar, Cacao, Spiccries, and all Sorts of £«ro-«
y>f(7« Merchandize, that arrive from Porto Bella to Lima, by Way of Panama.
Its inland Commerce is to 5/. Jago, Capital of Chili, through wluch it receives
from Buenos Ayres the various Commodities mentioned in treating of the Trade
of that famous City.
La Conception, i^ckoncd the fecond City of Chili, (counting Baldivia for the
third, and St. Jago for the firft) is feventy Leagues from this lart, and fixty
from the other. Its Port, in Form of a Horfefhoe, and from thence called by tha
Spaniards Herradura, is five Leagues from the City, to which light Vcfliels go
up by the River Andidicn which croffes it. The Mines of ^ilacoya, and ^i-
lacura, arc only four Leagues diftant, and the principal wafliing Places of the
Kingdom much about the fame; it is here, that on feparating the ^Tth from
the Metal by this Lotion, that thofe Lumps of Gold are difcovered, which are
of the greatcft Purity, and fo much enrich the fortunate Finders : And wliich,
as well as all that is cxtrafted from the Mines, is carried to the Mint at St. Jago,
to pay the King's one-fifth, which is fent with the reft of the Royal Revenue
to Lima. The Natives breed a grcit QuoriUty of large Cattld and Goats, the Skins
9 T of
if l
i^: ' !
W'
I ;
¥r
"^n-
( 1
806 0/ the General Trade of thcWORLD.
of which Ml they make into Cordovuii, and fend theCe witli the other Hidei
to Lmu* AtNn whence by Panama and the Hivcr Ciagrt, they are transported
to iha North Sm. The other ComnKiditiei in which they trade, being much th«
fanM M thoft of BaldivUi, with the Exception of Wool and Cloth, and other
Stuflfi made in the Country, and the Ships which the Inhabitants fend yearly to
Ptru, being ten or twelve, bring with little Difference the fame Returnii, as thof«
of the other afbrafiud City do.
Valparaijo is featcd in a Bay of the fame Name at the Mouth of the River
Tofacalma, and ferves as the Fort to St. Jago, the Capital of Chili, built on the
fame River, fthcen Leagues front the Sea. This Port is one of the fafcft and
iBoft commodioui of thole on the South CoaA« and is where all the King'i Rc-
VMue of CbUi is nnbarked for Peru, a« alfo the Effedls of Particulars defined
for th« Ncnth Sea, confining efpecially in Gold, drawn from the Mines near
BaitHvia and the Conception, or thofc of Tijhl, which arc betM'een Valparaifo and
St. Jtgo. There are alfo carried to Lima Turquoilcs, which are lound in mi
excillcint Rock, opened in the Vally of Cotiapo, in the Northern Part of CbHi.
S^iiUero, and Ctquimho, are alio two Maritime Cities of Chili, where Ibmc Bu-
fiflcu » tranftdted, efpecially at this laft, in whofe Ncighbourliood is u Copper
Mine, producing Metal with which all the Artillery of Peru and Chili arc can.
Arica, although it is the lead confidcrable City of Peru, for the Number of
its Inhabitants, and Beauty of their Buildings, there is fcarcely any Place, which
in fo final! a Time, tranfudts fo rich a Commerce, its Warehoules being, for fifteen
Days, the Dcpofitorics of all the Tre'-.,*.-cs from Pot(^; and the Silver Fleet,
which yearly faus with the King's Revenue, and the Mines produce for hima, to
b« afterwardn forwarded by the Way of Panama to Ptr to Btllo, in the North Sea, for
the Galleons. Thia Treai'ure is brought from Ptto/i to ^rara in March > and
in Jtme the Lima Ships come to load it. The City is fituatcd in eighteen De-
orees forty Minates of Latitude, fcrenty Leagues from the City oi Poteji, to which
u however fervcs for a loading Place, at belJDrcmchtioned.
The Merchandizes which are bronriit fron Lima, and ether Ports of Peru,
to Arica for Potofi, are European Cloths and Serges, with others from ^^0,
where the beft Woollen ManufaAurea are of all Peru, Geld, Silver, Silk and
Cotton Stuffs ) thefe here made in the Country, and the ethers coming from
Spain by the GaUeons, Flour, Wheat, Maia, (or Indian Wheat) Acicoca, (an
Herb ferving InAead of Paraguay) Ariquipa Wines, the bcft of Peru, where the
King of Spain permits the planting Vineyards, Oil, Olives, Butter, Cheefe, Sugar,
SaiCy Quickfilvcr, SweetnneciS, Syrops, and all Sorts of Hard Ware, and Iron
Vicnfils for the Service of the Houfe and Mines ; all which are paid fur in the lat-
ter't Argentine Produce ; as the City of Pottji (called alfo an Imperial City) be-
ing feated in a Coiuitry fb barren and unfruitful, would furni/h nothing to Trade, if
its Mountains did not cover thofe infflchauftible Silver Mines they do.
It is alfo owing to the Richnefs of its MinCf), that this City is the fineft, meft
populous, and abundant in all things, of any one in Ptru i its Inhabitanrc amount-
ing to more tlian fixty thou£uid (among which aie iX leaft ten th "''-■'* •! Spa^
niarJs.J And its Markets, Warehoufes, and Shops, are ever full c fall Sorts of
Fruits, Sweetmeats, Wines, Stuffs, Jewels, European and Indian Curiofrtiec, with
an Infinitude ofotlier MerchanJize and Wares, to gratify both the Vafte and
Sight, fubferving as well to Pic^Aire and Ufe as Ornament, although (as has
been faid) none of thefe Thii.i;s grb<v, or are the natural ProduA', of the
Country.
Litia, called alfo by the Spaniard* Giudad de lot Reyes, is the Capitci of Ptru,
and ftated i«ro Leagues from the South Sea, being a Place of the greiteft Trad*
in all this Part of America. The Riches of Peru and Chili are br Dught here
from the Ports of La Conception and Arica, where they are colle^J i and the
greateft Part of the Goods that arrive from Ewope at Porto Bella, and La Vera
Cruz, are alfo brought here from the one by the Ships of Panama, and from the
others by thofe of AcapuUo. The inland Commerce of this City is not lefs than
its foreign one } and if it maintains this latter with all the Places on the South
Sea Coafts, from Chiti to New Spain -, its home Traffick is er ;aliy extenfive, as
it dees not only fpread to all thePreviocu that compefe the . » rcei Ptru, but
M'::
Of A M b: R I C A, ^c. 867
to all the other Kingilomi of Southern America, even to Butnts Aynt ind Gar^
tbtigtna oil the North Sea.
I'hc Trade of Lima is carried on, partly hy Spaniurdt, and partly by Indidtiti
thefc latter having more Liberty here, than in any other Place of the King of
Sbain% Donunions, on Payment only of a (mall Trilnitc twice a Year, [t ii theft
that do .ill the fcrvilc Work, and are the Ibic Mcchanicks and Ilulh-'indmcn, tha
StianiariU thinking it beneath them to (loop to fuch Ottices, and only engage in
the more valuable Branches of Trade, fuch at Gold and Silver, Silki, EurO'
ftJH Cloths, CSc. with which, and indeed with every other Conveniency of Life*
this City is fo well fuoplied, as would induce a Belief, that this Plenty could only
be the Produdls of the Country. The Gold comes here from Chtti, Niw Ca-
Jlile, CuJ'co, and fome other Provinces of Ptru : the Silver from the Mines of
Potofi, and thofe of Oruco, Tarapaca, and CJbotoheora t and the Quickfilver frotn
Euroi>v and JuaactiMuca, forty Leagues from Lima. They get the Country
Stuffs from ^ifo, and from the MounUin Towns, which arc in the Neighbour-
hood of their Canital. The Wines are brought them from Arequipa, Tsa, Pijca,
aiid N,{/i(i > as the Cattle arc from Xaura, Cufco, Canetn, and Guemangua. Th«
Sugars, Sweetmeats, Syrups, and Prelerves, are made at Jamanga, and Guara.
The Wheat, Flour and Maiz, come from this fame Place, yaraiuas, and tho
Villages near to Lima: Dry Fifti from Peita\ Carpenter's Wood from Gu<na-
quil, tho' cut on the Side oi Gallo, near to it i and Salt from the Ponds of Gu-
ara, &c. Oil and Olivet from almoA all tho Ports of the Coafts between Arie*
and Lima.
Pearls are brought from the Pearl Iflands in the South Sea, and Part from
Panama, of the Fifliery oi Rancbtrk (alio loi.nerly oi Margarita) in the North
Sea ; and precious Stones arc found in many Rocks, Mines and Rivers of Ptru.
All the Gold and Silver Mines are fo rich and abundant, that, as it is aflertedt
the King of Spain has in Icfs than fifty Years received for his one-fifth, of only
thofe of Potofi, one hundred and eleven Millions of Dollars.
Calao (as before-mentioned^ the Port to Lima, is two Leagues from the City,
fpacious and very fecure, witnout Rocks, or Shallows. Itnas two Channels,
tne one for large Ships, on doubling the Ifle of Lobos that covers it t and the
other for Barks, or fmall Veflcls, by a Streight between the Continent and the
Ifland. The City lies along the Bank, and all its Inhabitants (above two thoufand)
ftre either Lima Fadors, Carriers, Sailors, or Inn-keepers, u its Buildings are
Warehoufes for the Reception and Depofit of the Goods that arrive from Aca-
fulco, Panama, Arica, and the CoHcefti$n, or Inns to accommodate the Merchants
who arrive from all Parts, when the Fleets come here to load or difcharce.
Two Fleets, both called the fame, Plato Fleets, are annually fitted out in this
Port, the one for Arica, and tho other afterwards for Panama. The firfl: fails
towards the End of February, and after having loaded the Silver of the Potojia*
Mines, returns to Lima in about a Month, or by the Beginning of April, near
the fame Time that the Veflels from Valparaik bring here the Revenues of CbiH,
As foon as this Fleet is returned and the Chilt VefTels are arrived, they unload the
Goods, to wait a proper Seafon for the Voyage to Panama i the lead valuable are
Sut in Warehoufes, and the Gold and Silver, with what elfe is precious, font to
Jma in Carts, or on Beafts of Burthen, with which the Road from Ca/ao to
that City, is near full during the whole Year, more efpecially in the three or four
Months of the Fleet's Arrival and Departure. Alfo in the Months of Msrcb and
April there arrive at Lima by Land Gold, Silver, and the Merchandizes of all
the Provinces of Peru, that are deftined for Perto Bella, and which muft b« reatfy
for the Sailing of the Panama Fleet.
The Departure c^ this fecond Fleet is always at the Beginning of May i and it is
conunonly two-thirds bigger or ftronger, both in Merchant Ships and Men of War,
than the other ; becauteT befide the Riches of Potofi, which the Fleet of Arieet
only brouj^ht, that for Panama carries aUb all the Revenues of the King and Par-
ticulars EfFeAs from Cbili, Peru, and a great many of the oth^r Kingdoms of
Soutb America. And it is by Return of ^is Fleet, that all the Goods deftined
for Peru and Cbili are brought i and from theiwe fent cither by Sea or Land to
the Places they arc configned to.
2 Beiido
Hi
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808 Of the General Trade of t/jc WORLD.
Befide the Fleets before mentioned, there is yearly equipped at Ca/ao a Twenty-
Gun Ship for Acapulco, a I'ainous Port in New-Spain, by which the Spaniards of
Mexico maintain a great Trade witli the Philippines, and receive a large Quantity of
Goods from India and China. This Veflel arrives at Acapulco a little before Chrijl~
mas, and carries there Cacao, Dollars, and Quickfilverj in Return of which ihe
brings back Spice, Silks, Chints, Callicoes, and a few other Indian Commodities ;
tho' this Trade is prohibited to all others but thofc concerned in the faid Ship ;
the Court oi Spain having interdided it to all the reft oi Peru, under very fevere
Penalties, for Fear of hurting that which South America carries on with Spain by
way of Panama and Porto Bella.
This was the Situation of Calao, before the Earthquake, which with an Inun-
dation of the Sea, that happened at the fame Time, dcftroycd every Perfon in the
"lown, except one Man, who crept up the Flag-StalF, and dropt from thence
into a Canoe, which floated under it. As this happened before the Peace of Aix
la Chapelle, it is not doubted but the Damage is repaired in fomc Meafure, but it
is fo difficult to get Aiccounts from that Country, that nothing can b; faid with
Certainty.
The chief Places with which the Spaniards maintain a regular Commerce, on
this vaft Extent of Coafts, are Leon, Guayaquil, Truxillo, Lejparfo, Lavillia, Ni-
coya, Chiriquita, Paita, Sagna, Nafca, Pijca, and Pa.hacama, of which the firft
produces Sugar, Cattle, Hides, Pitch, Rofin, and excellent Cordage, befidcs Plenty
of Timber for Ships, whereof more are built here than at any Place in the South
Seas, except that I am juft going to mention.
Guayaquil, in the Province of ^ito, whofe Produdls are Gold, precious Stones,
Cacao, Green Hides, Tallow, Sarfaparilla, Woollen Stuffsof the Country Make,
Saltpetre, Brimftonc, and Wood, worked up in the Ship-yards of this Place j it
alfo produces Cacao in fuch Plenty, that there is hardly a Year in which thirty
thoufand Bales (of eighty-one Pounds each) are not (hipped off, and fometimes
the Quantity is doubled. The Goods imported here from Litna arc Wine, Oil,
Spice, and other Eu'cJ,:::t Commodities.
Truxillo is fix L'.agues from the South Sea, having a Port called Guanchaco,
the moft difficult to enter, and the moft unfafe of any on the Coaft. Its chief
Trade coniifts in Wheat, Flour, Wine, Sugar, Sweetmeats, efpecially Quince Mar-
melade in Calks, Cattle, Horfes, Mules, (Sc.
Lejparfo, is fituated in the Bay of Caldaria, two Leagues from the Sea, it is
the Port to Carthage, a City of South America, in the Province of ^ivibaia,
twenty-four Leagues diftant from it, and formerly had a good Trade, but it is now
reduced to fome Sugar, Hides, and Provifions, for Lima.
Panama; of all the Cities I have hitherto treated that trade with Lima, none
have fupplied it with other Commodities than thofe of their own Growth and
Manufactures except Acapulco ; but a quite different Commerce is tranfadted from
Panama. Before this City was taken, pillaged and burnt in 1673, by Sir Henry
Morgan, it was feated on the Shore of the South Sea, at nine Degrees of North
L:Uitudej but the new one is built at four Leagues diftant from the Ruins;
more magnificent, better fortified, and with a greater Number of Inhabitants. It
gives name to a larg" Bay in which it is built, and lo the Ifthmus, that fcpa-
rating the two Seas, joins the Meridional to the Septentrional America, and is
cqu;UIy famous for its Land Trade with Porto Bella, on the North Sea, and its
]Vk;itime Negociations with Lima on the Scuth Sea, colleftrng in its Warchoufes
all the Goods that the Galleons bring from Europe, as well as all the Riches of
Chili and Peru, which come by the Plate Fleet ; and although it at all Times
carries on a very confuicrablc Commerce, and lias its Road always filled with
a great Number of Veffels ; it is neverthelefs, on tlie Plate Fleet's Arrival, and
with the Goods by the Galleons, that the greateft Concomfe of Merchants meet
here, and the Trade is moft flourifliing, being then that the Fair is held, which
attracts both the Nobility and Commonality of the Neighbourhood to affcmble,
and cntrcafe the Throng.
As foon as the Galleons touch at Carthagcna, (where they remain fomc Time
before they proceed to Porto Bella I a Courier is difpatchcd to Lima, and on the
Receipt of thii, Advice, the Viceroy orders the Plate Fleet aforementioned to be
3 loaded
0/ A M E R I C A, ^c.
>■)
loaded and difpatched, under Convoy of four or five Men of War; whlld the
Prefident of Panama on his Part, direfts the providing Mules for the Carriage of
a Part of the Treafure by Land, and Barlis for the Conveyance of the Remain-
der by the River Chagre to Porto Bello, that no Time may be loft, as the Gal-
leons only remain there about a Month, during which Time, every Negocia-
tion muil be tranfadted. It is computed that tne King's Effedts loaded on the
Galleons, commonly amount to three Millions of Pieces of Eight in a common
Year ; and that the Merchants regiftered EfFedts are three or four Times as much,
extra of what is (hipped clandeftinely. All the Galleons muft be ready to fail
the thirtieth Day after Arrival, otherwife they run a Rifque of being left behind ;
however, the Admiral commonly grants an Addition of eight Days, which is of
great Relief to the Merchants, and nothing difadvantageous to himfelf, as this
Benefit is always procured by the Intervention of a confiderable Prefent. The
Goods proper for this Voyage, have been already defcribed in the Article of the
Spanijh Trade, fo I ftiall only add here, that all Iron Inftruments, fuch as Hoes,
Axes, Hatchets, Anvils, Gfc. Spice, Wine, Oil, Laces, and Gold and Silver
Stuffs, are likewife proper Objedts of this Trade.
The Maritime Towns, where (next to Lima) the Merchants of Panama carry
on their Trade, are Lavillia, which furnifh it with Hogs, Poultry, Salt Beef,
and Sirops j Paita (or rather Piura, to which the other is the Port) from whence
are exported Wine, Oil, Flour, Sugar, Soap, and Goat Skins, made into Cor-
dovans ; Realegio, yielding Brandy, Sugar, Oil, Flour, and Wine ; Galio, Tomago,
and Cbilae, three Illands producing yearly a large Quantity of Timber and Boards;
Pifca, fruitful in excellent Vineyards ; Truxilh, abundant in Wheat Flour, and
Sugar } Oicoya, where are Plenty of Shipwrights and Yards, as alio a Quantity of
Cattle, Hides, Wheat, and Red Wood, or Nicaragua. There are alfo Ibme Pa-
nama Barks, which go yearly to fifh for Pearls at the Ifle of Gorgona ; this being
the only Place where they are found in the South -Sea ; thofe called the Pearl
Iflands, within twelve Leagues of Panama, now producing none.
Tecoantepeque, La Trintaad, Vatulco, and Realejo, are Places alfo on this Coaft
between Panama and Acapulco, which fefve for Ports, where all the Traffick of
Guatimala, Leon S^uaxaca, Nicarague, and fome other Provinces of New Spain
is tranfadled, which confifts in Cacao, Vanillas, Achiolt or Rocou (a Dying Herb)
Jndigo, Cochineal, Hides, Wheat, Maiz, Wool, Sugar, Cotton, Salt, Honey,
Caifia, Wax, and in fome other of the Produdls of Mexico.
Acapulco is next to the Port of Tecoantepeque, and feated l.venteen Degrees
North of the Line. It is the Weftern Port to the City of Mexico, as Fera Cruz is
the Northern ; and the principal Places of its Trade, are Peru, the Philippines, and
the Coafts ncareft to Mexico j the Commerce of which latter is entirely negociated
thro' the laft four mentioned Places, and fome other fmall Harbours, where the
Merchants of Acapulco fend their Goods on light VefTels, to extradl Provifions and
Refrefhments, although they receive large Parcels by Land on Mules, particu-
larly Flour, Chocolate, fmall Cheefe, Salt Meat, and all Sorts of fuch Provifions,
for which they have daily a Market ; and the Cattle they want comes the fame
Way. I have alfo treated of the Trade between Acapulco and Peru ; and though
that between the Northern and Southern America is open and free, yet the In-
habitants of this City make but little Ufe of it, their Commerce being only ex-
tended to the Places on the Coaft, fo that what is tranfadted between this and
the Manillas, is what gives it Reputation, and which is carried on, in only two
Ships of eight hundred or a thoufand Tuns each ; whereof one is always in load-
ing at the Philippines, and fails on its Return, as foon as its Twin Veflel arrives, a
Convoy being afllgncd them, of a twenty-eight Gun Ship, and they mounting
forty each. Their Cargo from Acapulco, confifts partly of European Merchandize,
brought to Mexico from La Fera Cruz, and partly of the ^Toa\x&.% oi New Spain,
both fent to the South Sea on Mules. The Reloading back is compofed of what-
foever AJia produces, that is either rich or valuable, even Pearls, precious Stones,
and Gold Duft, with which thefe Ships are fo fully flowed, as to render their
between Deck Guns unfcrviceable in cafe of an Attack.
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8io Of the General Trade (^/^ /^^ WORLD*
Of the trade of French America.
1 SHALL begin with the Ifles which the French poflefs in this Part of the
World ; and firft with the Antilles, of which this Nation are Mafters of four out
of the twenty-eight they are in all, and (hared that of 5/. Chrijlophers with the Eng-
/j^, till the Tre o( Utrecht, in 1713, gave it wholly to the latter.
Martinko is t' - chief of thetnj the others are, Granada, St. Lucia, and St. Croix.
Above two hundred Ships are employed in the Trade of thefe Iflands, and it is not
uncommon to fee eighty Merchantmen loading at Martitiico together. Tobacco
was formerly the Staple Commodity here, but the Cultivntion of that iMant has
been long neglcifled for Sugar, more efpecially at Martinico, which alone 1$ fup-
pofcd now to yield in a common Year, between five and fix Millions of Pounds
Weight ; Granada and St. Croix, four or five hundred thoufand between both :
St. Lucia grows only Tobacco, with fome Pulfe and Greens, which turn to
good Account at the firft mentioned ; though hefides thefc Commodities, the
Iflands produce among them Indigo, Cocoa, Rocou, Cotton, Ginger, Caffia,
Guinea Pepper, fome Medicinal Gums, Hides, Tortoifelhell, Dying Woods, Gfc.
The Commodities fent there from France, are every NccelFary for Provifions and
Clothing, Houfliuld Furniture, and Tools for various Ulcs, efpecially for Agri-
culture.
St.Dotringo, divided as I formerly mentioned between the Spaniards and French,
carries on a very confiderable Trade, of which the chief Places aillgned the latter
are La Grande Ance, Leogane, La Grande Terra, Port de Paz, Fort Margot,
Lancon Louifa, Trou Charles Morin, Lemodada, Cape Francois, and the Little Goare.
Befides this Diftribution o(St. Domingo, the French poflefs the fmalleft Ifle ot'Tor-
tuga, (about three-fourths of a League from the other) and the Produdls of
both arc Tobacco, Sugar, Indigo, Ginger, Rocou, Cotton, Cocoa, Hides, Brazi-
letto, yellow Sanders, Fuftick, Cedar, Grenadillo, and fome other Woods lor the
Dyers' or Cabinet Makers Ufe. The Ships Cargoes proper for thefe Ifles, are
much the fame as thofc for the Antilles, excepting the Salt Meat, which is not
here wanted, 5/. Domingo having it in fo great Plenty, as even to fupply the
other Ifles with large Quantities : Here are about four thoufand Families cfta-
bliflied in the whole Settlement, which more than double thofe of the Spa-
niards, though thefc latter are near a Century more ancient here than the others.
On the Continent of North America, the French poflefs Louijiane, called
alfo MiJJiJipi; and in the Southern America, Cayenne, and fome other Ha-
bitations on the River Surinam. They have been fometimes alfo Mafters of Nova
Scotia (as formerly hinted) and they were once (o of Newfoundland ; but thefe
having been ceded to the Engtip by Treaties, I fliall only remark here, that
with refpcdt to the latter, the French are in Confequencc of the thirteenth Ar-
ticle of that of Utrecht in 17 13, permitted during the Fifliing t-eafon to build
thcmfelvcs Stages and Huts, and wliatcver elfe is neceflary for Curing and Dry-
ing their Fifli, though this Privilege only to extend from Cape Bo!,a Fi/ia, to
the Northern Extremity of the Ifle, and from thence Wcfterly to Cape Riche -,
but they arc to build no Houfes, much Icfs Fortifications, nr.y, are not fo much
as to anchor here, only in the aforelaid Scafon.
Louijiane, or MiJJiJ/ipi, is a vaft Extent of Country of more than one hun-
dred and eight Leagues lying in North America, between Canada, Carolina, Mexico
and the Ocean. It is in thefc newly difcovcrcd Lands, that the famous Colony is
cftabhflicd, which after the Year 17 17 engroflcd the Attention of all Europe, and
fct the major Part of it a madding after tlieir Hx;imple, to the Ruin of many
thoufand Families ; however, I fliall hereconfidcr it in its prelcnt Situation, and
give an Account of the real Trade that is here luhfiftingj difrcgardlefs of the
chimerical and ideal Advantages, fome of its moil fanguine Adventurers at firft
propolcd from it. The chief Settlement of this Colony, or more properly fpeak-
ing the Capital of all the Country, and Centre of its Commerce, is the City to
which the Name of New Orleans was given, to prekive the Memorial of the Re-
gency of tluit Prince, under whofe Piotetition and Aufpices it was founded. Its
Situation is on the Side of a River, near enough the Sea to have the Conveniency
and
0/ A M E R t C A, ^c. 8ii
tnd Facility of loading and unloading the Ships that imports, and at a fufHcient
Diftancc to avoid its bad Air and Neighbourhood, when irritated. The Trade
carried on here is much the fame as at Canada -, and fome Indians have aiTured the
French, that hij^h up in the Country are found Mines of Gold, SiWcr, Copper,
Iron, and Steel j of which two laft Metals, Mr. Savary fays, there were never any
Samples feen in America ; though with Submifiion to his better Judgment, I muft
contradidl this Affertion, as there is Plenty of Iron in New England, and Nova
Scotia, and may probably alfo be in fome other of our ^Feji Indian Plantations.
Thefe Mines are however yet undifcovered, but the true Riches of the Country
confifts in that great Quantity of Cattle with which the Plains and Forcfts of
Louijiane are filled, viz. Horl'es, AfTes, Bulls, Cows, Sheep, Goats and Hogs, of
which the Indians make a great Slaughter in their Excurfions, and bring both
Flefli and Skins to the Colony, and there Exchange them for Trifles. The
Supplies from France, proper for this Colony, are the fame as has been di-
rcdcd for the Iflands ; with the Exception, that to what the Country produces
towards the Support of its Inhabitants, muft be added, fome Flour, Corn, Rice,
Pulfe, and all tnat can contribute to fuftain fo numerous a Colony -, and the Mer-
chandize fit for the Trade with the Indians, are coarfe Woollen Blankets, ferv-
ing for Cloaths, Limbourg Cloths, white and red, and Cloaks ready made of them ;
ordinary Hats, Knives, Hatchets and Pickaxes, fmall Mirrors, Glafs Beads and
Vermillion.
The Ports, Ports, and Eftabliflimcnts, which the French at prefent occupy are
fixteen, viz. the Ifle Auz VaiJJ'eaux, Biloxi {or Fort Louis J New Orleans, Manchac,
Notches, Natchitoches, Tafous, Illinois, Ouabache, IJle Uauphine, Fort de Conde,
Alibamons, the Bay of St. Bernard, the River Aux Cannes, Padoucas, and Mijfoures^
This Country produces Rice, Indigo, Cotton, Tar, Pitch, butmoftly Tobacco.
Cayenne is the only Settlement the French have in South A/mrica, except fou'i;.i
Habitations that it poffeffes on the Coaft of Surinam, and the River of ylmazons,
which form a Sort of Government of more than a hundred Leagues.
The Ifle oi Cayenne that gives Name to this Government, and takes it from a
River whofe two Branches feparate it from the Terra Firma, lies in the Latitude oi
four Deg. forty Min. a hundred Leagues from the great River of the Amazons;
It is fev^nteen Leagues in Circuit, of which five are bathed by the Sea, and the reft
by the two Branches of the River aforefaid : And has been fuccefllvely poffeft by
tne Engli/h, French, and Dutch, though the French have finally remained Mafters
of it ever fince 1677. Its chief Produdls are Sugar, Rocou, Indigo, Cotton, and
Vannillas ; and the Commodities fent here from France, are principally Flour,
Wine, Brandy, Linens, Stuffs, Quickfilver, Hard Ware, and above all. Salt Meat ;
the Inhabitants, exclufive of the Soldiers and Slaves, are about twelve or fifteen
Hundred Men, fpread in the different Habitations above-mentioned, of which
the chief, compofing a fmall Town of two hundred Houfes, with three hundred
and fifty Whites, is below Fort Louis, where the Warehoufes are kept.
:v->,^j
Commerce of the Portuguefe America.
THIS Nation's PofTefTions in America have been many Years fince reduced to
the Brazil only, tho' this is a Part of the New World', fo vaftly extenfive,
fertile, and rich, that they have no Room to complain of their prefent Share.
This Country reaches from the Amazon River, to that of Plate, and has its Coafts
curved into a Semi-Circle of about twelve hundred Leagues Extent, though li.a
Portuguefe do not occupy the Whole, having no Habitations beyond Rio Janeiro,
which is two hundred Leagues from the River oi Plate, its Southern Boundary.
The inland Country is yet unknown, as the Portuguefe have never penetrated it
above eighty Leagues, by Reafon thofe vaft Regions which feparate it from Peru
are inhabited by innumerable Nations of Indians, who loving Liberty, difpute the
Acquilition of their Lands, Inch by Inch, as they regard foreign Settlement
only as Ufurpations. The Portuguefe have divided their Ellablirtuneiu into four-
teen Captainfliips, or Commanderies, viz, Tamaraca, Bahia de todos los Santos,
Pernambuco, Paras, Maraghan, Ciara, Rio Grande, Paraiba, Ceregippc, Los Ifieos,
3 Porto
11' rk'
8i2 0/ the General Trade of tie WORLD.
Porto Seguro, Spirito SanSio, Rio Janeiro, and 5/. Vincent i of whofe Commerce
I (hould now treat ; but having already done it in the Section of the Trade of
Portugal (P. 697.) any further mention here would be fujjerfluous.
I might here alfo very properly add, an Account of the Trade which fome other
Northern Powers carry on in America j but having as yet given no Oefcription of
their European Commerce, I fhall join them both together, by reciting the general
Traffick of each particular Potentate, and begin firft with the Dutch.
Of the frade of Holland.
NOTHING gives a greater or more magnificent Idea of this Commerce, than
the flourifhing Condition it has always fupported the States in, notwithftand-
ing the many long and expenfive Wars it has for a Century part been fo frequently
engaged in. Three Things more cfpccially fupport this immenfe Trade ; the one
is the great Credit of the Bank at Amjierdam, whofe Treafure is fuppofed by fome
to be three thoufand Tons of Gold (of an hundred thoufand Guilders each) ) the
fecond Thing fo advantageous to the Trade of Holland, is the incredible Number
of Ships, continually going out and coming in ; ^.nd the third, is the Safety with
which this Trade is carried on, by the Government's Prote<Sion in Time of War,
or when any Cruizers or Pirates make it neceflary. And though this Commerce
is fo vaftly extenfive, it is kept up by a People, whofe Country contributes hardly
any Prodiidls towards it, as the Dutch have nothing more of their own than fome
Butter, Cheefe, Earthen Ware, and fome few other Trifles that they can fpare ;
very little Wheat growing in Holland, and no Wine at all ; the few Sheep here,
have a Wool coarfe and harfli j the Land produces very little Flax, or Hemp ; one
of its beft Qualities being its Propriety (in feveral Parts) for Fuel, fo that the
Inhabitants (for want of other) are reduced to the Neceflity of burning tb? Earth
that bears them ; but its fat Paftures nourifla great Herds of Cattle," producing
the prodigious Quantity of Milk, that fuffices for the daily Want of a People
peculiarly fond of a lafteal Diet, and for making.Abundance of Butter and Cheefe,
of which they eat more than any Nation in the World. Their Manufa(ftures
arc many, and very confiderable, though almoft all the Materials for them are
brought from abroad. I have already mentioned the Particulars of their Trade
with us, France, Spain, Portugal, and Italy, and blended it with that of the other
Europeans on the Coafts of Barbary, Africk, and Afa ; I fliall therefore only
add here, the State of it with their Septentrional Neighbours. The Trade car-
ried on neareft home, and the moft convenient for the Safety of the concerned,
is that which they maintain with a Part of Germany, by Means of the Rivers,
running through the Country, or on the Borders of it j fuch as the Rhine, and
Macfe, which bathe their States ; the Wefcr, Ems and Elbe, not very diftant from
the G?r/;wn Occiin. The Traffi'rk oix\it.Rhine, (and with it, that of the Mofelle
and Main, which encreafe the former's Waters in its Courfe) is very confider-
able. Cologne is properly the Centre of the Commerce carried on here, where the
Merchandize of Lorraine, and the Archbiflioprick of Treves are colleded j fuch
as Wood, Iron Bars, Cannons, and Bullets of the fame Metal. It is likewife
by the Rhine, that the Produdts of Mentz and Franconia (waflied by the River
Main) are conveyed to, and fold in the celebrated .^airs held twice a Year at
Francfort or Nuremberg : the Rhine alfo fcrves the Dutch in bringing them the
Flax, Threads and Linens from the Dutchies oijuliera and Berges.
The Mafe facilitates the Trade oi Holland with Leige on that River, as it does
that of Aix-la-ChapcUe, not very diftant ; and of which almoft all the Trade is
tranfafted in the firft of thefe two Cities. The Extradls from Leige are Serges,
Slates, Coal, Lead, Iron, Bullets, and Braziery mxs\t at Aix-la-Cbapelle, &c. The
IVefer, which has its Source in the Mountains oi-lunnge, waters one Part of the
Lower Germany, and after having pafTcd tlirough the Country of He/fe and Brunf-
ivick, falls into the Germanick Ocean. Bremen, feated fifteen Leagues from its
Moiitli in the Pcninfula that it forms with tht; Ems, is the Depofitc of all the
Merchandize of thofe Parts ; and it is in this City that the Dm'ch buy up the Car-
pentry Wood, Chccfc, Wools, leveral Metals, and Beer, tmt are brought here
from
0/ H O L L A N b, ^c.
from Lo-uier ISiixony, HeJJl; Brunfwick, &c. EmiJen, Capitd of Eajl Ft kJfanJ, at
the Mouth of the Ems, is the Staple of all the Commerce of that Part oi Ger-
many which traverfes this River. The City is governed by its Magiftrates, and
the Dutch, their Allies (or one may fay their Mafters, by the great Credit they
have there) draw hence all th j Merchandise of IVeJlphalia, and efpecially of the
Bidiopricks oiPaderborn inA.MmJler, which confifts principally inTimber, Cloths,
Wools and Linens ; it is alfo from thence that thole Hams come, fo generally
edeemcd in Europe ; Eaji Friejlmd alfo furnifties Holland with Cattle and Horns.
In fine, the Trade of the Elbe is one of the mod conftderable that the Dutch
tranfad in the Germanick Sea. This famous River has its Source in Bohemia, to-
wards the Frontiers of iVyg/Ka ; from thence traverfing many rich Provinces, and
amungfl them the States of Saxe, Brandenburgh, and Brunfwkk, palTes to Ham-
burgh (the City which for its Trade has merited the Appellation of the ^Imjleruam
of the North) from whence in about twenty Leagues it falls into the ea, Iwclled
by all the Rivers of Bohemia, Saxe, &c. tnat it has received during fo long a
Courfe.
The Dutch commonly tranfadt the Bufincfs of Lower Germany at Hamburgh,
though they often go up to Harbourgh and Magdebourgh for Wine and Wood, buy-
ing in thofe Parts even entire Forefts which they fell, and fill large Magazines
with this Cominoditv, to be in Readinefs when they want, or think proper to
vend or utter it. Tne Goods that the Dutch carry to Germany by the five Rivers
aforefaid, are Silk and Woollen Manufaftures, Mercery, Spice, Drugs, Dying
Woods, Sugar, Cheefe, Herrings, Copper ai)d Ribbons.
Anvers, Bruffels and Malines, furnifh th. Dutch with Thread and thofe Laces,
bearing this latter's Name ; Ghent and Bruges with Linen, Hemp and Bafons j
Brufjels and Oudenarde with Tapeftry ; and Lijle (Capital of French Flanders)
with Cambricks, Laces, and Baracans ; the Returns are made in Woollen and
Silk StufFs, Drugs, Spices, (3c.
The Traffick of the North and Baltick is one of the moft Important that the
Dutch carry on ; in other Branches of Trade, it feems as if they only worked for
the other Parts oi Europe ; but in this almoft all regards themfelves j and it is from
thence that they fetch the Grain which fupports mem, and the Things neceflary
to their Navigation ; without which neither the State, nor Particulars, could fub-
fift.
Although Sueden, Denmark, and fome other States, feated on the Baltick Sea,
are comprehended under the general Word North, yet Norway, Archangel, and
ibme of the moil Septentrional Provinces of Rujia and Denmark, merits more
particularly in this Title ; and it is with thefe that I ihall commence the general
Northern Trade.
Before the Year 1553, the Trade oi Mufcovy was carried on by the Way of
Narva and Revel, Cities of Livonia^ at the Bottom of the Baltick Sea ; but the Port
oi Archangel\\3i\in^ been difcovcred by the Englijk, as noted at Page 571. aU the
Trade of this vaft Empire was transferred thither, being much more convenient
than any of the others, efpecially on Account of the Paflage of the Sound, which
took away, or at leaft reftrained, the Freedom of the Trade of thofe two Places i
and there now fails annually from the Ports of Holland (particularly from Amjler-
damj near forty Ships for Archangel, fiom two to four hundred Tons, always
divided in two Squadrons ; the one only of five or fix Sail, which departs in June,
and returns in September ; and the other, of thirty or thirty-two Ships, whofe
Sailing is fixed in July, and its coming back in the End oiOSlober. Thefe two
Squadrons have always a Convoy, even in the midll of the profoundefl; Peace .:
and carry with them Silk and Woollen StufFs, Linens, Caflors (from Canada)
Paper, Mercery, Hard Ware ; Cannons, and other Arms, Powder, i^rimftone.
Copper, Lead, Pewter, Brandy, Wine, Oil, Vinegar, Sweetmeats, dried Fruit,
Salfrof^ Sugar, Spice, Pepper, Herrings, Incenfe, Copperas, White Lead, Judig > ;
Woods for dying the Ruffia Hides j Laces, Gold and Silver Wire, and of rhja
latter Metal in Specie.
The Trade to Norway employs yearly upwards of thcee Hundred Dutch VefTels
from four to five hundred Tons, the greatefl Part from the Villages oitrifei, or
tl)ofe in the Neighbourhood of Amfierdam. B^gben, the raoft conftderable Port
9 X in
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814 Of the General Trade cf tk' WORLD
in •he Kingdom of Norway, is where the Dufc/j drive their principal Trade tho'
they carry on fomc with Drontheim, Coppcrijich, and a few otner Places, in Spice,
Salt, S/ anijh Wine, Vinegar, Brandy, Chcclb, roU'd Tobacco, and foinc Clothes.
And as Timber for Ship Building is what the F/r/iiings moftly bring back, they
have made feveral Treaties from Time to Time with the Kings of J^tiimark con-
cerning Wood, ©"f.
The Commodities which the Dw/r^ load in the Bultick being bulky, obl'gcs them
to employ a large Numi or of Ships (a thouftnd to twelve hundred) yeariy in this
Trade, which they fend lefs than half loaden, tlio' they always return with an en-
tire Cargo J and as ttit Ballance of Trade is in their Disfavour, by the Produce of
the Goods fcnt being infuiHcient to pay for the Rcloadings, they are always obliged
to accompany thcfe Voyages with a Parcel of Rixdollars, to make the Deficiency
good. The Commodities proper for Sit-cdcn and Denmark, are Spice, Drugs, Por-
tugal and Spani/fj Salt (thole from France not being in fo much Efteem here) Su-
gar, Wine. Brandy, Linen, with Silk and Woollen Stuffs. For Pomerania, Cloth,
Wine, Cheefe, Salt, Tobacco, Spic, Iron, Lead, Pewter, and old Rixdollars.
For Dantz'tck, a Quantity of Silks of all Sorts and Falhions, a great many Clothes ;
Dying Woods, fcnipedor croundj Madder, large Parcels of Spice, Drugs; Italian
Cremor Tartari, Sugar, Oil, Paper ; diverfc Sorts of Wine, Brandy, and French
Salt (fit only for Prujfia.) In fine, they fend to Riga, Revel, Narva, and Pernau
{Cil'ies o( LivoniaJ Salt, Spice, Sugar, Tobacco, French Glafs, and above all, a
Quantity of old Rixdollars, with which they pay for Goods not only of this Pro-
vince belonging to Sweden, but alfo thofe that are tranfported here, from MuJ'covy,
Poland and Lithuania.
Their Whale Filhciy is very advantageous, occafioning a yearly Employ of near
two hundred and fifty Ships, with between four and five thoufand Men j but that of
the Herrings fo infinitely exceeds it, as almoft to furpafs the Degree 01 Comparifon,
above twenty thoufand Men, and three thoufand BufTcs, find an annual Occupation
and it is afTerted, that they take and fell more than 300,000 Tons, one
HI 1:
Year with another, which at two hundred Guilders per Ton (as a Dutch Author
computes them) amounts to fixty Millions, from which mufl be deduAcd near
twenty-three Millions, for the Charges of Outfct, Gfr . and there remains net
Profit 37,000,000 of Guilders, or about 3,400,000/. Sterling.
Altho' the Dutch have no great Settlements in the Weft-Indies, fince they were
obliged to quit the Conquefls they had made on the Portuguefe, they notwithfland-
ing carry on a very confiderable Trade here ; which is not a little augmented by
the contraband Commerce, for which their Colony at Curacao adminifters them
frequent Opportunities. Surinam, Aprowacq, Bcrbice, and Boron, feated in South
jimerica ; Bonnaire, Aruba, and Curacoa, among the Soto-vcnto, or Leeward
Iftands ; and Saba, St. Eujlacia, two of the fmalleft Antilles, are the only Colonics
the Dutch poflefs at prefent in the Weft-Indies.
The four Colonies of Terra Firma take their Name from four Rivers of the
Province of Guiana, along which they are eftablilhed. Sugar, which grows here in
Abundance, is the principal Objeft of their Trade, though they alfo cultivate
Indigo, Tobacco, Ginger, and Cotton. The Merchants of Amfterdam carry on
the greateft Part of this Trade, and have their Warehoufes here always well nllcJ
with all fuch Sorts of Goods as the Europeans ufually fend to America.
Of the Antilles where the Dutch are eflabliflicd, neither of them is very con
liderable ; St. Euftacia is the biggefl, and Saba the fmalleft ; thefe two are little
better than Rocks, tho' the few Inhabitants refiding here have found fufficient
Earth diflributed to raife a Support, and fome Tobacco for Exportation ; this is
a Commodity common to them all.
The Dutch have feveral trading Companies eftabliflied in Holland, fuch as the
Eaft and Weft-Indian, that of Surinam, the North, the Levant, the Baltick, and
the Nova Zembla and Greenland fifhing Companies, all of confiderable Advantage
both to the State and Particulars.
Tho' however rich the Trade of thefe are, or whatever elfe it tranfadtcd by
private Merchants with the other three Parts of the World, it is certain, that
That which their Eaft-India Company has carried on in all the Kingdoms of y^«,
for little more than a Century part, is of a much greater Confequence, and infi-
2 nltcly
Of the NORTH, Ijc.
nltcly furpafles it, both in Profit and Reputation. But as I have already given an
Account otit, in my Dcfcription oi AJta, I fliall hereclofe my Narrative of this
Kation's commercial Tranfadions.
Concerning tbi Trade of the North, and the Baltick Sea.
'X* H ERE is comprehended under this Name, not only what is enclofed within
*• the Compafs of this Sea, but alfo fome Cities featcd on the Rivers which fall
into the Gernanick Ocean that are near : And all that are more Northwardly, as
Norway ; Diinijh, S-wedif/j, or MuJ'covitiJh Lapland ; Archangel, Baronday, Siierfa,
Grocn/and, and Nova Zetnbla.
Hambioyjj, an Imperial and Hanfiatlck City, is the moft confiderable of all of
ihem fituated > i the German Ocean. Here is carried on, not only the whohi
Trade of the }Llbe ; but it is alfo by Means of its Merchants, that the greateft
Part of the Rcmiffes are made and Bills negociated j with all the Cities of the
North J an Advantage that it only (hares with Amjlerdam.
This famous Hanfiatick City is more than twenty Leagues from the Elbe's
Mouth, tho' Ships go up this River within two or {hrce Leagues of it, and ai*^
there obliged to lighten, being barred a nearer Approach by a Bank of Sand, with
a whole Cargo. The Goods proper for this Place, are fome French Salt, White
Wine, to the Amount of fix or feven thoufand Barrels yearly, and of Brandy about
four thoufand, a little Vinegar, Cloths, wrought Silks, Spice, Drugs, Mercery,
Prunes, and other dry Fruits, with a large Quantity of Paper. And the Goods
exported from thence are. Grain, Wood for Ship-building, Pipe Staves, Lattin
and white Iron Wire mads in Saxony, and all Sorts of Copper Pots and Kettles.
Here is alfo found the many various Species of Goods that the North and Baltick
produce, though not fo cheap, being at fecond Hand. It carries on a great Trade
with France and Spain in its own Snipping, though much more in foreign Bot-
toms, and its Engagements with Holland, &c. are already fpoke to. I have
alfo defcribed its Bank, and fliould now fay fomething about its Coin, that
has occafioned fuch Embroils between this State and the Crown of Denmark j but
a nice Deduction of the Motives to, and Particulars of thefe Difputcs, would be
too prolix for the Space I have left, and a curtailed Account muft be unfatif-
faftoryj I (hall therefore excufe adding any Thing on the Subjeft.
Bremen on the fFefer is in good Repute for its Trade, tho' much inferior to Ham-
burgh. Large loaden Veflels can only go within four Leagues of the City, and
fmaller ones to the Diftance of a League and a Half. The Imports are much the
fame here as the laft mentioned Place, except French Salt, of which none is con-
fumed. The Wood extrafted from hence is th-^beft in the North, but it is like-
wife the deareft ; and here is alfo exported Wheat, Wool, fome Metals and Brunf-
li'ick Mum, of which that oi Bremen is nothing inferior.
Denmark, Sweden, Mufcovy, Poland, Courland, and fome Provinces of Lower
Germany, environ on all Sides this Part of the Ocean that forms a Sort of great
Gnlph, named the Baltick Sea, which can only be entered by two Paflfages, the
one called tiie Belt, difficult and dangerous, and the other the Sound, of which the
King Denmark is Mafter, by pofleffing the Fortrcfs of Kronemburgh, near Elfeneuf.
This Sea has a large Number of excellent Ports or Cities at but a little Diftance,
where a great Commerce is carried on j the principal of which are Lubeck, Copen-
hagen, Elfeneur, Stockholm, Rofiock, Stralfund, Stetin, Colberg, Dantzick, Ewing,
Konigjbcrg, Riga, Revel, Pernau, Narva, and Vifiourg, from which Places and
Sea more Goods are in general exported than imported, excepting af Dantzick,
where the Confumption is very great j this famous City being as a Magazine of
all Ncceflaries to Poland.
Lubeck, an imperial City, and at theF/ead of the Hans Towns, featcd in Lower
Saxony, on the River Traves, which at ten Leagues from thence falls into the Bal-
tick Sea, has a better Trade than Bremen, but a great deal worfethan Hamburgh.
Here may fell yearly two thoufand Lafts of French Salt, which the Natives relinc,
four thoufand Barrels, or a thoufand Tun of Wine, as many hundred Barrels of
Bi-andy, and one hundred and Hfty Vinegar ; Paper alfo finds a good Sale here ; and
the
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8i6 Of the General Trade 0/ //jt- WORLD.
the Frtncb betides fend Sugar, Mercery and fomc Silks j tht EngUp and Dutch,
bring their Cloths, Dying Drugs and Pepper, to which thefc latter add Nutmegs,
Mace and Cinnamon. The Goods exported are Hemp, Klax, Rujia Hides, from
Mufcovy, Iron wrought and unwrought, particularly Snips Anchors, Wood, Grain
and Wools. Loaden Merchant Ships can only go to Travemunde, a finall Village,
three Leagues diAant from the City, where they are obliged to lighten to the Draft
of eight Feet Water, in which Condition they may fwim up quite to Lubeck.
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'T^WE Port oi Copenhagen, Capital cf the Kingdom, is not only the fincft in the
■*■ Ba/tici, but one of the mcit convcm:nt and fafe in all Europe ; it is alfo here
that the chief Trade of Denrrark is tranfoifled, the' fomc Bufincfs is likewife done
ztBlfinure, but neither at the one nor the other any thing in comparifon with the
Negoci ens of *M reii of this Sea. 7 he Goods that fell bed in Denmark, arc
Spanijh ■:. Pr • •, ., Salt, (except their Confumption has been afFedted by the Mine
difcovcr •■ i. :'^L/v ir. r; ^o) French Wines and Brandies, Paper, Gold and Silver
Stuffs, Si'j-K, fL«ri':'! tntl Dutch Woollens, Spice, Medicinal Drugs and Pepper,
Tallow, h\ :. iu Stnckfifli, Wheat, from the little Ifle of Zecland, and Rye
from Zelandt', are alii M tht Merchandises ihippcd from hence, the Extradion
of Carpenters Wood being :xcepted. The Dutch alfo tranfport from the Country
of Jutland, a Quantity of lean horned Cattle yearly, which they fatten in their
Pauurcs, and reap therefrom a confiderable Advantage.
After Copenhagen, the moft trading Cities of Denmark arc, UJied, Chrijlianfadt,
Carelfcrotn, Sakiourgb, Careljhaven, and particularly Eljinere, or ElJ'eneur, from
which the Extracts are, fome fmall Mafts, Deal Boards, Tar, Tallow, Beeves and
Goat Skins. The major Part of which Trade, and indeed that tranfaded with all
the Places in this Kingdom, except the Capital, is by way of Barter, or the Inter-
vention of Rix-doUars, brought here by the Dealers for tnat Purpofe.
The other Ifles next to Zetland, or Stakn, in which Copenhagen Aands, are Fuh-
nen, Laland, Langeland, Faljler, Mune Samfoe, Arroe, oornhobn, and Amack ; of
which the firft is nothing inferior to the principal Ifland, either in Extent or
Goodnefs : It abounds in Wheat, Hogs, Lakes and Wood, tho' it produces no-
thing for Tranfportation but Horfes, the Fruits being all confumed at home.
Laland yields abundance of all Sorts of Corn, efpecially Wheat, from whence
the Metropolis and other Parts of the Kingdom are fupplied, bcHdes which the
"Dutch export a good Deal yearly.
7?alfier, Langeland sluA Mune, are numbered among the fertile Iflands, and the two
firil yield iome Grain for an annual Tranfportation. ^rro/" and ^/^^a abound in
Anileeds, which the Natives ordinarily ufe to Seafon their Viduals, and even mix it
with their Bread. Bornholm, Samfoe, and the other IHes breed Cattle, and produce a
SufHciency of Corn for the Inhabitants, but that of Amack deferves to be examined
apart. This little Ul^nd is very qear to Copenhagen, from whence it is feparated only
by a fmall Arm of the Sea, which is paited by a Drawbridge, and this Spot is the
moft fruitful of any other Territory in Denmark : It was many Years ago given to
fbme Hollanders, tranfported here to manage the Dairy, in making Butter and
Cheefefor the Court} they hadsreAt Privileges granted them, of which they en-
joy fome to this Day, but others nave been curtailed, and it is to be feared that by
little and Uttlc they will come to be placed on the Footing of other Subjeftsj the In-
duftry and Diligence of the Inhabitants of this Ifle, have made it, as one may fay,
the Kitchen Garden of Copenhagen, and nothing in the whole Kingdom is to be
found of the Sort that exceeds what this produces and has growing here.
Jutland makes the greateft Part of Denmark; it is a fertile Country, abounding
more efpecially in Cattle, but d?fc(ftive in good Ports on the Side of the Ocean ;
nevcrthcleis this docs not hinder the Dutch from making an annual Extraction of
a large Q^ntity of meagre Cattle as has been before jnentioned. The Horfes and
Hogs are excellent and very numerous, and the Corn fiifHcient for the Inhabitants.
The Land is mofl fruitful near the Sea Coafts ; and in a Word is the befl that the
^ng of Denmark has.
,;:"■■ 3 The
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Of the SOUND, ^c.
The Diicliy of Sleefwick, or South Jutland, is in general a very good Cotmtry \
the Convenicncy of its Situation between two Seas, the Ocean and the Baltick, gives
it great Advantages for Trade, altho' the Convcnicncies for Tranfportation arc not
manv. It furniflies its Neigiibours with Wheat, Cattle, Horil-s, and Fuel Wood,
befidcs what it retains for the Natives Ufc.
ItoljUin is very abundant and very agreeable, it is perfeiflly well leated fbr Trade,
like the preceding, between two Seas, and has befides the Advantage to be near
the Elbe and Hamburg, wliich being a free City and confequcntly rich, is of no
finall Advantage to the Territories which the King and Duke of Ho/Jiein have ill
its Neighbourhood.
Stormar and Ditbmar, or Ditmarjh, arc two Dillrids ncareft the Elbe ; this
Country is for the moil Part low and rich, of a fat Soil like many Places in Hol-
land, and flmilar to thofe alfo in its Fertility and Embellifhments } thefe Countries
likewifc arc benefited by the Neighbourhood of Hariburgh and the River they lie
near.
The Country of Oldenbourgb abounds in Cattle, and raifes a great Number of
Coach Horles, very much (ought after for their Colour, which is yellowifti, though
otherwifc their Qualities arc not extraordinary.
In general though Denmark be of a great Extent, it notwithftanding yields but
in fmall Quantities the Neccffarics of Life, few Produdts for the Merchants, and
till lately no Manufadures at all ; but to remedy this long continued Negledt, and
ftir up the People to an Imitation of their induftrious Neighbours, by an Ordi-
nance of the King's, of the 28th Nov. 1727, all Merchants wcr '•ohibited to
fend to Iceland any other Cloths than thofe made at Copenhagen '1 j is alfo
ertabli(hed fomc Fabricks of Linens at Zivelck Blanck, and / v/'/ti, ich arc
furiicient to fupply all the Provinces of the Kingdom, infomuch at tii lamber
of Finances and Trade, forbid by the King's Order in Sept.'W'ef 7^8, the En-
trance of foreign Linens. In a Council held February xj'^j. 1- v > rcfolved to
raile a Tax or Impoft on all the Cities both of Denmark and Nor\ /, md to em-
ploy the Produce in cftablifliing a Fiflicry in Greenland,
The thirteenth of Jan«dry, 1727, his Majefty intcrdifi \'^ " itry of any fo-
reign Goods into the Kingdom by th*; Way of Bremen and i^ubc.k ; and for a rtill
greater Encouragement toTride, the King in February 1730, publiihed an Ordi-
nance to lower the Duties on Entry of the Goods, that the Merchants his Sub-
jcfts fhould introduce direftly from foreign Countries, which however ihould not
take Place on thofe brought into the Kingdom by Strangers.
In Auguji the fame Year, an Edidl was proclaimed, by which that Monarch
enjoined all his trading Subjefts, not to fend any Ships to J jrtugal or Spain, with
aids Force than eighteen Guns, and a proportionable Crew, to defend themfelves
againlt the Barhary Corfairs, in cafe of Need. And in January 1631, Chrijiian VI,
fupprefled the Farm on the Cuftoms on Wine, Brandy, Salt and Tobacco, permit-
ing both the Danes and Norwegians to trade in them.
Concerning the Sound.
''T^HE Paffage, or Streights called the Sundt, or Sound, fo famous in all the
*■ Northern Countries, is between the lile of Sialand, and the Terra Firma
ot" Scania. On the Swede's Side is the City of Heljingburgh, with a ruined Caftle,
between which and Eljinore all the Ships who trade to the Baltick, pafs and re-
pafs, fo that it may juftly be faid, that after the Streights of Gibraltar, this is
the mod important and frequented one in Europe. The Lofs of the Province
of Schoncn, (which, with the three adjoining, were given to the Swedes by Treaty
in i6^S) was very confiderablc to the Danes, in Regard to this celebrated Paflage,
as tht-y were Mailers of the one, whilll they continued Poffeffors of the other ;
it is t>ue, that by Treaties, the Right they had is cxprefly refervcd to them,
and in Virtue thereof, they make all Ships pay the Impoft at paffing, except-
ing the Swedes, who were excufcd till 1720, when thtTvtntyoi Stockholm, figned
the 1 4th of July, between the Kings of Denmark and Sweden, reunited and
confirmed the Sovereignty of the Toll, to the firft of thefe Crowns for ever )
to which the Swede Ships have always iincc fubmitted like thofe of other Nations,
9 Y yet
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yet they cannot judge their Right to be as firm and fccurc, m if thuy were
Mailers of both Coasts as formerly, for they may have the Title ai formerly,
but not the I'ower to fup|X}rt their Claim, in call" of any Difagrccment with the
Swede, which whilll they pofl'clit-d the other Shore, was uncontroulablc. The
Cuftoms have been various, according as Times, and the Interells of Princes have
fuited, and the levying them have given Birth to many DiCputcs, too long *o be
recited here j however I <hall juft mention the fiippofed Origin of this Toll,
which it is aflertcd, took Rife from a general Conli-nt of Merchants tradinj^ to
the Baltick, readily to contribute a fmall Sum for the Raifmg and Support of fome
Lights on the Coafl, to fcrve in dark and tcmpcfluous Nights, as Guides to
the difconfolate Sailors : By this Means the Paflage of the Sound foon became
frequented, to the entire Ncgledl and Difule of the Great Belt. But as many dif-
putcd the Payment of the aforefaid trifling Contribution ; and nothing had been
regulated to decide the Difference that ought to be made in the various Sizes
and Burthens of the Ships fubjcft to its Payments j the Dunes began in Succef-
fion of Time to conflitute thcmfelves Matters of the Affair, and to exadt more or
lefs, according to the Force or Weakncfs of thofc with whom they had to deal,
or proportionably to their Situation with the Princes or States to which the
Ships belonged ; which induced the Emperor Charles V, to fix the Toll for his
Subjc^its of the feventcen Provinces, by a Treaty concluded with the King of Dt'«-
mark, and figned at Spire on the Rhine, at two Nobles, a Gold Coin valued at lix
Sh'llings and eight Pence Eng/ijh, for each Ship of two hundred Tun, or under,
on entring or coming out of the Sound, and lor all Ships above two hundred
Tun, three. This Treaty remained in Force, till the Dutc/j fliook. off the Spa-
nijh Yoke j but as their Contentions witli that Crown, expofed them to the Im-
pofitionsof theZ)<;«<r/, thefe laft taking advantage of the Conjundlurc, raifcd this
Tax to an exceifive Height, which Abufe the Dutch had not Lcifure to think
of redrefiing, at a Juncture when their Wars and 'I'roubles engaged their whole
Attention j however, in the Year i6co, they combined with the LtfM/icrx, jointly
to oppofe fo exorbitant a Duty, as was equally laid on their Subjects ; from which
Time the Dutch paid more or lefs, according to their good or bad Fortune j but
in general they paid but little. Denmark and the Vnite^ Provinces (as Sove-
reigns) made the firfl Treaty about this Toll, as Mr. Sa.ujry fays, in 1647, by
which they fubmitted to pay a certain Sum for each ^'effcl pafling the Sound;
and as this Treaty was only for forty Years, it conf.qucntly expired in 1687,
when a provifional one was concluded according to the faid Author, for four
Years longer, in the Expectation of adjufting at Leifurc, a more durable and
folemn Agreement ; of the many Difputcs lub''ifling between the contradling
Powers about this and feveral other Affairs. Mr. ^ean Pierre Ricard, in his
Book entitled, Le Negoce d' Amjlerdam, printed in 1722, fays, (/>. 435) that the
abovementioned firft Treaty, was concluded on the thirteenth of yfwfj^ '645,
and renewed for twenty Years the fifteenth of yune 1701, with a Regulation
what Ships, and all Sorts of Goods belonging to that Nation, are to pay 5o«m/
Duty. La Martiniere is alfb agreed in the Year, and adds, that it was likewifc
adjuiled by this Treaty, that ihi; Subjedts of the United Provinces fliould pay Toll
at the Rate of Four ptr Cert, on all Merchandizes, which with the Complaifance
of our King Raines \. in Favour of the Danes, to the Prejudice of his own Sub-
jedts, out of Regard to the Princefs of Denmark whom he had married, con-
firmed that King's ufurped Title, to what was othenvife precarious j and as Time
and Treaties have now rendered it a Sort of Due, I fhall coiifidcr it in this Light,
and give an Account of it, on the Footing it is at prefent.
The Englijh Treaties with the Crown of Denmark, are founded on thofe the
Dutch have made witli it ; the firft in 1667, but this fpeaks nothing of the Sound,
fo the fubfequent one in 1670, is that wherein the Conccflion of the PafTage
Duty is made ; it contains forty-two Articles, exprefTing, that a perfedl Pence and
Friendfliip fhall commence and beeftablifhed between the two Crowns j of which
neither fliall confent to any thing prejudicial to the other. That they (hall not
alUft each others Enemies if Aggreflbrs, but England to alTiit Denmark if in-
vaded. Each Party to be comprehended in any Treaty made with others, and
a Freedom of Trade to be carried on between the two Kingdoms j Englijh not to
come
Of the SOUND, ^c,
come to prohibited I'orts wltliout Licence, or Streli of Weathdr, nor the Danii to
any of the Hrilijh Colonies. D,ines may import all Things of their own Growth of
Manufadurc, and Inch as come from any Part of the River ii/^^ inio England,
Siot/,inJ, And Ire/anJ i and the Englijh have the fame Liberty for introdiicins; all
the Hnxliids of his Britunnick Majelly's Ur nions into any Fart of Denmark or
Norway, except Port* prohibited j though it. cafe any Strangers have hereafter
I-iberty to biiiij; :dl Sorts of Goods into prohibited Ports, both I'arties refpedively
(hall have the fame Privilege. Neither to pay any greater Duties than other
Strangers, excepting the S-wi-Jes in Denmark. Both Nations have Leave to bring
all Goods into their proper Storchoufes rcfpedlivcly, and neither Party obliged to
come into any Port, where he is not bound, nor (being forced in) obliged to un-
lade or fell any Part of his (Joods. Tho" prohibited Timber be laden on an Eng'
lijh Ship, fhc (liall not be fearched after 'tis aboard, nor (hall the Ship or any Bri-
tijh Siibic(;t be arrcrtcd or moleded for it, Gff. Englijh Ships paiTmg the Sound to
have the 13cne(it of deferring Payment of the Cudom till their Return, on bring-
ing with them Certificates under the Seal of the proper Officers, tcftifying that
the Ships belong to Briiijh Subjedls, and likewifc that before their Pa(rage they
give Security to pay it at their Return, and if they (hall not return, in three
MonthB at (arthcll. C^oods landed at El/inorc, with an Intention to tranfport
them cll'ewhere, (hall pay no Duties but what the Dutch or any other Strangers
pay. BritiJJj Ships and Subjects to be difp:\tched immediately on their Arrival at
Eljinore, without a Preference to any otlier Nation, except the Inhabitants of
certain Places, who have anciently held a Privilege to that I'urpofc and ftill do. The
Subjedls of either Prince d) ing in the others Dominions, fliall have his Eftate pre-
ferved for the Vti^: of the right Heir, Off. The Subjedts of either of the Confede-
rates may trade with Enemies of the other, unlcfs in beficged Places, or with
contraband Goods. A Merchant may freely rcfidc where he trades, and Duties only
to be paid according to printed TarifFes. Englip Ships trading to Norway (liall be
re-mcafured, that lluis Commerce may be better regulated than hitherto. That the
Freedom of Navigation during the War, which either Party may have with any
other may be obferved, Pa(rports and Certificates (hall be given to the Allies Ships,
and the Ships bearing fuch Certificate (hall not be fearched on producing it. Englijh
Ships pafling by Gluckjlad, and other Places fubjedt to the King oi Denmark on the
Eloe, (hall be free from all Cuftoms and Search. Any Injury done to cither Party's
Subjedls in the other's Territories, (hall be puni(hed according to the Laws of the
Country. No Ships, or Goods laden on Ships, belonging to either Party, (hall be
adjudged Prize, but by due Form of Law. Jufticc to be adminiftered according ta
the Laws of each Country rcfpedtively. In cafe of Shipwreck, the Goods, &c.
fhall be prcferved for the Owners. Ships, Commanders of Ships, Goods, fisfc. not
to be arreiled or fcifed, but for the Defence of the Kingdom, and in Cafes of
Debt. Merchants, Mariners, (Sc. to have the Liberty of wearing, or carrying Arms.
Ships (leering the (aine Courfe, (hall have the Bene(it of each other's Convoys. Pi-
rates (liall not be protedled by either Party. The Subjedls of either Party (hall have
free Accefs at all Times to each other's Ports, but Men of War not to exceed fix in
Number, except forced in, and then to give Notice to the Magiftrate. Neither
Subjedls (hall take Letters of Mart from any Prince or State in War with the other.
Ships taken in Port by a third Party (hall be rcftored ; and Seamen taken on board
any Prize, that are the Subjedls of either Crown, (hall be fet free. If a Ship laden
with prohibited Goods is taken, no Bulk (hall be broken till an Inventory be made
in the Admiralty. No Men of War to injure the Subjedls of the other Prince;
and in cafe they do, they (hall be liable to make Satisfadlion, as it (hall be ad-
judged on Trial in the Courts of Admiralty, or by Commiflloners appointed by
the contradting Kings refpedlively. Sentence concerning Prizes (hall be given ac-
cording to Ju(tice, and upon Complaint of any Sentence, the Caufe (hall be re-
heard. No Goods fliall be fold before Sentence but by mutual Confcnt, ami to
prevent peri(hing. Confuls to be appointed ; no private Injury to break this Treaty,
nor Reprifals to be granted, but upon Denial or Delay of Juftice. The Englijf} to
enjoy all Privileges enjoyed by any Strangers in Denmark, the Swedes only excepted.
Former Treaties, not contrary to this, confirmed, and the Ratifications to be ex-
^tg
changed within three Months.
The
m
M
8io Of the General Trade of the WORLD.
The aforemcntiuncd Treaty, made Itctwcen the Duntt and the Dutch, under
the ijtli of "fuHt, 1701, tor twenty Years 1 and another between Denmark %nA
f'/v/ffic dateii M Cofifilagfn, the a ^d uf yiugaji, 1742. for fifteen Yean, being
much tlic fame in bublhmcc as the pretcdinu witli uit, I omit giving the Particu-
lars of them, for fear of incurring tlie Ccniurc of ProHxity i but Hull proceed to
coininunitatc the Kulet tor itriiiing to the CalUe at Cronrniurg near Hljinort,
I
I.
Ships fiom the North, as foon they get the highcA Church Spire {N. B. It is
blown down, and the Steeple covered with Boards) and the northernmoA Steeple
ill trom-nhuigb to bear in oncS. W. and by W. muft lower their Top-Gallant or
'f'oplhils, and continue (" until they arc pa(l the Cadle, and have the two northern-
mofl Steeples uf Cionenburgb to bear in one W. and by N. and then may again
hoid them.
n.
Ships from the South muft iiavt lowered before they get the two North Steeples
of Crontnburg W. and by N. and continue fo until the Church Spire and North
Steeple of the Caftle bear in oiic S. W. ami by W. They who neglcA in thcfc
two Articles may be fired at from the Gallic.
n
'#1
111.
Such Ships as carry flanding or flying Top-Gallant SatU, fliall lower them down
to the Cap, and if they have but one Top-Gallant Sail, muft at the fame Time
lower their Fore-top Sail half Mall down ; if no Top-Gallant Sails, then both Top-
S Ills half Mart down. All Vcflels who have no Caps, muft lower tlwir Top-Sails
entirely down. Ships who have only low Sails arc exempted from lov/ering.
IV.
Ships turning to Windward, with a Scant or little Wind, and the Current
fo flrong againii them that it would force them aftcrn in cafe they lower, then
it is not required, but on a Flag being hoiftcd from the Caftle, .'ire excufcd, and
may do their bell.
V.
In cafe a Ship is fired at from the Caftle, and the Maftcr and People will make
Oatli that lie lowered as in the firft and fecond Article, or could not do it to
Erevcnt driving aftern by Wind or Current, he is free from paying the Shot;
ut if his People rcfufe to take fuch Oath, he muft pay. If the Maftcr fails
without paying the Pcrfon who clears him at the Cultom-Houfe, he muft pay
tlie Money when it is proved who the Maftcr was : Charge one Guinea; to the
Boat one Shilling.
The 9th of April, 1687, the King iffucd a Placard, ordering the following Fees
to be taken at the Sound.
To the Dircdor of the Cuftoms
To the four Chamberlains
To the Seal Preffcr, for ftampcd Paper, and his Trouble
To the Toll Infpedor for himfelf and three Boatmen
By another Placard oi June 15, 1701.
To the Dirciftor of the Cuftoms
To the four Chamberlains
To the Seal Prelfer, for ftampt Paper, and his Trouble
The Tranflatur extorts eight Stivers for each Cockct.
i
Rixdollars.
I
T
I
Rixdollars.
T
I
(
Such
[ii^i.i
}utc6, under
V^nmarA and
BTciri, being
I the Partiiu-
l| proceed to
i
{^. B. h h
Imoft Steeple
Ip-Gallant or
vo nurthcrn-
inay again
>rth Steeples
cand North
left in thefc
them down
B fame Time
■n both Top-
ic Top-Sails
v/cring.
I the Current
lower, then
ixcufcd, and
'c will make
not do it to
; the Shot,
Mafter fails
lie muft pay
neaj to the
owing Fees
dollars.
lollars.
6/ ti^ SOUND, ®>r.
Such of the above Fees as are now taken, fume of the CommUllonfri charge iii
Crown Money, which is apprehended to be an Abufet as they ought only to b«
fcharsed in current Money.
Tne followins air (he SouhJ Duties on fuch Goods as are commonly carried
from, or brought to EngldtiJ, which I thought would be fufficiently fatiifadlorv
to my Reader, without fwcljing the Account, by an Amplification of What all
other Nations pay on the Commodities that compofe their Tirade.
I
Such
Ale or Beer, the 8 Hogflicadi, at 4^
Alegar
Alum, the Schippont
Almonds, the 1 00 lb.
Apptes, the Laft of 1 2 Barrets
Apothecary's Drugs, the Licfpond, valued at 36 Rixdolltn
Annileeds, the 100 lb.
Antimony, the Schippont
Anchor and Locks, the Schocks of 60
Argol, the Schippont
Arfenic, ditto
Afhes, Weed, the Laft of 1 2 Barrels, or 1 2 Schip.
Pot, ditto ditto
Auri Pigmentum, the 100 lb.
Bacon, the Schippont
JBalkf, great, otbak, the Piece
Fir, 4 ditto ,
Small ditto, 20 ditto
Bays, the fingle Piece
Double
Beef, falted, the Laft of 1 2 Barrels
Books, printed, the 100 lb. valued at 36 RixdoUan
Brafi, or Brafs Wire, the Schippond
Wrouffht, the 100 lb. valued 3136 Rixdollar*
Brimllone, the Laft of 1 2 Schip.
Brandy, French or Spanijh, the Hoglhead
Corn, the Barrel
Rhenilh, the Auln
Btiy Berries, the 200 lb.
Biteuit or Bread of Wheat, the 4 Barrels , . ■ "
Rye
Butter, the Barrel *
Brazil Wood, the 500 lb.
Brifttes, the Schippt. valued at 36 Rixdollars
Cables, Cordage, or Cable Yarn, the Schippt.
Calicoes, the 8 Pieces
Capers, the Pipe, or two Hog(heads
Cards, for playing, or for Wool, the 10 Dozen
Copper, the Schippont
Wrought, the 100 lb. valued at 32 Rixdollars
Cheefe, the Schippont
Cork, he 30 Bundles
Copperas, Calamin, or Cremor Tartar! the Schip.
Cotton Wool, the 100 lb.
Cardamom^, Cinnamon, Cloves, or Cochineal, the 100 lb.
Corn, Barky, the Laft of 20 Barrels
Beans, Peafe, Oats, or Buck- Wheat, the Laft of I a Barrels
Malt, tne Laft of 20 ditto
Rye, ditto 20
Wheat, ditto 20
Coriander and Currans, ihe 200
9Z
Rlx. Sti.
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Cafqucs,
f^ 0/ the X^ENBKAL Trade of /^ WORLD.
i
p^\y^
Cafques, tlie ^b rt6ceS
aoth.ofSilk, thcPicW
Fine, or (hort Cloths, or double Dozens, the two Pieces
Coarfe, or long Cloths, or Dozens, the 4 Pieces
Canvas, or Cambricl^ the 4 Pieces
Camblet, the 4 Pieces
Camel's Hair, the 251b.
Calamancoes, the 8 Pieces
Campeachy Wood, the 500 lb.
Carraway Seeds, the 1 00 lb.
Canary Seed, the Cafk
Chefnuts, the 36 Sacks
Cyder, the Hogfhead
Cavear, the Schippont, valued at iSRixdoUarl
Coffee, the 100 lb.
Clockwork, the 100 lb. valued at 36 Rixdollars
Crooked Wood, or Timber, 25 Pieces
Deali, of Oak or Fir, above 20 Feet the Schock
Carljhamn Deals under 20 F^et
Common, 1 to 14 Foot the 1 000
Diaper, or Drilling, the 20 Pieces
pates, the 100 lb.
Damafk, of Silk, the Piece
Linen, 4 Pieces
Woollen, 8 Pieces
Druggets, 2 Pieces
Down, the Schippont
Eels, the Laft, of 1 2 Barrels , -
Elepfiants Teeth, the Piece ,. 1 .,■ , ; ,. ,
Fifli, Cod, the Laft, of 1 2 Barrels ] '^'^ ' ' ^','j
Stock, the Laft, 12 Schippont or 1006 Flifli
Salmon, the Barrel ^•
^, Salted Herrings, ditto ,"h., H m
Red ditto, the Laft of 20 Straaes, bir 20:bo6
i^eathers, coarfe, the Schippont
Flannels, 8 Pieces of 25 Ells each
Flax dreft, the Schippont
undreft, as fine clean Narva, Marlenburgb, Heih'tt, "EJlauJht Podoltckt
Rakitzkir, and Pater-nojler, the 4 Schippont
coarfe, half clean, Far ken, Rajfen, Couriana, Pru^, KaJfttSt Mmtlf»
Marienburgb, the 6 Schippont
't'ow, the 5 Schippont
pigs, the 1 8 Balkets, 800 lb.
"Bernambuck Wood, 1 000 lb.
Flounders dry, the 20,000
Friezje, the Piece
Flour of Wheat, 200 lb.
Barley, or Rye, the Laft of 12 Barrels
Gauls, or Gum, the 200 lb.
^ '7a, 12
cijals for Windows, Englijh, French, Lubeck and Dantzici, the 8 Chefts
Venice, Drinking ditto, the Cheft
Bottles, the Ton, 4 Hhds. and 30 Schocks
2 Pipes
Quart Bottles, 100 Doz. 50 Rixdollars
Grains of Guinea, 50 lb.
Ginger 100
Green 50
Rix.Sti.
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<Jun Powder, 100 lb.
'.©lofts, RuJJia, otCourland, 250 Pair
Leather, i Doz. value 2 Rixdollart
«at», Felt, theCafk
Beaver, the Doz. value 48 RixdoDfu*
Caftor 24
'HoiKy, the-Hogfhcad
Hops, the Schippont
'Horifes, the Pair ^ .^. _^,.
^aih; Camels or Coneys, the coib.,''^'! -/i!, i
•>Heriib, the Schippont . ,'''•"';
''^' Tow, 10 ditto "'■'■'•'•''• -^ «'
'•Haberdafliery Ware, 100 lb. value at 36 Rixdollaw
t-Midk^, Elks, Harts, Bucks, or Rtiffia, the Decker
■^^ ^ Salted ditto
~l -^ Dry, the 5 ditto
<^l '■ Ruflla, the Schippont
■^'Kariflfpokes, the 500
ircn^ Wire, or Pans, the 100 lb. . .1
' Stoves, Plates, or Pots, the Schipp6rtt
Bars, Bats, Bolts, Hoops, Anchors and Guns, the Sduppoilt
Wrought, loolb. valued at 24Rixdollar8
Old, the Schippont '(.rn ;,.!■' •
Oftermunds, the Schippont ." •' ^ ;!i
go, the loolb. . ; .
lafs, the 1 00 lb.
iunroer Berries, 200 lb.
Lernes, the 8 Pieces
'Lact, Silk or Ferret, the 4 lb.
^' ^ Thead, Wool, Cotton, Hair, the 10 lb.
'^ Gold and Silver, the Pound
■'LeiAbns, the 12 Chefts, or 3600
Pickled, the Pipe, or 2 Hogflieada
'"'Linfeed, the Laft, of 24 Barrels
LigrtUmVitE, the 100 lb.
•LeaAer, Ru^Of, or Scotci, Ac Decker
iSpahyn, Cordovan, *turkey 2LndBv^^tto *
Sems, tho 10 Decker
Bafanes, ditto
Tann'd, or Sole, 100 lb.
Alum'd, or White, 500 Pieces
tAniti, Callicoes, the 16 Pieces
Flax, 20 ditto
Holland, Silefia, and Wejlphalia, the 4 Pieces
Tow Linen, Crocus, Dantzick Tow, ditto Uic 40 Pieces
Hemp, black Tow 80 Pieces
Canvas, 8 ditto
Damaflcs, 1 2 ditto
Drilling, 20 Pieces, or 500 Arftiins
From Peterjhurg, all Sorts, 40 Pieces or 200® Arfliins
Lead, the Fodder, Ton, or 6 Schippont
C the 1 00 lb.
Reo, or White, the 100 lb.
Logtvood, the 800 lb.
M^ 1 5 Palms, and upwards, the Pieces
'^ ' Small
For Boats, the Schock , ,<;
MuihrdSeed, the Laftof 12 Barreli , ' .
Mac^, 50 lb.
^0
Rix. StI.
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824 ^f *^' General Trade of the WORLD.
wm^
-'■■■A ,
•Mi^ t
tAuti% from Peterjburg \ht looo
Mohair, 501b.
Nutmegs, 50 lb.
Nuts, theLaft of 12 Barrels, or 36 Sacks
Nails, Holland's and Lubeck's, the Centner
; Tree Nails, for Ships, the 40,000
Oitrs^ great, the Schock
Small ditto
Oil, Olive of Seville, or Portugal, the Pipe
Rape, Lin, Hemp, the Laft of 8 Aulns
Train, the Laft of 8 Hogiheads, or i z Barrels
Olibaoum, the 100 lb.
Oranges, laChefts, or 3606 '•5'^'"'^'''"'
Olivea, the Pipe, or two Hogftieads
Paper, 8 Bales, or 80 Reams
Pins, 50 Dozens '" "^
Pitchj great Band, the Laft of 1 2 Barrels
Small
Plates of Tin, the 4 Cafks, or Schippont
Prunes, the 400 lb.
Prunelloes, the loolb.
Pepper, the 100 lb.
Pewter, the Schippont
Pladding, the 1000 Ells, or 4oPsecc8
Qyickfifver, the 50 lb.
Ralhee, the 1 2 Pieces
Rape Seed, the Laft of 24 Barrels
Ribbons of Silk, or Ferret, the 41b.
Gold and Silver, 2 lb.
Rice, the2oolb. ' " ■*
Rozio, the Schippont
Raifins, the 400 lb. or 36 Balkcts
Rhubarb, the 25 lb.
Rickers, the Schippont
Saffron, the 2 lb.
Salt, Spanilb, French, and Scotch, the Laft, of 18 Barrels, or 8 Buihels
Lyneiurg, the Laft, or 1 2 Barrels
Saltpetre, the Schippont
Shumack, 400 lb.
Spars, great, the 25 Pieces
Small, the 1000
Says, double, the 2 Pieces
Single, or Englijh, 4 Pieces
Sail Cloth, 8 ditto
Sattin, 2 ditto
Serge, 1 2 ditto
Soap, white, the 100 lb.
Green, the Laft of 12 Barrels
Shag, with Thread, 2 Pieces
Starch, the 300 lb.
Steel, the 100 lb.
Silk, fcwing, Ferret, wrought Lace, 41b.
Raw, the too lb.
Stuffs, 4 Pieces
with Gold and Silver, i ditto
Skins, Beaver, the 5 Decker
^ Otter, I ditto
Kujfia, dry. Wolf, and Fox, 5 Deckers - ••
Goat, 20 ditto
Rix. Sti.
o 15
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Skii]$,
- Of the S O U N Di ^c.
Skins, '^Calfr lo ditto
Cat and Sheep, 500 Pieces
Black Rabbets or Lamb, 1000 ditto
Grey Rabbets, or Kid, 2000
Martens, 40
Hare, a Bale, valued at 72 Rixd.
Staves, Pipe, Hoglhead, and Barrel, the great Hiind.of 48 Shocks
Stones, Poland, 1000 Feet, or 5-0 Ells
Sturgeon, the Laft of 1 2 Barrels
Stockings, of Silk, i Doz. or 1 2 lb.
Kerfey, Woollenj or Worfted, for Children, i do Pair
Worfted, Floret, Sayette, 50 Pair
Woollen for Children, 200 Pair
Succad, 50 lb.
Sarfaparella, 501b.
Sugar, Candy or Confedlionary, the 100 lb.
Loaves, Powder, Mufcovado, 2co
Stuffs, Woollens, 8 Pieces
Sword Blades, 50
Hilts, 50
Sweet Wood, loplb.
Tallow, the Schippont
Terras, the Laft, 6 Schip. or 1 2 Barrels
Tar, Great Bund, the Laft of 1 2 Barrels
Small • •:
Thread, white and coloured, 501b.
Gold and silver, i lb.
Tin, the Schippont . ,
Tobacco, 100 lb. ^ .■
Treacle, a Pipe, or 2 Hogfheads
Turpentine, the Schippont
Verdigris, the 100 lb.
Vermillion, the 100 lb. .
Velvet, fine, the Piece,
with Thread, the 2 Pieces
Vinegar, of vVine, the Hogfliead,
Beer, Ale, or Cyder, 2 Hogrtiead*
Wax, the Schippont
Wire, Iron or Brafs, the Schippont
Steel, the 100 lb.
Gold and Silver, the lb.
Wool, Beaver, the 50 lb.
Spanip, or fine, the 4 Schip.
Coarfe, or Scotch, 6
Flock, or cutting Wool, 2 Schip.
Scotch, Shirts, 50 Pieces
Shifts, 8 Pieces
Wood, Shovels, the loSchocks
Dirties, or Trays, 5 Schocks
Plates, ditto
Nails, the 20,0
Wine, Bourdeaux, the Ton, or 4 HogrticaJs, at 52 Rixd.
Picardin, Hoogland, Mufcat, and Froiitinac, the 2 Hogflieadi^
Spanijh, or Portugucfc, the Pipe
Italian and Levant, ditto
Rhenidi, the Auln
Wainfcot, Boards, the Schock
Yarn, Cotton, 50 lb.
Linen, the Schip. or 40 Sch.
ro A
825
Rlx.Sti.
iJt
]8
18
18
30
36
3^
30
I
12
3<5
30
30
3^
12
18
i3
18
12
12
i8
a
9
6
36
18
9
3^
5
24
9
36
6
e
9
36
9
9
12
9
36
24
24
5
I
36
30
9
'5
10
9
9
2
i3
I
36
I
I
24
2
40
c
1
2+
36
> 36
k'ara.
m
':4
.fI
&'i
826 Of the General Trade o///j^ WORLD.
■1 ■ ,
ft.
It •■
Yarn, Tow, the 4 Schipponts
Sail, I Schip.
All Sorts of Woollen, the 50 lb.
RIx. Sti.
o 36
o 36
o 36
I fhould here have added to the preceding, an Account of the Cuftoms on Goods
in Denmark, but I omit inferting them as I have thofe payable in all other King-
doms, to avoid fwelling the Work to too great a Bulk ; nowevcr, I fhall give my
Readci a Lift of the Commodities prohibited by his Danijh Majcfty, and note ibme
other Particulars, neceffary to the Information of fuch Pcrfons as are concerned
in that Trade.
Brimftone is forbid Importation by Placart of 29 December i/a/; and Buckram
to be brought into Copenhagen and the Ifland of Sialland, by Order from the Cham-
ber of Finances, dated lo Sept. 1728. Cloth, Corn, and Earthen Ware of all Sorts,
are prohibited by a Placart of 25 Feb. 1717; dried Fifh, or Salt Cod, from foreign
Parts, prohibited by a Placart of 23 March 1729 ; Flannel, and Iron in Bars, pro-
hibited by a Placart of 8 Sept. 1730, but allowed on Oplag (which is a Privilege
granted to Copenhagen and Eljinore, where all foreign Goods may be landed and
exported Duty free within a Year) for Exportation ; Kerfies forbid to be imported j
Oil of Linfeed, Hemp, and Rape Seed, prohibited by a Placart of 22 Nmh 170,^.;
Mohair twifted, forbid by a Placart of 18 July 1708 ; Woollen Stuffs of X Kinds,
and Stockings, prohibited ; Brandy, Salt, Tobacco, and Wine, may not be brought
into any Port in Denmark but Copenhagen j Wool Cards, not importable into 5/W-
land by a Placart of 15 Sept. 1727, bjt admitted any where clfe.
To the Port Charges beforementioned, payable in the Sound, fhould b"
TjO"t!C .
Light Money for Ship and Cargo, in Crowns Rixd. j %
Pafs, Seal, Writing Money, and Fees 4 i :u
Guard Ship both Ways, 4 Sti. each Time
Bri*' "*' Poor upwards of 24 Sti.
Commilfion ■ 24
ided;
m BaL
" 254.
'J 12
24
Add 3 Sti. on each Rixd. Crowns, to make it Curr-'«t Mcio ar.u -/^'erve that
in this and all the preceding Duties, 48 Stivers make ilv.- fv xtu;il!ar.
N. B. All Mafters are allowed 4 per Cent, out of t' .e Durits paid on theii Car-
goes both upwards and do v "Is,
At Copenhagen a Bank was i . -' •lifh'^ ' ' few Years ago, whofe Notes are current
through all Denmark-, and the Xi\ ;.>> i)rc!-<:, the 2 lit of March, 1705, concer.i-
ing ftranded Ships anr" ^-oods, r;-.. very c\> ent, tho' they have not hecn io well
obferved lately as they ihould be, i.> Ju'/u^iu, where -]- Salvage hns been recovered,
in dired Contradidlion to the aforcfaid Ordinance j but in Norway a bettet Re-
gard is paid to it.
Befides the Sound, the Baltick has an Entrance by the Great and Small i?./. ; the
former being a fafe Palfage (when well known) for large Ships, which pav the
Duties thereof at Nybourg in the Iflc of Fuhnen, where the Danes have a Forcifica-
tion (oppofite to Korfoer the Ferry Place in S'uelland) and where all Paflcngcrs for
"Jutland, Holjlein, &c. from Copenhagen land.
The Little Belt is at Frederica in Jutland, (where fmall Ships can only pafs,
and muft pay Sound Duties) and Sophia Odde in Fuhnen, both Places being forti-
fied. And as Norway is fubjed to his Dani/J: Majefty, I Ihall now treat of it,
though it makes a Break in my propofed Method of delcribir.g the Trade of the
Nations bordering on the Baltick all together.
OJ'the Trade of Norway.
'Tp'^ITS KinfJoi;: is ancient, was governed by its own Princes till 1397, when it
* became a Province of 7J(7//«^r/i. Its northern Borders at //''(7n/,/)?/w, lie in the
Lat. of 70 Deg. jo Min. and its South Fall at FredcrichJhaUin 59 Deg. 20 Min. its;
3 Soutli
Of the ^ O U N D, ^c.
South Weft Limits being the A'ijiw, in 57 Deg. 50 Min. and the inland Frontiers
ate in many Places feparatcd from Sweden by a Range of Mountains, which con-
tinue to the North Sea. The Country is veiy barren, not producing a ufficiency
either of Corn or Cattle for the Inhabitants Support, altho' it is in general very
thinly peopled (proportionate to its vaft Extent) containing only two huinlrcd
ninety-one Parifhes, with nine hundred thirty-nine Churches and Chapels of Eale;
it differs from all other of his Danijh Majclly's Dominions, in producing many
more Commodities for Exportation than they all put together ; its Natives being
active, laborious, induftrious and honeft.
Copper is one of -ts principal Produdls, and of this the chief Works are at Ro-
raaiy Si/icc, ^liine, Meldahl, (or LyckensJ Faaduhl and Aardahl. 7 he firll of
thefe Mines yields about three hundred and fifty Tons yearly, on which the King
hath two Rixdollars per Ton Excife, a Tenth in Kind, and a Duty on Exportation
of 8 /. 1 5 J. fer Ton, which brings near one-rifth of its Value into the Revenue.
It is moftly (hipt for Holland, and the Proprietors of this Mine have it divided
into one hundred and feventy-two Shares, each worth about 500 /. Sterling, as in a
Medium of twenty Years part, it hath yielded twenty per Cent, annually, after hav-
ing been work'd about one hundred and ten Years. It lies about f^ne hundred and
eight EngliJ/j Miles E. S. E. from Drontbeirn.
^f'ckneMinc is more antient than this now mentioned, lying three hundred and
fixty Miles to the S. W. of it, and produces about fifty Tons yearly.
Meldahl is the third, and has been wrought with various Succefs, having at
fometimes rendered the Proprietor fifty per Cent, and at others nothing, the Me-
dium Quantity is computed to be near fifty Tons yearly.
Selboe had been given over for thirty Years, but wrought again for fittf^en part
by the Boors, is two hundred and forty Miles from Drontheim.
Faadabl hath been wrought about three Years, though it had been given over
for feveral before ; it now affords great Hopes of being the fecond Mine in A'isr-
<loM, and is about fix hundred Miles W. from Drontheim.
Aardahl, eighty Miles S. S. E. from Bergen, was rented by the Euglijh Charitable
Corporation about the Yean 73 1 j but whether through the Stubbornnefs of the
Ore, Ignorance of the People fent over, fome Iniquity in the Managers, or all to-
gether, feveral thoufand Pounds were funk, and after one or two Cargoes irad been
{hipp'd for Newcajile, the Company ftopt Payment, and the working the Mine hns
been ever fince difcontinued. About three Millions fVincheJlcr Bufliels (,f Char-
coal, and many thoufand Fathoms of Billet Wood, are yearly confumed at the fe-
veral different Melting-Houfes, which latter beginning to grow fcarcc, makes it
probable that the Drain of a few Years more, will oblige the Artific-rs to hr"c
Recourfe to Britain for a Supply of her Mineral Coal.
The fivelaft Mines are exempted from any Payment to the Revenue ^.i Account
of their Poverty; and in thux oi ^ickne h a Well, whofc Water turns Lon into
Copper in three Years foaking. At Kongsbergh, four Miles above Stromfoe, are a: lb
Mines of Silver, which in May 173 1, were let out to farm, after i Prohibition to
all Strangers had been iffued in the preceding February, not t(i ke any Intered
827
ar
locr.
'iana.
ing granted to
Fifli, Skills,
therem. And at Drontheim is a Pearl Firtiery, whofe Revenue •
the Queen in the faid Year. Its other Produdts are Iron, Pitcl
Tallow, Butter, Arties, and above all Mafts, Boards and Tii
About the Year 1738, an Allum Work was ered^ed near C/ 'iana, whe, ; is an
inexhauftible Rock of Slate, which is burnt into Afhes, and . le being fteeped in
Water, and afterwards boiled, produce Allum, tho' my Authn; i ; uncertain whether
any Urine or Kelp is ufed in the Operation. Carraways ;i ^:row very plentifully
in this Country, and large Parcels of them are annually .pcrted. Of Cryltal a
good deal may be got a few Miles above Chrijiiana, but a Sample of it having been
fcnt here to London, its Qiwlity was difefteemed. In Iceland is the famous Vui-
cano Hecla, from whofe Mountain great Quantities of Brimftoie is procured, which
occafions this Commodity to be prohibited Importation here, and the Wool of this
Ifland is very fine and long ; it was peopled from Norway in about 950, is go-
verned by a granri Bailiff, hath two Bilhops and thirty-feven Pariflies.
The Imports are Spice, Wine, Brandy, Vinegar, Cheefe, Tobacco, Woollens of
all Sorts, Salt, Beer, Bottles, Salt Beef, Black Lead, Brafs, 1; 1 krams. Butter, Cal-
Ucoes
f'f! <l
'im^
H' 'V.
s:> ,&.'■>:
i
828 0/ the General Trade of the WORLD.
licoes white and printed, Cindlcs, Caps, Silk and WorfLcd, Canvas, Coals, Cop-
peras, Cork, Coriander Seed, Cotton, Coverlets, Currants, Cyder, Dimity, dry
Fifh, Corn and Flour, Glai's, Glue, Cuui-powder, Hats, Herrings, Indigo, Lead,
Leather, Linen, Mead, Muftard Seed, Mercqry, Nuts I'cwter, (^ickiilvcr, Rai-
iins, Rice, Saffron, Salmon, Steel, Stockings, Sugar, Sweetmeats, Tea, Tin, Silks,
Vcrdigrcalc, Vitriol, Wax, Wire, and many other fmall Commodities too nume-
rous to be inltrtcd.
About t\s clve Years ago, 'Joachim frieJcric Paron Beurt, a Bo/jciiini/t, ercfted (as
Dircelor General) at the Knig's Expence, a Salt Work at ylmrjutiJ, near the luirJer
Ifl^nd, with a great Pile of Buildings; and the Water there being much Ircflier
than in the North ^*ea, is pimipt up to the Top of the Grader Houlc, from whence
it is conveyed by a great Number of Spouts, and falls upon many Hurdles, with
the I).uk taken off, in order to ditiipate the frefh Particles of the Water, and pre-
pare tlic Remainder for the Pan, to which the Houfc being left open on all Sides,
that the Air may have a tree Paffagc, is intended to contribute, and by this Me-
thod they endeavour to imitate the Salt of Fraucc and Piriugal, tho' the Quality is
muth inferior, and will not keep in damp Places.
This Kingdom has many good Ports, but the following ones only arc appointed
for the landing or loading Alercliandize, from or to foreign Parts, or thofe of the
King's other Dominio.is, whole Trade I (hall bricHy particularife, having already
fpoke of it in general.
AbrcKiiiil. The ufual Exports of this Place arc fliort Timber and a few coarfc
fawn Deals.
Bcrgri! was once a firil Rate Hans Town, and the Seat of a Bifliop and Grand
Baily.tho'its Trade has fur fome Time gone very much to Decay j at prcfent its
rincipal Exports arc Tar, ordinary nine or ten Feet Deals, fait Cod, Stockfilh,
icriings and "^K^mon ; here all Sorts of Corn may be imported, on paying a Cuf-
tom of twelve Mi. ."^pecie/)!;- Barrel.
Chrij}iana is a City .'.lout a hiuidred and thirty feven Years old, the Refidencc
of a ^'ice^oy, Bilhop, (jiand Bailiff, and is the High Court of Norxuay; from hence
arc (hipt the grcatcll Quantity of the beil Deals in this Country; and befidcs it
has an Allum, and a Stuff Manufacture.
ChrilVuinJaml, built aKuit a liundrcd .;. 1 twenty Years ago, is the Scat of a Bi-
fliop, and Grand Bailiff; us chief Exportation Timber, and a few Deals moAly ill
fawn.
ChrijiuwfunJ was called FaarfuNd until 17^^, when the late King gave it its
prcknt Name ; its yearly E.xports arc about two thouland Barrels of Tar, fome bad
Pitch (of v^hich th^y h.ue little in Norii.\iyJ Stoekfiil), ic, 00 Barrels of Cod and
Ling, 48,000 Barrels of Herrings, ibmc few Deals, Train Oil, and Salmon.
Dramiiii • s a general N.iir.e ior Bnigneis, Coppervyk, and Stroi.ijhc ; it exports
great Qllanllli-,^ of Deals and 1 imher. It lies .iWu four Miles dillant from Kongs-
lerg (when; the Silver Mines are) and by a Placard, dated A/<7j'tbc4th 1706, all
Ships going to Dnim/iirn in Ballail, are directed to caft it out near the Curtomhcufe
for PreU-v ution of the Ground whereon it is built.
Di'yiithcim, called ako •Irumllh '•., is an ancicDt City, and was f<jrmerly the Scat
o[ ihG Norifiiy Kiiigs; though nv w become the Rcfidcnce of a Grand Bailiff, and
Bifliop, whofe Cathedral is the moil magnificent of any in the Country, being built
with a coarfe black Marble, w hieh a neighbouring; Quarry produces. Its Exports
are fourteen Feet three h^A^ Fir Deals ; great Qmtntitics of nine to ten Feet one
and lialf Inch Ditto; red and white Deals, in all ten to eleven hundred thouland;
Tar, and near five hundred Tons of Iron, iiioilly for AmJlcriUvn.
hkiUi, a fmall Port, ^ hieh on'v affords lome Tar and Fifli.
In 174B the above tliiee Ports were farmed by feveral of the Inhabit.ints for ten
Years, at the annual Rent of y..y00o Rixdoilars, which has produced them very
great Profits by the yearly Incom*; of 40,000 Rixdollars from Dronthcim, 20,000
from ClrijiianJ'und, and 6co j Irom 1 1'JIa.
Flekktjujii, whofe chief Exjx^rts ar.; Salt Fiih, Herrings ai>d Stoc^cfiih.
Vridi'rkhjhahl is the cartcrmolt Town in Nor-u^jy, and was built ;'.bout :, hun-
dred and twenty-eight \ ears ago; it is feparated froniiS'ii't'i/t;/ by a Ford two Erig/ijh
Miles broad; and its Exports .ire coiifiticd principally tu Deals, with a few Balk<
a:i.J
t)f the SOUND, ^c,
and Spars : Its Oplag occafions the Importation of all Goods in their own Ships;
befidcs Iron from Siueden, under any Colours.
Friderichjiad rofe on the Decline of Sarpjburg (lying a Mile and a Quarter up the
River Glommen) about a hundi-ed and feventy Years ago ; from hence many Mafts,
Load Balks, Deals, Span,, fmill Balks, ^c. are annually exported : It is the
bcft fortified Town in Norway ; but as feveral of the Fortifications are built on
a Clay Ground, wiih a boggy Bottom, the Foundations ficquently give Way and
fink.
Holtn/lrand, a fmall Town, that exports a few Deals, Balks, and Sparwood. It
lies in the Earldom of 'Jarljberg ; and on the Illand called Long Oe, near to it, is a
a very good (iuarryofgrey Marble.
Kragcroe is another fmall Town, yielding fomc Deals, Balks, Spears, dnd Sparse
and fome Years ago it produced the beft fourteen Feet Deals in Norway.
Langefund, a Imall Place, fubjeft to the Cuftomhoufe of Porfgrmd, affords
forie fmall Balks ;, but moftly Sparwood.
Laurvi, a fmall Town in the Earldom of the fame Name, within Stavern;
v/here the Earl has a fine Iron Work, produceth chiefly that Sort of Deals called
Sc^irwen, which are commonly efteemed the beft.
Mandahl, a little Place lying two Miles on the Eall Side of the Naze, yields
fomc Ihort Timber, zA a ftw low priced Deals.
Mcfs, a fmall ancient Town, wnofe chief Exports are Sparwood and a few
Deals J tho' it has a fine Iron Work, and feveral Saw Mills.
Porfgrund has the Cuftomhoufe for itfelf, Brevig, Lonfonnd, and Scheen ; the
two hrft exporting very good large Timber, efpecially the Sort called Bratjburgh
Spears, Sparwood, and fome Deals ; at the laft Place are fawn the Cloifter Deals
from twelve to eighteen Feet long ; the beft in thofe Parts.
Romfdahl, a fmall Town, whofe Exports ufually are fome Fifli, and a little Tar.
Rus-oer, commonly called Eaji-Ries, produceth chiefly fhort Balks, Spars, and
fome few coarfe ill fawn Deals.
Sand lies on the Weft Side oiChriJliana River, tho' the Ships chiefly load on the
Eaft Side, at Drobark and Wsnebeck; its Exports are great Quantities of white
Wood Balks, and Spars, principally for the Hollanders.
Stavanger, a very poor Place, moftly inhabited by Ship ^■^•^fters, who are chiefly
employed in carrying Fifti from Bergen and the adjacent ' .'^■' ;, coaftwilc, and fome
imall Matter to the Belt.
Sandefiord, a fmall Place between Laurvig and Tonjberg, whofe chief Produce
is Spars for Denmark, as there are few Inftances of Foreigners lading here.
Sundbard, a fmall Town N. W. of the Naze, (hips a little Fifh and fome Tar.
Tonjberg h deemed the oldeft trading Town in Norway, and has the Ruins of an
antient Stone Building, fuppofed to be the Relidls of a Palace, where one of their
Kings refided ; it is now a poor Place, and the Exports reduced to a few white
Deals, Balks, and Sparwood.
Two or three Ships are fent yearly from Copenhagen to Finmark, which load
with Fifli and Oil, moftly for Holland ; and one or two likewife go from the fame
Place, chiefly with Provifion* for the Garrifon at Greenland (and to carry Miflio-
naries) as the Inhabitants want but few Neceflaries, or feem to have no Care for
more than the prefent.
H^ardhuus, or JVardhuys, is the Northernmoft Fort in Norway, where the King
oi Denmark keeps a fmall Garrifon : It lies in 70 Deg. 45 Min. Latitude, and its
Longitude from the Meridian of London is 27 Deg. 50 Min. Near it the River
Tarn, akes its Rife, and runs thro' Lapland ; from the diflferent Ports of which,
and t inland, ten or twelve Ships of about two hundred Ton load yearly, with
Fi(h for Copenhagen, and from the latter many to Bergen and Droniheim.
The Havens of this Country are very numerous, a nd moft of them very fafe, but
many of them abound with the Worm fo prejudic al to Ships' Bottoms ; no one
is permitted to go into or out of them without a li'ilot, as per Placart March 5*
1725, where the
ift Article is, that all Ships going infn Harbour (ither to load there, or deftined
to other Tountncs, (hall pay Pilotage conformable to this Regulation, and not be
allowed (whilft a Pilot is to be got) by themfdves, People, or any, fave fworn Pi-
10 B lotH
^1^
n . '
•i^i'
830 0///&^ General Trade of the WOK LD.
lots, to carry their Ship in or out of Harbour, or to follow other Ships, for if
t^ey do thry arc liable to pay Pilotage at the Cuftomhoufe,
adly, One Tenth is to be dedudod out of the Pilotage for the Captain (who is
Chief over all the Pilots) and the remaining nine tenths to the Pilot.
Rd. Ro. s.
' 3dly, The Summer Pilotage, viz. from the i6th of March to the 1 6th
ef OSlober, from Sea, is to be, for a Ship drawing 4, 5, and 6 Feet Water i
5
9
10
II
la
I
I
2
2
2
3
3
3
4
4
4
5
o
I
2
o
I
2
O
I
2
O
I
2
O
o
8
16
o
8
16
a
16
o
8
16
Winter Hire, .| Part more to be paid from the i6th oiOSlober to the 16th of
March, and when the outer Rocks don't exceed one Mile from the Port, only finele
Pilotage is due. For every Foot above the 1 8, i Rixdollar per Foot more than the
5 Rixdollars, the Feet to be reckoned as are mark'd, and the Pilotage to Sea to be
\ lefs than this for bringing in, and nothing reckoned for ^, ~
or ^ Feet.
Fly-boats, Hoys, and other flat built Veflels from Sea Rd. Ro.
4, 5, and 6 Feet Water i 2
-■^'^'
I
Or half as much more as fharp built VeHcIs,
9
10
II
12
13. •
,9. ,vi jij t \ .
T/»y{ D'i.fl Ikii') M
2
2
.-3
3
4
4
5
5
2
o
2
O
2
O
2
S.
o
o
o
9
?
o
o
o
o
Pilotage by the Mile, when do not exceed 'four.
Rv,, ''
Ships of 4 to 6 Feet, each Ft
I 8
6 to 8
I 12
9 to JO
I 16
II to 12
I 20
13 to 14
2
15 to 16
2 i
17 to 18
2 16
Flat built Ships pay 4 more, above this Depth i Rixdollar more for each Mile,
if the Pilot carry a Ship above four Miles he is to receive | Part lefs, but if nine to
twelve Miles inclufive, 4 lefs for each Mile. Winter here to receive ^ Part more
alfo for Pilotage in and out.
Whilft the Pilot is aboard the Ship Mafter muft provide hira free. Meat and
Drink, but if obliged by contrary Weather to keep the Sea, one, two, or more
Days, the Mafter (excluGve of the Pilotage) raufl pay the Pilot two Rixoo^t's
daily.
N. B. Nothing to be paid the Pilot for Attendance whilft the Ship is in Har-
bour, nor can he demand Proviiions.
4.Tlie Pilots murt not (on Forfeiture of their Place) take more Pilotage than what
this Placart allows, except in ftormy Weather where Hazards arc run, or moie Per-
■fons employed for the faving People, Ship and Cargos or when (lie hath loft MaAs,
Hull,, or Rudder; tlie Pilot may in fucfa Cafe agree above the common Rate, if
3 the
.D.
hips, for if
ain (who is
Rd. Ro. s.,
1
r I o o
I I 8
I 2 |6
2 O O
2 I 8
2 2 l6
300
. 3 ' «
3 2 16
400
4 I 8
4 2 16
500
} the 1 6th of
t, only finslo
ore than the
c to Sea to be
Feet.
Rd. Ro. s:
ter 120
,r;o2
,,2-2 2 6
-"'3 9
.,ii3 2 ?
,400
Jiu.4 2
r>i.5
V, 5 2
Ft. o I 8
Hia :
I 12
I 16
1 20
2 O
2 8
2 16
for cadi Mile,
but if nine to
B ^ Part more
■ce. Meat and
two, or more
:wo Rixooi;ts
[lip is in Har-
igc than what
ormoie Per-
th Joil MaAs,
ion Rate, if
the
Of the S O \J ^ D, &c\ 83
the Maftcr rcfufe to agree, the Pilot notwith(t;uuling mud do his Duty, and the Pay
be fettled by the 0/Jermciii J and two dilintcrc(li\l i'erlbns; but if citlitr Party bcdil-
fatisfied, the Magiftratcs may cttempt it ; if their Determination be alfodillikcd,
it may be appealed from to the Court of Admiralty in Copenhiigen.
5. As foon as the Pilot fees a Ship in the Offing, with her Colours out 38 a Waft,
he (hall go with his Boat without the outer Kock, and continue on board her until
fafely moored. If in clear Weather a Ship put out a Show for a Pilot, being in
fome Danger, and no P'.lot appears, they who ought to attend in that Neighbour-
hood, and have no realonable Excufe, ihall forfeit two Rixdollars each to the Poor.
And the Oldermand, for not keeping better Order among the Pilots, rt...ll forfeit
four Rixdollars for the firft Negledt, live for the fecond, and lofe his Office for
the third.
- 6. A Ship having brought to for a Pilot with his Colours out, and none near
at hand, the I'ifhermen who have been ufed to officiate as Pilots may then take
Charge of the Sbip and carry her in, r( overing full Pilotage for their Trouble
without any Deduction, though none but Pilots may carry a Ship to Sea, except
Fifhermcn appointed by the Oldermand.
7. That the Pilot-Boats may be known, tliey (hall carry a red Cloth in the
Middle of their Main-Sail, but when cannot ufe it, fliall flicw a white Clotli at
the End of their Sprit ; and on Negletit to Ihew thelc Marks, they ffiiill each
Time forfeit two Rixdollars to the Oldermand, and two ditto to the Poor.
Fifhermen ufiilg fuch Signs fhall forfeit four Rixdollars each Time.
8. When a Maftcr hath got a Pilot on board, he fhall not be obliged to take
another on his coming into another Pilot's Diftrifl, if the Pilot he has is acquainted
and willintj to proceed farther > tho' if the Olderman ' order another Pilot, the
former muil quit, to prevent the Harbour's being kii deflitute ; but if the Pilot
engages to go farther than he is acquainted, and a Damage happens, he Ihall pay
it, as the Law direfts. Code IV. B. I. Cap. v. A.
Q. When a Mafter has any reafonable Caufe to complain that his Pilot has not
done proper Duty, and the (Weather permitting) Colours were put out to fhcw
the Want of a Pilot, the Mafter (hall in this Cale take the Pilot and Oldermand,
and in Prefence of two Sea-faring Ship Mafters, whom the Magiftracy fliall ap-
point, make an Atteftation thereof, and the Mafter (hall have Credit for Law
Charges until a Decifion, each Party obliging themfelves to be fatisfied therewith ;
and a Pilot having Reafon of Complaint is entitled to the fame Liberty.
10. The Pilots are to have Blanks in the Mafter's Language for him to fign,
notifying what he has paid him, as fhall the Pilot for what he has received.
1 1 . Wind and Weather permitting a Pilot to condudl a Ship into a convenient
Harbour, he mu(t not on any Account carry her into one, where the anchoring
Ground is too deep, efpecialiy late in the Year, or in Winter, except in C&fes of
Neceflity ; and then the Pilot (hall before-hand acquaint the Mafter with the
Circumftances, and muft however anchor in the moft convenient Place, on Pe-
nalty of four Rixdollars ; and the lame Sum on neglefting to take an Attefta-
tion, that it was not his Negleft. A Pilot conduding a Ship through dangerous
Places, or altering the Land Markf, (hall be imprifoned for Life in Bremcrholm,
orfuffer death if he defervesit.
12. As the Captain is allowed one tenth of the Pilotage, the Oldermand of the
Pilots, (hall have three Stivers on each Rixdollar, both of them to be dedufted
out of the ftipulated Rates j and if Pilots carry in and out of Harbour, which
don't load or deliver in that Country, the Captain's Salary fliall be only one twen-
tieth Part.
1 3. Forfeitures to be diftributed amongft poor Sailors.
14. The CoUedtors of the Cuftonis are to affift the Pilots in getting their Pi-
lotage, and not clear the Ships until ihey are fatisfied, or have the Oldermand's
Attelt what Draught of Water (he drew in and out, but muft deduft the Salaries
if the Mafter has paid them to the Oldermand.
1 5. A Mafter failing before he hath paid his Pilot, fliall, when niet with in
Norway, pay the Debt, and the like Sum to the Poor, befides the Law Charges :
And a Mafter ufing a Pilot ill fliall forfeit as the Law direfts.
,, 16. And
I
.-.•l*fcw««^
. ' *!
":< '<
^
. 'if'
831 0///&^ General Trade 0/ /;&^ WORLD.
16. As the PUott are always obliged to luep a look out, they Hiall have Refervel
of others.
17. If the Magiftrates, or Admiralty's Decifions 'n Law Suits between Mafters
and Pilots arc diflilced cither Party may appeal to the Kine-
18. Ships bound to any Port within the Fader, and (top (with a fair Wind)
in any out Harbour to fmuggle, the Pilot Hiall immediately inform the nearcll
Officer of Juftice ; and the Maftcr on due Proof made againfl him, muft pay
the two hundred Rixdollars, as direded in the Book of Rates s the fame to be alio
obfcrvcd North of the Naze : And a Pilot ncglcdting to give fuch Information Ihall
lofehis Place.
19. The King commands all his Military Officers to be aflifting herein, and to
keep thcfc Orders, as a Law.
Mafters of Ships muft make a true Report at the Cuftom-Houfe, within twenty-
four Hours after their Arrival; and if required by the rolleftor, muft produce
authentick Bills of Loading. The not reporting within this Time limited, in-
curs a Penalty of twenty Rixdollars daily j if they negleft to report all their Car-
goes, they muft pay twenty per Cent, on the Value oi that Part omitted, except
he w ill make Oath, that it was an Error, without any fmifter Intent to fmuggle
them. If they belong to Maftcr or Mate, they are confifcable and liable to double
Duty.
Mafters muft be careful not to fail without their Told-Zedel, which is a Paff-
port given them from the Cuftom-houfe, containing a Lift of the Cargo, and that
the Laftage, Tiende (or tenths, a Cuftom) and Lights are paid ; otherwife being
found witnout it, and the Cargo is difcovered not to be duly entered, treble Duty
muft be paid, and the Mailer condemned to Chains for Life in Bremer holm \ if
the Ship be only in Ballaft, the Punifliment is to pay ten Rixdollars, and the pro-
ducing falfe Paffports, with an Intent to defraud tne Revenue, incurs a Forfeiture
both of Ship and Goods.
The Lignts in this Province arc the Farder, built on a high Rock at the En-
trance oiCbriftiam Fiord, and two on iiitNaze Point; in Denmark, they have
the Scbaw, and Anhlt in the Cattegat ; that on the Sand Bank called Scagen,
at the Point of Jutland, was fome Time ago walhed away, and I believe not yet
reftored.
The Sea Marks here, are the Cow and Calf near Mandabl. Off Merdoe Ifland,
the from Hills, and Trom Church, with a new built whitened Steeple, and the
above mentioned Light-houfes.
The Danijh trading Companies, arc that of the North, the Iceland Company,
and the Eaji-India Company. Thn firft was eftablilhed at Copenhagen in 1647,
by Frederick III. which has not only veiy conliderable Settlements in Norway,
but they fend their Ships alfo to the Port oi Vnranger, at the Bottom of the Gulph
of the fame Name ; from whence their Con.miflaries penetrate by Land, both
into the Danijh and Mufcovite Lapland, on Sledges drawn by Rain-Deer.
They alfo extend their Trade to Borandai and Siberia, where their Fadlors
advance even to Panigorod, the Capital of this Part of the Czar's Dominions ; and
the Goods they carry arc Rixdollars, Tobacco, Brandy, and Linen, which they
truck againft a Variety of Furs, the only Produdts of mcfe Parts.
The Iceland Company alfo owe their Charter to the faid Monarch Frederick
III. who granted them his Letters patent in the fame Year the Northern Aflb-
ciation obtained theirs. It is the Ships of this Company only, that are permitted
to trade with this Ifland, which lies in fixty-five Degrees forty-four Minutes of
Latitude, and thirteen Degrees and thirty Minutes of Longitude. The Inhabitants,
although at prefent Chriftians, are notwithftanding almoft as much Barbarians,
as before this Religion was profefled among them. They neither buy, nor fell,
or know the Ufc of Money ; fo that all their Trade confius in Barter, either with
Strangers, or between one another; this Ifle became fubjcA to Denmark at the
fame Time with Norway ; and their chief Traffick confifts in Beeves, Sheep, and
Horfes, and the Skins of thefc Animals, dry or falted, dry Fifti, Butter. Tallow,
Brimftone, and the Furs of Foxes, Bears, Wolves, Gff . Among the Sheep they
have a very extraordinary Sort, being large, with eight Horns, which the Natives
arc obliged to lliw off, for fear of their wounding the other Cattle, as they are
difficult
Of the NORTH, \jc.
difficult to tame ; their Wool n thicit and fine, which recommends it to a gfwd
Sale.
The Dimes carry to thcfc Illanders in Exchange for Commnditics, To-
bact'), Linens, Klour, Beer, Wines, Brandy, Iron, Cloth, fome Hard Ware, flfr.
idl convryed to Kirkebar, a large Town, or fmall City in the f'land, where the
Merchants and I'adlors rilidc j and though the Trade to Grot and has nothing
to do with this Company's Charter, yet as it ftill liei farther North than LelnnJ,
Illiall Ipcakof it here, as in its proper I'lace.
Till'. Countrv, in a Manner unknown, and its Limits yet undifcovered, has hi-
therto hindered the Learned from determining whrther it is a Continent joining
to that oi America, or 'Idrfiiry, or whether it is ll-paratcd from hoth, and is an
111;':k1. The Smallncfs of its FrodinJts, are fuitcd to the Paucity of its Inhahi-
tants, as it aftords nothing but Whale Fat and Oil, Seal Skins,' and the Teetlj
of a Filh called 'Townk, more valuable than Ivory tor its Whitenefs ; which they
truck with the Whale-Filhcrs, who land here to boil their Ulubber againll
knives, Sciflars, Needles, Looking (ilaflls, Hs!r. And as I have no where taken
Notice of the Value and Importance of this Fuucry, wliich now begins to be
regarded here, as it is encouraged by the Govcriunent, and the Succcfs of our
lite Attempts in it ; I prcfinne it may not be difagreciiMe to my Readers, to
be; advifcd of what may annually be taken in that Sea. I fhall therefore give
a Lid of tile Ships which fidi';d there in the Year 1737, with the F'ortunc they
each had in their Ki..erpri7-e.
The Dutch then fent into the GroenlanJ Sea an hundred and fix Ships, which
caught three hundred and fifty-five Whales. The Hamhurghcrs feventeen Ships,
that took thirteen Wh.ilcs and a half. Altena fent five Ships, and got fcven
Whales ; and Bremen's ten Ships caught eleven Whales j thcfe were all extra of the
Adventurers to Davis's Streights, whofe Engagements were yet more confidcrable.
The Danes begun late to engage in long Voyages, at lead to the Ea/l'Indies,
and it was not before the Middle of the feventeenth Century, that their Colours
were fecn in the Gulph of Bengal, and on the Coafts of Pegu. At prefent they
carry on a pretty good Trade to thole Parts, by a Company ellabliflied in 1612,
and whofe Privileges were enlarged, and its Commerce extended by a Grant
from his Danijh Majefty in 'January 1728, which made them in a Maimer a new
Aflbciation ; and for a Fund they opened Books to take in Subfcriptions, at
Altena \ but this new Company being itrongly oppofed by the Maritime Powers,
which undoubtedly had an Influence on the intended Subfcribers, the Thing dropt,
and the Company remained on its primitive Footing ; but the prefent King in
order to afllft and encourage their Undertakings, advanced them a hundred
thoufand Crowns in 1740, that they may puih their Trade with more Vigour.
The Ifle of "t. Thomas, fcatcd in the North Sea, at fifteen Leagues Diftancc
from Vorto Rico, is the oidy Colony that the Danes have in the IVejl-Indies. The
Hamhurghcrs have alfo a Fadlory here, from whence they carry on fome Trade
with the Antilles.
The Produdts of this Ifle arc but little, for though fome Sugar and Indigo
are gathered here, they would not be capable alone to fupport the Inhabitants,
if they found not in their Situation, a Refource elfewhere, rrom whence to pro-
cure, not only a Support, but to fet forward an advantageous Commerce, con-
lilling principally in the Negro and contraband Trade carried on with the Spa-
niards ; their having made their Ifle a free Port likewife greatly contributes to
their Benefit, as it attracts the Bufinefs of all the illicite Traders in thofe Parts.
U.it now to return to the Baltick.
833
0/tbe Trade o/'Courland, Pruflia and Pomerania.
THE fin.all State of Courland has properly but one Port of the Baltick Sea,
which is Lihaw. Memel, at the Entrance of the Gulph of Courland, although
it belongs to Ducal Pruffia, linfert it here, as it is between thefe two Cities that
all the trade of this Country is tranfaclcd, of which Wood and Grain make the
moft confiderablc Part. Linfecd flapped from hence in great Quantities is the
10 C moft
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834 0/ the General Trade 0/ the WORLD.
moft eftcemed of any in the North, whereof large Parcels are ufed in HoliantKot
extracting its Oil, and in France and Flanders for fowing j and this Trade is fuf-
ficient to employ twenty-five Ships yearly in it from Holland only.
F'MgJhtrg it the Capital of Ducal Fruffia, feated on the Frtgtl, that falls into
the Trycbef, (called by tome the Hoc) a Sort of a Lake that communicates with
die Sea { but it is at Pilau (a confiderable Fortrefs at the Entrance of this Lake)
that die Veflels at firft arrive in their Way to Konigjherg, whicli is more than
eight Leagues diftant, and cannot be gone up by Ships drawing more than ten
Feet Water. This Inconveniency, that occafions great Expenccs, is followed by
two others, viz. Strangers may not houfe their Goods in order to wait a fa-
voarable Opportunity for their Sales, neither is the difpcrfing them within Land
by the Canals permitted, nor their Sales fuflfercd to be made to any other than the
Inhabitants of the City.
Befides, the Products of the Province, the FrtgeU which has its Rife in Lithttania,
ferres for Tranfportation to Konigjberg of that Country's and Foland's Produfts j
fuch as Pipe-ftaves, Deal Boards, Wheat, Rice, Barley, Millet, Hides, Furs,
Hemp, (inferior to what is got from other Parts of the North) Flax, Wax, Honey,
Tallow, Pot-afh and Wood-afli j the Imports there are Woollens, Salt, (moftly
from France J of which near eight tiioufand Lafts are fold here annually for the
Confumption of Fruffia and Lithuania : The other Goods proper for tnis Com-
merce, are Iron, Lead, Pewter, about one hundred Barrels of Wine, one hundred
ditto of Brandy, and the fame Quantity of Vinegar; Butter, Checlc, Sugar, To-
bacco, (chiefly Clerac and Martinico, of which a hundred thoufand Pounds may be
uied here yearly) Spice, and (as in all the reft of the BaltiekJ Rixdollars.
Dantzick is of all the Cities feated on the Baltick Sea, that where the greatcft
Bufinefs is tran&Acd. The Ftflmla, on whole Borders it is built near a League from
its Mouth, conveys to it all the Merchandizes of Poland, whole richeft Palatinates
this River waflies for more than one hundred Leagues in its Courie, and (erves to
tranfport in Return thofc foreign ones with which its Wareb/des are always well
ftocked. Ships drawing more than eight Feet Water cannot get up to the Canal,
running from the Vijiula to the City, k that if they draw more, they muft be
lightened in the Road, (which is an excellent one) and carry the Part of the Cargo
fo taken out in Boats.
The Magazines for Grain eftablifhed at Dantzick in an Ifland, partly formed
by the VifiuWi Channel, are very famous in all Europe, and they certainly deferve
it, if there is no Exaggeration in the aflcrting, that they annually fupply Fo-
reigners with eight hundred thoufand Ton of Wheat. It is a Privilege of the
Burghers, that they only are permitted to purchafe the Polanders Wheat, when
once brought into their City ; but on the other Hand they arc obliged to take all
that comes in, at a Price nxt by the Magiftrates. Strangers here are fubjeCt to
the Inconvenience as at Konigjberg, of being debarred the Liberty to fend their
Goods within Land, or felling them to any others than the Citizens j but the
HardHiip is fomething alleviated here, by the Permiflion to houfe them till a fa-
vourable Opportunity offers for their Difpofal.
The Loadings of the Englijh, French and Dutch Ships for this City confift of a
Qoai.fity of Cloths and Silks, Spice, Dying Woods, Drugs for that Ufc, and Medi-
cines, Italian Cremor Tartari, Sugar, Oil, Paper, all Sorts of Hides, Salt, Wine,
and French Brandy.
Wheat and other Grain, I have already obfcrved, are the principal Exports from
Dantzick j here are however many other Goods, that this Place furniflies Trade
with, of which the moft confiderable are. Ships Marts, Oak and Deal for Car-
pentry, Flax, Potafhes, Weedafhes, Honey, Wax, Tallow, Steel, Iron, Copper,
Lead, Saltpetrt;, Pitch, yellow Amber, Beeves, Hides, Skins, Wool, and Poland
Salt, when the ^mglijh and Dutch cannot have this Commodity from France.
Stettin, which is the Capital of Lower Germany, has the greateft Share of the
Trade of it, altho" it has other Ports, as Straljknd, Wolgafi, and Colberg (this laft in
the Territories of his Pruffian Majefty) where fome is tranfaCted, yet but little in
Comparifon with that of the firft mendoned City j which is feated in the four
Branches of the River Odr- that preferre its Name, and which falls into the
Baltitk about eight or ten Miles from it. Ships cannot go up to the City, but
I
arc
\oi'laiid (or
Jc is fuf-
[falliinto
ates with
bis Lake)
horc than
( than ten
■lowed by
jwait a fa-
|hin Land
• than the
itfjuania,
iProdufts J
Furs,
Ix, Honey,
(moftly
Iv for the
nis Com-
le hundred
ugar, To-
ids may be
lars.
he greatcft
ague from
Ptuatinates
d (ervcs to
dways well
the Canal,
y muft be
the Cargo
rtly formed
nly deferve
fupply Fo-
rge of the
leat, when
to take all
fubjeft to
fend their
I ; but the
tntiilafa-
ronfift of a
and Medi-
alt. Wine,
ports from
nes Trade
U for Car-
, Copper,
nd Poland
^ranct.
are of the
this laft in
it httle in
I the four
> into the
-ity, but
arc
Of the S O U N D, ^f.
are generally unloaded at Stetmert, or tVolgafit from whence the Goods are carried
in Boats.
At Stettin are to be met with, not only the Produfts ofPomersnia, but aUb thofe
of Silejia, and the Marquifate of Brandenbvrg, brought there by the Oirr, which
partly croflcs them, and confifts chiefly in Grain, Ship's Mails, Wood, Hides,
coarfc Wools, Honey, Flax, and Silefia Linens : Their Imports are, Spice, Silks,
Woollens, a large Quantity of Sugar, many Herrings, twelve to fifteen hundred
Lafts of French Salt, a few Wines, lefs Brandies, and (as elfewhere) a good Fund
of Rixdollars.
Of the Commerce of Livonia, and its princifaJ Citiet.
'X*HE Pofleflion of this vaft Province was a long Time difputed, betweea the
■^ Mufcovites, Polanders, and Swedes; but by the Treaty of O/rutf, in 1660, it
was divided between the two laft Powers, to which a third may be added, viz.
the Dukes of Courland, who enjoyed a Share of it, under 'he Protection of Poland.
But the laft War in the North, begun in 1699, afreHi defpoiled the Swedes of it,
after diverfe Events equally glorious to Charles XII. King of Sweden, and Peter
yllexowitz. Grand Duke of Mufcovy, though more fortunate in the End to this
lall, who has remained in the Poifenion of aUX Swedijh Livonia, a Treaty of Peace
having finally decided the Rights of thefe Princes.
This Peace, concluded after the Death of Charles XII. (killed at the Siege of
ChriJiianJladtJ having adjudged Livonia to the Czar, thereby in a Manner ren-
dered him Mafter of the Trade of the Baltick, in openipg to him the Ports of
Riga; Revel, Narva, and Pernaw, whofe Commerce is of fo much the more Im-
portance, as not only the Goods of the Country, but a large Quantity befides, are
brought here from Ru^ and Poland in the Summer, by the Rivers on which
three of thefe Cities ftand ; and in the Winter by Sledges.
Riga, Capital of the Province, is built on the Dwina, which after traverfing a
Part of Lithuania and Livonia, falls into the Baltick Sea, two Leagues below the
City, where their Ships may get up to, if their Draught of Water does not ex-*
ceed twelve Feet, otherwife they muft be dilburdcncd.
The iittcft Time for this Trade is that of the two Fairs, held vmrly in ilfdy and
September, where moft Purchafes are made in Rixdollars, tho' tome in Exchange
for Goods brought there ; but this Bufinefs is fomething troublefbme to Strangers*
as tliey are not fuflfered to unload their Ships, till after having fold their Cargoes to
the Burghers ; and would be much n«ore fo, were it not that this Law is often
evaded by the Goods being cloaked under borrowed Names, lent, for the Lucre of
a Commiftion.
The few Goods loaded for Riga confifts mRAeniJh and French Wines (hardly fouf
Imndrcd Barrels of the latter) Spice, Salt (of which from five to fix thoufand Lafh
fell here yearly Sugar, Tobacco, Vinecw, P^per. fome Fruit, and Mercery Ware,
tho' all thefe in fmall Quantities. The Returns which the EngKjb, French, and
Dutch get from hence are very confideraUe, the principal being Furs, of which
there is annually brought down the Dwina more than a thoufand Boat Loads*
bcfidcs what comes in Uie Winter on Sledges.
The Mafts from Livonia (which are very valuable) al(b Oak Plank for Ship-
ping, Ton and Pipe Staves (in great Abundance) D«d Boards, Wheat, Hemp,
i'lax, and their Seeds, efpecially the laft for fowmg and Oil, Pitch, Tar, Wax,
TjIIow, and excellent Afties for Glaft or Sojip.
Revel is almoft equidiftant from Riga and Narva: it was for fome Time among
the Number of the Hanfatick Towns, but renounced their Alliance in 1550.
h'i Trade is always very great, but not like what it was before the EngHJh had
(Ijlcovercd the Port of Arehanrel in the IFhite Sea, and when it was the Ma-
gazine of the greateft Part of me Ruffian Produfts. Its prcfent Exports and Im-
ports are near the fame with tbofe of Riga ; to which I beg my Reader will be
referred.
Narva, upon a River of the fame Name, not lefs than the Elbe, has enjoyed
for a long Time the Privileges of the Hai]Jiatick Cities, having been almoft
ruined
83s
■'.■t'i'S
1^ I
^1
1*1
836 Of the General Trade of the WORLD.
ruined, and its Trade cei^fed for neai(^l,^^!ApM)iy,/ it did not begin to recover its
Credit till after the Middl't of 'the feventccntn. 0/Mr/W remarics, that in 1654,
they imported here at leaft fixty Dutch Veffels, who loaded more than the Value
of five hundred thoufand Crowns in Goods, fincc which Time it has contefted a
Superiority in Trade with Riga itfclf, and carried it againft Revtl.
The Neighbourhood of Novogorod and Plejkou, trading Cities of Mufiovy, from
which laft Narva is hardly forty Leagues diftant, makes that of all this vaft Empire
eafy to it ; and it is the Paflage by which almoft all the Merchandizes which go
even to Mofcovo are tranfported.
The Commodities proper for Narva, or thofc in which Foreigners invert their
Returns, are the fame as at BJ^ and Revel, and therefore need no Repetitions.
Pernaw, a fmall City on a River of the fame Name, was formerly occupied in
no other Commerce thah that of Wheat, which drew here fome foreign Veffels to
loadit { but fince the Means has been found of bringing down the River a Quan-
tity of Marts, (not lefs valuable than thofe oiNorwrnJ and a good deal of other
Wood, its Trade is greatly encreafed ; and fmce 1680, the Dutch have annually
fent here more than fixty Ships inrtcad of five or fix, that they consigned here be-
fore. Few Goods are wanted here, and almort all the Trade is carried on by the
Intervention of old Rixdollars.
4."
■••r. -..1
.^
i-s
jj-,
il?.'''f
Of the Commerce carried on at Archangel and otter P/acesof Ma&ovy.
THE Trade oi Archangel alfo comprehends that which may be tranfadled In a
Fart of RuJJia, and even as far as Mo/cokv, by Means of the Dwina on which
this City is built, or other Rivers with which this vaft Empire abounds. Befides
the Englijb and Dutch, who alone carry on more Trade here than all other Nations
put together, the French, Swedes, Danes, Hamburghers, and thofe of iJr^w^w, have
their Magazines and Correfpondents at Archangel. The Commodities fit for this
Place may be feen in the Defcription of the Trade of Holland, to which may be
added Bourdeaux and Anjou Wines, (three Quarters Red, and one Quarter White)
Syrops, whitened Linen, Furtians, coarfe Cloth, and otlicr %ht Woollen Stuffs,
Ribbons,- Hats, Jewels, Houfehold Stuff and Artificers Tools.
But of all the Merchandize, there is none whofe Sale is fo fure, or that turns to
better Account than the Cartor from Canada, which often fells for ready Money,
tho' this is feldom the Cafe with any others.
Furs are (as one may fay) the Foundation of the Trade carried on with Mu/covy
and the chief of its Exports, and altho' they do not differ in Qjiality from thofe of
Lapland, Borandai and Siberia, (of which I have already treated) yet they are to be
found here in greater Quantities, on better Terms, and with lefs Rifque. The
RuJjia Leather,' dry or falted Hides, Goat, Bear, or Wolf Skins ; Hemp, Flax,
Hogs Briftles, Fifli Oil, Caviar, Tallow, Tar, Wax, falted Salmon, (Sc. are Com-
modities that Mu/covy yields, and of which the general Suple is ertablifhed at
Archangel, that fince its bemg frequented by the Englijb, and afterwards by other'
Nations, has carried away a great Part of this Trade from the Baltici, and par-
ticularly from Revel.
Of all thefe Produds and Goods, the moft erteemed are the Hid^s of Jerojlaw,
the Honey and Wax of Plefieou, the Tallow of Folegda, the Oil in the Neighbour-
hood of yolga, the Flax and Hemp of the great Novogorod, the Pitch of Dwiiia,
the Sables and other Furs of Siberia.
Aftracan is a City under the Dominion of the Riiffian Emperor, is featcd at the
Mouth of the Volga in the Ca/pian Sea; the principal Merchants trading here are,
Mufcovites, Tartarians, Armenians and Indians. All Sorts of Merchandizes may
be fold in the Morning at the Bazar or Market of the Tartars, where other Na-
tions have the Liberty of canying theirs. After Noon the Rt^ffian Bazar Is held
where the Armenians are equally admitted, and the Indians tranfad all their Bufi-
nefs in their own Caravanfera.
Bratoffiena is a Village near to Mo/cow, on the Side neareft to Archangel, where
Commiiiioners are ertablifhed to examine all Goods dcfUned for Mo/cow, which
after
Of the SOUND, ^c.
after being fcarchcd, and the Lead here put on them, arc no more difturbcd till
their Arrival at that City.
Bitrafi's, a Nation of Mufcovite tartary, which inhabit along the River Angara,
and the Lake of Bekal. They arc rich in Cattle, particularly in Beeves and Camels,
with which the Mufcovite Caravans tliat go to and from Chinn arc commonly pro-
vided here, paying their Hire in Goods, and not in Money, of which thefe People
make no Account.
The Merchandize proper for this Place arc black Sables, Pewter, oi Copper Ba-
fons} Hamburghers red Cloths, Otter Skins, Perjian Silks of all Sorts of Colours,
and Gold and Silver Ingots. The largeft Ox hardly comes to four or five Ruhlcs,
and the ftrongcft Camel to ten or twelve, the Ruble on the Footing of five Guil-
ders as in RuJ/ia.
Jerojlaw, a Mtjfcovite City on tne River Fologik, where one of the greateft
Trades of all Rujia is ncgociated, principally confilling in Hides, Tallow, Linens
and Brufhes.
Maiaria, a great Monaftry with a Village of the ftme Name, featcd on the Kcr-
fm'ie that falls into the Volga, a great River of Mufcovy.
This Place is famous for its annual Fair hold here in the Month ofjufy, and
which iafts for fifteen Days. The Majority of the Ri/^i<i Merchants ufually attend
it cither to buy or fell ; and for the Convenicncy of Trade, here is a wooden Ca-
ravanfera built, where they lodge and retire their Goods.
Sokwitzjogda is a Mufcovite City, celebrated for its Traile, where are many
good fubdantial Merchants, and excellent Artificers, particularly in Works of
Silver, Copper and Ivory : It has alfo in its Neighbourhood many Salt Ponds, that
produce a great deal of that Commodity for Tranfportation to Vologda, andfeveral
other Places, even as far as Archangel.
'Tomjkoi, fubjcft to the Czar's Dominion, is a City feated on the River 'Tom, in
Mufcovite Tartary ; a great Trade is carried on from hence to China, by the
Cham of Bufucljtu, and the Buchares, among which fome Rujian Merchants mix.
This Journey is made in three Months, and the fame Time expended in their
Return, but with an inexpreflible Trouble, as every Thing muft be tranfpdrted
on Camels, even Wood and Water in fome Places j and it would be impoflible
for the Ruffians, or any other foreign Nations to perform this Peregrination alone,
the Country being full of Robbers, who pillage all Paflengers, except they be
well accompanied or guarded.
I Ihall fay notliing here of the Trade which the Ruffians do, or might carry
on by the Volga and Cajpian Sea to Pet;fia ; by Tartary to China ; and by the
Black Sea to the Dominions of the Grand Seignior, as the other Nations of Europe
are but little concerned therein, except to account for the Rife of Petcrfburg, a
modern, and now very flourifhing City.
The late Czar Peter the Great, having formed an Idea of the vafl; Advan-
tage his Emmire might reap from his fecuring to it the Silk Trade of Pcrf^ ;
in the Year 1722 appeared more confirmed than ever in his determined Endea-
vours to make himfelf Mafter of this Branch of Commerce, and in order here-
to, he took Poffeffion (as one may fay) of the Cajpian Sea, and ordered a nice
Chart to be made of it, where the Ports and Roads were very regularly defcribed,
particularly the Coafts of thofs Countries, where Silk grew in the greateft Plenty,
luch as ^ilan, Schirvan, and the Neighbourhood of Schamachi -, in EfFed, he
accompanied an Expedition on that Sea, feized the City of Andreof in the Pro-
vince of Daghejlan, and laid the Foundation of another large Harbour near Der-
bent, at the Bottom of the Baltick in the Gulph of Finland, to which he gave
the Name of Peters-Haven, (better known by that of PeterJburghJ reducing
the Inhabitants of Derbent, to have Recourfe to him for Proteftion, and fubmit
to his Laws ; and though his Projeft has partly failed, yet this Settlement, having
been frequently benefited by tlie Court's Prefeuce and Encouragement, is in a
few Years grown to be a confiderable City, though not correfponding to the ap-
parent Exaggeration of an anonymous Author, who faid fome Years ago, that it
was likely to become as magnificent as Vepfailles, as ftrong as Dunkirk, and
more flourifliing in its Trade than AmJIerJavi .
10 D
And
^37
" V
It A..
SKi A- t^ > I '
838 0/ /^^ General Trade 0/ the WORLD.
And that my Reader mav form fome Judgment of the Encreafe of thia City
and its Trade, I fliall give him an Ah Iradt of a Year's Imports and Exports,
communicated to me by an ingenious Gentleman, whofe Remarks may be de-
pended on.
EXPORTS. Poods.
firiftles
Cavcar
Cordage
Flax, 1 2 Head
9 and 6
Hemp, clean
Ouldiot
Half clean
Codillec
Hides
Iron
Ilinglafs, firA Sort
fecond
• third
Linens, Narrow
Broad
Brown
Cralh
Broad Diaper
Narrow
Drillines
Raven Duck
Sail Cloth
Flemifh
Oil
Silk, Legis
SherbafF
Talbw, firft Sort
fecond
third
Wax
8903
14570
46705
14570
972959
18615
49410
49530
12 14770
987
1160
Arfcbins. Pieces.
«379f>
2748658
8695
36419
1099981
66489
281989
196893 1
56345
2703
'093
53743
93291
22097
26150
10789
3394*
7306
With fundiy other Articles, of which the Total Export is 4374520 Roubles,
Whereof by Brittjh 2^57^7^
IMPORTS. Roubles.
Ale, Englip, and Cyder, 131 Hogfheads^ „
and 6734 Doz
Allum
Apples and Pears
Arrack, 161 Dozen
Brandy in Anchors 48466
Cabinet Wares
Calicoes and Chints
China, Earthen Ware and Glaft
Chocolate
Coffee
Cochineal
Copper, wrought and unwrought
Cotton
Fifli, 3205 Caflts; and 29656 Stock Firti
Cloves, Men's and Women's 2.632 Dozen
Gallantries for Women's Drefs
Handkerchiefs of Silk and Cotton 1637 7
Doz. 2875 Pieces i
Hardware, and fundry Small Wares
I
»3297
4764
1289
36523
19222
12872
19x29
4554
94491
22096
200994
Poods. Ar/cbins,
I 392971
6169Q
18
2931
375tV
1916
3aA
Hats,
7II63
Of the SOUND, Wc.
IMPORTS. Roubles. Poods. Arfcbins.
Hats, 310 Dozen " 654a
Indigo
Lace, Gold and Silver, 298 Zitters 97j47
Lead
Linens, Cambricks, Mufllns, &r. 2025 ps. 50623
Needles, 16500006 8209
Oil, in Calks and Jars 356^6
Paints
Paper, of all Sorts, 1057 Reams, Hangings 10141 ps. 15358
Pewter, wrought ,
Shot
Silks, Brocades of Gold and Silver, Paduafoys, Sat- 2 „ , . o,„ »»«»» •
tins. Velvet. Of., 4394; Pieces ^ 5 "3 « 830 89^*9 r
Skins, Beavers 7326 Pieces 25289
Spelter
Spicts 19683
Stockings, Silk, Worftcd, and Woollen, 4000 Doz. Pair 50785
Sugar, Double Refined
Single
Clayed
Candy
Raw
Tea _
Turpentine 880
Tin, in Blocks
Wines, Hungary and Tokay 7068
Rhenifh and Mofelle »oi43
Champain and burgundy, 152 HogHieade 21950
Mufcat, Sack, and beft French 757 Hogihcads 34071
839
2547t
88-
3820
88i8;.
23»3-i-
2370^
400
2343i
6071
2403A
20360^
339154 23018A
598^
80964
219
225
>^27H
Ordinary French 5856
Italian
St. Laurence 1 30 Doz.
Wood, Logwood ")
Red I
Yellow, FuftickJ
Woollens, Scarlet Shalloons
D* other Colours
Calimancoes
Drugeets 86 Pieces
Cancels, Everlaftings, Bays, Flannels,
C?f. 1541 ps.
Superfine Cloth
Midling
Soldiers, and Ordinary Yorkftiires
Silefia and Hamburgh 3622 Pieces
Pound Pieces
Cloth Lifts
146381
4137
1560
593*
45100 1130?
58
1 22534*
86892
105987
593357
49152
4664
979
"4313
3'779»
123328
lOIOO
68540
41007
70240
822917
2231
201
npi
Duties Rixdollars 529397 with 25 /^r Cent.
97900
00923
66 1 746^
The whole Imports, with fome immaterial Articles, amount to Roubles 3 3009 2 3
66 1 746
39626694.
Bttllance of Trade gained by the Ruffians 4118514.
Total Export Roubles 43745 2°
Imports by Britifl) 1 3472 3 7
Duties thereon Rixdollars 201221 C 251526'
25 per Cent. 503054 | 3 5 t
3
■ 3
:!i! ■
Roubles 15987634.
Ship-
840 Of the General Trade 0/ /^<? WORLD.
Shipmaders, on their Arrival iXCronfiadt, hnvc a printed Book of Dircdlions given
them, for their Regulation j and they arc allowed the Dutv of ten Rixdollars,
or what will amount to, under that Sum, on fuch Goods as ure their own
Property.
The Ton here in Freight, is 46 Pood on Leather, and on other Goods 6 j
Poods, 120 Pieces of Drillings, 60 Pieces of Sail ur Raven Duck, Linens, 6,
8, to 1 0000 Arfchins, ftr Ton as in Fine "■.
u :-.
S'
H,:V.: .*,-;,,.
^t'"*"^'-
.;?
■ \<^
-, .^
Wii;
4
#
f'^.
&3»'' •
'y
;■/- "^
i ' '^
{y. \
B'--
.;
■ i v*
idr '
■ ^.*-. »
fi'f-'
'J_
> ■> ■.
■ t".
' ,«'V'j
■ ■/*
^iv
Of the Tiiiik of Sweden.
ALTHOUGH this Kingdom has always furniHicd /^//ro/><• with its Aipcrfluous
Products, it was nevertlielcfs rcgardlcls of Trade, till Queen C'/6/ y//>»</, both
!>rote£tcd and encouraged it, hy the Advantages flje granted to and procured
or this Nation ; which till her Reign feemed entirely to negleft Commerce,
either by having its Attention drawn off, through its natur.1l Propcnfity to War,
or the Effedl of Sloth and Ignorance, which it would not be at the Pains of
removing J but the Cruelty of the Duke of ^/r/}, made many to clcapc from the
Low Countries, and take Sandluary here, to which Fugitives Hurden owes the ma-
jor Part of the Knowledge it has acquired in Trade ; and their EilabliHimcnt
was fo fuccefsful, as to encourage a grcit Number of fValhons to tranfport thetn-
felves here, whofe Language and Religion flill fubfifls, in thofc Places where they
firft ieltlcd.
They crcftcd Forges and other Conveniencies for carting of Cannon, as al/b
for the manufiifturing of Iron Wire, and other Works of this Metal, Copper and
Brafs, which their Defccndants continue to this Day j but notwithftanding all
this, the Navigation of the Swedes was but trifling, till their aforefkid Princefs, on
concluding a Peace with Denmark in 1644, obtained from that Crown aConcef-
fion, that all the Ships, and other Effedls of her Subjects, fhouldpay nothing on
pafling the Sound; fmce which the Swedes have greatly cncreafed in Shipping,
and in the late War were the principal Carriers o( Europe. The chief Articles
of Sweden's Exports, confift in Copper, Iron, Pitch, Ronn, Marts, Boards, Gfc.
In Exchange of which, it takes from foreign Parts, Salt, Wine, Brandy, Dra-
peries and other Stuffs ; Tobacco, Sugars, Spice, Paper, (of which they hardly con-
fume yearly two thoufand Reams in all the Country) Linen, Vinegar, Fruits from
Provence, Come Mercery, and diverfe other Commodities.
The Trade which the Swedes have with Portugal, is that which they can leaft
be without, as the faid Kingdom chiefly fupplies them with the great Quantities
of Salt they ufc ; though their Commerce with England yields them much more
Profit in taking off near half their Produifls, and bringing them almoll two-
thirds more of their Value in Silver than in Goods. The leall; is that tranfaded
with France, as this rather ferves to feed their Vanity, than fupply their Needs,
and confumc but very little of the Country's Manufadures or Growths.
It is at Stockholm, that almort all the Traftick of Sweden is negociated ; Fo-
reigners not having the Liberty to trade in the Bothnic Bay, nor the Subjeds of
his Swedijh Majefty, to bring their Goods only to this the Capit.il, whofe Port is
deep and fecure, though the coming in, and going out, long and dangerous.
I'he Swcdei thcmfelves tranfport the beft Part of their Commodities, in their
own Ships, to Holland, Spain, and Portugal, and fome few proceed to France,
to load Wine, Brandy and Salt. But the Englijh and Dutch are the People who
carry on the grcatert Trade with this Country ; the firll by their Woollens, and
the latter with their Spices ; though that of the Dutch is however the mort con-
lidcrable, efpecially fmce they have in fomc Mcafure rendered themfelves Mafters
ot the Copper Mines, and of the Pitch and Tar made there, by the great Loans
they advance to the Farmeri of the former, and to the Merchants of the other
Materials fo neccffiry to Navigation, infomuch that thefe Commodities are to be
nut witii almort as cheap at Amflcrdam as Stockholm.
Mrangcrs are permitted to deliver their Gi .ds at Stockholm without paying any
Curtoms but in proportion as they go felling, and may, if th?y find no Vent
here, reload thcni for another Market, on the Payment only of Ilalf^fr Cent.
Duty.
D.
tions civcn
lixdoilars,
tiicir own
Goods 65
LincMs, 6,
Aipcrfliious
ijiina, botli
procured
Commerce,
ity to War,
he Pains of
>c from tlie
vcs the ma-
lahUflimcnt
fport tliein-
wherc they
non, as alfb
Copper and
iHandine all
Princeu, oa
vn aConcef-
nothing on
in Shipping,
:hief Articles
Boards, Gft*.
Jrandy, Dra-
yr hardly con-
, Fruits from
:hey can leaft
;at Quantities
\ much more
almoll two-
»at tran faded
f their Needs,
:hs.
ociated ; Fo-
c Subjefts of
whofe Port is
ngerous.
itics, in their
cd to France,
c People who
/oollcns, and
the mod con-
fclves Mailers
c great Loans
i 01 the other
ities arc to be
ut paying any
find no Vent
llih' per Cent.
Duty.
Of ihe S O U N D, ^c. 841
Duty. I have already mentioned in the Sedion of this Country's Trade with us,
the Mcrchandifc we import from thence, and fljall only add a Remark here con-
cerning Copper, whofe Purchase is always made with ready Money ; that it is
better cfTcdtcd in Winter than Summer, as in this latter Seafon it is only to be
had at fccond I land, fo that confcquently in the former, it may be procured beft
and cheapen.
The cultivated Lands of this Kingdom are fertile enough, though the major
part have but little Depth ; barren Soils manured with the burnt Aflics of the
Trees that grow here, often produce a very abundant Crop, without any other
Tilling or Improvement, than the bare covering of the Seed. If the Inhabitants
were indullrious beyond what meer NeccITity forces them to, it would not be
ditlicult for them to raife a Sufficiency of Grain, at leaft to fupply their Wants }
but by their Mifmanagcment they cannot fubfift without Supplies from Livonia
and other Parts of Germany, bordering on the Baltick, which however are of no
Service to the pooi People, who live diftant from thcfc commercial Reliefs, and
are obliged in a Dearth, to grind the Grain of Beech Trees Bark, and make it into
Bread.
The Wool which their Sheep produce, is extremely coarfe, and can only ferve
to make Cloathing for the Peafants ; their Horfcs are fmall, efpccially in the
Dutchy of h inland, but they are hardy, ftrong and vigorous ; here arc a Quantity
of favagc Animals, of which the Natives hunt and eat the Bears, Elks, Deer,
Gfc. and take the Wolves, Foxes, wild Cats, and Ibmc others, for their Furs.
The principal Lakes of Sweden, arc the IVeter, Wener, and the Meier, which,
with many others, are not ill provided with Fi(h, fuch as Salmons, Pikes, Perch,
Tench, Trouts, Eels, and fcveral other Sorts unknown elfewhcre ; here is, above
all, an Infinitude of Streamlings, a Fifli fmaller than a Herring, which arc failed
in Barrels, and diftributed all over the Country : and befides thefe, the North'
Bottom, or the Bay that feparates Stteden from the Dutchy of Finland, is fo abun-
dant in Seals, that a large Quantity of Oil is extraifted from them, and tranfported
to diverfe Places. In the Lakes of Finland, vaft Numbers of Jacks are taken, of
which feme are falted, and others dried, and afterwards fold to very good Ad-
vantage.
Among the Mines of this Kingdom there !s one of Silver, which is about one
hundred and forty-five Braces deep, and yields, after great Labour and Trouble,
near the Value of twenty thoufand Crowns of fine Silver yearly, though this is
not above Four per Cent. Profit. The Profundity of the Copper Mine does not
exceed eightef-n Braces; it is of a 'great Extent, but fubjedt to Damage from
Time to Time, by the falling in of the Vault, which however is not all Lofs, as
the Mineral procured from the Rubbifh makes fome Amends, though the De-
triment of this Occurrence is always confiderable. The Copper that is annually
extracted from this Mine produces about two hundred thoufand French Livres,
of which the King has one-fourth Part, befides twenty-five per Cent, on all the
Ore carried away uncleanfed ; and he has the Preference of all the Silver to take it
at one-fourth Part lefs than its Worth.
The Mines and Forges of Iron are here alfo very numerous, efpecially in the
mountainous Parts, where there are commodious Water-falls to turn the Mills,
fo that befides the Iron ufed in the Country, there is yearly exported for near
the Value of three hundred thoufand Livres. At Stockholm, and the Caftle of
Jencopingb, near the Frontiers of Denmark, arc large Magazines filled with this
Metal, brought from Oerbro in Nervia, as Opportunities oiicr, and of which they
arc continually making all Sorts of Fire Arms. For what regards thcfe Mines,
there is befides the inferior Courts, and Officers eftablilhed in many Places, a ge-
neral one, called the College of the Mines, which has its Seffions, or Aflemblies
at Stockholm, of which the Prefident of the Trsafury is generally the Chief, af-
fifted by a Vicc-Prefident, and other Afleffors j the Laws arc in this more exad
and circumftantial, than thofe for any other AfFairs, and Juftice is commonly
adminiftcred here with a great deal of Care.
This Nation has no Settlements in America, though the Great Gujlavus Adol-
phus had projedtcd a Company for the other Indies ; and his Letters Patents given
uu this Occafion the )4tij of June, 1626, are yet extant, by which he invited
10 £ his
i-
K.X
r.y,'
IT
842 0//y&<r General Trade of the WORLD.
his Subjcfli to nn Engagement in it) but the Wars which rendered him lb fii-
inou8> and wherein he fucrificcd his Life in the Arms ot Vi<flory, hindered the
Execution of his Scheme, which died with him, as it is not known that any of
his Succcffors followed it, at lead it was never till latelv put in Execution i it is
true, that in the Reign of Chrijlina hii Daughter, (fo known and celebrated for
her Love of the Belles Lettres, and her Abdication of the SweJijh Crown) her Sub-
jcdls attempted Ibme Settlements in the H^ejl-lndies, where they fent a Colony,
and called their Ellablifliment New Sweden, and the City they built there Chri-
jlina i but this laftcd not long, as they were drove out by the Dutch j and no
other Eftabliflimcnts have been made, or Charters granted, either in j1/ia or Ame-
rica, till the 14th oi June, 1731, when his iwJ/y/j Majerty founded a Company,
by Letters Patents in Favour of Henry Koning, and his Aflbciatcs, whofe chief
End was to commence and regulate a Navigation and Trade, to certain Parts
and Places in the Eajl-Indies, where the other Powers oi Europe had not ac-
2uired any Jurifdidion or particular Right of Trade. This Patent gives the faid
'ompany a Liberty to fail to, and trade in all Places beyond the Cape of GW-
Hope, where other Nations have a free Commerce, for the Space of fifteen Years,
but they are not to extend their Trade to any Port belonging to other European
Princes or States without their Leave. The Ships employed in this Trade ihall
always fail from Gottenburgb, and return there to unload ; and the Company fhall
pay the King and Crown, during the faid fifteen Years, a hundred Dalers Silber-
munt per Lafl, for every VelTel they employ and load for the faid Traflick, ac-
cording to their Size; for which Purpole they Ihall be mcafured before their
Departure from Gottenburgb, and this impoA to be paid in Carolins in Specie, fix
Months after their Return j and the Company rtinll alio pay for the Goods they
(hall bring from the Eajl-Indiet, Two Da/en Silbermunt per Lajl, in Lieu of the
City Duties. The Company may fit out what Number of Ships they think pro-
per, on Condition that they be bought or built in Sweden, and furnilhcd tnere
with all the necclTary Materials, provided fuch Ships and Materials are to be had
there ; but if not, the Company has: Liberty to procure them where moft con-
venient, only to regard benefiting the Fabricks, Produds, and Manufadlures of
Sweden all poflible. The faid Ships Ihall carry the Swedijh Merchant Colours,
and be provided with CommilTions figned by his Majcfty, and PalTports from
Algien. The Company may employ in their Trade what Funds they judge con-
venient, and raife them cither, by -■ ubfcription, or othcrwife, as they think proper ;
they n-'ay alfo put aboard their Vefllls what Guns and Ammunition they Ihall
want J all Sorts of Merchandize and Produds; Silver coined, or otherwife, except-
ing the Sj^ccics of the Country, bearing the Arms of his Majefty and Sweden ; and
inlike Mr.:iner mny bring back, unload, and Icll, whatever Goods they will. The
Ships lliill not be ftopt from Sailing, or hindered coming into Port on their Re-
turn, on any Pretext whatlbevcr. The Wood and Materials which the faid Com-
pany fliall tranfport from one Part of Sweden to another, or from any foreign
Place, for the Conftrudion or Refitting of their Ships, Ihall be exempt from all
Duties, as their necelfary Provifions and Stores Ihall be ) provided that after their
Declaration at the Cuftcmhoufe, and put under Lock and Key in the Company's
Warehoufes, till the Time of their embarking, they pay the Cuftomhoufc one-
eighth per Cent. Recognition. But for the Produds and Fruits of Sweden, where-
with the Ships may be loadcn for India, they Ihall pay the cuftomary Duties,
according to the TariiF, as alfo thofe of the City, The flopping of the Goods
brought home, on carrying from the Ships 10 the Magazines, or from one City
to another, is prohibited, after Payment of thofe before Aipulated ro the King.
The Captains Ihall, for the Difcipline of their Sailori and Soldiers, ha -e the fame
Authority, as Commanders of the King's Ships, though they Ihall conform to the
Company's Inftrudions in every Particular relative to their Navigation and '''rade,
provided they are in nothing contradidory to this .prefent Grant. None of the
Equipage of the faid Ship fliall be forced into the King's Service, nor that of
aJiy other whatfoevcr : But it is not permitted to employ other Soldiers or Sailors
who have defertcd his Majefty 's Service. They have a Faculty toarreft (by the
Magiftracy of the Place) all Soldiers or Sailors who lliall have run away, before
the Time clapled, that they had engaged for. The Ships having delivered, and
3 fold
Of SWITZERLAND, Ifc,
(bW their homeward-bound Cargoes, tlic Purchafcr:* Hull nay no Ex|H)ri or any
other Duties, whether they fend the Good;* to fome other Port in SwcMn, or di-
reftly to a foreign o..., except one-eighteenth A<t Cent, called Recognition. The
Diredtion of the Company fliall always conlift of at lead three Perfons of Ex-
Serience and Probity, who arc to be cither Wtrn or n.Uinalizcd in Snwlifi, and
Lefidents there j and the faid Company may make fiieh Regulations as they flull
judge convenient, provided they arc not contradidlory to the Articles of this prc-
ftnt Privilege. Tnc Company may appoint what Number of Supercargoes, Of-
ficers, Sailors, Soldiers, &i\ they (liall deem ncceflary, whether Natives or Fo-
fcigners, which latter fhall enjoy the fame Privileges as Swedijh Subjedls i or the
Stock of Strangers, or others intereded and engaged in the faid Company, (hall not
be arrefted on any Pretence whatfoever j and his Majefty will naturalize all fuch
S8 (hall apply for it, according to their Qiiality and Condition. If it happens that
the Company, or thofc employed by them, be molefted, ill ufed, or hindered
in their Trade by any one, or in any Part of the World whatfoever \ his Majclly
grants them full Power to obtain Satisfaction, and do themfelvcs Juftice by every
convenient Means, and to repulfe all Violence ; regarding thofc as Pirates and
publick Enemies who offer it, his Majedy willing that the faid Power he ex-
prefily 'nfertcd, in all the CommifTjons he (hall fign j and if, contrary to all Ilx-
pedtation, the faid Ships (hould be attacked or taken, his MajcAy, after having
examined the Injury done them, and found that they had in nothing a<fled con-
trary to the iirtl Article of this Chapter, will grant them his Protection, and fuf-
ficient Power to obtain Jufticc, and an entire Indemnity, either by Way of Rc-
prifals, or in the fpecdicll Manner poiTible. All other Suhjcds arc prohibited
during the faid Term, to carry on any Trade to the Eajl-Indics, on Penalty of
his Majcfty's Difpleafurc, and Confifcation of their Ships, Effedls, ^c. Mis Ma-
jefty promifes to change or augment the Privileges contained in the prefcnt, if it
fhall be found neccfTary, for the ?romotlon of tlie faid Commerce. Given at
Stockholm at the Senate, ^c.
843
It
f
*
i
Dldicrs or Sailors
Of tbi Commerce of Switzerland and Geneva.
HpHE Swifs, fo famous for their Candour, Fidelity and Bravery, are alfo equally
■*• celebrated for the Trade which the principal Cities of their Cantons tranfadt
with Strangers. The Situation of their Country between France, Germany and
Itafy, joined to the profound Peace they have always enjoyed, and to the Fa-
cility of Tranfportation, by means of the Rivers ii/i/>j(f and /?/6>>;(' that flow from
their Territories, occafions their Traffick with thofc States, and the Low Countries,
to be very confiderablc, efpecially in the Time of War, between the Powers who
EofTefs them. By the Rhine, Switzerland has a Communication with the Ocean;
y the Rhone with the Mediterranean ; and it may be faid, that it even makes
the Communication of the two Seasj fincc that of the Rhone may be gone
up as far as Seyjfel, fcvcn Leagues from Geneva, where the Goods embarked for
Marges, arc tranfported to Tverdun, and from thence go by Water, even to lIoU
land; there being a Canal of Communication between Morges and Tverdun be-
gun, and which may be fini(hed at a fmall Expt-ncc.
Within Land, the Tranfportation of Goods from one Place to another is eafily
performed by Means of the Rivers with which it abounds, notwithftanding the
Mountains crofs the Country in many l laces.
Switzerland is in no Lack of any Commodity nccefTary to the Support of Life j
Wood, Corn, Wine, Cattle, Sheep (whofe Wool may be employed in making
Cloathing) and Flax, are here in great Abundance; (o that Salt in part is their
only Want ; but the Tirol, Franche-Compte, and Bavaria, are forward to furnilh
it, fo that this Article is not an Objeft of Commerce, being one of the Revenues
of the State, who alone manage this Bufinefs, and fell this Commodity at a very
moderate Price : Sometime fincc a Mine of Rock Salt was difcovered near Aigle
in the Canton of Berne, on the Frontiers oiValay; but this, at moft, can only
farnidi one-third of what is necelTary for the Country of Vaud.
France
m
h't i(}:
u
•V >
w s, ■<;;
It :V'-
Pfe':,- . . ■■■■'■
844 0/ the General Trade 0/ /EWORLD.
Frantf furnifhcK towards the general Importv of this Country, Salt from Francbt-
Comptf i Wine from liurgunJyi Gold, Silver and Silk Mtinufiidturcs from Lyons i
and many light Woollen Stuni, made in the I'rovincei bordering on the Can-
tons.
It has from Germany all Sorti of Mercery, and particularly from Nurtmburg a
great Qii.intity uf H.irtI Ware \ and Hides from Framjort.
Italy, cipccially l^tdmont, lends it ordinary Silkn, Organzines, and Fleureti
^un, unl'pun, or raw. And HolLinJ fupplicK it with Cloth, Serges, Flannels,
CallimanKHs, painted Linrns, Muflins, Caml>rick)>, Cotton, Ivory, Dying and
Medicinal Drugs, Spice, Tea, Chocolate, Whalebone, Rtijfia IVwiKi, And India
Sillci.
If we examine what SvitzcrlanJ imports from foreign Parts, cfpecially from
Franir, it will be found, that it is Luxury more than NcceHity obliges it tu
have Rccourfe there j fo that ibme Cantons, convinced of this Truth, and per-
fuaded that good Magiltrates ought to endeavour as much ns is dependant on tncm
to eradicate this Vice, have enadtcd fumptiiary Laws, prohibiting Jewels, and the
l^fc of all Gold and Silver in their Furniture, or on their Clotlis ; Silks of an
excefTivc Price, and even the Fntry of foreign Wine, is very fcvercly forbidden
in the Canton of lii-rnf, which Laws arc regarded as a Means to hinder the Coin
from going out of the Country.
The Commodities which cither the Growth or Manufadlures of Switzerland
produce, are various, according to the different Genius of the Natives in their
rcfpcdtive Situations, which I mall defcribc, and begin firft with Zuriti, Capital
of the chief Canton, which is feated on a fine Lake very abundant in Fi/li, from
whence the Limmat flows, that divides the City in two Tarts, whofe Communica-
tion is by two fine Wooden Bridges. Although Ziirick has but few Bailiages,
it is one of the richeft Cantons by the Trade and Fabricks which its Inhabitants
have attradled and let up among them, and which have flouridicd beyond their
moft fanguine Fxpedlation. It is certain, that the Zurickers have a Genius that
qualifies them foi Imitation, and the Feafant a Patience and Attachment to La-
hour, which aflllU them marvelloufly in it j and as they work cheap, it is a con-
fiderablc Aiivrr.taee to them, and recommends their Goods to a ready Sale j thus,
thouj-.h the Merchant and Artificer gain but little, Zurick poflefles great Riches,
a plain Indication of the good LlfcdU that Manui'adlurcs, and Diligence ia them,
produces.
Commerce is properly fpcaking the Bufinefs o( Zurick, the particular ObjcA
of its Induftry, and the determined ruling Tafte ; the moft conllderablc Men of
the City (In not difdain to infcrcft themfclves in Trade, but apply to it with the
fame Diligence, as the inferior Citizens, and their great Riches never renders
their Aflicluity, Patience, and neccflary Labour, to augment their Manufadures,
and perfect their Works, irklumc ; this is what makes their Republick fiourilh,
and that has railed it to the Degree of Power it at prefent poflefles.
The Silks and Organzines, which the Zurickers buy yearly in the Trcntin, Italy,
and Piedmont, to twill or throw, employ a great many People, and the Sale which
they afterwards have for them in England, France, Holland, and clfcwhcre, is
very tonfiderable ; they alfo employ great Quantities of Silk in their own Manu-
factures, wi ought feparately in feveral Stuffs, Handkerchiefs, Crapes, G'f. mixt
with WorP.cd, Cotton, 1 bread, or Ferret ; large Parcels of Cotton is alfo fpun
here, for the aforcfaid F"abricks ; Cotton Linen is made for Printing, as are
Stotkinps and Handkerchiefs of the fame Material, the fineft being wrought into
Mullins ; and towards the End of the laft Century, the Art of drawing Gold and
Silver Wire, was introduced here.
Wintcrthcur is a privileged City of theaforefaid Canton, whofc various Manu-
factures have brought it into great Reputation and Trade; here are made Muf-
lins, Cravats, Handkerchiefs, Cotton Cloth, Woollen Crapes, Callimancoes, Sat-
trns, Danv'fks, and Camblcts in Imitation of the EngliJIj. The Cotton is Ipun
here, where they alio dye well.
Zttrzach is rendtrcd noted for its two Fairs held here at Pcntccojl and St.
Vercna (at the End of JluguJiJ which attrad a great Number of Merchants frgm
divcrfl' Countries : And
Schajfloufe
¥H \
■' n.
Of S W I 1 Z K R I, A N n, ^c.
{{chnfiUuft it the twelfth Canton, and ilic Staple for Steel, Copper, Lattin
Wire- in Kolls and Unnds, which the i'cy/j get trom .SV/r/i;, Sahhourg, llun-
fiiry, (ic. nuny ThingN arc »a(l luro, and u Variety of Works c-lhhiilhcd, of
iiittnnv Miiin^R for Bridli-s, Co.kI) Karncll'ci, and lottons printed i though
its Trade lirtcrent from lliat of //<;/(/, except in the aforel.iid Artiilc,
n-! it rninillic' but little to the other Cantons. It is not larj e, hut the Soil very
i;ood and fertile in Wheat and Fruits, abundant in I'ulturagc, and pi mlutcs excel-
lent Wincii.
Hffuf ; for to give fomc Idea of the Trade of this City an»l Cantor whiih i«
the bi}»j;cll of all, it will not be improper to reprelrnt to my Keadcr its Fertility in
CJrain, Wine, i'allurat^e, Reck Salt, and Iron Mine*.
The Commerce of i lorfes and other Cattle bringH in here large Sums of
Money; that of (Jrain is a principal Article » the White Wines of the Coall and
the Fiiud arc very much cllccmcd j of which the Cantons of h'tHourg, and So-
liurf, confumc a great doal. Its Manufactures confill in the Ijiiiniing of hdk Fer-
ret, which employs more than four thotidmd I'erlbns ; in I.inrns and Hempen
Cloths of . M Sorts, DimiticN, Cotton Cloth for printing. Silk Stuff's, and others
with Silk and Cotton, I'lanncls, Cotton and VVool, Cotton and Thread, Silk,
Worfted, Cotton, and Thread Stockings, Ferrets, Tapes, and tine Paper. The
created Fart of thefc ManufadUircs owe their Kllablilliment to the I'rcncb, who
in the Capital found an Afylum from their Perfecution, andSuccourH beyond their
Hopes. The I'errct and ThrcacI find a Vent in France, Germany, and the other Parts
of tfwitscrliinil \ the F.inens and Tal)lc-cloths (of which here is made a prodigious
(iuantity) (c\\\\\ England, Frame, Spain \\\\y\ yipnerica ; thele being the flm•|^ and
bed of any wrought in ail the Cantons. The Dimities are very like thofc n( Holland
and Flanders ; many of the Cotton Cloths are printed in fevcral l""abricks, as
well in the City, as other Places of the Canton, and the reft arc (old lor the
fame life, to (ieneva, Neufchatel, Moral and Hale.
The Stocking Weavers get their Wools from Leipzig, which they have fpim
in the Manner as to make Stockings of two, three, and four Threads, ibid chiefly
in Italy, where their Beauty and CJoodncfs has brought this Fabrick into great
Efteem. The Silks muri'ifadured here fervc principally for the Confumption of
the Cantons, among which it (lands the fccond in Rank, though in Higncfs it
is one-third of the whole. It has many conlidcrable Towns and Places lubjccit to
it, where divcrfc Manufadtures arc cftabliihcd, or fomc Trade carried on > the
chief of which 1 (hall juft mention.
Rotirgdorff' is a Town engaged in a pretty confiderable Trafikk with Linen,
Thread an<t Hemp. Its Markets are frequent, and it abounds in Whitfters,
having bclidcs fevcral good I-'abricks of Cutlery Ware.
Langtall, is a large Village, famous for its Sales of Linens, Thread, Hemp and
riax. The Stci/j Merchants make very confiderable Purchafcs here of Linens (as
they come out of the Looms) Tape and Laces.
Araci, a fine Town fcatcd on the Aar, has fomc Manufadturcs of Worftcd
Sattins and Camblets, knit Stockings, Cotton Handkerchiefs, Cutlery Ware, and
Horn Combs. Hides and Skins are al(b prepared here for various Ulcs; and its
Neighbourhood (umifhes a Qi^iantity of I lempcn and Cotton Cloth.
Lintzbourg, a Town in the Neighbourhood oiArau, is lituatcd on a little River,
and has a Manufaftory for printing Linens ; Cotton is fpun here, and a large
Quiintity of Cloth made of that Commodity in this Bailiwick, which is one of
the richeft, and the moft conf: '•.•rable in the Canton j where is alio a Fabrick of
Hats, and Woollen knit Stockings.
Zojfingue is a tolerable large Town with many Privileges, and fiirnifties Trade
with fevcral Articles from its Fabricks, fuch as Flannels, Silk Ribbons and Fer-
rets, various Sorts of Cloth made with Cotton, and Wool, feparate and mixt ;
Cutlery Wart j and here arc al(b very good Linen Printers and Dyers.
Bruck, a Town on the Aar, is one of the great Pafles for Goods both by Land
and Water : the River here is very deep, and (hut in above the Town among
Rocks, that renders its Courfe extremely rapid, forming an Elbow called the Fttll
oJ'Bruck, which was formerly eftccmcd very dangsrous, but now the Boatmen
lo F do
845
i
I
^•^'
|::.i
,,...!? , fi
m.
H'-:
J-fT'
!,, i
846 0//>&^ General Trade o//A<? WORLD.
do not regard it as fuch : In the Town and Neighbourhood fome Woollen
Stockings are knit, and here arc alfo feveral Looms for weaving them.
Defides the Towns dependant on Bern aforementioned, fcated in the Country
oi Allemand, there are others in the Country oiVaud; the moft noted of which
I fliall nov. add.
Laufanne, the Capial Place of the FauJois, near the Lake Leman, is more
celebrated (or the Nobility who reiide here, and for the Learned, who have
adorned and ftill adorn its Academy, than for the Extent of its Trade. There
4re \jC*. few Parts, that in equal Limits enclofc fomuch Gentry : And Commerce
would flourilh here, as it is one of the fineft and moft fertile Countries in Europe,
if the Nobility had not imbi^sd the falfe Notion, of its being derogatory so their
Honour.
At this Place however are made fome Ratines, wove Stockings, fine Earthen
and Delft Ware ; but above all the Bookfellers Trade, and Printers Art, flourlHies
here in a great Degree, and is daily improved.
Oucby, on the Borders of the Lake, half a League from Laufanne, and which
ferves for its Port, is the Landing Place for Goodf coming from Milan and Valais,
by Vevay. Here are Halls built purely for the Reception of Merchandize, which
may alio be brougiir here from Geneva, if deftined for SwitzerlanJ.
Vevay, a pleafant Town, feated on the Lake Leman, half a League from the
Alps, maintains an cxtenfive Conmierce with Valois, Savoy, Piedmont, and the
Milanefe, from whence it gets a ;;jreat deal of Rice. This ic the Staple of the
Merchandizes that come I-nm th<'ie Countric, or that Switzerland fends thither ;
here is a Fabrick of Hats, Vv ^'len Stockings, cod fome M'orks of Horology. Its
Fairs arc very frequent by the Refort of Savoyards. Valuijans, and Mtntagnards,
and are above all confiderable for the Sale of Cheele, from whence Geneva and
Lvons are ps>rtly fupplied. Fevay is at prefent rich and populous, and its Inha-
bitants enjoy the Franchifc in France granted to the Swifs Nation j in its Neigh-
bourhood arc Quarries of fine Marble, and they have eftablidied there Water
Saws, which greatly facilitate the Works, fo that fix may operate at the fame
Time on one Block, w hich has put the Undertakers in a Condition to furnifh very
cheap Marble for inlaying Porticos and Halls according to the Modern Taflc,
and alfo to compofe Chimney Pieces, &f . which they do in a very grand Manner.
Morges, a Town alfo fituated on the Borders of the faid Lake, two Leagues
from Laufanne, is well built, and has a good inclofed Port. This is the Recep-
ticle of Goods from divcrfe Countries, that arrive here by Water and Land ; the
Genevan Barks tranfport here weekly the Merchandize that the Sioifs get from
Italy, Piedmont, Savoy, Daupbiny, Lyons, Languedoc, Provence, and Bourdeaux,
(by the Canal of Languedoc) and reload thofe which are arrived from England,
Holland, tiie North, Germany, and Switzerland, deftined for Geneva, Piedmont,
Italy, Spain, and the Southern Provinces of France.
Nyon, built in the fime Manner as the two preceding Places on the Banks of
the Lake Leman, is a great Pafs for Goods that this Town, Valais, and the Mi-
lanefe, export from feveral Provinces of France. Its Soil is as proper for Vines,
as that Part of the Country of Faud, bordering on the faid Lake, which produce
thole good Winc:i on the Coaft and Faud, liat arc fo much eftcemed j of which
the Tride of thefe latter in Switzerland, and thofe of the Coaft in foreign Coun-
tries is vci^ conlidcrable.
Copet, a .*hi2il Town two Leagues from Geneva, is noted for Clockwork, and
its large Fifliery.
Tverdon, a very agn cable Town, on the weftern Extremity of the Lake of
Neufchatel, is a confiderable tJtaple, or Depofit for Wine, Salt from Roche and 5^-
voy, and other Merchandize, fcr whole Reception here arc large Halls built,
which I'crve for no other Purpole. Its chief Trade however is that of Wine,
and Delft Ware made here.
Avenches, on a Hill near the Lake Moral, was the Capital of the Country of
the Helvetians ; it has a moft delightful Situation, and here arc found Ibme good
Remains of Antiquity. It is a great Pafs, and fome Years fince, the Natives
hfive made fome PlantPti'^ns of Tobacco, which, with thofe of Payerne, and its
Neighbourhood, very near furnidi a Sufficiency for the Canton's Confumption,
3 and
^"
(ft )k
0/ S W I T Z E R L A N D, ^c.
and produce a confiderable Revenue to the Inhabitants, whofe Soil being very
fertile, is likewife abundant in Grains and Fruits.
Payerne, a Town of the Country of Vaud, feated on the Broie, between Avenchet
and Moudon, U a »cry grrat Pafs. Its Territory is very fertile in Grain and Fruits,
and here are fine Phntatiois of Tobacco, out of which the Inhabitants prepare
the Rajpce, after the Score'; of CJerac, which Is in Efteem both at Home and
Abroail.
Moudon is an anc'cnc Town built on the aforefaid Kiver Broie, fruitful in Corn,
and a v:ry conHderable Pafs fo'- Merchandize by Land.
Mon t, fituated on the Lake of the fame Name, is the Staple for all the Wine
of the Country of f^aud, fcnt to Berne, and a great Pafs for Goods, both by Land
and Water. Linens are printed here, and the Town is dependant on Berne and
friiourg.
Granfon, feated on the Borderb of the Lake of Neufchatel, at a League from
Tverden, in alfo under the Dominion of Berne and Frihourg, and is the Staple of
Salt from Franche-Compte for Switzerland, m whofe Neighbourhood is a good Pa-
per Fabrick at a Place called La Motbe.
Lucerne is a Town built to the North of the Lake, at th?; Part where the Ruft
iffues, which enters the Aar, hcXovr Bruck, in its Way to the Rhine; hvr? are
diverfe Manufactories of Hempen, Flaxen and Cotton Cloths, Fuftians, Cotelines,
woollen knit Stockings, and fpinning of Cotton throughout all the Canton, which
abounds in Grain and Pafturage. It alfo breeds large herds of Cattle, with which
the Natives drive a great Trade, as they do in Cheefe for the Milanefe, from whence
the Sviifi receive in Return large Parcels of Rice.
This Town has an advantageous and convenient Situation, as being on the grand
Rout to Italy, by way of Monte St. Godard. And the Goods which have crofled
the Alps are tranfported from hence, by the Lake and River Ru/s, to the RAine,
which conveys them to the Ocean. The fmall Cantons that want Corn, provide
themfelves here with great Facility, the Lake washing thofe of Uri, Scbwitz,
and UttdenvaJd.
Uri is a Canton in the Vallies of the high Alps, and abounds in excellent Paf-
tures ; its principal Revenue confifts in Cattle, and its Cheefe finds a ready Sale in
Lomtardy. At Altorf, a chief Borough of the Canton, is eftabli(hed a Fabrick for
cutting and polifhing Cryftal, of which here are very fine Mines, and the Canton
produces feveral Sorts of Linen for various Ufes.
Scbwitz -, in this Canton are made Linens of Hemp and Flax, but Cattle and
Cheefe are the two great Branches of their Trade.
Underwald has a Revenue and Trade fimilar to the lafl mentioned, with the
Addition that here the Natives ipin the Thread they ufe in manufacturing their
Linen.
Zug is one of the moH: agreeable of the fmall Cantons, and its principal City
with the fame Name is well built, flanding on the Lake called alio Zug. The
Cduntry produces Corn, Wine, a great many Chefnuts, and has excellent Pafturesj
befides which here are Manufactures of Linen and Woollen Stuffs.
Claris, the Capital Town ot the Caruun, furnilhes green Cheefes, renowned for
their Goodnefs and Medicinal Virtues, given them by a certain inferted Herb,
which alfo produces their Colour, and they are called by the Inhabitants Scbabzi-
guer. Its Slate Quarries are reputed the fineft in Europe, and furni(h the Tops of
Tables of a furprizing Bignefs. This Canton is rich in Cattle^ and the Inhabitants
very laborious ; here is a great Deal of Cotton fpun. Part fold, and the Remain-
der employed in the ManufaClur'j of Switzerland-, and fome Linens and Stuffs
are made nerc according to thf; Cuftom of the Country.
Bajil is a City built on the Rbine, which divides it into two unequal Parts j
it is one of the mofl confiderable of Switzerland, although properly out of it,
and drives a Trade unequalled by any in that Country. Its Situation procures it
the Pafl*age of the Goods that come from England, Holland, the Nortb, and Ger-
many for the Cantons and Geneva, and for thofe which the Swifs and Genevans
fend to thofe Countries : the Trade of the Wools of Germany and Poland ; that
of Cloth and other Stuffs, Drugs and Spiccries, Metals and Furrs, is very con-
fiderable here, as are the Engagements in Exchanges : The Activity and Pene-
tration
847
i M,
. f '"n
■'•i;-:sitH
!■■ ' Ifl
i-j;;
n <
'. ^
848 0/ the General Trade of the WORLD.
tration of its Inliabitants liave long fincc rendered it noted for Trade, particu-
larly for Linens, whofc Fabriclis ars in a flourilhing Condition. It has aJfo feve-
ral Manufadlures of flowered Ribbons, which employ a great Number of Work-
men, and are fpread through Germany, SUefia, Hungary, and Bohemia, The Fa-
bricks of wove Stockings, Silk, ditto and Worfted, fet a great Nm 'ler of Looms
to work, whofc Products arc fent very diilant to be dilpofed of. The Manu-
fadlure in Imitation of Chints is brought to great Perfection, and docs not only
fupply the neighbouring Merchants, but many others m ch farther off. The
Paper of this City has been long noted for its Goodnefs ; and here are Letter
Founders, not only of the Charadiers of the living Languages, but alfo of Greek
and all the Oriental Tongues, which are uled all over Switzer/und, in France,
Germany, and elfcwhere ; Printing is likcwife a confulerable Part of the Buiinefs of
the Inhabitants ; among whom are alfo found Gold Beaters, very expert in their
Art ; Fabricks of Tobacco, excellent Dyers both of Silk and Wool, Whitfters,
&c.
St. Gall is a large fine City feated two Leagues from the Lake Conjlance, in a
narrow barren Valley, whofe Soil produces nothing but (irafs, notwithftanding
which, moll of the Inhabitants are rich, at leaft ver)' few of them ftreightencd
in their Circumftances ; their Wealth flowing in with their great Trade, which
chiefly confifts in Linen, whofe Confumption is very extraordinary all over Swit-
zerland, and abroad. This iJufinefs is fo confidcrable as to place the Weavers in
fome refpedts on a Level with the Nobility ; as they with the Gentry make the
firft of the twelve Tribes, of which this City is compofcd. The Manufactures of
Woollen Stuffs are here alfo in a flourishing Condition ; befides which, this City
being fo near the aforementioned Lake, and on the Road from Germany to Italy,
itferves as a Channel of Communication between them; audits Halls are the
Warehoufes for Goods that go and come.
Fribourg is a pretty large City, and Capital of the Canton bearing the fame
Na.ne, feated on the River Sane. Its Factories are extenfive, and the Country
very fine, being, next to Lucerne, the moft powerful of the Foman Catholick
Cantons; the Goodnefs of its Paftures, and the Fertility of its Soil, yield a very
confidcrable Income to the Inhabitants, whereby they are placed at Eafe, and are
not fo laborious as their Neighbours j fo that with the Exception of the Cheefe
Trade, they bring little to it, befides a few Hempen Linens, and fome Hats made
here. There is a Fabrick of Paper in the Neighbourhood, and a Printing-Oflice
in the City.
Gruicre, is a fmall Town in the Canton of Fribourg, noted for its excellent
Chccfes in all Europe ; and of which the Trade is fo very confidcrable, as to in-
duce fcvcral Merchants of this Canton to fettle Houfes at Lyons, for ncgociating
their Sales.
Sclcurre, the capital City of the Canton with the fame Nanje, has very fine
Fortifications, and is feated in a Couiitry extremely pleafant ; the y^//r dividing
the City into two unequal Parts. It ferves as a Depofite of the Goods imported
to Sii'ttzerland, by Way of Schaffhoufe and Bajil, and which are loaded for Yver-
don by the Lake of Bienne. At Olten, a fmall Town en the ylar, and dependant
on Solcurre, befides other Parts of the Canton, are made a Quantity of Woollen
knit Stockings, and fome Hats, and Cutlery Ware.
Apenxel is the principal Town of the Canton named therefrom, which is very
rich in Meadows and Parturage, fitly adapted to the Breed'ng of many Cattle, in
which this Territory abounds ; they alfo gro"' here a grc.it deal of Hemp and
Flax, which ferves ihe Inhabitants for a Winter's Employ in making Linens,
fold afterwards to St. Gall, but little diftant 4ierefrom.
Bienne, a Town fituated at fome Diftance above the Lake of this Name, between
. Soleurre and Neuji/jatel, Dependant on the Bilhop of Bafil, carries on a great
Trade in Deal Boards, commonly twenty-two or twenty-four Feet long, as alio in
other Wood for Building ; here are alfo inade Variety of Ribbons and I'crrets, and
it has good Tanneries, and fine Earth for Delft Ware.
Parent ree, a City and Caftle ferving for the Refidence of the P fliop of B^///,
where is made fine Eartiicn Ware, Gloves, and Woollen Stockings knit and
milled.
Mulhaujin,
0/ G E N E V A.
Mulhaufen is built on the River ///, five Leagues from Bafil, and allied with
the Swifs. It is feated in a very fertile Plain ; abundant in Grain and Wine, hav-
ing mere than fixty Manufadures of Cloth and Druggets j here is alfo made a
Quantity of Woollen knit and coarfc Silk wove Stockings, and Blankets ; befides
which, the Place affords very good Dyers and Tanners, who have fufficient Oc-
cupation in their different Employs.
Neufchatcl, is a Swifs City, Capital of the Principality of this Name; it is feated
on the Borders of a Lake, whicn communicates with thofc of Morut and Biemif,
and difchargcs itfelf that Way, into the Aar and the Rhine, which extremely -
cilitatcs its Trade, not only with the refl oi Switzerland, but alfo with Germany
and Holland, for which Places VefTels depart twice a Year with Goods and Paf-
fengcrs ; it is a very plcafant Voyage, and is generally performed in fifteen Days.
All the Subjedts of this Sovereignty are exempt from Tolls, Impofls, and other
Duties, as well for the Goods tney brine in, as thofe they export on their own
Accounts, neither are they obliged to declare the Contents of their Bales, or Cafes,
at entering, or going out, when the Merchandize belongs to them. Here are
three free Fairs in the Year, at which the Merchants pay noCuftoms on Imports,
and but a Trifle on Extrads. Their Trade is pretty extenfive, and here are Ma-
gazines, where Traders of the neighbouring Places may purchafe the various
Commodities from India, England, Holland, France, and Germany, at reafr nable
Prices.
The chief Fabricks of the Country are printed Cottons (in Imitation of Chints)
pufhed to a great Degree of Perfection, the Beauty and Vivacity of the Colours,
equalling tliofe of the befl AJiatick Performances ; here are alfo manufactured
Thread and Cotton Stockings, of which a great Confumption is made in Italy,
France, Sbain, Portugal, the American Ifles, and even in Holland, notwithftand-
ing the fine Fabricks of Harlem, the Dutch Merchants having diflinguifhed the
Goodnefs of the Thread and Work, befides a confiderable Difference in Price.
The Glovers Trade has been long in Repute, and the Thread is fpun finer here
than in Holland, to abo/e the Value of forty-five Shillings Sterling per Pound Dif-
ference. The Manufacture of Lace is fpread through the whole Canton ; the
common Sort are wrought in great Quantities in the Mountains, and a prodigious
Sale is made of them abroad j in the City, the Perfection of this Commodity is
pufhed to a Degree of Equality with thofe of Flanders for Beauty, and to furpafs
them a great deal in Quality; here are alfo made Linens and Tapes, and the Cha-
ir ns of Neufchiitel, is in great Efteem, it being fent to Italy, France and Germany.
The Village of Scrrieres, Dependant on this City, and which on Account of
its Proximity might be regarded as one of its Suburbs, is confiderable for the
many Wheels which the little River bearing its Name turns, without ever hav-
ing the leafl Interruption from the rougheft Winters, or dricft Summers, among
which are grinding Mills, Saws, Polifhers, Forges, Founderies, and Battery Works,
for Copper, Iron, and Paper j here arc alfo made Variety of Hard Ware, but the
!ron Wire and Cards of this Place, are (above all) in great Efteem.
The Medicinal and Vulnerary Herbs found here in great Abundance, its vaft
Herds of Cattle and Plenty of Corn and Wine, with every other Neceffary of
Life, proclaims the Fertility of the Country, in which a Refidence is rendered ftill
more agreeable by the Wholfomenefs of the Laws, which fecures the Property
and Liberty of the SubjeCl.
T'
0/ Gpueva,
'HIS City is celebrated for its Antiquity, for its advantageous Situation, for
the Number of its Inhabitants, and particularly for its great Trade, which
however was yet much more confiderable before the Removal of its Fairs to
Lyons, li is feated in one of the delightfulleft Countries of Europe, at the Ex-
tremity of tae Lake bearing its Name j and which facilitates a Commerce, that
the Induflry of its Inhabitants has rendered very extenfive. In refpeCl of whofe .
interior Part, this City may (with proper Limitations) be regarded as one of the
Storehoufcs of France, a Part of Germany, Switzerland, Piedmont and Italy, which
Countries it fupplies with all Sorts of Linens, Mullins, Chints, Drugs, Spice, Eng-
10 G Itjb,
'V
849
m
r
1
f ""it
!r
i\
*; 4--
'1. r
l 'I
850 0///6<r General Trade (///jtf WORLD.
/j^, French and Dutch Cloths, Porcelanes, Tea, Hard Ware from Germany and
Forejf, Scythes, Sivkli-s, Iron and Lattiii Wire, Gold and Silver Galloons and Lacej,
Stockings, Hats, jewels true and falfe, all Sorts of Clockwork, Variety of Files,
Steel of its own Growth and from Germany, Tin, wrought Copper, and Books
on all Suhjedls.
Independant of which Traffick, the diligent Inhabitants have carried it to the
nioft remote Countries, by interefting themfelves in Vovages to America, and the
Ifles ; but I (hall add a fhort Detail of what I have faid above of their Produdl.«
and Manufadturcs, as due to a City numbered among the mofl celebrated ones of
Europe.
Its Territories, though they arc not the moft fertile, do neverthelefs yield ex-
cellent Corn, and Wine both white and red of a good Quality j it has alfo Pa-
ftures futficient for the breeding and Support of its Cattle and the Rhofne furnifltes
it with Trout, of which fome of above thirty Pounds Weight arc exported, and
carried even as far as Paris.
Horologcry is however the moft confiderable Manufadture, which alone cafily
fubfifts near a quarter Part of the Men, Women, and Children dwelling here, who
are all profitably employed in the different Branches of this Art, and have brought
it to fuch Perfedtion, as to yield, I believe, only to England in it.
Gilding is alfo in a fiourifhing Condition here, where bilvcr Wire Is drawn
Gilt, as alfo with the deceitful Appearance of its being lb made only byfmoak-
ing, Gold and Silver Galloons, and Lacts are made of all Sorts and Qualities,
Embroideries of Silk in Variety of Shades and Colours, all of which are lent into
Germany, Italy, Portugal, Spain, and from thence to the Indies.
Another very confiderable Fabrick, is that of painted Linens in Imitation of
thofe performed by the Englijh and Dutch; which for Beauty of Dcfign, and Viva-
city of Colours, are only inferior to thofe of the faid two Nations.
The Bibliothccal and Printing Bufinefs is alfo very great here, and a material
Objedt of Trade, as the Liberty of the Prefs extends to all Sorts of Works, pro-
vided they contain nothing againft Religion in general, Princes, and good Morals,
fo that no Objection Is made againft Printing the Writings of the Romanijis againil
Protcjlantifm, but it Is performed with the greateft Exadlncfs and Fidelity j and
belidcs the Books printed here, the Libraries are aflbrted with all thofe that daily
appear in France, Italy, Holland, and Germany.
There is no Place of its Size, where more Jewels are compofed, both true and
falfe, than here ; and in general there reigns in this Sort of Work fo good a
Tafte, that the Trade which it attracts, cannot but engage the ingenious Artift,
to maintain the Reputation he has already acquired.
The Fabrick of Silk Stockings goes improving, and is got into fome Reputa-
tion, as is that of Velvets ; and I Ihould do Injuftice to the Arts, and thofe who
exccicife them, fhould I pafs them over in Silence, as here are Machinifts, Engra-
vers, Dcfigners, and Mathematical Inftrument Makers, who pradtife all thefe Em-
ploys with Succcfs and Credit ; not forgetting thofe celebrated Medallifts (Meflrs.
DqffierJ who will tranfmit to lateft Pofterity, the Delicacy and Grandeur of their
excellent Burin.
I fliall finifh this Article with the Defcriptlon of two Manufadturcs lately efta-
blifticd in the Country of Dardagny, dependant on the Sovereignty of Geneva.
Of which the firft is a Fabrick of Steel in Bars of any Size, that equals in Qua-
lity moll others made elfewhere, and which has for Offsprijig a Manufadlurc of
Files and Rafps of ail Sorts and Sizes.
The other is a Fabrick of Copper, producing all Aflbrtments that can be dc-
fircd in this Commodity, fuch as Bands, Cups of all Sizes, Plates, Chaldrons, and
an Alloy of Metals for all Ufes, and this on cheaper Terms than elfewhere.
The Correlpondcncc between the Merchants of this City, and thofe of Mur-
Jeillcs and Amjierdam, and the little Way there is by Land, for the Tranfporta-
tion of their Goods to the lUnnc and Rhofitc, facilitates that of the two Seas, fo
that tiierc is hardly a Place, howfoeverdiflant, where the other Nations of £:/ro/it>
fc-nd their Ships, that fome of the Genevans are not fceii as Partners, or Principals
in the Voyage.
Having
f
Of W E I G H T S, ^c.
Having now jinijhed the defcripthe Part of my Work., I proceed to
give an y^ccount of tie WziGHTSy Measures, aW Coins, as
my Propofals promifed j and I Jhall begin firji with thofe of my
own Country.
THE Weights in common Ufe throughout Great Britain, arc Troy and
Avoirdupois ; the former confiding of Grains, Pennyweights, Ounces, and
Pounds, whereof 24 Grains make a Pennyweight, 20 Pennyweights an Ounce,
and 12 Ounces a Pound, by which Bread (in Corporation Towns only) Gold,
Silver, and Apothecaries Medicines are weighed j and to this Weight Corn Mca-
fures are reduceable, as 8 lb. Troy makes a Gallon, 16 lb. a Peck, and confe-
quently 64 lb. a Bufhel ; Liquid Meafurcs are alfo dependant on it, as their Con-
cavities correfpond in their different Sizes thereto, from a Pint confiding of 1 2
Ounces (or a Pound) up to a Tun, containing 252 Gallons, and weighing 20 16 lb.
or 1 890 lb. Avoirdupois ; 2 Pints make a Quart, 4 Quarts a Gallon (containing
231 Cubical Inches) 63 Gallons a Hogfhead, 42 a Tierce, 126 a Pipe, and 252 a
Tun of Brandy, Cyder, Wine, &c.
Refiners and Jewellers alio make Ufe of this Weight in Part ; the former cal-
ling their fmalleft Fraftions Blanks, of which 24 make a Perit, 20 Perils a Droite,
20 Droites a Mite, 20 Mites a Grain, and then as above. The Jewellers divide
the Ounce into 152 Parts, or Carats, and tliefe into Grains, whereof four make
« Carat.
By Avoirdupoife Weight, all Grofs Goods and Bafe Metals are weighed, fuch
as Grocery, Roftn, Pitch, Tallow, Soap, Butter, Cheefe, Iron, Lead, Copper, Al-
lum, (Sc. its component Parts are Drams, Ounces, &c. of which 1 6 Drams make
an Ounce, r6 Ounces a Pound, 28 Pound a Quarter of a Hundred Weight, or n *
Pounds, and 20 Hundred Weight or 2240 Pound a Tun ; but befides this Hun-
dredweight there is another called the Stanncry Hundred, by which Tin, ©"r.
is weighed to the King. The Avoirdupois Ounce is lighter than the Troy Ounce,
■ by near a twelfth Part, 51 Ounces Troy being equal to 56 Avoirdupois; but the
Avoirdupois Pound is heavier than the Troy, 1 7 Pound of this latter being equal
to 14 Pound of the other.
Wool is generally fold by the Tod, or Clove, allowing 7 Pounds to the Clove,
14 Pounds to the Stone, 28 Pounds to the Tod, 128 Pounds to the Wey, 364
Pounds to the Sack, and 4368 Pounds to the Laft.
Lead is bought by the Fodder, which ^X. London, Netvcaflle, (3c. weighs 19^
Hundred Weight of 112 Pounds; but zx. Hull 19;- Stannery Hundred of 120
Pounds ; and at Cbejler, &c. it is flill different.
In EJex, Butier and Cheefe arc weighed by the Clove (or half Stone) being 8
Pounds, of which 32, or }.^6 Pound is a Wey; but in Suffolk 42 Cloves or 336
Pounds are allowed to the Wey. Of Butter a Firkin muft weigh 56 Pounds,
and that of Soap 60 Pounds, and 4 Firkins of either make a Barrel.
A Stone of Beef at London is 8 Pounds, but in the Country it is commonly 14
Pounds ; Horfc-Racers alfo reckon 14 Pounds to the Stone ; and it is the fame with
Iron, Shot, or Wool, double the Quantity of Iron and Shot being called a Quarter,
though a Stone of Sugar, Cinnamon, Nutmegs, Pepper or AUum. is but 134. Pound.
A Faggot of Steel is 1 20 Pound, and a Burden of Gad Steel 1 80 Pounds.
A Barrel of Gunpowder is 100 Pound, and 24 Barrels make a Lafl.
A Seam of Glafs is 24 Stone, (of 5 Pounds each) or 1 20 Pounds.
A Trufs of Hay 56 Pounds, and a Load or Tun of it 36 TrulFes.
Raw Silk is fold here by the Pound of 24 Ounces, or more properly one Pound
and a half Avoirdupois ; but Organcines, Tramcs, &c\ by the common Pound of 16
Ounces.
In France, Hulland, and mofl other Places of Europe, the Pound is termed
Mark Weight, by reafon that 2 Marks of 8 Ounces conipofe it, fo that in all
Places where this Pound is ufed, it confifts of 1 6 Ounces, as with us ; and as
moft Authors who have culculatcd the Correlpondency of thefe different Weights
have
8si
is
.;.U'.
<•
H' ''
■I
1
#•3' uils ■ •. J
*1 V i ".'
852 0/ the General Trade of the WORLD.
have taken thofe of ParU for a Standard, I Hiall follow their Example, as it is
eafy to reduce any not mentioned in the following Table by the Rule of Three,
and I (hall onlv take Notice of fuch as are not inferted therein, or that moke ufe
of more Weignts than one.
Co»;«fj^rrg reckon their Weights by Schipponds, confiding of 4c o lb. divided
into 10 Steens of 40 lb. each, 100 lb. of Ptfrii makes xzi^.oi Coningsberg, and
100 lb. of Coningsberg make 80 lb. of Paris, fo that the French Hundred of Salt
yields near i o Lads (which is little more than 40000 lb.) at this Place.
Dafit^Jck's Schippond confiils of 320 lb. containing 20 Licfponds of 16 lb. each,
of which ICO lb. makes 88 J lb. at Paris; and on the contrary, 1 00 lb. of this lafl
City makes 112 J lb. at Dantzick. The Hundred of Frf«t,6 Salt produces ii |
to 12 Dantzick Lafts, (the Laft of that Salt being 18 Tun) though the Laft of
this Commodity from Lunenbnurg and Haran is only 12 Tuns.
Elbing's Weights are the fa..ie with thofe of Dantzick.
Stefin's Schippond contains 180, and its Pierre 2 lib. the no lb. making
100 lb. of Paris. The hundred of Salt from France, yields here 10 Lafts.
Lubeci, the Schippond here is 300 lb. divided into 20 Liefponds of 1 5 lb. each j
and I CO lb. of this Place makes 95^ lb. of Paris, and loolb. of Paris 105 lb. of
Lubeci.
Brejlau, 100 lb. of this Place makes 80 lb. at Paris, and 100 lb. Parifiau makes
1251b. here.
Bremen's joolb. are reckoned equal to 971b. of Paris, and 100 lb. of Parit
are cfteemcd 103 lb. of Bremen.
Naumbourg makes ufe of the fame Weights as Leipjick, calculated in the Table.
Erfort computes icolb. to equal 92 lb. of Paris, and that 100 lb. of Paris,
makes io8|lb. here.
Berne, the 1 00 lb. here arc computed to make 901b. of Paris, and the 100 lb.
' of Paris to make 1 1 1 lb. of thefc.
Cologne'^ 100 lb. make 961b. ix. Paris, and lOolb. of Prfm are cq«al to 1041b.
here.
Ghent,
^rujjels,
. alines,
Bruges,
Lijle, 1 00 lb. of this Place makes 884 lb. of Pari', and 100 lb. of Paris maket
1141b. here.
5^. Malo commonly fuppofed to have its Weights equal with thofe of Paris,
though by fome reckoned to be 2 per Cent. lefs.
Bayonne has its Weights equal with thofe of Paris ; and at Lyons two Sorts of
Weights are in Ufe ; thofe of the City, by which all Species of Grofs Goods are
fold and whofe Pound confifting of 16 Ounces only makes 14 Ounces Mark
Weight : The other for Silk only, containing 1 5 Ounces the Mark, fo that 1 00 lb.
of Silk makes 108 Ib.Xity Weight.
Genoa, this C:ity has five Sorts of Weights, the firft called the Great Weight,
ufed in the Cuftomhoufe ; the fecond Cajh fVeights, for Plate and Coin j the third
Cantaro, or the common Qujntal, by which are weighed Grofs Goods that are
fold ; the fourth called the Great Balance, by which Raw Silks are weighed; and
the fifth is called the Small Balance, that ferves for weighing fine Goods.
90* Rotoli or Pounds, Great freight ■»
100 Rotoli Cap freight I
100 Rotoli Common Weight \ make 100 lb. of Paris.
J 44 lb. Great Balance \
J 53 lb. Small Balance J
Rome, 100 lb. of this City, makes within a Trifle ji'^Vo. at Paris, and 100 lb.
of Paris makes 140 lb. of Rome.
At Leghorn they make ufe of two Sorts of Weights, viz. great and fmall.
The Quintal is reckoned varioufly, according to the Specie of Goods fold by
it, viz. the Quintal of Roman Allum, of Poorjack, dried and pickled Herrings,
and
I
correfpond cxadlly in Weights with Antwerp.
¥^
)f Paris tnakei
liofc o( Pan's,
0/ W E I G H T S, e^r. 853
and falted Salmon; is fold here by that of 150 lb. The Qiuntal for Sugars 151 lb.
and for Wool and Pi(h 160 lb.
F/orence has the fame Weights as at Leghorn.
Lucca has likewife two Soru of Weights, viz.
Great Weight, of which 94I Rotoli, or Pounds? , lu r d •
Small Weight, of which 1414 Rotoli, or Poundsr»^* '°°^''- °^^'"""-
Palermo in Stcify ufes alfo two Sorts of Weighu, of which,
100 Rotoli, Great Weight 7 , ^ a \ r .\. CUiTlb.Jm •
100 lb. Small Weight ^ T*^* * T"''* *'^» *«"{ 65 lbj°^^*"'-
At Venice the Weights are likewife different, the Pound of the fmall Weight
confiding only of 12 Ounces, and the Pound of the great Weight i8^} of th«
fame Ounces ; or it is otherwife reckoned that
100 lb. great Weight makes 158 lb. finall Weight, and
100 lb. fmall Weight 634 lb. great Weighty
Iooib:Swei|hl}'"»'^"gl 6o"lb.V^'"^-
And.oolb.ofP.„>makeatr.«,4 -4 ISX^^rilJj:
Bolognc, 100 lb. of this Place makes 661b. At Paris, and 100 lb. oi Paris
makes 1514- lb. o( Bologne.
Bergame, like Venice, has two Sorts of Weights, viz. great and fmall ; this lat-
ter has only 12 Ounces to the Pound, and the great has 30 Ounces or 2^ fniall
Pounds. The fmall lerves for weighing Silk, Cochineal, Indigo, Wax, and other
Drugs } and the great for Wooll, and other Grofs Goods
The Weights of Naples are the fame with thefe oi Bergame.
Smyrna uks the Cantar, or Quintal, with its Fractions for the Weight of Goods.
The Quintal weighs 45 Oques, or Okkes, or 100 Routels.
The Batmen makes 6 Oques,
The Sechie 2 Ditto,
The Routel makes 180 Dragmes,
The Oque 400 Ditto.
The Quintal of ico Routels or 45 Oques as above, is equal to 1 14 lb. of Paris ;
on which Footing 100 lb. of Paris makes about 874. Routels of Smyrna.
It is reckoned that the Oque weighs a Trifle more than 2^ lb. of Paris, but
this is according to the Goods weighed by it.
Confiantinople has the heaviefl Weights in all the Levant, though they are dif-
tinguifhed as at Smyrna. The Quintal confiils of 45 Oques, and the Oque of
~ - •• .lb. of Parw,
II 1 24. lb. of Paris,
1 8 1 lb. of Venice,
160 lb. of Leghorn.
Being divided into Rottes, Oques, Batmens, &c. as at Sn^na.
Pit Aleppo, they make ufe of diverfe Sorts of Weights, viz.
The Quintal, or Cantar, of 100 Rottels, each confifling of 72c Dragmes.
The Surlo, which is 274 Rottels.
The Rottel, with which mofl Goods are weighed containing (as above) 720
Dragmes, which make 4W lb. of Paris.
The Rottel for weighing the Silks growing in the Neighbourhood, is of 700
Dragmes, and weighs ^^ lb. of Paris.
The Rotlct for weighing Perjian Silks, Legi de Burma, ArdafTe, and Ardaflete,
contains 680 Dragmes, and weighs 4^7 lb. oi Peris.
The DamaiTin Rottel, with which Brafs, Lattin Wire, Amber, Camphire,
Benzoin, Spikenard, Balm oi Mecca, and Aloes Wood, are weighed, contains
600 Dragmes, and makes 3|| lb. of Paris,
The Ok, or Oque, weighs 400 Dragmes.
The
10 H
400 Dragmes, correfponding to 2^^- '
It is reckoned that the Quintal of Conjlantinople weighs'^
.■• *\
1 ■
Ml
1
^54 Of the General Trade of the WdRLD.
Ihc Metkal, With wbkh Pearls and Ambefgreafe arc weighed, u i|Dragine.
xVb.oi Paris 1 fi56l
I lb. fmall Weight of VenictKtaakit at AUpfoX 98^Dragme8.
1 lb. great Weight of D* J U'»J
The Quintal of Tripoli make i J Quintal of Altpha of 720 Dragmes.
At SeyS^a (the anticnt Sidon) two Sorts of Weignts arc in ufc, viz.
The Kottel DamofTin, or Damafquin, bv which all Sorts of Silks and Cotton
Thread is foldi it is reckoned 60 o DragmeS, which make j^^lb. ofPor/V.
And the Acre, by which moft of the Grois Goods are fold, equal to 44 lb. of
Paris.
■ Alexandria makes ufe of a Cantar or Quintal for the weighing of Goods, which
varies according to the different Species weighed by it, as for fome it con-
fiAs only of too Rottels, andforother, 105, no, 112^, 115, ilo, 125,
130, and 13].
The Rottel Farfarin it 144 Dragmes, 100 of which Rottels are reckoned equal
to 1251b. o( Leghorn.
The Rottel Geromn is 312 Dragmes.
The Oi:ke, or Oque is 400 Dragmes.
The Cantar, or Quintal of 100 Rottels, is fuppofed equal to 1 20 lb. of Pan/.
Rofetto has its Weights the fame as thofe lau mentioned o( Aleitandria.
Grand Cairo make ufc of the Quintal, or Cantar of loo Rottels, for the
weighing moft of its Goods, reciToned equal to 88 lb. of Paru; though a
Quintal of Coffee yields 951b. at Amfterdam, which are (as has been ob-
ferved) the fame with thofc of Paris.
Thefe are all, or at leaft die Principal Places of Trade, whofe Weights are not
mentioned in the /ubfeqitent Table, fo that J have nothing more to add •a
thisSubjedt.
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856 Of the General Trade e/" /A? WORLD.
Mr. "Jtibn Ptttr RkarJ, having fumiflied ui in hit Book tntitled, Le Negoet
djimjitrtkm, and reveral other Authon in their different Works, with a CalcuU'
tion of the Agreement, which the feveral Corn Mcafurei of Eurept have, with
thofe ofthat City, I herewith dedicate it to my Reader's Service, in Hopea it may
be ufeful to many of them in their feminal Negociationi j but previous thereto, I
(hall ^ive fomc Account of the Fractions of the diiferent Meafurei mentioned
therein, and of thofe that arc not there inferted.
HJ.
iv^J'vf '•■■
mi'
'^»::;^.:,vr:i; ■■:■
The dry Meafures at Amflerdam for Com arc.
The Laft, containing 27 Muddes, or 30 Sacks.
The Mudde, containing 4 Schcpels.
The Sack, containing 3 Schepels j and Retailers All! divide
The Schepel into 4 Vicrdcvat, and
The Vierdevat into 8 Kops.
{of Wheat commonly weighs from 4600 to 4800 lb.")
of Rye 4300 to 4200 lb. (Mark Weight,
of Barley 3200 to 3400 lb. J
The Laft oi Monnikendam, Edam, and Purmtrtnt, is equal to that ot Am-
Jitrdam.
(of Hoorn |
jof EnkbuyfiA
The Laft (of Muyd'tn ) is of 2 2 Muddes, or 44 Sacks, and the Sack of 2 Schepelf .
jof Naardtn
\oiWtfop
The Laft of Haarltm u of 38 Sacks, and the Sack of 3 Schepels; 4 Schepels
making i Hoed of Rotterdam, and 14 Sacks, i Hoed of Dtlft.
The Laft of Alkmaar is of 36 Sacks j the Hoed 4 Schepels { but the Hoed it
5-8ths bigger than that of Rotterdam.
The Lair of Ley den, is of 44. Sacks, and the Sack of 8 Schepels.
The Laft of Rotterdam, Delft and Schiedam, is compofed of 20 Sacks, and the
Sack of 3 Schcpels, of which 10 2-3ds make an Hoedt (the Laft of thefe Places
being two per Cent, bigger than that of Amfierdam) and this Laft for Hemp-Seed
is alio of 29 Sacks, nnd for Linfced 24 Tons or Barils.
The Laft of Uort or Dordrecht is of 24 Sacks, the Sack of 8 Schapels, and 8
Sjcks make 1 Hoed. All Grains are bought and fold here by the Hoed, which
make 8 Barils or 32 :^chcpels, counting 4 Schepels to the BarU j and 3 Hoeds
make i Laft of ylwjhrJam.
The Laft of Gouda, or Tergouw, is of 28 Sacks, and tnc Sack of 3 Schepels j
32 Schcpels making i Hoed.
Four Hoed of Oudeiiatcr, Heufden, Gornichem, and Leerdam, make 5 Hoed of
Amjlcrdam : 2 Hoed of Gornichem make 5 Achtendeelen, or Huitiemes, and i
Laft, and 4 Hoed, mafte 5 Hoed of De//i.
Twenty-eight Achtendeelen or Huitiemes, of Ajperen, make 32 Huitiemes of
Rotterdam : 26 Huitiemes of Worcum, alfo make 32 Huitiemes of Rotterdam.
The Laft of Breda, for hard Grain, fuch as Wheat, Rye, Barley, and the like,
is of 33 I -half Vecrtels, or Quartieres J and the Laft of Oats is of 29 Veertels j
1 3 Vecrtels of hard Grain, making 1 Chapeau of Delft, and 14 Veertels of Ant-
lurp.
Corn Meafures of the Province of Utrecht.
The Laft of Utrecht confifts of 25 Muddes or Sacks ; 6 Muddes making 5
Moiiwcrs, and I o i -half Muddes or Sacks, i Hoed of Rotterdam.
The Lifi of Amerfort, is of 16 Muddes, or of 64 Schepels; 6 Muddct ma-
king 1 Sack, or 1 Hoed of Rotterdam.
The Laft of Montfcrt is of 2 1 Muddes, the Mudde making 2 Sacks, and the
Hoed containing 4I Huitiemes more than that of /ieWtr</<j»».
The Laft oiTfelJleyn contains 20 Muddes, each Mudde 2 Sacks, and the Hoed
3 Huitiemes more than that of Rotterdam.
The Laft of Fianen is alfo of 22 Muddes, the Mudde of 2 Sacks, and the Hoed
contains 2 Huitiemes more than that of Rotterdam.
X Corn
0/ W E I G H T S, ^f .
Com MMAiita in th« Provloct of Vryi.
lofCrwwiSKil «*«3HocdofR««,rA«.
Corn MraAirta of the Province of Gntlirt.
The LaA of Nkugtun ii of a 1 1 Mouwen. end that of Arnbm and DotAttrg of
as Mouwerii the Mouwer it 4 Schcpela, and 8 Mouwert malce i Hoed of
The Laft cSThitl coniiAi of ai Muddcit the Iloed of Rttterdam t.'ag an
Achteling or Huitieme bigger.
The ijA oi RttnxnnJti n 0' 68 Schepeli, or Archteliogi t 100 Veertc! or
Quarticri, malting i Hoed of Rotterdam.
The Laft of Bammi'u oft AchtendecUi or 18 Mudde* greater than that o.*"
Rotterdam.
At HM'deruyk it ii reckoned that eleven Muddes make 10 of AmJierJtm.
Corn Me«furei of the Province of Over-TJlel.
The Laft of CfM^^A contains 24^ Muddes for Wheat, of which 9 make i Hoed
of Rotterdam.
The Laft of Ztool is of 26 Sacks* or 9 Muddes, which make i Hoed of
Rotterdam.
The Laft of Deventer is of 36 Muddes, counting 4 8chepcls to the Mudde.
Com Meafiires of the Province of Z#4i/4tW.
The Laft of MiddUbourg ii reckoned 41 Socks and 1 Achtcndecl) leckoning
a Achtendeels to the Sack.
The Laft of Vliffingen or Fl^ngue, end that of Veer or Terveer is of thirty
Sacks.
The Laft of Ziriekzee, Ter-Goes, Bemmtne, Tertolen, Staveaes and Dvjvtlant is
»$r
1
1 1 '
of 37^ Sacks.
The
LaftofSMMSA^, DtrUbnd, Middlebarnts, Oeltie^laat, Pays difUfiten,
and La BriUe, is of 38^ Sacks ; but all thdc afbreiiud Meafuret are raducible, and
near equal to the Laft of MiddMmrg, becaulis aj- Achtendeels make the Zetland
Sack, or the iiliddUwrt Sack of two Achtendeels, as abovc-Qisntiooed.
Corn meaAirea for the Provioce of Br^^t.
The Laft of Antwerp for Wheat is of 374. Verteels or Quariieres^ and ^at for
Oats of 37. The Verteel being divided into four Mukcos, and 1 4 Vcertels nak-
iqg the Hoed c£ Rotterdam.
At Brtifeb ts Sacks arc reckoned for an An^trdam Laft of Wheat.
The Laft at Maknts i« of 344. Verteels ) the i co Verteels making 108 oS A/it'
loerp, and 1 2 Verteels making 29 Achtendeels of Delft.
The Laft of Lauvam is of 27 Muddes. and (the Mudde of 8 Halfters.
The Laft of Breda for Wheat is of 33I Veertels, and of 29 Sot Oats j the 13
Veertels making 1 8 Sacks, or i Hoed of Rotterdam.
The Laft of Stetiibergen i* of 3$ Veertels.
The Laft of Bergen-ep-zoom h of 63 Sifters for Wheat, and »B^ for Oats.
The Laft of Boijleduf is of »o4 Mouwers, of which 8 naake i Hoed of
' Rotterdam.
Coax Meafures of Fkudert.
The Laft of Ghent contatos c^ Halfters for Wheat, and 38 for Oats ; 12
Halfters making 1 Mudde, or 6 Sacks, fo that each Sack is 2 Halfters, and Corn
is bought and ^d here by Mnddes or Halfters.
The Laft of Bruges is of 17^ Hoed for Wheat, and 14^ for Oats, which makes
one Laft of Amfterdam, and one Hoed of this Place yields 444 Achtendeels of
Ddji.
The Laft of St. Omer is of 224. Razieres.
The Laft of Dixmude Bat Wheat is reckoned to be 30I Raziera. and *4 Raziers
for Oats i the Razier making 2 Schepels of Rotterdam.
The Laft of Li/le confifts of 38 Raziers for Wheat, and 30 Raziers for Oats,
the Razier making 2 Schepels of Rotterdam.
Eighteen Raziers of Dunkirk make 1 Hoed of Rotterdam i Sea Meafure is 9
Raziert, which weigh 280 to 2901b. Mark Weight each, but the Land Razier
only weighs 245 lb. of the faid Weight.
10 I At
4','S
m
i> 4
I
; I
&:■'
■?
if'
858 0//Ar Generai, Trade 0/ /EWORLD.
At Oravtlintt la Rtfetcn ' reckoned to the Liift of Wheat, and 18; for Oati.
Corn Medfurri of the Country of Ltigt.
The Laft of Leigt ii 06 Seticm, and the Svtier conlifti of 8 Miiddfi,
The La(l of Tonrra tor Wheat ii 15 Mudt^et, and for Oat* 14*1 )
C om Mcafiire* of Ortat-Britiiht and IrtlanJ.
TheLall ofthcfe Iflands contains 10; Charters 1 the(|narter it K Buthela, and
each Bulhcl 8 Gallon*, or 4 Pccki 1 the \,m licin^ caual to that 01 y/m/rrt/am. v
Corn Meafurcs of fcvcral I'Uccs in tlic North. \
The La(V of Dantzick is equal to that oi Amjitrdamt it being rccKcncd com-
monly to weigh >6 Schipponds of 340 lb. each, nuking 5440 lb. ftr LaU, Dsnf-
zick V> eicht, for Wheat j though the Laft for Rye ii only counted 1 5 Schipponds,
or 5 1 00 lb.
The Laft of Comngjherg isalfoequuiio x\\%t of AmJItrtiam, and Com 11 bought
and told here by Guilders and Groi of Poland.
The Lad of Riga contains 46 Loonens, whidh make a Loft of Amfttrdam \
Corn Iclls here for Rixdollars of 3 Guilden, or 90 Groi.
The Lad of Coprnbagen is of 4s Tons, or 80 Schcppels, though it varies ac-
cording to the different Sorts of Cirain, even as far as to 96 Siheppcls.
In Sweden, the Laft is reckoned 23 Tuns.
The Lail of Hamburgh contains 90 Schcppels, 1 2 of which Lads make 1 3 of
Amjierdam.
The Laft of Luheck is 85 Schcppels, of which 95 make a Laii of Amjitrdam.
The Laft of Embden conufts of 1 5 i Tuns. And
24 haAi of Bremen make 23 ofAmJItrdam.
Corn Meafurcs in Icvcral Parts of Franee.
The chief Meafure for Grain, is called at Path, and in many other Cities of
that Kingdom, a Muid, which is divided into la Setiers, and thebetier into 12
BoifTcaux, or Bufliels ; the Seticr for Wheat is again divided into 2 Mines, the
Mine into 2 Minots, and the Minot into 3 BoilTeaux. The Setter of good Wheat
ought to weigh from 244 to 248 lb. Mark.
The Seticr " Oats is divided into 24 Boifleaux, the Boiflcaux into 4 Picotins,
the Picotin into 8 Demi-quarts, and the Demi-quart into 2 Litrons.
The Muid, or 12 Setiers of Paris, make 17 Muddes of Amjierdam, and 19 Se-
tiers the Amjierdam Laft.
The MyxiA of Rouen contains ta Setiers, making 14 Setiers of Pitris, which
Muid ought to weigh 33601b. Mark Weight of Wheat, «• the Sctier weighs
about 280 lb. which is divided into 2 Mines, and the Mine into 4 Boifleaux ) 4
Muids are equal to 3 Lafts of Amjierdam, 6 betters making 1 o Muddes, or 1 .j. Muid
an Amjierdam Laft.
The Muid of Orleans ought to weigh 600 lb. it it divided into 12 Mines, and
makes i ^ Setiers of Paris, 5 BoilTeaux of Bourdtaux, or 3 J. Muddes of Am-
jierdam.
The Meafure for Corn ufcd at Lyom is called an Afn^, which is divided into
6 Bichets, or Boifleaux, and makes near i| Setier of Paris, or 34. Boifleaux of
Bourdeaux ; fo that 4 Afn^ make 7 Muddes of Amjierdam.
8 Boifleaux of Roan make i Setier of Paris, or 1 J. Mudde of Amjierdam.
3 Afnccs of Macon make 7 Muddes of Amjierdam.
5 Boifleaux of Avignon makes 4^ Muddes of y^M^^r</<irm.
The Seticr of Montpelier is of 2 Emines, and the Emine of 2 Quarts ; the Setier
weighs from 90 to 95 lb. Montpetier Weight, and 3 Setiers malce i ^ Muddes of
Amjierdam.
The Setier ofCaJires in Languedoc confifts of 2 Emines, the Emine of 4 Me-
fcrcs, and the Megere of 4 Boifleaux ; the Seticr weighs near 200 lb. of this
lace, which make 1701b. Mark, fo that 100 Setiers make 4 Laft of ^/r^^</(7w.
38 Boifleaux of Bourdeaux make 1 Laft of Amjierdam, or 19 Setiers of Paris i
the faid Boifleaux ought to weigh from 1 22 to 1 24 lb. Mark, when the Wheat is
good.
4 * Setiers of Amiens make i J. Mudde of Amjierdam ; the Sctier is here di-
vided into four Piquets, and ought to weigh 50 or 52 lb.
8 Setien
t varies ac-
of AmJItrJuni.
vf '^7r\ I G H T s, e?^. 85^
8 Scticri of hola^nt (in PicurtfyJ make 1 3 Muddci ot° AmJI*rdMm, tnd ought to
weigh 270 lb fmall Wcieht.
I a Setiert uf Calais malcc 1 8 ^ Muddci o( ytmfitrJam 1 the Sctier weight about
260 lb. I a whercuC mtking 1 ;; at Parii. ^
19 Scticru of .SV. yti/,-y, make 1 I.aft
18 Miwen of Diiffif, make 17 Muddci
f4 Uoiircaiix of liimrt He Uratt, make 1 \ Mudde
14 lioilVcaux oi Amhoiji; make 1 {. Vludde
l(> Setters of .SVw««r, make I Lart "^
14 Hoillcaiix uf 79Mr/, make 1^ Mudde
ao liotHcaux of BlnJ's, make i { Mudde
i/tuhfterm 1
tiitrhrjitux Muake 1 ; Mudde
Ptrigutux J 7
49 Setiert of ArUs, make a l.aft of Amfierdam, each aeticr weighing 93 lb. Mark,
and the Charge ii reckoned 300 lb. of that Place.
48 Setiers of liaiuoire, make a Lad of Amfttrdam, and the Charge here is 2 fir
Cent. bigEcr than that of Ar/fj.
I'he Cnargc of Mar/'eilles, ii of 4 Emineo, the Emine of 8 Sivadieri 1 and the
Charge is lUfo computed at 300 lb. AlarJ'eillei Weight, which makes it be equal to
I i Mudde of AmJleriLim.
Forty»one Charges of St. Gilltn make a Lad of Amfttrdam i the Charge here
is alfo of 3001b. but heavier by 18 to zo per Cent, than that of Arlet.
Fifty-one Charges of Tarafcon, tpfke a Laft of Amjierdam ; the Charge here is
likewifc of 300 lb. ^ per Cent, heavier than that of y/r/«.
Three Einines of 'Toulon, makes 2 Muddes of Amfterdam ; the Charge is here
reckoned to cunfid of three Setiers, and th(i Sctier containing 1 \ Eminc, 3 of
which make 2 Setiers of Paris.
Four Boiflcaux of y^«r<iy, make i^ Mudde ^ ,1 /
The Ton of Audierne 1 C ^c m a j -.
. The Ton of Br?/? } make 1 3 ; Muddes C °* ^"i''"''*^- ^V-
The Ton of Mor/aix J ^ V-
83 1- Boiflcaux of the faid Mor/aix have yielded at Rotterdam a Laft, and ij
Sacks of 29 to the Laft i on which Footing the 83 1 Boifleaux make very near 1^
Amfterdam Lads.
The Ton of Hannebon and Port Louis, makes 17I Muddcs of Amfterdam.
ThcTon of ^tinpercorantin, makes 1 3 Muddes of y/x|^tr</<</». •»^«
The Ton of Nantz, makes 13 J Muddcs of Amfterdam; it is compofed of 16
Setiers, and the Sctier of 16 Boincaux : The Ton ought to weigh from 2200 to
22501b. heaped Meafure, which is 18 or 20 per Cent, more than ftriken
Meafure.
The Ton of Rennes and St. Malo, makes 14 Muddes of Amfterdam, and ought
to weigh about 2400 lb.
The Ton of St. Brieux, makes 1 5 ]. Muddes of Amfterdam, and ought to weigh
about 2600 lb.
The Ton of Rochellc r.nd Marans, contains 42 Boifleaux, which makes 1 3
Muddes of Amfterdam.
Corn Mcafures of Spain,
At Cadiz^ Off. Corn is fold by Fanegas, (or Hanegas) of which 5 make an Eng-
lijh Carter, or 52 to the Laft of Amfterdam.
In tlie Kingdom of Valencia, the Corn Meafure is a Cahiz, confifting of 12 Bar-
chillas, and 300 Cahizcs make 25 Lafts of Amfterdam.
Corn Mcafures of Portugal.
216 Alquieres, or 4 Muids of Li/bon, make a. LuA of Amfterdam, the Muid
being 54 Alquieres ; though the Muid is alfo divided into 1 5 Fancgos, and the
Fancgo into 4 Alquiers.
The Alquiers of Oporto have always been reckoned 20 per Cent, bigger than
thofe of Lijbon, at which Computation i8:> makes an Amfterdam Laft ; bjt I find
that an Eng/iftj Quarter commonly yields there 1 6 Alquicr«, at which Rate only
1 64 go to the Laft of Amfterdam.
At
V
m
1 1
t
I
< 1
1'
:-••)
T
'1:
i
^ Of the General Trade o/V/STWaRLD.
At -the Axertt liUnds, belonging to the Kbg oi Portugal, and in that o{ St.
Micbatl, 60 Alq jiers is reckoned to the Muid, and 240 make an jtmJIertLun Laft ;
though Com tranfpoited from St. Micbatl to the Ifle of Madeira, yield* 4 Al-
quiers Benefit on the 60 ; that is, the 60 of St. Michael produce 64 at Madeira,
being 6\ per Cent.
Italian Corn Meafures.
Corn is fold at Genoa by the Mine, with an Exemption from Duties to the
Seller, and 25 Mines are reckoned a Laft of Amfterdam.
At Leghorn, 40 Sacks make a Laft oi Amfterdam, and s Sacks of Wheat make
the Marfeilles Chafge of 300 lb. lefs 4 per Cent.
Wheat is fold at Venice by the Staro, or SeUer, 3 Staro making ont Marjeilla
Charge, or j| Mudde of Amfterdam.
This may fuflice to fhcw the chief Corn Meafures of the principal Parts in
Europe, to which my Reader ms^ have Recourfe, for a more ampk: Explication
of their difFerent Divifions, than could conveniently be inierted in the following
Table 1 though this contains a greater Number of Places, and fhews at one Glance,
the Agreement between the Meafures of every City, with thofe of Amfterdam,
Paris, and Bourdeatix ; the Nanae of the Place being fought in the firft Column,
whofe Meafure is wanted, tbey being all ranged for this Purpofe in an Alpha-
betical Order, and all trifling Fractions left out, as their Infertion would have in-
terrupted the Regularity of the Table, without adding any Thing to the In-
ftrudtion ( '' my R«uler.
j4 TABtB 0/ tie jigreemen: of dherfe Measurks with tbofe of
Amsterdam, Paris, and Bourdsaux.
I>l
Names of Places.
Abbeville
A^en
•Aiguilhn
AJicant
Alkmaar
ftps!/e
Amerifirt
Amiens
■ Amfieriam
Antwerp
Arks
Auray le Due
Arnbem
Ajperen
Aubeterre
Audierne
Auray
Auxone
Avignon
Barhefieux
Baugenci
Bayonne
Beeucaire
Beaumont
Beauvais
Bellegarde
Bergerac
Bergen-ef>- ::^om
Bergcn-St-Winox
Bloii
Different Meafures,
6 Setiws
331 Sacks
41 Sacks
25 Setiert
1 2 Cahizes
36 Sacks
14 Boiifeaux
16 Muddes
44. Sctiers
I Laft
32-J Veertcls
49 Setiers
9I Boiifeaux
22 Mouwers
25-J- Sacks
5 Boifleaux
I Tun
100 Boifleaux
I Emine
5 BoilTeaux
5 Boifleaux
34. Mines
36 Sacks
48 Setieres
38 Sacks
I Tun
I Bichet
I Pipe
63 Sifters
1 3 Raziers
2o Boiffeaux
Meafuri of Am-
fterdam.
7 Muddes
I Laft
I Loft
I Lafl
I Laft
I Laft
lie Mudde
I Laft
14 Mudde
27 Muddes
I Laft
I Laft
14. Mudde
I Laft
I Laft
It Mudde
13^ Muddes
35 Muddes
4 Muddes
44 Muddes
I Y Mudde
I' Mudde
Meafitre tf Meafure of
Pun. Bourdeaux.
5 Setiers 10 Boifleaux.
I
I
I
18
2
5
1
I.
Laft
Laft
Laft
Muddes
Muddes
Muddes
Laft
Muddes
'. Mudde
»9
»9
19
19
19
I
»9
I
^9
19
»9
I
»9
I
9;
3
I
I
»9
>9
J9
"t
It
31
'9
12
I
3?
iS
3;
38
2
38
2
?l
2
3?
38
2
J9
2
2
38
St
7
38
24
2
£.
W-
Duties to the
F Wheat make
on« Mar/eilles
XUS^Sfn'W EIGHTS, ^t.
%€i
kathds oiV\ii!Cti. ,hifferent l^e^Hret.
Bm-k-buc
Bologne in Picardi
Bommcl
Bourbon Laucy
Bourdeawt
Bourret
20;. Mouwtf^
8 Setiers'
18 Muddes
i3|BoiffeJHJit
38 BoiiTeaux
1 00 Sacks
100 Carticrts'
33J^Veerteii
24 Lafts
' I Qua red
I Tun
1 1 Carfes
ijri Hocdts
25 Sacks
2 1 Muddes
■ 3 3 J. Sacks
52 Hanegas
ioo Cartes
1 2 Setters
^ 24^ Muddcfi
Breau
Breda
Bremen
Breffe
Brejl
Briare
Bruges
Bruje/s
Bueren
Cadillac
Cadiz
Cahors
Calais
Campen
Candie i Chargd'
Canville 106 Sacks
Carcajfoni 35 Setiers
Cajiel Jahux loo Sacks
Cajiel Maursn 1 Pipe
Cajietnau de Medor loo Quafticres
Cajhlnaudiri 4 1 J. Setiers
Cajiel-Sarazin - 100 Sacks
Cafires ih Languedok 100 Seti^
Caude-C(ifle 100 Sacks
Chalais 5 Boifleailx
Chalons Jiir Saone v 5 Bichets
Charite 8 Boifleatix
Charlieu fur Loire ' 7 BoifTcaux
Charolles 6^Boifreaax
Chateau neuffur Loire 7 ' BoifTeatnc
Clairac
Cleves
Concarnettu
Condom
Coningsberg '■
Copenhagen '
Corbie
Cofne
Creon
Cuylenbourg
Dantzick .
Delft
Deve^ter
Dieppe
Dixmude
Doejbourg
Dort, or Dordrecht
Dunkirk
Dunes
Edam
Elking
Embden " ij^Tons
34^
Sacks
i6-
MouwcrS
I
Tun
41
Sacks' '
I
La^
42
Tuns
^i
Setiers
Boiffeatot
100
Sacks
21
Muddes
I
Laft
29
Sacks
36
Muddes
18
Mines
30
- Razieres
22
Mouwers
24
Sacks
18
Razieres
100
Sacks
27
Muddes
I
Laft
I
»3
I
1
I
Mtafiarttfhm-
fterdam.
Lait
Maddes
Laft
4-Mudde
Laft
3i Lafts
3i Lafts ,
1 Laft
23 Lafts
14 Mudde
1 3 ^ Muddfes
i|Mudde
1 Laft
I Laft
I Laft
1 Laft
I Laft
1 Laft
184. Muddes
I Laft
liMudde
Meafurttf Meafkre$f
Paris. fipurdeaux.
lip Setiers 38 BoiiTeaux
Lafts
Laft
3
I
2
5
3
I Laft
3-1 Lifts
4 Lafts.
3 Lafts
14 Muddcf
84 Muddes
i^ iVfiiade
j;. Mu<ide
14^ Mudde
i^-Mudde
1 Laft
I Laft
13 Muddes
I Laft
I Laft
I Laft
It Mudde
It Mudde
3i Lafts
I
I
I
I
'7
I
I
I
, I
3
I
I
I
10
I
*9
19
437
K
9v
i
'»9
»9
»9
»9
i9
19
19
i
57
79
Lafts,23Mud.j4
Muddes 34
Lafts,ioMud.64
6
i
i
I
19
19
9i
19
19
>9
I
I
6i«
19
»9
>9
'9
12
»9
19
19
'9
57
19
19
•9
Laft
Laft
Laft
Laft
Muddes
Laft
Laft
Laft
Laft
Lafts
Laft
Laft
Laft
K
38
2
38
»33
l
874
'9
2
^?
3?
3?
35
3?
38
2
II
108
12?
,38
'33
152
»>4
2
12
2
2
2
a
38
18.J.
33
2
24
3?
3?
38
114
3?
38
Names
-7^
S6% Of the
Names of Plarei.
England
Erftlfttyn
E^etfac
Etqffort
FUffingut
Francfort
Fronjac
Fronton
Gaillae
Ghent
Genoa
Ginfac
Gergeau
Gien
Gimond
Goes, or Tegoes
Gorcom
Gouda, or Tergow
Graveline
Grenade
Gri/oles
Groeninguen
Haarlem
Hitmaourg
Harder'wyck
Harlingen
Havre de Grace
Hennebone
Heufden
Hoorn, or Home
Hu/um
Ireland
La Briile
La Gruere
La Magijiere
Lanion
La Reole
La Roche de R.
La Rochelle
Lavaur
Layrac
Le Mas de Agenois
Le Mas de Verdun
Les Adriens
Lefpare
Leuwaerden
Leyden
Leytoure
Ltbourne
Litge
Lijk in Flanders
Limeul
Lyons
Lijbon
Ltfle in Albtgeois
Lifle-Dieu
General Trade of the^OKUD,
Different MeaMs.'''t:£^''''^,'^iSSSZ^.
A A Sacks t r^A i9Setien38BMfletux
10 38
100
44 Sacks
10^ Quarters
a I Muddes
1 00 Sacks
100 Boifleaux
40 Sacks
27 Malders
28^ Sacks
100 Sacks
2 1 Setiers
56 Halfters
25 Mines
109 Sacks
3i Mines
94 Caries
20 Sacks
40 Sacks
174^ Muddes
2§ Sacks
22 Razieres
30 Sacks
100 Sacks
33 Muddes
38 Sacks
12 Lafts
1 1 Muddes
33 Muddes
5^ fioiifeauz
1 Ton
1 74- Muddes
44 Sacks
20 Tons
10^ Quarters, or?
38 Bufhels S
40 Sacks
1 00 Sacks
100 Sacks
I Ton
30 Sacks
I Ton
I Ton
2 1 Setiers
1 00 Sacks
100 Sacks
100 Sacks
I Ton
1 00 Sacks
3 3 Muddes
44 Sacks
1 00 Sacks
35 Sacks
96 Setiers
38 Razieres
I Pipe
4 Afn^s
2 1 6 Alquiers
100 Setiers
i Ton
Aerdsm.
I Laft
I Laft
1 Laft 19
2 Lafts, 17 Mud. 50
2 Lafts, 24 Mud. 55
I Laft 19
I Laft 19
I Laft 19
3 Lafts, 1 4 Mud. 67
I Laft 19
1 Laft 19
J Laft 19
2 Laft8,i4Mud.48
i^Mudde I
14 Mudde
I Laft
I Laft
I Laft
»9
19
»9
»9
»9
1 Laft
I Laft
I Laft 19
3 Lafts, 10 Mud. 64
I Laft 10
Laft
I Laft
13 Lafts
10 Muddes
I Laft
i^Muddc
1 74- Muddes
I Laft
I Laft
I Laft
I Laft
»9
»9
247
7
»9
<
"4
»9
»9
»9
»9
1 Laft 19
2 Lafts, 23 Mud. 54
2 Lafts, 24 Mud. 55
14 Muddes 10
I Laft 19
13 Muddes 94
13 Muddes 94
1 Laft 19
3 Lafts, 4 Mud. 594
2 Laft^, 20 Mud. 52
3 Lafts, i4Mud.67
13 Muddes 94
3 Lafts, 14 Mud. 67
I Laft 19
! Laft 19
3 Lafts 57
1 Laft 19
I Laft 19
I Laft 19
' 5 Muddes 34
7 Muddes 5
I Laft 19
7 Lafts. 5 Mud. 130
i4^Muade8 10 20
no
3?
3?
38
35
3?
96
a
2
38
3|
3?
3*
128
11
49+
»4
3«
a
?
38
38
108
no
20
3?
38
1194
»04t
»34
184
'3t
35
38
3j
3«
7
10
t
200
Names
0/ W E I G H T S, @»f.
Namec of Places. Different Meajures.
htgbarn
LoKvain
Lubtek
Macon
Malines
Marans
Marfeilles
Mas i Agtnois
Mas de Verdun
Middlebourg
Mirambcau
Mirandous
Moijfac
MmcaJJin
Montaubah
Montandre
Montfort
Montpellier
Montreuil
Morlaix
A'lunikendam
f/Suyden
Naerden
Nantes
Naples, la Pouille
and la Calabria
Narbon
Narmoutier Ifle
Negrepelijfe \
Nerac
Nevers
Nimeguen
Nieuport
Orleans
Oudewafer
Pain d" Avoine
40 Sacks
27 Muddes
95 Schepels
3 AfnMS
30TijVcertels
I Ton
I Charge
100 Sacks
100 Sacks
41 1 Sacks
ICO Boifleaux
100 BoifTeaux
30 Sacks
100 Sacks
^100 Sacks
1 1 00 Setiers
100 BoiiTeaux
2 1 Muddes
3 Setiers
iS Boifleaux
I Ton
27 Muddes
44 Sacks
44 Sacks
I Ton
3 Tomolos
32I Setiers
I Ton
100 Setiers
100 Sacks
Meafures of hm- Mttfiire of Mtajiare rf
fterdatn. Paris. Bourdeauz.
8(S3
1
Paris
Periguex
Pont F Abbe
Port Louis
Porto Port
Purmerent
Pvymerol
^iberon
$uimpercorantin
^inferlay
Rabaftens
Realmont
Reahilte
Redon
Rennes
Rbencn
Rjbeyrac
Riga
334. Sacks
8 Boifleaux
2 1 1 Mouvers
17^ Raziers
I Muid
2 1 Muddes
I Ton
r I Muid
\ 1 2 Boifleaux
5 BoiiTeaux
I Ton
I Ton
1 80 Alquiers
27 Muddes
100 Sacks
I Ton
I Ton
I Ton
•17 Setiers
100 Setiers
25 Sacks
100 Setiers
I Ton
I Ton
20 Muddes
5 Boifleaux
46 Loopen
\
Lafl
Laft
Laft
Muddes
Laft
13 Muddes
i^-Mudde
2
I
I
I
7
I
ipSeders 38BoiiGRHUuc
«9
«9
5
»9
9t
1
Lafts, 2oMud.52{.
Lafts, 14 Mud. 67
Laft i9
Lafts 57
Lafts 57
Laft 19
Lafts, 23 Mud. 54
Lafts, i8;Mud.7o
Lafts, 10 Mud. 140
Lafts, 5 Mud. 60^-
'9
9t
ic8^
8oi
Laft 19
i^Mudde I
It Muddes i
1 34. Muddes 94-
I Laft 19
I Laft 19
I Laft 19
i3TMuddes 9|.
i4.Mudde I
I Laft
1 34 Muddes
84. Lafts
4^ Lafts
1 Laft 19
i4.Mudde I
I Laft 19
I Laft 19
34 Muddes 24.
I Laft 19
»3 9t
17 Muddes 12
i^-Mudde I
i4.Mudde I
i3|Mudde 94.
i74.Muddes 124-
I Laft 19
I Laft 19
3 Lafts 57
1 34. Muddes 94-
134. Muddes 94-
1 74. Muddes 124.
I Laft 19
4 Lafts, 10 Mad. 86
I Laft 19
8 Lafts.ioMud. 162
i44.Muddes 10-4-
14 Muddes 94-
I Laft 19
i4.Mudde I
I Laft 19
38
10
3?
18;
«
104*
38
114
114
35
108
140
280
121
38
2
Z
38
i8f
38
19
3'6|
1614.
38
2
38
%
2
2
>9
244
3;
38
114
'9
'9
24^
38
172
38
324
20i
i9i
38
2
38
.1
\ ^'p
'i\
Names
'-J
e i
^^ Of the <?kNBRAL Trade* of ike WORLD.
UcUSt nftiiaf^S Boifleaux
Rotter Jatiit! ■
Rouen
Reyan
Ruremendi i
St. Brieu •
St. Cadou
St. Gilles
St. yobn de Laune
St. Malo
St. Mathurm del
r Ar chant i
St. Lieurade
St. Omer
St. Valery -
Sardaigne iflc
Saumur
Schiedam
Schoonhoven
Sicily Ifle
Steenbergen
Stockholm
Sully
Tallemont-
Tarafcon
Tertollen
Terveer -
Tbiel
Touloufe
Toniens
Tongres
Tonningen
Tornus
Toulon
Tournon
Tours
Tunis in Barhary
Faience in Agen.
Vannes in Bri.
Venice
Venloo \
Verdun
Vianen
Villemeur
W9 Sacks
5 6 Setiers
c: 4 Muid
129 QjiartierrfH I
68 Schepels i>
I Ton I ;
1 Ton
IK.
i|Mudde
2 Lafts, 18 Mud. 50*
1 Laft
I Laft
Villeneuve itAgenois 100 fioiHeaux
Vlijinguc 40 Sacks
Utrecht 35 Muddes
Weejop 44 Sacks
Worcum 23' Sacks
Wykte Deurji. 20 Muddes
Tj'djiein 20 Muddes
Zirick Zee 40 Sacks
Zwol 26 Sacks
i^ Mudde
... I Laft
'!< '. I 10 Muddes
.Lui'. \- 3 Lafts
1 Laft
I Lafl
14 Muddes
1 3I Muddes
40 Charges fU J ; i Laft
I Eminc iii>\ \ 24 Muddes
' 1 Ton *H i r. 14 Muddes
»t; I t
91 Boifleaui^^, | ^
100 Socks '!>^t
aZt Razierer '
19 Setiers
' 3 Eftereaux
19 Setiercs
29 Sacks
Bi Muddet
1 ^ Salme
35 Vcertcls
83 Tons
• 94 Carfes
5 Sacks
5 1 Charges
37^ Sacks
39 Sacks
a I Muddes
a6 Setiers
ioo Sacks
] 5 Muddes
14 Tons
. I Bichet
3 Emines
25 Sacks
J 4 Boifleaux
I Caflis
100 Sacks
1 Ton
2 Stares
214 Mouwers
t Bichet
20 Muddes
25 Sacks
I Setiers 2 BoiUmuiT
19
7
57
19
>9
9:
9;
>9
9i
14 Mudde
I Laft
I Laft
14 Mudde
I Laft
I Laft
I Laft
1 4 Mudde
44 Mudde
I Laft
1 Laft •
I Laft
I Laft
1 Laft
2 Lafts, 16 Mud. 49f
»9
'9
»9
I
>9
»9
^9
I
19
»9
I
3
J9
»9
»9
19
»9
I Laft
1 Laft
2
I
91
I
'0
1-'
24
j! Muddes
IB Muddes
I i Mudde
3I Muddes
3|Lafts
14 Muddes
i^Mudde-
I Laft
i| Mudde
1 Laft 19
24 Muddes 17
2 Lafts, 21 Mud. 524
I Laft 19
I Laft 19
I Laft 19
I Laft t^
I Laft 19
I L&ft 19
I Laft 19
I Laft 19
38
H
114
35
3«
i9{.
>9
38
34
»94
loij.
3?
38
2
38
38
2
38
2
6
3f
35
35
3?
98*
3?
38
3t
4
25t
2
4t
»23x
19t
2
38
38
34
3?
38
>^^J
To the foregoing Table I (hall here add the Weights of the Flanders and
German Meafurcs, as they arc calculated by Mr. Savory, in hcipes it may be
agreeable to my Readers ; though I muft accompany it with this Remark, that
5* '
f/.f 0/ W E I G H T S, ^f.
the Poiulerofity of the fcvcra) Sorts of Grains therein-mentioned, are rendered lb
uncertain by the Change of Weather, and other Accidents of Humidity or Drinefs,
that np Exiidtnefs is to be depended on from fuch a Computation j however,
it may occafionally prove of fome Service, at lead to thofe intercfled in the Cora
Trade, and therefore I give it a Place.
865
%i
An AbjlraEi of the Correfpondcnt Weighti and MeaJ'ures of the dif-
fer eitt Species of Corn /» Flanders and Germany.
Pki'C], Names or Mcafurcs.
Dunkirk
Bergui's
Ypra
ylyre
at. Omer
Calais
Doulcnsl
Raziere
Razlcrc
Raziere
Raziere
Raziere
5 Qljafticr
I Sctier or Septier 264
I Sept. of 4 Quart, and"
each Quart. of4Boifl'. 205 J-
whereof 16 makes the (212
Mark Weight
of W'htat.
250 lb.
210
179
160
196
66
Amiens
Pcroune
Lijle
Menin
Tournay
Conde
Valenciennes
Cambray
Douay
Arras
Mons
Maubeuge
Avenes
Landreci
Le i^itfncy
Le Cafieau
SoiJJ'ons
Noyon
La Fere
Gui/i
St. ^entin
Namur
Dinant
Philippevillc
Givet
Chalons
Reims
Rhetel
Rocrcy
Mezieres
Verdun
Sedan
Montmidy
Septier of Doulens,
Setier
Setier
Raziere
Raziere
Raziere
Raziere
Raziere
MarkWeightof^^^^yj^
Men.ngormixi j„ »
Lorn. '
2471b. 2401b.
204 200
173 168
150 148
193 190
60 58
240 232
20I
Mcncault
Raziere
Raz.wt.ofS/.
Raziere
Raziere
Raziere
Mencault
Mencault
Mencault
Setier
Setier
Setier
Jalois
Setier
Setier
Setier
Retz
Retz
Setier
Sctier
Setier
Cartel
Cartel
Francarte
Cartel
Cartel
Dijon and Chalons Emine
Auxonne Emine
Bezanpu Mefure
J
49
88
no
129
180
178
75
81
129
VaJiiiS
100
102
97
80
85
158
86
7»
80
67
444
44^
5S
47
200
130
112
35
3°
38
3?l
48i
45
27
36
201
208
49
86
106
126
168
172
74
83
125
123
75r
94
98
94
76
80
i<;6
2
69
76
64
42
43
54
46
*95
124
108
3+
23
3+
38
47
a
35
Mark Weight
of Oali.
48
84
104
123
170
164
74
84
125
124
ir
88
90
79
72
148
84
76
62^
414
4*i
45
190
118
104
3,^
2.'
32
37
50
4»
25
34
1 2 5^ lb.
48
54
66
«
120
TiieRizieremak.
75ing2}{M«ncaulu.
43
50
70
72
II
124
50
50
44
^7x
62
30
m
*5
35
27
20
3a
10
Gray
T
866
t
-it
'i\.
fVV; I
Of the General Trade of the WORLD.
PUCM.
Gray
Port fur Same
Euxeuil,
St. Loup,
Favernay
Dole
Naoin of Mctfiuci.
Mefure
Quarte
Quarte
}
MarkW€i|hi
ofWlMM.
70
391b. 381b. 30 lb.
59 58 48
68
67
Pontarlier
>Emine
60
59
58
Salins
3
Villerfuxel
Montjutin
>Emine
45
44
43
Montbeliard
]
Hericourt
^Emine
40
39
38
Blamont
J
VanviJlers
Quarte
63
6a
61
Vezoul
Qiiarte
60
59
58
47
Befort
Lanfcron
? Quarte
43
4»
Frtbourg
Boifleau
27
^5
25
Brifac
Rezal
164
i6a
158
Colmar
Rezal
160
156
164
Schlefat
Rezal
168
166
St. Mary auxMi/ifsReza\
7^
»75
176
Strafbourg
Rezal
160
160
160
104
Haguemiu
Rezal
165
J 60
»55
JI2
Fort Lo^ijJuR/)ifiThc Sack orFcrtek
■ i6i
156
150
no
LanJau
Maldre
186
^75
176
Neujiat
Maldre
184
170
Wipmhourg
Rezal
164
162
*59
108
104
Philipfbourg
Pbalfbourg and
Ligtemberg
Maldre
iRegal
168
184
i6i
183
'J4
182
Saar Louis
Quarte
no
109
108
96
Hambourg and
Bitche
iMaldre
300
298
280
Saarbourg
Bichct
23
22
21
Keyferlautern
Maldre
16a
160
158
146
Mont Royal
Maldre
336
324
312
Saarbruck
Quarte
128
126
ii6
108
Metz
Quarte
Bidfjet
93i
95^
99v
81
Toul.
»34
129
119
80
Nancy
Regal
174
»73
172
144
Longvy
C Rezal of A'a«<y
2 Bichet of Longvy
176
'U
'74
27
26
Thionvilli
Maldre
302
297
lU
248
Treves
Maldre
jO»4
300
285
Luxembourg
Malter
295
292
275
230
Pontamoujjon
Quarte
120
116
112
/ TheEmineChap-J „rront»iin 8
L,angres^f^i„,,^ morethinr.B^the Bichet.l
( that of Langrei J ^ t'*'° <4!»rii- '
I
*397
368
352
296
\
Void
Bichet
67
66
65
Chaumont
Bichet
72
7oi
74
41
Saierne
Rezal
170
165
160
Bcurbonnc
5 Penal
t Bichet of C-6fij/Jtt/
82
1°
80
68
78
58
65
Rouen
Mine
^zs
J33
130
Le
Of WEIGHTS, ^c.
PImm.
Ninici of MuTurei.
Mark W.ight SJ'!S,!^^*i'iw M.rk W.ijht M»rk W.ijhi
^67
IBoifleaux Hall MeaTure 55
he Haure VQuat Meafure contain-C
ing 3 BoiiTeaiix \ ^
f Ton 'lamburgh Meafure 2950
Port Louisl Ton Quimper Meafure 2280
(.Ton Vanncs Meafure 2400
2400
60
38
88
163
Cora.
Belle Ijle
Ton
Bayonne
Conque
Dax
Mefure
Vaucouleurs
Bichet
Huningue
Rezal
53
'45
2920
2250
2370
2340
59
]6
160
Rx«.
5'
•39
2750
2 100
2200
2280
58
il
'59
58
Next to the Dry, I proceed to the Long or Applicative Meafures, of which
ours in Great Britain, arc the Yard and Ell, the former for meafurin? all Silks,
Woollens, Gff . the latter ufed only for Linens. The Yard confids of three Feet,
and the Foot of twelve Inches; the Ell being a Yard and a Quarter. I may alfo
here add that a Geometrical Pace is reckoned five Feet, a Fadom (or F"*hom) fix,
a Rod, Pole, or Perch fixtsen and a half, and of thefe forty make a Furlong, and
eight Furlongs an Englijh Mile, which by a Statute of Henry VIIL ought to be
1760 Yards, or 5280 Feet, that is, 280 Feet more than the Italian Mile.
The Meafures in other Parts of Europe are very different both in Name and
Extent, though mod of them founded on the Geometrical Foot, which varying
in Length, has occafioncd the fixt Meafures of Places to vary alfo from one an-
other ; and before I fay any thing of this Difference, I fhall in Part fhew it to my
Reader by a Print of fome FraAions of Aunes, fife, of fevcral of the chief Trad-
ing Cities, which will confirm the Calculations I Hiall afterwards give in a general
Table.
u
The Length of a Quarter of the Brabant, or Antwerp Aun or Ell, having 6 French Inches
and 4t Lines.
The Length of a Quarter of the Amjlerdam or Dutch Ell, containing 6 French Inches and
3t Lines.
The Length of a Quarter of a BrafTe of Venice, for meafuring Woollens, Off.
h
l3
|4
l5
The Geometrical hs\i French Foot of 12 French Inches.
!
The Length of | and ^ 5. of thi Paris Ell or Aun, containing 5 Inches 54 Lines, or 654 Lbes.
h
|2
l3
|4
\S 4
The Length of the half Foot of Amfterdam, the whole being 1 1 French Inches.
Aa
mi
S68 O/ /y&^ General Trade of the WORLD.
An Aun <^ Denmark or Copenhagen is reckoned one-third Icls tlian the Eng-
lijh y*rA, but with nnorc Exadlncfs, 'tis 24 1 Inches jRw^/^A.
The Ann of A/f/Wfw contains 15 French Inches, and two Lines t fo that
100 Aunes of Amjierdam malcc a Trifle lefs than 166 Aunes of Mii/iJcn, and
200 Aunes of Meindtt make 60 Aunes oi Amjierdom.
At Cn'noa, four Sorts of long Mcafurcs are ufcd, viz.
The Cane of 9 Palmes for Woollens,
The Cane of 10 Palmes for Linens,
The Brafle of near 2| Palmes,
The Palm for Silks and Velvets.
The Palm is a common Span, making 8 Inches, and is a Mcafurc ufcd in mod
Parts oi Italy.
The modern Palm of Genoa is 9 Inches 2 Lines, of which 4 Palmes is aTriHc
lefs than the Lyons Ell.
Eight Genoa Canes make 15 Aunes of Lyons, and 3 J. Palmes (of 9 to the Cane)
make an Englijh Yard.
100 Aunes oi Amjierdam make a fmall Matter more than 30 Can^s nt Naples ; and
100 Canes ai Naples make a Trifle more th^in 3 3 3 ; Aune^ of ^r«/^tr./d*»»
17 Canes of Naples arc counted equal to 32 Aunes of Lyns.
The Cane of iSVi/!^ makes 8-J Palmes, Marjiilles Mcafure, en which footing any
Kirger Quantity may be regulated. The Neapolitan Palme is 8 Inches and 7 Linc:^
• 100 Canes of Barcelona irake 239 J Aunes oi AmJlcrdam, with a Trifle over j and
100 Aunts of Amjierdam make 41 [- t'anes of Barcelona.
108 Varasof Cadiz arc equal to too Englijh Yards.
At Peterjburgh 8 Verfchocks, arc i Artchin, or 28 Englijh Inches, and i 8.11-
chinc makes 7! EngKJh Feet, fo that 100 Safchines make 24t| Englijh Yards, and
100 Englijh Yards make 41 | Safchines, a Trifle lefs.
100 Aunes of Riga make very near 130 Aunes of Amjierdam j and
100 Aunes 01 Amjierdam make about yy Aunes of Riga.
100 Aunes of Revel make 128 _V Aunes of Amjierdam ; and on the contrary,
J 00 Aunes of Amjierdam make 78 Aunes of Revel.
The Aun of Coningsberg is near ' Part fhorter than that of Amjierdam, fo that
no Aunes of thislaft, make about 120 of Coningsberg j and 100 Auaes of Conings-
herg, about 80 of Amjierdam.
killing has the fiime Meafures with Dantzick, which may be fecn in the Table.
The Foot of Stetin is equal to tliat of Amjierdam.
100 Aunes of Luheci make 83 ] Aunes of ytmjlerdam; and
ICO Aunes of Amjierdam make 120 Aunes of Luheck.
100 Aunes of Bremen are reckoned equal to 83 1 Aunes of Amjierdam ; and
ico Aunes of Amjierdam to make 120 Aunes of Bremen.
100 Aunes of Erj'ort make 61 of Amjierdam, and \oj of Amjierdam make 164 of
JLrJort.
6 Aunes of Langen/altx make 5 of Amjierdam, fo that 100 Aunes of Langen-
Jallz make 83 ' of Amjierdam; and 100 of Amjierdam make 120 of Langeiijhltz.
100 Aunes of Liege are reckoned 80 of A.ujlerdam ; and
100 Aunesof y^/w^trdiiOT make 125 Aunes of Z,»i?^f.
The Aunes of A/i;//«i'j, Ghent, ^nA Bruges, are equal to thofe of A/ifurrp.
100 Aunes of Lijle make 103^ Aunes of Amjierdam} and
xco Aunes of Amjierdam make 96 1 Aunes of Z,^/f.
100 Aunes of Dieppe make 171 of Amjierdam ; and 100 Aunca of Amjierdam
make 58 \- Aunes of Dieppe.
33 Canes for Linens •\
1 00 Canes for Woollens I r n „i a . c ^ n j
, ,1 , lof Rome, make 100 Aunes or jimleniam.
374! ralines j -'
107 Brafles of 3 ! Palmes J
At Fl'jrence and Leghorn, the following Meafures arc ufcd for Silks and Wool-
lens, 'cv';^.
p f Palmes of which 349I 1
yjr ,. "vBiulTcsof 2 Palmes, whereof 11 6,' [make 100 Aunes of ///;//?f;v/<7w. '
(.Canes of 8 Palmes whereof 29 ^ J
8 For
ey- W C I G tt T S, ^f.
{Palmes, of which 238^ 1
BrafTet, of 2 Palmei. of which 1 194 (m^ke 100 Aanes ^AmfitrJkm.
Canes, of 8 Palines, whereof ao \\ J
At Lucca, two Suifts of Brafles are iu ufc.
Of which J "♦! fo[ saS"'"'}'"*'^^ '°° ^""" °*" ^'^fi*^^'»'
800 Palmes, or 100 Canes oi Naples, make a Trifle lefs than 310 Aunet of
Amjierdam.
100 Alines oi Amjierdam make 2581 Palmes, or 304- Canes of 8 Palms, whicU
Palm exadtly agrees with | of an Aun, and 4 Lines of a French Foot at Ati^erdami
and the Cane yields there 3I Aunes lefs 6 Lines of the faid Foot.
At PaUrmo, 100 Canes of Palmes make a Trifle more than 287^ Aunet of
jfnijierdam i and
100 Aunes of Amjierdam make 33-,'-^ Canes of Palermo.
At Venice, two Sorts of BrafTes are ufed, the one to meafure Woollens, ani4 th?.
other for Linens, and Gold or Stiver Stuffs j and that for the Woollens confifls oif
2 F^t 8 Lines, or 29b Lines of the French Feet, and is longer by 64. per Cent:
than the BrafTe for the Gc Id and Silver Stuffs ; fo that
100 BrafTes for WooUrns make 106;. for Gold and Silver Stuffs, &c. and
ICO BrafTes for Gold and Silver Stuffs, make 94W Brafles for Woollens.
loo Br'alfesforGold'lndSUverStufrsr ^^'19^}^""" *'^^>*'^'^*'-
* c A a J S 102 Braffes for Woollens X^cv...:...
100 hyxnzzoi Amfterdam J^^g. g^flj., ^^ ^old, Qfr. Stuffs 5°^ '^'"^^•
100 Pics of Smyrna and Seyde, are computed to be 97 Aunes of Amjierdam.
100 Aunes of y^»y?*r 'im, make 103 Pies oi Smyrna, &c.
100 Pies of Conjlantinople, make 97.;. Aunes of Amjierdam.
""nn&s oi Amjierdam, tmkc loz^Vicsoi Conjlantinople.
les of Aleppo, are reckoned to make 98 Aunes of Amjierdam.
vuncs oi Amjierdam, make 102 Vies oi Aleppo.
lou Pies oi Alexandria and Rofette, make 97 Aunts oi Amjierdam.
100 Aunes of Amjierdam, make 103 Pies of Alexandria, &c. and the Cforre-
fpondency of fdl ^e other Megfures in Europe, are to \» found in the (qliiilyifipg
Table.
^^5^
10
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0/ WEIGHTS, ^r.
77v following an the Meafuret of France and other Countrus n-
clured into Fcet^ Inches, (inJ Lines, of which 1 2 Lines make an
J nth, and i 2 Inches a Foot, which may in fome Mtafure illuflratt
the prtctding Table,
The Aim of A/m contains — — ■ —
The Cajic of Vrovencf, Avignon, and Monlpelier —
The Cane of Toulouf^ and Varra of Arragon ■
The Yard of England
The Auncof //sZ/rfW, Antwerp, and ToKrWijy
The Aimc of FlamUrs, Brahant, and Germany
The Varra of C^^/V/f
The Varra of Valencia in Spain
The Rns of PieJmont, and the BrafTc of I,«ff<i ——
The Braflc of Venice, Bolognia, Moi^ena, and Mantua
The I'ahn of Genoa — — —^
The Drafle of fitr^^Wf
The BralTc of Florence —-
The Yardof5.-u/7/<? — —
The Cane of Nap/es — —
TIic Aunc of Troves, and Arc In the Dutchy of Bar
The Mmc of Li/fe ^nd Arras — — —
The Braflc of Afi/an for Silk
The D" for Woollens — -
To the above Contents of various Mcafures, I herewith add a Correfpondcncy of
the Length of a Foot in diverfc Places into Parts,
The Foot in England, divided into ■ -
The Royal Foot of Paris • — ——
The Foot of Leyden ^— >
The Fool of Amjlerdam
The Foot of Antwerp — ■^— — ^ -
The Foot of LoHvain — — —
The Foot of M<////;('/ ■ ■ — —
The Foot of Middlebourg — —
The Foot of Dort — — —
The Foot of the Brille
871
Fcct.Inc.Lines
3 7
8 little more
6
5 5
9
6
2 9
2
II
1 1 little more
-21
2 7
2 little mors «
■ 2 9
7
» 9
10
I II
3
-09
I
2
2 6
3
4t
II
6 10
2
2 5
I little more
2 2
2 ditto
' 7
2
1 1 little more
The Foot Rhindlandick, and that of Berlin
The Foot of Vienna —
The Foot of Frankfurt on the Maine
The Foot of Cohgn — — —
The Foot of Stni/hourg —
The Foot of Bavaria . — — —
The Roman Foot — —
The F'oot of Venice —
The Foot of Mantua ■ — —
The Foot of Turin — —
The Foot of Ca/lile —
The Foot of To/edo —
The Foot of Lljlon
The Foot of Copenhagen — —
The Foot of Dantzick — —
The Foot of Riga
1
The
>f
ii .i;.
87a Of the General Trade 0/ Mr WORLD.
The fame receptive dry Meafiirc as is ufe«l for Corn, fcrvcn alfn in England for ."alt,
Lime, Coals, Ofr. they lioing all mctcil hy the HUnchr/ier Mcifiirc, tlio' the firft is
now gencrnlly foM from the Pitti by Weight, reckoning 7 lb. Avoirtiupoii to the
Gallon, or 56 Ih. to the Bulhel, in Freight Computation 41 Biifhcis is accounted
a Ton, fivcMulhcls isaS.uk, anil 4 C. Wt, aCJjurtcr. When fulil by Meafure this
Commochtv and Coah mull he heaped, or elfe five llrickcn I'eiks arc allowed to
the Buflief, and nf the latter t^() Bitlhels make a Chaldron. In other I'art* of
I'.urepc, Salt (which is a more (iaple and currrcnt Merchandize than almoft any o-
tlier) is bought and ibid by different Meafures, according to the fcvcral Pl.icc^ of
its Pilputth : I'or at AinjUrdimi (where vaft Quantities arc imported) it is fold by
the Coit. of 404 Meafures, or Scheppels, which Cent, is reckoned to be fcvcn
Larts or 14 Tons, and the Lall to weigh 4000 lb. fo that the faid fcvcn Lafb or
14 Tons make 28000 lb. called the Cent, of Salt, which alfo contains 208 Sacks,
tho' fonic of this Commodity is much heavier than others. 8aU is carried to Am-
Jlt-nltim AwA all the Cities of Holland \ FUnders, Brabant, Ztlandi other Places
of the Ntrth, anil up the Daltick, from Maranj, Hrouage, Sude, the Ifles of
• RljJ and Olgron \ Mean; HochelU, and other Phices of Saintonge, and the Coun-
try oi Aunts ; from I'oli^uen, (.roijil, Guerand, the Bay o( BourneuJ, and other
I'arts of l^rctiignc j from Ht, Uivs in Portugal, and from Cadiz, Atamat, and
Ivua in Spain.
In the Cities and other Parts of France, Salt is fold by the Muid, whofc Size
varies, according to the different Places of its Manufacture and Difpatch: At Pa-
ris this Meafure is reckoned to cor.tain \i Setiers, or 48 Minots, which Minot is
alio divided into left Fradions.
The Cent, of Salt from Marans, Brouage, Sude, the Ides ofRi/, &c. contain 28
(IrickenMuids, and each Muid 24 BoilTeau-v, which yields at Amjierdam n^ LalU,
or 23 Tons, a little more or lefs, according to the good or bad Mcetage made at
the Ponds, or its Wade in the Voyage. The Salts of the Iflc of RbJ and Brouage
arc deemed heavier than thofe from Oleron, Marans, Mornac, (ic. And the Cent.
of thclc weighty Salts yield at Hamburg u\ to 11 ^ Lafts, which arc 45 to
46000 lb.
In Dtnmark, or Copenhagen, the faid Cent, only renders 9,' Lafts, thr Laft be-
ing rcckoncil here equal to 18 Tens, and the 50 Lafts to correfpond with 52 of
Coningsberg ; at which Place ihcCent. produces about 10 Lafts, or 40.00 lb.
At Riga the faid Cent, yields the fame Meafure as at Coningsberg, and about
6v Lafts of Rira make the great Cent, ol Amjierdam.
The fiid Frciieh Cent, produces at Dantzick ii J to 12 Lafts that Meafure, of
which I.r.lls 7; to 7 1 make likewife the great Cent. o( Amjierdam,
At Steti/i m I'ommit^ia, the Frenci Ctw/. yields 10 Lafts, making 40000 lb.
Meafure and Weight of the faid Place.
In P^rlugtil, S.ilt is bought by the Mii.a, of which four make a Laft, and feven
the Cent, of Amjierdam, containing (as above) 404 Scheppels.
At Ahimat and Ivica 'tis fold by the Modin, which weighs from 27; to 28 C.
F.nglijh, anil at both Places the Quantities made arc prodigious, being all for tlic
King's Account.
Of Liquid Meafures in Great Britain, the ordinary fmalleft one is called a Pint
(with its Fractions) of which two make a Quart, two Quarts make a Pottle, two
Pottles make a CJallun ; eight Gallons make a Firkin of Ale, and nine a Firkin of
Beer ; two F'irkins a Kilderkin, and two Kilderkins a Barrel j one Barrel and half
a Ilogrticad, two llogflicads a Pipe or Butt, arid two Pipes a Tun.
The F^n-^lijh Wine .\Icafurcs are fmaller than thofe of Ale and Beer, and arc pro-
portioned as 4 to 5 ; (o that four Gallons Beer Meafure are almoft five Gallons of
Wine Meafure ; of which latter a Gallon is 231 Cubical Inches, and eight Pounds
one Ounce, and 1 1 Drams Avoirdupois of Rain Water. Of thefe Gallons a Runlet
of Wine holds eighteen, half a I logftiead 31 ; Gallons, a Tierce42 Gallons, a Hogf-
head 6^^ G.nllons, a Puncheon 84 fiallons, a Pipe or Butt 126, and a Ton 252 Gal-
lons, or ioi6 Pints ; by wliich Meafure is fold Wine, Brandy, Vinegar, Cyder, ^c.
Foreign \'cirels for containing Wine, Vinegar, &c. have various Denominations,
accordiiiir to their Dit^'.rcnt Si;^es, and Places, of their F.jbrication.
The
m
Of MEASURES, ^i\
The Wocden oiGtrmtny, for holding Rhcnifh and Mo(cll« Wii)f s arc iliiK*nHit
In their Gauges ) fome containing 14 Aumct AmJitrJam Mc^lUrc, uiid others mure.
or left.
The Aume ii reckoned at Amfltritm for eight Stet knni, or 10 Vcrgen or VVcr-
teU » or for J of a Ton of two Pipes 1 or four BurrcU of I'rancf or nonnliiiux,
which ; ii called at thii latter Tiercon, bccuufu three of them make a I'ipi-, ur
two Barrels, md fix the faid Ton.
The Steckan ii 16 Minglei, or 32 Pints 1 and the Verge or Vcrrfcl in In rc-
fpedt of faid Rbtnifl) and MoftUt, and Ibmc other Sorts of Wine, of lix Minglf s ; l>iit
in meafuring Brandy, it confifb of lix ; Minglns. The Aume is divided into
four Ancken, atid the Ahckcr two Stckani or 32 MinglcH.
The Ancker is taken fometimcs for ,'^. of a Tun, of lour Bnrffls i on whi'It
Footing the BourJeaux Ikrrcl ought to contain at /ImjUrdiim (when the Calk i<i
made according to the ju(l Gauge) 12,' Stcckans, or 2.0 Minglt-s, Wine and
Leei I or 12 Steckans or 192 Minglc!) racked Wine t lb tliat the Boiinhtifix Ton of
Wine contains 50 Steckans or 800 Mingles, Wine and Lccs ; and 48 Steck:in-<,
or 768 Mingles, of pure Wine.
The Barrels or Poin9ons of Nantet, and other PInccs on the River Loiir, contairt
only 12 Steckans ylf/»j^rr<^/» Meafure. The Wine Ton of RocMIe, Coi;na< , Cba-
rtnte, and the Ifleof Rlxf, differs very little from the Ton of Bounlcaux, and con-
fequently from the Barrels and Pipes.
A Ton of Wine of C'<&(;/i»^^ Baytnnt, and the neighbouring Places, is reckoned
60 Steckans, and the Barrel 15, AtnJitriiamMtaiwvt,
TheMuidof Farit contains 150 Quarts, or 300 Pints, Wine and l.fc, or 780
Pints clear Wine t of which Muids tnicc make a Ton, and the I'railtion.^ an*,
S73
The Muid
The Seticr
The Quart
The Pint
The Chopin
The Demi-Setier
ierj
containing <
3'^
4
e
2
2
2
Setters
QiKirfa
Pints
Chopins
Demi-Setlerl
dons
The MuidisaUb compofedof Piprs, Poirrons, Quarteau*, Ol'cUes, «nd Dtf-
tni-Qucues. Thcfe Poinfons of /'rfrif and O'-Zeans contain about 15 Steckans,
AnifltrJam Mealure, and ought to weigh with :hc Calk, 666 lb. a little more or
Icfs.
In Provence they reckon by Milleroles. The Millerolc of Toulon weighs about
1301b. Mark, and ought to contain 66 P</r/.f Pints, which is near equal to 100
Pints of Amfitrdam.
In Lower Langucdoc, as at MontpclUr, &c. the Muid contains 18 Scticrs, and the
Setier 32 Pots or Peeked, fothat the Muid makes 576 Pots, and yields', at Am-'
Jierdam 3 5 Steckans, or 560 Mingles ; lb that the Pot or Peclic of Montp;licr is
lefs than the Minglc : but the Calks o\' Montpclier arc never of an equal Gauge,
and fome Muids containing more than others.
The Butts or Pipes from Cadiz, Malaga, Alicant, Benkarlo, Sa/oe, and Mafarot
in Spain, and from the Canaries fubjeft to that Crown, from Lijbon, Oporto, and
Fayal in Portugal, are very different in their Gauges, tho' in Affreightments arc all
reckoned two to the Ton.
Vinegar is meafured as the Wine { but as the Meafurcs for Brandies are different,
I fhall now give an Account of them.
Thefe Spirits from France, Spain, Portugal, &c. arc generally fliipp'd in large
Ca^s, called Pipes, Butts and Pieces, according to the Places from wliencc they
are exported, and differing in their Contents, not only from one another, but
even among thofe embark'd at the fame Place.
In France Brandy is lliipped in Calks called Pieces at Boufdcatix; and Pipes at
Rocbtlle, Cognac, the Ille of/iM Nants, and oth.r ncigbouring Places ; which
contain (as before obferved) fome more and Ibmc lefs, even from 60 to 90 Am^
Jierdam Verges, or Vcertels, according to the Capacity of tiic Veflels, and the
Places they come fiom, which being reduced into Barrels, will Hand as follows,
viz.
10 N At
i
i; \ " .rf
z-j Vficrtelil;
29 Veertels |
30 Vei;pefi ]
■27 Vtirges J
874 Of the General Trade ^/J&^WQRLD.
hXRocbeUe, Cognac, the Ide of Jii^f', and the CouiMry of
At Nants, and fevcral Places of Bretagne tnd ^«/oa
At Bourdeaux and different Parts of Guienne
At Amjierdam and other Cities of Holknd
At Hamburgh and Lubeck
At Embden
In Provence and Languedoc Brandy is fold by the Quiintal, the Caiks indculcd,
and at Bruges in Flanders the Verges are called Sellers, of 16 Stops each, aad tJie
Spirits fold at fo much per Stop.
The Mingle of Brandy at Amjierdam weighs 2 lb. 4 ox. Mark We^fat, and the
Verge or Veertel 141b. a little more or lefs ; at which Rate the 30 Verges muft
weigh 420 lb.
The Pieces of Brandy fold at BourJ.aux commonly contain from 50 to 8.0 Ver-
ges, and 32 Verges is reckoned (as has been mentioned) to a Btoxl; the Vci^e
contains 3I Pots, or a little lefs, and the Barrel near no Pots, Bourdemx McaAire.
Olive Oil is alfo fliipp'd in Caflcs of various Sizes, according to the Cuftom of
the Places where 'tis embarked, and for the Conveniency of Stowage. Gallipcly,
Leghorn, France, Majrrca, and fevcral other Parts of Spain, Portugal, &c. fop-
ply tlie northern Parts of Europe with this Commodity, as well for Eating, as
deaniing of Woollens, and making of Soap. In England it is fold by the Ton
of 236 Gallons, and at Amjierdam bv the Ton of 717 Mingles, or 14^4 Pints;
the Cafks 'tis imported in, contain f .1 20 to 70 Steckans, at 16 Mingles per
Steckan, the Mingle weighing 2 lb. and 2, 3, or 4 Ounces, according to the
Place of the Oyl's Growth.
It is reckoned that the Barrel of Oyl at Genoa weighs near 167, lb. Nett that
Weight, which is equal to 125 lb. at Amjierdam, and 14 of thelc Barrels or there-
abouts make the faid 717 Mingles, which onght to weigh 1750 lb. at the laft men-
tioned Place.
At Leghorn the Barrel of Oyl weighs 85 lb. wiiich a little exceeds 59 lb. at Ani'
Jlerdam, and is more frequently fhip'd in Jars and Flafks than Cafks.
In Provence it is fold by Millerols of 66 Paris Pints, which make about 100
Pints of Amjierdam.
From Spain and Portugal 'tis brought in Pipes or Butts of different Gauges ; at
the firft 'tis fold by Roves, of which about 40 goes to the Butt, and at the latter
by Almoudas, whereof 26 make a Pipe; the Almouda cotitains la Canadors, and
the Canador making near a Mingle at Amjierdam.
Train Oyl is fold in England by the Ton, and at Amjierdam by the Barrel of \i
Steckans.
Honey is fold with us by the Pound, tho' in Amjkrdam, where great Quantities
arc imported from Bourdeaux, Bayonne, Brelagne, Provence, Hamburgh, Bremen,
and feveral other Places, 'tis fold by the Ton, or Barrel.
Beer at Amjierdam is commonly put in Tons or Barrels, half, quarter, and half
quarter of Barrels, and fometimes in Pipes, Butt«k and other fuch large CaHts tor
their EAi/i and tf^ejl India Provifions. The Ton or Barrel ought to contain i Aam*
or 8 Steckans, making 128 Mingles, and the other Veffels in Proportion.
•>r' • .
^* .
Of COINS, both real and imaginary.
In England, the Copper ones are a Farthing and Haf-penny, the latter being two
of the former.
In fine Silver of the Standard of 1 1 oz. 2 dwt. called Sterling, the fmalloH: Piece
is one Penny, others of two Pence, three Pence, four Pence, (called alfo a Groat)
and fix Pence, a Shilling, or 12 Pence, a Half-^Crown, or two Shillings and ftx
Pence, and a Crown, or five Shillings.
In fine Gold of 22 Carats, called alio Sterling, a Guinea (now worth 21 Shillings)
half a Guinea, fome few two and five Guinea Pieces, and fewer ^ ones.
Accounts are kept in Pounds, Shillings and Pence, (the firft and laft imaginary)
and Exchanges are calculated in one of them two.
In France, the Gold Species are Louis, witli its Diminutions of i and ^, and
its Augmentations of double and quadruple.
Of
m
%
he Barrel of u
0/ C O I N S, ^c.
Of Stiver the Crown or Eca, with its PraAions, which at prefent pafleg for j
Livres, though has been up to more than 7 Livres.
Of Silver and Brafs mixed, the Sol. And
Of Copper the Liard, which is -J. of a Sol, or 3 Denier? A Double 2 Deniers.
And a Denier or Vr °^ * Sol. But the Value of thefe Coins have been fo often
changed, fince Mtn 1718, that it is impofliblc to afcertain their prefent Value with-
out Rccourfe to tne different Ordinances concerning them, which are very long,
and would render their Quotation more tedious than profitable to my Readers,
which may juftly apologize for iny Omiflion of them.
Accounts are kept throughout this Kingdom in Livres, Sols and Deniers, of
which 12 Deniers make a Sol, and 20 Sols a Livre, their Exchange is by the
Crown <^ 3 Livres or 60 Sols.
In Holland, the Gold Coins are
15 Guilders, and 15 Stivers
5
Ducatons
Ducats
Souverains
Rofe-Nobles
1 r^
> worth \ . '
1 I'.l
though of thcfc very few arc feen.
Silver Coins.
f 3 Guilders and 3 Stivers
|2 10
worth ■; 2. Of this Coin very few to be met with
t 10
8'
875
^
Ducatons
Drie-Guilders
9ax Dollar or Patucon
Croons
Dollars
Goud Guilders, or Golden Guilders 1
Guilders J '- 1
Here are alfo ^ and -J. Rix Dollars 5 Scheliings, (of which fome are worth 6, und
others only 5^ Stivers j) here are alfo Stivers (of which 20 make a Guilder) divided
into 2 Deniers dc gros, or 8 Duytes, oi- 16 Penins, though thefe twolaft Denomi-
nations are imaginary.
Here are befides, fevferal other Coins, particularly fome fmall ones, of 2, 3, 4,
8, and i2| Stivers.
Accounts are kept at Amfterdam and Rotterdam, the two chief trading Places,
in Guilders, Stivers and Penins, fo that although Goods are fold for other Species,
fuch as Livres de gros, G?f . yet all are reduced to the above Denominations for
the Entries into their Books. The Exchanges are made with us in fo many
Scheliings to a Pound Sterling, though to moft other Places in Deniers de Gros.
Foreign Coins are very many, both of Gold and Silver, but are not current here
at any fixed Price, but (as other Commodities) rife and fall according to their
Plen^ or Scarcenefs.
YnRuffia, 3 Coppecks is an Altin, 10 Coppecks i Grieve, 25Coppecksis aPol-
poltin, 50 Coppecks is aPoltin, 64 Coppecks is a Dollar, and 1 00 Coppecks or 19
Grives is a Rouble; an Englijh iZio^n paffes there by Weight, for 120 to 130
Coppecks.
Accounts are kept in the trading Places of this Empire, in Roubles, Grives and
<Mo(cofques, (2 of which make a Coppeck) or in Roubles and Coppecks. Their
Exchange is only on Holland, and negociatedin either Roubles or Coppecks.
In Norway, a Rix Dollar is fix Danijh Marks, a Mark (ixteen Schillings, and at
Coopervyk, Laarwyk, Mardou, Vlikeren, Jedder, Stafanger, Romfdal, and Dron-
tbtm, the Rix Dollar is worth four Oorts, and the Oort 24 Danijh Schillings.
In Denmark, the Rixdollar is worth" 4 Oorts, or fix Danipi Marks, the Oort 24
Scheliings, or i^ Mark, the Mark 16 Scheliings, and theSchdling 3 Penins; a
DflW^jt'Marks make i Mark Lubs, and at Bergen Accounts are kept in Danijh
Rixdoilars, Marks and Scheliings. But little is done in Exchanges from this
Kingdom, and the few that are tranfadled from Copenhagen, are in Danifh Rix-
doilars of fix Marks for current Rixdoilars of Amjierdam.
In Stockholm and the reft of Sweden, the Dollar is worth 4 Marks, and the
Mark 8 Oorts, or Runfticks (which is an imaginary Specie;) 2 Marks make a Marh
Lubs, and here are Copper Rixdoilars of 6 Dollars or 24 Nf arks ; here is alfo Silver
Moneys called Silvergelt, or Silvermunt, and one Mark filver Money is reckoned
worth 2 [. Copper. The Silver Dollar is divided into 3 Marks, and the Mark into
5 3 Oorts,
f
i
1
876 Of the General TraCe ^ /A*? WORLD.
3 OOrts. though they have no fuch Coin as a Runftic, or Rontftukcn) yet they
reckon two of their Coppei Farthings to a Runftick, 3 Runftics to a Whitton,
10 J. Whittons to a Copper Dollar.
Accounts arc kept in this Kingdom in Dollars, Marks and Oorts, and the Ex-
change is made between a Copper Rixdollar of 24 Marks of Stockholm, and a cur-
rent KixdoUar of 50 Stivers of Amfttrdam.
At Cracow in Poland, their common Coins are, Gros, of which 18 make i Oort,
and 30, one Guilder; a Specie Dollar 1840 Gros, and worth about two Shillings
Sterling. A Rixdollar is 5 Oorts, or 90 Gros, a Gold Ducat is 6 Guilders. A
Crofs, and a Specie Dollar, pafs at an uncertain Value from 3 to 4 Guilders, as there
is a Premium upon them that fometimcs amounts to i o and 1 5 per Cent. Accounts
are kept here in Guilders, Gros and Deniers, (of which latter 18 make a Gros, and
30 Gros a Guilder) or in Rixdollars and Gros, reckoning 90 of the latter to the
former.
At Riga the Rixdollar is 90 Gros, and divided alfo in 1 5 "Riga Marks, and into
3 'Polijh Guilders; the Poltp Guilder muft therefore confequently make 5 'Riga
Marks, and is alfo divided into 30 Polifl} Gros, a Gros is 3 Whittons, or 6 black
Ditto. A Vording is 1 1 Gros, or 4^Whittens, or 9 black Ditto.
Accounts are here kept in Rixdollars and Gros, and it is in the former of thefe
Species that Exchanges are made with Rixdollars current of Amjieriam.
At Revel and Nerva, the Rixdollars confift of 64 Whittens or 90 Gros : Ac-
counts are kept in thefe two Places in Rixdollars and Whittens, where they have
likewife Copper Plate Dollars, which they ufe in Exchange.
At Coningsbcrg, Elbing and Dantzick, the Rixdollar is divided into 90 Polijb
Gros, or into 3 Polijh Guilders, and the Gros into 1 8 Penins or Deniers.
At thefe Places Accounts are kept in Rixdollars and Gros, or in Polijh Guilders,
(called alfo Timpf hen) Gros and Deniers or Penins. They exchange on Amjier'
dam in Polijh Gros, for a Livre de Gros of 6 Guilders current Money aiAmJlerdam,
and on Hamburg for the Rixdollar.
At Stttin, 36 Stivers, or Schellings Lubs, makes a Rixdollar, and Accounts are
kept here in thofe Species, and RemifTes made in them.
hxLubeck, the Rixdollar is worth 3 Marks Lubs, or 48 Schellings Lubs; the
Mark being divided into 1 6 Schellings, and the Schelling into 1 2 Penins or De-
niers. Accounts are kept here in Marks, Schellings and Deniers or Penins Lubs,
in which their Exchanges are made.
At Brejlaw the Rixdollar is worth 30 Silver Gros, and the Gros 12 Penins.
It is alfo divided into 90 Creutiers, and the Creutfer into 4 Fenins, and the faid
Rixdollars are called imperial Money, augmented by 17 Creutfers.
Accounts are kept at this Place in Rixdollars, and Silver Gros and Penins, in the
firft of which Species, Exchanges are made on Amilerdam for a certain Number of
Stivers, Bank Money, and on Hamburgh for Rixdollars of BreJlau, againft Rix-
dollars of Hamburgh Bank.
At Hamburgh, the Mark, or Ma/k Lubs, is divided into 1 6 Stivers Lubs, and
the Stivers into 12 Deniers Lubs. *The Rixdollar is 48 Stivers Lubs, or 3 Mark
Lubs, beHdes which many foreign Species are current at this Place, fupernuous to
be mentioned here, as they will be taken Notice of where they are coined.
Here Accounts are kept in Marks, Schellings, and Deniers Lubs Bank Money
by thofe who have Cafli in the Bank ; but by thofe who have not, their Books
are generally kept in Rixdollars, Schellings and Deniers current Money. This is
a great Place of Exchanges, in which it negocvites with moft Parts of Europe.
I Ihall therefore be a little particTilar in their Currency.
Hamburgh gives to
London, from 32 to 38 Schellings Flemifli per Pound Sterling.
Holland, Sletch Dollar for 30 1035 Stivers, and often Rixdollars, for Rixdollars
with a Premium.
Berlin, Rixdollars for Rixdollars, with a Benefit of fo much per Cent.
Leipjick and Dantzick, ditto.
Flanders, Mark Lubs, for F lander t Stivers.
Sweden, the Rixdollar, for Copper Marks, and fomctimes at a Premium of lb
jnut h per Cent.
7 . . Mu/covy,
Accounts are
0/ C O I N S, wc.
Mujiovy, the RixdoUar for an uncertain Number of Coppecks.
Franckfort, the Sletch Dollar, againft fome Creutzers of Exchange, or RixdoUar
for RixdoUar at fo much per Cent.
Nuremberg, the Merchant's Dollar, for current Creutzers, and RixdoUar for
R.ixdollar, with a Premium.
France, a Number of Schellings Lubs, for the French Crown of 3 Livres.
Spain, Ditto, for the Ducat of 3-5 Maravedies.
Portugal, a Number of Denicrs, for the Crufade of 400 Reas.
Geneva, the fame as with Paris and Lyons ; atid it is a Cuftom to draw Bills upon
Lubeck payable in Hamburgh ; the Term Lubs being derived from the former
of thefe Places, (once the Capital of the Hanfe Towns) as it is here that the
Schellings Lubs are coined.
Venice, a Number ofGroots, for a Ducat of 24 Soldi Banco.
A* Bremen, the current Coins are a RixdoUar, divided into \^ Double, or 3
fingle Bremen Marks, or 24 double Schellings, or 6 Head Pieces, or 72 Gros, or
360 Swaar. A double Mark is 48 Gros, 4 Heac" Pieces or 240 Swaar. A double
Schelling is 3 Gros or 15 Swaar. A Gros is 5 Swaar, and a Swaar is a Penin.
At this Place Accounts are kept in Rixdollars and Gros, and it exchanges on
Amfierdam Rixdollars of 72 Gros, for Rixdollars of 50 Stivers Banco.
At Leipjck, and Naumiourg, a RixdoUar is 24 Gros, and the Gros 12 Fenins.
Said Dollar is likewife i ;. Rix Gould or Rix Guilder, and this Piece is worth 16
Gros. A Ducat is 4 Guilders, or 2^ Rixdollars ; betides which they have 8, 4, 2;
i| and i^ Gros Pieces, and fome ftill fmalhir, of 9, 8, 6, 4 arid 3 Fcnings.
Thefe two Places keep their Accounts in Rixdollars, and Crowns, Gros, and Fe-
nings, and their Exchange Money is worth 10 to 20 per Cent, more than the cur-
rent. If Bills are made payable here in current Money, they are difcharged ^ of
their Amount in Pieces of 4 Gros, and the other '^ in gros Pieces j but if they
are drawn to be paid in Exchange Money they muft be fatisfied in RixdoUars, often
termed Crowns of Exchange.
At Brunfwici and 0/habrug the RixdoUar is divid i itito 36 Mariengros, and
the Mariengros into 8 Penins, in which Species their Exchanges are alfo ne-;
gociated.
At Berlin, the RixdoUar is wbrth 3 Guilders dr 90 Gros (about 41. 6 d. Sterling^
aGuUder 20 Brummers, or 30 Gros, 18 Gros an Oort, and 5 Oorts the RixdoUar.
A Brummer or Abrafe is 14 Gros, i Gros is two Polchen or i8 Penins, and i
Schelling is 6 Penins or Deniers.
In this City and the Kingdom Accounts are kept in Guilder^, Oros, and Penins,
and the Exchanges made in RixdoUars, for Amfterdam, Hamburgh, Augsburg, Nu-
remberg, Brejlaw, Switzerland, and London, when any thing is done dire^ here,
tho' this is very feldom, as TranfaAions of this Nature commonly pafs through
Amfterdam and Hamburgh.
At Zurich, the RixdoUar or Ducat is worth 28 Batz and 2 ScheUings of this
Money, which arc worth more than the Switz Batz, and lefs than thofe called
good Batz; the Guilder of Zutich, called the good Guilder, is 16 Batz, or 40
Schellings of this Place. The Batz is worth 24. Zurich Schellings ; tlie ScheUing
6 Anfters, or i| Creutzer, of which latter 4k.iake the Batz.
At this Place Accounts are kept in Rixdollars, Creutzers and Hellers ; their
Exchange is commonly made in Zurich Money ; reckoning their Rixdollars (worth
about 4 J. f)d. Sterling) at 108 of their Creutzers.
At Zurzach, moft of the Switz Coins are current ; ai d
At Schafboufe, the RixdoUar is worth 27 good Batz, Xht OnAAtr of Zurich is
worth here 15 ditto. The good Batz makes 10 Baps, or 4 Creutzers.
At Berne, the Rix Dollar is worth 30 common Switz Batz. The good Guilder
of Zurich is worth 1 6 Batz, and 2 Schellings Switz ; and the Batz is worth 4
Creutzers, or 2-^ ScheUings.
At. St. Gal the RixdoUar is worth 25 4. Batz, or 102 Creutzers. The Guilder
is 1 5 Batz, or 60 Creutzers. The Schelling is 6 Creutzers or i-J. Batz. The good
Batz is 5 Creutzers. The common Batz 4 Creutzers. The Creutzer 4 Hellers
or Penins.
O In
10
877
.11
^■^♦vwws^firn
'f '
??'«
I* 1
878 Of the General Trade of the WORLD.
In this Canton, Accounti are kept in Guilders, Creutzers, and Penins, &t. Gat
Money, or under the Tame Denominations, -J: *^- Cc^ns of the Empire. It give» in
Exchange to Vienna, Nurembergh, Auj^sburgb, and Bolfanu, a Number of its
Guilders* for others of faid Places ; the fame to Venice for Ducats Banco j ditto to
Geneva for Crowns of that Place j and the like to Lyons for the French Crown.
At Bajil, the Rixdollar coniifts of 27 good Batz, the good Guilder i^good
Batz, or 60 Creutzers. The good Batz it 10 Raps, or 4 Creutzers. The Guilder
of the Empire is here worth 25 Schellings or Plapperts, or 20 Gros; tlie Gros 7
4 Raps { and the Plappert 6 Rapi.
Accounts are varioufly kept in this Canton, fome in Rixdollars, Schellings and
Deniers, fome in Livres, Schellings and Dmiers, fome in Rixdollars, Creutzers
and Penins ; and (bme in Guilders, Creutzers and Penins { they exchange as Zu-
rich does, and their Rixdoliar is worth about 4^. 6 </. Sterling.
At Strajburth, the Rixdoliar is valued at 1; Guilders, or 15 Schellings, 90
Creutzers, 3 Livres or 60 Sols. A Guilder is 10 Schellings, or 60 Creutzers, or
2 Livres, or 40 Sols. A Livre is zo Sols, 5 Schellings, or 30 Creutzers. A Schel-
ling is 6 Creutzers, or 4 Sols. Exchange from hence is tranfa<fted with mofl
Places in the Silver of Alface, which is uie fame with the Silver of France -, the
Rixdoliar being here reckoned at 3 Livres Turnois, the Agio being commonly
from I to 2 per Cent.
At Geneva the Gold Coins are Piftoles, worth 40 F'lorins 3 Sols, or 1 1 Livres
10 Sols Tournoii. Ducats worth 22 Florins, or 6 Livres, 6 Sols, or fomething
better, though few of thefe Coins are now met with. The Silver Moneys are
Crowns, worth 10 Florins 6 Sols, or 3 Livres. Pieces worth i Florin, 9 or lo Sols
^ovrnois. Pieces of 10 Sols 6 Deniers, or 5 Sols Tumois. The Copper are. Pieces
of 6 Sols, 3 Sols, I Sol, and 6 Deniers, 9 Deniers, and 6 Deniers of Geneva, be-
fides which there are Silver Pieces of 2 Florins and i Florin, though of thefe there
remain but few. The Geneva Florin is worth 5 per Cent, lefs than 6 Sols Tournois.
The Exchanges are in Crowns of 3 Livres Tournois (called alio by fome Rixdollars)
and almoft all the foreign Coins of Europe are current there.
At Cologn the Rixdoliar (computed at 4J. 6 d. Sterling) is divided into 78 Al>
bufles; the Albus into 12 Deniers, or 2 Creutzers, and the Creutzer into 4 Hel-
lers. The Dollar is worth here 52 Albuifes. The Guilder 24 Albuffes. ThcBIaf-
lart 4 Albufles ; and Accounts are kept in Rixdollars, Albu£es and Penins, and
their Exchanges with Amjierdam are for Rixdollars of 78 AlbuiTes, for Rixdollars
current Money there, at a fluctuating Premium.
At Frankfort fur k Mein and Hanaiv, tlie Rixdoliar is 90 Creutzers, and the
Creutzer 4 Hellers ; but as the current and exchange Money is fo very difFereut,
and not readily to be calculated, I herewith add a Computation made by Monlieur
John Peter Ricard, in Hopes it may (at leaA to fome) be both agreeable and
ufeful.
ICO Guilders of 65 Creutzers exchange Money, make
108 Guilders, 20 Creutzers, of 60 Creutzers exchange Money.
Sy Rixdollars, 62 Creutzers, of 74 Creutzers ditto.
88 Rixdollars, 6 Creutzers 3^4 d, of 90 Creutzers current Money.
132 Guilders, 6 Creutzers 344. «^. of 60 Creutzers current Money,
too Guilders of 60 Creutzers exchange Money, make
?2 Guilders, 20 Creutzers of 65 Creutzers exchange Money.
I Rixdollars, 6 Creutzers of 74 Creutzers ditto.
8 1 Rixdollars, 27 Creutzers 44 ^. of 90 Creutzers current Money.
121 Guilders 57 Creutzers ^ d. of 60 Creutzers ditto.
1 Qo Guilders of 60 Creutzers, current Money, make
75 Guilders, 45 Creutzers of 65 Creutzers Exchange Money.
^ 02 Guilders of 60 Creutzers, ditto,
66 Rixdollars, 36 Creutzers, of 74 Creutzers, ditto.
66 Rixdollars, 60 Creutzers, of 90 Creutzers, current Money.
100 Rixdollars of 74 Creutzers exchange Money, make
113 Guilders, 55 Creutzers, of 65 Creutzers exchange Money.
123 Guilders 20 Creutzers of 60 Creutzers ditto.
100 Rixdollars
P, St. Gat
lit givei in
3cr of its
■{ ditto to
ICrown.
'.S good
lie Guilder
tlie Gros 7
pilings and
Crcutzers
Inge as Zu-
pllings, 90
Eutzers, or
A Schel-
I with moft
tranit; the
I commonly
r 1 1 Livres
fomething
Moneys are
9 or I o Sols
r are. Pieces
jtruva, be-
f thefc there
)lfi Toumoit.
Rixdollars)
into 78 Al-
into 4 Hel-
IhcBlaf-
Penins, and
or Rixdollars
zers, and the
cry different,
by Moniieur
igrecable and
}0 RixduUars
0/ C O I N S, ^c.
106 Rixdollars 24 Creutzers i^^d. of 90 Creutzers current Money<
ijo Guilders, 24 Creutzers 1^,' </. of 60 Creutzers ditto.
100 Rixdollars of 90 Creutzers current Money, make
113 Guilders, 75 Creutzers, of 65 Creutzers exchange Money.
123 Guilders of 60 Creutzers ditto.
99 Rixdollars, 54 Creutzers, of 74 Creutzers ditto.
150 Guilders of 60 Creutzers current Money.
N. B. I Guilder of 60 Creutzers, is reckoned worth about 3 s. Sterling.
At this Place Accounts are kept in Rixdollars and Creutzers, and the DifferencQ
of the Exchange Money from the current, is (hewn in the preceding Calculation.
At Vienna many foreign Coins have a Currency, but their own is the Imperial
Ducat of 4 Guilders, the RixdoUar in Specie of 2 Guilders. The imaginary Rix-
doUar of i^ Guilder, or 90 Creutzers, the imaginary Guilder of 60 Creutzers.
The Schelling of 7 Creutzers and 2 Deniers. A Gros is 3 Creutzers, 2 Deniers.
A Patre, is 4 Creutzers. A Penin and Denier is the fame, and 3 Deniers are a
Drcyer. Accounts are kept here in Guilders, Creutzers, and Penins, reckoning 8
Penins to a Creutzer. Tnis Place exchanges with London a Rixdollar for an un-
certain Number of Pence (commonly between 4 and e Shillings.) With Holland
the fame for an uncertain Number of Stivers. With Nuremberg znd Augsier^,
Rixdollars for Rixdollars with an uncertain Premium. With Venice an uncertain
Number of Rixdollars for loo Ducats Banco. And with St. Gal 100 Guilders of
60 Crcutzers, for an uncertain Number of thofe Guilders.
At Eniden, the Money moft in ufe are Rixdollars, valued at 2 Guilders, 14 Sti->
vers ; and their Exchange is almoft confined to Amjierdam, between Rixdollars
and Rixdollars, and fometimes Guilders againft Guilders, both with a Premium
of fo much per Cent.
Bolzano is a Place conllderable in Exchanges with feveral Parts of France, Itafyt
Switzerland and Germany. The Species moft current here, are the German Rix-
dollars and Dollars, the former worth 90 and 93 Creutzers; the Guilder of 60
Creutzers is likcwife in ufe here. It exchanges with Lyons an uncertain Number of
Creutzers for a French Crown. With Rome the fame for a Crown. With Florence
Ditto for that Crown of 7^ Livres. With Bergam the Rixdollar of 93 Creutzers,
for an uncertain Number oi Soldi. With Venice the fame, for a Number of Soldi
Banco. With Ancona, the Guilder of 60 Creutzers for an uncertain Number of
Bajochcs. With fio/ojw ditto, for a Number of Soldi. With 5/. Ga/. 1 00 Guil-
ders for an uncertain 5lumber of dittos that Money. With Frankfort an uncertain
Number of Rixdollars of 90 Creutzers, for 100 Rixdollars of that Place j and with
Augsberg and Nuremburg the fame.
At Nuremberg and Ausbourr, the Guilder is 15 Batz, 20 Imperial Gros, or 60
Crcutzers ; the Crcutzers 4 Hellers, and the Rixdollar is i J. Guilder, or 90 Creut-
zers, {near 4/. 6 </. Sterling) 22 i- Batz, or 30 Imperial Gros; a thick Dollar is
1 * Guilders, or 25 Batz, or 100 Creutzers; a Gros is 3 Creutzers or 12 Deniers,
and a Batz is 4 Creutzers, or 16 Deniers.
Accounts are kept here in Guilders, Creutzers, and HtUers ; and the Exchanges
on Amjierdam and Leipfick, are in Rixdollars for Rixdollars, with a Premium. On
Venice in Guilders for Ducats de Banco j and on Vienna, Prague and Brejlau, in
their Guilders, for other Imperial Money.
At Liege, a Livre is 20 Scnellines, and the Schelling 16 Fertins. The Crown
or Rixdollar of this Place, is wortn 4 Livres, which are reckoned on a Par with
the Rixdollars of 50 Stivers current Money o( Amjierdam.
Here Accounts are kept in Livres, Sols and Deniers ; and Exchanges made in
Livres for Guilders of Current Money in Amjierdam.
At Antwerp, Brufels, Malines, Ghent, and Bruges, the Livre de Gros is 20
SchcUiiigs de Gros, and the Schelling 1 2 Deniers de Gros ; called here, at Amjier-
dam, and in all Brabant and Flan£rs, Pounds, Schellings and Groots Flemtjh \
and at Antwerp, as well as in Brabant and Flanders, are two Sorts of Money,
or rather one Sort with two different Values, for the fame Species are varioufly
reckoned in their Currency, or by Exchange. For Exchange, the Patagon or Rix-
dollar, is here reckoned for 8 Schellings, or 48 Stivers in Exchange-Money, though
for 56 Stivers current Money; and the Schelling de Gros, which is 6 Stivers in
J Exchange,
879
'W
is fr
m-i:
§
880 0/ //&^ General Trade of theWOKhD.
Exchange, paflcs for 7 Stivers in the Currency j fo that there goes ii6| Guilders
cr IJvrcs dc Gros Cui rency to 1 ( o Ditto iu Exchange ; 100 Livres de Gros, Banic
Monty at Jtmjlerdam, is commonly worth 2 to 4/fr Cent, more than 100 Livres
de Gros Exchange Money at Antwerp.
In Spain, the Gold Coins are the Tame all over ;he Kingdom, viz. the four,
two, and fingle Piilole Pieces, as alfo the i PiftoSe. The Silver Coins are the
Wejl-lndia Dollars (with its I'radtions of |, |, or two Rials, one Rial, and J Rial
of Plate) now worth loj Rials of Plate, whereas fomc Years ago its Value was
no more than 8 of the faid Rials, and the Piftole then worth but 32 Rials that
is jiow Current at 40 Rials ; thefe Dollars all come milled from Mexico ; but
from Peru they ftill come unmilled as formerly, being the fame in Value as
the others, with this only rafFcrencc, that of thefe no lew than Dollars and half
Dollars are Current, the leffcr F'aftions having been cried down above 20 Years
ago. When the late Emperor was in PolTeffion of Spain, he coined a pretty krge
Quantity of Peftareens (or | Dollars) which being ot a bafe Alloy, King Philip V.
.'owercd their Value 20 per Cent, on his coming to the Crown, fo that inftead
of four, five of them went to the Dollar, and the faid King coined many Dol-
lars with their Fradhons during his Reign. Their Copper Money is very vari-
ous, and almoft I'rovincialj that zl Cadiz and mCaJtHe, are double and fingle
Quartos and Ochavos, of which two Ochavos make a Quarto, and two fingle
Quartos make a double one j 17 Quartos make 2 Rials VcUon, which is now an
imaginary Coin, though formerly it was the principal one of the Kingdom. A
Maravadie is alfo another imaginary Specie, of which 17 is reckoned to a Rial
Vellon. The Ducat is alfo a fidtitious Coin of 1 1 Rials of Plate in Purchafes, Sales,
and all other Mercantile Tranfa<aions, except in Exchanges, when it is valued at
II Rials of Plate and 1 Maravadie, or 375 Maravadies. In the Kingdom of A^a-
lencia, the Copper Coin is peculiar to it, being called Dineros, of which 30 make
a Rial of Plate, and 24 a Rial 'urrent (being an imaginary Coin) of which 10
were reckoned of equal Value with 8 Rials of Plate, and 2 to be the fame as
3 Rials of Vellon ; here are alfo fome few Pieces of 3 and 6 Dineros, much
about the Size of our Half- pence nnd Farthings ; and as the Currency of this Coin
is very confiderablc (though confined to the Kingdom of Valencia only) they are
made up into Papers of 2 and 3 Dollars each, and fo received and paid unopened,
very often to the Value of feveral thoufand Dollars ; but in cafe of any Sufpicion,
they are weighed. Pil Barcelona, their Copper Money is again different, and 14
Rials Ardites is there reckoned to the Dollar; fo that I cannot help taking No-
tice of the Errors, all Authors that I have feen, ran into, by making the Coins
and the Entries in Accounts the fame all over Spain ; and where any one has va-
ried under a pretended Corredlion of his Predeceffors, he has done it, in fo erro-
neous a manner, as to leave the Account worfe than he found it. At Cadiz, Ac-
counts are kept in Rials of Flate, and its Fraftions ; in Cajlile in Maravedies, in
Valencia in Livrts or Dollars, Sueldos or Dineros, (of which latter 1 2 make a
Sueldo, an imaginary Specie) and 20 Sueldos, a Livre o.' Dollar. In Catalonia
in the Specie-; above-mentioned of Ardites ; and fo in feveral other Parts of the
Kingdom, which I thought proper to mention, as neceflary to redtify the Miftakes
made in this Matter.
This Kingdom exchanges \\ix\i London, a Dollar or Piece of Eight, for an un-
certain Number of Fence. With Brabant, Flanders, Holland, Zealand and Ham-
burgh, its Ducat of 357 Maravedies, for a Number of Groots -, with France for fo
many Maravedies againft the French Crown, or the Piftole for fo many Livres, CSc.
with Portugal, the Ducats for Crufades, or a Piftole for the Number of Reas;
with Novi, an uncertain Number of Maravedies for the Crown Mark j with Ver
nice the fame, for a Ducat Banco ; with Florence D" for the Ducat of 7^ Livres ;
with Leghorn the fame for the Dollar ; with Milan the fame for the Ducat of
1 1 5 Soldi J with Naples the fame for the Ducat of lo'Carlins j and D* with Pa-
lermo and MeJJiiia for the Florin of 6 Tarins.
In Portugal, the current Coins are many, viz.
In Gold.
The Piece of 25 Mil, 60 j Reas, worth in Sterling Money ^j 40
The Piece of 24 Mil, or 5 .Moidores — 6 15 o
3 Th.
0/ C O 1 N S, ^c.
88
Moidorcs
3
3
1
I
o
o
o
o
o
la
7
i6
7
i8
'3
9
6
4
2
2
I
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— o o
— o o
o
6
o
o
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6
o
9
6
3
K
4r
31
The Piece of 1 2 Mil, 8oo Reas,
The Piece of 12 Mil Reas, or 2^
The Piece of 6 Mil, 4c Reas — —
The Piece of 4 Mil, 800 Reas, or a Moldore —
The Piece of 3 Mil, 200 Reas — — — —
The Piece of 2 Mil, 400 Reas, or the | Moidore —
The Piece of 1 Mil, 600 Reas — —
The Piece of 1 Mil, 200 Reas, or the ; Moidore —
The Piece of 8 Teftoons, or 800 Reas — — -
The Silver Coins are.
The Crown, or Cruzade Piece of 400 Reas ■
The ^"tj of a Moidore, being 480 Reas —
The 1 2 Viiiten Tiece, or 240 Reas —
The 5 Vinten Piece, or lOo Reas — — —
The 2r Vinten Piece, or 50 Reas — •
In Copper.
The Vinten, or 20 Reas — —
The J- Vinten, or i o Reas —
The I Vinten, or 5 Reas o o o^V
Befides which, there are fomc few Copper Coins of lefs Value, current in tliat
Kingdom.
Accounts are kept there in Reas, making a Separation at every Hundred, Thou-
fand, &c, and it exchanges with London 1000 Reas, or a Mil Rca, for an uncer-
tain Number of Pence; with Hamburgh, Holland, and all the United Provinces,
a Crufado for fome Pence Fkmijh ; with Spain an uncertain Number of Reas, foi*
the Ducat or Dollar; with France the fame for a French Crown ; with Florence
D° for that Crown of 7 J. Livrcs ; with Genoa, the fame for a Scudl ; with Leg-
born, the fame for a Dollar of 6 Livrcs.
At Genoa and Novi, many Species of foreign Coins are current, but their own
arc the Dollar, of 5 Livres, the common Dollar or Ducat of 4 Livrcs ; 1 2 Denaris
make i Soldi ; 4 Soldis a Chavelet ; s>nd 5 Chavelets, or 20 Soldi, a Livre.
Account are kept in thefe Cities in Livres, Soldi, and Denari, or in Dollars
of ICO Soldis exchanging on London the Dollar of 5 Livres, for a certain Num-
ber of Pence ; on Amjlerdam and Antwerp, ditto for a Number of Groots ; on
^pain the fame for fo many Maravadies ; on Portugal the fame for Reas ; on
Geneva the fame for a Crown with a Premium ; on Venice the imaginary Crown
of 90 Soldi, for an uncertain Number of Venetian Soldi ; on Mi/an ditto for a
Number of Sols of the Empire ; on Rome an uncertain Number of Soldi for that
Crown ; on Parit the Dollar for an uncertain Number of Sols ; on Leghorn an
uncertain Number of Soldi, for the Dollar of fix Livres ; on Naples the fame L:
the Dollar of nine Carlins.
At Milan, many Sorts of Money are current as at Genoa, but their own Spe-
cies are Livres, Scidis and Denari, to be counted like Pounds, Shillings and
Fence, viz. 1 2 Denaris make a Soldi, &c, and Accounts are kept here in thofe
Species. This is a confiderable Place of Exchange; and gives to London a Ducat
for an uncertain Number of Pence ; to Spain ditto, for a Number of Maravadies ;
to Venice the fame, for a Number of Soldi ; to France, an uncertain Number of
Soldi for a Crown Tournois ; to Florence ditto, for that Crown of y^ Livres ; to
Genoa the f^me, for the Dollar of five Livres ; to Novi, the Caw. for a Crown
Mark; to home 100 Crowns, for an uncertain Number of ftanipt Crowns. Be-
fides which, it exchanges with many other Places.
At Rome, the Crown is worth 10 Julios, and the Julio 10 Bajoches. The
Crown is alfo divided into 20 Soldi d'Or, and the Soldi d'Or into 1 2 Denari.
Accounts are kept here in Crowns, Julios and Bajoches, or Grains and Quar-
trins ; and it exchanges with London, a (lampt Crown for an uncertain Number
of Pence; with Genoa, the fame for fome Soldi ; vfith Bergam zn6 Bologne, ditto
for ditto ; with Ancona 100 ditto, for a Number of their Crowns ; with Spain one
ditto, for an uncertain Number of M-ravadies ; with Bolzamo the fume for fome
Crcutzcrs ; with France, an uncertain Number for 1 00 French Crowns ; with Ve-
nice, the fame for 1 00 Ducata Banco ; with Legbcrn, tlie fame fur 1 00 Dollars ;
10 P with
''I,
^ '
881 0//i&^ General Trade o/M<f WORLD.
vrith Novi ditto for 100 Crowns ; with Lueca 100 ditto for an uncertain Number
of thofe Crowns of feven Livres.
At Leghorn the Dollar is worth Hx Livres, or 20 Soldi, and the Soldi 12 Dc-
nari, and the Ducat is worth 7 Livres.
At this Place Accounts are kept generally in Dollars, Soldi, and Denari > and
the Exchanges arc made on London by giving a Dollar of 6 Livres for an un-
certain Number of Pence; on Holland ihc (ame ior a Number of G roots; on France
the fame, for a Number of Sols; on Portugal the like, for a Number of Rcas;
on Florence the fame, for fome Soldi ; on Genoa, ditto for ditto ; on Venice, an
uncertain Number of Dollars for 1 00 Ducats Banco ; on Naples, 1 00 Dollars for
a Number of Ducats of 5 Tarins ; on Novi ditto, for the like Number of Crowns,
with a Premium ; on Rome ditto, for an uncertain Number of Crowns ; on Geneva,
ditto for ditto ; and bcfides, it exchanges with many other Places, in the fame
Manner as its Capital Florence docs.
At Florence, 5 Quartrins make a Craca or Grain, 8 Grains a Julio or Paulo,
12 Grains aLivre, and 7^ Livres, or 150 Soldi, a Crown.
They here keep their Books and Accounts in Crowns, Soldi, and Denari j
Picoli, or Current ; and exchange the Crown of 7^ Livres with London, for an
uncertain Number of Pence; with iS^^i/n the fame for Maravadies ; with Por/w-
fal ditto for Reas ; with Milan ditto for Soldi ; with France, an uncertain Num-
er of ditto for 100 Crowns Tournois i with A'o'di ditto for lou Crowns of that
Place ; with Venice ditto for 1 00 Ducats Banco j with Naphs i ^ o ditto for an un-
certain Number of Ducats ; with Leghorn an uncertain Number of Soldis, for the
Dollar of 6 Livres; with Lucca 100 Crowns for an uncertain Number of Crowns
of 7 ^ Livres j with Rome ditto, for an uncertain Number of Roman Crowns ; with
Amjlerdam, Antwerp, and Genoa, the fame as from Leghorn to thofe Places.
At Lucca, the Crown is worth 7 Livres 10 Soldi, the Livre 20 Soldi, and the
Soldi 12 Denari, all d'Or, and they keep their Accounts therein.
At Naples, feveral Coins are current, but their own is the Ducat, which
makes 10 Carlins; aTarin 2 Carlins; a Carlin 10 Grains; a Grain 3 Q^rtrini :
n Carlin worth about e d. Sterling.
Accounts are here kept in Ducats, Tarins and Grains ; and Exchanges made
with Spain, by giving a Ducat of 10 Carlins, for an uncertain number of Mara-
vadies ; with Genoa the Dollar of 9 Carlins, for fome Soldi ; with Palermo the
Ducat of I o Carlins, for a Number of Ponti; with Leghorn, Florence, Venice,
Rome, and France, for i co Dollars, Crowns, Ducats, Aampt Crowns, and Crowns
"Tournois, 100 Neapolitan Ducats with a Premium.
In Sicily, the Coins are very like the preceding; 8 Pichili make a Ponti, 6 Pi-
chili a Grain, 10 Grains a Carlin, aTarin is 2 Carlins, 12 Carlins is a Florin, 13
Tarins a Ducat, and 12 Tarins a current Crown, which is about 5/. Sterling.
Accounts are kept in this Ifland as at Naples ; and it exchanges with Spain
the Florin for an uncertain Number of Maravedies ; with Florence an uncertain
Number of Carlins for the Crown of 7I Livres ; with Novi the fame for the
Crown ; and with Naples an uncertain Number of Ponti, for the Ducat of 5
Taris.
At Venice both the current and Bank Ducat make 24 Soldi, or fix Livres and 4
Soldi. The ^f«f/M« Piftole 29 Livres.; theChequin 17 Livres; theTeftoontwo
Livres 14 Soldi ; 4. Ditto or a Julio, 18 Soldi ; a Soldi 12 Denari ; a Livre Picoli is
20 Soldi and about 9 (/.-Sterling. Accounts are kept here in Livres, Soldi and De-
nari, Picoli or current ; but the Bank Entries are in Livres, Soldi, and Grofles.
It deals very confiderably in Exchanf^"*!. and gives to London a Ducat of 24 Grains
Banco, for an uncertain Number of 1 ; Sterling ; to France an uncertain Num-
ber of Ducats, for 1 00 Crowns Tourr in ; to Spain one Ducat for a Number of
Maravedies ; to Holland, Brabant, 1 id ritimburgh, a Ducat for a Number of
Groots ; to Novi, an uncertain Number of Ducats for 1 00 current Crowns ; to
Naples, 100 Ditto for an uncertain Number of Ducats, of 10 Carlins ; to Leg-
horn, 1 00 Ditto for a Number of Dollars of fix Livres ; to Lucca 1 00 Ditto Kir
an uncertain Number of Crowns of 7 i Livres ; to Rome the fame, for an uncer-
tain Number of Crowns ; to Genoa, an uncertain Number of Soldi Banco for the
Crown of four Livres j to Milan the fame, for a Crown of five Livres f c Soldi ;
to
0/ C O I N S, m-
to Franci/ort, Nuremberg, and St. Gal, lOO Ducats, for an uncertain Number
of Guilders of 60 Crcutzcrs.
At Bologna Accounts are kept in Livres, Soldi, and Denari, the Livre being
20 Soldi, and the Soldi 1 2 Denari. The Money is a Crown worth four Livres
Avs Soldi, or 85 Boulonins. Here is likewife a Teftoon valued at one Livre 10
Soldi i a Jules at 20 Quartrins, and the Soldi Bayock, or Boulonin, at fix Quar-
trins. Many Coins of the Empire, France and Spain^ pafs current here, and it
exchanges with France an uncertain Number of Soldi for one Crown Tournois j
with Naples thr fame, for the Ducat of 10 Carlins; with Venice, the Crown or
Dollar ot 85 Soldi, for an uncertain Number of Soldi ; with Rome an uncertain
Number of Soldi, for the Crown of 10 Julios; with Lucca, the fame for the
Crown of 7 J Livres; with Florence ditto for the Ducat of feven Livres.
At Bergtim many foreign Coins arc current, and their Accoimts kept in Livres,
Soldi, and Denari, of which 20 Soldi make a Livre, and 1 2 Denari one Soldi. I'he
Ducat or Crown of Exchange is reckoned at 7 LivreD, rnd of thcfe it gives to N^vi
an uncertain Number, for 100 Crowns that Money; to Miltin the lame for the
Ducat of five Livres and i ; Soldi ; to Lyons ditto for a Crow'' Tournois ; to Rome
Ditto for a Stampt Crov/n ; and to Venice a Crown for an uncertain Number of
Soldi.
At Parma Accounts are kept in Crowns of 20 Soldi, and one Soldi is 20 Denari.
The Merchants Crown is reckoned 4 Livres, with an unfcttled Premium.
At Modena Accounts are kept in Lires, Soldi, and Denari ; they have aUb a Du'^
cat of five Livres, with many other foreign Coins current here.
Mantua has the fame Species and ilie lame Way of Reckoning as the lad men-
tioned Place.
And at Ferrara and Ancona Accounts are kept, and the Species the fame as at
Rome.
In the Ifland of Sardinia, Accounts arc kept, as in moft Parts of Italy, in Livres,
Soldi and Denari ; the Dollar or Piece \ is worth 9 ; Rials, and the Rial 1 5 Soldi,
Sardinia Money, and the Livre 20 Soldi ; fo that the Dollar is valued in 6 Livres^
18 Soldi, or 1 38 Soldi, that Ifland's Currency.
At Placentia Accounts arc kept in Crowns, Soldi, and Denari oi Mark, of which
12 Denari make a Soldi, and 20 Soldi the Crown. This Place always gives in Ex-
change an entire Sum, viz. a whole Crown, or 1 00 Crowns, Gfr.
In the Ifland of Malta Accounts are kept, and Money is the fame with that of
Sicily, being Silver, Copper, or Brafs, of which the latter are the current Species ;
and in Negociations of Purchafes or Sales, it is always ftipulated w'. ether Payment
(hall be made in Silver or Brafs Money, the former being efteemcd 50 per Cent.
better than the other. Six Pichili make a Grain, lo Grains a Carlin, two Carlins
a Tarin, and a Deci Tarini 10 Tarins, befides which many foreign Coins ard cur-
rent on the Ifland.
In Savoy and Piedmont, the Species arc Madonines or Piftoles of Savoy, worth
13 Livres; Ducatoons worth 7 Florins, or 84 Soldi; the Savoy Crown, worth
3 Livres, 1 2 Soldi ; the Livre worth 20 Soldi, and the Soldi worth 4 Qnartrins or
Liards. Accounts are kept here in Livres, or Lires, Soldi and Quartrins ; and their
Exchanges are in Ducatoons.
In the Ifland of Candia, the fame Coins are in Ufe, and the fame Method of Ac-
counts pradtifed as at Venice. In their Meafuring two Pico's are ufed, the one for
Silk, and the other for Woollens ; 100 of the former making about 614. Yards
Englijh, and 1 00 of the others four Yards more. The Weights of this Ifle are alfo
two ; the Suttle and great Weight ; 100 lb. of which latter very nearly correfponds
with 1 18 lb. Avoirdupois, and the 100 Suttle making about 76 lb. Ditto.
In the Morea, Accounts are kept as in Venice, or Turkey, according to which
of thefe Powers the Place is fubjcft, though they generally reckon in their Deal-
ings by the Dollar of 80 Afpers. In co.i.puting their Weights, they reckon 1 1^-
Drams to an Ounce, 12 Oun'.es to the Pound, 3 lb. to the Ocque, 132 lb. to a
Quintal (of about 117 [ lb. Englifli) though in weighing Raw Silk, they count 15
Ounces to the Pound. Oyl is lold here by a Mtoliire called the Levor, weighing
about 7i lb. of which 10 make near 15 Englijh Gallons, or 1 12; lb.
Corn
883
II
i.i
i,iif»«iiipp-
r',V);
1^
884 0/ the General Trade of thr WOR LD.
Com is fold here by the Bochcl, of which 9; make 8 Uulhclit It'incbeJltrMet-
furc, and their Wine is fohi by the Lodcr, coiitiiiiiiiig »bout 8 (Jullons Engi.jh i
which Weights and Mcal'urcs I mention here, as they were omitted in their (jro.
per Place.
At ConJIantinople, the current CuinN arc golden Sc\]uins, worth 24^ A(;)er«.
The Piece rcclioncd at 120 Ar|K*rs. The FuruH or Mediiis worth 3 Ar))crs, oud
the Afper worth a I'riHe more tlian a Farthing Sterling. Many foreign C oins p.iis
here, I'uch as Spanijh Dollars (if weighty) at 108 to 1 lu Afpcrn, and in Proportion
for what they are light i Caragroud)(< (Money of the Empire) lor 12 > Alj)crs;
the Aflclanis, Abouqucls, and Lion Dollars of Infpruck and UollunJv;or\\\ 1 1 6 Al-
pcrs ; the Folijh Abras, the Turks, Izelotcs, yaiftian, and 1 luti^tittati /ckinu, iHc.
At Smyrna they ufc for current Money the Aifclanis luid Abouqucls, worth 80
Afpers, the Scherifs of this Place being Pieces of Ciold worth »\ DollarN.
At Alexandretta, or Scandfroon, as well as at jlli'ppo and Seydtt, the i urrcnt Coins
are 'he Dollar worth 80 Afpers, and under thele Denominations all Accouius uro
kept in thefc Parts.
At AlfxtinHria, Rojitto, and Grand Cairo, the current l>ollar is worth 33 Medini,
and the Abouquel or Lion Dollar, 30 Ditto ; the Allulani worth 32 Medini, and
the SpanipJ Dollar about 70. The Gold Coins arc the Sultani, XerilF, and Chc-
keens, being each worth about ^s. \d. 5 J. or 6 d. Sterling.
The Places mentioned in the three lall Articles (hould net have licen infcrtcd
here, had their Connexion been lefs with Coitjlantinople than it is, as their Situa-
tion is not in Europe, to which Part of the World I propolcd to confine the pic-
fent Scdtion of Mcafures, Weights and Coins, which I have now finiihed with all
the Accuracy I have been able j and though the grcatcll Part of the preceding
Tables and Computations arc colle^ed from fcveral Authors, and their Iriors
(which were many) correftcd, whcrecvcr 1 perceived them j yet I have not ilopt
here, but alfo very confiderably enlarged them, by the Addition of m;\ny prin-
cipal trading Places, that had been omitted by the Compolcrs of the aJortlaid
Calculations, who have generally copied from one another, and tlu tcby propa-
gated the Miftakes and Ovcrfights of the firll Inventors, which are here (at leaft
in fome Meafurc) rcftificd and improved.
I (hall next endeavour to give the beft Account I can of the Weights, Meafurcs,
and Coins of the other trading Parts of the World, and with this finilh my Work,
and conclude my Labours.
At Caffa in the Black Sea, many foreign Coins arc current, but thofe in moll
EAeem arc the weighty Mexican and Sevilian Dollars, which arc always worth here
I o per Cent, more than the AU'elani, being continually bought up by iht: Armeniam,
and fent to Perfia. The Aflclani paffes for 90 to 100 Al'pers ; the Venetian Zekin
for 2\ Affclanis (as at ConJIantinople ;) the Abros pafles for | of an AlTeianij the
Izclot for \ of ditto, and the Turk for .;.. The Ocque or Ok of Cajf'a is the fame
with that at Conjiantinople : And they have two Sorts of Long Mealiires, tlie one
for Woollens and Silks, and the other for Linens, Cottons, fife, both are called
Pics, but the firft for Diflindion Pic-arfem j the Linen Pic is 30 per Cent, bigger
than that of Conjiantinople.
At Kily, or Kilia, the Money confiAs in AlTclanis, worth fometimes 1 1 c or 1 16
Afpers, as it Conjiantinople, their Price being generally governed by that of the lull
City : The Izclot is received here for * of tne Dollar. The Sevilan and the Cara-
groufch have here the fame Currency as at Conjiantinople, and other Species at a
proportionable Value.
At Prevat, all Trade is carried on in Affclanis, Abras, Turks, Izelotes, Venetian
and Hungarian Zckeens, Cheriffs, Afpers and Para's ; thefe Species being com-
monly 1 5 per Cent, higher than at Conjiantinople, as they arc at Synope, Nicopolis
and Cajlatnboli.
At LaMaJire the current Coins arc only the AlTelanis, Quarts, Turks, Izelotes,
and Afpers, the Sevilan and Caragroufch Dollars not being fo much as known here.
At Halonica, in the Archipelago, the Sevilan is worth 2 1 2 Afpers, and the Sequin
Roufpi 412. The Meafurc called the Guilot makes nczv \\d\f z Leghorn Sack, as
the Ocquc does 3 : lb. of that City, and the Pic is near a Dutch Ell.
\ In
1
C<l'. V
1
0/ C O I N S, gff. 88s
111 Ihirbary the grcatcfl Part of the Muricy ulld is torei^it : Here arc however
fume Coins ftruck by the Kings or Dcys in their Jiftcrcnt Tcrrituricii, tho' the
general Currency in iheic Parts arc Sbanijh Dullitth, French Crowns, Hungarian
Ducats, and the Turkijh Golden Suhnnins.
The Metecals are a Sort of Gold Ducats mode at Morocco, hy the Jews at their
Plcafure, fo that their Standard is very uncertain t the lilunquileN arc fmall Silver
Pieces worth 2^ French Sols, and the Fclours arc Copper, of which 8 gu to a Blan-
uile. Dollars, Halves and Quarters are almoin the only forcign.Coin current in
\ljrocco, where the Englijh, French and Dutch Gold and Silver, or the Spanijh Pi-
ftoles are not received.
There is alfo coined at Tunis foine Species of Gold nnd Silver. The Sultanins
are of the former Metal, but heavier by \ than thofc oi Europe. The Navarc arc
of Silver, cut nicely fquarc , the Doublas and Burbas coined here are the fame in
Value with thofe of Atgier.
The long Meafure oi' Aleguinez is the Palme, which is eight French Inches, or
* of tiie Paris Foot : And the long Meafure of Santla Cruz in the Kingdom of
Morocco, is called a Coude, of which loo Paris Ells make 225 j the 100 Aunes
of Holland 133; 100 Eng/ijb Yards about 175; and a Cane of Provence 3'.
Coudcs. The real Coins are the Flux, Blanquillc and golden Ducat ; the Flux
is of Copper, and 1 6 go to the Blanquillc, of which 4 make an Ounce, and 1 o
Ounces or 40 Blanquillcs make a Silver Ducat 1 the gulden one has no fixed
Courfe, but the Price of it varies according to its Scarccnefs or Plenty, from la^-
to 1 5 Ounces. A weighty Dollar yields a Trifle more than7| Ounces, given into
the Mint fer making Blanquilles 1 their Weights are 5 per Cent, heavier than the
Mark Weights, and it has been found by Experience, that 100 Marfeilles Pounds,
produce at Santa Cruz 97 lb. and lOo of Santa Cruz yield 125, or 126 at Mar-
J'eillis.
At Aigier the current Money made there, are golden Sultanines, and Afpers i
Burbas, of which 6 go to an Afper. The Doubia is Silver, and worth a Trifle
more than the French Crown ; the Rubick, Median and Zian, are all Gold
Coins; the firft worth 35, and the laft 100 Afpers; but thefe three Species arc
particularly ftruck at 'treinecen. The foreign Coins that pafs here, are the Sul-
tanines 01 Morocco, the Portugal Golden Pieces, the Venetian Sequins, the Spa'
nijh Piftoles, and Dollars of all Weights. The Value of thefe Species is not here
fixed, but varies (though not much) according as it fuits the Government ; not
but the Patique Cbique (fmall Dollar) or the Afper Dollar (which is an imagi-
nary Coin) is fixt, and always worth 232 Afpers; the ;. of a current Dollar,
commonly called the great Patique, which ordinarily weighs 2| Piiloles, but is
fumetimcs altered by the Dey. In 1725, the Saltanin of ullgier and that of
Morocco, were worth 2 current Dollars and 4 Rials ; tne Venetian Sequin, 2 Dol-
lars, 6 Rials ; the Cruzade of Portugal 7 Dollars ; the Spanijh Piftol four Dol-
lars and 4 Rials ; the Sevil and Mexican weighty Dollars, 20 to the Pound, 3
fmall Patiques and 7 Temins ; the weighty Leghorne Dollar, 3 current Dollars,
and 6 Rials ; ditto of Tunis 3 Dollars, and 4 Rials ; the great Pataque or current
Dollar of Aigier, 3 fmall Pataques, or 696 Afpers ; the Temin is a fmall Rial,
or 'f Part of the little Pataque, that is 29 Afpers > the Caroube is half a Temin
or 14I Afpers.
The common Algi^r Q^ntal is 1331b. oi Marfeilles, or io6lb. deMarc; the
Pound in general is compofed of 1 6 Ounces, except in weighing Chocolate, Tea,
and limilar Commodities, when it is only 14 Ounces; the Pound of Dates, Rai-
fins, &c. is 27 Ounces.
The Meafure for Woollens and Linens is the Turkey Pic, of which 2 make i
Aune and 2 Inches Paris Meafure ; but Gold and Silver Stuffs and Silks are fold
l^y the MoreJ'cQ Pic, three of which only make 24. of that of Turkey.
Though a confiderable Trade is carried on to the prodigious extcnfive Coafts of
jtfr'uk, and though thefe are peopled by numerous different Nations, yet Coins
are unknown among them, and all their commercial Tranfa^ions carried on by
Way of Barter, they having no other Money in Ufc, than fomc Shells for ihe
purchafe of fmall Matters, in mofl Places ; and in Abyjjinia or the Empire of
Prejler John, fomc Bits of Rock Salt only ; fo that this great Part of the World
10 Q_ affords
i->
Ill*'
■ ■»
I
886 0///&^ General Trade of the WORLD.
afTurd* me nothine to remarli on the Suhjcdt I am at tirefcnt cnKaged in, till
\vc come to the ifle of Madiga/car, where though Money ii ulclcli, yet they
have lume Wcighti, though only for Gold and Silver, and the biggcft of the/o
not exceeding a Orngme, or the Gros, they having no Notion of Ounces or
I'ounds, nor Fernit m which to exprcft them. I'he Gros in here called Sompi i
the Dcmi-gros, f^afit the Scruple or Pennyweigh Sacarei the Demy Scruple
or Ubulcy Natifui, the lix Grains Nanque t the Grain unnamed among them.
And all other Merchandize are exchanged according to their Value and not
Weight, They have lilcewife here long Mcafures, and thufc of Continence,
the Tatter like Hufhcls arc called TroubabouMhe, or Moncha, that hold fix
Poundti of hufked Rice. The yeule, not containing above half a Pound, and the
ZatQu, with which unhufked Rice is mcafurcd, and contains loo Voules, being
near 25 Pounds i they have but one long Mcafure called Refc, which is very near
an European Rralfc, and they are not unacquainted with the Span, but open their
Hand to dcfcribe it.
1 Ihould here liavc proceeded to dcfcribe the Weights, Mcafures and Coins of
yijia, &c. as they are in Ufe at every Place, but as this would (Kxafion Repetitions,
I rtiall give them alphabetically to avoid fwclling this Article unncccfTarily.
^bagi or /l/>ii//iu is a Pcrjiiin Silver Coin, worth 2 Mamoudis or 4 Chaycs j the
Chayereckoncd to be equal in Value to aTriflemorcth3n4Sols,6 DeniersofFrtf«f/,
fo that the Ab;igi is 1 8 Sols. This Specie is current through all Perjia j and at
'Tijlis and in all Georgia it is worth 22 Sols Touriioh -, 4 Chaouris, or Sains, make
here an Abagi ; i Ulaltou, a half Abagi or 2 Chaouris ; 40 Afpers or Carbequis
make alfo an Abagi, and the t^enttian Sequin is worth lix Abagis and three Cha-
ouris.
ylias, a Perjian Weight for Pearls, being ; lighter than the European Carat.
ylhucco, Ahocco, or Abocchi, a Weight uicd in the Kingdom of Pegu, confiding
of 1 2 ; Teccalis ; 2 Abuccos make the Agito, or Gizo ; 2 Gizos make 1 Demi
Hi/a, and the Biza weighs 100 Teccalis, about 2 lb. 5 Ounces of the heavy, and
3 n>. 9 Ounces of the light Weight of Venice .
Acre, or Lacre, an India Money.
Almene an Indian Weight of about 2 lb. ferving to wtigh Saffron in many Parts
on that Coa/t.
ylrch, an imaginary Money in the States of the Grand Mogul, particularly at
Amadahath, of which 4 make i Crou; a Crou worth 100 Lacs or Laquesj and
the Lac 1 00000 Roupies, or Rupees.
Baatt in Siamifc, and Tical in Chinefe, is both a Weight and Coin current in
the two Empires j the Weight is 4 IVfayons (in SiameJ'e Seling) the Mayon 2
l-'cuangs, the Fouang 4 Payes, and the Paye 2 Clams ; here are alfo Sompayes, in
Value ; a Fouing. All thefe Weights arc alfo Coins, or at leaft Bits of Silver that
pals in lieu of them, as well in China as Siam. The Tical weighs 3 Gros and
23 Grains, which (reckoning the Ounce of Silver at 3^ Livrcs TournoisJ is 32 Sols
and 4 Dcnicrs that Money, as it weighs near ; an Ounce.
Bahar, Babaire, or Barre, is a Weight ufed at Ternate, Malacca, Achem, and
fcvcral other Places in the Eaji-Indies. There arc two Sorts of them, the one called
the great Bahar, and the other the little one. By the firft Pepper and all other
SjMcc is weighed ; it is coinpofed of 2co Catis ; the Catis of 26 Taels, or 38 J^ Oun-
ccb PortugiieJ'e, e.ich Tael being reckoned i| Ounce that Weight ; fo that the
Bahar is 550 lb. of Portugal, or 48 1 lb. 4 Ounces of Paris, Strajburg, Amjlerdam,
&c. The fmall Bahar, by which is weighed Quickfilver, Vermillion, Silk, Sff.
alfo confifls of 200 Catis, but each Ca'is is only 22 Tacls, or 32; Ounces Portu-
gui'fe ; fo that this Bahar only makes 458 lb. J 3 Ounces of Portugal, and thcfe
near 401 lb. 7 Ounces oi Paris.
The Bahir oi China is 300 Catis, but thefe only make 200 of Mu'acca, each
Cbinefe Catis containing no more than 16 Taels, one of which weighs i| Pieces
\ and confifts of 10 Mafmacc or Mafes, and each Mas 10 Condorins. The Bahir
of Mocba in Arabia, weighs 420 lb. containing 15 TrafTels, the Traffcl 10
Mauns, the Maun 4oTuckca, and the Tuckca loCoffila.
Barutb,
in. till
yet ihcy
of thc/o
Ounces or
led Sompi i
V Scruple
bng thcin.
pc and not
|ontinence,
hold fix
jd, and the
[ulcs, being
ps very near
open their
ul Cuins of
cpetitions,
rily.
haycs ; the
Irs oi France,
r/ia i and at
Sains, make
CarbcQuis
1 three Cha-
h-an Carat.
u, confiding
lake I Demi
c heavy, and
n many Parts
)articularly at
Laquesi and
oin current in
the Mayon 2
Sompayes, in
of Silver that
bs 3 Gros and
wiij is 32 Sols
, Achtm, and
the one called
- and all other
1, or 38j.Oun-
t i fo that the
g, Amfterdam,
ion, Silk, Gff.
)unces Portu-
iga/, and thefe
Ma'acca, each
ighs 1 1 Pieces
1. The Bahir
ie Traffel 10
Barutb,
0/ C O I N
Btirtifl, nn InJiiin Mcafurc containing 17 (Jant.ins, tliit
Pep|iiT, Paris Weight, of 16 Ouncci lu the Poiiml
is 50 to j6 Ih. of
. (b thut the CJ.ititiin ought to
hofd near 3 lb.
Hitjiiruco, a fmall liuli,m C«»in of two Sorts, the one ternud u;o()d ami the other
bad, which latter arc \ Icfs than the others { 3 godd Kalitrucos make 2 Portugueji
R.'a«, 15 a Viiitain, and 375 a Pardao-xcrafin.
Biifman, a Perjian Weiijnt, of which there are two Forts, the one called Hatman
deC'ahi, bcin^thc King's Weight, and the other tlic Hatmun deTauris, from the
Name of a principal City in Pcrjiin that of C'alii fcrvcs to weigh us well the Ne-
i-cflaricR of Life, as tlie Loads of the Heads of Kurden. It weighs i 2 ; lb. ot Ptirii,
of 16 Ounces. That of 'Tanris only ufed in Affairs of Trade weighs f)[ lb. or half
of the other, though by fomc it is I'uppolcd only to weigh 5 lb. and 14 Ounces,
at which Computation it confifts of A Rattles, each a 1 ririe Icfs than a Pari/ian
Pound ; the Derhcm or Draumc, which is the fifth Part of a Pound ; the Melcal
,' a Derhcm, the Dung or the 6th Part of a Mcfcal, and is equal to 6 Grains,
Cirat Weight, and the Hurley Corn, which is ; of the Dung i be fides which Di-
vi lions the Per /inns have that of the Vakie, about a Freitcb Ounce, and the
Sahcheray, confiding of 1 1 70 Derhem.
iiijbrch, a current Coin of Or/wttj, very near in Value with the Liardsof F^dw*",
10 of them make i Pais j 4 Pais 1 Soudis ; 10 Puis 1 Chay (worth iowx Dutch
Stivers) 20 Pais i Mamoudi ; 2 Mamoudis i Abbalii j 25 Pays 1 Larin i 5 La-
riiis the Real or Rixdollar ; and 100 Mamoudis i Toin.in. They reckon in Or'
runs by Tomans, the fame as in Holland by Livrcs do CJros.
Biis, both a Weight and Meafure ufed on the Coall of Coromandel in the Eaji-
Indies. It is the ; of the Maun, containing 5 Cccrs, and i Cecr, 24 Tols. aec
Maun.
mjti, Bizti, or liizc, is a Money of Pegu, with the fame Currency as a half
Ducat. BIztt or Piza is alfo a Weight in the lame Kingdom for weighing of
Mcrch;»ndi9«c ; it is about 2 lb. 5 oz. heavy Weight of Venice, or 3 lb. 9 oz. the
fiittic or light Weight of that Cityj it likewife weighs looTecaUs ; befides this
the fmalled Weights :irc the Abucco, weighing 12 J Tccalis s the Agito, weighing
2 Abocchis, and 2 A li the-Demi-Biza, that is 50 Tecalis.
Bi/li, a fmall Per/i.iu Money, which fome good Authors place among the current
Silver Coins of Pc/Jiit, and make it worth 1 Sol, 4 or 6 Deniers lournoisi but
others probably more credible, and among them Sir yoyftw C/6<»r</r>/, only reckon
the Bifti as an imaginary Coin ; it is true, they call it Dinar-Bifti, which they
make to be worth 10 fingle Dinars j fo that on tnis Footing, of 1 0,000 fingle Di-
naries, that go to a Toman (another imaginary Specie) there muft be only looo
of thofe called Bifti.
Cabeer, a Money ufed for Accounts at Mocha, of which 80 are reckoned to a
French Crown.
Ciniiiii, a limiid Meafure ofth* Kingdom of Siam, which the Portuguefi caM
Choup : it contains near a Pot, or near 2 Pints of Paris j \ of the Canan is called
Leing, the fame as the French Chopine.
Ciind'ul, or Candile, a Meafure of Continence ufed in India, at Cambaya and
Bengal, for Rite and other Grain ; it contains 14 Boiffcaux, and weighs near 500 lb.
and the Gauge of Ships is reckoned here by the Candid, as it is by the Ton in
Euro/>c ; lb that when it is faid, a VefTel is 400 Candiils Burden, it is to be un-
derftood flie can carry 200,000 lb. or 100 Tons.
It is alfo a Weight ufed in China and at Galanga, of which there are 2 Sorts;
the fmalleft being 16 Mauns; the other, which is the heavieft, confifts of 20
Mauns ; the Hrll makes 3 Chintals good Weight, and the laft 3 Chintals and 3
Rubis; the Rubis making 32 Rotolis.
Cando, Candi, or Condi, a long Meafure ufed in fcveral Parts of India, and
particularly at Goa, where it correfponds with \j Dutch Aunes, J. per Cent.
bigger than the Aunes of Babel inA BaJJbra; and 61 niore than the Varrc, or
Aune of Ormus -, Silks and Woollens arc meafured by the Varre, but Linens by
the Can Jo i which Mcafurc in the Kingdom of Pegu is equal to the Aune of
Venice.
Cos,
88f
i
•f
vuy.
i^. 1
888 0/ the General Trade of the WORLD.
Cas, Caxa, Cayas, Cache, Cajfe and Cujie, is a fmall Money of Lead, and the
Scum of Copper mixed ; its principal Currency is at Bantam, and the reft of the
lilc of Java, and in feme neighbouring Iflands ; this Money made at CL'ncbeut
a City in China, is a little thinner than a Double of France, and has a Hole
bored in the Middle, by which many of them are llrung together; this String,
called a Santa, has 200 Caxas, which are worth 9 Deniers j 5 Santas tied in a
Bundle, make 1000 Caxas, called a Sapacou, which make 3 Dutch Stivers and
9 Deniers. There is nothing more brittle than this Money, fo that if it falls
it certainly breaks in many Pieces ; and if it lies but one Night in Salt Water,
they ftick fo clofe together, thet more than half is broke in their Separation ;
the Malayans call them Cas ; but in the Language of Java, they are named
Pitis. There are two Sorts of them, great and fmall j the latter are thofe I
have been fpcaking of, whofe Value is fo fmall, that 300,000 of them are only
worth about 56 Guilders, and 5 Stivers of Holland; the biggeft are the old ones,
of which 6000 are worth a Piece of Eight, and arc very little different from the
Caches of China, and the Caffies of Japm.
Cafa\)a, Gafava, or Gazana, is an Rajl-lndian Silver Coin, and one of
the Koupic; current in the Dominions of the Grand Mogul, efpecially at Anu."
dabath.
Cajheque, Kab'fquf, or Cabefque, is a fmall Copper Coin, only made, and ctii-
rcnt in Perjia; ii is worth about 6 Deniers Tournois, and the Demi-Cabefque
one ha'f. Ful, is the common Name for all Copper Money in Perjia.
Cati, Catti, or Katti, is a Chtnefe Weight, particularly in ufe on the Side of
Canton. It is divided into 16 Taels, each Tacl making i Ounce, 2 Gros of
France; (o that the Cati is 1 lb. 40Z. Mark ; 100 Catis make a Pic, which is a
large Chtnefe Weight, like the 120 lb. of Paris, AmJierdam, StraJburg, &c. The
Cati isalfo the only Weight at Japan; it is likcwife ufcd at Bata ; and other
Parts of India, where it is lighter o. ueavier, according to the Number of Tacis
it confifts of J for Example, at Jcrva it is worth only 20 TaAs, and at Cam-'
baya 27.
Cati is alfo a fmall Weight which the Eaftern Lapidaries ufe, for weighing Eme-
ralds, being only 3 Grains. It is likewife an Account Money ufed in Java,
and other neighbouring Iflands, being near in Value to 19 Dutch Guilders, and
100,000 Caxas of Jav" ^o the Cati.
Cavan, ufed in fome of the Philip^Uc Iflands, !»nd efpecially at Manilla, for
nieafuring Rice, and other Corn and Pulfe, containing 50 Spanijh Pounds of the
firfl:,
Chaye, Schai, or Chay, is the fmalleft Silver Coin that is made, or current in
Perjia ; fome pretend that this is the Bifti, which according to their reckoning
makes i Sol and 6 Deniers Tournois, although it ieems certain, that the Bifli is
not a real, but imaginary Specie. The Chaye is worth juft 4 Sols, 7 Deniers and
I Maille of France.
Cheda, a Pewter Coin, made and current in the Kingdom of that Name, ly-
ing in the Eaji-Indies, and in 'Se Neighbourhood of we Great Moguls Domi-
nions. There are two Sorts of this Money ; the one of an Odtagon, and the
other a round Figure ; the Aril weighing 1 4. Ounce, and pafTes in the Country
for the Value of two Sols Tournois, althoueh on the Footing of 14 Sols per
Pound of Pewter; it ought not to be worth more than i Sol and 3 Deniers.
The round Cheda worth 4 Deniers, has 80 Cawries, or Maldivian Shells givea
for it ; both are received in the Kingdom of Pera, of which the King of Cheda
is alfo Maftcr.
Cberajis, or Teli, are Golden Medals Aampt in Perjia, erroncoufly fuppoled
by fome to be a current Coin, but the Perjians make none of Gold ; fo that
all the Money pafling in that Empire of this Metal is foreign, and not coined
there.
Cher ay, or Chaby, a Perfian Weight uled in Trade ; this is what is other-
wile called the civil or common Weight, aiid is double that named the legsil
Weight.
iJjerif, a fmall Gold Coin made current in F>gyJ>t, worth about 4J. Sterling.
Clam, a fmall Weight, and imaginary Coin of Stam. Vide Boat.
2 Cobilf,
- '-J
0/ C 1 N S, (^c. SSp
Coiile, Covid, or Coude, a long Mcafure ufed in fevcral Parts of India, being
unequal and varying as the Aunc does in Europe. At Sural, Monf. Tavernier
makes it 2 Feet and i6 Lines, King's Meafure, and it is divided into 24 Tafotsj
each Tafot a Trifle more than an Inch.
Cociein,&n imacinary Specie, ufed iii Japan, in Accounts, like the Piftole in many
Parts in Europe, being iti Value about lo Livres Carolus of the Low Countries.
Coffila, a Weight of Mocha. Vide Babar.
Cohi, a large dry Meafure ufed in the Kindgom of Siam, for Corn, fifr. It con-
tains 40 Seftes, and the Sefte 40 Sats ; fo that reckoning the Sat at a Trifle more
than 31b. Marc, and the Sefte looCatis, or 125 lb. that Weight, the Cohimuft
weigh exadlly 5000 lb.
Coiang both a Weight and Meafure of Cdmbaye in the Eaji-Indies, of whicji
5 make a Laft.
Commajje, or Connuajje, a fmall Money current at Mocha, and the only one
made there ; it has not a fixed Value, but is c ependant on the Governor's Caprice
for it; 60 CommalTes and 80 Caveers(or Cabe<;rs,in which Accounts are kept)make
a French Crown.
Compan, a Silver Money currertt in feveral Parts oi India, particularly at Patane :
it is worth about 9 Sols, French Money, tho' it rifes and falls ; and is near the fame
in Value and Alloy with the Maimoudi of Cambaye.
Coniorin, a Sort of a fmall Weight, which the Chintfe, fcfpecially thofe of Can-
ton, ufc for weighing the Silver received and paid in Trade ; it is worth about 3
Farthings Sterling, loof them making i Mace, and 10 Mace i Talc, orTael.
Conduri in Malayan, or Laga m the Javan Language, is a fcarlet Bean with a
black Spot on its Side, which thofe two People ufe for weighing Gold and bilver.
Conodis, a fmall Coin ufed at Goa, and in all the Kingdom of Cochin.
Cotta, a Sort of a Mcafure ufed in the Maldives, for meafuiing of Cauris, or
Cowries, a fmall Shell that ferve as Money in fome Parts oi Ajia, ind the greatell
Part of the Coafts oiAJrick; it contains 12000 of thofe Shells.
Couit, called alfo Guz, a Sort of Aune ufed at Mocha, for meafuring Linens and
Silks, of about 24 Inches long.
Coupant, an oval Pieceof Silver or Gold of jTj^a^ of various Sizes. The big-
geftof thcGold ones weigh i-J. Ounce, which at 63 Shillings Sterling />«• Ounce
comes to 5/. 10 s. ^d. others about ^ as big both in Size and Weight, are
worth 1/. i6j. 9</. The Silver weigh about y]. Penny weigh'.s, and all thefe
Pieces are not properly Coin, but are taken by Weight as fuch.
Coupant is alfo a fmall Weight ufed in the Ifle of Borneo, for weighing Dia-
monds, 10 of them making between 30 and 40 Carats.
Couron, more properly a Sum, than any particular Specie of Money, being ufed
at the Court of the Grand Mogul, to exprefs the great Sums in the Finances of that
Sovereign, near the fame as in France, and other European Courts, where thefe are
reckoned by Millions. It has been falfely called by Monf. Savari, Corourc, Courou
and Crou, for its proper Expreffion is Couron, being in Accounts i o Millions of
Rupees, or 100 Lakes, or Lacks, the Lack making 100,000 Rupees; 100 Cou-
rons make one Padan, and 100 Padans one Nil, though thefe two laft run up fo
high as to be almoft out of Ufe.
There never was an Occafion to have the Value of Courons fo well known
or confidered either in Europe or A/ia, like the Occurrence at the Beginning of
1739, by the rapid and unheard-of Expedition of the famous 'fhamas Kouli-
Kan, Scnach-Nadir of Perjia, ag-ainft the City of Dehly, Capital of the Great
Mogul's Dominions, of which an exadl Relation arrived to us in 1740, by Way
of Conjiar.cinople, and made the Booty taken there amount to 1 1 1 Courons,
which (valuing the Rupee at 3 French lAwes, or 30 Dutch Stivers) makes 3330
Millions of Livres Ti>Kr««V, or 1665 Millions of Guilders; a Sum and Capture fo
immenfe, as to ftand unexampled in Hiftory ; and what makes it the more fur-
prizing is, that almoft all thefe Riches were taken in the City of Dehly only.
And the laft would feem incredible, if it was not known, that the Silks, Cot-
tons, and other Goods, the Manufafturcs and Growth of this vaft Empire, at-
tradl and bring in hare Plate from moft Parts, both of AJia and Europe, by the
many Ships that come yearly to purchafe their Loadings with this .detal, In-
10 R dojian
,;;:■..»
•f^-vmimf"
r
if'i^
I If
J I'
i'r
■
■
If
r^^
1
1
p
1
)
M
1/
1
*
^
^^
^
i
P
^ ^*
1^
.H^
■'
>
.^n-
890 Of the General Trade 0/* //&^ WORLD.
<^<i» being an Abyfs for it, where all that which America yields, is fooner or
later fwallowcd up by falling into the Hands cither of the Pnnce, or his Rajas,
who never let the Value of a Shilling return. Tbamai Kou/i-I<Mn having reftored
the Empire he had conquered to the Mogul, impofed on him (by Treaty) an
annual Tribute of 3 Courons, or 30,000,000 of Rupees ; which I fuppofe he has
been able to Hiake off, fince the Troubles in Perja. I hope this httle Hillory.
will not be difagreeable to my Readers, to whom I have been tempted to offer
it, by the extraordinary and uncommon Circumftances of the Affair, and under
the Suppolltion that fo pundlual a Detail of it may not have fallen into every one's
Hands.
Daezajie, a Silver Coin, current in Perfia, being worth 5 Mamoudis; and ^
of them make the Hafacr Dcnaric.
Dani, or Danek, a fmall Silver Coin current in Perjia, and fome Places oi Ara-
bia; it weighs ^ oiz. Dragme, and has its corrcfpondent 'i/aluc. Dank is alfo a
fmall Weight ufed by the Arabians, for precious Stones, and Drugs emplcyed
in medicinal Compofitions j it is ^ Part of the Arabian Dragme, or 8 F'mcb
Grains.
Derbem, a fmall Perjian Weight 4 of a Pound. Vide Batman.
Dinar, a Perjian Word, fignifying fometimes all Sorts of Gold Coins, and at
other Times a fmall imaginary Specie, v.'orth i Denier.
Dinar Cberay, a Perjian Weight of the Value of a Dollar, or Golden Ducat.
Ding, a general Name for all Weights at Siam, in particular ; they have fcarcely
any others ftparate from their Coins, tho' this is only to be underftood of the Sil-
ver ones. Gold having no Currency here as Money, bu' is bought and fold as a
Merchandize, and is worth twelve times as much as .''.veo.
The Weights of Siam, that have the fame Nait^e with their Money, are the
Cali or Scbang, the Mayon or Seling, the Foiian, Sompaye, Payc, and the Clam.
Doudou is a Copper Money, current in fome Parts of the Eall, particularly at
Suratte and Ponticherry ; it is worth a Trifle lefs than 2 French Liards, fo that
there goes 1 4 to the Gold Fanom of thofe Places, or about 6 Sols lournois ; and
I Doudou is worth 2 Caches.
Dung, a fmall Pt-ryftfw Weight, | of aMefcal, and of which about 3600 goes
to the I'mall Batman o? Perjia, called the Batman of Tauris, and near 7200 to the
great, or King's Batman. Befides the Dung, here is the Grain of Barley, reckoned
^ofit, fo that the Batman of 7o«"/j confifts of near 14400 Grams of that Corn,
and the King's Batman as many again. Dung is alfo a Silver Coin, made and
current in Perjia, weighing 12 Grains.
Fano, a fmall Weight ufed at Goa, and fome other Places in the Eajl-Indies,
for weighing Rubies, being 2 Venetian Carats.
Fanon, or Fanos, a Coin current on the Coaft of Malabar, Coromandel, in the
Iflc of Ceylon, and feveral other Parts of India ; there are of them both CJold and
Silver; tne former not the fame in all Plates, either in Goodncfs or Weight,
which makes a great Difference in their Value : The heavieft are not worth
above 5 </. to 5 ,- d. Sterling, and the lighteil little more than 5 Farthings ; they
weigh fcven Grains, but the Gold is of fo bafc an Alloy, that 22 of them hardly
make half a Crown ; thefe are made at AJcm ; and thofe of Pegu are of the fame
Weight, but being of a better Standard, 1 5 are equal in Value to the aforefaid 22.
There are likewife Golden Fanons at Ponticherry, worth about 3 ; d. They are
made like the half of a Pea, and nothing bigger; 12 Doudous are given for this
Fanon, and 2 Caches for the Doudou.
The Silver Fanos are no* worth at moft above 2 d. Sterling, 20 of them going
to the Pardo, a PortugueJ'e vloney made at Goa.
Faratelle, a Weight made ufe of in fome Parts of India, equal to 2 lb. of Lif-
bon, of 140Z. Marc, or \\oi Paris.
Fayalk, an imaginary Coin, valued by fome as the Piftole of France, viz. 10
Livres, and by others 1 2 [ Livrcs ; which Difference apparently proceeds from
the firft Valuation being made on the French Livre of 20 Sous, and the other on
the Livre or Guilder of Holland, worth 25 Sous.
Forli; or Fulle, a Copper Coin, made and current in Mgypt ; it is alfo called
Bulbe or Bulbaj this Specie is about the Size of a Frrw^/i t)ouble, tho' a little
3 thicker.
U-* 1
boner or
13 Rajas,
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|e he has
Hillory.
to offer
id under
|ery one's
and ^
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is alfo a
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thicker, and is worth a Liard, or 3 Deniers that Money : Eight Forles make a
Meidin, and there are half Forles j the Turis call it Mangour.
Fouang, or Foang. Vide Boat.
Fun, cjjlcd a Money by Gemelli, an Italian, the only one that fpeaks of it, the'
he leaves its Value and Metal unexplained. The Journal of the Sieur Lange to the
Court oi China in 1721, fays, tlic Cbinefe Weights are divided into Laen, Tzin,
and Fun, of which 10 Tzins make a Laen, and 10 Funs a Tzin. A Laen of
China has fomething more in Silver than the Ruffian Rouble. 16 Laens make i
Gin, which a little exceeds the Dutch Pound of 16 Ounces. 4 Funs make near
30 Zfchoffes, or Tiziins, a fmall Brafs Coin. One Laen of the fincft Silver is,
according toitsjuft Value, worth 1000 Zfchoffes. The Price of this Money is
commonly fo fubjed to vary, that it regularly rifes and falls weekly j and from
what is laid above, we may reafonably conclude that the Laen is the fame, as is
called by feme the Leam, explained to be a Piece of Silver pafling by Weight,
and called by the Portugucze, Tael.
Gallo, a Silver Money of the Kingdom of Camboya, in the Eaji-Indies, weigh-
ing I Mace, 5 Condorins Chinefe. Its Standard was once 80 Tocques, but in the
Year 171 8 was fell to 60.
Gantan, a Weight ufed at Bantam in the Ifle of Java, and fome other Parts of
the EaJi-Indies, weighing near 3 Dutch Pounds.
Gantan is alfo a Meafure for Pepper, containing exaAly ^ lb. Vide Baruth. Mr.
de Graqf(a.ys, that the Inhabitants of Batavia call the Mt cure they ufe for Rice,
Canting, containing near 14 lb. Weight, and tho' the Names of Gantan and Gun-
ting arc very much alike, their Contents greatly differ.
Gantan. Vide Ha/i.
Ganzas, or Gauzas, a Money made of Copper and Pewter by Particulars in
the Kingdom of Pe^u, and not in the royal Mints. The Value of thefe are not
fixed, but rife and fall, according to the Times of Payment, for the Goods of the
Country, tho' they are commonly worth between 2 and 3 French Sous.
Gari, a Sort of an imaginary Specie, or rather the Denomination of a Sum, ufed
in many Parts of the EaJl-Indies, and particularly in the Dominions of the Great
Mogul} I Gari of Roupies is worth near 4000 Roupies.
Gazana, or Gafava, is a Silver Coin, and one of the Roupees current in the
Great Mogul's Territories, particularly at Amadabath, worth i-J. Livre Tournois.
Gaze, a fmall Copper Money made and paffing in Perfia, worth near 2 French
Liards ; fome confound this with the Kabefqui, and others efteem it the Demi-
Kabefqui, or Perjian Liard.
Gf, or "Je, a long Meafure in the Empire of the Great Mogul, tho' 'tis not real
but imaginary, and comes to about 344. Dutch Aunes.
Gcden, a Meafure of Continence, that the Indians ufe for their Grain, and con-
tains near 4 lb. (of 16 oz.) Weight of Pepper.
Giro, or Agito. Vide Abucco.
Goltfchut, a Sort of Money, or rather a finall Ingot of Gold that comes froni
China, and is regarded there rather as a Commodity than a current Specie ; the
Dutch gave it this Name, fignifying in their Language a golden Boat, becaufe it is
in this Shape, though other Nations call them gold Cakes.
As neither in all China or Tonquin, any Gold or Silver Money is (truck, the Na-
tives cut thofe two Metals into Bits of diverfe Weights, calling the Silver ones
Taels, and the Gold ones Goltfchuts, of which I am fpeaking ; thefe ferve in large
Payments, when the Taels and Copper Money are infufficient. Here are of two
Sorts, the one of 32^ Ounces, and the other but half as much. When the Chi'
nefe tranfport their Goltfchuts into different Parts of India where they trade j the
Merchants they deal with, commonly cut them in halves, as the Chinefe are fo
diihoneil:, as often to line thefe Gold Cakes with either Copper or Silver to 4 of
their fuppofed Value.
The Japoncfe have alfo their Goltfchuts, though only of Silver, which being of
various Weights, are confequently of different Values.
Grime/in, a fmall Silver Coin, made and current at Tripoli in Barbary, in value a.
little more than four Sols Tournois.
Guepi
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Gut^e, a long Meafure ufed in fome Parts of the Mogul's Donunions, being
about 14. Dutch Aune.
Gueze, ditto of Ptfjia, for meafuring Stuffs, Linens, &r. Of this Meafure there
are two Soru in that Kingdom, viz. the Royal Gueze, called alfoGuezc Mon-
kelfers ; and the Gueze Racourcie, called fimply Gueze ; this laft being only 4 of
the ether. The Gueze Monkelfer contains 2 Feet 10 Inches, and 1 1 Lines of
Paris, or * of that Aune. fo that | Guezes make 4 Aunes.
In India is alfo ulibd a long Meafure called Gueze, which is near 6 Lines fhorter
than that of Perfia, or about ^ of an Aune lei's, though as the Difference is fo
fmall it is fcldom regarded.
Guppas, Weights ulcd in fome Towns in the Streights of Malacca, particularly at
Siueda. 4 Guppas make the Guantas ; 1 6 Guantas, i Hali, or Nali ; and 1 5 Halis
the Bahar of 450 lb. Marc.
Guz. Vide Couit.
Hali. Vide Guppas. ,
Hafaer Menarie, a Silver Coin current in Pfr;^<7, worth loMamoudis.
Jerun Cbrocben, a Money coined in the Dominions of the Grand Seignior, cur-
rent for half a Ducat.
Keer, or Ceer, Weights ufed in fome Cities of the Great Mogul, particularly at
Agabar and Ziamger, in the firft of which Places it weighs 36 fmall Weights of
i^lb. Marc, and in the other 36 of 14.1b.
Ken, a Sort of an Aune ufed at Siam not quite 3 Feet, 2 Kens making i Voua,
which is a French ToUe lefs i Inch ; the Ken likewife makes 2 Socks, the Sock 2
Keubs, the Kcub 1 2 Nious, and there goes 8 Grains of unhufked Rice to a Niou,
which makes 9 French Lines.
Kepath, a fmall Weight ufed by the Arabians ; it is 4. a Danck, or Dank, that
is the Grain ; 1 2 Kepaths make the Dirhem or Dragme of Arabia, and fome
have thought that the Word Karat comes from this of Kepath.
Keub. VideKtn.
Khatovat, a long Meafure ufed in Arabia, and is the Geometrical Pace of the
Europeans ; it contains three Akdams or Feet, and 1 2000 Khatovats make the Pa-
rafange.
Ktfie, a liquid Meafure alfo oi Arabia, though Authors differ about its Con-
tents, fome making it equal to a Septier, others to a Pint or Bottle, and fome only
to a FoifTon, or ^ of a Septier of France.
Lack, or Lake, 100 of which make a Couron of Rupees, and this Rupee
reckoned worth a French Crown of 3 Livres, i| Dutch Guilders, or 2 j. 6 d. Sterl-
ing. Fide Couron.
Laen. Vide Fun.
Ltirres, a Money ufed in the Maldives, of which 5 make a Dollar.
Mamoudi, a filver Coin current in Perfia, and many Parts of the Eajl-Indies j
the Perjian Mamoudi is in Size and Shape like the French 5 Sol Piece, and is
worth 2 Chayes or Schaes ; 2 Mamoudis make an Abafli, and 100 a Toman,
which is the largeft Account Money in Perfia. The Indian Mamoudis, called
alfo Mamedis, has no certain Value. In the Province or Kingdom of Guzurate,
the Mamoudi is worth 1 2 French Sols, fo that five of them make a Crown Tour-
nois, and the fmall Mamoudis bear a proportionable Value, that is 6 Sols at Gu~
zurate, and more or lefs at Bengale and other Places, according to their Rife and
Fall.
Man, Maun, Maud, Mem, Mao, or Mein, Weights ufed in the Eafi-Indies, ef-
pecially in the Dominions of the Grand Mogul, and its feveral Names undoubtedly
proceed from the different Pronunciation of the many various Nations that Trade
draws here, both Afiaticks and Europeans : There are two Sorts of Mauns, the one
called the King's Maun or Weight, and the other only a Maun. The King's
Maun ferves for weighing NccefTarics, and Things for Carriage, and is compofed of
40 Scrres, and each Scire cxadtly a Paris Pound ; fo that 40 Parifian Pounds arc
equal to one King's Maun. Though the Sieur Tavernier, in his Obfervations on
the Eafi-Indid Trade, feems to diffent from this Calcuhtion, and fays that the
Maun of Suratte comes out to only about 341b. of Paris, being compofed of 40,
artd fometimcs 4 1 Serres, but that the Serrc is near f lighter than the aforelaid
4 Pound.
0/ C O I N S, &c. ■
Pound. He likewife ipeaks of a Maun ufcd at ^gra, the Great Mogul's Capital,
whicli is half as heavy again as that of Suratte, and which on the Footing of 60
Serres whereof it is compofed, makes 51 to 52 Paris Pounds. The 2d Sort of
Maun is that ufed in Trade, compofed alfo of 40 Serres, but each of thefe Serres
is reckoned only 1 2 Ounces or J of a Paris Pound. In the Eafl-Indies there is
yet a third DiuinAion of the Maun, in common Ufe at Goa, confifting here of
24 Rotolis, each i J lb. Venetian, or 13 Ounces i Gros of Paris (the Venetian
.Pound being only 8 Ounces 6 Gros of Paris) fo that the Goa Maun weighs 36 lb.
oi reriice, and 191b. 11 Ounces oi Paris. In fine, the Maun is a Weight that
alters according to the Places or the Sorts of Goods it is ufcd in. At Suratte (an-
other Author fays) it makes 42 Ceirs, or Serres, but is either greater or Icfs, ac-
cording to the Commodities weighed with it. It is of 341b. in the Sales of Cot-
ton, Gum, Lacque, Benzoin, Vermillion, Quick-filver, Copper, Pewter, Sandal
Wood, Arequo, Ivory, or Elephant's Teeth, Spanijh Wax, &c. which is alfo
agreeable to what Mr. Tavcrnier lays. It is 3 5I lb. for weighing Indigo at Su-
ratte, and but 34rlb. at Amadabad. It is 364.1b. on the Sales of Camphire,
Spice, Tea, dry Pulfe, or Wheat, Siampan Wood, Qfc. but at Amadabad the
TVIaun in Regard of thefe Goods, is 38^ lb. It is 38 lb. for Cachou, and 40 lb.
for Afla Fastida. At Bengal the Maun is 40 Ceirs, and weighs 64 lb. for Spice,
and 68 lb. for Pewter, Copper, Quickfdver, Lead, and moft Sorts of Drugs j
and 64; lb. for Silk. On the Coaft oi Coromandel the Maun is 68 lb. as at Ben-
gal on moft Goods ; it likewlfe weighs 40 Ceirs, and the Ceir i ^ lb. Maun, or
more commonly Batman is a Perjian Weight. Vide Batman.
Maun is yet a Weight of Bandaar-Gameron, in the Perjian Gulph, of 6 lb.
the other Weights are the Maun-cha weighing 1 2 lb. and the Maun Surats
weighing 30 lb. The Maun at Mocha weighs a little lefs than 3 lb. and 10 of
them make i TrafTel, 1 5 TrafTels i Bahart, and the Bahart is 420 lb.
Mangalis, a fmall Eaji-India Weight, of near 5 Grains, only ferving to weigh
Diamonds, Emeralds and other precious Stones being weighed by Catis of three
Grains each.
Mangflin is alfo a fmall Diamond Weight at the Mines of Raolconda and Pant
otherwife Coulers. The Mangelin of tliefe two Mines weighs 1^ Carats, that is 7
Grains ; there are alfo in the Kingdoms of Golconda and ViJ'apour, Mangelines that
wfeigh I \. Carat. The Mangelines of Goa, in ufe among the Portuguefe, only weigh
5 Grains ; and though they arc commonly called Mangalis, thefe two are different
Weights, as this Account of them plainly demonftrates.
Mangours, a fmall Coin current in Egypt, whofe true Name is Forle, which fee.
Manjia, Weights ufed in fome Places of Perjia, particularly in the Schirvan
and in the Neighbourhood of Tauris : it weighs 12 lb. or a little lefs.
Man- Surats, this Word conftrued is, Suratte Weights, of forty Ceirs. Fide
Maun.
Marco, a Weight ufed at Goa, of 8 Ounces Portuguefe, that is a Demi Rotoli.
Mas, or Mace, a Sort of fmall Weight ufed in China, efpecidly on the Side of
Canton, for weighing Silver. Vide Condorin.
Maures, a Gold Coin current at Suratte, and in fome other Parts of the Mo-
gul's Dominions.
Mayon, or Seling. Vide Baat.
Memccda, a Liquid Meafure ufed at Mocha in Arabia, it contains 3 Chopines
cf France, and 40 Memcedas make i Teman.
Merigal, a Specie of Gold Coin current atSofala, and in the Kingdom o£Mo-
nomotiipa ; it weighs a little more than a Spanijh Piftole.
Mifcal, a fmall Perfian Weight, making near the hundredth Part of a French
Pound of 1 6 Ounces ; this is the Demi-Derhem, or Demi-Draghme of Perjia.
^00 Dcrhems, or 60 Mefcals make the Batman of Tauris, which weighs 5 lb. 14
Ounces French. Vide Batman.
Metecal, a Sort of Gold Ducat, ftruck at Morocco, and in fome other Cities of
that Kingdom and Fez. This Metecal is different from the Metical of Fez, only
worth 20 Dutch Stivers 5 the old Meticals excel the new ones both in Weight and
Fincnefs j thefe arc of different Goodnefs, and confequently of various Values,
vhi'^ h pccafions no fmall Difficulty in Trade.
10 S Metkal,
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894
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If "
I
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Of tpe General Trade of the WORLD.
Metkal, or Mitkal, a fmall jlrahian Weight, of which 1 2 make an Ounce.
Metricel, or Mitricol, a fmall Weight 4 Part of an Ounce, which the Portu-
gutfe Apothecaries and Druggifts ufe m the Eaft-Indies i befides which they have
the Metricoli, which only weighs 4^ of an Dunce.
Minaltcun, an imaginary Specie made ufe of in fome I'arts of Perfia, making
10 Yonfaltoun, 2 Yondiltouns makr i Abafli, and 5 Abaflis the Minaltoun. The
Yonfaltoun is alfo called Mamoudi-Lacize.
Moncba, or Monka, a Sur' of Boifeau or Corn Meafure uled by the Inhabitants
of Madagafcar, for meafuriug hulked Rice. Vide Troubahouachc.
Moroe^e, a Silver Money current in Perfia, particularly at I/paban, of which 7
make a Dutch Crown.
Murais, or Morals, a Mcafurc for Rice and other dry Pulfe ufed by the Portu-
guefe at Goa, and in their other Colonics, containing 25 Paras, and the Para
weighing 22 Spanijh Pounds.
Nali, an Eajl-Indian Weight. Vide Hali and Guppas.
Nangue, is the fmallefl Weight of the five, ufed among the Inhabitants of Ma-
dagafcar, for weighing Gold and Silver; it is equal to 6 Grains, and befides this,
here are the Sompi, Vari, Sacare, and the Nanqui. Vide Sompi.
Nafara, a Silver Money cut fquare, flruck at Tunis.
Neve/, a fmall Coin of a bafe Alloy, current on the Coaft of Coromandel, 8 or 9
of which make a Fanon, and 1 5 Fanons a Pagode ; the Nevel is worth from 3 to
6 CaiTes.
Nil. Vide Couron.
Oubang, is a Gold Money of the largeft Sort at Japan ; its Figure is oval, nearly
refembling in Form and Size the Sole of a Shoe, and its Value is i o Coupangs, or
Coupans, which are Pieces of Gold of the fame Figure, but ten times lets in their
Weight, or ' lefs in their Surface; the Oubang is worth lOoRixdollars in India^
and me Coupang ten.
Fadan. Vide Couron.
Paenfzajie, Silver Money current In Perfia, worth 2, Mamoudis ; 2 Paenfza'*
jies make i Daezajie, and 2 Daezajies the Hazaar Denarie.
Pagode, is a Gold Coin common on all the Coafts of Coromandel, and almoft the
only one in Ufe in the Trade carried on there j large Payments being always made
in thefe Gold ones. The EngUjb make of them at Fort St. George, of the fame
Standard and Weight'with thofe of the Country, and which pafs for the fame Va-
lue. The Dutch aJlb ilamp fome at Paliacata (fays my Author, though I believe
he miftakes it for Naga-patnamJ of the fame Weight with the Englijh, though 2
to 3 per Cent, better in Fincnefs, and confequently are more fought after.
At Narfirgua, Bifnagar, and the neighbouring Parts, they make Silver Pagodies
of divers Standards and confequently of various Values ; the fmalleft are worth ii
Tangas, reckoning theTangaat 90, or 100 Indian Bafarucos. Vide B^Szmco.
Para, a Meafure that the Portugii-fe ufe in India for Pulfe, weighing 22 lb.
Spaniflj, and is -j-V of the Mourais.
Pardao, or Pardo Xerafin, a Silver Money of a bafe Alloy, which the Portu-
guefe flamp in India, current at Goa, and on the Coaft of Malabar ; they are worth
near ^00 Reas, or 20 Fanons : there are alfo \ and | Pardaos, and fome fay there
are liKewife double ones. And as no Money is more eafjy counterfeited than
this, the Indians make many falfe ones up in the Country, and bring them down
to pafs in Trade, which they would eafily do, were it not for fome of the Chriftian
Natives, who are employed to examine them, and are fo expert in their Office,
that they will readily and certainly detedl the Falfity only by feeling.
Pardaos de Rcales, is a Name given to the Spantjlj Dollars, the only Specie of
that Nation current in India, which have a certain Value fixed on them, from
which they never lowier, but often rife as they are wanted.
Pardos, a Specie of Silver Money current at Mofdmbique, and along the Coaft
oiAfrick, worth 200 Reas.
Pau, a long Meafure ufed at Loango de Boaire, and in fome other Places on the
Coaft of Angola in Africk. There arc three Sorts of Paus at Loango. That of the
King and his favourite prime Minifter; that of his Princes and Captains; and
5 that
I
0/ C O I N S, &>c.
that of Particulars, The King's Pau, is 28 Inches long, that of the great Men
24 Inches, and that of Particulars only 16 1.
Pocha, or as it is wrote by fome, Pfffa, and by others Ptyfes, is a fmall Cop-
per Money current in many Places of India, efpecially in the maritime Provinces
of the Great Mogul, and more particularly in the Kingdom of Guzarate, whofc
principal Cities arc Suratc, Baroche, Cambaya, Bondra, and Amadabad; 26 make
I Mamoudi.and 54 a Rupee ; fo that the Pecha is worth near 8 Deniers. In thofe
Parts of India, where the Cowrie Shells are current, 50 or 60 of them are given
for the Pecha, and where the Caramania Almonds pafs for fmall Mont /. 40 or
44 of them.
Pic, Pick, or Pico/, the Cbincfe Qil'ntal of 100 lb. their Weight, or 1251b.
Marc. Fide Cati.
This Weight is alfo in ufe at Siam, Malacca, aiid in the Ides of Sonde, though
at the firft of thcfe it confifts of double the Number of Siamefe Catis, to what it
does of the Ckinefe, as the former Cati is only half of the hitter.
Picol, is alfo another Weight ufcd in China for Silk, containing only 66 J Catis,
fo that three of thefe Picols make as much as the Bahar of Malacca, that is 200
Catis. It is alfo a Weight ufed in many Places of ti:e Continent, and the JVeJi
Indian Ifles, weighing near 20 Dutch Pounds.
Pitis. Vide Cas.
Pole, a Copper Money ftruck at Boghat; an r.ncient Province of Perjia, at pre-
fent governed by its own Prince, 1 20 of which go to the Silver Coin of the Coun-
try, worth about 1 2 Sols Tournois, tho' this Value is not always certain, as it rifes
or falls as the Prince plcafes.
Pont, or Punt, a long Meafure ufed in China; of which ten go to i Cobre,
and the Cobre is about 13 [ French \niA\cs.
Ratel. Vide Batman.
Ratis, a Weight ufed for Diamonds, at the Mine oi Soumelpour in the Kingdom
of Bengatc ; and in all the Great Mogul's Empire for Diamonds and Pearls it is ^
of a Carat or 3,'- Grains.
Refe, a long Meafure ufed at Madagafcar, near what is called the BralTe in
Europe. Tliey alfo ufe the Demy-Reie, or Span.
Rize, the Name given to a Sack with 15000 Ducats, in the Territories of the
Grand Seignior, fo that it may pafs as> a Sort of a reckoning ^Mor y, like a Ton of
Gold in Holland, or a Million in France.
Roe-neug ; this is the largeft Meafure for Lengths and Diftances ufed in the King-
dom of Siam, being the ■S'/flwj^ League, of near 2000 French'Vo\ks. There goes
to it 20 Jods, 4 Sens to the Jod, 20 Voua to the Sen, and 2 Ken to the Voaa j the
Ken is the Siam Aune, Gfr. Vide Ken.
Rotolo, or Rotoli, a Weight ufed in Sicily, feveral Parts o( Italy, Portugal, Cairo,
and other Places in the Levant and Egypt, Goa, &c. is very different in mod of
thefe Parts mentioned, as has been already (hewn ; therefore as a Weight I have
nothing to add about it j and (hall only fay that 'tis alfo a liquid Meafure in fome
Cities and States of the Barbary CotiAs, 32 of them at 7r/^o// making a Matuli,
(another Weight alfo ufed in this City of 32 Rotolis) and 42 of thefe Rotolis make
a Mataro or Matara of Tunis.
Roup, befides being a Coin of Poland, is alfo one made and current in fome Pro-
vinces of the Turiijh Empire, particularly at Erzerum in Armenia, being worth ^
of a iS//:/;//& Dollar. '
Rupee, a current Coin in the Empire of the Great Moj^jl, and in many other
Places and Kingdoms in the Eaji-Indies. There are both Gold and Silver of this
Denomination, tho' thofe of the firft Metal arc fcarce and in little Ufe, weighing
2 1 Drachnies and 1 1 Grains ; there are alfo its Fradlions of Halves and Quarters.
The Silver Rupee is of fo unequal a Value, as to be with Difficulty fix'd on any
certain Footing, its Worth varying according to its Quality and the Place of its Fa-
brication ; there are 5 Sorts ot them, viz. the Rupee Siccas, worth at Bengalc, 39
Sols Touniois ; thofe of Suratte 34, and thofe of Madras 33, (all of the new ones)
thofe called Arcates, and the laft Petch. The new ones are round, and many of
the old ones f(|u;irc, tho' they arc both of the fame Weight ; and befides thefe Di-
ilindions of new and old, the Indians make the other five abovementioned ; and it
may
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h
896 0/ //j^ General Trade of the WORLD.
may in eeneral be remarked, that all rhefe Sorts are in higher Value at the Places
of their Make than clfewhcre ) and that the new are always worth more than the
old J the Reafon of which Difference proceeds from the Love the Natives have of
Silver, which induces them for its Prefervation to hide it ''arefully in the Earth, a<
foon as the}r get a few Rupees together. To prevent which Diforder, that drains
the Countries where 'tis pradliicd of their current Species, the g;overninK Prince
and Raia's ftamp new ones annually, with an Augmentation in Value, without any
Increaie of Weight, and thefe coniequently grow diminifhing in Worth as they
grow old. The Silver Rupee is the moft current Money in Trade, both at Su-
riittt and BengaU ; but on the CoaA of Conmandel, the Gold PaKOt'.es (worth 2
Rixdollars or 3 \ Rupees) are the moft in \^(t.
It is from the Madras Rupee that the Value of all others is proportioned, and that
varies according as certain Circuniftances occur ; and thele differct.t Sorts of Rupees
have not an equal Currency in every Place, as may be feen by the .xbove Valuation
of them. The Rupee ufed in Accounts is only an imaginary Specie , as well at Su-
rattt as Bengalt, to which the Value of the old Rupee is oiten reduced, and is
worth /, Icfs that that of Madras, All Sorts of Rupees are divided in a fmaller
Money, called Ana, of which 1 6 goes to the Rupee ; but it muft be obferved, that
the Ana is worth more or leA in Proportion to the Value of that Kind of Rupee,
of which it is a Part. Some Anas are made at Madras, but fo few that they are
rarely feen to pafs. To that this Specie is rather a reckoning Money than a current
one. The fmalleft Coin, and tliat in greatell Ufe, among the common People,
and in the Markets, are the Cowries, 80 of which is counted a Pouni, according
to the Cudoni of dengaU ; fu that a Rupee is divided into Anas, Pounis, ana
Couries, according to which the following is the Value of all Rupees as they
palfed at Bengali in 1726.
The Rupee of Madras was worth
The Rupee, Sike, or Sicca
The Rupee, Arcate
The Rupee Petch
The Current, or Old Rupee
Befidcs which there are yet two other Species of Money in Accounts, called the
Peys and Gandan, the firft worth 95 Cowries, and the other 4. The current
Rupee is that ufed in the Revenues of the Great Mogul, and was in 1726 and
1727, worth I \ Dutch Guilders, or, which was the fame Thing, a Fr^w /6 Crown
in 1741.
Rubie, a Gold Coin, current in all the Kingdom of Algiers, and in thofe of
Congo and Labez, worth 15 Afpers j it is efpecially ftruck at Tremecen, which has
the Privilege of making tnefe, as well as the Medians and Zians.
Sarare, a fmall Weight ufed in Madagafcar, for Gold and Silver, being equal to
an European Scruple. Fide Sompi.
Sat, a Mcafure ufed at Siam for Corn, Seeds, Pulfe, and fome dry Fruits ; it is a
Sort of a BuHiel made of Bambou, and 40 of them make a Sefte, and 40 Seftes the
Cohi i it IS ditiicult to reduce witli any Certainty thefe Meafures to thofe of Europe,
as fome reckon the Sefte, looCatis, and the Cati (as has been already obferved)
not being of the fame Weight in all Parts of India, the Sefte or Sat cannot be af-
ccrtained ; but if 100 Catis be eftecmed 125 lb. Marc, the Sat will be near 3 lb.
and the Cochi 5000 lb.
Scban, or Scbang (in Chinefe Cati) is a Weight ufed in the Kingdom of Siam ;
the Chinefe Cati is worth 2 Siamefe Schans ; lo that the Chinefe being 1 6 Taels,
the Siamefe muft be only 8, though ibmc reckon that of China at 20 Taels, and
the other half. The Tael weighs 4 Baats or Ticals, each of near half an Ounce ;
the Baat 4 be'ings, or Mayons ; the Mayon 2 Fouangs ; the Fouang 4 Paycs, the
Paye 2 Clams, the Clam weighs 1 2 Grains of Rice, fo that the Tical or Baat
weighs 768 of thofe Grains. Vtde Baat.
It is to be obferved, that the grcatcft Part of thefe Weights pafs aJfo for Mo-
ney, cither real or in reckoning, as Silver is a Merchandize, and fold by Weight.
Scharaf, a golden Coin, that was formerly made in Egypt, worth the fame as
aSultanin, that is, near a golden Crown oi France; the ./^rtf^MAx call it Dinar,
I or
38 Pou
nis, or 3040 Couric*.
391
3160
37
2960
36;
2920
34 ,
2720
■r-i«,.
0/ C O I N S, &>c.
Of Mcthcal-alilhcgcl, the Stharafi at prcfcnt Tcarcc, and fomc believe them to be
the liimc Specie as what the Greeks name Golden Be7an8.
Schenfi, a Gold Coin current in Perjia, worth 8 Larins, at the Rate of 2 Spa'
uijh Dollars /xr Larin ; the Jiuro/k;inr call them Golden Seraphin.
Sc/jetif, othcrwifc called Snltanin, and very commonly Sequin j it is a Gold
Coin current in ail the (Jrand Seignior's Dominions, though it is hardly ever made
at any Place of them but Cairo, and is the only Gold Specie ftrucic in Turkey.
Schulte d' Argent, a Sort of Account Money of "Jiipan, on which Payments in
Trade arc eftimated, being worth iz^ Dutch Guilders, that is 5 Rixdollars, or
Crowns of the United Provinces ; and othcrwifc it is reckoned equal to 4Taels, 6
Mat c, and 5 Condorins ; ihe Value of them varying a little according to the Year.
&er, Sern; or CcYr. F/V/i-Man.
Sejle, a Mealiire for Corn, &c. Vide Sat.
Sok, or Sac. Fide Ken.
Sompayc, is the fmallell Silvc Coin current at Siom ; it was worth 2 Sols and
Dcmi-pitc French Money, when the Ounce of Silver was only valued at 3-^. Livres.
It is the half of a Touang, and 1 2 to 13 Siamefe Caches are given for i Sompaye,
tix 400 Cowries. The Sompaye is divided into 2 Payes, the Paye into 2 Clams ;
but thcfc two Sorts of Money are only imaginary, and not current Species ; the
Sompaye and its Diminutions lerve alfo for Weights; the Clam weighing 12
Grains of Rice, and the others rifing in Proportion.
Sompi, a fmall Weight, which the Inhabitants of Madagafcar ufe for Gold and
Silver ; it weighs but i Paris Dragme, and yet it is the heavieft Weight thefe
Klandcrs have j they not knowing what the Ounce or Pound is, nor have any
thing anfwcring to them ; the Diminutions of the Sompi, are the Vari, or Demi-
gros, the Satare or Scrujilc, the Nanqui or Demi-fcruple, and the Nanque, equal
to 6 Grains.
Sordis, a fmall Money current at Ormus in the Perfian Gulph, being worth 4
Payes, and the Payc 10 licforchs. F/V/^' Beforch.
tael, called by tiie Chinefe, Learn, is a fmall Weight of Cj6/«</, equal to i Ounce
and 2 Dragmes. Fide Cati, Mace, and Condorin.
T<imliiig, A. Siamefe Name to this Specie of Money and Weight, which \\\c Chi-
nefe call Tael ; the Tacl of Siam is more than half lighter than that of China.
yideCati, Baat, &c.
Tan^ii, an .A^ccount Money ufed in fomc Parts of the Ea,'}- Indies, particularly at
Goa, and on the Coaft of Malabar ; there are two Sorts of this Coin, the one caihd
the good, and the other the bad Alloy ; it being very common in India to reckon by
Money of good and bad Alloy oirAccount of the vaft Quantity of different Species
current there that arc either falfeor altered. ThcTanga of good Alloy is \ hea-
vier than that of a bad AUny, fo that if 4 of the former Tangas are given for i Par-
dao-Xcnitin, there mufl; be 5 of the others. 4 Vintins of a good Alloy make i
Tanga of the fame Standard ; and 1 5 good Barucos go to the Vintin ; the good Ba-
ruco on the Footing of the Porttigtie/'e Reas; but when the Barucos are of a bafc
Alloy, three of them only make 2 Reas.
Tare, or Tarre, Money of the Malabar Co\\(^, is a Silver Coin worth 6 Deniers
Tonrnois ; 1 6 of them make \ Fanan, which is 2 fmall Piece of Gold worth 8
French Sols.
Tajht. Vide Cobdc.
Teccalis. Fide Abucco.
Tela, a Sort of Money, or rather a Gold Medal ftruck by every King of Perfia
at his coming to the Crown, which are diitributed among the People ; they are
ill Weight like the German Gold Ducat, but have no Currency in Trade, nor
among the Merchants ; they are alfo called Cherafis, ivhicbfee.
•fcman, a liquid Meafurc ufed at Mocha in Arabia Felix, containing 10 Memcedas.
Tiliofe, an Eajl Indian Coin, being one of the Rupees current in the States of
the Grand Mogul, and worth double the Gafana PvUpee.
Tical. Fide Baat.
Tol, this i^ the finalleft: Weight and Meafure ufed on the Coaft of Coromandcl,
of which 24 makes a Ceei ; 5 Ceers the Evis ; 8 Biis the Maun ; and 2 Mauns
the Candi, which is the heavieit Weight in this Part of India.
10 T Toman,
897
I
i'-^mmmmm^^rKxms^^'-
m:
r^
898 0/ the General Tradf nf tAeWPKLD.
Tom m, by fomc calleu Tunjcin j is an Account Money ufcd by the Perjtant
in keeping their Books, and to fucilitate the RedudUot; uf large Suini in Pay-
mciitR. It ii coi.ipo/cd of 50 AbaJJs, or 1 00 Mamoudis, or 200 Chayei, or looco
Dinari, being nuar 43, or 46 French Livrcs, valuing the Abafli in 18 Sols and 6
Dcniers t the MamouiJi for 9 Sols, 3 Dcnicrtt the Chaye 4 Solt, 7 Deniera, and
1 Maillc, and the Dinar for the Dcnic Tournois. The Toman is alio a Weight
ufcd in Pfrjia ftn weighing Money, which in large Payments it always received
in this manner, and never cotint^di the Toman Weighs co Abaflis.
Toque, a Sort of reckoning Money ufcd at yuda, and lon'c other Parts of the
jifrican Coaft. wliere the Bougcs or Cowries arc current ; one Twjue of Bouges
is compofcd of 40 of thofe Shells j and 5 Bougcs make i Gallinc.
Trtipll. F,\k Bahar.
Troubahouache, called all-^ Monclia, or Monka, a Meafure ufcd by the Inha-
bitants of MaJagaJiar, for their hulked Rice, containing near 6 lb. of that Grain j
but fc r their unhulkcd P ice tlicy !uvc another Meafure named Zutou.
Tucl:a. P'idc Bahar.
Vakie. ViJe Batman.
Val, a fmall Weight ufcd in India for Dollars or Pieces of Eight, each of
which ought to weigh 73 Vals. It alio fcrvcs for wiighing Gold Ducats, which
muft weigh 9 V Js and ,\ of an Indian Carat, and whatever is wanting of thefc
Weights in either, the Vender is obliged to m-ike good.
Fari, a fmall Weight in ufc among the ancient Inhabitants of Madaga/car,
weighing near half a Dragmc Marc; here is lik ;wife the Sompi, Saccare, Nan-
qui, and Nanque ; none of which arc uftd only for weighing Gold and Silver.
yow. Vide Ken.
youlc, a fmall Meafure ufcd by the Natives of MaJagafiar, in retailing their
hu/ked Rice ; it contains nenr h'^lf a Pound of Rice, and 12 of them make the
'J'roubahouache or Monka, and luo tlic Zatou.
Ufalton. Vide Abagi.
I'onaltoun. Vide Menaltoun.
Zaciies, a fmall Silver Money current in Perfhty being a half Mamoudi. Vide
Mamoudi.
Zatou. fide Voule.
Ziangi, a Silver Money of Amadahcttb, that is likewifc current in otlier Places
of the Moguls Territories ; it is among the Number of the Rupees, and worth
20 per Cent, more than thole called Gafana, and is about 36 French Sols, the Value
of which laft Coin is to be unJerftood through this whole Calculation (except
where it is exprcft othcrwile) to be as it was current at tlie Time of making it,
viz. 13 Livrcs, 6 Sols, and 8 Denicrs for a Pound Sterling.
|w,:-
F I N I r.
INDEX
A.
oudi. Fide
r«ge 717
5*0
736
26a
809
7»»
408
481
jt^tlffi't l«» Trade
Jf AUtiinfiari, id ProdnOi, lie,
^ Aiijiiimt Tridf and Prodtiai
Abufe, done ihc I'lmiiun Ambalbdor UAnciiia
/letfiiict, iu Trade
/t,mi tad Ar^'f, iheir Tr»d«
AcMTtiiMC of a new Uond does not difcbarge an
old one
Acceptance of Inland Bill), how made
of l"t)rt*i;;n( ditfo
can 1 1 1- infifted on, if the Drawer's
Failure be kmiwn, iho' Honour wai
promiled 10 hli Draught 418
under Piolel), its Obligation 411 and 412
How mull be made 421
Of a third Fcrlon, frees the Drawer ditto
After the bill ii due, is binding 4;i
Accepttntl, of an endorfcd and prmeAed Uill. can't
be nrrclled though any tndorfer refufei
Sutiifai^ion 42s
with the Drawer*! Ohtigaiion, how mull
A« at the Day ot'lMyment 431
Of a I'll, on Commilllon, drawn at
Time, and afterwards called in, mull
demand it of the Drawer ditto
Of a Bill, drawn for Account of a third
Perfon, has no Kedrefs on the
Drawer 4<g, 431
when niav pay the Bill to the Fof-
feflbr after hit Failing 433^434
what Declaration muil make, on chc
Podcflbr of a Bill becoming Bank-
rupt
How may compel the PolTelTor of a
CunJiiional Bill to fulfil the Agree-
ment
Acceptor of a Bill, to whom bound 416,
rot freed by a Proleft 4 1 7 & 4 1 8
Obliged, tho' Aeceplance was procured
after tliu Drawei'a Infolvency
Denying Payment, on t!ic Drawcr'» Fail-
ing, what mull be done ji8.
Of a Bill made payable to himfelf, where
the Lofi falls in cafe of his Failure
For a third Perfon, who fadi, not recover
able ti> the Drawer
Sufra Piotcfl has Kedrefs againll the Drawer tho'
made without his Knowledge 42 1, 422
For the Drawer, has no Rcdrela againll
an Indorfer
AcceCaries to Piracy, who they are
made Principals
Accidents on board Ships to be accounted for by the
Mailer
Account of the famous Silk Engine at Dirty
Accounts in the Bank of Rulitniam, how kept
Aihim, its Trade
AkraM, or Acron, iis Trade
Ail of "Trade and Navigatiun 4; to 48
AAion may be brought againll the Acceptor of a
Bill in Eyiglanit, without Protcll
AfUuns for Ulury, hr.w mult be pleaded
of Debt, may be brought for Money a-
warded
AJ>«t its Trade
Adjullmcnt of a Lof;, made and promifcd, on a
Policy by an Inlurer, oblipes him 281
Admirals may arrell Shipi for tlie King's Service
Admiralty not tj determine Things done in Havens
141 & ?:,(.
Its Jurifdiflion trvcr Ships taken jy
Privateers 206
1
43+
43'^
417
418
419
420
ditto
Admiralty, may b« appealed (0 from a Unlcnce ••
broad P.)g« toi)
Its firll F.OaUtfhmeni, nnd by > horn 14;
muil try Dea'h, lit. done on Im ard Shipt
in Kiven, bnt nntiu lUms urihc Sea 246
no Court o* Record diuo
May ilcttrmine, when the Common Law
can't ditto
Mat try, in Matters of Freight, Scanten's
WagiM, Wc ditto
May try (.'ales of C'ontrafts, IJ<. for mak-
ing Ships, and Sea Dauiaget ditto
What other ConiraAs it may decide ditto
May judge of Goods fpoiled on Ship-
board dittOi 247
May caufe a Pond to be riado diiio
When to award F.xecutiou ditto
At/riaiiti Sia, the firll fettlement of the rtuiliam
there 7
Advancemenit of Money, on what Things the
Ilaiik will inake them 360
Advices, how to be given the Bank for Payment of
Bills , ditto
tholi: drawn on by Commlllion mull give 430
Afrka't I'rade wiih (Iriui Jlriium 619 & Icq.
with £j;v/i/ 720
lis General Trade 72a & l<:q.
A/rican \l\c3, their Trade 736
Company, its Origtaal, Progrefs and De-
crcafe 619 to 62;
New Company 62'
Settlement of Account, between New and
Old 628 & fcq.
AgJt, its antient Trada 6
Agents, their Employ ^1
Agents for Proprietors of Money in theBank nf
An:Jii'a»m, how moll be appointed 3;;, 326
Agio, in the Bank ai Amjitrd-m, how vaiics 312 to 326
How is occafloned 22j to 326
In tlie Bank of Rtilirilim, how regulated
Agios, M I'tnict, how calculated
Atn, it-. Produfls and TrafTick
Aguvairnn, it. Commerce
Al>riii(i.ihl, its Trade
Aiding the Efcape of a confined Piralr, how
punithed
Aigue-Mo'ti, iu antient Trade
Airjhne, its Produfts
Aiifpt, and AtexanJrilla, their Trade 7 1 2
y-7
700
7<'>
737
828
':4
it
7' 3
422
231
232
85
572 I
327
729
450
36+
3'^7
743
', 282
2+6
AUxanJir ihi Grial dellroys 'Tyrt t,
Altxandria, of ERypt. a Place of great Trade 4
Inferior only to Rent \n Giandeur, and
Number of Inhabitants ;
Its great Revenue u Rcme ditto
Its Decay, alter bc:ng conquered by the
SaractHi ditto
Its prefcnt Trade 717
Aytri, Tfi/io/i and '/"(.///V ellablifhed by Pirates 21;
Its Trade and Produfts 723
Alien, its Definition 314
How deprived of having Lands here ditto
What Puichales may make ditto
Can't bring Anions for Lund:, Tenement!,
1 tSc. ditto
What may obtain by Trade ditto
What Anions ' May bring ditto
May nut be on h |ary, He, ditto
May not be a Member of Parliament, nor
vote lor one 3 1 f
How to l)C deprived of unlawful Purchafei ditto
At w hat Ai;e may trade here ditto
F.ncrny, when may maintain Debt here ditto
Int'aiiis cwnot be .Viei cliani.-, or i acbrt here ditto
I Alien,
■^»«5,B»S4e.5!KtPW^- T
N
m
iiJ:
w
I. •'{ ■ •>
■M ■
Alien, Dtfctnt, whtn nuy, ind may not, Inherit
/llUntei, fom« "llnl L««guei, lie, 144
AUowMiCM u> "■"'""P" "<""'''>'■' '^''"'* S"0^ {^1
For difcovcMni B«nkrup(> KHr<t« f 46 & f4''
ror [)rtft of (joodi, ,.<ying Culluiiii J'<l
01 Duty furSdlt loll 61 A. 61
Atinondi, imported in lli* Hltdli, two Tiiirdi in
illiiwed m til* CuAoma )(o
Alphabeticil Account ol' Tortt tllowtd «t tlic
CJhm Hin/i 37*kfi<l
M/tut, ill Trad* and ProduOi 6K6
Altrratlon, whrn may be made in the Tare of Uoodi
afcertaincd
Am»d*t»ih, iti Trade and Produ<^i
ytmtti**, iu Trade and I'rodiUU 70{
Amtrit; by whom, and when difcoverej ^71
Iti Trade and Produdi 8ro d let]
Iti Trade with (l*talBrilai» (i\i) k <C(|.
Moil infellcd with I'iratet tii,
/Imirit— Govcrnori to alTill againit I'irato > j 1
Amjitrium, fuppofcd to malce more Infurancei than
any other Place iHc)
lis Ordinance* about Infunncci, li<. 189 In jo;
Andtritii, iti Trade 751
^«{t/ii, ill Commerce ■ 739*731
7)6
Ani'ra, iti Trade 7 1 J
A»ftii% or Ftrfar, iti Produfli c8]
yy«/», iu Commerce and Produdi 677
Amiiti, iti ancient Trade b
Afliitftit, ill I'rade Kii
Antrim, ill Trade 5H8
Aftitil, iti ProduAi M48
Appeals about l'ri/.ci, to whom mult lie midi ]}7
To whom, from abcnience of ihc AJmirttiy
a47. a-t"
Aratitt, ill TiaJe and Ptoduaa 74a
Iti ancient Commerce io
Jit Naiivri fuppofed to have been thefii.'^
Navigator! ditto
Situation of the Country ditto
Application to Maritime AfTain ai
great Trade and Riches 11
bome Produiti imputed to it, not of its
Growth ditto
Robbed of ilicir Trade by the Ptrtagnt/t
,'• Uifcovcry of the Route 10 yWjfl, by the
Catn/CtcJ Hc/'f 13
The Eafineli of their Voyage 10 Ini/ia ac-
counted for 14
Their Ccmmrrce enriched the neighbouring
Nationi, and above all JtJ.ra jj, iTi
Arai.li, iti Tradf 770
Arad, its Piodudls H45
Arbitiamcnt, its Derivation and Definition jori
Its Incidenti ditto
Not 10 be referred ditto
Arbitration), an Ati for cllablifhing them ditto
Arbitration Bond, its Form 301;
In Exchanges, 'ts Definition 46;
Simple, how wrouyht ditto
Conij'ound, ditto, with Tallies 4^9 to 485
Arbitrators, iheir Definition, anJ Derivation 107
Their Aw.-ud decifive ditto
What Rcciprocalitiei, they may appoint 308
Not to award againit a Chancery Dccice ditto
May not take an oath of Witnelfcs
and Arbiters, their Difi'urcnce
Aijaigil, its Trade
Arthiftto/ic, ill Commerce 711 5
Ard'ti, its Trade
Ar^llijhirt, its Produfls, Ui.
.Una, its Trade and Pioduds
Ar'.t', celebrated in Antiquity for itt Experience in
Navig.iiio.n. < "V ■ 6
Armtn:«, Its 'Trade 748 ii 7.,<)
Arrival at a Port does not free the Infurcti on a Ship 217
Articles between a (.aptaiu of a Privateer and his
Crew J ; i
Befi^re Matri,ige, their Validity in Cafe of
L'.,n':ruptcy 5165.- 517
of Comiiiijrcc betucen Creal-Briiain and
I'mluj^al 6 1 2 & 6 1 3
of the In/ururi^e Company a: Ctnta 702 & feii.
AmnJel Harbour, an Aci tor it 154
A/tm, or Axem, its Trade 7(19
A/ia in Trade 74 1
308
«;&
fcq.
7 = 1
58 f
«0J
E X.
A/I.iiiit IHei, their Trade and PrnduAi fige f%i U (,„
AOigncci of Hankrupti, how chof* ,^',
Iheir Power j^, ,„ '♦,,
What Notice mull give before make ■ Di-
»idcnd 541 A ui
Their Uutv '' \\\
Dying in Debt by Bond, what Rccoveriet
"*^"^ . J*5*J46
Removing ikem Jjhq
In F>4i<iit, what Power they have froa
the Citdiiori
Their Duty in that Country
AjlLihih, its Trade
.ijlri.taii, ill Trade
Aitnrhi, ill Product
Average, in Marine Cafet, Ifi Meaning
What It excludes and includes
Averages, in franct, which liifurers pay
.'iiti), its Trade and ProduAs
Avji.tfit, itt Produdi and Tnule
Anjlritn S'titur/anJi, their 'I'rade <n\\iklirt»i-Drilmim
6(9 It lt6o
Autrrtm't Trade and Produdi
Award, what it is
VV hen are voided
Mud be maile in Writing
Whrn to be made by Arbiirniori
When may be made for Money, to be paid
11 Stranger
Mull not make a Party a Judge in hii own
Caufe
Of Recom pence, derides an Injury
Of a perfonal Chattel, how alters its Pro-
perly ditto
What it muft include ditto
t)n what Submillions may !«• made diito
Not to be invalidUfd after Submiflion 311
Not In be perfcrmed without a perfonal
Demand
Its Form
B.
B All Inn, its Produfls
Bajiiffian, in 'Trade
Uahama lllaods, their 'Trade
Baiartm'i PtatI Filhery, and Produdi
Bail to be civen for PrivaMcrs
Biiltifatr, Its Trade
li,i!amhan/i, its 'Trade
Bttlek, its 'Trade
JIaUivia, ill Trade
IJallall, not accounted Ship's Furniture
Nut to be thrown into any tiavcn
Its Cort on the River Ih.imn
1 o be deliver 'd to its 'I'icket
Gauge Maiks to be fci on its I ighteri
7V»
8{b
R46
»|0
74*
67,,
J09
.!'•
310
308
.110
ditto
3'«
ditto
3i2& JIJ
7')3
7S«
Hi
74?
t\<) tt no
761
7?»
Ho;
50
12a
119
dittd
121
Cl,
Khich may be examined by the Mailer of
the Ship, iit, ditto
Bsll.-iftmcn, their Duty Jjno
Ballalling Ships in taiwalir Marbour, to whom
belongs tAj
Bn/iuiSea, ill Trade 8i;S:8l(»
liamffjliri, its Produds rJi
^oWd Ifles, their 'Trade 794&req.
Dank, itsPfrivition
the firll inllitulcd at Ciiua
of ^'r/ii'.Y, iis Funds
Its Bank Money better than Current
How often is Ihut up
oi Amfltrdam, when and by w hom ei lablidi
It. Riches
lis Money belter than Current
What Species is uceived, iSi-
In what Specie in Books are kept
I low often, and long, 'ii> Ihut up
It gives no negoeiable Bills
Ii> Hours for writing in
of Ktii/rrJ.im, when tllabliihcj
It daily regulates tSe Agio on iis Calh
lis other Kegulaiions liiic that oi .imjlmlam
ol tinmiur^h its Suieties
Oi.ly Citizens to have an Account in it
Staled Hours for wiiting in
'The Time of iu (liutting up
What Species ilie I!" , "■• kept in, f f.
of I'lirii, tvhcn clUi. cl
Its various Alterations | . - • ;VOui iiaagina
ditto
ditto
321
ditto
ditto
ditto
ditto
ditto
ditto
31;
.■!»''
327
ditto
ditto
ditto
ditto
diito
ditto
328
I N
'«• 7«J * f«|.
ukt.DI- "
54' A j4,
(ctuvcriti
545* Mh
iJitlD
hive from
. "5
5S5*55«
751
ll{6
R46
•K
»1"
659fcft(5(j
P"
310
303
10 be piid
n hit own
rk ilt rro>
■iflion
ttilto
3""
(IlltO
liitia
dilto
3i«
pcrlbnil
ilitto
3'J& jij
79J
7S«
7+>
2>9& 220
761
7»(,
75*
Oi, no
ditlu
litori 121
Mafttr of
ditto
ditto
whom
81; Si 81(1
5S1
;94&fcq.
ditto
ditto
3i«
ditto
to
eikblifli-
(fc.
iisagina-
dilto
dilto
ditto
ditto
ditto
ditto
ditto
ditto
ditto
dilto
ditto
328
ly Fundi, Ciovernmtil, lad Uup^fton
I'iC* )ilio 34 ^
Dtnk uf iCof/mV, ill InDiiiiboa 34c
III llilli .iifiKiuUe 346
ll BMy nut dml i« (iuodi, bul my in lilli
nl I'.ichiin^f dilto
347
J4«
ditto
ditto
X.
«f proving
of their Mti
It iRiiy iiuIli I'linbcliM iit Landi, lit
III MciiiImii iiol dilqualilied to fit in Par
litmeni
III i'xilulivf CharMr
III btoik fxnnpi from Taxei
Diilo a ^rlimai, noi a rral EA4M
Until whin bought or lolj, how tu be regif-
tiTcd ditto
The l-'iir(;in;{ or Krafin({ iti Common Scil,
llilli, Nmri, tif.'. injd* l-elony ditto
III Meinbcri itui tu b« adjudged Bankiupti
liy rcalnii iif their SloiLi, nor (hull llicy
he luhjetl to any rorci)>n Attjchmcnl 34lt
Iti tkbii never tti eicced ill capiul >Sio<.lc ditto
Jii hrrvjnti enibetzling any Note, (J<. Iliall
lulfcr I)c4ih 3 {6
Tin; Method of opening an AccombI wiih it 3,1;
Ofp.iying in, or duwuiD Muiieyon ii| with
llir l-urm of a Draughl ditto
The Form of u W riM'Utf ditto
It rcinvrri HilU fur tliof* who kwp Cafli
with it 360
Alio payi Hilli for them ditto
II dilcuiiiii] HilN ditio
It will iiJmit of any Depofil from Its Cuf-
iiiinrn ditto
No peiliinal Attendance required for any
I ranfitlion with it ditto
Will advance Money on govermMDt Sccu-
ritin, Uc. ditto
III Management, and the Salarici of int.
(iovernor, (ifi, with their Qualificaiioni
Compared witb ih* Foreign Unci, tjt.
ditto ii feq.
Bank, tt AmIltrJam, for Lmm on Goodi, iti Inlli-
tulio'.i 36}
It! KeguUtion!, and whit Sumi it will ad-
vancr ditto
In what other Pirli, fudi Banki are ella-
blilhcd 366
Baiikeri, the Nature of their Calling among the
/{•/■•loi 361
Ditto in HellatJ, FrmiK*, Ue. ditto
The Dcfcripiion of one in fi*(/<un/ * j6i
When lint called (a in Riflaml ditto
'i heir Notei not to be ai.cuunicd Cafti till
received 445
Bankrupli, Advice to guard againll becoming one
485, 486
What I'erfoni may, or may not b : Bankrupts
4K7 4r4»8
What makes a Man fo 489
Of thr CommilTinn and CommiHionerj, tfr. ^(}\
The Oath the Commiffioners take ^r^i
Hi] Suricndcr, ICxamination, I'ifcovery,
All'jwancu, and Ceriiiicatc ; and iif enter-
ing tin- l*roceedingj, iic. of Record 494
Of the Afli^niiKnt und Burguin and Sale of
his Ellate. Uf the Inrollinent, and what
(hall pals thereby, or be fuch an Intereft
as the CominilTianen, may aifign ;o:
Becoming Flit di ft, or outlaw'd, how his
Goods are difpoled of 503
Of uncertain and contingent E Dates, and
which do, or do not, center in the Bank-
rupt 5cg
His Wife's Title to her Free Bench 5 1 1
Separate bcitlcmenti 5 1 3
Wills in l'"avour of his Wife, 'jfe. 5 1 4
Of Nhu-riagc Bonds, and Articles before
Man iage 5 1 6
Debts due to, and from, the Wife when
Angle ;io
Of the RIghti which are irveflcd in his
Children, by \'irtue of Marriage Settle-
ments, and Trullees for fupporting con-
tingent Rinuinders 524
CfFoHibdiiits 527
Of li.icrcils which have been determined
not to center in him ditto
Cf the Creditors who ue fuch, and tlicrcin
iheir Debit, and how Notice
^feting 11 in he given Page {il
Bankrupli, an Oath of t Cieditor for proving Mi
Uebli, t^(. (I'
Whcie Cnpaitncri ar* Biuikntpli, iMvIng
jnint and ftptraM KAato and Cndiiori diita
Iluw lar the Commiflluneri (hall over reach
the A(U ot a Bankrupt, fium ilif I mx
of the Ani of Bankiuptcy com«Uted 3 )7
A remarkable Ctfa tried uiidei a CMMd
Cnminifliiin iTRankriiplCY 5}ll
Of Fddiiri and Ftciutnn lietoming Bwk-
rupii, having EffeiU uf uthei Fwfwiis in
their hands 54^
P 11110m, ill Trade 7H<'
Bar/'aAn, ill Trade 651
Hwh, v'l Trade with Cfttt-Briult 61 { It ('H-
Bar Iron, nut to be exported from tniw Vo, III
Importation of, extended 81
Dtrr, in 'Trade and Pioduiti 685,6116
Uariciry of Marincri, to b« anfwtrad fur by the
Mailer t07 * icl
n*//, ill frade l47
H.ifer,!, or BalJ'ira, in I'rad*
n,iilitH uf Fr.,»<i in ButUrj, ItiTrid*
H..i»vii, ill Trade
Hallt»li>, iti'I'rade
Bay of CamfKh, iti Trade
Buy of />.,/«:«,?«, ill Trade
7«)
''V
804
ditto
Beacons and Lighthoulei, not to be built without
Warrant "O?
Biarn, in Commerce, (j/r. 68;
BtMiJii.'ii,, ill Trade and Produils 67S << ^7^
Bnl/trii/iirt, iti HroduAi 570
Utitttuir, ill Trade 704
Bell Metal, Uc. not to be exported 51
Bmarii, or Banarcui, \\\ Trade 77^
Henc&t of Clergy, not to be allowed 10 AAon of
Trrafon, Robbery, t^r. on the Sea 2>')
Bnial, its Trade 768 k fn\.
Bfi-'i Coall, its Tradt 7*9
Btrgm, its Trade III
Birtjtiri, its ProduAl (70
Birmulai, Trade of OSJ
Btrni, ill PtoduAi and Trade 84;
Rirry, its Trade and Produfli 67'
Bivtrliy Brii, and HhJi River, llie AA ikbout thciii
IJU,
Btnvulijhirt, its PioduAi
Bimnt, its Trade
B lafaiam, ill Trade
Bills of Dnttomrv, their Form
Bills of Ep'.ry, inwards, their Form, how procured
a. the Cullomhoulc
Outwards, their Form
Bills of lixchange, on /'<«(</, when mull be j»iJ or
protclied
Ditto at jimjitrjtim
Inland, when mult be protclied
'Their Nature and Uillinciioni 41 >. 414
Ihe Number of Pcrfons, nu'.ing an T.<-
change and how dillinguilhcd 41;. 41''
The Difference between the real and ima-
ginary Species of any Country
The different Oliligatinns of Drawers, F.n-
dorlers. Acceptors, or Holders of them,
under all Circumllancei, and whclher hy
CommiiTion, or for their own Accounts
417 .Vfcq.
Of Conditional Ones 435 & le.|.
Prajtrma Ones 437 * 438
When lolt, or midaid, what mull be done
440^:441
When without Date, or in fome Parti not
legible H"
When the Word* and Figures differ 4^2
When the Name of the Pcilbn to whom
payable is ulicrcd, f r. 4 1 1
When the Direilion is forgot ditio
Their Nature payable at I'aiis dittj i Uq.
Some Cafes tried on Inland Ones
ForiJ;cry ofone made Felony
Ot Vhc ditierent Dates and Time< for which
they are drawn, and when Payments arc
due
Their different I'finces 447,
Days of Cirace at lucral PUccs
10 U
181
II4S
7bt
118
380
4"
416
444
447
4(6
450
44«
At
■•%'i
"HinmMMM^
N D
X.
} a
'1 ■
ii:,4fe
At Tm/V/, not pivable by Endorrement Fa^e 450
Not dilcharged, if the Drawer failed before
due, in llafy, and formerly in Piriu^al ditto
Some Trials which decided thii Particular
in Pirtugal ditto
Bills, their Payment difputcd at Lighcrn in Silver 4; 1
1 heir various Forms in different Languages,
ditto le fcq.
When made payable to two, kow mult be
accepted 4(3
In Fraiief, their different Sort! dilto
Uiance made 30 Days 454
Regulation about Accepunce at Lycm 455
Bills of hees to a Solicitor in Bankruptcy, by whom
fettled J48
Bills of Health, their Nature and Form 237, 241, 242
Bill of Lading, its Form 116
Bills, penal and fmclc, fur Payment of Money 410
^//(//M^rtr, its Trade 757
^ijf> .S,'a, its Trade 7i5&feq.
b, nlcs mull not be in Policies of Inlurance 266
Body and Tackle of Ships may be feventhelghihs
infiired at Amfttrilam 503 & 304
Bonds their Definition 406
How arc to be mai'- ditto
1'heir Condition ir.ull be to do a 7 hing lawful 407
Made by Infants, how voidable ditto
By a Ftmt Co'viri, may plead her Coverture ditto
Dependent on fonie other Deed, is void, if
the Deed becomes To ditto
To indemnify any one from a legal Profe-
cution is void ditto
Given to a Sheri6f, as a Reward, void ditto
Their Conditions mull be polGble ditto
Not limiting Time of Payment, the Money
bcvomrs due prefently ditto
Not mentioning a Place for Performance of
Condition, obliges the Obligor to feek
the Obligee, if m EtglanJ, to tender the
Money ' ditto
For Payment of Money, may be performed
by giving any other Thing in Satisfa^lon 408
The Acceptance of a new, will not difcharge
the old one, as one Bond cannot be given
in Satisfadion for mother, lie. ditto
Of 20 Years lUndin;;, {iff. Ihall be deemed
paid ditto
Made payable at feveral Days, cannot be
fued tiil all the Days are pall ditto
Where feveral are bound, they may be fued
(eparately or together, i^c ditto
Given by a drunken Man is binding ditto
Do not bind an Heir, except expreisly nam-
ed, iic. ditto
To fave harmlefs, how the Defendant mull
plead 409
Without Date, or with a falfc one, are
good, if fcaled and delivered, tho' it is
not deliver >.'d, 'tis not good, tho' figned
and i'caled ditto
Tho' contain filfe Lalin, or falfe Englijh,
may be good, if^c. ditto
Their Form 409 Si 410
When are not voided by ufurious Agreements 363
To an Mien Enemy become the King's 314
r.cci, its Prodi ''j 581
IScrrro, itr Trade and Produc'*i 790
Borrower", may be witnefles againft Ufurers 31 ;
Bottomry, its Definition, orwtiatiiis 116
Js fonictimes on the Ship, and fomctimcs
on the Boi rower 1 1 7
May nut be engaged in, by a MaOcr ofa
Ship, at the Place ot his Owner s Ri:li.
dcnce ditto
Made on Ships by their Mailers, and after-
wards Jillroycd, is Felony ditto
'J"o the Eajlliidiii, to be on the Ship, or
Goods only, He. ditto
On a fictitious Suppofition ditto
'J he Form ofa Bill 118
Utiuthitra, or liml-ara, its Trade 7J0
Bounty, to be p:iiii, to Pi ivatecrs 209 & 2 1 1
Bou.ity on Exports, how to be applied for 385
licurdiaux, its ancient Tr.ule
Biurador, its Trade 845
Boiilan, its trade 760
hiuien, its Pfodufb 792
Brattfitii; iu Cuftomlioule Hge 836
Brimrn, iu Trade g|r
i?n/a;i», itt Trade and ProdoAt 680
BriJfcri Harbour, the A£l about it 146
Briiijb Covcimars, Confuli, and Mmdiants abroad
to provide for Sailors in DUlreft 94
The AQs for their Relief in Ptr/n/*/, at C«-
tliK, PtrlSl. Mary't, KuMtfhTn 107
Briiijh SubjeAs not to be concerned in any foreign
£a//-W>a Company 6]slc6)6
Brtciitt, its Trade 757
Brokerage paid at AmJItrJam on Infurance 301
Broken, what they are 4;$
1'heir Duty and Appellation ditto
The Number at Amjiirtlam ^57
Their FunAion ditto
1'heir Dues in Im/n, AmfltrtUm, and fe-
veral other Placet 4s3
Bruti, its Trade 84$
Bulk ngbamfitirt, its Product* $70
Buimi Ayrii, its Trade 804
Buratii, its Trade 837
^vr»«^, its Trade and ProduOj 681
Burlingion, its Port, the A£li about il 141
^arrcuy/oiiM^ Harbour, the A A abo ul it 169
Bht/u, iu Trade and ProduOi 749
73"
7S«
75»
7»J
726
80S
ditto
700
ditto
76J
7J4
757
77*
a S7«
810, 811
648 ic 649
763
739
721
»47
CAhinitt, its Trale
CttM, o- Jaioul, its Trade
Lahimirt, its Trade and Produfii
Cafraria, its Commerce
Cairt, its Trade
Cailhnr/:, its Produfb
Calabria, it] Trade
Ca-M, iu Trade
deilroyed
Calculation for fiillt, when the Stile diffisrt
A curious one about Wools
of the Agios at yiHiti
Calendar, Difference betwcca the JnlitH and Crt
goriati
Calicut, its Trade
Calmiueh, their Trade
Camtayt, its Trade and ProduAs
Camiiya, its Trade and Product
CamiHJgr/birt, its ProdufU
CaiiM/a, its Trade
conquered by the Englifi
Cananer, It Trado
Canary Iflands, their Commerce, (ifc,
CaMia, iu Trad?
Candles or Fire, not permitted in the Tarmtulh Har
bour
Outea, the forei'gnT.-ade carried on from thence by
the Chitufi 7 76 & tq-
Canlmy, iu Commerce 726
Cat/a. its Trade 76J
Capi-Briln, its Trade 81}
reduc'd by the Englijh 648
Cape Ji Trtii Ptinitj, its Trade 728
Cape Jet yirdlRei, their Trade and Produfls 738 & 739
Capers and Privateers, their Definition 204
Cafta, or Caja, its Trade 7 1 5
Captives, in Prize-lhips not to be abufed 249
Caracta Coalt, its Tnde 804
Cargo, to be inj-'e good by the Mailer ofa Ship 82
Not to be deemed a Wreck, if a Man, Cat,
or Dog, clcape alive out of the Ship 97, 131
Cariiiei Iflands, their 'frade 65]
Carmen, when may ufe two Horles ^o)
Mull not ride, nor drive a Trot ditto
When their Carts are empty Complaints
mull be made agaioA them ditto
Not rel'ufe to loaa 40 1
What I ime tliey come to Wharf, (Jc, ditto
What Weight are to carry 403
Their Rates 394, 391;
CartliMa, to whom firll granted 640
Its Trade with Urtat-Brilaiii, He. ditto
Ca<-fi.hi, its Trade 75 1
Carts in Lmitn mull be numbcied 402
'I heir Si:e ditto
Loadcn, and empty, which Way (hall pafs
into, and out of, 7 bimiiflreet 394
When empty, their Sunds and Number 404
Not
'■IfUm: }
INDEX.
79'.
4
803
7?o
753
744
7'7
362
5'
307, 308
811
768
ngz
79 «
727
66
38+
386
369
784
812
674
308
760
467
7S»
'37
Carmtn, Not to wa!t with their Loading above half
an Hour Page 403
further Regulationi about 393 — 40]
Carlbogi, a Colony from lyrt 4
Cai litigmiam, their great Trade and Itnprovement
of Navigation 4^5
The Populoufiicfi of their City 4
I'hcir nigh Feats in Arms, and De-
llruAion by the Rmtumi
Carlbtgna, it!i 1'rade and ProduAs
Cajihgar, cr Liltli Btucharit, its Products and
Tradt
Ct/fim Sia, its Produfls
CaJJin, its Trade
Caftamtcli, its Trad>:
Cafualties, that excufe illegal Interell
Cattle, Sheep, Swii.e, fjt. prohibited Importation
to England
Caufes which Arbitrators muft not determine
Coynnr, its Trade
Caximhaxar, its Hioduce and Trade
Ciltliti, its Trade and I'rodurts
Oram, its Trade and Produfls
Ctraiiqiit, the Culloms paid there
Certiiicates for InJIj Wool, how made
For foreign Goods exported
For the I'rice of Com exported
Granted to fanlirupts, from what Debts
free them 499 & feq,
Of Surplufage of Culloms, by whom
made, and iis Form
CtyloM, its Trade and I'rodufts
Chamkli, its I'rade
Champagne, its Produfts
Chancery, when relieves againft the Award of Ar-
bitrators
Ckainl, or Chan/, its Produi5)s and Trade
Chara^ers ufed in working Arbitrations
Cbarajfm, its Products
Charges for unlading a Ship to prevent its Lofs, mull
come into a general Average
Charity for Seamen (and their Widows) difab!cd,
fie. in the Merchant's Service, the Aft 99 i- Tcq
Committees thereof when to meet 101
Contributors of ;o/. thereunto, may be Go-
vernors ditto
Charterparty, its Derivation and Nature io3
Different Cafes about them IC9 & feq.
Its ufual Form 1 1 4
Ditto, whereby Part of the Ship's
Owners freight the other Shares 1 1 ;
ChiriUn, Its Produfts 788
Chtjh:rt, its Produfts 571
Chii hiri, or Chiriri, its Trade 743
Chilac, its Produfts 8og
China, its Produfts and Triffick 774 tc feq.
Chiiptra, its Trade 769
Chora/an, its Produfts and Trade 753
Chriftenings not to be infured 263
ChriJIana, its Produfts 828
Chrijiian/um/, ditto ditto
Chrijlianfitnii ditto ditto
CiMou, its Trade 789
Cities in G'r«(-A7><j/», their Number 569, 570
Clackmannanjkirr, its Produfts 582
Claims may be made by an Obligee, or infured af-
ter tlie Obligor is Bankrupt 528
ClauMui C/tfai, fuppofed by fbmc to have been the
hrft who brought in Inl'urancc 263
Coal;, their Abundance in C»mi»riii>rf 572
Coalls of Ajnik, from Cape Vtrd to Cape Sierra Litna
their Trade 725
From Cape Sierra Una, to the River of
/Irt/rej, their Trade 727
Of Barhary, their Commerce 728 & feq.
Of Upanifl} Ameri:a in the A'»r/A and Stuih
Srai, their Trade 802 & feq.
0( CcrmaiM, their Trade 764 & feq.
0[ Pi/chene, their Trade 764
Of liUiii, ih -ir Trade, IJc. 760
OfA/nti, from the Capt c/Gcoil Hipe, to the
I'.ntr.inccofthe ReiJ-Sea, their Trade 732 & feq.
Of Ciold, iSi. tiifir Trade 729
Cixljiii, its Trade 764
Cochineal, by wlioni, and with what Ships may be
impnrtcd ^i
CkIiiii Cl:.i.a, iis 'Tr:iile an^I Piodufl* 773
Cockets received on the Payment ofCultoms Page 3I j
Their Indorfement before given to the
Searcher ditto
Their Form ditto
Cmr, James, his great Trade 1 )
Great Riches and Buildings I4
Coffee, what mull be done in America, previout to
its Shipping ^o
Penalties for any found on Shipboard, ex-
cept has been exported frbm (irrai Briinin 7 1
Coins of all Countries, (fide the Contents at the
Beginning) 874 5c fe<(>
CoMe/ler Harbour, the Ad about it ig;
ColodUs of Rhtdet, its Size and Value 19;
Commanders of Privateers, their Inftruftioni from
the King 117
Have Power to feize the Enemy ditto
Mult commit no Hollility within the Har-
bours of Princej in Amitjr ditto
Where mull bring their Prizes in z 1 8
What Witnclfes mull produce ditto
Mull not break Bulk before Judgment ditto
Mull not aft any Thing againll Treaties ditto
What Goods are prohibited Sale tig
Obliged to fuccour any Ship in Diftrefs be-
longing to us, or Allies ditto
MuH give in an Account of the Ship's
Tonnage. Guns, Men, t^c. ditto
Mult correfpond with the Admiralty ditto
What Colours may wear 220
Penalties on violating thefe Inftrnftioni ditto
What Sureties mull be given ditto
Form of the Hail 220&2ZI
Additionallnllruftions 2ZI
Their Articles with their Crew 221 le feq.
Their Commiflion, its Form 2 16
CcmmenJt, its Commerce 728
Commerce, its Antiquity and Original 1
Its natural Tendency to render State*
flnurilhing 2
Of the 7>nVi», from Monfieur //«// 3
Of the Cartiaginiaai 4
Of the Egyptiam ditto
Of the Roman) ^ |
Of the Gauli ' 6
Its Re-eltabli(hment in the Weft ditto
OUhe Venetians 7
Of the Genceji 9
Of the Hanjiaiick Towns 9
Cf ihe Dutch ditto
Of the Mufccvitei 1 1
Of 'Jamei Coeu*" I J
Of !• c Houfe of Medici) 14
Of the French ditto
Of the Englijh 18
Of the Spania'-d) ^ 19
Of the Arabians, by Dr. Garcin 20
What it includes 565
Where is carried on by Barter ditto
Not unworthy the Attention of the moil
illullrious Perfons ditto
Its State under the A/iatick, Grecian and
/?iima« Monarchies 566
Carried on by the Pi/an), Gentt/e, and
yenelian) ditto
By the Portuguefe ditto
By the Englip, French, Danes, and
Hamttrgber) ditto
By all the Nationi of Europe to Ame-
rica ditto
Its Divifion ditto
TheGeniusofthe£«^/^adaptedto it 567
How it went on augmenting in Eng-
land, under diiferent Reigns ditto
With an Enemy forbid, after the War
is proclaimed 237
CommilTion of Bankruptcy is not for the Benefit
of the Petitioners only 492
Fraudulently fued out for the Bankrupt's
fake will not difcharge him from Cullo-
dy 493. 49+
Can only iflue. upon the Affidavit of a
Creditor or Creditors, &c. 491
Is not a Matter difcretionary, but to b«
granted de Jure ditto
When may be renewed after a Sufer
Sed.a) ditto
Com*
-».i;
■.,:;>•»
I
• , ' ."" ■ WJ^. ' T
I N D
Sr:'*'
m '
n4'
P»g« 4?'.
493. 504' 509. isf
CoiDiiuilioners of Baakrupccy, their Power
49»
Their Qgtiilication 451, 49a
How arc to make the Sale of Landa 50Z
By whom are paid $48
Commillioni for trying Pirates, to whom muli be di-
rected 131
CommiiEons granted to Captains of Eajl- In Jia Ships
for taking Pirates, in EnJI.ht/uj
Grantable ir y Subjct^s in Jmirita, to fpare
the Enen aoii to 209
CommiifiQliers for ^ing Pirates in w^aur/'ra 231
Of Appeals about Hriaes, who they are 337
Of Insurances, and their Secretary at Amftir-
iam, neither to infure or be infutcd 297
Tho* by a future Ordinance, they may be in-
fured 299
Their Duty and Power 297, 300
They are 10 determine Average 299
What Caulea they are to lay before the
Echevins 300
When may condemn the Payment of Pre-
miums tor noo Appearance 30;
Comparifon of fi>me Coins 462
Between fine Gold and Silver 463
Compound Arbitrations, how wrought 484, 485
Concealing Bankrupts Effects, the Penalties 547, ;4S
Cengt, its I'rade 7304:731
ComJIaKtimfle, iu Trade 714
Confuls, their Choice 259
Some do not trade ditto
Their Duty and CJualification ditto
Their Incomes ditto 60
Their Patents in En^///^ and /.a/i« 260, 261
The Places of their Appointment 261
Are not publick Miniilers ditto
But fubjeft to the Laws where they refide ditto
Contraband Goods, what they are 205
LontraA, its Derivation 405
Conuadis, not voided by Miftakes in drawing the
Writings 363
Originally ufurious, cannot be exempted
from the Danger of the Statute ditto
Ufurious, their Nature and Difference ditto
Their Difference in a Day's being limited
for Payment and not 40;
Mull be certain, perfc£ti and comp'.cat ditto
Conditional 406
For Goods may be made by word of Mouth
as well as VVritinp ditto
Not to be perform'cfin a Year, muH bs in
Writing 404
»47
'33
'3 +
136
ditto
Triable in the Admiralty
Contribution, in Marine Cafes, its Signincation
What Goods are rateable to it
How ordered, when any Goods petiih
in a Lighter, ^V.
Its different Cafes, when Goods are
taken by Pirates
How to be made lor a Ship taken and
reclaimed by its Crew ditlo
Convoys, thtir Duty 23;
Days pubiitkly appointed for their Depar-
ture =36
Madcrs mull be careful to obfervc the
Commodore's Orders ditto
Demands of a Reward, or Ncgleit of the
Merchants Ships, punilhabic ditto
On Ships iiifured to the Enjt-lndiii is good,
if taken in the IJovvns 2iq
Copartners Bankrujiii, Cafes therein 532
C^.pei, its Produfts 846
(';;//«<», its ProJufls 805
Copies of liifurancc at Anfltrdam are orJercJ to
be kept 2^4
Ctrra. its Trade and ProduAi 78;, 78 3
Cark, its Tra'le 587
Corn ptrmitted Kxportation and Importation, iinJcr
fivcral Rcilriflions 38 to 40
CorH-wall, its Trade 571
Corporations, of the Rcyal-Exihanfr, tnid Loidin,
AITurance, with the Afls of their ( hariers 2' ^ .^ fii],
Corftiani, the Projiodtions made thtui by ilicir King
Thiedtrt 706
Co<ki, or Ci'Jaquf!, it' Traiiu 754
ttjmt dt Midicii, his noble Origin 1 4
His prcat Kct-aid Ijr Trade, and happy
luccvls in It dit'o
E X.
Ct/m dt MnHtii, his Exunplt followed by fevcnl of
his SucceSbrs with equal Fortune Page 14
Cofts of Ships, River and Country built ^06
Ctu; its Trade ^, j
CeuloMf, in Trtdf y^■,'^
Coantici in Eiigliuid and ffa/ii, their Number j^o
Coxr^ny, Its general Trade 833 & leq.
Court of Equity, what Marine Cafes it determines 242
Court Martial in the Navy, of whom, and how
many it it compofed 251 & 253
Its Conftiiuentt Oath before ■ Trial ■ ac 2
Crtditon of Bankrupts, their Difference and Power
to claim 5,7 ft j^g
Obtaining Judgments, after a Bankruptcy
decLued it void
53«
Crnh,
?37
549
54'
• 38
79>
^V
701
Joint and fcparate. of Pam.ert Bankrupt,
how mull be paid jji
Not obliged to rtfund Money raceived of
a Bankrupt in Trade, before the Bank-
ruptcy was known
Of Bankrupts fweaiing falfeiy, the Penal-
ties they incur
Refiding abroad, how are to give Power
for figning the Bankrupt's Certificate
its Definition
Crimaii or Crimalia, iti Trade
Cridixtrs, their DefTnition and Duty
CumMamd, its Products
'^umian, its Trade
Culloms cannot be laid on Merchandize by the
King's fole Power 166
What they imply ^tto
At Nirway, how are to be paid 818
Cufitm-Hcu/e Officers in Loidn, liot to hinder the
Merchants making Entries in their Turn 371
The Time of their Attendance ditto
Their Feet 388 i feq
Cuflomers, UV. not to have Ships ^,
Cujlumt Farva, when firfi granted .gg
Cy^rw, its Trade £,,
Czar ofMo/cryj, his gre« Regard to Trade 1 1 t 1 z
DAmages, done at Sea, where triable 2^7
To perifhable Goods, mull be li^rne
by the infurcd 267 ii 268
And Lo&s from which, the lufurers at
Amfttrdam tit exempt 29^ ie 257
And DeaytofEafi-liidiaSbipa infurcd at
Amfltrdam to be repaired by the In-
. ^ '"'?'«» 299 ^- 3'-n
Daman, its Tr.ue -j^
/)aiu> trading Companies, their Commerce 852, 8ii
DaMxid, its Trade 8u
Dirbyjhirc, its Produfts .7,
Daufhiny, its Trade and Produfls bSi
Days of Grace, in Bills of Kxchangc, what tlicv.nre 440
Debcntuics for Goods exported by Lerlificate, bow
to bo got •«•
Their Form mtti
Ditto for exporting Corn j ■> j
Debts for making Ships, to be uicd by the Adnii-
"''y 242
Debt, or Mint F.xchanges, what they are a\\
Debis due to the Crown, when are preferred to
others 5,, jt j,.
Of one Partner, when are binding to othcrv 5..
Paid by a liaakiupt, are recovtiable by the
Aflignees 538&53.J
Debtors before Bankruptcy may prefer one Creditor
to another
Decan, its Irade
404
3f>3
4(;c.V-4gi
7&0
Declaration, which the Commiflioners make againfl
the Bankrupt
Declarulions, for Ufury mu(l include Corruption
What to be made by the Accipiant of a
Bill, when the PoireiTor is liankrpt
Deeds of Settlement by Women, before Marriage,
unknown to the Hufband, aievoul
Dte River ai Cheiitr, the Adl concerning it
Dcl'raudert in Iniurante at Atrfiadam to be exem-
plarily punifhed
Delays in prciuring Acceptance to B;lli of Fx-
chanpe, their Lonfcqucnce 41S&411J
Dcmorrage, what it is no
Denization, its Detivation and Mciniiig 31 j
Oeirizri, its Definition ji^
I Their
43-
?"3
1 w
=94
•fc«t' 1
405
363
528
543
368
465
3+9
Dtnixin, ihcir Privilege! Page 3*0
Dfdmar/, its Trade 816
Denomination of Bankeri, when was Gift given in
EngtanH J62
Dcpofits whicli tlie Banic aJmiti without giving Re-
ceipts 360
Whereon the Banlc will advance Money ditto
Dtrhy/tirt, its Produili 571
Defccnts of Aliens, their Nature and Kinds 316
Or Devifes after Bankruptcy, which may
be fold ;07
Deviation, difchargcs a Policy, only from that Time 167
Infurers not obliged to return the Pre-
miums after it ditto
Dtvtnfljiri, Ilsprodufls 57Z
Dift'crence between a Charterparty figned by the
Mtller alone, and one figned by him
and the Owners 113
Of Wrecks 1 30
Of Prizes 236 &• i37
Of Infuranccs ao;
Of C'ontrafls, when Payment is limited
and when not
Of Ufurious Contrafts
Of a Bankrupt's Crtditors, and theii
Power to claim
Made in franct between a Bankruptcy and
Failure
Dircftions for proceeding after a Ship is reported at
Lendon
Dircdlions for working fimpic Arbitrations
Ditto for compound ones 469 to 485
Dircilors of the Bank oS England, their Number,
Attendance, Salary, and how are chofen ^60
Their Qualification ditt»
Cannot be chafe of the B»fi-IniRa Com-
pany and vt<c -vir/a
Direflors of the Royai-Exchangi, and Londe* AITu-
ranees, how long they (hall continue 263
May be Member^ uf Parliament 264
May not belong to both ditto
Difcharger of a protellcd Bill for an Indorfer may
recover of him or the Drawer 423
D'.."vOveries which Bankrupts muft make 494 & feq.
Difcoverers of a Plot againit a Ship, their Reward 231
Jiiihmur, OT Diihmarjh, its Trade 82;
Diu, its Trade 759
Diverfe Bills remitted for feveral People, if one is
piotelled, how the Lofs mull be made good 43 1
Divine Service to be duly performed in Ships of War 249
Vorfiijhiri, its Produfts 572
Dmir Harbour, the Aft about it 141
Dower of Bankrupt's Wife, when may be fold 507
Of a Widow, what it is 509
How is afcertained and privileged 5 10
When the Woman is not dowable ditto & 5 11
lirammtn, or Dronlhrim, its Trade 828
Drawbaciis, on what Goods are allowed 369
Draughts allowed at the CuJIom-Hau/i on feveral
Sorts of Goods 370
Drawers of Bills of Exchange, fome Rules for their
^K.idutt 416
To whom are bound 417
To what Charges are liable if Acceptors fail 417
Failing before they receive for a Bill given,
how to proceed ditto
To v/'mi Charges are fubjeft, when the Re-
mitter fails fi:fore Payment 418
And Indorfers how bound, on Protefts for
the Acceptor's Infolvency 420
Of a' Bill on one Place, and payable in ano-
ther, how done 244
Of Bills by Commifllon, what Advices pi-e
to give ditto
For a third Perfon, what Charges are liable
to when the Acceptanis fail 431
Ddlin, its Trade 586
iJawWre», its Trade 582
Dumfries, it) Trade ditto
'lurham, its Trade 573
Vuteb, their firll Settlement, and fuccefsful Attempts
for liberty 10
Their vail Ttade ditto
Their Eajl-liidia and other trading Com-
panies 10 & 814
Their general Trade 81 a fc feq.
N D E X.
Dutch, the Smallnefs of their FroduAs, and yet im<
menfe Stock of all Things
Pilots, their Qualification and Duty
Goods fent to the Spanijb IfeJi-USii
Dntchy of SUfviUk, its Trade
Duty of AlEgnees of Bankrupts in Enflani
Ditto in Franti
Of Goalers with Bankrupts
Of Mailers of Ships and Sailors
OfBallallmen
Of Mailers of Ships in Dillrefs ■ 3 1
Of a Regiller in the Coi't for trying Pirates
And Qualilication of a Conful
Of Pilots at Normiay,
Duties on Goods from our Plantations
Allowed for Salt perilhed, (Jc.
Not taken for raw Silk of Amirica
Nor for /fmirican Iron
Which may be bonded, and when are pay.
able at the Cuftiim-Htiufi
P.iid for EdJyjhiu Light-Houfe, Wf.
Paid ibr palling the feunil
Page It
69a, 69J
816
5H
J55*5S6
5+9 «f 55«
82 & feq.
120JC 121
& 13*
231
»S9
830
55 & feq.
61
80
81
368
196
821 &feq.
EAS T India Company, their firll Charter 63 1
May fcixe any Ships trading in their Limits 237
May lend Money on Bottomry to their
Captains 26^ & 26J
Goods not to be carried to IrelanJ, but in
Brit'Jfj Ships navigated as by L,aw JJ
Of the Dutch 10
Of the Frtach 688 Sc 689
Of the Danes 833
EaJI-ImHet, their Trade 755 & feq.
EaJllaniPa Trade with In/and 668 & 669
EJtfyJIone Lieht-Houfe begun by Mr. Henrj ffin/lmliy 195
Rehuilt by Mr. John Rud^ird ditto
Its bearing ditto
Edinhurgh, or Mid-tolhian, its Produtis 582
Ed-ward \\\. firll ellablilhed Laws in Eigland about
Exchanges 413
^ayP'' its Trade 4^717
Elder Brother, an Alien, can't inherit before the
younger a Denizen 3 1 5
£/;/», its Trade 582
ElUnfaot Harbour, the A£t about it 169, 170
Emhargei, its Definition 242
Embezzlement of Bank Notes, by thofe entruAed
with them, Death 396
Empire oiPrtfltr Jibn, its Produfis and Commerce 736
Encouragement for importing Amiricnn Indigo 79
To ferve in a Privateer 211
To fight aeainll Pirates 231 & 232
Endorfcr of a Bill of Exchange may divide it 439
Endorfement of a Bill of Exchange, how mull be made 4 1 1
Englijh, to what Places they may fend Confuls 261
Their Commerce, Wi-. 18 & 572
Wherein excel all others, in a commercial Way 567
Their Lofs by the French Trade 384
When firll begun their Perfian Trade 74 J
Swearing Allegiance to a Foreign Prince be-
come Aliens
Entries for Goods to be exported by Certificate, how
made
Effex, its ProduAs
Ertates, which don't center in a Bankruptcy
Evidences unjull in a Marine Trial, their Punilhment 254
Examination and Delivery of Foreign Goods, how
made 3;8
Exchanges, the Difference .^13
When have been proi. 'itcd ' ditto
Exchanging by Bills, on Marts and 1 airs, what it is 44;
Exchange Brokers, their Qualification and Duty 4;; & 456
Executors Bankrupt with others F.flxils in their
Hands, how are proceeded againll 540
Of Aliens, not to have their Leafes 314
Of a Wife, preferred Xx. thofe of her Huf-
band, m Cafes of Bankruptcy 5 1 6 & ; 1 7
Expence of procuring a Letter of Marque z 1 ;
Exportation of Wool, why was prohibiied 570
Of Bar Iron from Ltindm prohibited 8 1
By Certificate, what Time is allowed
for it 3O9
Exports from £)ij/a/n/, of what confjil 5(19
To trance annually 595
Eztrum, or Extrtn, its I raflick _ _ 749
3'S
368
S7J
509
10 X
F. Fafli rs,
■'■■' . ' '■ ' ^ v ' ,1 _ ' ' i
N
E X.
F.
FA£torii their Bufiners and Duty P*ge 41
Servant to the Menhant ditto
Mud malce SatiifaAion on Breach of Orders ditto
Truftce for his Principal, therefore cannot re-
tain any Goods, if the Merchant die in-
debted by Specialty, He, ditto
A bare Commidion to fell will not enable
him to trull ditto
Several Merchants mull run the joint Rifque
of his Adions ditto
Selling Goods on their own Account, to a
Debtor of their Principal's, what ought to
do in cafe of hab 42
Making a falfe Entry of Goods, or loading
them without entering, are liable, if the
Goods are feized ditto
Making an Entry as ftr Advice, (it. and
this is erroneous, and occafions a Seizure,
It (hall be for the Owner's Account ditto
Shall not fufier for the Fault of tlicir Em-
ployers, ISc. ditto & 43
Robbed, Ihall not be anfwerable for the
Lofs, nor if Goods are damnified by Ac-
cident 41
Taking falfe Money, Ihall be for their own
Account, tho' if the Value of Money be
IclTcned after Receipt, it Ihall be the Prin-
cioal's Lofs ditto
Mult be circumfpeA in regard of Letters of
Credit ditto
Accepting a Bill from one who has F.flefts in
his Hands, doubtful whether he can pay
himfcif, if the Owner of the Goods af-
terwards fails ditto
Engaging for Frc^glis by Charter-party, are
obliged, but if they load generally, the
Owner and Goods mud anfwer 43
Neglecting to comply with Orders for Infu-
rance (having Money in Hand) muft
fatisfy any Lofs ditto
One joint one may account without his Com-
panion ditto
Not anfwerable for the Solvency of Debtors ditto
Cannot have an AffUmffit brought againll
them for Monies delivered to be laid out ditto
Ought to be punftual in the Advices of
their Tranfaflions ditto
Deviating from Orders in the Purchafc of
Goods, ls!c. Ihall be anfwerable ditto
Selling any Thing under a limited Price, they
fliall be anfwerable for the DifTerence ditto
Fraudulently taking to their own Accounts
Goods bought for others, on their Rifmg
in Value, are obliged to make SatistaAion ditto
Endeavouring to (hip Money by Order, if
loft, is for the Proprietor's Account ditto
Paying or lending Money, without Orders
is at their own Peril ditto
Not liable for Freight, if the Voyage is not
agreed out and home 1 14
Drawing on one Place, and remitting on an-
other with dit CrtJtn, what Lo^es muft
bear 428
Obliged to draw for their Principal's Ac-
count, how may pafs their Bills 43 1
And Executors Bankrupts, with the EIFeifts
of others in their Hands, how are to be
proceeded againrt 554
Failures, how to be guarded againft 486
In FraKci different from Bankruptdc* 637
Fairs for Exchanges at Ljom 442
at Frantfcrt 443
at Ltipjtck ditto
at Naiimbcurg 44;
Talfe Language does not void Bonds 409
Faljlir, its Trade 816
Fantin, {\n A/'riiaJ its Trade 727
Fathers of Aliens not to inherit before Uncles 3 1 6
fees, payable to the Cullomhoufc Officers of LtnJtn 377
Taken at the S'.uiiJ K2 1 & feq.
Feigned and borrowed Names, when may be ufed in
Exchange Coniradls 437 & 438
Feme bole Bankrupt, how her Lands are to be (uld 507
ftrjhaitt, its Trade 744
Ferrymen, not to overload their Boats Page 13; & 136
Fift, its ProduSs jjj.
Fines on an iUicit Trade to Tar^rr 016
Levied as a Security in ufurioiis Contrafls,
how may be avoided 3C1
Fire« or lighted Candles, not permitted aboard Ships
in Tarmouib Harbour 14^
Nor in that of Whitthaiiin 1 gg
FUnieri, its Trade with Irittai 672 & 673
FUkhfiard, its Trade
Flimijh Goads fent to the Sfanip ffrJI-InJUt
FUrma, its Trade
Flotfam, a Wreck, its Definition
Foreign Coin, Gold or Silver Bullion, or Jewels,
permitted Exportation
Foreign Seamen may be naturalized by ferving in our
Nryy
And Landmen by fettling and refiding in the
Brilijb Plantations
And being Proteilants, without taking the
Oaths
Trade, its Benefit to England
Goods found aboard any Collier, Fifticr-boat,
(Js. the Penalties
Forfeits, lie. at the Bank of Amflirdam, how are
difpofed of
Forfar, or Jngui, its Trade
Forger;- of Bank Notes, tr'c is Felony 354 & 35(1
Ditto, of Bills of Exchange 44 j
Form of a Charter-party
Ditto whereby Part of the Owners of a Ship
freight the others Shares
Ofa Bill of Lading
For transferring a Share in the Stock of the
River Z)w 160
Of a Letter of Marque 20110202
or an Order to the Judge of the Admiralty,
to grant a Privateer's Commillioa 2 is
Of the Commiflion ditto
Of the Bail given by Privateers 1 1 g & 2 20
Of a Ranfom Bill in £V>* 223
Ditto in Frmcb 224
Ofa Commiflion gran'ed to Ea^-InJia Cap-
tains for taking Pirates 23^
Of Bills of Health 241 & 242
Ofa Policy of Infurancc for a Voyage 287 & 288
Ditto for a Life 288 & 289
Ditto at AmftirJam for Liberty 304
tJf an Award 31 2 A; 313
Of an Umpirage, when the Arbitrators did
(11) z
709
130
3'7
ditto
,3>8
567
5»
3:+
"4
'■?
116
not determine
Of Ditto of one Pcrfon alone
Ofa Submiflion loan Arbitration
Ofa general Releafe from an Award
Of an Order to the Bank Calhicrs for Pay
mcnt of Money
Ofa Write Ofl^, at the Bank
Ofa Bill of Entry inwards
Of a Certificate of a SurpUifage paid
Cuftoms, and by whom ii made
Ofa Bill of Entry outwards
Ofa Receipt for a liclunture paid
Of a Sufierance for exporting Corn
Of Sufferance lor landing Apparel
ditto
V*-
ditto
ditto
ditto
in
378
386
373«'374
375
37(>
'8 ' . .
Of fingle and penal BilU for the Payment of
Money 410&411
Ofa Protcrt againft a I!ill of Exchange 4 1 1
Of Fetters of Credit 4,(cj
Of B.ils of Exchange 450 & Icq.
Of the Cominilfioncrs Declaration againft the
Bankrupt 494
Of a Warrant for feizing a Bankrupt's EfTcfts ditto
Of the Summons for a Bankrupt's Appear-
ance 49J
Frit^ons, ho.v ordered in the Bank of AnjUrdam 324
Of Hamburgh 3 27
Fran.i. its Trade with Gr/flZ-BriVaiii 591 &■ feq.
its {,eneral Trade 1 5 & 572, 672, 687 & feq.
Reflections on the Growth of it, and of iti
Manufactures iS
Franiht Ctmit, its Trade and ProduCU 681
Fraudulent Bankrupts, who are fo
F iJmciJbaJd, its I rade
FridintkJIad, its Tri Ifl ditto
Free Bench, what I- u.ue it is 511
Freedom, in rhe Af-ka,: Cum|)any, how, and on
what Tii'f/if.i)btained '125
Freight,
IIS
•a«i»;i
N D E X.
Freight, what it is Page io8
It due for Good J laden after brealtinffOround,
altho' the Merchant flionld determine to
unload chcm log Sr i lo
Due to a Ship difubled, how the Mailer may
«A ditto
To a Ship failing after the I ime agreed on,
cither arriving laic, or meeting Lofs ditto
To be paid only on a Ship's Return, wai
difcharged, tho' Ihe was not loaded Home 1 1 1
Agreed for a Ship to load at another Port,
and on her Arrival there, nothing h put
aboard her, is yet due ditto
Agreed for by the Ion, (hall be agreed for
accordingly ditto
For lading of Cattle is recoverable, both on
Pcad and Living ditto
Though if at fo much/rr Head, then 'tis only
paid on thofe that are alive ditto
If not previoufly agreed in either of the above
Manners, than to be paid both for Dead
and Living ditto
To be recovered according to Cullom, foi
Goods fei.t on board, gtmrally ditto
To be paid by the Freighter, tho' (he be de-
tained for his fliipping unlawful Goods ditto
Agreed for Out and Home, none due 'till
the Voyage be performed ditto
Preferred before any other Debt: 1 1 z
Is due on a Ship taken and rctalcen, pro-
vided (he afterwards proceed on her
Voyage ditto
To be paid for Wines, though th Save
leaked in the Voyage, provided tuc Maf-
ter be not in Fault ditto
y^oreeil f°f ^y «l'e Month is due, if ilie
leading be laved, tho' the Ship perilh af-
ter palling the Downs ditto
To be tritii by the Admiralty ^6
Ffijui, its anuent Trade 6
frinchflanJcn,MTtiAe 685
Goo Is lent to the Sfaniji Wefi-hJiei 69 1
American Trade 8 1 & feq.
Pilots, their Qualification and Duty 1 24
frtnth, driven from all their African Settlements 724
[iilaurg, its I'rodutts 848
Tiicnd's Ships known by our Men of War, to be
allilled liy them 249 ^25°
/k/bco. its Trade 816
GAGE Marks to be put on Ballad Lighters 1 2 1
Ualio, it.i I'roduils 826
iiulUom, &c. taken to lie tried in Qriat-Hrilain log
Gamrim, or Gambroiin, its ProduAs and Trade 745
Gault, their Commerce 6
Geloio, its Trade and Produfts 792
General Courts for relieving Seamen difabled. We.
in the Merchant's Service, when to be held 101
General P.cleafe from an Award, its Form 314
Cencroi Trade of England
Of U'a/tt
Of Scollan J
Of hilanJ
Of Franct
Of Spain
Of Pcrlugal
Of Iiafy
Of A/riii
Of Afia
Of America
Of Holland
Of Dtnmari and titfuiaf
Ccncral Truces, what they are
Ccnnia, its Ucfcription and I'rade
Cinerji, their Commerce
Rivals to the f/neliiini, in it
Their Wars with ditto, and the Lofs of the
Battle of Cl/iozza
Cftrgia in Amenta, its Trade
In A/iu, ditto
Gezfsn, its Trade
Gifts and Bargains not under a Commiffion of Bank-
ruptcy 501 & 506
Clam, noted for its Gieen Cheefeand Slates 847
(ilouitflcrjhire, its Produtls ^73
Cnaffn, iXi'tliii 728
566 & (eq.
579 & 580
;8o & feq.
586 & feq.
672 & feq.
690 k feq.
696 & feq.
6>;9 &: leq.
724 & feq.
741 & feq.
6j9, 800, 812
8l2
81C
244
849
8 & 701
8
,9
649
748
744
Oca, its Trade Page 761
Uoalcrs, their Penalty for a Bankrupt's Efcap: $49
CleliimJa, its Trade 767
Gold or Silver Bullion, Foreign Coin or |ewcls,
pormittc'l Exportation 36 & 37
Gold Coin, K4 Par between Icndms and Amjlerdam 459
Its Par between francl and Helland ditto
Its Par between Lijttn and Am/In Jam 460
Gold and .Silver compared 462 & fei).
Goods fcizable after clearing a Ship 54
From the Plantations mull firll be landed in
England, before they arc landed m Ireland 56
What Sorts may be imported into Iri.'iwd
diicflly from America J7
Sold by a Mailer of a Ship under Neccflity,
the Confequencc bg, 90
May be thiown rbonrdin a Storm 106 & 107
Delivered tu a Mailer of a Ship, may not
be attached ditto
Whofe Freight was agreed, though no' de-
livered aboard, the ConTeque ce io3
Partly Hole in a Voyage, the whole Freight
not due 1 1 1
Found on any Perfon, la'ten or (loh from a
Ship in Dillrefs, (hall be delivered to the
Owner 132
Thrown ovcrbo.ird in a Storm, how to be
valued before a Contribution 13;
In Neceffity may be call out of a Ferry-
boat 1 36
Thrown ovcrlxiard after others have been
clandellinely taken iu, (l.jll be paid for
by the Mailer 137
Lod by Piracy, or Tempeft at Sea, and
they afterwards come alhore, the Owner
(hall have them, if he can prove his Pro-
perty 2j8
Pirated from Foreigners, and fold here in a
Market Overt, Ihall convey a Property ditto
Of Pirates, and not piratical Goods, become
a Prize to the Captor 23;
Spoiled on Shipboard to be made good by
a Contribution of the Sailors 246
Not to be taken out of a Prize till Condem-
nation 248
Infured as belonging to an Ally, when ap-
pertain to an tnemy, void 267
In Holland, carried by Land, to be infured
only nine-tenths of their Value 294
Which mud be named in Policies of Infu-
rai.ce at Amjlerdam 294 & 295
Thrown overboard, to be brought into grofs
Averages at Amjlerdam 300
Whereon no Drawback is allowed 369
Mull not L-e landed before the Duties are
fatisfied 371
From the Britijh Plantations allowed one fifth
at the Cujiom-Houft of Linden for Tare 373
That may be fliipped and landed between
Limehou/e and U\'jinii>ijler 383
Chargeable with Culloms, exported with
others that are free, mull have two
Cockets 384
Found in a Carkrupt's Hands arc fuppofcd
to be his, and (hall pals to his Creditors
accordingly 507
Of a Bankrupt when may not be fold by
the Commiffioners 508
Of a Bankrupt not to be removed 'till his
Kent be paid 531
Mortgaged or pledged after Bankruptcy,
are overreached by ihe CommiHion 538
Prohibited ImporiatiiT.i in Denmark 826 U S17
Governors in America tu afiill againll Pirates 231
Of Ancona abuled the I'enctian Coilful 262
Of the Royal Exchange and London Af-
furancc, the Tiiie of li'tir Continuance 263
May be Members of I'arlia..,. n, but not
belong to DP' h O, tiers 264
Of the Bank, i.icir Atttiidanc.ia.ia Salary 360
Their Qualification 361
CounoHg-Api, its Trade and ProJuils 794
Granfon, its Trade 847
Grants for Wreck, what they include 130
Made to Privateers 204
Of Rent at an undervalue, when arc ufurlous 364
Of Annuity lor any Sum not ufurious ditto
Gratuit/f
h
w . ..^if > — >. i|ii < (iM |i| n ( m ■* \ ) t f 'r m t/^'
'mrrr
N
E X.
P
*
^tmi
:\
f.
CratiiiMi accepted hy a Lender ii not ururioiM Pag* 364
Crtai Suuharii, iti ThiiRck and ProduAi 7{0
C/-M Brilaiii, Tuppoftd by Tome the greateft Ifland
in the World {69
lu former Namei, Situation and Di-
menfions ditto
Iti Namber of Pxrifhea and Cities ditto {70
Great FraAicni, in Calculuijni, Imw may be
avoided 461, 46a
Great A&/<tfMiaei, thalr Trade 791
Gnat Tarfry, ill ProduOs and Trade 749 Ic Teq.
Criiis, Scholars to the Ptameii. .; in the Science
of Navigation 44, 45
Cniert, noted for the Onantity and Quality of its
Cheefe
Giuu/alniti, (lit. reduced by the hK^liJl
GmuimMla, its Tmde and Products
Guaj/mfmi/, its Trade and ProduOs
(iuinu, its Trade and ProduAs
Guumiri in Africk, its Trade
Gmifu/cta Company, their Charter, (it.
Guiph oi Pirfiu, its Tt^e
Guns aboaid not to be kept Ihottcd, nor fired at
unfeafonable Hours between UnJui BrU^t an 1
Blaiiv/ail
Gunpowder permitted Exportation, when the Price
dors not exceed 5 /. per Barrel
Not to be received aboard any outward-
bound Ship, 'till fhe be over againll
Btaciuall ; and Ships coming home,
to put it out before their Arrival there,
or within 24 Hours after 97,
Cufaralt, (fuppofed to be Tarjhis, where StUmn^i
Fleet went) its Trade
848
653
801
80S
C-6
728
695
7t4&feq.
98
Page6j4
790
798
788
78s & fer.
r.3i
/SO
799
130
40
, 98
756
H
H.
Jial, in Ftr, its Produfls 7J3
Haddock, Frelh Herrings, Ui. not to be im-
ported but in Ek^/jP built Ships, C^(. jj
JJaJJinglcii, its Produfts 58a
halli/ax, 1 'own of, built 646
//ai»ii<rj*, its general Trade 81 J
Its particular Trade with Frtnui 689
With Spain 6yo
With f'inici 699
Its Bank 3:7
Hamfpirt, its Produfls 573
Ua'Jiatitk Towns, their firll Eftablifliment and Com-
merce 9
Their Names in the Confederacy ditto
Its Reduflion by many 7'owns withdraw-
ing from its Aflbciation ditto
Thole dill rcferving the Name ditto
Haven, or Harbour, its Definition 138
Not to b« damaged by throwing any TTiing
into them 61 & 122
Hemp, Flax, and the Produftion thereof, may be
imported here from 7r<yi)W 53
Htrat, its ProduAs 753
Hereditaments may be purchafed by the Eaji-hdia
Company, not exceeding \o,ooo I. ptr A»HMm 636
Heriforitjhire, its ProduAs J73
liettfirJjhirl, its Produfts ditto
Hiai, its Trade 7 1 6
Hi/panitk, or Si. Dcminie, its Trade and ProduAs 801
Ihdtiiia, its Trade 744
Hallaml, its Trade with Grtal Brilain 598 te leq.
Ditto with I'tland bog 4 670
Ditto with Frantt 692 Si 693
Ditto with Spain 693 k 694
Ditto with Ptrlugal 697
Ditto with ynitt 700
Its general I'rade 8 1 2 & feq.
Halm/lam/, its Trade 829
«c//f/>, its Trade 817
Home Trade of Ureal Brilain %^9^ '^l-
Hclttnieii, good IVlechanicks 733
Hours, for Nvritirg into the Bank of AmJIirJam 32;
For doing Uufinefs in the Bank of Hamburgh 327
HuJ/sn'i Bay Company, when procured their Charter 640
Their Itadc ditto
Hull River and Bp^irity Dtck, the Aft about them 1 80
Hunlitigienpnri, its Prod ucU 573
Hulbands of Ships defined 367
When have a Right »o Tenancy 510
Mtmt; it> Trade and ProduAa
Jamil, iu Trade
Trade of
'iparm and Jmvatm, their Trado
'0va, iu Trade and Produaa
ItiUuU, itsTrada
Jtrkin, its Trade
Jtriflmu, iu Trade
Jtrfiyi, their Trade
Jtjp), iu Trade and ProduAs
Jii/am, a Wreck, its Definition
Jewels, Gold or Silver Bullion, or FoivSgn Coin,
permitted ExporutioD " 36^37
Jtv/i encouraged to fettle at Napln yob ic ■'oj
Not permitted, by their ta>-8, to uke Ufury '
from one another 1^5
//trirMw Harbour, its Aft i-j
Iu Lighthoufe, when to be ufed, and what
paid towards it Jitta
Illegal Intereft may be taken, when both ;/ and the
Principal are hazarded
ImpedimcnU to the Heirdom of Aliens by Defcent
To a Bankrupt's having an Allowance
out of his Ellate
Imports from Framci to Lndm in a Year
Importers of i!ie Manufaflurcs of Ptrfi,,, Via Muf-
iwy, what Oath ihev mull take 658
Impofts on Goods at the Cullam houfe of Cailix.
- _ . , eci & feq.
Impreffing mto his Majefty'i Service, whom it reaches 99
Imprifonmcnt decreed inthe'iavy not to exceed two
Years jcx
3' +
260
760
640
3'<i
sot
5"+
S
4'*
221
8
Inddeno, which make one a Subjeft bom
Income of Con fuls, howarifes
^»«« Coaft. their Trade
Indigo of all Soru may te imported
Produce of, greatly increafed in Cartlima
InSftan, its Trade and ProduOa
Indullry of the Engh/b in Trade
Inland Bills of Exchange, how are to be accepted
InftruOions from the King to Commanders of the
Privateers 2 1 7,
For the Commiffioners of Bankruptcy at
Amfitriam c-g
Infurance, or Aflurance, its Definition 263
Invented by Clauiiui Ct/ar, or the Jtvii ditt?
Brought into £»j/a»^ by fome hahani ditto
Not to be made for Marriage, Births,
Chriftenings and Service ditto
Not to be made by Way of Gaming, iiCf. J64
How may be made for Privateers ditto
Was at firft confined to Maritime Affairs
only, but now extends to Houfes, i-'urni<
ture. Lives, Liberties, \Jt, 35j
Their Variety JJtto
Dirtinguilhed between Solar and Lunar
Months 265
Not liable, if a Ship be burnt, before breaks
Ground ditto
Made abroad, may be fued for in England ditto
With a Blank in the Policy, or for prohi-
bited Goods, not binding ditto
Made, /« dipart luilb Ctmvy, not binding,
if the Mailer voluntarily quits it ditto
Not liable for a Theft by the Sailors, but
the Mailer ditto
Made without informlne the Infurcr of
every material CircumlTance, is fufiicient
to difcharge the Policy ditto
Liable, if a Ship be forced from her Con-
voy in a Storm, and is taken 267
Cifcharged by 'a Deviation from that Time
only ditto
Tho' fecuring againll Rcftraint of Princes,
does not warrant a navigating, or ailing
againll the Law of Countries ditto
Void, when made on Goods of an Ally,
and they are an Enemy's ditto
Made on Goods perilhal>l>: from their own
Nature, not liable for Damage ditto
Made for another, may be fued for and re-
covered by him that made it zCg
At AmJIirdam, how, and when may differ
from the Law 289
When commence and ttrminate 290
Inlu-
INDEX.
»9»
293
196
»')4
ditto
305
306
hrannM on what Occafioni become void Pan, 100, igz
May be made for Goodi loft, if uie AC-
hired knew not of it
On Goodi deuined by Foreignerit when
may be abandoned
On Goods embargoed, how the Aflured
muft proceed
Mot to be made to the full Value on Goodi
carried by Land
Before whom muft be made
On what Things may not be made 294 $c 304
When may be invalidated by the Aflured 29;
On Bottomry, when valid 304
In Frunci are nude for Foieigneti in Time
of War
Are not permitted there on Life, Waget,
Frovifion, Ammunition, or Materials,
only on Ship and Goods, and on thefe
no more than nine-tenths of their real
Value
' 'ot paic there, in three months after due,
bear an Intereft ditto
In what Time are to be paid, when Ships
are not heard of ditto
Infurers on Goods not freed by the Ship's Arri-
val at her Port 267
Not to return the Premium, in Cafe of De-
viation ditto
Not liable for Ships taken on a neutral
Coafl, and carried into a neutral Port 268
Not releafed by an intended Deviation only ditto
Paid for a Ship, fent as a Flag of Truce,
yet taken by the Enemy ditto
Paid the whole for a Ship that had been de-
fertcd, and was afterwards brought into
Harbour, cho' Tuppofed unferviceable
Paid for Goods taken in a neutral Ship, and
exprelTed in the Bills of Lading to be
tor neutral Account
Of a Privateer for a Month, that was da'
magcd by the Enemy, and could not be
refitted, during that Term, were ac-
quitted
On Fmih Ships in the late War, paid for
them
On a Privateer, Intereft, or no Intereft,
which was taken and re-taken, be j the
I whole Lofs
On a Ship from lemloit to Gibraltar, war-
ranted to depart with Convoy, taken near
Spiihiad, in the Way to her Convoy, fuf-
fcred a '.utal Lofs
On a Slnp, at Intereft or no Intereft, that
V as taken and ranfomed, were obliged
to pay an entire Lofs
On a Ship, at Intereft, or no Intereft, which
was taicen, re-taken, and fold, to pay
Salvage, were freed
On a Voyage, as the laft, which the Ship,
by Damage from a Storm, could not per-
form, paid the Lois
Of a Ship and Cargo, which were taken
and ranfomed for more than they fold
for, paid an entire Lofs
Of a Privateer, for two Months Intereft or
no Intereft, that was uken, re-taken,
and Salvage forgiven, paid the total
Lofs
Of a Ship at and from Lijhtn, which was
dcferted by her Crew, and laid there till
rotten, paid the Lofs ditto
Underwrote a Ship for a Voyage, in which
ftie took a Prize ; and returmng to con-
voy it (forced thereto by the Crew) was
taken, tho' the Prize got fafc, paid the
Lofs
On a Ship to depart with Convoy from one
of the two Places mentioned in the Poli-
cy ; but as none was expeAed the'e, the
Captain failed to another, where he was
aflured of meeting one, and accordingly
failed out to join one that came ofi^ the
Port; however he was taken, and the
Lofs paid
On a Ship from La Vera Crux, to Ltndoit, at
Intereft or no Intereft, which was feized
2C9
270
271
272
»73
277
279
279
281
283
284
285
by the Sfaiiiarili, after a Ceflaiion of
Arms, paid the Infurance Page 28^
Infurers are obliged for no more than 98 fir Cint. 289
At Amfltriam, when muft return half pir
Cm. of the Premium 29;
Muft paruke all alike of the Ppifit and
Lofs of an Adventure ditto
What Time is given them to pay after the
Infured have abandoned 296
What Averages, Damages and Lilies they
are there exempted from ditto
In Frantt, what muft have, when Voyages
are altered 306
Infurance Oflices, when eftabliOied at Pan •, Slact-
ielr and Naflii, and with whst Funds 30;
Company at G«ii«a, their A tides 702 & fiq.
Inftired may claim after Infurers are L krupt 52S
Interlineation and Rafure, when mikes a Bond
void 409
Interefts, which center not in Bankrupts jz8
Inventors of Bills of Exchange, who were fuppofed
to be 4'3
limirni/i, its Trade 583
Joint and feparate Creditors of Partners Bankruptcy,
out of what Eftatei are to be paid 532
Joint-Trader Balilu'upt, does not affi:^ the Eftate
of his Partner 5JJ
Jointures in FruHct, how are afleAed by the Huf-
band's Bankruptcy $;2
IrelanJ, its Counties $84
Its Trade 589 & feq.
Iron imported from Amrica, Duty free 80, 81, 8z
Ifle of France, its ProduAs and Trade 67*
Of Si. Tbmui, its Trade and ProdnAs 834
IBet of jtfia, their Commerce, Wr. 741 & feq.
OSBamla, their I'rade 794 & 795
Of Capi di Vtrd, their Trade 738 & 739
Of Cuta, its Trade 801
Of Japan, or yaftn, ditto 798 & feq.
Of Molucca, their Trade 791 & feq.
OfOrHitfyandStetlanJ, ditto 581
Of 5/. 7(?/i», their Trade 810
Of Thievei ot Ladronti, their Trade 797
I/pahan, its ProduAs and Traflick 746
Ifliie of an Entlijh Woman feized of Lands (hall
inherit, tho' the Father was an Alien
Dittos, when are Aliens
llaly'i Trade with Grtat-Britain 614
What Goods it furnilhetb for the Spawp
i'7
ditto
286
WiJI-lndiit 695
Its Trade with Portugal 697
Its general Trade 699 ic feq.
Italian Banks of Charity, what they ate 366
Juda, its Commerce
JuJda, or Ziddtn, its Trade
Judges, iic. in his Majcfty's Dominions abroad,
their Duty about Ships taken
How appointed for trying Pirates, i^e.
Judgments fullered as a Security in ufurious CoU'
trails, how may be avoided
Of Creditors after an AA of Bankruptcy,
may be avoided
Ivyry Coaft, its Trade
JurifdiAion, the Admiralties limited by whom
Marine, its Oflicers 247, 24S
Of Marine Court-Martial, how far it
extends
Juries, how to be made up, when one Party of the
Caufe is an Alien
Jutland, its Trade
K.
KENT, itsProdufts
Keys, at London, where Goods are
not to be Clipped or landed 381
Thofe which are lawful, and the Time
for working thereon ditto
Jf/'^, or A'///a, its Trade 716
Kineardin, its Produfts 583
King RicharJ II. limited the JurifdiAion of the
Admiralty 246
King, to have Bonds due by an Alien Enemy 314
To have 'he Goods of an out-lawed Bank-
rupt 509
King David, his immenfe Riches 4$
Kingdom of the Jalafu * 277
^/»rc/;, its Produfts 583
729
74+
208
229
363
53 «
240
252
3"»
8i6
574
I
10 y
Kirmant,
N D E
X.
w
''• y ■
[%
,.
;l,:
4' r'
i%'-
m.
mi.
Hkt'^
r
it.,
Kirmtm, if Trtdt
Krtiiru, it* Trad*
P«gt 716& 717
819
T ACmutfiin, Its Trad*
M J Ukni, it! Trade
TUmfi, itiTride
IsMt/lrf, it> Trade
Itm^ Port. iU AA
lamitijhirt, ill Produih
Ludi, how >re to be fold by the Commiflioiten of
Bankrupt!
Land Forces of Eniltuul, with what Butler and
Cheefe are fupplird
Land Waiters, what Copies are to malce In their
Booici, before Bobki are to be delivered
iMnri, iu PtoduOi
ImitUnil, its Trade
Laiif{/iaiJ, its Trade
VJniiimui, i' ' Trade aiid Produfti
iMflall, its Trade
LangiuJti i, its Trade
to;
8i6
719
7>7
16;
574
5°7
576
Large Ships, when firll built In £«j/4«i
ttt JrinU-i, Its Trade
Lm/m) u Produf'
Laws ol . up' • . ,; jftirJof
Lawi to ' • ;^'- . •■ • his Majcrty's Fleet
Leagues. 'H (■'•.. . •they are
An . fii'inhti J*.- >nfive
Leafes at an "-.',', . .-n are ufurioui
.bankrupts
Ho' the Bond was
373
5«3
816
Say
67,5
81;
632 &6sj
6-J
807
645
5>9
247 & leq.
M3
»44
364
709
'93
574
564
807
8o3
198
'99
202
»'5
ditto
»43
446
447
55°
55'
Legacy is with., •: AQ at.
Legal Intereil only taken, is
ufurious
Lttlnrii, its Trade
Liiih, Harbour
Liittftir/hire, its ProduAs
Lenders of Money, .ccepting a Gratuity, ar« not
thereby Ufurcrs
ttom (in Amirica) it> Trade
tr/pa'/»t its Trade
I,eKeri of Marque and RepriCd, what they are
The requUiie Circumllances for obtaining
them
Their Form 200, 201,
The Method of procuring them
Letters of Attorney made by Seamen, mall be made
revocable
Leturs of £ife Conduft to be enrolled .< Chan
eery
Letters from a Merchant to his Wife, Wr. to accept
Bills of Exchange, is not a proper Power
Letters of Credit, their DilTercnce, and what they
are
Their Form
Letters of Refpite, in Fra^tr, defined, and how pro-
cured ■
In what Calcs are denied
Deprive the Grantees, for the prefent, of
Honour, and public Polb ditto
livMi Trade 711 & fcq.
Licences, grantable to Landmen, to protcA them
for two Years from the Prefs 1
Lighthoufc, its Definition 194
The firll built by Piolomy Pbiladtlfhui ditto
Lighthoufes and Beacons to be cre^d by War-
rant
That at llftrJctmbi, when to be ufed
The CololTus o( RhoJu, a famous one,
its Defcription
Several others abroad, as the Tower of
Ccrtlcii, the Phare of Miffiiia, at Gi-
tna, Barcilena, (Je. And ours at
Home, on Sciilj, the EdJyfieae,
Cojkili, PwlUmd, DuMgiHr/i, Feri-
laidi, Siirriti, &c. 195 k fcq.
ligtr, its Trade 77'
Lima, its Trade 806 i 807
Limrick, its Trade sS8
Limited Time, for paying and protefting Bills in
Dtnmark
Limits of the Port of LaitJen 1 39,
Limits of the Turhy Company's Trade
Limofin, it> Trade and Produ^
Ltnitlnjhiri, its ProduOs
Liuliiignu, its Produds
Linlziourg, ils ProduOs
Lift of the liccnfed Ports of Englam/, with tiieir De-
pendencies 138 — I |0
'97
'S^
'95
449
I 140
616
676
574
583
845
Liiilt Btiiilarli, or C^^ilrtr, iu Trade and ProdiiAs
Liil/t Cumray t.i|>hihoufe ^^
Uiili Mtluc. a \i\ti, their Trad* '
Livonia, its Trade g,, ^
Livtr^tii Harbour, its Art
Loading mull be (hipped within the Time fpecified
by Charter-party
Loadftone's Viituc, when difcovered
Litutie, its I'rade
UmiarJ, have the Invention of the Bank, Book-
keeping and Kjcchanges attributed to ihcm
7 &
LnJcm Aflurance, when incorporated
Lanl/tr, ill Tiadc and I'rodufls
Lord Chancellor cannot rccal a Certificate grhnted
a Bankrupt
Lord High Admiral may appoint Vice Admirals to
adjudge Marine Cafes
LtrraiH, in Tiade and Produfls
LoCsofan Inland Bill of Exchange, its Confcquence
Lofs by our Trade with Frunit 569, 59 1 &
Utifim gh, or Caft-Briiin, its Trade
Uwfiani, or M'j/:j/iffi, it, 1 rado
Luitd, its 'I'rade
Luua, its Trade
Liictrnr, Iti I rade
LytKi, celebrated for the grcatnefs of ils ancieat and
modern Trade
LjiHHiii, its 'I'rade and Produrti
75<»
'97
7')»
feq.
'44
109
41
7J«
4'4
-<•%
79+
499
»47
OK5
411
feq.
813
810
♦•f
847
6
«7J
M.
MACAO, its Trade
iMuiaJfar, ils Trade and ProduAs
Madagof<ar, its Trade and Produtts
Moi/ira, iuProduOs, illc.
Mmlrai, ils Trade
Miiini, its Trade and ProduAs
Miliaria, its Fair
Malabar, its Trade and Produrta
Malacca, ill I'rade
Mulagmia Coall, its Trade
MaUivii, ihcir Produrts and Traffick
Malmlt, It Trade
Malta, ils Trade and ProduiU
Mandahl, its Produfls
Mangalir, its Trade
ManiUji, or Philippinii, their Produfti and Trade
Manii/clak, its Trade ^^ * '''
Maracaih, its Tr.ide, and Product!
Ma-gariia, or Ptarl Ifu, its Trade
Margali I larbour, its Ail
Marine Cafes dccidab'e in Equity
Mariners, their Contraft with Privateers
Their Wages triable in tUc Admir.ilty
Mull contribute to (joods fpoilcd 00 Ship-
board
Marriages not 10 be infured
Marriage lionds. their Power in Bankruptcies
Marj\iltii, its Alliarce with the Remam, Antiquity
and great Craile
Marrimce, ils Trade and Produifls
Manlciml, its Trade and Product:
Mcijiaif, its Trade
Mailers of Ships anfwcrable to the Owners for their
^^""•'ge 49, ;o
And Sailors, their Duty ti, 82, 8n, ^9
bhail not lofe their Ships for a fmall uncul-
tomed Thing r \
Carrying ceriilirate Goods to Inluntl, mull
take a Duplicate of its Contents - -
Mu/l fwear that the Owners ax SubjcAs of
Cfuai'UrUain
What Money thoy laay advance ilitir Sailors
in the Sujiar Trade
Cannot fue for their Wages In the Court of
Adinirally, though the common Sailors
nay 86 &
May fue for their Ranfom from Ship and
Gootls, if Kaiilbm then and remain
Holkges for the Performance
Can fell no Part of their Ships, but may
hypothlcatc ihim
Arc not aiifwer^dili! for the Contract* of
tiicir .Sailors Jiito
Malici*
781
7i)r
7J6
^ 738
705 i 7f;6
678
J^'.Tfci
770
7«3
73«
Z4'
■»9
761
Z"
804
l02
'49
240
20 (.
n''
'47
a''3
5'"
6
8IU
642
743
57
75
?7
8S
i\
\mim,.A
Iy6, 197
7)1
8}; &rcq.
■44
|rptcifieil
109
45
Book-
|to ihcm
7 &4I4
26,
gnntnl
. 499
ImiraU to
H7
OH;
Infequence 4 1 1
[69, 591 Jl-feq.
81^
flcj
81?
I • . *+'
Incieiit and
6
67 i
78.
7j6
765 & 7' 6
678
«'.7
7<'i.76z
770
73 «
2+'
I19
76a
•nd Trnde
796 & 797
I"
804
toa
'49
»40
20^
240
'47
?.(.
6
81U
64a
743
dmir.ilty
ilcd 00 bhip'
iiptcisa
ier» for their
49. ?o
ti,82, 88, Kq
fmall uncuf-
'iiIbmJ, mull
inti
« Subj«As of
5'
5-
57
: tlictr Ssilori
7>"
the Court of
imon Sailors
86 ii 24-
m Shiii and
nnd iciti^ia
^7
ps, but may
88
Contra^ of
ditto
I N D
X.
96
»3»
107
>'3
«<7
"9
"5
138
"39
225
231
236
162
Maftcri may not impawrn their Shipt for thair own
Dcbli Page 90
Muft contraA with their Mariocn before fet
m
Carrying about 1; Quni muft not flrilce to
Piratei without fighting 97,
To anfwer for the Banrtry "'' their Sailort
Having let out the whole Ship muA not
receive any other Goodi than the
Freighter'!
Cannot bring an AAion againll the Praighters
if the Ship did not arrive at the Port
agreed
Not getting their Lading agreed for out
and Home, how to proceed
When they may take up Money on Bot-
tomry
How mult ac'\ at Lnuhn, in Regard of Bal-
laft
May take two Piloli in Htlland
Muft reward People helping to favc the Ship 134
Their Duty in Diftrefi 137
Muft notoverlade their Ships ditto
After an EjeAion of fome Goodi fliouKI
not deliver the Remainder 'till a Contri-
bution is fettled
1 u Day for Goods thrown overboard, when
this has been occafioned by taking in
ot lers contrary to Agreement ditto
May detain the Cargo till a Contribution is
fettled for Malts cut away, tic.
Pledged for the Ranfom of a Ship taken by
Pirates, when to be redeemed
May not refufe bringing their Sailors Home,
What may pay the Sailors whilft beyond Sea
Muft obey tneir Coiwoys
On Arrival at any Port where there is a
Conful, they fliould wait on him and ac-
quaint him with what may have happen-
ed extraordinary in the Voyage
How are to proceed in paying the Cuftoms
in Norway
Mafullfatnam. its Trade and ProduAs
Mate's Receipt for Goods, when muft be given up
to the M after
Mcafum, both applicative and r,.'^eptive with
their Variety and Correlpondency with
one another, (yidt the Contents at the
Beginning) 856 & feq.
Melinia, its Trade and Produfti 735
Members of a Port, their Deftnition 138
Of Parliament may belong to the Bank,
Rtyal Exikangi, and LonJon Afluranccs
263, j46&J;o
Merchandize proper for Iiah 7 1 o
To be laden and unladen at any certain
Ports only in the Day time 36
Merchant, its Derivation, and his Chara£ter 29
The Antiquity and Honourablenefi of the
Employ ditto
Privileges granted to it in Franu ditto
No DiTparagement to Nobility 30
Many Kings and Princes exercifing the
Fnnflion ditto
What Qualilications he ought to make him-
felf Mailer of 30 & 32
Maxims propofed for the Managemen; of his
Aftairs 32 to 35
Regard always paid him by the Common
Law 35
Not obliged to fue at Common Law ditto
Subj^ to the Laws of the Country, where
Refident ditto
Not reftrained from departing the Kingdom
without Licence 36
Have Liberty to tranfport Irtm, Armour,
He. ditto
Adulterating Wine, are puniihable ditto
Importing T'obaccos have an Allowance ditto
His F.ffcSs in Partncrftiip Ihall not go to the
Survivor ditto
Need no: provide againft Survivorfliip ditto
Accounts between them, how ftated ditto
An Aftion may lie againft one, though more
obliged ditto
To caU him AUih Saniruft, is aAionable ditto
Merchant, obliged to pay a Bill according io A)>ret-
ment, though due on a day unknown in
our Law Pnge 37
Not compellable to come with his Ship into
any Part of EhiLkJ againft his Will diitq
When may plead the Sutute of Limitation,
and when not ditto
Prohlbiti'd the Importation of fundry Goods
from feveral Parts 37, }g
Feme Sole in Le»du,, trading without her
Huftjand, fhall unfwer for her own Af-
fairs 37
ReftriAions on exporting Beer, Ur. 39
Ditto, concerning the Importation of Corn 3S, )9
Lofing Goods at Sea, Cuftom paid, Ihall on
Proof have Liberty to ihip a hke Qjian-
tity, Duty free 40
May tranlpori Gunpowder when the Price
cloes not exceed c /. ftr Barrel ditto
In his Entries at the Cu/ltm-litufi fhall be
difpatchrd in his Turn 382
May Dreak Bulk in any Port, and pay Duties
for no more ih.m he enters and lands ditto
Not anlwerablc for a Piracy done by hia
Ship 229 St 1^0
Merchant Strangers (by Magna Charia) have Li-
berty to come into, depart or remain here 35
Any Abufe olTcred them puniihable ditto
Shall not be impleaded for another's Debt }6
Six Months allowed to wi'hdraw their Ef-
fefts, in Cafe of a Difference with their
Prince ditto
Obliged 10 fell their Merchandize at the Port
where th'- '-xid in Grafs ditto
Made De- ' oay alike Cuftoms as be-
Mtfihiil, it)
Method, r'
fore
Aliens, <s
imp .
ofG.
.df
'0 i as Izens, may export nnd
'iom to Inland all Sorts
• erci ■ ool, iff.
ditto
75J
83»
767
383
edi ifter « Ship's Report is made
368 ti 369
Tc be lr> ' whi a Bills of Exchange are loft,
'it- 440 & 44(
r -'ocuring a Letter of Marque 2 1 ;
IT" . ^ a Cafti Account in the Bank 359
1 ../o I great Fraflioos in Calculation 460, 461
To calculate (he Price of Foreign Wool 464
For working fimple Arbitrations 46$
Compound, ditto 469 & 48;
Middl'ftx, its Trade 574
Mid-Ltihiaii, or EdinbHrgh, its Trade )8s
Milan, its Trade 709
Mil/ord Haven loL
Mindan, , its Trade 79$
Mhihtad Harbour, the Ad about it 14s
Mingrilia, its TrafHck 748
Minuiu, its Trade yb%
MiJfiJpfpi, its Trade and ProduAs 81 1
Miftake, of a Sum in a ContraA, its ESeAi 40;
in Writings don't make void a fair Agreement 363
In Bills of Exchange, how are to be decided 444
M'cba, iti Trade and ProduAs 74a
MtJtna, its Trade 709
Molla, JtsProduAs Sag
ilf>/ii»a Iflei, their Trade 791 & feq.
Money of a Bankrupt in the Sheriff's Hands is not
aflignable by the Commiflioners joS
Overpaid on Ufury, by one becoming after-
wards Bankrupt, fliall be refunded 509
Its firft Species and Ufe j6j
Lent on Bottomry muft be only on Ship and
Carep 1 1 7
To be lent on Bottomry by no other Com-
pany or Corporation than the XtyaJ Ex-
tbangt and London Affurances 263
On Bottomry, to or from the f^-yvoVif, fhall
be on the Ship only 264
May be brought into Court by any one fucd
in an Adion of Debt on a Policy of an In-
furance ditta
Paid the Affured on a fuppofed Lofs, may
be recovered if no Lofs happened 267
Lent on Bottomry and infured muft be paid,
both by the fnfurer and Borrower ditto
Given i la CroJJi at Amfitrdam, how to be
infured 304
Money
%
:ir
N D
X.
I' I'
445
575
'75
8.3
847
846
507
53«
735
829
793 >' 794
«47
678
849
816
iiouy, |!v«n by 1 Debler for 1 Sum lent hii Crt-
ditnr ii not ufurioui l>ag« ]6]
Lent for ■ Time , atii, anil ihencerorwwiJ
II an eatrannlinary Interalt, ii not ufurioui diilu
Advancrd on I^itcri of Credit, of whom ii
recoverable
Mftnttjkiri, ill I'roduAi
tdnumntj^, iti Commerce, (^r.
Unintmo, iti I'rade and ProduAa
til'»tn*i, its Trade
Mtrti, iuTradk
Mtrgii, ill Port
Mortgage! of a Bankrupt, how far they are in the
Lommiffioncri Power
Mortgaging or felling Land is over-reached by llank
ruptcy
Mc/amiiftt, its Trade and ProdufU
Mi/i, ill Produdi
Mtlir, iti Trade and Produfli
MmJui, ill ProduQi
Mtulim, 'ti Trade and Produili
Mulhuyfin, ill Product
Mtni Sam/it, its Trade
Municip.^i 1 aws of a Country, in Cafes of Defceni
are more to be regarded than Proximity of Blood 3 1 ;
Att/ovy, ill 1 ratlc with MlanJ ityii 814
Mutiny not to be concealed in the Fleet 249
N.
N/iIRN, its Produiti {84
Names borrowed and feigned, how to be ufed
in frt ftn.1 Exchanges 437 & 438
Kaifafutt, a Duiih Sc ilemcnt in Japait 799
f'aniri, its antlent TraUe 6
tlaplrs, in 'I'ladc 706
Kartomit, famous in Anii<^ui y for in Trade, be-
fore the River 4liult delcrted its Pore {
Narva, its Trade Jjj
Natural-born Subjefls may inherit, iho' fprung from
Aliens 314
Namralizatioi',, what it is 377
Mull be by Ad of Parliament 319
Several Atls about it 31710310
ATitfiuY'/, the lower, its CommcTca 68 j
Navigation, o{ Ss.'omon's Fleet 2;
The A£l concerning it 4; to 48
Navy, iti Laws 24K&fe4.
From fvhence is fupplied wi:h Butter and
ChecCe 576
Negociators of Bills of Kxchance by Procuration,
oblige ihcir Principals in their TranfaAioni,
though they (hcmlclves remain free 415
Kcirti, its Trade and ProduAs 794
Ntu/chaiil, its Trade and l''iirs 849
Ntiv EnglanJ, iti Trade 644
tifyufiundlanJ, its Trade 656
fine Havin Harbour, its Afl 1 5 1
New Stile and Uld, at what Places they are ob-
fervcd 450
AViw Ysrk, its Trade 643
Nitaragua, its Trade 809
A'm^'s Ark, fuppofed a Pattern for the firll Ships 44
None mud moled thofe who arc aiding a Ship in
Diftrers 133
Nor promote her Lofs ditto
Ncrfalk, its Prodiifts
NermanJy, its 'I'rade and PrOuuAl
Sarlhamflmjhirt, its Produfls
Norlbumberlaiid, its Produfli
h'trway, its Trade with (Srul-Iirilaim
Its Trade with Htl/aHJ
Its General Tiade
Note of Hand, its Form
Notei of Bankers arc not Calh till receivca
679
ditto
6;8
8i3&8i4
826 k feq.
4"
444
Notice to be given by the Afllgnees of Bankrupts,
bf^fore making a Dividend 542 & 543
NittiHgkamJbire, its Produfls ? 7 ;
Ntva Stelia, our Title to it 646
Cirant of it to Sir ff. Alixanilir ditto
Part granted afterwards to Sir DaviJ
Kirt, who fold it to the /■««/> King ditto
At Sir W. A/exanJir did his to a Frini
Nobleman, who afterwards re-fold it
• to Sir TUmai Templt, from whofe
Heir, Samuil tt'aluo, Efqt of Ntiu
England, bought it, and fold an un-
divided Moiety to the Author 647
AW* Sfiim, 111 ProduAi and Importanct »» tha
Crown of (>')<«/. />ri/«ia Pact 646
SmnrH/, ill Trade n,^
Number, of Perfons reauifite to make an Kxchango 416
Of Parilhes and Ciiiei 'm(Jrimi.ttiiuit> s^t,n
Of Counties in Hitgltnit »n4 Ifah diim
Njtii, ill ProduAi g^5
O.
OATH, to be taken by the Court "br lryin«
Piraiei " " ,,0
By a Marine Court Martial before Trial 1(3
Of a Creditor before the Coinmiflioncri of
Bankruptcy ..^
To be taken by the Importcfi of Goods
from Ptr/ia
Obligeei in bottomry Bondi may claim aAer the
Obligeri are Bankrupli
Ooligrr (in Ufury) may aver againd the Condition
of the Bond
Offences, done in Privateers to be punilhcJ as thofe
in Ships of War
Committed at Sea and in our Haveni, where
triable
Done in Harbours that exclude the Crimi-
nals from (icncfit of Clergy
Againll fafe Condufls, how nunilhed
Ofticei, of Infurance, when ellabliflied at Pari/,
StttiMm and Maf/ii, and with what Fundi
Not to be held by Aliens
For giving an Alien's Lands to the King
under what Seal they mull be
Uot after Bankruptcy may be difpofcd of
Olliceri, of Excifc may fcarch Ships
And Sailors m.iy not defrri their Ships
In the Navy not to behave unbecomingly
Of the Kayi at ijn^w, and thofe in the
Country, the Times of their Attendance
For fearching Ships at Oravift»d, not to de
tain above three Tides
Oiitya, its 7'rade
OUtniurgb, its Trade
Old Stile and New, in what Placet each is ob-
ferved
0/wr, iu Trade
Ofhir (where Sclomeii'i Fleet went to) fuppofed to
be Sumatra or M, ,'acca
659
528
366
218
3°?
3'4
ditto
507
5»
231
252
382
ditto
H09
8'7
761
*7
35'»
586
677
846
768
ditto
Order to the Calhte i of the Bank of i'»^/«W for
Payment of M' ney, its Form
Ortiuy, its Produ/.s
Ortiani, Its Prod idli
Ormm City an ' Ifle, their Trade
Omh, its Pr.t
Ougli, its Trade
Owners of Shipi, who they are
flay break their Partnerfliip at Pleafure
Are liable for the A^ioni of the Mailers
they employ
May fue the Matters for the Damage! they
do ditto
Their Cafes with the Maftirs about Repairs
Not anfwerable for the Barrelry of Mailers
What they mull do for Seamen wounded in
their Service, and to the Widows of the
Slain
Oxftrdjhiri, its Prod uds
49
8?
P.
PAIT A, or Piura, its Trade
Panama, its Trade
Panartucm, its trade
Patjfartuvan, its Trade
Par, of Monies, its Definition
Ditto
808
789
ditto
4rg
ditto
Of Gold Coin between Lrnim and Amjlir-
dam ^;9
Ditto of Silver Money ditto
Of Gold Coin between Franti and HcllanJ ditto
Ditto of the Silver Money 460
Of Gold Coin between Lifitn and Amfttr-
Jam ditto
In its Calculation to void the great Frac-
tions 460 & 461
Pardon for all Felony docs not include Piracy 231
Parillies in Grtai-Bniiim, their Number 569
Pariih Boys, how to be put to Sea 92
When Apprentices at Sea, not to be
prels'd till 1 8 ditto
Ptrilh
I N D
X.
I'«ilh Doyj not to p«y lo CrrHHilti till ihit Agr P»g« <j»
Mull nut b« icrurcd u Apprtnticci b/
M*llei> ni !ihi|i< ditto
At what Age they may b« bouiul ditto
P.trM''. lu I ndo 710
fan 0* a Hill of Exchange not aflignabU 44;
Virtner, Nunltrgpl, wKit inay be rctovi'ttd of him jjj
liiiltbiril III anoihcr, a Bankrupt, what it
uliliged to piiy ditto
Mil iJcbli, whrn bind th« others ditto
Partnerniipi, in a Ship inuy be broke ut Plearuu 48
Not to Mcecd 6 ia th< Uaiiking Way 3411 & 356
ParfflUihaut, iti AA 14]
Party not to be a Judge in hiiownCaufe by the
Award of Afbitraiori 307
faflVi ihiir countcrl'ciiiiig or crafing nadc he-
lony 53
Patent for a Confiil, Eng/i/h and Frmth af)o & HH
Puyiriu, fanwjuj forK.ippee, Wr. H47
Paymcnii. ul' large I'liriljalea nnd Billi of Exchange
at k'lniit, ir.urt be in Bank jjo
At Amiliriam that mull be made in Bank yn
Ul Uilli of i xchaiiKei how to be calcu-
lated when .Milct ififter 449
To one Partner it Payment to all 1; t i
fiati, or ^'ar^»riiii Idr, III 1 rade Ho-!
ISUIts, mfxi-tiJuli, III ProduAi 5K4
Pigt, in I'r.ili' 770
Penal Bill tor Payment of Money, in Form 410
Penalty, fur Noii payment of a piincipal Debt, not
Ulury 363
Of concealing Bankrupt'' F.ITeilii and of
C'rcQicors lAcaring falfely 546 U C47
Of uidawful 'I'r,ide lo AjtHa 6».'
Lilto 10 the f.iip-liJm 634 to 6 ^6
Oil Go.lcis for a Bankrupt'i Efcapa ; 4H
I'csplc, flrickcn or poifi.ned in one Place, and dying
ii) ai Dlhcr, where triable
Eotn in the Rrmjb Plantationi, or on ihe
Brili/h Seas, are Subjefli of ExilanJ
Born aboard Simib-Sia C'lmpany'i Ships,
are natural Subjeels
ftrcht, it> Trade and FroduAs
Ptrnatu, iu Pradf
Pcifoiwl Demand miill be made for the performing
an Award
Attendance not required for TraofltiUoni
at the Baidc of imltml
tfirlh, itiProduAi
P^cherit Cot&i, their Trade
fiitr Alixoviiin, Czar of Mif/iny, hi« great Care
in forming; hit Subjects to Trade ■ I
His Endeavours to make himfcif Maimer of
the Ptijl^n SHk Trade 837
ttii'fifgt, iti Exports and Imports
Pelitionen not to have the Benefit of a Commiflion
of Bankruptcy folcly
Pillan, it» Trade
'3'
3'4
3.8
677
«3b
}<»
3^10
584
764
85tl
Petty Avera|ei what It is
Piirniciani fuppotcd the firll Mariners
49.1
757
13a
4)
Phiitffiiai, and Maniliai, their Trade and Products
706 & 797
PitatiUi, its Produ£li and Trade 673 J( b;4
fiWoKn/, its Trade 710
Pilchards, abundant on the Ctrnl/i Coatt 571
Pilots, their various Denominations and Oelinition izz
, from Dmtf, Dtai, and the Ille of Ihaiul,
their Examination and Admittance ditto
^Their Pay and Number ditto
For what Utfences their Wairantt may be
recalled
In Fiamt, their Qualification and Duty
. j In HillanJ, ditto
.:At Aariiur, ditto
'2J
ditto
8;o
Piracy, when Felony
What it includes 217
On the Briiijb 'Doainioni, where mull be
tried 3l<): 231
Pirates, or Sea Rovera, their Definition 225
Moil in Amirica ditto
Eftablidied at Altiiri, 7iiftlj and Tunii ditto
Robbing in a Harbour not Piracy, but a
Robbery 233
When to be executed witbout Trial 229
P>Jca, in Trade 809
riaLC^f Abode, and not Nativity, fubjeAta Man 203
Places, to which the Kmlijt ftnd Confuli Page 161
Whkk obCirve the New and O'd Stilt 4(0
la /rWW«y, from whence Wool U to be Ihlpped 64
Plantation Debts not difcharged to a Bankrupt by
the Altowance of his Certitcat* hei«
PUJkrw, Its Trade
P1I1H, its Trade and Product
ftUnJ'i Trade with Grt ,i- llrtltin
Pobcy, of Infurance, its Eiymology
Againft Kellraint of Princes, what It In'
eludes
Not avoided by an intended DeviatJon
On a Cargo, in Korm 187 k i8>
On a Life, its Form a88 k 289
At AmJIirilam, iti Particulars 189 k feq.
In Fr„iie/, where mull be made their Cod-
I**
676
lis
a6i
■tents, i^c
Ptmtrax'o, its Trade
PaKJiihini, its Trade
I'mU Harbour
Porm, />• a///, or PirtH, its Trade
I'trrnirii. ill Trade
/'«l/^rll/>./, its Traile
I'jrl, its Definition
Out of tlie Jurirdlftion of the Admiralty
Poller's Rates f'>r Landing, Cr, uf Uoudi
Hirii BiUq, its Tiade
I'liiiCaval/; its Trade
Ptrt Rich, its 'I'rade
I'oriugtl, its ' radc with Clrtat-Brtlaiit
I 'itlii, with IrtlatJ
Ditto, with FraMrl
Ditto, wiih / Vn/rr
Its gi.nrral Trade
Its Aft irat Company's Trmd«
Its A-niritnii Trade
30; k feq.
766
764
848
829
146
80a
tO]
80a
£10 & fitq.
67.
689
700
(96 k feq.
698
8li
rolTeflion of a Ship, without a jull Title, In Con
frqiicnce ,q
PoITclibr, of a Bill of Rxchnngc, how mull a<l when
the Acceptor fails, Wr. 419 & 420
Of a Bill is fuccreiled in Title by hira, who
pays him fnotu Proteft , jj
Of a protellcd bill, when is obliged to ad>
mit its Difcbarge by a third Pcifoo /.fm
Proteft djita
Of an cndorfed, accepted, and protafted
Bill, net JH. harg. d/u/ra Proted, on whom
hath, and when may demand Rediefs 41}
Of a Bill pr:itelled, ftom whom mall feek
Redrefs jj»
Of a prolefled Bill, and '-'ati'fafllon llfo re- ,.'
fufed by the Drawer, may fue elthM hint '
or the Acceptiu- ditto
Of divers Bills remitted him fbr the AcCoaht
of fundiies, how mull be latisfied if tbfy
ore prnielled jji
Failing, if he endorfe it, and it be accepted,
the Aaeptant mull pay 43J
How mull proceed, when the Drawer, Ac-
ceptant, and Endorfcri all fail 43 j
Of a conditional Cill found for its Compli-
ance, with what he muft comply 437
Of a conditional Bill, how may be compel*
led to follow the Agreement of the Ac-
ceptant ditto
Of bills without Date, how mud proceed 441
Poflibilitic' in Bankruptcies defined J17
Poll Entries for the SurpluDij^e of Cuftoms, how
muft be made 3^8 & 369
Not admitted for Goods paying Duty by
' Tale 369
Nor allowed for thcife paying Duty by Mea-
fu-e 370
Peuh- ^y, its Trade 794
Ptuln-HI'QH, its Tradtf oitto
Poundage, what ilia, and when granted 367 & 368
Power, of Marriage Bonds in Bankruptcy 316
Of the AlTignees of Bankrupts 54*
Preference, In honouring a protelled Bill, to whom
be given
May be given a Creditor bclbre the
Debtor is Bankrupt
Premium paid a Creditor for Money lent his Debtor
is not Ufury
For dii<M>vering a Bankrupt's EfTeAs
For Admillion into the Rujpa^ Company,
what it is
I 10 Z
»:
I
'ipf?
I N
I
10
i^;
in
Prtraiuti for iht Uwr<il ImpartMlon eriMvil Smcm
from th* Jlr>/.> rUauiioiu Fig* )l, (9
Prtv4>i, ill Trid* 7 1 7
Pri<ufl(ri in * Ship of Wtr uktn fairly by ihc tnmny
Audi b**« their Wigtt during ihtir Im-
prikmincnt *i i{]
PrirtiMn and Capcri, U^r DtAnition 104
What CommiAiniii lh«y muA ha>f jo{
Tbtir L'ofliraAt with iht Marintri ditto
MuA |iv( Hond not to break TKatin, Tub-
fifting with ih« Crown ditto iig li lao
Not to uf* their C'apiiirti 111 ao;
Mull not cnmmit any Spoil or Deprtdt-
lion on the Shipi ol FrienJi or Ncatciit
tfr.
Mult not bring away any Servant!, {Si.
from Amiritt without Leave
In what Manner may be infured
One waa infured for a **onih, and wat da-
nagcd by the Kncmy, and the '1 ime of
refitting exceeded the Munih, not a tutal
Lob
Infured Intercft, or no Intrreft, lit. wat
taken and retaken, yet the Infurcri bora
ihe Lofi
Infured on ihofe Tcrmi wai taken, retaken
and the Salvage forgiven 1 jutlged a total
Lofi iM}\i<>4
Farther Rrgiilitioni of 1 1 j
Privilege), allowed the PoirrlTnr of a Biii when both
the Drawer and Acceptor fail 4 1 1
Of a Dowry ;io
Prix* Goedi, Ihip'd in Ammim pay the fame Dutiri
here, ai the Produce of our I'laniaiinni ;8
Taken by a Ptivatetr, in Sight »f another
Privateer, boiii Oiall tbare equally 106
Their difteieni »orti >jA&i37
Pi«eef< ofilie Woollen Manufadure, from iti Cora-
mencemcnt to iti Confumpiion 618 & Irq.
Pnxlamalioni for Peace and Wiir, how performed 244
PreduAi, of our Plantaliuni to be carried to liie Brilijk
Dominioni only J4
Of ihtSfimifi and Ptrmgm/i Poircflioni in
Eiir$ft or Amiritm mighlbc infured not'
withAuiding the ACi
Profanenefi punjihable in the Navv
Prt/trms Exchanges, what thev include
ProUbitiwu agaiiitt a Suit in lae Adminlty, when
granted^ 80, 81, 81, 8t
2C6
a64
'7'
»73
164
»49
438
Protuoited Goodi not to be infured
a66
Promidiiry NoUt, when hear rnlerel) by TndorfcmenI ^1 1
1 heir Font} ditto
Property, of ■ PhM, when i> divcRcd by taking
27410176
Of a perfonal Chattel, how it altered by an
Award 3 1 1
ProteQwni and. PalTporti, their Definition 241
Frotefti, aeainft Billi of Exchange, when tnay be made ^ 1 1
Their Form ditto
When are to be notified ditto
Don't free the Acceptors 417
Againft BilU on the Fain of Ljmj, when
to be made <^t
Ditto, on the Fain of Framftrl ditto
Ditto, on LrifxUk and Uaumhurt 44]
May be made for the Remainder, when Part
of a Bill it paid 444
Mult be made fW BItli accepted, payable
at a longer Time ihan fpecificd 44 ;
Prtvnee, ill Trade and ProduAs 6lla
Provol) Martial in the Fleet, hu Duty and Obliga-
tion 2JI
Proximity of Blood fubmiti to the Municipal Law,
of a Place in Regard of Defceni ] 1 4
Pru^a, iu Trade 83^ & feq.
PitUmiii, had Efjfl for their Shait of AUxmdir the
Greai'i Dominioni 4
Their great Care of Trade, and the Hon-
riOiing Condition they raifed Ali*a»irit
to by It 4 & 5
Philadttfhui built the firll Lighthoufe 19;
Punilhment for Bankrupti not anfwering tb( Com-
miffionert Interrngatoriei 497
Purchafcf, that Aliens may make 3 1 4 & 3 1 j
After Bankruptcy, fubjeA to the Commif-
fion ;02
That are not fubjefl to the Commiflioa 506
'"■
X.
OUallficalInn, and Duty ofa Cnnnil P||, ,..
Ditto of the Cjovernor, Deputy, and DlreAari
of Ihe Rank .g .
lor Adniiitance into ik^ 7«ri/y Company 6i e
Rcquifile for Naturaliiaiion 31^, 31a
Quarantine, to be prrformcd at .S'/<i«|«/r Creek 23!
Furihrr I'rnvilioni about
Quarrali In the Heet, 10 be punilhed
t*i,tu», ill Trade
ih,, it! Tride
^jidfrt ft, mullbeappointrdinan Award of At'
biiraiion, for each Party to dti
iliiiiiln; III I'rade
R.
RAjofttr, ill ProduAi
Rtmlmti, or RtmUm, iti Trade
KmmJi^li Harbour, iU Aft
Rkniom, promifcd to a Pirate ii not binding by Um
t. ivil I aw
Bill, ill Form
Pitio in fri»ih
Of OHiceri and Sailori, may br infured it
Amjtiriiim
Rater, of Pilotage in HtlUmJfat going out
Ditto lor bringing in
Of difcouniing Billi at the Bank
lor Pnrieri at ihe Keyi
lor Cirii in /.fMJM
Raw Silk from .Imtrnt, (xcuAd from paying
here
ktnltj), ill Trade
Kralfurance, when may be made
Rccoiptt far Dcbeniurri paid, ilicir Form
Rerovcry of Marineri Wagei, how and when may
M9
• 10
«'l
)0l
I06
76.
7M
•74
"J
«»J
"4
JOI
•»4
'li
. »»•
M4 * J9S
[Duty
to
lie
•'♦
3«$
be jiilliciied
91*91
Rrdrefi for Carmen'* Faulia in AmVm, wher* to be
applied for
KtJSia, ill Trade 7iolt«iIi.
RrgiHer, of bhipi, tn qualify them for loading Wool
in IrilanJ 69 ft 70
Of a Court for trjfing Piraiei, Iti Duty ji|
507
549
4»l
Relief againit the Award of Arbitratori, when and
where to be had
Remedy againft Goaleri for a Bankrupt'i F.fcape
Remitter , cannot demand Saiislaftion for a Pro-
telled Bill, without producing the Prolell
On CommilEon, Handing Security, flio«ld
not have the Billi payable to themfclvea 41!
What Advantage they may claim ditto
What mull makr. good to their Principalt,
in Cafe of FrotelT ditto
When are free from their Rifquci 429
Removing Afligneei of Banknipu, bow, and when,
iidone S46*$47
Hinfrnu, iU Produfil jg^
Rent- Charge, fold at an Undervalue, ii not Uflirv 36;
To be paid before the Goodi of a BanK-
rupt be removed
Reports on Shipi Arrival how made at the CoAom'
houfe
Reprifali, two-fold
Leiteri of when to be granted
When made, any Overplus mull bereflored 204
Mull be condemned before breaking Bulk 2 1 1
Rtllraint of Princci, what it ia tat
Rntt, its I'rade Hje
Rewards for Defence aninll Piralei 131, 23a
For difcovcring a Plot aninll a Ship tjl
Ric3 and Melaflei, not to DC imported from tht
Pltnlaliem cf
Repealed u lo Rico jS tc 59
!'»
$3»
3AI
aoo
aoi
Ricklin, io Trade
Riim, ill Trade
Righu of Bankrapt'i Children by Man{a|t SottU-
menu
K»(Mif, it! Trade and Pivdufta
RoguiOi Infi'rancei fabjfO die Perpetraton to con'
dign Panilhincot
Rogues Vagabondi, or Begnra, brought Into thia
Kingdom, fubjeSa the Maftiin of Shipa
importing them to Penaltica
Kern mi, their Commerto
I eamt Navigation from the Gnth
Diicorered to na the B^-hilin
'1 heir Baaken Buftnefi
Rtmi, ill Trade 70S k 709
RMUffMl,
677
26{
64
4
161
■ I I nil
I N D
X.
617
$«♦
16)
6nf
ntm/M>, lltTnd* Pi(t liq
Kufiii, Piuh, 'I'ltr, Ui. nol 10 b* mtlted aboinl *
bhip bctwfcn Uii^tt-Bri^ii (sd UmivitM
R>ii, ill PrwliXli
kf/HUn, ill 'I'ltJc and ProduAl
HmtHftk, ill Produfli
RnyilKxihingc InCurinc* wh<n Incnrportlril
Koyal M/'rutn Company, when divclUd of ihrir
Chaiicr
What Kccompcnct ihcy had in Lieu
Royal Lomptny oi (lif Philiffimi in Sfmn, ihcir
Charter 6i;4 k 6c)%
KmhnJ J»hti, Gent, rabuilt SJt/titt Lifhilniifi 19;
Ruki, lor working a Simple Arbiiraiion 46;
For Compound Oillo 48 1 k 4H4
Kiir Sirlliing U) iht C*AI« at Crtmniiirf, ntu
Kljinitr gie
^1(^11 Company, when obtained their Chuter 6;7
Admittance into it, how gain'd ditto
Ri^j, ill Trade with i°<>x/««i 6;R
HmUitiljJIiiri, ic« I'ruduiU 576
8.
SAPE-ConduUi, their Nalurt
I low mull he filled up
Thtir Power
Sailing, lAer the Time agreed, In Confequence
Siiilori, in the Suatr True, what Money may be
advantcd 10 ihtm
»4»
»4}
ditto
110
7$
May fue for their Wagei in the Court of
Admiralty, but not Malleri II k 247
Mud pay (td. f4r Month (o Gruimiiih Hof-
pital gi
Their Willi not to b« made on the fame
Paper, lit. with Lctlen of Attorney ditto
Who are exempt from Paying to tirttn'wltk
Hofpiwl 9]
Mull nol abfenl ihemfclvci from the Ship
they belong 10 9^
Their Wuei 10 be paid In ]0 Dayi after the
Ship'i iTniry at the Cullom-houfe ditto
Mull noi refule Kighling againll Piratei g8
In the EaftUJi* bervi- :, not to pay to the
Fund fur ihofe in other Merchant Service 10;
Drunk, hutting one another, the Confc-
quence 107
Mull have their Wagei though the Ship b«
fciz'd for Debt ditto
Wagei nol to be brought into an Average, if
a Ship be dei.iincd oy Order of State
In our Sugiir I rade not to be impreflcd
Letteri oi' Miorney mull be made revokable
Mull not ilci'ett
Saimtngt, ill Trade and ProduAi
Si. Dtmingi, or Hij}aniila, its Trade
&l ll/lina, its Tra>lr and froduili
Si, "John Ji VUmm, its I rade
5i. Call, ill Trade
Salary of the Governor! and DireAori of the Bank
of Engltutl
Sale of I^L.Is, how to be made by the Commif-
fioncri of Bankrupt!
5<i'/r, its Trade
Sultmia, its Commerce
Salt, may be carried in Ships lawfully navigated from
Enroft to Pnfihiiia
Foreign, to be imported In Ships of not lels
than 20 7'ons Burthen
Not 10 be landed before the Duty be paid
To be forfeited if lefs be found aboard than
fpecified in (he Cockct
Made in EngUntl, lie, not importable
Salvage, its Definition
Sama, in .ifriei, its Trade
Samaraiig, its Trade
iamaiiMi, its Trade
Samhai, its Trade
Stndeftrd, its PioduAi
Sai.du.iib Marbour, its A£l
Saying a Merchant is Bankrupt bears an AAion
Scajihcm/i, its Trade
Sra't«rt)»ih (larbour, its Aft
Srhm.iiK, its Trade
Stoiliiifi/, its Trade with /relanJ
Seamen, in HcllanJ, not to iiifute their Wages
M\ fur their better Encouragement
118
210
111
»3i
. '^77
802, 810
740
803
848
36+
?07
7"
711
58
61
62
ditto
ditto
13'
728
788
75*
79'
8lq
176
488
8+5
847
66i
'94
26Q
Sea Marks, not 10 be dcltroted Pagt tgf
Second Hulhand, noi bound by the SeitlenwM maJa
on a (brmrr Marriage {14
StiA, ill Trade 71]
3,Hiri, itiProduAi )l4
Selling Laodi. in a Bankrupt'! Polfeflion it (he Time
of hii Failure, tried (O)
Or Mori)!aging Lands, is over -reached by the
Rankrupicy (]■
StnfgalHiytr, in Tiade 716
Sentence of a foreign Admiralty, 10 b« liballed lor,
anil Credited here 247
•Ifr, ill Trade 7*4
Service not 10 be infured 20)
SeilleiMnli, made by tl >• Eajllmlia Company 6]8, 6)9
When were firll made in Ntvi-iaglatJ 6m
Which may be iniule before Bankruptcy (oo
Separate ones not fubjetl to the Engage-
menis of a Hulband 5 1 1
ShtllaaJ, ill Prnduai }i6
Ship, it! Klymoloty 44
Suppofed to be copied from Ntah't Ark, and •
reafonable Account given of in Original dilCO
Its various Forms in Building 4(
111 joint Owners are Tenants in common 4I
Repairfl, when remains the Cune, and when
nol 49, {o
Iri Furniture, does not include the Ballaft or
Boat {O
When it may become a Drodand j 1
Mull not belong to a Cullomer ditto
How it mull be feized, when forfeited ditta
I^den with I'ullomakle (ioods, not to hover
on the Coalli of Eng/and or Irtlamd 61 tl 6a
MuH be fearched for Uncuilomed Goodi in our
HIaniaiioni, as well as her* j6
Mull be rrgillcr'd before going to our Planta-
tions, and when new nameif {7, 69, 76
Mult have one full Set of S^ iiijh » ili 61
Hypothecated for Ncceirarii.., in Confe-
quence 84 u gg
Repaired, lit. in the Thamv, ii not liable,
but the Owner!
May not be moored, or laid up in Si. Strvimr'i
Dock, Wf.
Not able to perform a Voyage agreed on, tbe
Confequcnte
Which are obliged in H$l/anJ to take Piloti,
and what mul\ pay them 1 a^ ic faq,
That don't pay to iriiitj Harbour
In Cafwattr Harbour, of whom mull take
Batlall
What mull pay for lying above a Month in
Tarmtuii Harbour
That are excepted from paying in S<aritruigi
Harbour
How to be llationed in H'tymntt Harbour
That are exempted from paying Dutiei in
Ram/tall and Smthuiih Harbour
Taken by a Privateer mull be tried by the
Admiralty
Taken for Reprifals, mull be brought into the
Kingdom, to which the Captor belong!
Taken, and retaken, how mull be reftored
Not brought infra Prtrfidia, of the Prince by
whofe Subjeft the Capture ii made, the
Owners are not divefted of their Property
Having a Letter of Marque mull not ail ?i
racy
1'he Number embargo'd by the Sfaniardi, in
their laft Expedition againll Oran
LoQ by Fault of the Mailer, when is Barretry
Its Hulband, Definition and Duty
Should check his Account of groA Weigbti
with the Land-waiters Books
St/rtfjliri, its Produtll
Slum, its Trade and Produfts
Sidlf, in Trade with fV»iVr
Sierra Lieiia, the Trade of in Coall
Tilebar, its Trade
Silver or Gold Bullion. 'bA-ri;tu Cola, or Jewels,
permitted Exjortitioii 36 & yj
Silver Coin, bef"^ek Utdm and .imjiirdan its Par 459
nii'o, between Frmci and h' llanJ 460
Single Bill fc r i\ s Fayment of Money, it, !• .rm 411
Sintfi, it! T id'. 717
Situation
90
99
110
'♦+
•41
«47
"53
•7»
180
207
206
210
227
ditto
167
368
370
576
77"
700
7»4.
790
N D
X,
3^-«iiii
^t
Siniulon of Rocki, near EJJjifttiu Light-houfe Page 196
Size of £c«i/ea Carts 40}
Skirriti Light-houfe, its Duel 1 96
.*//;», its Produfls 586
Small PLnder, what it is, and how mud bedifpoled
of
213
711 Si 712
740
Smyrna, its general Trade
Ssiaira, iM i.'ommcrce and Produfla
Scfala, its Trade and Hroduflt 7 J4
Stljjini, 4tf Produfts 6-i\
Sc/rurt, itl Trade 848
SiUmon's, great Revenues 24.
The Navigation of his Fleet 25
What Route it took ia iu Voyage to Ofiir 26
Seloit'ilDJ'gJa, its Trade 837
SomtrJ'iHiirf, its Produfts 576
SounJ, its Trade 817 & feq.
Scktniaya, its Trade 7^1^
Stuti-Sta Company to have all Prizes taken within
their Limits 236 i- 237
May lend Money on Bottomry to their Captains lit 5
When obtained their Charter 631)
Seutlnm/t/ Harbour, its Aft 1 S
SftniarJi, their Commerce 19, 690, .*«.' Icq.
Have many good Ports, well fituatcd for it 1 k)
Their Tuding Companies and Manufac-
tures ditto
Their Trade with Crtal }!iit,iiii 600 & fee
Their Tr.iiie with Inland 671 Ic 6-1
Th^^ir Trade with Ftantc 690
Their J'rade with I'lnice 700
Their Trade on their Jmtrican Coafts 802 & ieq.
Stafftr/IJtire, its Produfts 57(1
Stands in Luu/sit, whete Empty Carts are to be
found 4r4
Slarga.'e Creek, the Place where fiii«r«iuna !• per-
formed 238
State of the Trade between Rujia and China in
1721, i 1722 781
Siavangtr, its Trade 830
Stealing Bonds, is Felony 409
SnlUitic/ch, its E'efcription 742
Sltr/ing, its Produfts .585
Sirlin, its Trade «j4
Stile, the Difference bctweea Old and New 4;o
Stociholm, its Trade 840
Sxocks, of the Royal Exchange, and LcnJin AlTu-
tances, how to be railed 2^3
litt transferable and divilible ditto
Slermar, its Trade 817
Subje^S to reprize, who are 204
Subjcfts of F.nglanJ, not to be concerned in any
foreign hnflUJia Trade 635 ti 636
dubmilEon, to Arbitraments, mull be by Bond 308
Ditto, what it includes ditto
Whereon an Award may be made ditto
To ah Award, when may be revoked ditto
3H
426
386
3S8
576
789
28
65s
785
'49
To an Arbitration, its Form
Subfciipticnof a Bill of Exchange, how far is bind-
ing
SulFtrance, for exporting Corn, iu Form
For landing Apparel, ditto
SuffJk, its Produdl.
Sugar, from the BrtHJh Colonies, may be carried di-
reftly to any Part o( Eurnfe, tic.
May not be carried to Ii t'.and
SuiTMira, its Trade
Or ^falac a, I'jppofed to be Ofiir
Bummer Illands, their Trade
Sund, orSai^a Iflands, their Trade
Suidtrlaid Harbour, its Aft
Supercargoes, /'i/« Kaftors
" "dmg Commiflions of Bankruptcy, when, and
why done 547 & feq.
Suratie, its Trade 758
Sureties for a Debtor after he is Bankrupt, are with-
in the Statute 531
Surrey, its I'rodufts 576
Su^ft'x, its I'rodufts 577
SulhtiUnd, its Produfts 585
S-Kedtii, its Trade v>ith GrM/ //;//«/» 659
\\'\l\\ipam 691
With rrami 690
With Ihllani 81 J & 814
Its general Trade 840
With Portugal ditto
The EaJI- Indie: 842
TAble* for calculating Arfaiiration> Page ^69 & feq.
TaJn/ttt, its Trade a^l
Tagtl, its 1 rade _gs
Tuntr, its Trade »j^
Tare, what it is ,.J
Afcertained, when may be altered at the Cuf-
toni-houfe ^^^
An Alphabetical Account of it 37^ & (ga.
From the Biitijk Plantations | Part ii allowed
for it
Tarjhii, (where Schmtn'a Fleet went to) fuppofed to
be (ju-ZMrau
378
*7
770
406
Tariari of Nagai. their Trade
'luoaitttfui, its Trade
Tenants in common of a Ship
Tnafiirin, its Trade
Tender of Money, the fame as Payment
Ditto, favcs the Forfeiture of a Bond
Tintra, its I'rade, We. 7J7 4 ^jg
Ti'iitiit, its Trade ■jnt
Tirra Fiima, its Trade and Produftj gij
Thrown Silk of 'luihy, Ptrjla, Wc. not to be im-
ported 6, g,
Tid,r, its Trade ^,-T
Tt„hery, its Trade '**
Time, allowed to export by Certificate
Allowed for Ihipping and landing Goods on
the Keys of Landm
Limited for taking out aCommillion of Bank-
ruptcy'
Ditto, tor the Bankrupts to furrender
Ditto, frr Trial of Prizes
Title of Aciniiral, to whom lirtt given
local, it! Tr.'de
Ttma^o, its Trade
Tomfioi, its 'I'rade
Tonnage, what it is, and when granted
Unjhtrg, its Trade
Torrabaya, its Trade
T..u\ Value of Goods, may not be icfiaed at Am-
Jltrildm
Tcuhaiti, its Trade
Toulon, in .ir.cient Trade
Icur.iint, its 1 rade and Produfts
I'lade and Narigatior. Aft ,jj tc feq.
Iradeof the f«^/./,'-, when K?gan to flourilh 567
Trade between Grmt-Brituia and Fraiti
Ditto and Hc.lanJ
Ditto and Germawf
Ditto and Si-cin
Ditto and Poriugal
Ditto and Italy
Ditto and Turkey
Ditto and Jfriik
Ditto and the EaJI-Inam
Ditto and ^me,iia
Ditto and Ruffia, DeimarH, tfcruaf, SweJtn,
76J
37«
381
49s
497
312
*4S
749
810
367
829
78S
289
789
6
677
dim
610
!'«
619
64a
Poland, and Pn^Jia
Ditto and the /ia/lrian Netherlandi
Ditto Ireland and Seatlani
Ditto and Eajlland
Ditto Holland nidi FlanJtri
U'mo and SpMn
Of the Levum, and Coaft of Barhan
Of jffrick
Of .if.,
Of the Spani/h Amtrican Coafti
Of French Amerua
Of Ponugurjr America
Of Holland
Of Hivitxerland and Geneva
rranfaftinns at the Bank, do not require iPerfonal
Attendance jSo
rrsnfports from England, what confift of j68
I'reaiics ol Commerce between Greai-Brilain and
•V"'" 604 & feq.
Ditto between the Crownt of England and
Denmark gig
Trial un.lcr a ffCondCommiflion of Bankruptcy 538 & ftq.
I'rini;/ lloule at Deft/ord, what it is 197
Trijioii, lunii, ,.nd -llgien, cllabUihed by Pirates 22J
frrii Hiv'eiej, itl Trade gio
rruccs and Leagues, their Definition nf
Trutfdijtim and Uttniteim, its Trade 8t8
TruUeee
6j8, 659
6(9
669
ditto
669
7u
7*4
74«
802 tc feq.
810
81X
ditto
84J
8i>
788
764
tuf- "'
ditto
I4 & feq.
Vd
, 378
llo
»7
755
809
48
770
406
|37 & 738
794
8.$
im-
63,64
794
76}
37«
on
^-^'^
49»
497
31a
810
«J7
8*9
788
an-
4J & feq.
m
INDEX.
^
dito
610
V*
!'*
619
630
64a
wfJtn,
6j8, 659
6i9
66|
ditto
669
«7t
711
724
8o2 & feq.
81a
Six
ditto
Tfonal
360
568
• and
604 5c leq.
i and
SiS
538 & feq.
'97
:cs J2J
810
Ti uftccs, to Marria;;c Bonds, cannot come i.. as Cre-
ditors to prove ihc lionj JJcht, in Cafe
the HullanU is iiankrnpt in the Wile's
Life • I'ane 5 1 6
For cRablifliing a Colony in Cctrgia, the
I'ow
fnixilh, its Trade and Produfls
'fiaijuin, its J'raJe and I'roduils
Turin, its Tr.iilc
Turirftan, its Trailc
Turicy, its Trade with Crfai-l^riutin
Company, their Charter
New r\t\ in Kclaiion to it
Tula trill, it. Trade
Tyriani, their Lojnmercc
'I'he fuppol'ed Inventors of Naval Trade
'I'hcir Glory and I'owcr
Their City de;lro)eJ by Ntluchadnczxiir
And re-cltablillied on a neighbouring 111
649 & 6^0
80S
773
710
753
61;
ditto
616
764
3
ditto
ditto
ditto
il ditto
Afier.vardi delboyed by AUxaiu.er the
Great, and their Coaimercc removed
to Alixaitdria 4
V.
VAlpara'fo, its Trade
Value, of the Cohjfu, o( Rhodes
Of Goods fliippcd at Amjlerdiim, not to
be infured 289
Received, cxprcrtld in a Bill of Ex-
change, its l^ft'edts 444
faimei, xnBrctagnc, its ancient Trade 6
k'alulca, its Trade 809
y,/illiani, their firll Settlement, and Commerce 7
Their great Kiches and I'ower ditto
The great Blow given them by the
Treaty of Cambray S
The famous V'iitory obtained over their
Rivals the (Jcnot/c at the Battle of
C/j/szza ditto
Their Conful at Jacsita abufed by the Go-
vernor 262
Their general Trade (99
fera Cruz, or S/, 'Jnhn de Vthua, its Trade 803
Verbal I'romife to accept a Bill for a third Perfon,
iti Power 430
yevay, its Trade S46
I'irginia, its Trade with Grcat-Briiain 641
Umpirage, its Definition jo;
When to be made ditto
When is void 30S
Where Arbitrators do not agree, its
Form 3 1 2
Of one Perfon, its Form 313
Uncles of Aliens to inheiit before Fathers 3 1 4
Vmlerwald, its Trade 847
Unfortunate, in Trade, what Treatment mull ex-
pert 48O
U.'.ion oi' the two Companies trading to the EuJI.
India 634 & 635
Unlawful Intcrell may be taken when the Princi-
pal, and it, are hazarded 365
Unlawful Trade, to riirif)', its Fines 616
to Afnta, ditto 620
to the Eaft-lnd:rt 634
Voyage to be altered by Danger only 1 1 2
Urgeni, its Trade 753
V'-i, its Produfls 847
l.'fancc from Ai!»</o<7 to the principal Parts of£«-
ra/'f, what it is 44). & 445
From Ibmc Places toothers ditto
iireis, not to fuller, but when Part of the Money
agreed for, is paid 3^13
Ufurious Ailions, how mud be pleaded 3^).^
Agreement, » hen does not void a Bond 362
Ufury, its Uclinitioii ditto
494-
S77
'4;
588
733
•7'
Ufuiy, Cannot be without a Loan Page 31^3
Not taken by Jews from their Brethren ^6^
W.
Wages, to be paid to the Sailors In 30 Days after
the Ship's Entry at the Cullomhoufe 96
111 l:e paid thole taken in our Ships of
War, during their Imprilonment 257
Of Dui,l> Sailors nuill not be infured 294
ll'ii/e.', its I'rodudls and Louniics 579 '^' S^^
War and Peace, how proclaimed 246
U'lirdvttui, or H'ariitiits, its Trade 829
Warrant, to export Corn, its Form 386
Given by the Commilliuncrs to fcizc tl.c
Bankrupt's Fft'cils
lf\tr'tvicl','h:re, its I'rodiiiils
//'(,/, to Flarbour, \U hi\
ll'iiU'/orJ, its Trade
ll'atirfii, its Commerce
l/VimcurA Harbour, iis Afl
Weather, to be well retarded by MaHcrs of Ships
belbre ihey begin a \ oyage !;, 86
Weights, their V r.iiety and t orrefpondence. (I'ide
the Contents at the beginning) 851 S; feq.
If'ifiKoriLi.'J, its Produiis J77
ll'f/lrd, its Trade 587
Whalebone, or Fins, foreign cut, prohibited Im-
portation
W'hatib and Keys at LciiJan, where Goods may not
be fliippcd, tic.
I'hofe ih.it arc lawful, and the Times al-
lotted for working thereon
What makes a Msn a Bankrupt
iri.'ii/y Harbour, its At\
ll'hiitl.airii Harbour, its Aft
Who may be deemed Pirates
A Bankrupt
Widows Deed, of Settlement, when void
Wife, who is not dowab'e
Title to her free Bench
Her Fcrtunc in Franti, how afFtfted by her
Ilulhand's Failure
If'iglouii, its Produfls
Wills, in Favour of a Bankrupt's Wife
Ifil'J/.Irt, its ProduCis
Wines leaking in a Voyage, does not occafion a
I (lis of Freight, if it has rot been by the
Mailer's Fault
H'injlanlfy the firll Builder of EddyJIoiie Lighthoufe
t[ inuril'oii, its Trade
Wool, Sheep, of the Brilijh Produce not to be ex-
ported 67 & 6S
H'crci/liijhire, its Produfl 5^8
Word corruptive mull be in Declarations of Ufury,
Wreck and Lading difeo^ered by the Sailors, how
to be difpolcd of
Its Ftymology and Difference
M hen falls to the King
Kot to pay Cullonis
By whom may be fei/ed
Write oft' at the Bank, its Form
67
381
ditto
483
Hi
232 &23}
487 &483
S'3
510
ditto
i5t>
S8J
S«4
577
'95
844
366
9'
130
'3'
ditto
ditto
359
YAmcuih Harbour, its A£l
Yorkjhire, its Produfls
'Vopnt'cr Brother, being a Denizen,
before the elder, ii an A'icn
Yiien in, its Trade
lliall inherit
146
578
3>;
ZOff.iiC.ut, its Trade
Zu^, its Produflj
'/.unci, its Trade
Zuixaeh, its Fain
II A
'/.
84$
847
843 & 844
1)44